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Last Updated: Wednesday, 18 February, 2004, 17:33 GMT
Families await organ case ruling
Alder Hey inquiry
The Alder Hey scandal sparked an inquiry and legislation
The High Court case brought by families claiming the NHS retained relatives' organs without consent has ended, with the ruling to be given at a later date.

Two thousand families had taken the NHS to court, claiming compensation comparable to the �5,000 paid out to families in the Alder Hey scandal.

The families, who come from across England and Wales, had been offered just �1,000.

Mr Justice Gage said he would give a ruling "as soon as possible".

All the families say that they had no idea that their relatives' organs had been removed and retained by doctors.

Brains taken

The court heard about the cases of babies Rosina Harris, Daniel Carpenter and Laura Shorter.

Rosina, from Dorchester, Dorset, died three days after her birth in October 1995, and Laura, whose mother lives in the Oxford area, was born dead in October 1992.

The bodies of both girls were returned to their parents - but only after major organs, including in both cases the brain, had been removed.

Neither family was informed of the truth until 2001.

Daniel died aged 17 months in February 1987 after surgery to remove a brain tumour at Southampton Hospital.

It was only 14 years later that his parents, who live in Norfolk, were informed by letter that his brain had been retained, and later disposed of.

Sally Smith, QC, for the NHS Litigation Authority, told the court that it should not be thought for one moment that it forgot or sought to minimise the "terrible human tragedies" which underlay the claims.

But she rejected the allegation that anything unlawful had been done in the cases before the court.

The Human Tissue Bill currently going through Parliament aims to prevent future organ scandals by making consent the cornerstone of legislation.

Multiple funerals

The Alder Hey scandal, which came to light in the 1990s, led to an audit across the health service which had prompted hundreds more families to come forward demanding compensation.

Parents discovered that in some cases, following the death of their children in hospital, the bodies had been returned for burial or cremation minus one or more internal organs.

Occasionally this resulted in a second, or even third, funeral as parents demanded the return of these parts, years after the death of their child.


WATCH AND LISTEN
The BBC's Glenda Cooper
"The families are saying this case is all about respect"



SEE ALSO:
Body parts families to sue NHS
19 Jan 04  |  Health
'My son's brain was taken'
19 Jan 04  |  Health
Q&A: Organ retention court case
19 Jan 04  |  Health


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