The recent spate of lawsuits filed by the families of deceased Alabama inmates has brought a disturbing issue to light, accusing the University of Alabama at Birmingham (UAB) and the Alabama prison system of removing and retaining organs from prisoners post-mortem without the consent of next of kin. This has spurred a contentious debate surrounding the ethics and legality of autopsy practices within the context of the state’s correctional facilities.
The five lawsuits, representing the families of Arthur Olen Stapler, Jim William Kennedy, Anthony Perez Brackins, Kelvin Lamar Moore, and Charles Singleton, allege that the inmates’ bodies were sent to funeral homes or for private autopsies where it was discovered that their organs were missing. In response, a UAB spokesperson has stated that the institution “is in compliance with laws governing autopsies; our protocols require documented consent under the law, which includes consent for disposition of organs removed within the clinical standard necessary to determine a cause of death.”
A representative from UAB released a statement on Thursday afternoon in response to the lawsuits. The spokesperson mentioned that the institution follows the laws regarding autopsies. Their protocols mandate documented consent as required by law, which includes consent for the disposal of organs removed during the necessary clinical standard to determine the cause of death.
“UAB only conducts autopsies for incarcerated individuals after the ADOC certifies that the autopsy has been properly authorized by an appropriate legal representative of the deceased. A panel of medical ethicists reviewed and endorsed our protocols regarding autopsies conducted for incarcerated persons,” the statement said.
The lawsuits cite an instance where a representative from UAB told a family member, “UAB Defendants’ Department of Pathology takes organs ‘all the time.’” The Kennedy family was also reportedly informed by someone in the pathology department that “UAB is a teaching institution. And every teaching institution that does autopsies keeps their organs.”
Adding to the controversy, a UAB pathology program accreditation document suggests that the autopsies performed on inmates potentially contribute to the medical school’s training programs. This revelation has been met with consternation and ethical concerns, with a group of UAB medical students having previously questioned the consent process for using organs from incarcerated individuals in their education, as early as 2018.
The complexity of this issue is underscored by a statement from the family of Kelvin Moore, who reported receiving a “sealed red bag with a container inside that (UAB) claimed contained Kelvin’s organs” after initially being told by UAB that it was policy “not to return organs to families after an autopsy.” Such discrepancies in the accounts provided by the institution have further fueled the families’ grievances and the public’s concern.
According to Alabama law, the next of kin must be informed if entire organs are kept for further testing to establish identification or the cause/manner of death. It is also necessary to get explicit consent from the next-of-kin to retain organs for research or other reasons not directly linked to the autopsy. Lawsuits claim that the university and prison system have broken this law.
Relevant articles:
– UAB stealing dead inmates’ organs after autopsies, families say in lawsuit
– Families say organs of deceased Alabama inmates have been removed without their consent, CNN, Thu, 18 Apr 2024 10:25:00 GMT
– 5 families file lawsuits claiming UAB took organs from ADOC inmates ‘without consent’, WBRC, Fri, 19 Apr 2024 01:08:00 GMT
– 5 families of inmates say university took their loved ones’ organs ‘without consent’, WEAU, Fri, 19 Apr 2024 14:57:00 GMT