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| Giving it up for Science |
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| on Monday, July 21, 2008 - 10:29 AM PST - 239 Reads |
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Next time anyone you know donates their body for science or a healthy body part to be given up to save a life, beware of some of the developing ethical issues concerning these gifts.
There are compaines who pay for body parts. They are the unknown middlemen and I know it sounds like a science fiction movie but it's true and I wonder how many people never know the truth. I take the time to surf sites that require hours but then I find something like this, it makes it all so worth the effort!
| Court:
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California Appellate Districts
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| Topic:
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Education Law, Health Law, Injury And Tort Law
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| Title:
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Cohen v. NuVasive, Inc.
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| Date:
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07/09/08
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| Case Number:
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B194078, B196905
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| Summary:
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In actions claiming negligence, fraud, and intentional infliction of emotional distress arising from defendant's purchase of human remains from bodies of plaintiffs' close family members that had been donated to UCLA for medical research and education, dismissal of the complaints pursuant to demurrers is reversed in part as to the negligence claims where: 1) defendant owed plaintiffs a duty of care based primarily on the foreseeability of their emotional injury; 2) the facts alleged in the complaints were sufficient to establish a duty of care and the sustaining of the demurrers to the negligence counts was error. However, the demurrers were properly sustained as to the other counts.
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The Cohens in their suit state, "They also allege that UCLA represented to the donors that human bodies and body parts could not legally be sold. They allege that UCLA improperly sold bodies and body parts to other defendants and that the other defendants, including NuVasive, knew or reasonably should have known that the donated remains were not intended for sale or for the uses to which the purchasers put the remains. They allege further that the defendants mistreated and commingled the remains. They allege that the defendants used a middleman as part of a fraudulent scheme to avoid detection. fn. 2 The Cohen plaintiffs allege counts against all defendants for negligence, fraudulent concealment, and intentional infliction of emotional distress, {Slip Opn. Page 5} and allege additional counts against Regents of the University of California and Reid. The defendants demurred to the complaint."
There is no such thing as a good science fiction story anymore. It's all real life! Someone should write a novel anyway and call it the The Body Part Broker. Just how much is that good eyeball that you have actually worth - even while you are alive?
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