Brown v. Delaware Valley Transplant Program

The Majority affirms the grant of the Motion for Summary Judgment, in favor of Brandywine Hospital and all other *97appellees, based on the trial court’s determination that the hospital was an authorized organ donor under 20 Pa.C.S. § 8602(b)(6), and, that all appellees acted in “good faith” and were thus immune from civil liability under 20 Pa.C.S. § 8607(c). From my review of the record, I conclude that the hospital has not established its authority to donate the organs of the decedent. Further, the question of the good faith of the hospital and other appellees is an issue of material fact,…