Family wins stay for ‘dead’ woman

Judge orders hospital to keep Brampton mother on life support until medical tests are completed

A Brampton judge issued a two-week injunction to keep a woman declared brain dead on Sept. 20 on life support.

Ontario Superior Court Justice Lucille Shaw ruled that Dr. Andrew Baker, chief of critical care at St. Michael’s Hospital would run further tests on Taquisha McKitty, 27, as her family hopes to get her death certificate cancelled.

McKitty was declared dead by Dr. Omar Hayani, a physician at Brampton Civic Hospital, after she was determined to have suffered a drug overdose on Sept. 14.

But McKitty’s family argued last week that, although she was considered brain dead, which determines death under Canadian law, her heart was beating and she was responsive to requests to move by friends and family.

McKitty’s family won an emergency injunction the next day to keep her on life support, but it expired Thursday.

In court Thursday, Judge Shaw denied the request of the McKitty family’s lawyer Courtney Kazembe to provide a higher dosage of thyroid medicine to McKitty to help her recover.

The thyroid medicine was recommended by Dr. Paul Byrne, a retired American physician who was brought in by McKitty’s family to serve as an expert.

Shaw also denied Kazembe’s request to disallow an apnea test, which can be used to determine a person’s condition when he or she is presumed to be brain dead.

Byrne specializes in pediatrics, and has also written about brain death and testified in cases about brain death.

Byrne was cross-examined by Dr. Hayani’s lawyer, Erica Baron, who questioned his knowledge of Ontario law and his affiliation with the Life Guardian Foundation, a Christian organization he cofounded, which disagrees with the concept of brain death. Baron represents Hayani, but not the hospital.

Baron also cited a part of the affidavit Byrne wrote that says he was “grateful to the court for stopping further actions that would have ended Taquisha’s life.”

Byrne was not granted expert status, although his qualifications will continue to be considered by Shaw in the coming days. If he is granted expert status, he will be able to advise a physician licensed in Ontario to treat McKitty.

Baron argued continuing to treat McKitty would strain resources at the hospital and negatively affect health-care workers, who see her as being dead.

“(Kazembe) says that our position is that her brain is dead and that her body is alive,” Baron said. “Our position is that she is dead. It’s a terrible tragedy.” Hayani was not in court. Upon hearing news of the injunction, McKitty’s friends and family cheered. Many of her loved ones had waited in the hallway, as there was not enough room in the courtroom, which seats 20.

“Taquisha McKitty gets to live for a couple more weeks,” Kazembe said after the appearance. “At the moment, she looks unconscious, but she is completely alive.

“We totally agree with the judge’s decision to get proper reports and medical opinions from different sides.”

McKitty’s father, Stanley Stewart, said the family is happy they were given a little more time.

“They’re still deeming her to be clinically dead and we know she’s not . . . We’re fighting against the government. We’re fighting against the legal system, the medical establishment — and we’re just average everyday people.”

McKitty’s friends and family have set up aGoFundMe, and talked to the Star about the woman’s carefree nature and positive attitude.

“Her laugh, her ability to be herself . . .she didn’t care what anybody thought,” said Alyson McKitty, Taquisha’s mother, who says her daughter is her best friend.

“She’s never had a negative day,” said Paige Smith, Taquisha’s cousin.