Did Hospital Kill Teen For His Organs?
Suit By His Parents Claims Harvesting Began Before He Was Dead; Hospital, Transplant Group Deny It
-
-
Michael and Teresa Jacobs on The Early Show Monday (CBS)
-
Gregory Jacobs (CBS)
-
-
Play CBS Video Video Transplant Tragedy? A couple claims a hospital killed their 18-year-old son to harvest his internal organs. Maggie Rodriguez reports.
-
Interactive Organ Transplants Find a donor group in your state and learn more about the history - and amazing future - of organ transplants.
Eighteen-year-old Gregory Jacobs, of Bellevue, Ohio, suffered a "closed head injury" two years ago while snowboarding on a high school-sponsored ski trip in Findley Lake, N.Y.
He was airlifted to Hamot Medical Center in northwestern Pennsylvania, where he died.
The suit, which was filed earlier this month, claims doctors and a representative of The Center Organ Recovery & Education (CORE), a group that helps hospitals procure donated tissue, caused Gregory's death by administering medication and by removing his breathing tube.
Michael and Teresa Jacobs also allege that their son had not been formally declared brain dead when surgeons began the transplant procedure.
Hamot and CORE deny any wrongdoing). Hamot says, "The care that Gregory received throughout his course of treatment at Hamot following the severe head trauma he sustained was timely, appropriate and well-documented. Proper consent was received in order for his organs to be donated and the protocols that were followed were consistent with all established donation procedures. Any claims otherwise are completely baseless. ... We will vigorously defend against any accusations of wrongdoing."
A statement from CORE reads in part, "As in all donation cases, CORE followed all regulated medical protocols in the case of the Gregory Jacobs. The allegations against CORE are baseless and untrue."
On The Early Show Monday, co-anchor Maggie Rodriguez remarked to Michael and Teresa that many people would find it "preposterous" that a hospital would intentionally kill a young man for his organs.
"Well, it's not," Michael said.
Asked why he believes it, Michael replied, "Because they did. I know they did, by the evidence of that my wife has told me."
Teresa says, "The records indicated that they started harvesting procedures including the incision when he was alive. And he was not even pronounced dead until 29 minutes later. That's pretty shocking."
The Jabobs' attorney, Dennis Boyle added, "Our experts are telling us that, had his organs not been taken, he may very well have survived and recovered from this accident."
When Rodriguez noted that, "The hospital will tell you that they did everything on the up-and-up. ... They say Greg met the criteria for death technically."
"That simply is not the case," Boyle responded. "Even the hospital's own records show that he had brain stem function minutes before he was taken to the operating room to have his organs removed. He never met the criteria for brain dead. And, in fact, he never was dead or brain dead. You know, it is shocking, but I saw the hospital statements, and the only thing we can say is we're looking forward to going into court and presenting this evidence."
"To be fair," Rodriguez said, "I should say that the district attorney's investigation concluded that nothing criminal was done. The Center of Organ Recovery insists that they followed all the protocols. There seems to be, from all the investigations, no criminal liability. So why are you so strongly pursuing this?"
"Because," Teresa answered, "I believe that's false."
What does she hope will come of this?
"I would like to see the ones that are responsible for Greg's killing be held responsible," Teresa said.
Michael, who siged the consent form, recalled for Rodriguez that, "They tell you that your son's brain dead and that his organs can be used for children. It's a process that they use to convince you. When you feel there's no hope or you're told that there's just absolutely no hope and that he will be dead in so many hours, you know, I decided to sign the paper for organ donation. I signed that alone. My wife had no part of that."
Asked what message he has for other parents who may find themselves in that siuation, Michael said simply, "Don't do it. No one -- I found this out after OKing that -- no human on Earth has the right to tell someone else they can take somebody's organs. No piece of paper should ever be allowed. If that person isn't a donor, isn't signed up to be a donor, there should be no question about it."
His voice cracking, Michael continued, "It wasn't my right to do that to my son."
"You sound like you're carrying this awful guilt with you," Rodriguez observed.
"I am," Michael said. "Every day."
"I'm so sorry," Rodriguez said.
"So am I," Michael replied.
© MMIX, CBS Interactive Inc. All Rights Reserved.
Michelle Obama tells how her role as the First Lady has changed her perspective.





- 1
- 2
- 3
- 4
... - 7
- next
See all 133 CommentsThe issue should at least be open and clear. It should be called medical murder or opportune disposal and not "the gift of life." This is the main objection I have to organ donation.
I have done a lot of research into organ donation and undergone two lawsuits into a hospital's imprisonment of my son to set him up for harm and then try to get his organst. On the the basis of 6 years of experience with this issue firsthand ( and it is more than most people have on this comment board) I categorically declare that people ARE profiled, targeted, presumed, trapped, harmed and killed for their organs. Do not be a donor. This nonsense about the gift of life is a crime perpetrated against the gullible and those who have some warped religious justification for killing a family member who they subconsciously don't want to look after if he is brain damaged. The hospitals know who you are. They can read it in your behaviour. Every family in a neurology ward is assessed as "easy" or "hard" to convince. Make sure you aren't seen as a pushover, and remember hospital personnel are brainwashed or trained to size people up. Even they don't know what is really going on.
This is exactly the same thing as having a magazine or vacuum salesman at the door . Success depends on how fast you say, "I'm not interested" and slam the door shut. Greg's father unfortunately gave some indication he was a little bit interested. This was his big mistake, and why he won't likely get anywhere with his lawsuit. Organ donation (or legal human disposal) is increasingly seen as a "service" now like abortion. No one brings lawsuits after agreeing to have an abortion.
maybe we should start a club, an us or them, where donors are eligible to recieve organs if need be.
or better still, instead of needing consent to harvest from donor and family members, make people have to "opt out" of donating (and in a just world, opt out of ever recieving as well).
people **** me sometimes.
-disclaimer: written at 0625 while finish a night shift in a big city hospital.
Lastly ? the most common form of donation is tissue donation. Tissue donation is an option for families when their loved one has experienced cardiac death ? meaning the heart has stopped due to a heart attack, cancer, etc. This is the type of death most of us are familiar with, and much more common than dying from a traumatic brain injury, head trauma or anything else that might allow for organ donation. Tissue donation can include corneas, bone tissue, skin tissue, veins and heart valves (though not the entire heart). Upon your death, your family is much more likely to be approached for tissue donation than for organ donation.
The grieving dad said that no person should have the right to give consent for organ donation on behalf of another. Maybe ethically-speaking, he?s right. But legally speaking, as the law stands right now in most states, consent from the patient?s legal next-of-kin is still required in order to proceed with organ or tissue donation, regardless of whether a person has registered as a donor or not. Some states have recently changed their laws, and in these states, if a person has registered as a donor, consent from the next-of-kin (or NOK) is not required, but the families are often still approached and told about their loved one?s wishes, just as a courtesy and so that a medical/social history can be obtained.
If someone doesn?t have their wish to be a donor noted on their license (or documented anywhere else), we can?t assume that this means that they DIDN?T want to be a donor. Ignorance (not knowing whether or not something is true) doesn?t automatically make it untrue. Just because I don?t have a cup of water on my desk right now doesn?t mean I?m not thirsty. Maybe I just haven?t had a moment to get up and go to the water cooler. Maybe the water cooler is empty. At any rate, the fact that I don?t have a drink doesn?t mean I?m not thirsty. And by the same token, the fact that someone hasn?t registered as a donor doesn?t mean they don?t want to be. This highlights the importance of talking with your family about your wishes.
If you don?t wish to be a donor upon your death, make sure your family KNOWS that ? beyond any shadow of a doubt. Likewise, if you do wish to be a donor, make sure that your family knows THAT ? because it will make it infinitely easier for them if they ever find themselves in a tragic situation and are approached about donation on your behalf.
Yes ? his young boy?s death is a tragic, but the even greater tragedy here is how many additional lives will be lost due to the ignorance and misinformation that will be proliferated by this story. Any news organization that airs or publishes this story in such a biased way (without explaining the process of organ donation, but instead sensationalizing one family?s tragedy & grief) should be ashamed of themselves, and I hope they suffer many sleepless nights. They carry on their conscience all the lives that will be lost because people will see/read this story and refuse to be donors or give consent for donation on behalf of a loved one when offered that choice.
This whole thing seems to be a misinterpretation of the medical record by the parents ? or maybe there was a documentation error. If that?s the case, though ? that?s all it was ? a documentation error. Not a conspiracy to commit murder. And there?s also the shady, ambulance-chasing lawyer to consider in all of this ? he?s a deplorable human being, for putting the idea in these parents? heads that their son would be alive and well today, if only they hadn?t given consent for donation. That?s simply not true, and it?s only adding to the parents? already tremendous, unbearable guilt and grief. What an ass that lawyer is. Preying on a grieving family in order to fatten his wallet.
And while I?m on the topic of lawyers ? we all know that doctors take an oath to give their patients the best care possible, and to ?do no harm.? Let me ask you ? do lawyers take the same oath? People are saying that the doctors ?killed? this poor boy for the money. I doubt this lawyer and his firm have taken on this case pro-bono. So you tell me - who?s in it for the money?
Also ? for clarification purposes ? brain death is death. It should not be confused with coma, persistent vegetative state, or traumatic brain injury. There are a great deal of the stories being told about people ?miraculously coming back? from brain death ? but these stories are not about brain death at all ? they are stories of people who have been given one of the diagnoses mentioned above, and against all odds (and maybe even the opinions of some doctors), have made a full recovery, or at least enough of a recovery to lead productive, full, happy lives. While these stories are wonderful, they are, again, NOT about brain death. When someone is brain dead, they are dead. Their lungs keep ?breathing? because a ventilator is breathing for them; they maintain blood pressure because they are given vasopressors.
In lay-terms, the only difference between cardiac death (which everyone is familiar with) and brain death is the order in which it happens. Heart then brain vs. brain then heart.
When someone experiences cardiac death, their heart ceases to beat ? therefore, there is no blood flowing to the brain, and the brain dies. When someone experiences brain death, their brain is deprived of oxygen (usually due to intercranial swelling, as a result of a head injury or certain kinds of strokes) and therefore, the brain ceases to function. When brain stem function stops, the heart will stop beating, and the lungs will stop breathing ? all those involuntary things that keep us alive will just stop happening, because the brain stem isn?t telling them to happen anymore. Because of advances in medicine, brain dead patients are able to be kept ?alive? artificially to allow for the option for organ donation.
Sometimes ? in very rare cases ? there may be the option for DCD, or organ donation after cardiac death. This is where the person is not formally declared brain dead, but the family is given the OPTION to withdraw support and allow the person to die naturally and peacefully. If the family decides to do this, then (and only then), they might be approached for DCD if the patient is a good candidate. If the family says yes to DCD (and again, all of these things are OPTIONAL, and can only happen with the consent of the family), the breathing tube is removed, the person is allowed to pass away, and then certain organs (usually only kidneys and occasionally the liver) are recovered. DCD donors cannot donate their hearts for transplant because by definition, after cardiac death, the heart has ceased to beat.
A lot of people seem to be very misinformed. Doctors & hospitals don?t kill patients for organs. It simply doesn?t happen. And yes, I know ? some people would respond to that by calling me naïve and asking, ?Exactly how do you know it doesn?t happen? Just because you say it doesn?t??? but in all honesty, we shouldn?t be so naïve as to buy into the idea that it DOES happen, just because this family says it did? ultimately, it comes down to the word of an obviously grief-stricken (but misinformed) family & their shady lawyer, versus the word of many doctors, nurses, hospital employees and staff members of CORE, who have medical training and are informed about the donation process.
I happen to work for an OPO, and while I?m not a clinical person and have no medical training (I work in an administrative role), I can say from personal experience that all the people I work with are ethical individuals who believe very passionately in the work they do. Can that passion sometimes be misinterpreted as ?pushiness? or overzealousness? Sure. But believe me when I tell you that this DOES NOT mean that OPO employees don?t care about the dying/dead patient & their family. They have profound compassion for the family, and they fully recognize the depth of the pain that family is feeling ? but at the same time, they are balancing that against their responsibility to try to spare other families that same pain.
I think a little lesson in donation and transplantation might be helpful here.
Just to clarify (because again, it seems like a lot of people are very misinformed), when we?re talking about organ donation, we?re talking about three (yes ? three) COMPLETELY DIFFERENT sets of people. First, there are the ICU doctors and nurses, caring for the patient who is nearing brain death or has already been declared brain dead. The only concern for these doctors and nurses is the care of that patient ? THEIR patient. And they do sometimes get possessive about it (he or she is THEIR patient and they don?t want anyone else touching them or determining the course of their care). But this is how it should be ? because it means they will do everything possible to save that person?s life and protect that person?s family, and they aren?t about to let anyone (least of all someone from an OPO) tell them what to do or how to care for THEIR patient. Some ICU doctors and nurses will literally tell OPO staff to back off and let them do their jobs. Again, as it should be.
The second group of people is the OPO staff members ? people who approach the family for donation when appropriate, and people who arrange for the recovery and placement of the organs if the family says yes. As I mentioned above, these people are often very passionate about their jobs ? they are always balancing the patient?s life against the lives of the potential recipients, and trying to spare the families of those recipients the same pain that the family of the potential donor is going through. This passion is sometimes (often) at odds with what the ICU doctors and nurses are trying to do (save THEIR patient). In the end, though, the ICU docs and nurses will always win ? because it is ultimately their patient, their territory, and their call ? and the OPO staff have to respect that. Otherwise they would never be welcomed back.
Incidentally, all OPO?s are non-profit organizations ? they do NOT profit or benefit from the ?sale? of organs or tissues in any way. Yes ? money changes hands in the process, and OPO?s (like any organization) have to keep the electricity on, purchase supplies, and pay their employees, but at the end of the day, an OPO CANNOT turn a profit. They are federally and locally regulated, and again, they are all NON-PROFIT organizations.
The third and final group of people involved in donation & transplantation are the transplanting surgeons and transplant coordinators ? who transplant the donated organs and care for the recipients. These doctors and coordinators are completely separate from the doctors & nurses in the ICU. Do they get paid? Of course they do. But the transplant surgeons get paid like any other surgeon ? and their pay isn?t related to the number or quality of the organs they transplant. And because the organ procurement process is COMPLETELY SEPARATE from the transplantation process, there is absolutely no incentive (financial or otherwise) for the doctors & nurses in the ICU to kill their patients for their organs.
Your comment is putting far more value in the minute possibly that a physician would have, or better yet could have done something wrong of this magnitude and killed a child for organs. Regardless if there is any credibility to this story, many people wait on long lists for life saving organs, many of which are children. Of those people many will not get the organ they need and will die. This story being aired WILL result in far more deaths by people second guessing and refusing donation than any one physician could cause in a lifetime.
I only hope the public realizes that in this country, the trust of the organ donation community by the public is so vital to its existence, that there is absolutely no way that any organization that seeks to increase organ donation would ever make any move that would place its image at risk. This lawsuit is absolutely about money, they are trying to make a buck on what was a documentation issue that was resolved as evidenced by the fact that all other investigations have proved nothing wrong was done....
I pray this family will see what their lawyer is trying to achieve and let it go and realize that their decision SAVED LIVES. While their lawyer is trying to make a buck....
I think that organ donation is a wonderful thing but now I have to wonder if hospitals are not to eager to start removing organs from patients without giving them a change to survive. Sadly, I know many people removed their donor stickers from their drivers license because of this incidence. I have read comments from this section critizing you airing this report but facts are facts and I think that this probably happens far more often then we think. We rely on doctors and hopitals as experts but they are only practicing medicine and in their eagerness to save a life maybe they are mistakenly taking another.
But those people who argue that they have first-hand experience with the system and know that this could not have happened sound naive. Just because they and their coworkers were ethical does not mean others are. I doubt that it was done for money, but I wouldn't be surprised if doctors who thought this kid's injury would probably result in a horrible life at best decided it would be better for him and for the organ recipients if he was simply allowed to die, even if "allowing him to die" actually required a little help.
- 1
- 2
- 3
- 4
... - 7
- next
See all 133 Comments