Bioethics Blogs

Chicago Brain Death Case Now Federal Lawsuit

Randall R. Bainchi was a 22-year old United States Marine, who served his Country in war zones in both Afghanistan and Iraqi.  As a result of his service, Bainchi suffered from PTSD, received inadequate mental health treatment, and acquired a drug addiction.  In December 2012, Bainchi overdosed on heroin.  

In a federal lawsuit filed last week, Bainchi’s mother, Lydia Cassaro, alleges that a number of treating clinicians “intentionally permitted Randall to be killed for the purpose of harvesting his organs for donation.”  Dozens of paragraphs in her complaint allege (1) that clinicians did not have appropriate consent to perform brain death tests and (2) that the tests were inappropriately performed.

The legal grounds for relief are

  • EMTALA
  • Illinois EMTA
  • Illinois Health Care Surrogate Act
  • Medical Malpractice
  • Medical Battery
  • IIED
  • Wrongful Death
  • Civil Conspiracy

The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.