Halachic Organ donor Society, 3926 W. Touhy Ave, Suite #365, Lincolnwood, IL, 60712-1028. Phone: 646-599-3895, Email: office@hods.org

People v. Eulo

In two separate criminal cases, defendants had been convicted of manslaughter in the shooting deaths of victims whose families had donated their organs for transplantation after they had been declared brain dead. The New York Court of Appeals affirmed both lower court decisions, holding that the term “death” as used in state statutes encompasses cessation of functioning of the entire brain even if the heartbeat and breathing are being sustained by artificial means and that, if victims are properly diagnosed as dead, no subsequent medical procedure such as organ removal can be deemed a cause of death.