Monday, April 19, 2010

Organ Commerce

Abel had heart disease.  Without a transplant he would not survive to guide his children into adulthood. He contracted with his friend Baker.

If Baker were to traumatically die, surgeons would transplant Baker's healthy heart into Abel.  In return for the heart Abel promised to provide for the well-being of Mrs. Baker and the rearing to adulthood of the Baker couple's minor children.

When Baker died tragically, Mrs Baker directed surgeons to give her late husband's healthy heart to Abel.  Abel proceeded to fulfill the contract, providing for the well-being of Mrs. Baker and the couple's minor children.

Carlisle filed a class action suit against Abel, Mrs. Baker, and Baker estate asking for relief from damage. Carlisle contended that the Abel/Baker contract excluded both him and all those on transplant waiting lists from proper consideration for disbursement of the healthy heart.

Does Baker own his heart ?  
When the heart was removed, did the heart cease to belong to Baker ?
Did denying Carlisle the opportunity to bid on the heart constitute denial of right ?
Does Mrs. Baker own Baker's corpse ?
Did Abel/Baker/Mrs. Baker at any time engage in organ commerce ?
What damages, if any, did Carlisle suffer ?

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