Organ Procurement from Unrepresented Patients - Are They Really Unrepresented?

I recently published on how we procure organs from unrepresented patients. To illustrate my points, I pointed to some ongoing New York litigation alleging that the hospital failed to undertake reasonable efforts to identify the patient and contact the family. In other words, the hospital was erroneous and negligent in determining that its patient was unrepresented. 

For the past few months, a similar case has been proceeding in Sacramento, California. On November 2, 2023, Tonya Walker died at Dignity Health's Mercy General Hospital. She was homeless and her family did not know where she was.  

In their 2025 lawsuit, the family alleges that the hospital failed to "take any action to notify" them or to seek their authorization for donating Walker's organs. Instead, the hospital authorized donation as if the family were non-existent or unavailable.