Colavito v. New York Organ Donor Network
Robert sued the Organ Donor Network, its officials, the New York Hospital, and the doctors who allegedly implanted the second kidney into someone else for fraud and conversion. The fraud claims have been dismissed, but what's interesting is the conversion claims (claims that someone exerted unauthorized use or control of someone else's property).
The district court dismissed the entire case, holding that NY public policy prohibits a cause of action for conversion because policy does not allow for a property interest in human corpses.
The Second Circuit, in fairly extensive 2-1 decision, has essentially held that it is not in the position to decide whether New York Law will recognize that Robert Colavito had a property interest in the kidney. It has, thus, certified the question to the New York Court of Appeals. Assuming the Court of Appeals takes the case (it usually does on certified questions) it will have to decide whether New York's Public Health Law "vests the intended recipient of a directed organ donation with rights that can be vindicated in a private party's lawsuit."
The decision reveals two interesting facts about the case. First, the litigation revealed that the kidney that Robert did not get turned out to be unusable (it was not implanted in someone else). Second, the donor's family is also suing for fraud, battery, and conversion in the New York State Courts.
- Alicia Ouellette