McFall v. ShimpCurran v. BoszeMcFall v. ShimpCurran v. Bosze

Jennifer GaneshLaw Values and Public Policy

STS 2400

McFall v. ShimpMcFall v. Shimp

Plaintiff- McFall needs a transplant Defendant- Shimp has high compatibility rating Shimp refuses to go through with procedure McFall files an injunction against Shimp

Plaintiff’s CasePlaintiff’s Case

Plaintiff’s Defense- King Edward I. St. Westminster 2, 13 Ed., I, c 24

This Court derives its power from this statute because this court is a successor of the English Courts of Chancery

Defendant’s CaseDefendant’s Case

Common law- no legal compulsion to give aid or to take action

to save another human being

JudgmentJudgment

“For our law to compel the defendant to submit to an intrusion of his body would change every concept and principle upon which our society is founded. To do so would defeat the sanctity of the individual.....”

AppealsAppeals

Appealed and went to the Pennsylvania Supreme Court

S.C. agreed with lower court’s decision This case set precedent for many other cases-

Angela Carder Story

Curran v. BoszeCurran v. Bosze

Jean Pierre- 12 year old with rare form of leukemia

2 younger siblings that might be a match for a bone marrow transplant

Mother of the twins refuse to grant permission for testing

Plaintiff’s DefensePlaintiff’s Defense

Best Interest Standard- what is the best choice for the minors?

Substituted Judgment- what would the children do if they were not minors?

Defendant’s DefenseDefendant’s Defense

Curran believes that the tests and actual donation may harm the twins both physically and emotionally

Risks outweighs the benefits

JudgmentJudgment

Petition denied

No concrete evidence that the twins would want to go through with the bone marrow transplant

AppealAppeal

Went to Illinois Supreme Court

Decision of Circuit Court was upheld

Questions? Comments?Questions? Comments?

ReferencesReferences http://imc.gsm.com/demos/dddemo/consult/statel

aw/cases_il.htm http://people.brandeis.edu/~teuber/lawmcfall.htm

l http://lawlibrary.ucdavis.edu/LAWLIB/June99/01

61.html http://www.lib.niu.edu/ipo/ii910326.html http://www.nocirc.org/articles/prescott3.html