Parents sue over babies’ organs

A group of parents whose babies' hearts were kept for years by Auckland's Green Lane Hospital without their consent are suing the hospital and the Attorney-General.

Fifty-one parents from throughout New Zealand lodged a joint claim in the High Court at Wellington against Attorney-General Margaret Wilson and the Residual Health Management Unit, which handles liabilities for the predecessors to today's health boards.

Wellington lawyer John Miller said the claim followed a case in England where parents successfully sued the Alder Hey Royal Liverpool Children's Hospital for taking organs without consent.

The New Zealand parents were each seeking $90,000 in damages, which would provide money for counselling, lost wages and suffering.

"As one parent said, you could ask for $1 million and it would never recompensate or make right what happened," Mr Miller said.

Controversy erupted two years ago after it was found Green Lane was holding 1300 hearts and other organs of dead children without their families' knowledge.

The hospital set up an 0800 number to handle calls from affected families.

Since then, about 200 families have had their child's organs returned and another 200 agreed the hospital could keep them.

Mr Miller said the legal action represented "recognition of the wrong beyond the trite apology".

"The only way to change behaviour or bring a salutary lesson to these organisations is for monetary awards to go out."
The lawsuit claimed that the hospital breached laws, duties and human rights, including the Human Tissue Act and property law.

Mr Miller said the Attorney-General was also liable for breaching the Bill of Rights Act, because people had a right not to be subjected to medical or scientific experiments.

An Auckland District Health Board spokeswoman said the board was aware the papers had been filed in the High Court but had not yet been served with them.