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lawsuit filed against UAB for alleged organ theft, sanctioned by an Alabama judge

A court decision in Alabama supports a family's argument that a hospital in Birmingham illegally removed their relative's organs without given consent.

Judge in Alabama Grants Legal Action for Organ Theft Allegations Against UAB
Judge in Alabama Grants Legal Action for Organ Theft Allegations Against UAB

lawsuit filed against UAB for alleged organ theft, sanctioned by an Alabama judge

The University of Alabama is currently embroiled in a controversial scandal, with allegations that the university took and retained organs from deceased prisoners without the consent of their next-of-kin[1][2][3]. This situation has sparked federal lawsuits and judicial scrutiny, extending to the federal prison system in 2025.

At the heart of the controversy is the case of Matthew Harrell, a federal prisoner who unexpectedly passed away in 2023 while playing basketball[4]. His immediate relatives, who live in Florida, were notified of his death on March 21, 2023, and told that Harrell's body was being sent to the University of Alabama at Birmingham for an autopsy[5].

However, after learning of Harrell's death, his family contacted the university several times to obtain a copy of the autopsy report. Attorney Lauren Faraino, who is representing the Harrell family, claimed that the university told "an outright lie" when it said it kept Harrell's organs for testing purposes[6]. According to Faraino, the autopsy report stated that several of Harrell's organs had been retained by the university[7].

Faraino has worked on other lawsuits involving alleged organ theft by the University of Alabama and argued in court that even if wardens can order autopsies, there was no compelling reason for the university to have retained Harrell's whole organs[8]. In her ruling, Jefferson County Circuit Judge Pat Ballard denied the university's motion to dismiss the case, stating that this is how laws are developed[9].

Jay Ezelle, representing the University of Alabama, stated that there's "absolutely no basis" to suggest they erred in responding to an autopsy request approved by a federal prison warden rather than Harrell's family members[10]. The university's attorneys have asked that the case be dismissed, arguing that federal regulations and legal precedent indicate that wardens have the authority to sign off on autopsies.

The case is significant in that it has extended to the federal prison system and has prompted lawsuits alleging unauthorized organ removal and retention[1][2]. Courts are now examining whether state or institutional protocols were violated by these alleged actions. These cases may set precedent on the necessity of informed consent and proper authorization in such contexts.

The scandal has raised serious legal questions about violations of consent rights in autopsy and organ retrieval policies, potentially influencing future federal and state regulations to strengthen oversight and protect prisoners’ postmortem rights[1][2][3]. Judge Ballard emphasized that this is how laws are developed, and she expects the case to be appealed to the state Supreme Court.

References:

  1. Alabama Prisoner's Family Sues University of Alabama for Alleged Organ Theft
  2. Federal Prison System Involved in Alabama Organ Harvesting Scandal
  3. University of Alabama Faces Lawsuit over Alleged Organ Harvesting Scandal
  4. Federal Prisoner Dies Suddenly, Family Questions University's Actions
  5. Family Seeks Answers After Loved One's Body Sent to University of Alabama for Autopsy
  6. Attorney: University Lied About Harrell's Organs
  7. Autopsy Report Reveals University Retained Harrell's Organs
  8. Lawyer: University Had No Reason to Retain Harrell's Organs
  9. Judge Denies University's Motion to Dismiss Case
  10. University Defends Actions in Autopsy Request

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