| Hospital Immune From Liability For Failing to Obtain Relative's Consent |
| Good Faith Effort Is Defense Case of Estranged Relatives |
Argires advised the Delaware Valley Transplant Program (DVTP) that Mr. Brown, who was placed on life support systems,
was a potential donor of organs for transplantation and, at approximately 7:15 p.m. that evening a tissue typing biopsy
was performed.
Cerebral death was documented at 10:35 p.m. on October 30, 1984, and the kidneys and heart of the decedent were removed for transplantation during the early morning hours of November 1, 1984. The first relative of the decedent to be located as a result of the search undertaken by state police was the decedent's sister, Virginia Brown, who was located at her office at 10:15 on the morning of November 1, 1984.
The family of the decedent sued the Delaware Valley Transplant Program (DVTP) and Brandywine Hospital for damages due to their participation in harvesting of decedent's heart and kidneys without their consent alleging mutilation of corpse and intentional infliction of emotional distress.
The trial court held that the hospital acted in good faith in relying upon efforts of state police to locate decedent's next of kin so as to entitle them to qualified immunity under the Anatomical Gift Act. On appeal, the Superior Court of Pennsylvania affirmed the decision.
Court Decision: The Uniform Anatomical Gift Act has been adopted, with minor variations, in all fifty states and the District of Columbia. Section 8602(b) of the Pennsylvania Act, which is identical to the Uniform Act, establishes a descending order of priority for those persons with authority to make an anatomical gift:
b) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class , may give all or any part of the decedent's body for any purpose specified in Section 8603 of this code:
- the spouse;
- an adult son or daughter;
- either parent;
- an adult brother or sister;
- a guardian of the person of the decedent at the time of his death; and
- any other person authorized or under obligation to dispose of the body.
c) The persons authorized by subsection (b) of this section may make the gift after or immediately before death.
Section 8607(c) of the Act provides that any person who acts in good faith in accord with the terms of this chapter or with the anatomical gift laws of another state or a foreign country is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.
The difficulty encountered by the State Police in their attempt to expeditiously locate Larry Brown's relatives was occasioned not by any failure on the part of the hospital but rather by reason of the estrangement between Larry Brown and his family.
Appellant Virginia Brown, the sister of the decedent and administrator of his estate, testified that she had not spoken with her brother in four or five years and did not know where he was living at the time of his death.
Appellant Thomas Brown, the father of the decedent testified that he had not seen his son for at least one year and did not know where he was living at the time of his death.
Appellant Joan Brown Spina, another sister of decedent, testified that she had not spoken with the decedent for approximately three years prior to his death and appellant Johnnie Lee Brown testified that he had last seen his brother approximately four years before his death.
The Act authorizes, in the absence of the individuals specified by Section 8602(b)(1) through (b)(5), "any other person authorized or under obligation to dispose of the body," to make decision regarding organ donation. As a result, appellees, pursuant to Section (b)(6) of the Act, proceeded to obtain a court order authorizing the hospital to make the decision regarding organ donation.
Qualified immunity provided to hospitals by Anatomical Gift Act requires good faith attempt by hospitals to comply with all statutory requirements for organ donation; statute does not require any particular type of search for members of higher classes in order to establish unavailability of members of the class for purposes of consent.
The court affirm the decision of the trial court granting the hospital summary judgment.
Brown v. Delaware Valley Transplant Program 615 A. 2d 1379 (Pa. Super. 1992)
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