Perry v. Saint Francis Hospital & Medical Center, Inc.

Rule of Law:

Under the Uniform Anatomical Gift Act, a hospital is not entitled to 'good faith' immunity if its agent knowingly or recklessly misleads family members about surgical procedures to obtain consent for tissue donation. Additionally, while the mutilation of a corpse can support a tort claim for intentional infliction of emotional distress (outrage), it cannot support a breach of contract claim because there is no commercial property right in a dead body.

Facts:

• Kenneth Perry died of a heart attack at St. Francis Hospital, where his grieving family was approached by Nurse McDonald regarding tissue donation.
• The family initially refused donation, fearing disfigurement, but Nurse McDonald assured them that corneas could be 'peeled off' and bone marrow aspirated without removing the eyes or major bones.
• Based on these specific assurances, the family agreed to donate only corneas and bone marrow.
• Nurse McDonald completed a consent form by marking 'yes' for 'eyes' and 'bone,' assuring the family that the surgical team would understand the limited nature of the donation.
• Contrary to her representations, Nurse McDonald allegedly knew from prior training that the actual procedures required removing the entire eye and whole bones.
• Relying on the signed form, the retrieval team removed Kenneth's entire eyes and major bones from his arms and legs, replacing the bones with wooden dowels.
• The family remained unaware of the extent of the harvesting until a funeral home employee requested heavy clothing to cover the deceased's missing bones.

Procedural Posture:

• The plaintiffs (Perry family) filed a lawsuit against St. Francis Hospital and the American Red Cross in the U.S. District Court for the District of Kansas.
• The plaintiffs dismissed their claims against the American Red Cross.
• The court previously issued an order limiting the scope of the plaintiffs' claims.
• Defendant St. Francis Hospital filed a motion for summary judgment seeking to dismiss the remaining claims of outrage, breach of contract, and negligence.