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MACRELLI v. CHILDREN'S HOSPITAL

SJC-10150.

451 Mass. 690 (2008)

CATHLEEN MACRELLI & another v. CHILDREN'S HOSPITAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 2008.

Attorney(s) appearing for the Case

Samuel M. Pollack (Sean Higgins with him) for the plaintiffs.

William J. Dailey, Jr. (Harry A. Pierce with him) for the defendants.

The following submitted briefs for amici curiae:

Martha Coakley, Attorney General, & Rosemary Connolly, Assistant Attorney General, for the Commonwealth & others.

John J. Barter for Professional Liability Foundation.

Jeffrey M. Jentzen & Denise McNally for National Association of Medical Examiners.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

COWIN, J.

After the sudden death of an eighteen month old boy, doctors at Children's Hospital (Children's) performed an autopsy at the request of the office of the chief medical examiner (OCME) pursuant to G. L. c. 38, §§ 3 and 4. The hospital returned the child's body to his parents, the plaintiffs, but, unbeknownst to them, retained his organs. When the plaintiffs learned that the organs had been retained, they commenced this action in Superior Court against...

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