The late Amber Ebanks Screenshot/GoFundMe
Written by Heidi Klessig MD and originally published on LifeSite News on September 6, 2024. Read the original article here.
Shortly after this story was written, Amber Ebanks died of complications from her AVM embolization, compounded by a month of medical neglect and starvation in an American hospital. Her story demonstrates the utter cruelty of the brain death paradigm, which labels disabled people as being "dead already." People declared dead have no civil rights, leaving "brain dead" people and their families defenseless against doctors, hospitals, and the courts.
Amber Ebanks, a 23-year-old Jamaican business student, drove herself to Montefiore Hospital in the Bronx for elective surgery on July 30, 2024. But her procedure went awry, leading to an intraoperative stroke and brain swelling which worsened over time. Now, her family is fighting for Amber’s life while the hospital wants to pull the plug.
In February 2024, Amber was found to have a ruptured arteriovenous malformation (AVM), a tangle of abnormal arteries and veins in her brain. Thankfully, after the rupture she was able to return to life as normal. Her doctors recommended that she undergo an embolization procedure to clot off the abnormal blood vessels in her brain in hopes of preventing further rupturing and brain damage. Unfortunately, during the embolization procedure one of the major arteries supplying blood to Amber’s brain was unintentionally occluded, and her procedure was also complicated by a type of bleeding around the brain called a subarachnoid hemorrhage. Thus, she was taken to the ICU, placed in a medically induced coma, and treated for brain swelling.
Just 10 days later, on August 9, 2024, her doctors declared her to be “brain dead.” But there were problems with this diagnosis. The Determination of Death statute in New York and the Uniform Determination of Death Act (UDDA) both state:
“An individual who has sustained either:
1. irreversible cessation of circulatory and respiratory functions; or
2. irreversible cessation of all functions of the entire brain, including the brain stem, is dead.”
Amber Ebanks meets neither the first nor the second of these criteria. Her circulatory and respiratory functions continue: her heart is still beating, and her lungs are absorbing oxygen and releasing carbon dioxide. And she does not have the irreversible cessation of all functions of her brain, since she is maintaining her own body temperature, which is a brain function.
Moreover, the new 2023 American Academy of Neurology brain death guideline indicates that metabolic derangements such as high serum sodium levels may confound a brain death evaluation. According to Dr. Paul Byrne, Amber’s sodium levels were very high prior to her brain death determination, with readings over 160meq/L (normal sodium levels range from 135-145 meq/L). Not only can high sodium levels cause abnormal brain functioning, but they can also cause blood vessels in the brain to rupture causing more brain bleeding – the very problems that Amber’s doctors should be interested in preventing. Also, even though high levels of carbon dioxide are known to exacerbate brain swelling, her doctors have not been checking these levels or adjusting her ventilator settings to prevent such derangements.
In addition to her ongoing heart, lung, and brain functions, Amber has continuing liver and kidney function. And presumably she still has digestive function, even though the hospital has been refusing to feed her since she came in for her surgery on July 30th. A patient cannot be expected to improve neurologically without nutrition.
Not only is Montefiore Hospital refusing to feed Amber, they are refusing to provide her with basic wound care and hygiene. When Dr. Paul Byrne, a board-certified pediatrician, neonatologist, and brain death expert, flew to New York to see Amber this past week, Amber’s sister Kay showed him a maggot she had removed from her sister’s hair. Referring to hospital personnel, Kay Ebanks said in an ABC News article, "They are some of the cruelest people I have ever known." Most of Amber’s family lives in Jamaica, and her father has been struggling to get a visa in order to come and see his daughter. Meanwhile, the hospital actually suggested that family members say goodbye to her over the phone.
Amber Ebanks is very much alive despite receiving little to no ongoing treatment to assist with the healing of her brain.
Dr. Paul Byrne and Dr. Thomas M. Zabiega, a board-certified psychiatrist and neurologist, have both evaluated Amber’s case. They have submitted sworn affidavits that Amber Ebanks is alive, and believe that she has decreased blood flow to her brain causing a quietness of the brain known as Global Ischemic Penumbra (GIP). During GIP the brain shuts down its function to save energy, but the brain tissue itself remains viable. Drs. Byrne and Zabiega recommend additional time and treatment such as adjusting Amber’s sodium and carbon dioxide levels and treating hormonal deficiencies. They have testified that with proper medical treatments she is likely to continue to live and may obtain limited to full recovery of brain functions, even possibly recovering consciousness.
And there are other health care professionals that are willing to help Amber heal. A long-term care facility on Long Island called New Beginnings has agreed to care for Ebanks for as long as her family would like. "Everybody needs hope. You can't just give up. Can't just take them off life support when she needs more time," New Beginnings Founder Allyson Scerri said.
Nevertheless, doctors at Montefiore Hospital are adamant that Amber is “brain dead,” and want to disconnect her from her ventilator over the objections of her family. Despite the testimony of qualified doctors and experts, the judge assigned to her case is requiring that a New York-licensed physician be found to evaluate Amber and give testimony about her condition. Until then, Amber remains unfed, uncared for, and neglected in an American hospital, to the point of her sister having to remove vermin from her hair.
Amber Ebanks is very much alive despite receiving little to no ongoing treatment to assist with the healing of her brain. She does not meet the medical or legal criteria for death. All she needs are proper ventilator therapy, a balancing of her fluids and electrolytes, nutrition via a feeding tube, and hormonal replacement: treatments that are commonplace in medicine today. It is shameful that her family has had to beg for these treatments and even go to court to try to force the hospital to provide them.
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