Monday, May 21, 2007

Converting a Kidney. I previously blogged on Colavito v. New York Organ Donor Network here. The Second Circuit had certified a question as to whether the intended recipient of an organ donation could bring a private cause of action for common law conversion or under the New York Public Health Law if he does not receive the organ.

The Court of Appeals held that the intended recipient of a donated organ might have a common law right to it under New Yok law, no such right exists for the specivied donee of an incompatible kidney. Also, under the Public Health Law, a party would only have a cause of action if he could benefit from the kidney. The kidney at issue was not compatible with Colavito. The decision of the New York State Court of Appeals can be found here. The Second Circuit granted summary judgment to the defendant

The Second Circuit's decision can be found here.

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