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The Ethical Implications of Prisoner Organ Donation

By Robert M. McStay, Jr.

Shortly after midnight on May 25, 2005, Gregory Scott Johnson was pronounced dead by the state of Indiana. In the weeks before his death, Johnson had gained notoriety for seeking to delay his execution so that he could donate part of his liver to his sister, who suffers from cirrhosis unrelated to alcoholism. But Johnson died with his liver intact. See http://abcnews.go.com/US/%20wireStory?id= 776687; AP Mike Smith (May 25, 2005). As it turns out, Johnson would have made a poor donor, since testing shortly before his execution revealed that he had hepatitis. Id.

But before Johnson, other condemned prisoners have unsuccessfully attempted to donate organs. Convicted murderer Larry Lonchar, of Georgia, wanted to donate his kidney to the detective involved in his capture and conviction; David Larry Nelson of Alabama sought to donate his kidney to his brother; and Jonathon Nobles, in Texas, attempted to stay his execution to evaluate his suitability as a donor. See Inmate's Organ Donor Wish Poses Quandary, Tom Coyne, AP (May 19, 2005); available at www.dfw.com/mld/state/news/nation/11687567.htm. Although each of these attempts was rejected by the respective state officials, they raise interesting bioethical issues.

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