CAREY v. NEW ENGLAND ORGAN BANK


446 Mass. 270 (2006)

RICHARD CAREY & another v. NEW ENGLAND ORGAN BANK & others.

Supreme Judicial Court of Massachusetts, Essex.

March 15, 2006.


Attorney(s) appearing for the Case

Roy F. Gelineau (Anthony Kline with him) for the plaintiffs.

Pamela S. Gilman (Andrew R. Weiner with her) for New England Organ Bank.

Brian Sullivan, for New England Eye & Tissue Transplant Bank & another, was present but did not argue.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


COWIN, J.

The plaintiffs in this case, Richard and Margaret Carey, seek recovery for the actions of the defendants, New England Organ Bank (the Organ Bank) and New England Eye & Tissue Bank (the Eye & Tissue Bank), and the parent organization of the Eye & Tissue Bank, Tissue Banks International (TBI).3 The claims arose from an unsuccessful attempt by the plaintiffs to donate the tissues of their deceased son for transplantation...

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