Javona Peters was a normal 16-year-old girl, despite the brain condition she was born with. She had a whole life ahead of her and hopes and dreams for the future. A brain surgery, described as “routine” by the doctors, came to end her peaceful life on October 17, 2007. Following the operation, performed by the medical staff at Montefiore Hospital, New York, young Javona never woke up, remaining in a vegetative state ever since.

Currently she is in a deep coma, connected to tons of tubes and monitors, a hurtful sight for her parents. Although her lungs still function on their own, she breathes through a tube. The 16-year-old is not able to see, hear or speak, not to mention eat or drink, currently being fed through a tube.

The medical staff at Montefiore Hospital offered an explanation for the unexpected consequences of the “routine” operation. Apparently Javona suffered an allergic reaction to the anesthetic, which ended up provoking an oxygen insufficiency. The 90 minutes surgical intervention was performed by Dr. James Goodrich, who was aware of the girl’s condition, as he had previously met his young patient when she was only 3 years old.

What came as a tremendous shock for her parents turned into a legal fight weeks after the tragedy. The Bronx Supreme Court is set to rule a decision on January 7 on whether to take off Javona’s life support or not. The matter turned to the court of law as the two are not married and want different things for their daughter. While the mother, Janet Joseph, fights for full custody in order to potentially terminate her daughter’s vegetative state, the father, Leonard Peters fights for his daughter’s life.

In a ABCNEWS.com interview, Peters said: “When you see your kid go into the hospital, and then find out that she can’t talk or move, it is not a good feeling. […] It is not up to me to decide who lives and who dies. I don’t give life and I don’t take it away.”

Despite the consensual consent both parents gave before Javona was set to undergo the surgical intervention, they can’t seem to be able to reach an agreement now. On one hand, even though very small, there is still a chance for the 16-year-old to make a possible recovery, or at least that is what the hospital spokesman said. On the other hand, it’s hard for her parents to see their daughter in this condition, possibly never to recover again.

This is not the first case when a family dispute reaches court, implying the right to decide someone’s fate. Terri Schiavo’s case became known when a Florida court granted her husband the right to remove her life support after seven years of legal disputes with Terri’s family. The case is a bit different if we take into account the age of the patient and the circumstances, but that still remains to be decided. The hearings are set for January 7, 2008.