Are we killing people to harvest their organs for donation?
Between December 1, 2024, and February 28, 2025, the U.S. Department of Health and Human Services (HHS) investigated 351 cases where organ donation was authorized but ultimately not completed.
The findings were alarming:
- 73 patients had neurological signs “incompatible with organ donation.”
- At least 28 patients may not have been dead when the organ procurement process began.
Concerns Over Patient Care and Consent
The HHS report detailed troubling issues that raise serious medical ethics questions:
- Organ procurement teams sometimes overrode primary medical team concerns.
- Patients showed signs of pain or discomfort during preparation for organ harvesting.
- Families were sometimes approached while under the influence of substances or unable to fully understand consent decisions.
Some overdose patients may have been declared dead prematurely—before their bodies had time to recover.
Real-Life Cases of Rushed Organ Transplants
Kentucky Case — October 2024
- Donor declared dead but began thrashing and crying in the operating room.
- Two physicians refused to proceed.
- The organ donation company pushed to continue; no doctor agreed.
- Organ harvesting was canceled, and the patient survived.
Arkansas Case — Breathing but Not Brain Dead
- Patient’s organs were being prepared for removal when the ventilator triggered, showing spontaneous breathing.
- The company’s representative insisted on proceeding.
- The surgeon refused, calling it murder.
Other Disturbing Reports (New York Times)
- Alabama: Woman declared brain dead had a beating heart.
- Florida: Life support withdrawn while the patient cried and bit his breathing tube.
- New Mexico: Woman prepared for days for organ removal regained consciousness and recovered.
The Organ Procurement and Transplantation Network (OPTN)
The OPTN is a national system overseeing all organ transplants in the United States.
- Membership: Hospitals and 55 Organ Procurement Organizations (OPOs).
- The federal government sets donation guidelines, but each state enforces its own statutes and regulations.
Organ Donation Laws in Texas
In Texas, the Revised Uniform Anatomical Gift Act governs organ donation.
This law:
- Prohibits the sale or purchase of human organs.
- Allows reasonable fees for services like removal, processing, and transportation.
While the law provides protections, it also acknowledges that organ transplants can be profitable. Insurance or Medicare typically covers recovery costs.
Financial Incentives and Quotas
In December 2020, the Centers for Medicare & Medicaid Services (CMS) updated requirements for OPOs to qualify for Medicare payments.
To remain eligible, OPOs must:
- Meet performance benchmarks for organ transplantation rates.
- Demonstrate a minimum number of organs transplanted from deceased donors.
These benchmarks create pressure to increase transplants, potentially leading to rushed or unethical decisions.
The Gift — and the Risk — of Organ Donation
Organ donation is a powerful and life-saving act. It has saved thousands of lives and continues to be an incredible gift.
However, the documented cases of rushed organ procurement raise an important question:
Are these isolated tragedies, or do they point to a systemic issue where profit and quotas outweigh patient safety? Perhaps.
What Ethical Organ Donation Means for You — and How Hammerle Morris Can Help
Organ donation saves lives, but it must be grounded in clear medical standards, informed consent, and careful oversight. Reports of rushed determinations and disputed procurement decisions show how quickly a well-intended process can become confusing, stressful, and risky for patients and families.
Whether you are facing an urgent medical decision, questioning the circumstances of a loved one’s care, or simply want to understand your rights, Hammerle Morris Law Firm can guide you through the legal and ethical complexities of organ donation. Our goal is to help you make informed choices that protect both dignity and life.
Schedule a consultation today to ensure your decisions are informed, ethical, and legally protected.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
