March 7, 1969

Judge David L. Bazelon

U. S. Court of Appeals

3020 University Terrace, N. W.
Washington, b. C. 20001

Dear David,

I was interested to read the material from the American
Heart Association.

The report seems quite appropriate and I have only a few —
comments. oo

The Harvard Report wisely points out that two conditions,
hypothermia, or CNS inhibitors like barbiturates, may result ina Co
misleading application of the stated criteria of death. I think it >
is important to highlight these reservations and to stress that the al
physician is still under the obligation to use his best professional
judgement that the observed signs are in fact inconsistent with the v
possibility of recovery of the patient's brain function. This would
require, at a minimum, that the physician have a well formed theory =
as to the nature and extent of the damage to the patient's brain.
We may, after all, discover other circumstances which resemble hypo-
thermia or drugs and it will in fact in some cases be quite difficult
to make an affirmative exclusion of drug influence.

I do not have the text of the Uniform Anatomical Gift Act but
from what I know of it I would endorse the recommendations as stated.
I would be careful, however, not to support the possibility that the
enclosed clipping suggests apply to Virginia that, ander any circumstances,
organs can be removed from a body without some explicit affirmative act,
be it either the previously expressed intentions of the donor or the
approval of qualified members of his family. There is in fact considerable
pressure from some surgeons to make organs more freely available for what are,
in their view, humanitarian purposes but the possibility of adverse rebound
in public opinion is too ominous to approve such 2a direction. There are,
furthermore, more general philosophical implications vaxying on the right Pear
of the state to use parts of the body, involuntarily, that cannot be
ignored in framing details of this law.

Otherwise I think the committee has done a very good job and I hope
you will give them the benefit of your eriticiem and then approval.

over

 
 

See you in a few weeks. I am, however, staying in a hotel
downtown as I have a good deal of business that I will need to
carry on from such a base while in Washington.

Sincerely yours,

Joshua Lederberg

Enclosure
JL/rr