The family of a woman who was briefly found to be alive after being declared brain dead and taken to an organ-donation center can try again to sue over the mistake.
A trial court improperly dismissed the lawsuit by the estate of Paula Denison against two doctors and the Mississippi Organ Recovery Agency, the Mississippi Supreme Court ruled, although Denosin’s daughter Brooke has no case for bystander emotional damages.
Paula Denison was taken to the emergency room of Anderson Regional Medical Center (Anderson) in Meridian in March 2022 and declared brain dead at around 4:45 p.m. Dr. Dustin Shea Allen declared her legally dead at 6:51 p.m. and her family agreed to donate her organs.
Denison was transported to MORA that evening, but by 7 p.m. the following day Denison began “showing medical signs inconsistent with human death” including spontaneous breathing, a reactive pupil and gag reflexes.
The transplant center contacted Anderson Medical Center but not Denison’s family and sent her back to the hospital. After another day, Denison was declared dead again.
Denison’s family sued a year later, claiming negligence, battery, emotional damages and breach of contract.
The defendants moved to dismiss the case, arguing the plaintiffs failed to make a valid claim and Brooke Denison in particular could not claim bystander injuries since she wasn’t present to observe her mother’s condition. The plaintiffs appealed and the Mississippi Supreme Court partially reversed.
The trial judge dismissed the case after considering some 400 pages of medical records the plaintiffs submitted, without including the information in their complaint. The plaintiffs then argued a motion to dismiss was the improper procedure when the court considers outside evidence, and the case should have been decided on a motion for summary judgment.
The Mississippi Supreme Court agreed, saying the defendants made the wrong motion to dismiss, even though it was the plaintiffs who submitted the outside evidence. The court remanded the case to the trial court for reconsideration.
The court didn’t decide whether a Mississippi state law protecting doctors and organ donation centers against lawsuits applied in this case, saying it hasn’t taken up the question so far and declined to do so now. The court did agree to dismiss Brooke Denison’s claims, saying she failed to sue under the state’s wrongful-death statute and she was too far removed from her mother’s treatment to claim bystander emotional injury.
Justice Kenneth Griffis dissented, joined by Justice Jenifer Branning, saying the doctors and Mora were entitled to immunity under the Mississippi Uniform Anatomical Gift Act. Having agreed to dismiss Brooke Denison’s case despite the apparent procedural error, the court should have dismissed both cases, the justices said.
