Posted On: October 11, 2010 by Ronald V. Miller, Jr.

Retained Brain and Accident Death Lawsuit

A New York appellate court ruled that the New York City Medical Examiner's Office's failure to inform parents that they had removed and kept their 17 year-old son's brain created a cause of action against the ME.

I don't know how I feel about this case. On some level, when you lose a 17 year-old son, you are always right. About everything. It is so awful you sort of want to spin everything in the parent's favor. On the other hand, the brain was returned (as strange as that sentence sounds). It seems like a great deal of litigation over an issue that is incredibly tangential to the core issue: the tragic death of a young man in a car accident. The boy's sister also has a separate lawsuit pending for her emotional injuries because she was in the zone of danger.

You can read the full story and draw your own conclusions here.