Tainted Organ Transplants Lead to Litigation

More than 300,000 organ transplants have occurred in America since 1994, with fewer than 30 of these cases involving transmission of a disease not identified prior to transplant.  But in those few cases, there have been devastating results:

• In 2002, a man died of a rare brain cancer one year after receiving an organ from a donor who had the same cancer. 
• In 2006, A New Jersey man received a lung from a heavy smoker and was diagnosed with cancer a few months later.
• In 2007, five people contracted HIV from a donor with a history of high-risk sexual behavior.

• In 2007, several people died after receiving rabies-infected organs from the same donor.

The federal Uniform Anatomical Gift Act, which was designed to create informed consent, uniform laws, and protected donors, appears to provide immunity donor banks and donor who act in good faith.  This hasn’t stopped the litigation, and a Massachusetts court recently held that the provision does not protect against common law tort actions based on decisions about organs suitable for transplant that are not made in good faith. 

The demand for organs leads some to conclude that the acceptable range for transplantable organs should be expanded with informed consent requirements being more stringent.

See Carmel Sileo, Tainted-organ transplants trigger legal action, immunity challenged, Trial, March 2009, at 16.