Medical examiners don’t have to return all organs from autopsied bodies to the deceased person’s family, New York’s Appeals Court ruled on Wednesday. The decision also added that it is not necessary to inform relatives if any body parts are missing.
A verdict allowing city coroners to return the body with missing organs for burial after performing an autopsy was ruled on in New York, AP reported. The appeals court had reversed a lower court’s decision, which involved a family who unknowingly buried their son with parts of his body missing.
“There is simply no legal directive that requires a medical examiner to return organs or tissue samples derived from a lawful autopsy and retained by the medical examiner after such an autopsy,” NY Daily News quoted Judge Eugene Pigott as saying.
Medical examiners have discretion to tell families whether they’ve removed and kept any body parts, but will not face any liability if they opt not to warn relatives, the court of appeals said.
The Shipley family from New York City suffered the loss of their 17-year old son Jesse in a 2005 car crash. After an autopsy, the teenager was buried, with his family not knowing the boy’s brain had been removed.
Two months after the funeral, Shipley’s classmates discovered his brain in a labeled jar during a field trip to the Staten Island morgue. After a court fight to have the brain returned, the family got the organ back and had a second funeral, as a Catholic priest had told them the boy was “unlawfully interred.”
A subsequent ruling by a midlevel court granted the family $600,000 in damages, which was a reduced payment from the $1 million awarded to the Shipley family from a jury for emotional distress.
The city contended that “the removal and retention of the brain by the medical examiner was authorized by law,” papers read, as quoted by NY Daily News. Justifying the decision to return the body to the family without the organ, attorneys also argued that brains must be hardened in formaldehyde for weeks before they can be dissected.
My Fellow Americans:
Article:
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“Medical examiners don’t have to return all organs from autopsied bodies to the deceased person’s family,…”
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Yeah,.. it’s called, “Organ-Harvesting”.
I wond$r if a$y m$ney i$ inv$lved in thi$ de$icion???
JD – US Marines – Now!,.. this criminal cartel will make even more money on you AFTER they have murdered you,.. and harvested your money making body parts!!!,… but,.. its all perfectly,.. “legal”. No problem,.. nothing to see here people,.. move along,.. move along…
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JD,
that is exactly where my mind went. How appropriate they reached this decision in Jew York, where those organ/money hungry folks reside in droves.
These organs are of no use for transplant. Organs to be transplanted must be kept alive and that is done by artificial means, known as life support. Once the organ is harvested alive and well it is transported on ice and as fast as possible to the receiver. the whole thing must take place within hours. A dead body having an autopsy has already been dead at least one day or possibly more. Organs for research most likely but not transplant. Retired nurse.
“Organs for research…”
That was my thought, too, Susan, including DNA profiles for data banks and R&D on growing tissue and organs in the lab. Then there are the autopsy lab ghouls who like collecting organs preserved in jars, all in rows on their shelves.
Let’s not forget the organ trafficking rabbi in NYC. It takes an an entire staff to harvest and deliver viable organs. These “donors” already had recipients waiting as the matching must be done in under 36 hours max.
Matching donor/recipient had to be known previously.The donors did not die, they were MURDERED is my point. They knew in advance who was to receive them as it was a black market procedure.
And the organ “black market” continues. Will you receive an organ from a dead man or woman who was incarcerated in an American prison?
. . .