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Sunday, June 08, 2008

Courts - Still more on "Ohio Court Debates Rights to Body Parts"

Updating this ILB entry from Jan. 28th, which includes a quote from the Washington Post that begins:

The Albrechts' discovery that they had buried their son without his brain has led to a federal class-action suit that could cost local governments millions of dollars, force changes in the way medical examiners perform their jobs and establish new rights for the next of kin.

The suit argues that the next of kin, not the state, should make decisions on how to dispose of organs no longer needed for testing, and that denial of such a right violates the Constitution's promise of due process. The federal lawsuit names 87 of Ohio's 88 counties; the other, Hamilton County, which encompasses Cincinnati, has already settled with families for $6 million.

The Supreme Court of Ohio decided Thursday that "families do not have a right to recover organs, tissue or other body parts from a coroner after an autopsy is performed on a relative." Howard Bashman of How Appealing has collected together the links here.

Posted by Marcia Oddi on June 8, 2008 11:01 AM
Posted to Courts in general