[From article]
Medical examiners don't have to return to families all organs from autopsied bodies or even tell them parts are missing, the state's highest court ruled Wednesday.
The case involves a New York City couple who buried their 17-year-old son after a 2005 car crash, not knowing his brain had been removed. Two months after the funeral, Jesse Shipley's high school class saw his brain in a labeled jar during a morgue field trip.
The Shipleys got it back and had a second funeral. A jury awarded them $1 million for emotional distress. A midlevel court upheld the city's liability in 2010 but reduced the award to $600,000.
The Court of Appeals, divided 5-2, reversed that decision Wednesday, dismissing the family's claim and concluding that state law and burial rights don't require returning parts that can be legally removed during an autopsy.
The case involves a New York City couple who buried their 17-year-old son after a 2005 car crash, not knowing his brain had been removed. Two months after the funeral, Jesse Shipley's high school class saw his brain in a labeled jar during a morgue field trip.
The Shipleys got it back and had a second funeral. A jury awarded them $1 million for emotional distress. A midlevel court upheld the city's liability in 2010 but reduced the award to $600,000.
The Court of Appeals, divided 5-2, reversed that decision Wednesday, dismissing the family's claim and concluding that state law and burial rights don't require returning parts that can be legally removed during an autopsy.
http://hosted.ap.org/dynamic/stories/U/US_TEEN_MISSING_BRAIN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-06-10-11-05-23
Jun 10, 3:22 PM EDT
NY COURT: MEDICAL EXAMINERS DON'T HAVE TO RETURN ALL ORGANS
BY MICHAEL VIRTANEN
ASSOCIATED PRESS
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