Montefiore Hospital in Brooklyn is neglecting Amber Ebanks, but experts who have seen the student say her body is functioning and that she could improve with proper treatment.
Amber Ebanks, a 23-year-old Jamaican business student, drove herself to Montefiore Hospital in the Bronx for elective surgery on July 30. But her procedure went awry, leading to an intraoperative stroke and brain swelling that worsened over time. Now, her family is fighting for Amber’s life while the hospital wants to pull the plug.
In February, 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, 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:
irreversible cessation of circulatory and respiratory functions; or
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, it’s refusing to provide her with basic wound care and hygiene. When Dr. Byrne, a board-certified pediatrician and 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.
Dr. 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 who 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.
Heidi Klessig, MD is a retired anesthesiologist and pain management specialist who writes and speaks on the ethics of organ harvesting and transplantation. She is the author of “The Brain Death Fallacy” and her work may be found at respectforhumanlife.com.
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The FDA old guard criticized the new leadership in a Dec. 3 New England Journal of Medicine (NEJM) letter over a higher regulatory bar for vaccines, namely the expectation that most new vaccine approvals will require randomized clinical trials, arguing it could hamper the market.
“Insisting on long, expensive outcomes studies for every updated formulation would delay the arrival of better-matched vaccines when new outbreaks emerge or when additional groups of patients could benefit,” the former commissioners wrote. “Abandoning the existing methods won’t ‘elevate vaccine science’ … It will subject vaccines to a substantially higher and more subjective approval bar.”
But while the former commissioners disclosed their conflicts of interest to the medical journal — per standard practice in scientific publishing — reporters didn’t relay them to the broader public in reports in the Washington Post, STAT News and CNN.
The headlines about a bipartisan rebuke from former occupants of FDA’s highest office give the impression that the Trump administration is contravening established science, but closer inspection reveals a revolving door between pharmaceutical corporations and the agencies overseeing them.
Three of the signatories have received payments totaling $6 million from manufacturers or former manufacturers of COVID vaccines.
Scott Gottlieb has received $2.1 million in cash and stock from his position on the Pfizer board of directors, where he has advised on ethics and regulatory compliance since 2019, according to company filings to the Securities and Exchange Commission. Stephen Ostroff has received $752,310 from Pfizer in consulting fees since 2020, according to OpenPayments.
Gottlieb and McClellan did not respond to requests for comment. Ostroff could not be reached for comment.
FDA Center for Biologics Evaluation and Research Director Vinay Prasad outlined the higher standards and shared the results of an internal analysis validating 10 reports of children’s deaths following the COVID-19 vaccine in a Nov. 28 memo to staff. He called for introspection and reform at the agency.
The NEJM letter criticizes Prasad for cracking down on a practice called “immunobridging” that infers vaccine efficacy from laboratory tests rather than assessing it through real-world reductions in disease or death. The FDA under the Biden administration expanded COVID vaccines to children using this “immunobridging” technique, extrapolating vaccine efficacy from adults to children based on antibody levels.
Norman Sharpless — who in addition to previously serving as acting FDA commissioner also served as the head of the National Institutes of Health’s National Cancer Institute — consults for Tempus, a company that collaborates with COVID vaccine maker BioNTech. He has helped steer $70 million in investments in biotech through a venture capital firm he founded in November 2024. Sharpless also disclosed $26,180 in payments in 2024 from Chugai Pharmaceutical, a Japanese pharmaceutical company that markets mRNA technology among other drugs, on OpenPayments.
“I was grateful for the opportunity to serve as NCI Director and Acting FDA Commissioner in the first Trump Administration, and strongly support many of the things President Trump is trying to do in the current Administration,” Sharpless said in an email.
Margaret Hamburg, another former FDA commissioner and signatory of the NEJM letter, has since 2020 earned $2.8 million as a member of the board of Alnylam Pharmaceuticals, which markets RNA interference (RNAi) technology.
Hamburg did not respond to a message on LinkedIn.
Most signatories disclosed income from biotech companies testing experimental cancer treatments. These products could face tighter scrutiny under Prasad, a hematologist-oncologist long wary of rubberstamping pricey oncology drugs — which Prasad points out often cause some toxicity — without plausible evidence of an improvement in quality of life or survival.
The former FDA commissioners disclosed ties to Sermonix Pharmaceuticals Inc.; OncoNano Medicine; incyclix; Nucleus Radiopharma; and N-Power, a contractor that runs oncology clinical trials.
Andrew von Eschenbach, who like Sharpless formerly served both as FDA commissioner and the head of the National Cancer Institute, disclosed stock in HistoSonics, a company with investments from Bezos Expeditions and Thiel Bio seeking FDA approval for ultrasound technology targeted at tumors.
Some FDA commissioners who signed onto the letter opposing changes to vaccine approvals have ties to biotechnology investment firms, namely McClellan, who consults Arsenal Capital; Janet Woodcock, who consults RA Capital Management; and Robert Califf, who owns stock in Population Health Partners.
Califf did not respond to an email requesting comment. Woodcock did not respond to requests for comment sent to two medical research advocacy groups with Woodcock on the board. Eschenbach did not respond to a LinkedIn message.
The two signatories without pharmaceutical ties may find their judgement challenged by the FDA investigation into COVID-19 vaccine deaths, having either implemented or formally defended the Biden administration’s headlong expansion of vaccines and boosters to healthy adults and children.
David Kessler executed Biden’s vaccination policy as chief science officer at the Department of Health and Human Services, helping to secure deals for shotswith Pfizer and Moderna.
Meanwhile Jane Henney chaired a National Academies of Sciences, Engineering, and Medicine report published in October 2025 that praised the performance of FDA and Centers for Disease Control and Prevention (CDC) vaccine surveillance during the pandemic — underwritten with CDC funding.
That assessment clashes with that of a Senate report, citing internal documents from FDA, finding that CDC never updated its vaccine surveillance tool “V-Safe” to include cardiac symptoms, despite naming myocarditis as a potential adverse event by October 2020, and that top officials in the Biden administration delayed warning pediatricians and other providers about the risk of myocarditis after their approval in some children in May 2021, months after Israeli health officials first detected it in February 2021. The Senate investigation named Woodcock, a signatory of the NEJM letter, as one of the FDA officials who slow-walked the warning.
HHS is also working to “reverse the Biden administration’s attempt” to classify gender dysphoria as a type of disability.
The U.S. Department of Health and Human Services unveiled a multi-pronged regulatory effort Thursday to curtail gender-affirming care for minors, including gender transition procedures at hospitals.
The Centers for Medicare & Medicaid Services has drafted a rule that would prohibit pharmaceutical or surgical gender reassignment procedures from receiving federal Medicaid or Children’s Health Insurance Program funding. It’s also proposing a rule that would allow it to withdraw Medicare and Medicaid funding from hospitals that perform such surgeries on minors. HHS is also working to “reverse the Biden administration’s attempt” to classify gender dysphoria as a type of disability. If gender dysphoria were to be defined as a disability, then health care providers who don’t want to perform what the department has dubbed “sex-rejecting” procedures could be in danger of violating anti-discrimination laws.
Health and Human Services Secretary Robert Kennedy, Jr., described gender affirming procedures as “unsafe” and “irreversible,” and framed the administration’s actions as “[protecting] America’s most vulnerable.”
“Our children deserve better – and we are delivering on that promise,” Kennedy told reporters Thursday.
The department is acting on directives from an executive order from President Donald Trump’s first few weeks in office. The Jan. 28 order called on government agencies to “[defund] chemical and surgical mutilation” of children, seemingly in the manner that HHS has proposed, as well as “rescind or amend all policies” relying on guidance from the World Professional Association for Transgender Health.
The Food and Drug Administration is also taking regulatory action against some organizations that market breast binders to minors.
“Illegal marketing of these products for children is alarming, and the FDA will take further enforcement action such as import alerts, seizures, and injunctions if it continues,” said Food and Drug Commissioner Marty Makary.
Kennedy signed a declaration Thursday that gender affirming procedures for minors “do not meet professionally recognized standards of health care” and the Assistant Secretary for Health and Head of the United States Public Health Service Commissioned Corps, Admiral Brian Christine, signed a public health message stating the same.
“Evidence shows sex-rejecting puberty blockers, cross-sex hormones, and surgeries are dangerous. Providers have an obligation to offer care grounded in evidence and to avoid interventions that expose young people to a lifetime of harm,” Christine said.
The House of Representatives passed a bill Wednesday that would criminalize the act of providing gender affirming care to minors.
