“This is nothing short of grave robbery, dressed in the guise of medical authority, and it strikes at the heart of public trust in our institutions,” Faraino said.
An Alabama judge has ruled in favor of a family who claims that a Birmingham hospital harvested their relative’s organs without permission.
According to AL.com, the lawsuit was filed on behalf of the family of Matthew Harrell, a federal prisoner detained at a federal prison in Talladega. In 2023, while playing basketball, Harrell unexpectedly passed away. His immediate relatives, who live in Florida, were notified of his death on March 21 of the same year and told that Harrell’s body was being sent to the University of Alabama at Birmingham, where it would undergo an autopsy.
“We are here today because [the University of Alabama at Birmingham] violated the sacred trust placed in them to perform a solemn service,” attorney Lauren Faraino wrote in court documents. “They robbed bodies entrusted to them of organs that were not theirs to take, disregarding the rights and dignity of the deceased and their grieving, vulnerable loved ones.”
“This is nothing short of grave robbery, dressed in the guise of medical authority, and it strikes at the heart of public trust in our institutions,” Faraino said.
AL.com notes that, after learning of Harrell’s death, his family contacted the university several times to obtain a copy of the autopsy report. They then contacted Faraino, who has worked on other lawsuits involving alleged organ theft by the University of Alabama.
Faraino, writes AL.com, observed that Harrell’s autopsy report stated that several of his organs had been retained by the university.
However, the university allegedly never sought or obtained permission from Harrell’s family—and has yet to disclose which organs were retained and for what purpose.
Attorneys for the University of Alabama have since asked that the case be dismissed, arguing that federal regulations and legal precedent indicate that wardens have the authority to sign off on autopsies.
Jay Ezelle, representing the school, said that there’s “absolutely no basis to suggest” that the University of Alabama erred in responding to an autopsy request approved by a federal prison warden rather than Harrell’s family members.
“I think this case is a simple one,” Ezelle said.
Faraino, meanwhile, told the court that—even if wardens can order autopsies—there was no compelling reason for the school to have retained Harrell’s whole organs.
Faraino also claimed that the University of Alabama told “an outright lie” when it said that had simply kept the organs for testing purposes. As evidence, she cited concerns voiced by medical students in 2018, who objected to the use of inmates’ bodies as educational aides.
In her ruling, Jefferson County Circuit Judge Pat Ballard denied the university’s motion to dismiss.
“This is how we develop the law,” Ballard said, adding that she fully expects the case to be appealed to the state Supreme Court.
Sources
Judge allows lawsuit against UAB over alleged misuse of inmates’ organs to proceed
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