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Ladybbird · 30-11-23, 04:46

When Does Life End? A Father Didn’t Believe His Daughter Was Dead. The US Hospital Still Harvested Her Organs..$$$

After Brittany O’Connor was declared brain dead, her father clashed with medical authorities. The battle shines a light on Americas’ 'legal' definition of death – and the thousands waiting for organ donation

BBC 30 NOV 2023

Brittany O’Connor with her children. Photograph: Mike O’Connor

Organ procurement and transplant surgery are BIG business for US Hospitals. In 2020, the cost of one heart transplant was more than $1.5m, a liver more than $800,000, a kidney nearly $500,000.

They received in excess of $81m in earnings the year after Brittany’s death.

Mike O’Connor had just been told that his daughter was brain dead.

Brittany had been in the hospital for six days. One end of a thick blue tube was taped to her mouth, the other connected to a respirator, which pushed air into her lungs with a mechanical force that shook her chest up and down.

Each day, he’d come to her bedside to hope and pray she would open her eyes. And that’s where he was, by her bed, when a policeman entered her room at the intensive care unit at Fresno community hospital.

Mike didn’t believe that Brittany was dead. Forcefully, he told the care team that she was alive, that she was fighting, that they just wanted her heart, her lungs, her kidneys for donation. He feared that the hospital would remove her from life support and that Donor Network West would procure her organs.

He thought he was fighting for his daughter’s life.

Mike believed the hospital and the organ procurement organization needed his consent. Yet the hospital had now called a police officer to remove him from Brittany’s bedside, to remove him from the hospital premises.

“She is without a doubt responding to my touch,” Mike told the officer. “They wanted me to pull the plug, but I said no.”

Mike was given three minutes to say goodbye to his daughter.

At the time of her death, Brittany was 26. She was the mother of two children, 10-year-old Lexi and four-year-old Lane. She was bright-eyed, funny, a little rebellious, and close to her sister, Kaylee. She did hair for friends at her home, giving them highlights and colors. But she also struggled with addiction for nearly a decade, getting clean at times and then falling back into use.

In the early morning hours of 17 November 2017, she was taken by ambulance to Fresno community hospital with hypoxia from an “unknown duration” of asphyxiation.

Her live-in boyfriend reported that he had found her after an apparent suicide attempt. He called 911 as a neighbor gave Brittany CPR.

Mike wanted the officer – who, as he saw it, was charged to do what was right – to force the hospital’s staff to hear his pleas.

“Brain dead patients cannot respond to touch, and she clearly is… right?” Mike desperately said, touching Brittany’s warm body. Brain dead patients cannot respond to external stimuli. “That doctor came in and started talking to me about body parts and donating them.”

The police officer told Mike that he was a father too. “I don’t want to take you to jail,” he said. “That’s the last thing I want to do.”

“I’m afraid they’re going to kill her,” Mike told him. “Them pulling the plug on her now would be murder. And now I am worried about her safety.”

After three minutes, the officer escorted him out of the hospital.

Once home, Mike posted a message on Facebook asking his friends to call the hospital: “TELL THEM NOT TO PULL HER PLUG.”

When he called the next day, he says, they refused to tell him where Brittany was.

Throughout the day, Mike posted a series of Facebook messages displaying escalating anxiety: the hospital was denying him information and access to his daughter, and then trying to kill her. Finally, he wrote: “THEY WANT HER ORGANS!”

What Mike did not know is that, while he was begging friends to call the hospital and updating family about her health, doctors were already removing Brittany’s heart, kidneys, liver, and lungs. The next day, her tissue was collected for donation.

No one from the hospital called Mike. He says he did not receive confirmation that Brittany was dead until three days later, when the coroner called to ask what Mike wanted to do with her remains.

How we die is a deeply misunderstood process. Dying is not a momentary last breath after a serious illness or a tragic accident, but often the shutting down of a series of bodily systems, primarily the heart and lungs (circulation) and the brain (neurological function).

This has always been so, but in the 1960s medical advancements began to isolate and address circulation. These advancements include respirators that can mechanically force lungs to function, and defibrillators that can sometimes restart the heart. But there is still no way to resuscitate a human brain after its cells have ceased to function.

It was in 1967, when the first heart transplant was performed in South Africa, that the world of medicine realized the use of a dead person’s organs to save the life of another. Patients without brain function, but whose heart and lungs were mechanically revived, were ideal organ donors; their organs were healthy because circulation (artificial or not) had maintained them.

The next year, a multidisciplinary team at Harvard Medical School convened to examine what it meant for a person to have heart and lung function, but not brain function. Their objective was twofold: to establish uniform criteria to determine when a brain had ceased to function; and to provide the burgeoning organ transplantation practice with a clear source of healthy organs.

Haider Warraich, a physician and professor at Harvard Medical School, wrote in his book Modern Death: “The Harvard committee spoke as much to the legal community as it did to the medical, keenly aware of just how far behind the courts had been left by advances in medical resuscitative science.”

Over the next decade, various US states had established their own legal and medical brain death precedents, often as the result of lawsuits. But from one state to another, the definition of death was not uniform, rendering it different in Wyoming, say, than it was in Kansas.

It wasn’t until 1980, when President Jimmy Carter convened a taskforce that included theologians as well as doctors, historians, neurosurgeons and other experts, that a nationwide definition of death was established.

The Uniform Determination of Death Act (UDDA) offered two statutory definitions for when an individual is legally declared dead. There were now two ways to die: based on circulatory criteria (heart and lungs) and neurologic criteria (the brain).

In the latter, patients can not respond to external stimuli, like touch, but latent nervous system activity can be deceptive. Mike, for example, mistakenly thought that Brittany was responding to his touch. The body is warm, the patient breathing because circulation is often continued with medical assistance.

The UDDA was effectively adopted by all 50 states. Ultimately only one, New Jersey, offers a religious exemption, and three others – New York, California, and Illinois – allow “reasonable accommodations” to families who require additional support in coping with the diagnosis.

It was apparent to the UDDA authors that clear guidelines were imperative to the public’s comfort with organ donation; the act allowed the creation of today’s organ procurement and transplantation system.

More than 40,000 lives a year are saved by organ donation. It is a revolutionary technology that has changed the medical system for the absolute good. It is also directly tied to the development of brain death criteria because, like Brittany, a vast majority of donors – more than 65% – are declared dead by neurological criteria, or brain death, before their organs are procured.

“If anything, it is a relief not only for physicians but for families [of organ donors] when patients do meet the criteria for brain death,” Warraich wrote. Surveys show that these family members who choose donation find solace in their grief, knowing that their tragedy has extended the life of someone in need.

But for some who are mistrustful of or feel manipulated, bullied, or disrespected by the medical institution they are at the mercy of, their loved one looks deceptively alive.

After Brittany’s death, things fell apart for Mike. Over the next two years, his life shut down: he gained 150lb and his alcoholism came rushing back. He was unemployed. Then his mother died. At one point he found himself homeless, living in his truck with his dog.

A family connection brought Mike to an experienced trial lawyer named Thornton Davidson. In 2018, they filed a lawsuit against Fresno community hospital and Donor Network West. It claimed that the hospital and organ procurement organization (OPO), “without proper and effective legal authorization”, had “performed or assisted in harvesting organs and body parts from [Brittany]’s dead body, and in doing so mutilated, desecrated, violated and outraged [Brittany]’s human remains”.

The lawsuit claimed that the hospital and OPO had frozen Mike out of the decision-making process for Brittany’s care, instead favoring Mike’s ex-wife, Shawna, Brittany’s mother. Mike said they did this as soon as they learned that he did not want her organs to be donated and that he believed she may still be alive.

(Counsel for both organizations declined to comment for this article.)

Brittany was an unmarried adult without adult children. The suit claimed that both organizations had colluded to violate the California Uniform Anatomical Gift Act by conspiring to obtain consent from only one parent instead of the legally required two, and that they made no “reasonable effort” to contact Mike for his consent.

The lawsuit said the hospital and OPO were responsible for the intentional infliction of emotional distress on Mike.

In July 2019 the defendants, Fresno community hospital and Donor Network West, asked the court of Judge Rosemary McGuire to dismiss the intentional infliction of emotional distress clause from the suit. The court agreed.

To Mike and his lawyer, the court had made a mistake; Mike was “committed to proving that the hospital and donor network had intentionally caused him harm – not just that they had done so by accident”, according to Davidson. They took their claim to the fifth district court of appeals.

On 31 January 2022, the court decided Mike’s case could proceed.

“We conclude that O’Connor’s broader conception of extreme and outrageous conduct is correct,” the opinion said, “and that his allegations of defendants’ intentional conduct directed at him, and reckless conduct in his presence, are sufficient to state a cause of action for intentional infliction of emotional distress.”

For Mike and Davidson, the case doesn’t rest on how Mike behaved while Brittany lay dying, nor is it about whether Brittany was dead or alive when Mike was escorted from her hospital room.

Instead, they say their suit exists to bring attention to how the altruism surrounding organ procurement too often allows hospitals and OPOs to flout the law.

In March, the US government announced that it planned to break up the United Network for Organ Sharing (UNOS), the congressionally created non-profit that has administered organ procurement in the US since 1984.

For years, patient advocates have railed against OPO behavior and operation, citing UNOS’s failure to meet the nation’s needs.

The organization holds a $6.5bn annual federal contract – funds that largely come from fees patients pay to be added to the organ recipient waiting list. (About 20% of the total cost of transplant surgery is required for waiting list registration.)

DEATH by Scapel...For $$$$

American Hospitals are paid for the organ procurement organizations’ use of their operating rooms and surgical resources.

Donor Network West – which is overseen by UNOS – received in excess of $81m in earnings the year after Brittany’s death.

NB; MORE US GREED & Corruption...How on earth can they remove her organs W.O. LEGAL PERMISSION??

In most other countries people register if they want to DONATE their organs or other parts after death, if they dont then the decision passes to NEXT of KIN...That is a LEGAL DECREE...

As usual the US is an UN-law onto itself .. all for $$$$

30-11-23, 04:46	#1
Ladybbird Join Date: Feb 2011 Posts: 47,648 Thanks: 27,646 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	Father Believed His Daughter Wasn’t Dead -US Hospital STILL Harvested Her Organs-$$$ When Does Life End? A Father Didn’t Believe His Daughter Was Dead. The US Hospital Still Harvested Her Organs..$$$ After Brittany O’Connor was declared brain dead, her father clashed with medical authorities. The battle shines a light on Americas’ 'legal' definition of death – and the thousands waiting for organ donation BBC 30 NOV 2023 Brittany O’Connor with her children. Photograph: Mike O’Connor Organ procurement and transplant surgery are BIG business for US Hospitals. In 2020, the cost of one heart transplant was more than $1.5m, a liver more than $800,000, a kidney nearly $500,000. *They received in excess of $81m in earnings the year after Brittany’s death.* Mike O’Connor had just been told that his daughter was brain dead. Brittany had been in the hospital for six days. One end of a thick blue tube was taped to her mouth, the other connected to a respirator, which pushed air into her lungs with a mechanical force that shook her chest up and down. Each day, he’d come to her bedside to hope and pray she would open her eyes. And that’s where he was, by her bed, when a policeman entered her room at the intensive care unit at Fresno community hospital. Mike didn’t believe that Brittany was dead. Forcefully, he told the care team that she was alive, that she was fighting, that they just wanted her heart, her lungs, her kidneys for donation. He feared that the hospital would remove her from life support and that Donor Network West would procure her organs. He thought he was fighting for his daughter’s life. Mike believed the hospital and the organ procurement organization needed his consent. Yet the hospital had now called a police officer to remove him from Brittany’s bedside, to remove him from the hospital premises. “She is without a doubt responding to my touch,” Mike told the officer. “They wanted me to pull the plug, but I said no.” Mike was given three minutes to say goodbye to his daughter. At the time of her death, Brittany was 26. She was the mother of two children, 10-year-old Lexi and four-year-old Lane. She was bright-eyed, funny, a little rebellious, and close to her sister, Kaylee. She did hair for friends at her home, giving them highlights and colors. But she also struggled with addiction for nearly a decade, getting clean at times and then falling back into use. In the early morning hours of 17 November 2017, she was taken by ambulance to Fresno community hospital with hypoxia from an “unknown duration” of asphyxiation. Her live-in boyfriend reported that he had found her after an apparent suicide attempt. He called 911 as a neighbor gave Brittany CPR. Mike wanted the officer – who, as he saw it, was charged to do what was right – to force the hospital’s staff to hear his pleas. “Brain dead patients cannot respond to touch, and she clearly is… right?” Mike desperately said, touching Brittany’s warm body. Brain dead patients cannot respond to external stimuli. “That doctor came in and started talking to me about body parts and donating them.” The police officer told Mike that he was a father too. “I don’t want to take you to jail,” he said. “That’s the last thing I want to do.” *“I’m afraid they’re going to kill her,” Mike told him. “Them pulling the plug on her now would be murder. And now I am worried about her safety.”* After three minutes, the officer escorted him out of the hospital. Once home, Mike posted a message on Facebook asking his friends to call the hospital: “TELL THEM NOT TO PULL HER PLUG.” *When he called the next day, he says, they refused to tell him where Brittany was.* Throughout the day, Mike posted a series of Facebook messages displaying escalating anxiety: the hospital was denying him information and access to his daughter, and then trying to kill her. Finally, he wrote: “THEY WANT HER ORGANS!” What Mike did not know is that, while he was begging friends to call the hospital and updating family about her health, doctors were already removing Brittany’s heart, kidneys, liver, and lungs. The next day, her tissue was collected for donation. No one from the hospital called Mike. He says he did not receive confirmation that Brittany was dead until three days later, when the coroner called to ask what Mike wanted to do with her remains. How we die is a deeply misunderstood process. Dying is not a momentary last breath after a serious illness or a tragic accident, but often the shutting down of a series of bodily systems, primarily the heart and lungs (circulation) and the brain (neurological function). This has always been so, but in the 1960s medical advancements began to isolate and address circulation. These advancements include respirators that can mechanically force lungs to function, and defibrillators that can sometimes restart the heart. But there is still no way to resuscitate a human brain after its cells have ceased to function. It was in 1967, when the first heart transplant was performed in South Africa, that the world of medicine realized the use of a dead person’s organs to save the life of another. Patients without brain function, but whose heart and lungs were mechanically revived, were ideal organ donors; their organs were healthy because circulation (artificial or not) had maintained them. The next year, a multidisciplinary team at Harvard Medical School convened to examine what it meant for a person to have heart and lung function, but not brain function. Their objective was twofold: to establish uniform criteria to determine when a brain had ceased to function; and to provide the burgeoning organ transplantation practice with a clear source of healthy organs. Haider Warraich, a physician and professor at Harvard Medical School, wrote in his book Modern Death: “The Harvard committee spoke as much to the legal community as it did to the medical, keenly aware of just how far behind the courts had been left by advances in medical resuscitative science.” Over the next decade, various US states had established their own legal and medical brain death precedents, often as the result of lawsuits. But from one state to another, the definition of death was not uniform, rendering it different in Wyoming, say, than it was in Kansas. It wasn’t until 1980, when President Jimmy Carter convened a taskforce that included theologians as well as doctors, historians, neurosurgeons and other experts, that a nationwide definition of death was established. The Uniform Determination of Death Act (UDDA) offered two statutory definitions for when an individual is legally declared dead. There were now two ways to die: based on circulatory criteria (heart and lungs) and neurologic criteria (the brain). In the latter, patients can not respond to external stimuli, like touch, but latent nervous system activity can be deceptive. Mike, for example, mistakenly thought that Brittany was responding to his touch. The body is warm, the patient breathing because circulation is often continued with medical assistance. The UDDA was effectively adopted by all 50 states. Ultimately only one, New Jersey, offers a religious exemption, and three others – New York, California, and Illinois – allow “reasonable accommodations” to families who require additional support in coping with the diagnosis. It was apparent to the UDDA authors that clear guidelines were imperative to the public’s comfort with organ donation; the act allowed the creation of today’s organ procurement and transplantation system. More than 40,000 lives a year are saved by organ donation. It is a revolutionary technology that has changed the medical system for the absolute good. It is also directly tied to the development of brain death criteria because, like Brittany, a vast majority of donors – more than 65% – are declared dead by neurological criteria, or brain death, before their organs are procured. “If anything, it is a relief not only for physicians but for families [of organ donors] when patients do meet the criteria for brain death,” Warraich wrote. Surveys show that these family members who choose donation find solace in their grief, knowing that their tragedy has extended the life of someone in need. But for some who are mistrustful of or feel manipulated, bullied, or disrespected by the medical institution they are at the mercy of, their loved one looks deceptively alive. After Brittany’s death, things fell apart for Mike. Over the next two years, his life shut down: he gained 150lb and his alcoholism came rushing back. He was unemployed. Then his mother died. At one point he found himself homeless, living in his truck with his dog. A family connection brought Mike to an experienced trial lawyer named Thornton Davidson. In 2018, they filed a lawsuit against Fresno community hospital and Donor Network West. It claimed that the hospital and organ procurement organization (OPO), “without proper and effective legal authorization”, had “performed or assisted in harvesting organs and body parts from [Brittany]’s dead body, and in doing so mutilated, desecrated, violated and outraged [Brittany]’s human remains”. The lawsuit claimed that the hospital and OPO had frozen Mike out of the decision-making process for Brittany’s care, instead favoring Mike’s ex-wife, Shawna, Brittany’s mother. Mike said they did this as soon as they learned that he did not want her organs to be donated and that he believed she may still be alive. (Counsel for both organizations declined to comment for this article.) Brittany was an unmarried adult without adult children. The suit claimed that both organizations had colluded to violate the California Uniform Anatomical Gift Act by conspiring to obtain consent from only one parent instead of the legally required two, and that they made no “reasonable effort” to contact Mike for his consent. The lawsuit said the hospital and OPO were responsible for the intentional infliction of emotional distress on Mike. In July 2019 the defendants, Fresno community hospital and Donor Network West, asked the court of Judge Rosemary McGuire to dismiss the intentional infliction of emotional distress clause from the suit. The court agreed. To Mike and his lawyer, the court had made a mistake; Mike was “committed to proving that the hospital and donor network had intentionally caused him harm – not just that they had done so by accident”, according to Davidson. They took their claim to the fifth district court of appeals. On 31 January 2022, the court decided Mike’s case could proceed. “We conclude that O’Connor’s broader conception of extreme and outrageous conduct is correct,” the opinion said, “and that his allegations of defendants’ intentional conduct directed at him, and reckless conduct in his presence, are sufficient to state a cause of action for intentional infliction of emotional distress.” For Mike and Davidson, the case doesn’t rest on how Mike behaved while Brittany lay dying, nor is it about whether Brittany was dead or alive when Mike was escorted from her hospital room. Instead, they say their suit exists to bring attention to how the altruism surrounding organ procurement too often allows hospitals and OPOs to flout the law. In March, the US government announced that it planned to break up the United Network for Organ Sharing (UNOS), the congressionally created non-profit that has administered organ procurement in the US since 1984. For years, patient advocates have railed against OPO behavior and operation, citing UNOS’s failure to meet the nation’s needs. The organization holds a $6.5bn annual federal contract – funds that largely come from fees patients pay to be added to the organ recipient waiting list. (About 20% of the total cost of transplant surgery is required for waiting list registration.) DEATH by Scapel...For $$$$ American Hospitals are paid for the organ procurement organizations’ use of their operating rooms and surgical resources. *Donor Network West – which is overseen by UNOS – received in excess of $81m in earnings the year after Brittany’s death.* NB; MORE US GREED & Corruption...How on earth can they remove her organs W.O. LEGAL PERMISSION?? In most other countries people register if they want to DONATE their organs or other parts after death, if they dont then the decision passes to NEXT of KIN...That is a LEGAL DECREE... As usual the US is an UN-law onto itself .. all for $$$$

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