The families of two pepople who received organs
infected with rabies and died a month later are filing lawsuits
against the hospitals and those involved in the transplants. The
lawsuit alleges that the defendants failed to get enough information
about the donor in order to obtain informed consent from the patients.
The Centers for Disease Control and Prevention
confirmed that the deaths were from Rabies transmission through
solid organ transplantation.
Autopsy specimens tested after the deaths of the two organ recipients
confirmed that the donor organs were infected with Rabies.
Currently, organs are screened for the AIDS virus, hepatitis B
and C, and West Nile encephalitis.
Plaintiff’s attorney's feel that the defendants
fell below the standard of care by failing to inform the organ
recipients and their families about the donor's high-risk nature.
Allegations have been made that the donor of the
organs transplanted in both patients had been incarcerated up until
two weeks prior to a fatal illness from ingesting cocaine and was
announced brain dead the day after he was admitted to the Christus
St. Michael Health System.
Although some maintain it may not be unusual for
an organ donor to have a history of jail time and drug abuse, there
were several other factors that made the donor in this situation
a high risk donor including evidence of bacteria growing in the
donor's sputum and blood and a temperature of 106 degrees prior
to his death indicating a serious infection.
Furthermore, several hospitals had previously
rejected the organs due to the donor's high-risk history and overall
poor donor quality.
Additionally, two more people who received organs from the same
donor have also died.
In order to prevail on this type of lawsuit, the
Plaintiff will need to demonstrate that the Defendants either knew,
or should have known, that there was some potential problem with
the organs. The jury will have to decide whether a duty existed
to obtain this level of specific information from the donor, and
whether additional testing would be necessary in order to ensure
safe organ transplants.
Even before the jury hears from medical experts,
the panel will likely ask themselves why further testing wasn’t
conducted on the organs of someone who was alleged to be incarcerated
and suffering from an infection, caused in part by an ingestion
of cocaine.
Also, the jury is likely to question why other hospitals apparently
rejected these organs, while the Defendant was willing to accept
them.