Nearly a year after a judge declared a teen legally brain dead, the teen’s family is seeking a court order to declare her alive.

Three doctors declared 13-year-old Jahi McMath legally brain dead following complications from a sleep apnea surgery last December, and a death certificate was issued.

But now, McMath’s family says they have proof that she is alive. Doctors at a nonprofit ran a series of tests and say that the teen’s brain is still functioning. Now, they want the death certificate revoked.


Hospital: Death Certificate Issued for Brain Dead CA Teen


The family’s lawyer, Chris Dolan, played video clips to reporters which appear to show McMath moving her hand and foot on command.

Arthur Caplan, the head of medical ethics at New York University's Langone Medical Center, says he doesn’t know of any cases of a court reversing a brain death determination. If reversed, McMath would become eligible for state benefits.

A hearing is scheduled for Oct. 9.


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Defense Attorney Pilar Prinz discussed the case today on “Shepard Smith Reporting.” Watch more above.