Lions Eye Bank of Texas v. Perry, 56 S.W.3d 872 (Tex. App.—Houston [14th Dist.] 2001, pet. denied).
Decedent died without signing an anatomical gift card. In addition,
Decedent’s Father signed a form at the time of Decedent’s death refusing
all organ and tissue donation, including eyes and corneal tissue, in
accordance with Decedent’s previously expressed desires. Nonetheless,
Eye Bank took Decedent’s corneal tissue. Eye Bank claimed that it had
the medical examiner’s permission and that Decedent’s medical records
lacked any indication that Decedent or his family had not consented to
the removal. Accordingly, Eye Bank asserted it acted properly under
Health & Safety Code § 693.012. Decedent’s family sued Eye Bank. The
jury found that Eye Bank had negligently taken eye tissue and awarded
actual and punitive damages for mental anguish. Eye Bank appealed.
The appellate court reversed. The court provided a detailed discussion
of the applicable negligence law and concluded there is no legal basis
under the facts to sustain an award of actual (and hence punitive)
damages for mental anguish.
Moral: A person who is opposed to organ donation must be certain to
carry at all times an “anti-donor” card to reduce the possibility of
anatomical gifts occurring.