Mississippi Supreme Court revives estate suit over woman declared dead before organ donation

Writing for an en banc court, Justice Sullivan said the trial court should have treated MORA's Rule 12(b)(6) motion as one for summary judgment after the plaintiffs attached medical records and the court relied on an authorization form not referenced in the complaint.

"Today's case presents a set of facts that are unique and unusual," Sullivan wrote.

According to the opinion, Denison arrived at Anderson Regional Medical Center's emergency room in Meridian on March 17, 2022. An emergency physician determined she was brain dead, and Dr. Dustin Shea Allen, "a hospitalist chosen by Anderson to provide care to Denison," pronounced her legally dead at 6:51 p.m. The family consented to organ donation, and she was transferred to MORA's facility in Flowood.

By 7 p.m. the next day, Denison was exhibiting "spontaneous respirations, a reactive pupil, and the presence of coughing and gag reflexes," according to the opinion. MORA notified Anderson but did not contact the family, the court said. Denison remained at MORA overnight receiving "increasing doses of medications" before being returned to Anderson the morning of March 19. Three days after the initial pronouncement, she "exhibited asystole on the monitors, and she was again pronounced deceased by Dr. Allen on March 20, 2022."

The estate and Denison's daughter Brooke filed separate suits alleging negligence, misrepresentation, emotional distress, lack of informed consent, battery and other claims. The trial court dismissed both, finding MORA and Dr. Shirley Schlessinger immune under the Revised Mississippi Uniform Anatomical Gift Act and that Brooke failed to plead bystander liability.

The Supreme Court declined to reach the immunity question. The court noted it had "never interpreted the UAGA immunity provision" and said "the record is not fully developed at this time for us to adequately address whether MORA should be granted immunity or not."

The court affirmed dismissal of Brooke's individual claims. It found her allegations failed the first two prongs of the test set out in Entex, Inc. v. McGuire, because she "was not located near the scene of the incident" at the MORA facility and "learned about the injuries to Denison after the fact."

Justice Griffis concurred in part and dissented in part, joined by Justice Branning. He wrote that the appeal "should be resolved simply and quickly on the clear language of Mississippi Rule of Civil Procedure 12(b)," and would have gone further to hold that MORA and Dr. Schlessinger are "entitled to the statutory immunity under Section 41-39-135(a)."

The consolidated appeal arose from Lauderdale County Circuit Court, where Hon. Robert Thomas Bailey presided. Michael T. Jaques represented the appellants.