In a case in the Eastern District of Pennsylvania, a New Jersey man’s Estate is suing the Philadelphia Hospital of the University of Pennsylvania because cancerous lungs were improperly transplanted into his body. Tony Grier died after he was transplanted with lungs from an individual with a 16 year history of smoking. The transplanted lungs were filled with cancer. The transplant was needed because Mr. Grier sufferred from severe sarcoidosis, which had badly damaged his own lungs.
The transplant occurred on January 7, 2005 after the hospital obtained informed consent tfor the transplant. However, the obtaining of consent was based on the hospital’s representations that the lungs to be transplanted were from an 18 year old in good health. Only four months after the transplant, the lungs were found to be filled with cancerous tumors. Subsequently, Mr. Grier died only a couple of months later.
Mr. Grier’s Estate has filed suit alleging that the Hospital of the University of Pennsylvania falsely represented that the lungs were from a young and healthy person. Recently, a motion was filed to allow the Estate to add additional defendants and new allegations, including lack of informed consent, battery, negligence and intentional infliction of emotional distress, based on new information discovered concerning the origin of the smoker’s lungs. The Estate of Mr. Grier seeks to sue the hospital and doctor responsible for removing the bad lungs and the donor program that was responsible for suppling incorrect information concerning the bad organs.