After an Oakland girl was declared brain dead following a routine tonsil surgery at UCSF Benioff Children’s Hospital last December, her family, refusing to believe the diagnosis, had her moved to a private facility after the UCSF hospital said it would remove her from life support. Now, nearly ten months later, a lawyer for the girl's family has filed papers asking that her death certificate be revoked, and that the girl be declared alive once again.

As previously reported, on December 9, 2013 13-year-old Jahi McMath underwent a routine surgery on her tonsils intended to manage her sleep apnea. Though alert, reading, and writing when she came out of surgery, shortly thereafter blood began pouring from McMath's nose and mouth, and she went into cardiac arrest.

On December 12, the hospital pronounced her brain dead, and the Alameda County coroner signed off on her death certificate that same day. Citing California law, which requires "determination of death" if a person sustains "irreversible cessation of all functions of the entire brain," the hospital said that they'd be removing McMath's ventilator. A legal battle followed, with McMath's family demanding that the hospital continue to care for her, as they believed that the child could recover.

In January McMath was moved to, according to KPIX, Saint Peter’s University Hospital in New Brunswick, New Jersey, where she reportedly continues to receive care. New Jersey allows a patient's family to reject a diagnosis of brain death on religious grounds, the only state to do so.

According to Christopher Dolan, the lawyer representing McMath's family (and, incidentally, a San Francisco Examiner columnist), as of this June, McMath has improved to the point where she might be able to leave the hospital's ICU.

In a June report from KPIX, Dolan said "he has recently watched Jahi look in the direction of her mother’s voice and even move specific parts of her body that her mother asked her to move."

Local political/PR consultant San Singer, who has represented UCSF in the past, tweeted angrily at Dolan following those assertions, saying "If Jahi McMath is improving, provide proof, let her do media interviews-otherwise this is a fraud on family, public, media."

When another Twitter user took issue with those remarks, Singer responded "She is resting in peace: RIP. She's deceased-anyone who says otherwise is perpetrating a hoax...you are nothing but a paid shill for a third-class attorney...hope you like Dolan's blood money."

In a phone call with SFist today, Singer, who made it clear that he does not speak for UCSF in this matter, said that the case continues to be "one of the cruelest, saddest hoaxes I've ever seen in my professional life...and I've seen a lot of crazy things."

Though Dolan has not acceded to Singer's requests, he told the Chronicle on Wednesday that “I have medical experts, including world-class experts on brain death, who will testify she is not brain-dead,” which is why the McMath family is asking an Alameda County judge to declare her alive.

What's the reasoning behind the move? According to Dolan, her family would like McMath to be cared for in California, “and not have somebody pull the ventilator on her if she is in the hospital.”

Another reason might be financial. If McMath is considered alive by the courts, either the UCSF Benioff Children’s Hospital or California taxpayers might end up being responsible for McNath's continued care.

So far, however, the hospital remains publicly circumspect. In a statement sent to the Chron regarding the filing, Children's Hospital SVP David Durand said that the hospital “extends its heartfelt sympathy” to the McMath family and that they would await the court's decision in the matter.

Update: In a report published Friday, the Chronicle says that Dolan displayed video clips at a press event Thursday in which McMath "jerks her foot" and "lifts the cup a few inches, then drops it." A request from SFist to Dolan to see the videos was not responded to a publication time.