Networked Knowledge – Media Report

[This edited version of the report has been prepared by Dr Robert N Moles]

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On 4 March 2003 Simonne Reid of The Advertiser reported “Parents sue over removed baby organs”
She said the parents of a 7 and 1/2-week-old girl whose heart and brain were retained by staff at the Women's and Children's Hospital have begun legal action on their own behalf and that of other parents whose children's organs were removed. David and Robyn Sawford's daughter, Taryn Lee, was born with a heart and bowel defect and died on November 25, 1980. Mr and Mrs Sawford were told by the State Government in October, 2001, that her heart had been kept by the hospital for research and her brain had been "surgically disposed off".  

Documents lodged with the District Court show the organs were retained despite Mrs Sawford's request that Taryn's body parts be returned – after her autopsy – because she wanted her "whole daughter".  "She was assured by staff her request would be respected," it says in their statement of claim.  "The plaintiffs as representative parties sue for themselves and as representing all other persons who are the parents or close relatives of children who died at the defendant's hospital and who have suffered `nervous shock' as a result of recently learning that the defendant's staff removed tissues and/or organs from the deceased children without the knowledge or consent of the represented persons," it says in their statement of claim.

Mr Sawford, 44, and Mrs Sawford, 46, of Largs North, suffer from post-traumatic stress and have been advised to undergo counselling. Mr Sawford also has difficulty concentrating and is overly alert and hyper-vigilant. Mrs Sawford has trouble sleeping and her "ability to function in all areas of life has been significantly prejudiced", it says in the claim. They are seeking an undisclosed sum.

Their lawyer, Peter Humphries, said the class action would represent any parent or spouse of a deceased person whose organs or tissues were retained by the hospital.

Mr Humphries said about 25 people had contacted law firm Duncan Basheer Hannon seeking compensation for personal injury of a psychiatric nature. Taryn was born at the Lyell McEwin Hospital on October 2, 1980. She was transferred to the Women's and Children's Hospital for treatment for the heart and bowel defects. She died soon after from a congenital heart malformation and necrotising entercolitis.

The hospital is yet to file a defence in the case.

Source: 4 March 2003 Simonne Reid The Advertiser “Parents sue over removed baby organs”

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