Brotherton v. Cleveland

923 F.2d 477 (6th Cir. 1991)

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Nature of the Case

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Facts

Steven Brotherton was found without a pulse in an automobile and was taken to Bethesda North Hospital in Cincinnati. Steven was pronounced dead on arrival. The hospital asked Deborah Brotherton (P) to consider making an anatomical gift. P declined, and that was reported on the hospital's Report of Death. Nonetheless, the coroner allowed the corneas to be removed and used as anatomical gifts. P then learned of the removal after reading the autopsy report. Ohio code permitted a coroner to remove them without consent provided that he has no knowledge of an objection by the next of kin. The hospital failed to inform the coroner of P's desires nor did the coroner check. P sued, and the complaint was dismissed. P appealed.