17 Cases in Which Brain Tissue Was Taken Without Consent

In James Allen v. SMRI, et al., Cumberland, CV-05-151, Carol Allen died on August 2, 2001. Plaintiff alleges that Mr. Cyr spoke to the plaintiff the next day to ask for his consent to remove brain tissue. The plaintiff alleges he agreed to donate of a small sample of brain tissue but the entire brain and other organs were removed. In David Bourgoin, et al., v. SMRI, et al., Kennebec, CV-05-121, the plaintiffs' son, Michael Bourgoin died on February 29, 2000. The plaintiffs allege that they gave consent to someone from the New England Organ Bank to harvest tissues, but they never spoke with Mr. Cyr about donating the decedent's brain tissue. In Paul Bradeen, et al., v. SMRI, et al., Piscataquis, CV-05-014, the plaintiffs' son, Peter Bradeen, died on June 16, 2001. The plaintiffs allege that an unidentified man who said he was from the Medical Examiner's Office called that day and requested a donation of a small sample of the decedent's brain tissue. They allege that the entire brain was sent to SMRI without authorization. In Alice Geary v. SMRI, et al., Waldo, CV-05-003, the plaintiff's husband, Raymond Geary, died on April 27, 2000. The plaintiff claims that Dr. Ferenc, a medical examiner, removed her husband's brain during an autopsy and delivered the brain to the defendants. She alleges that Mr. Cyr falsely told the Medical Examiner's Office that the plaintiff had consented to the donation of the brain. In Raymond Geary, et al., v. SMRI, et al., Hancock, CV-05-036, the plaintiffs are children of the deceased, Raymond Geary. They allege that their discovery of the alleged negligence and wrongful acts of the defendants caused the plaintiffs emotional distress. In Danielle Grant v. SMRI, et al., Cumberland, CV-05-252, Cynthia Grant died on August 15, 2000. The plaintiff alleges that she received a phone call from someone purportedly from the Medical Examiner's Office requesting tissue sample donations. The plaintiff alleges that the entire brain was removed and sent to SMRI without authorization. In Kathryn Howes v. SMRI, et al., Penobscot, CV-05-083, the plaintiff's husband, Ronald Howes, died on August 22, 2000. Plaintiff alleges that Mr. Cyr called her and asked for her consent to donate brain tissue. The plaintiff alleges that she consented to removal of a portion of the brain, but not the entire organ, which was later removed and sent to SMRI on August 23, 2000. In Francis M. Kelley, et al., v. SMRI, et al., Cumberland, CV-05-332, Candace Kelley died on August 27, 2000. The plaintiffs allege that Mr. Cyr contacted them the next day about donating brain tissue. The plaintiffs allege that the decedent's entire brain was sent to SMRI without authorization. In Kathleen King v. SMRI, et al., Penobscot, CV-05-082, Harry Carrow died on March 13, 2003. The plaintiff alleges that she consented to the removal of a piece only of the decedent's brain, but that the entire brain was removed and sent to SMRI without authorization. In William Leblanc, et al. v. SMRI, et al., Somerset, CV-05-034, the plaintiffs' father, Martin Leblanc, died on August 20, 2000. The plaintiffs allege that a consent form dated August 21, 2000, signed by Mr. Cyr "of the Stanley Foundation," authorized removal of brain tissue. The plaintiffs allege that an autopsy was conducted on August 22, 2000 and Mr. Cyr received the brain on September 20, 2000. In Joseph Marceau, et al., v. SMRI, et al., York, CV-05-195, the plaintiffs' son and brother, Earnest Marceau, died on October 20, 1999. The plaintiffs allege that they never spoke to Mr. Cyr and never consented to donating the decedent's brain, which was sent to SMRI. The Chief Medical Examiner for Maine is a defendant in this case. The plaintiffs allege that the Medical Examiner's Office sent the decedent's brain to SMRI without consent. In Anne M. Mozingo v. SMRI, et al., York, CV-05-186, the plaintiffs husband, William Mozingo, died on April 25, 2000. The plaintiff alleges that Mr. Cyr called her the next day to discuss donating sample tissues from the body. The plaintiff alleges that the defendants breached various duties in dealing with her and her husband's body. In Diane Nichols v. SMRI, et al., Cumberland, CV-05-540, the plaintiff's son, Gregory Nichols, died on August 16, 2000. The plaintiff alleges that an unidentified man who said he was from the Medical Examiner's Office called her the next day requesting her consent to an autopsy. The plaintiff alleges that there was no discussion of organ or tissue donation, but the decedent's entire brain was sent to SMRI without authorization.