dr. paul fisher will determine if the teenager is legally dead. >> we're looking forward to the review by dr. paul fisher, which will occur later today. he is a pediatric neurologist. >> reporter: she came to the hospital two weeks ago to get a tonsillectomy. there were complications from what the hospital calls a complex surgery. >> i feel like my daughter is on death row. i never know when they're going to pull the plug or make that decision. i'm really just praying on it. just give her more time. >> reporter: the family's attorney was able to buy more time for the girl. he was able to get a court ordered stay. she will remain on a ventilator until december 30th. until then, the family still has concerns about the care she is getting while in the hospital. they say her ventilator was adjusted. that was brought up in court today. the judge seemed to trust it was a necessary adjustment for her care. >> the family does not want this hospital making changes without them being notified, which is their legal right and without it being directed by an independent physician. not by children's. >

dr. paul fisher, in his test results, he said jahi has no response to facial pain, no gag reflexes, no reflexes arms and legs >> our faith is strong. it's christmas eve. there is time for a mirror why cell we haven't given up there. it's just a judge ruling. >> the hospital is not opposed to having the family take jahi mcmath to to another facility. they've been free to do that at any time. >> jahi's family was upset with the ruling but say they want other families to know they're entitled to second opinions they plan to spend the night wrapping presents and staying by her bed side the way it looks is that hospital will not have to keep jahi mcmath on life support unless up until december 30th unless an appeal stops. that reporting live from downtown oakland, i'm allen wong, abc7 news. >> thank you. >> those looking forward to a cozy fire in the fireplace are out of luck. another spare the air alert has been issued, the 18 of the season. abc7 news is live in san francisco where people do not like it. >> no. they don't. it won't be a white christmas, but will be a smoggy one. we have seen this h

dr. fisher to determine if jahi's brain shows activity. >> we're looking forward to the review by dr. paul fisher. >> childrens hospital says it willwell comes a second opinion but maintains jahi is brain dead oochl we're very sorry about the complications that led to the death of jahi. we feel sympathy for the family. >> one doctor name dr. burn opposed dr. jack kevorian's use of assisted sue side. supporters marred around childrens hospita hospital.. her mother thanks everyone. iets hard for me now. right around now, i should be spending time getting ready to get her gifts together, wrapping and hiding from her so she won't find them. >> both sides in this difficult matter will be back in court christmas eve when some results could be presented. >> a major ruling in a land park pension case. parts of measure b are illegal saying san jess yeah cannot put pensions, however, cities can cut pay to makeup the difference. it calls for existing city employees to pay more into their pensions and plans. >> we've been saying measure b sill legal the judge found that the heart of measure b is illeg

dr. paul fisher examined her brain activity of yesterday afternoon and he is expected to discuss his results but because of privacy issues, that hearing is closed to the public. >>> at least 1,000 people have been killed, since saturday afternoon, more than 35 states have been hit by ice, utility as well as upstate in new york. after the outage more than a million were left in the dark. >> we bought a space heater and we got some candles. i don't mind being in the dark but it was the heat. >> forecasters say the heat and the cold temperatures will affect many. >>> the board vote was originally scheduled for thursday. they announce had it could finally end a labor dispute which could end a controversial clause could affect those up to six weeks of paid leave along with other contexts. in the meantime we have good news for those who ride with bart. the bart strand is expected to leave the block airport, it is a connector system using driver driverless 3 car trains. >>> is he making his around the world trip and norad will be using their satellites and radar to watch out for santa tonight as to

dr. paul fisher, head of pediatric neurology. i can tell you that the family sat in the front row as a judge ordered the test start this afternoon. hospital officials say they will include an eeg and the stand to look at blood flow to the brain and then it's back to court again tomorrow morning. christmas eve they will present the findings. meanwhile, a mother beside herself not knowing what will happen next. >> you never know when. i'm just praying on it. >> it is very unusual to have a hospital telling the family that they will remove someone from life support. we just don't understand what children's her he is. >> according to court documents, three doctors have determined she is brain-dead. >> we are very sorry about the complications. we feel a great deal of sympathy for the families as they work through this tragic time. >> the family has requested to bring in another physician to conduct these tests alongside the court appointed doctor. we want to let you know, we did press the hospital on what could have caused this. this

dr. paul fisher from children's hospital was appointed by the judge yesterday morning. later that afternoon, fisher ran the series of tests on jahi to detect brain activity. and blood flow. >> unfortunately, the medical condition of jahi by the statute you mentioned she needs all of the -- meets all of the criteria for brain death. >> reporter: the family sat in the front row stoic and stone faced after hearing the results. right now the judge and lawyers from both sides are hearing testimony from a dr. shanahan from oakland's children hospital. now he was the first or -- that doctor was the first doctor who declared jahi legally brain dead. 13-year-old mcmath has been on life support for 11 days after complications from a tonsil surgery. the judge ordered the hospital to keep her on the ventilator at least until december 30th. we know that children's hospital is ready to file a motion to remove jahi from that ventilator. they were waiting to see if the independent doctor did in fact come to the conclusion that she was brain dead. reporting live in oakland, back to you

dr. paul fisher to evaluate the 13-year-old jahi mcmath. doctors at oakland's children say the girl is britain dead after comply cases after a routine tonsillectomy. >> i feel like my daughter is on death row because i never know when they will pull the plug or make that decision. >> our hearts go to the family. we appreciate how painful and difficult it is for the family and the community support. >> the family wants to keep her on a ventilator. a judge ruled the hospital must hold off on discontinuing life support until december 30. >> police are look at surveillance video to help identify any suspects in connection with a bold holiday robbery in san jose mall. around 6:00 last night a masked man started smashing glass at the jewelers at the east ridge center that happened next to a line where kids were waiting do see santa. parents took off running in terror with their young ones including two sisters in law who watched it happen. >> we heard a shatter. i thought it was a glass bottle breaking and i saw him breaking one of the glass area

dr. paul fisher of stanford children hospital to he have ate the girl. test results are set to be presented in court tomorrow. >> more to bring you here. irreplaceable keepsake stolen from the yard of elderly east bay couple. next on 7 news. the plea to the thieves who took memory of the couple cause who died tragically. >> plus new details on the target security breach. fraudulent charges continue to wrack up why some victims have trouble cancelling the credit card. >> have you ever forgotten to bring the i.d. to the airport? no problem. the facebook page may all you need get through the tsa. >> i'm if sand yeah. we have the winter chill with us here but how about some storms? i'll be back to let you know if you see any rain as ♪ last minute deals on toys and gifts. ♪ ♪ that's my holiday, ♪ that's my kind of holiday. ♪ wrap it up, pop, lock and shop, ♪ ♪ buyin' presents that i forgot. ♪ ♪ that's my holiday. ♪ thank you grandma for the dolls. ♪ ♪ i love it! ♪ i'm ninja kicking through the halls. ♪ ♪ i love it! ♪ mom's posting pictures on your wall. ♪ ♪ t

dr. paul fisher of stanford children hospital to he have ate the girl. test results are set to be presented in court tomorrow. >> more to bring you here. irreplaceable keepsake stolen from the yard of elderly east bay couple. next on 7 news. the plea to the thieves who took memory of the couple cause who died tragically. >> plus new details on the target security breach. fraudulent charges continue to wrack up why some victims have trouble cancelling the credit card. >> have you ever forgotten to bring the i.d. to the airport? no problem. the facebook page may all you need get through the tsa. >> i'm if sand yeah. we have the winter chill with us here but how about some storms? i'll be back to let you know if i'll be back to let you know if you you know how much grandma wanted to be here for your fist christmas? you see grandma lives waaaay down here, and you live way up here. brian, your cousin, he's a little bit older than you, he lives here, in chicago. and your aunt lisa lives here, in baltimore. uncle earnie? waaay out in hawaii. but don't you worry

dr. paul fisher evaluates her. >> the family is very relieved that their child will not be killed on christmas eve. >> reporter: she has been on life support for 10 days now, declared brain dead after a tonsil surgery went awry. her family is fighting to keep her alive, even as the head of pediatrics at children's describes her condition this way. >> we are very sorry about the complications which lead to the death of your daughter. >> reporter: the community has rallied behind the girl's family. stating small marchs at children's hospital. they want a doctor of their own choosing to evaluate the girl, speaking outside the hospital a short time ago, her uncle said no matter what doctor fisher says, the family will not give up. >> i believe my sister will want to keep fighting. >> reporter: the results of the test that are still ongoing tonight will be revealed in court tomorrow morning. the family says that if all else fails, they are looking at placing her with a research facility, possibly out of state. in oakland>> reporter: that hearing starts tomorrow morning at 9:30. the judge will also

dr. paul fisher, evaluates her. the >> the family is very relieved that their child will not be killed on christmas eve. >> she has been on life support for ten days now, declared brain doed after a tonsil surgery went awry. her family is fighting to keep her alive even as the head of pediatrics describes her condition this way. >> we're very sorry about the complications which led to the death. >> the community rallied behind the girl's family staging small marches at children's hospital. they want a doctor of their own chooting to evaluate the girl. speaking outside the hospital a short time ago, her uncle said no matter what dr. fisher says, the family will not give up. >> i believe my sister will want to keep fighting. >> the results of the test that are still ongoing tonight will be revealed in court tomorrow morning. if all else fails, they are looking at placing her with a research facility, possibly out of state. in oakland christin ayers kpix 5. >> that hearing starts tomorrow morning at 9:30. the judge wil

dr. paul fisher of stanford children hospital to he have ate the girl. court tomorrow. >> more to bring you here. irreplaceable keepsake stolen from the yard of elderly east bay couple. next on 7 news. the plea to the thieves who took memory of the couple cause who died tragically. >> plus new details on the target security breach. fraudulent charges continue to wrack up why some victims have trouble cancelling the credit card. >> have you ever forgotten to bring the i.d. to the airport? no problem. the facebook page may all you need get through the tsa. >> i'm if sand yeah. we have the winter chill with us here but how about some storms? i'll be back to let you know if you see any r [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant tomato florentine soup, it took a little time to get it just right. [ ding ] ♪ but finally, it happened. perfection. at progresso, we've got a passion for quality, because you've got a passion for t

dr. paul fisher evaluates her. >> the family is very relieved that her -- they're trial will not -- their child will not be kills on christmas eve. >> reporter: she's been on life support for 12 days now. her family is fighting to keep her alive even as the head of pediatrics at children's describes her condition this way. >> we're very sorry about the complications which led to the death of jahi. >> reporter: the community has rallied behind girl's family. staging small marches at children's hospital. jahi's family wants a doctor of their own choosing to evaluate the girl. speaking outside the hospital a short time ago, her uncle said no matter what dr. fisher says, the family will not give up. >> i believe my sister will want to keep fighting. >> reporter: her family says if all else fails, they are looking at placing jahi with a research facility possibly out of state. in oakland, christin ayers. kpix 5. >> once again that court hearing starts at 9:30 this morning. the judge will also determine whether a doctor chosen by the family can examine jahi. >>> christmas eve means a shortened

dr. paul fisher which will occur later today. dr. fisher is a pediatric neurologist, head of pediatric neurology at patrick childrens. we look forward to his examination. >> reporter: children hospital oakland doctors declared her brain dead 12 days ago. she had tonsil surgery, hours after that surgery there were complications. the family has been pushing for an outside opinion on her condition. the community has been making their voices heard as well. today there was a march from the hospital to the courthouse. >> i really care. we want to keep jahi on life support. >> reporter: in court today, the family attorney asked the judge for a third evaluation by paul byrne, a pediatric professor at university of toledo and a past president of the catholic medical association. the judge has yet to make that decision. >> i think jahi will live through christmas. that is a major goal of this family, which was to have her be present on christmas day. >> reporter: now, late today the family attorney was able to get a stay from the judge, which m

dr. paul fisher with the children's hospital. he examined her last night and found no response to facial pain or reflexes in the weres arms a legs. >> they are not opposed to her being taken to another facility. >> it is christmas eve and time for a miracle. >> the family's attorney said this case grabbed the attention of hospitals nationwide and raised significant legal questions. is death when the heart stops beating or the brain doesn't send a signal. it is before a child speaks in the womanb is it alive or not? >> the battle continues and the family believes they scored a victory for patient's rights. abc seven nows. >> a damper on christmas after o one of them plowed in a family. moments later the driver saw this. one of those sports car sticking out from the side of the home. it levelled the christmas tree and destroyed many dpifts. the driver of the red car went to the hospital and police cited both drivers for street racing. >> police arrested four people for a string of eight robberies. police did not release the name of

dr. paul fisher with the children's hospital. he examined her last night and found no response to facial pain or reflexes in the weres arms a legs. >> they are not opposed to her being taken to another facility. >> it is christmas eve and time for a miracle. >> the family's attorney said this case grabbed the attention of hospitals nationwide and raised significant legal questions. is death when the heart stops beating or the brain doesn't send a signal. it is before a child speaks in the womanb is it alive or not? >> the battle continues and the family believes they scored a victory for patient's rights. abc seven nows. >> a damper on christmas after o one of them plowed in a family. moments later the driver saw this. one of those sports car sticking out from the side of the home. it levelled the christmas tree and destroyed many dpifts. the driver of the red car went to the hospital and police cited both drivers for street racing. >> police arrested four people for a string of eight robberies. police did not release the name of

dr. paul fisher counts more tests. >> i feel like my daughter is on death row. never know when he's going to pull the plug. >> reporter: she's been on life support for 11 days, she was declared brain dead after a tonsil surgery went wrong. her family fighting to keep her alive even though officials say there's no hope. >> we are very sorry about the complications which led to the death of jahi. >> reporter: chief of pediatrics dr. david duran says her surgery was quote more complex than a tonsillectomy. when asked to elaborate he couldn't because of healthcare privacy laws. meanwhile a community is rallying behind the young girl and a family refusing to give up the fight. >> i believe my sister will want to keep fighting. >> reporter: today the judge will also determine whether a doctor whom the family has chosen can examine her. reporting live in the newsroom, cate caugurian, kpix 5. >> they are looking to place her in a research facility possibly out of state. >>> and right nona is astronauts are spending christmas eve in space. they are hours into the latest

dr. paul fisher from stanford. >> the hospital in oakland welcomes the review. >> it's obviously a tragicituation. a young lady has died. no one takes it in a callous or uncaring manner, but she is dead. >> reporter: the judge encouraged both sides to work together. >> this is a very, very charged case, the stakes are very high with a young girl involved, and i think it would suit both parties well if you tried to speak with each other about how we want to get through these next few days. >> reporter: ultimately the fight pits the family's faith against what the hospital calls false hope. >> i cannot imagine my daughter in a freezer on christmas. that is heart-wrenching. >> reporter: at this point we know that the judge does not plan of making a decision on this case until after christmas. as far as if the new doctor comes in and makes a decision here and decides that, yes, it is time to take her off life support, the family has said they will appeal and go to a higher court to see if he can keep her on life support or move her to someplace else, but that's something we'll have to wait to

dr. paul fisher to perform a series of brain tests on jahi. tests were performed yesterday afternoon around 3:00. now, jahi came to children's hospital for a routine tonsillectomy. there were complications and that led to her becoming brain lead. she's been on a ventilator ever since. this was not the doctor the family wanted to perform a train test. they wanted paul burn from ohio. they were hoping to include him in this process. it's unclear whether he's here. but no matter what happens, the family believes that jahi is alive. >> any day, any minute, any second that she's on that ventilator is a victory for me. >> it gives the family time to find alternative arrangements and it gives time for jahi to come back to life. >> reporter: hun dreped of people showed up at oakland's children for a march in support of what the family is doing. many of those people wore purple. jahi's favorite color. meantime, david durant head of pediatrics issued a few comments yesterday say saying they look forward to hearing of dr. fisher's results and their heart

dr. paul graham fisher to determine if her brain shows any activity. children hospital maintenance she is brain dead. >> we are very sorry about the complications which led to the death of her. we feel great deal of sympathy for the family as they work through this tragic time. >>reporter: but attorneys for the family want a third opinio opinion. l neurologist dr. paul burn. critic ofe moving patients from life support and public opponent of dr. jack use of assisted suicide. >> so like i said i feel like my daughter is on death row. >>reporter: the mother says she is struggling to stay strong. >> this is really hard for me writ now. especially right around now i should be spending time getting ready to get her gifts together wrapping them and hiding them from her. >>reporter: both side in the difficult legal matter will be back in court christmas eve when some results from today independent medical examination could be presented to the judge. in oakland, abc 7 news. >> in the south bay major ruling landmark pension case. judge has ruled that parts of t

dr. paul fisher to look at the 13-year-old from oakland and decide if she was truly brain dead. family and her supporters marched today in oakland, demanding a hospital keep her on this ventilator. jahi was declared brain dead back on december 12th. three days after a tonsillectomy. the hospital says there is no chance of recovery. but her family insists anything is possible. stephanie elam is covering this one for us today. and she joins me now. so stephanie, i mean, as far as the timeline goes, if this doctor confirms that jahi is brain dead, which two other doctors have already done, when will the hospital ultimately make this decision and remove her from the ventilator? >> yeah, brooke, this decision really at this point, rests with this judge that did grant this family the court order to have this independent review. we now know it will be this pediatric neurologist from stanford university. once the review comes in from the doctor, the judge will decide. the two other doctors that reviewed jahi previously, those were both doctors from the children's hospital. the family wa

dr. fisher was not the first choice. they had dr. paul burn originally but we are looking into whether they will include dr. punch and see if -- dr. burn and see if he can take part in this investigation. >> i never know when they will pull the plug or make that decision but i am praying on it and saying, you know just give her more time. >> meantime hundreds showed -- hundreds showed up for a march for the little girl and many showed her favorite colors but the situation continues to change by the hour. according to the attorney for the family, another hearing is to decide whether dr. burn will take part in the investigation. we understand another one is scheduled for her at 9:30 a.m. brian flores. ktvu channel 2 morning news. >> thanks for bringing us up to date on that. many questions are being raised about the need for tons sillectomies. some say it is the most effective way to treat child apnea in children. according to medical reports, what happened to her is the most clinic occasion with -- complication with that surgery. >>> 49ers