Woman not suing hospital that took dead son's heart and lungs

Alexandra woman and bereaved mother Diane King is refusing to join a lawsuit against Green Lane Hospital, saying two wrongs do not make a right.

Ms King's baby son, Matthew, was one of some 1300 people, mostly babies and children, whose hearts were removed by the Auckland hospital without consent, now the subject of a ground-breaking lawsuit.

More than 100 affected families are suing the hospital for $10 million and their case took one step forward this week when the High Court in Wellington set an initial court date.

But Ms King told The Press newspaper she had refused to join the legal action because she was "not interested in revenge or taking much-needed money from the health system".

"The money is needed for today's babies," she said. "I just can't see that two wrongs make a right."

Ms King said she was devastated when she was told that not only the heart, but also the lungs had been taken from her baby after he died in 1967.

"It was shattering. When you go home without your baby ... it is quite traumatic and no way would you have thought they would keep any parts of him," she said. "It was pretty gut-wrenching to realise the baby you buried didn't have his heart and lungs."

Ms King said suing would not make her or her husband feel better. "It doesn't bring him back. I don't know how it's supposed to heal the hurt by suing, by getting money. I think it would demean the memory of our child to put a dollar value on it."

She had not sought to blame anyone and believed the doctors who treated Matthew had simply not thought through the implications of keeping his organs.

"It was something that happened at the time," Ms King said. "The doctors we dealt with couldn't have been nicer, kinder and more compassionate."

In 2002, the Kings gave Green Lane permission to keep Matthew's organs.

Wellington lawyer John Millar, representing the families involved in the court case, said the setting of a March 6 court date was "one small step" in a long process.

Mr Millar said two representative claimants will present their case on behalf of 118 families, each claiming $90,000 damages.

Mr Millar said another six claimants had approached him and would add their support to the case.

- NZPA