Friday, May 19, 2000
Cornea cases may cost $800K
Jury says county owes survivors
By Dan Horn
The Cincinnati Enquirer
A jury decided Thursday that Hamilton County could pay nearly $800,000 in damages because it allowed the corneas of corpses to be removed without family consent.
The nonbinding verdict came after a summary jury trial in U.S. District Court.
Neither side is required to accept the damage amount, but summary trials typically are used as a starting point for settlement negotiations.
The case involves about 400 families that have complained that the county coroner's office removed corneas from dead relatives without permission.
The lawsuit was filed when Deborah S. Brotherton accused then-coroner Frank Cleveland of allowing technicians from an eye bank to take her husband's corneas in 1988 despite her objections.
Steven Brotherton died in 1988, and Mrs. Brotherton rejected a hospital request for organ donations.
Mrs. Brotherton learned that eye bank technicians took her husband's corneas from the autopsy report that noted “corneae are absent.”
Corneas are recyclable and help restore sight to recipients.
Judge S. Arthur Spiegel later certified Mrs. Brotherton's suit as a class action involving an estimated 400 families with similar complaints.
Mrs. Brotherton has asked for $1.5 million in damages, but her attorney, John Metz, has said a specific figure has not been set.
Mr. Metz could not be reached for comment Thursday. Hamilton County Prosecutor Mike Allen, whose office represents the county, confirmed that the summary jury recommended $795,000 in damages.
He said he hoped the two sides would soon begin negotiations for a final settlement.
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