Richard Carey & another v. New England Organ Bank & others

Summary

The court affirmed summary judgment for the defendants in claims arising from the unsuccessful attempted donation of a deceased child’s tissues. It held that the statute did not prohibit the solicitation or require additional informed-consent disclosures, but did require an audio recording of telephonic consent; nevertheless, the defendants were immune because the plaintiffs produced insufficient evidence of bad faith. The court also held that the plaintiffs waived their separate negligence theory based on inaccurate postrecovery letters by failing to raise it below.