Organ Procurement Negligence & OPO Litigation
The decision to donate organs is one of the most selfless choices a family can make. It is a gift of life intended to help others. However, the system entrusted with managing this sacred process, the network of Organ Procurement Organizations (OPOs), operates under federal oversight that watchdogs and congressional investigators have criticized as historically weak and inconsistent.
At Traction Law Group, we handle investigations involving serious medical, ethical, and financial breaches in this system.
Unlike standard hospitals, OPOs are federally designated non-profits with exclusive regional service areas and monopoly power. When they deviate from required standards whether by inadequate donor evaluation, failing to screen for diseases, or submitting improper claims to Medicare, they may face liability under federal regulations and tort law.
Our firm provides advocacy for donor families, transplant recipients, and whistleblowers harmed by documented failures in organ procurement.
What Is Organ Procurement Negligence?
Organ Procurement Organizations (OPOs) are responsible for identifying potential donors, obtaining authorization, and coordinating organ recovery. As they are government contractors funded by Medicare, they must adhere to strict federal Conditions for Coverage (42 CFR § 486 Subpart G).
“Organ Procurement Negligence” refers to deviations from these medical, ethical, and regulatory standards. These cases often involve complex liability theories tied to OPO-specific duties that go beyond typical medical malpractice.
Common forms of negligence include:
- Premature recovery attempts: Allegations of pressuring medical teams to declare death prematurely or proceeding with recovery despite observed donor responsiveness (“signs of life”), as documented in recent federal investigations.
- Failure to screen (disease transmission): Inadequate or incomplete donor evaluations or misinterpreting test results, leading to recipients contracting preventable conditions like metastatic cancer, HIV, or systemic infections.
- Consent violations: Misrepresenting the donation process or using coercive tactics on grieving families, contrary to the Uniform Anatomical Gift Act (UAGA) and federal requirements.
- Surgical mishandling: Errors during recovery that cause unnecessary disfigurement or violate family directives regarding the treatment of remains.
Our Areas of Investigation
Donor Rights & “Signs of Life” Cases
Strict protocols exist to separate patient care from OPO interests. We investigate allegations where OPO staff allegedly interfered with end-of-life care, overrode family wishes, or ignored responsiveness during recovery procedures (such as Donation After Circulatory Death).
Failed Transplant & Disease Transmission
Transplant recipients accept known risks, but they do not consent to negligence. OPOs must perform comprehensive screenings per Organ Procurement and Transplantation Network (OPTN) and Public Health Service (PHS) guidelines. Failures that result in the transmission of detectable malignancies or infections create significant liability.
Medicare Fraud & Whistleblower (Qui Tam) Claims
OPOs receive Medicare reimbursement for every organ procured, creating potential incentives for abuse. We represent industry insiders in cases involving:
- The “Pancreas Loophole”: Billing Medicare for organs labeled for “research” that are simply discarded to boost performance metrics.
- Falsified data: Manipulating clinical records to maintain government certification or secure executive bonuses.
- Waste and Abuse: Misusing taxpayer funds on lobbying, luxury travel, or non-patient expenses.
Why These Cases Are Different
OPOs are federally protected entities with significant legal resources, often claiming contractor immunity in litigation. Success requires specific knowledge in CMS guidelines (42 CFR § 486) and the unique corporate structure of the U.S. transplant network. Traction Law Group and our co-counsel navigate these frameworks to pursue accountability for our clients.
Contact Traction Law Group Today
If you have been affected by negligence in the organ donation system, contact us for a free, confidential case review. Call 833-236-8253 or submit your information online.
