Federal Court Orders Hospital to Perform Tracheostomy and PEG Procedures on Dead Patient

Since October, Titus Jermaine Cromer, Jr., has been at Beaumont Hospital in Royal Oak, Michigan. Beaumont believes that Titus suffered brain death as a result of traumatic injury. But Titus' parents obtained court injunctions forcing Beaumont to continue organ support.

The parties have been briefing motions pending before the United States District Court for the Eastern District of Michigan. Titus' parents claim that Beaumont's plan to withdraw support violates (a) EMTALA, (b) his constitutional procedural due process rights, and (c) his mother's substantive due process rights.

But the court may not need to rule on these motions. On December 23, 2019, pursuant to stipulations from both parties, the court ordered that Beaumont Health and Beaumont – Royal Oak "will arrange for the performance of tracheostomy and percutaneous endoscopic gastrostomy procedures on Titus."

The court further ordered that Titus' mother "shall as soon as reasonably possible transfer Titus out of Beaumont – Royal Oak, and to a long-term support facility, Plaintiff’s home, or other location (other than any Beaumont hospital, Beaumont medical facility, or other Beaumont facility), not more than fourteen (14) business days after completion of the procedures."