There is neither ethical nor legal justification for demanding the kidney or compensation. An organ donation is a gift. We have specifically prohibited the selling of organs for just this reason. Ethically, we believe that the only acceptable reason for donating an organ to another person is altruism. You give the organ because you want the other person to get it. What happens after that is irrelevant. If you cannot sue to get your kidney back because you now have a medical need for it, you certainly do not have grounds to sue to get it back simply because you are angry with the recipient.

This case is not about the commodification of organs, either. No only do we prohibit the selling of organs, but we hold both the donor and recipient harmless in the action. The donor cannot sue the recipient for the costs associated with the donation, and the recipient cannot sue the donor if the donor had an undiagnosed medical problem that was transmitted with the organ.

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