STATEMENT
Media Contact:
Jenny Daigle | jdaigle@aopo.org

AOPO Response to NPR Segment on Kentucky Organ Donor Case

McLean, VA (Oct. 21, 2024) — The Association of Organ Procurement Organizations (AOPO) urges the public to exercise restraint in drawing conclusions about a broadly publicized Kentucky organ donation case without further information.

The case in question allegedly occurred three years ago in Kentucky and was the subject of a news story that aired on NPR’s “Morning Edition” on October 17, 2024. The patient involved was initially considered for organ donation, but did not end up becoming a donor because his medical team determined he was not deceased and was, therefore, ineligible.

The report has understandably caused concern among members of the general public who do not understand the very specific, controlled process hospitals and organ procurement organizations (OPOs) must follow to determine if a patient is eligible to be a donor. The case is now under investigation by state and federal authorities.

It is imperative that the investigation proceeds quickly so the full details of the alleged incident – beyond secondhand accounts and lack of documentation – can be clarified for the benefit of the patient and his family.

AOPO is particularly concerned about the sudden impact this case is having, especially since the specifics of what actually occurred are unknown. The individuals making these claims waited three years to report them, a troubling and substantial delay that runs counter to OPO requirements, which call on staff to immediately report any perceived irregularities at the time they occur.

Formal documentation, such as an incident report, could have identified any issues with the strict protocols hospitals and OPOs adhere to and could have minimized the spread of misinformation and sensationalism, which we are now observing.

The absence of all available evidence in this story fuels a misinformation machine which is already sowing doubt about the organ donation process and causing people to remove themselves from the organ donation registry. According to data from Donate Life America, which collects donor registration data from states, the number of people saying ‘yes’ to becoming organ donors is dropping for the first time in fifteen years.

It is vital for the public to know: the nation’s nonprofit OPOs only proceed with organ donation after the patient’s healthcare team has declared death and the patient or their family has given authorization for organ donation. Any other approach would be unethical and immoral.

The following are stringent controls and processes hospitals and OPOs have in place to ensure potential organ donors are respected and protected:

• • • A patient is determined eligible for organ donation only after one of two medical events occurs:
      1. the patient experiences brain death or
      2. the patient dies after their family, in consultation with the healthcare team, has decided to take them off ventilator support.
    • In the 2nd scenario, there is no way for a doctor or family to know when and if a patient will die until after ventilator support is removed.
    • The care team observes the patient for a period of time after the removal of ventilator support to determine if death will occur.
    • If the patient dies and the clinician – separate from the OPO – makes a declaration of death during this time period, organ donation proceeds. If the clinician does not declare death, donation does not occur, and the patient is returned to the ICU.
    • By law, organ donation teams have no input into the declaration of death, nor do they proceed with donation until after it has occurred.

OPOs are heavily regulated by federal authorities and staff are thoroughly trained to respect and protect the dignity of donors and their families. The organ donation process is designed to ensure that all stakeholders have a role in holding each other accountable at every stage, upholding the highest ethical standards.

OPOs operate with the utmost integrity and are made up of people who care deeply for organ donors and families. The gift of organ donation has saved millions of lives, and the United States organ donation system is a world leader in transplant care, research and innovation.

OPOs hold donors and their families in the highest regard because the OPOs understand the immense sacrifice that is made.

AOPO will continue to provide critical education and public awareness to foster the public’s trust in organ donation and awaits more concrete detail on the facts of this case. Any inquiries around this story should be directed to the Kentucky Attorney General’s office.