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MATTER OF HUMAN TISSUE LITIG.

38 Misc.3d 184 (2012)

955 N.Y.S.2d 721

2012 NY Slip Op 22271

In the Matter of HUMAN TISSUE LITIGATION.

Supreme Court, Richmond County.

August 16, 2012.

Attorney(s) appearing for the Case

Law Office of D'Avanzo & Morreale, P.C., White Plains ( Joseph D'Avanzo of counsel), for RTI Donor Services, defendant. Ledy-Gurren, Bass & Siff, LLP, New York City ( Nancy Ledy-Gurren of counsel), for RTI Biologics and another, defendants. Kuharski Levitz & Giovinazzo, Staten Island ( Michael Kuharski of counsel), and Motley Rice, LLC, Mount Pleasant, South Carolina ( Kevin Dean of counsel), for plaintiffs.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

In these coordinated mass tort actions of first impression, this court is called upon to evaluate the boundaries of civil liability in the procurement of human tissue for processing from decedents, without the consent of the decedents before their death or the consent of their next of kin after death.

This court ordered that 22 of the pending 46 actions...

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