Jacobi Medical Center took my mom's organs without permission! Pay up!BY Thomas Zambito
DAILY NEWS STAFF WRITER
Friday, August 27th 2010, 4:00 AM
The daughter of a 62-year-old Bronx woman whose eyes and organs were harvested against her will sued a city hospital Thursday for $5 million.
Jo Drever says doctors at Jacobi Medical Center never bothered to ask her consent before removing her mother's body parts after she died unexpectedly of a heart attack on Aug. 25, 2009.
Drever said she didn't find out until the morning after her mother, Margaret Lanza, died that her organs had been harvested. She was cleaning out her mother's Bronx apartment when she received a call from the New York Organ Donor Network thanking her for the donation.
"To get that phone call, it was just devastating," Drever said.
The city, Jacobi Medical Center and the New York Organ Donor Network are named as defendants in the suit filed yesterday in Bronx Supreme Court.
In a separate suit, Drever's lawyer, Bonita Zelman, is suing the state for mistakenly entering Lanza's name as an organ donor on her driver's license renewal.
"This is a clear case of illegal organ harvesting and stealing body parts without consent," Zelman said. Drever "had no idea after she left that hospital room to make funeral arrangements they would march in there, take her mother's organs and mutilate her body."
Weeks before her mother's death, Drever said she helped her do the paperwork for her license renewal. She said her mother made her double-check to make sure she hadn't agreed to donate her organs when she died.
Zelman said after Lanza's death, her daughter found a letter from the state Department of Motor Vehicles thanking her for agreeing to be an organ donor and outlining her rights.
The license Lanza had when she was admitted to Jacobi did not list her as an organ donor, but her renewal did, Zelman said.
"God only knows how many other people this has happened to," Drever said. "I want someone to take responsibility for this."
A spokeswoman for the city declined to comment.
tzambito@nydailynews.com
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