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Brain Declaration

Sean J. Evans, M.D. Associate Professor UCSD Department of Neurosciences What’s on tap…

 What is ?

 How do I think about it?

 What do the guidelines say?

 Complicating issues…

 What can we learn from an unfortunate case?

A brief history…

 1960s- drives a recognition of need for legal status

 1968-Harvard Medical School proposes criteria for patients that could be declared dead prior to cardiopulmonary failure

 1970-Kansas adopts legal brain death declaration

 1981-Uniform Determination of Death Act Uniform Determination of Death Act

 Section 1  Additions – An individual who as – New York and New sustained either (1) Jersey irreversible cessation of  Exceptions based on circulatory and religious belief of the respiratory functions, or family. (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards. What is brain death?

 Irreversible loss of function of the brain, including the brainstem.  Also called “death by brain criteria”  Allows for spinal cord and peripheral nerve function

How do I think about it?

 Be as obnoxious as I can be, and see if the brain can respond to me!

 Helps if the things you do are universally accepted as obnoxious… How do I think about it?

 What can I prod? How do I think about it?

 How to prod?

Exclude sedating drugs by showing level below therapeutic, or by observing 5 half lives.

Therapeutic for alcohol = >0.08

Phenobarbital Min Tox 30 ug/ml Pentobarbital Min Tox 5 ug/ml

Guidelines!

Guidelines

 Must Have  Must NOT Have – Clinical or Imaging – Severe confounding evidence of medical condition neurologic – Intoxication catastrophe – Hypothermia <90F compatible with irreversible cessation of brain function Guidelines

 Clinical exam must include – Coma, no cerebral response to pain – No pupillary responses – No occular movements to VOR or Calorics (50ml of ice water and 1 minute of observation with 5 minutes in between ears) – No corneal response – No jaw jerk – No grimace to pain – No gag – No cough Guidelines

 Clinical exam must include – No respiration  Ideally confirmed by apnea test – Pre-oxygenate – Pretest ABG – Off ventilator for 8 minutes, observe for respiratory movements – Post-test ABG, CO2 rise of >20 to minimum of 60. – Abort if SBP<90, desaturation, or arrhythmia Guidelines

 Confirmation – Best confirmation is time  6 hours for adults  12 hours for 1-18 years  24 hours for 2-12 months  48 hours for 7-60 days  Unclear under 7 days – Second best is confirmatory test Complicating issues…

 Can’t tolerate an apnea test…  Seizures…  Infants…  Temperature…  Intoxicants…  Metabolic…  Trauma…

Complicating Issues

 Confirmatory tests – Angiography – Electrocerebral Silence – Transcranial Ultrasound – Technetium 99 Scan – SSEPs Guidelines

 Documentation – Etiology and irreversibility of condition – Absence of brainstem reflexes – Absence of motor response to pain – Absence of respiration with CO2>60 – Justification for and result of confirmatory tests – Interval of neurologic examination What can we learn from an unfortunate case?

 On December 12, 2013, after suffering complications of an elective tonsillectomy and adenoidectomy, Jahi McMath, a 13 year old girl, was declared dead by brain criteria following assessments by a neurologist and a pediatric intensivist at Children’s Hospital & Research Center Oakland.

 “The family, by contrast, claimed that their child was not dead because she had a continually beating heart and was moving in response to touch.” What can we learn from an unfortunate case?

 “Judge Grillo…issued a temporary restraining order stopping the hospital from disconnecting her ventilator…appointed an independent physician…(a pediatric neuro-oncologist from Stanford University)…to evaluate Jahi.”

 “The neurologic examination of the court-appointed neurologist shows a full neurologic examination, apnea test, isoelectric EEG, and a nuclear scan with no demonstrable uptake.”

What can we learn from an unfortunate case?

 Ultimately, Jahi was legally treated as deceased, and a death certificate was issued on January 3, 2014, with a date of death of December 12, 2013.

 Judge Grillo issued multiple TROs requiring the hospital to maintain ventilation of Jahi’s body, but denying the family’s request for further invasive procedures to facilitate transport of Jahi’s body in a ventilated state.

 Jahi’s body was transported to an outside facility on January 6th and reportedly remained ventilated a year later. What can we learn from an unfortunate case?

 No legal precedent was set regarding brain death declaration, only in the disposition of the remains of a deceased individual.

 California law does not allow the argument that a family’s religious beliefs preclude declaration of death by brain criteria.

What can we learn from an unfortunate case?

 Could this have been avoided with better education?

 This is incredibly rare! Questions?

 Burkle et al., Why brain death is considered death and why there should be no confusion, Neurology, 2014;83:1-6

 Evidence Based Guideline Update: Determining brain death in adults: Report of the Quality Standards Subcommittee of the American Academy of Neurology, Neurology, 2010;74;1911- 1918

 Practice Parameters: Determining Brain Death in Adults, Neurology, 1995;45:1012-1014

 Guidelines for the Determination of Brain Death in Children, Pediatrics, 1987;80:298-300