Category: Death + the Law

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Death + the Economy Death + the Law Death Ethics

Donating Dead Bodies to Save Money

Donating Body Can Save Families Money
Dan McFeely, The Indianapolis Star (February 08, 2011)

A short post on a perennial topic for the Death Reference Desk: how the dead body is transformed into some kind of cash value. Rarely, if ever, does this postmortem value involve direct cash exchanges, mostly because the law frowns upon such things. No, these are situations where a dead body is handed over to an institution of some kind in exchange for compensation of some kind.

So, as this article discusses, families donate a body to the Indiana University Medical School and in exchange for their donation receive significantly reduced if not totally free funeral services. More often than not, this means that the cremation of the remains (post dismemberment, more or less, by medical students) is covered by the institution receiving the body.

Most American medical schools accept cadaver donations and gladly thank the next-of-kin with a non-cash gift of some kind. It’s true that even though money isn’t being exchanged there is still a quid pro quo involved…but not too many people that participate in any of this complain.

The bigger question to ask is this: What happens when medical schools, for example, start paying families with cold, hard cash for a dead body? The historians amongst you will already be thinking about Burke and Hare in Scotland, and that’s the historical example that usually scuttles these kinds of questions.

But I’m not so sure, given the economic conditions which many people currently face, that it won’t come to pass.

We’ve been adding story after story about these kinds of dead body transactions and you can see them all here: Death + the Economy.
Never say never…especially when dead bodies are involved.

Categories
Death + Crime Death + Technology Death + the Law

Postmortem on Frontline’s Post Mortem

Post Mortem: Death Investigation in America
Frontline, NPR, and Pro Publica (February 01, 2011)

Go Go Frontline. There are moments in this documentary on postmortem examinations in America and the attached medical-legal investigative personnel that made me physically groan.

Out loud.

And then slap my forehead.

None of the dead body images elicited any kind of response from me (shocking, I know). Rather, the interviews with some of the coroners and autopsy investigators were so painful to watch that I wondered if they really knew what kinds of documentaries Frontline makes. One of Frontline’s best investigative reporters, Lowell Bergman, is the on-camera interviewer and his abilities at making interview subjects squirm, especially those who lie or get caught in a certain-kind-of-truth-stretching, are phenomenal.

web-lagos_a_cadaverThe interview with Dr. Frank Minyard, the coroner for New Orleans, Louisiana, is some of the most cringe-worthy television that I have seen in a long time. A number of Death Reference Desk readers might know Dr. Minyard from his interviews about dealing with post-Hurricane Katrina New Orleans. Minyard is a complex figure, to be sure, and he doesn’t end up looking so good in this documentary. Ironically, he has been interviewed in other Frontline pieces, so it’s not as if he had no idea what could happen.

But I digress…

Here, then, is the take away information from Post Mortem. 1.) The overall training, accreditation, and educational standards for American Medical Examiners needs to be uniform, rigorous, and regulated. As with the American funeral industry, for example, the education and licensing requirements are all state-by-state. This means that some states (and regions within states) are far more competent than others. In a nutshell, if you died and your death required a full investigation, then it’s better to die in some states than others.

Frontline produced a map of America which shows what kind(s) of postmortem investigation system(s) exist in each state. Check it out here.

The documentary’s other key point is that medical examiners and investigators need more money to do their work. This hardly comes as a surprise, since everybody wants more money to do their work, but the investigative labor being done involves guilt and innocence. I would always hope that the individuals given the power to provide evidence about either guilt or innocence, had the necessary funding to do the job. In some cases, this is not the case.

So watch this documentary. You can either view it right here or go to the Frontline website (linked at the top of this page).

It’s worth the 52 minutes and provides an opportunity to begin contemplating which American state you would want to die in…

Watch the full episode. See more FRONTLINE.

Categories
Death + the Law Death Ethics

Discussing End-of-Life with Jane Brody

Personal Health: Keep Your Voice, Even at the End of Life
Jane E. Brody, The New York Times (January 18, 2011)

Here is a quick follow-on article to the recent post on End-of-Life discussions in the American medical system.

Jane Brody has been writing for some time about the importance of End-of-Life planning with a person’s doctor. Her most recent column is a response to the Obama administration’s back and forth on Medicare funding for End-of-Life discussions between patients and physicians. I wrote about that recent debacle (for lack of a better term) two weeks ago. Brody’s writings have appeared before on the Death Reference Desk. In August 2009 I wrote about her push for End-of-Life planning in the (then) proposed American health care reform bill. You read that here.

Brody’s commitment to this issue is partly personal and she has been extremely open about the recent, unexpected death of her husband. She makes the following case for End-of-Life planning in her most recent column:

For many more of us these days, the end does not come swiftly via a heart attack or fatal accident, but rather after weeks, months or years battling a chronic illness like cancer, congestive heart failure, emphysema or Alzheimer’s disease. When doctors do not know how you’d want to be treated if your heart stopped, or you were unable to breathe or eat and could not speak for yourself, they are likely (some would say obliged) to do everything in their power to try to keep you alive.

 

A year ago, my husband was given a diagnosis of Stage 4 cancer. As his designated health care proxy, I had agreed long before he became ill to abide by the instructions in his living will. If he was terminally ill and could not speak for himself, he wanted no extraordinary measures taken to try to keep him alive longer than nature intended.

 

Knowing this helped me and my family avoid agonizing decisions and discord. We were able to say meaningful goodbyes and spare him unnecessary physical and emotional distress in his final weeks of life.

Not much else to say, really.

Categories
Burial Death + Crime Death + the Law

Update on 91 Year Old Pennsylvania Woman Keeping Corpses in House

Happy Homecoming for Widow Who Lived with Corpses
 Authorities found out and took the embalmed corpses away. She is having a mausoleum built on her property to get them back.
Michael Rubinkam, Associated Press (January 04, 2011)

A quick update on the July story about 91-year-old Jean Stevens in Pennsylvania. Stevens, many people will recall, had been keeping the embalmed bodies of both her husband and twin sister in her home. Pennsylvania officials quickly determined that this was not an appropriate form of final disposition for the bodies and took them away. I wrote about the original case here.

Back in July I suggested that Pennsylvania authorities should think twice about prosecuting Stevens and, instead, help her build a mausoleum for the bodies.

And lo, if that isn’t exactly what happened. The AP explains:

The 91-year-old widow [Jean Stevens] who lived with the embalmed corpses of her husband and twin sister — until authorities found out and took them away — is hopeful they’ll be returned soon.

 

corpses-300x225

Workmen at Stevens’ rural property outside the northern Pennsylvania town of Wyalusing have been busy the past few months, erecting a gabled building with gray siding and a white door. It resembles an oversized shed, or a smaller version of Stevens’ detached garage.

 

In reality, it’s a mausoleum that Stevens intends as the final resting place of her husband of nearly 60 years, James Stevens, and her twin, June Stevens. And authorities have told her it’s the only way she can get them back.

So there you go. Jean Stevens will be re-united with her dead husband and sister, forevermore.

Categories
Death + the Law Death Ethics

One Step Forward…Two Steps Back with End-Of-Life Discussions

Obama Returns to End-of-Life Plan That Caused Stir
Robert Pear, The New York Times (December 26, 2010)
Advance care planning, which touched off a political storm over “death panels,” will be covered under Medicare – a “quiet victory” that supporters have been urged not to crow about.

 

‘Death Panels’ Controversy: Is Obama Avoiding Congress?
The Obama administration is set to expand options for ‘end of life’ counseling for Medicare recipients. The White House says it’s practical. Sarah Palin says it’s akin to ‘death panels.’
Gail Russell Chaddock, The Christian Science Monitor (December 27, 2010)

 

‘Death Panels’ are Real — Brought on By Budget Pressures
Norman J. Ornstein, The Washington Post (December 31, 2010)
During the debate over health reform, Rep. Michele Bachmann (R-Minn.), Sarah Palin and others railed against the “death panels” that would result from the bill. Government bureaucrats, critics said, would decide who would die and when. The bill passed – and indeed there are death panels. But they do…

 

A Reversal for Medicare on Planning for Life’s End
Robert Pear, The New York Times (January 05, 2011)
The Obama administration will revise a Medicare regulation to delete references to end-of-life planning as part of the annual examinations covered under the new health care law, officials said.

 

End-of-Life Planning Dropped from Medicare Checkup Rules
Ricardo Alonso-Zaldivar, Associated Press (January 5, 2011)
Reversing a potentially controversial decision, the Obama administration will drop references to end-of-life counseling from the ground rules for Medicare’s new annual checkup, the White House said Wednesday.

While most people were enjoying the 2010 holiday season, a most peculiar series of American End-of-Life stories slid under the radar.

Right after Christmas, many news outlets reported that the American Medicare rules had been changed to allow Doctors and their patients to discuss End-of-Life planning as part of an annual medical exam. This was big news because the very idea of discussing End-of-Life issues almost derailed President Obama’s health care initiative. I wrote about that debacle in August 2009: America and End of Life Care: Death, Dying, and Mortality

Then, all of a sudden, there was a policy reversal and it looks like Medicare coverage won’t include End-of-Life discussions– as originally reported a few days earlier.

 

The whole situation is a little suspicious, and it suggests to me that if the post-Christmas stories had never run, then the End-of-Life rules might have remained.

Who knows.

I have compiled a group of the articles that I read through at the top of the page. They’re all good. Norm Ornstein’s piece is particularly smart.

More than anything, we’ll be back discussing Medicare funded End-of-Life issues in 2011. I guarantee it.

Categories
Cemeteries Death + the Economy Death + the Law

Bring Out Your Dead Checkbook

FTC Proposes New Guidelines for Collecting Debt from Dead People
Ylan Q. Mui, The Washington Post (November 22, 2010)
The Federal Trade Commission is seeking to revise the protocol surrounding two of life’s touchiest subjects: debt and death.

 

Are Cemeteries the New Safe Investment?
Patrick Collinson, The Guardian (October 16, 2010)
With a shortage of space in cemeteries, private operators claim there are healthy returns to be had by buying burial plots

Here are a couple different angles on the economics of modern death. The top article examines the ever expanding world of debt collection from the dead. Postmortem debt typically falls on a spouse or family member, but a proposed policy revision will widen the pool to include other legal representatives.

ZombieTaxDead81706-761370

The Death Reference Desk has been covering various aspects of the postmortem economy so these debt collection issues come as no surprise. An entirely different side of these economic concerns is the money that some investors are pouring into life-insurance policies. Meg wrote about that situation here. And everyone can read about the economic problems people face with death and dying under our insurance tag.

Some of the earliest death and the economy articles that I followed, involved unclaimed bodies filling morgues. These aren’t unidentified bodies, rather dead bodies where the next-of-kin know that the corpse is in the morgue but cannot afford to have the body sent to a funeral home.

And then there is the Cemetery-as-Investment side of these economic question. The Cemeteryscapes blog did an excellent post on this very topic. The Guardian article at the top also discusses how London cemeteries are becoming possible investment opportunities.

Buyer beware. That’s all I’m saying.

These cemetery discussions reminded me of an early Death Ref post that I did on a cemetery in foreclosure in California.

It was an exceptionally sad story then and remains so today.

Categories
Death + the Economy Death + the Law Death Ethics Grief + Mourning

Frontline Documentary: Facing Death

Frontline: Facing Death
Miri Navasky and Karen O’Connor (November 23, 2010)

 

A Final Cocoon: Dying at Home
Joyce Wadler, New York Times (November 11, 2010)

Yet again, Frontline (the documentary film unit of America’s Public Broadcasting Service) delivers an unbelievably moving and intellectually engaged program. Frontline has won every major and minor documentary film award on the planet so it should come as no surprise that this new program Facing Death is so good.

Everyone needs to watch to this documentary. Everyone. Take the 55 minutes it requires and then watch it again.

Watch the full episode. See more FRONTLINE.

The documentary tackles one of the most pressing questions for any person with a terminal illness: when to stop heroic (potentially excessive) medical treatment and to then opt for palliative care in a hospice.

When Meg, Kim, and I started the Death Reference Desk we all agreed that End of Life issues would be fundamentally important to this entire project. I can honestly say that this Frontline documentary is one of the best programs that I have seen in a while on this very topic.

Critics of the American health care system (of which I am one) will lament the over medicalization of the patients in this film and I agree that the film really captures what aggressive, end of life medicalization becomes. The documentary also shows the medical staff and families involved in each case thinking through these bioethical quandaries.

What this film highlights, more than anything, is how impossibly difficult and heart wrenching all of these decisions become. None of this is ever simple or easy. My job is to think about death and dying all day, every day. I’m the son of a funeral director. I’ve watched my grandparents die.

These experiences are all valuable but they never fully prepare a person for that most difficult end of life decision: to die.

So watch this documentary and make your friends watch it. Then make sure that your end of life wishes are known to your next-of-kin and in writing.

The New York Times article at the top of the page is another side of the Frontline documentary, which is when people decide to stop the medical treatments and die at home. It’s a wonderful article about people choosing to die on their own terms in their own living spaces.

Categories
Death + Popular Culture Death + the Law

Toe Tags and Neck Holes

 

FDA Unveils Proposed Graphic Warning Labels for Cigarette Packs
Gardiner Harris, New York Times (November 10, 2010)

The war on tobacco has gotten just a bit splashier and “deathlier”. Graphic images designed to scare people straight will soon be gracing cigarette packaging by next summer. The images range from a corpse in a casket, a cadaver, toe-tagged feet, gravestones, a deathbed denizen and a guy blowing smoke out of a hole in his neck for good, visceral measure.

See the images here.

Graphic images on cigarette packs are nothing new. In Europe, graphic warnings such as these (and worse) have been in place for years. But now that the FDA has the authority to regulate the tobacco industry, they are going all out with introduction of a glitzy new shock and awe, “anti-advertising” campaign. On Wednesday, they unveiled 36 new warning labels, of which 9 will be chosen, to grace cigarette packaging across the U.S. However, the new effort ups the ante quite a bit from the rather sedate Surgeon General’s warning stating that “smoking causes lung cancer, heart disease, emphysema and may complicate pregnancy.”

According to the NY Times,

Dr. Richard D. Hurt, director of the Nicotine Dependence Center at the Mayo Clinic, said he was hopeful the labels would save lives, though he said a higher federal tax and tougher workplace restrictions were also needed.

“The evidence is that graphic labels do make a difference in enticing smokers to stop smoking,” he said.

I say, you be the judge. Are cigarettes still the proverbial “nails in the coffin?” And if so, is showing a guy actually in a coffin enough to get you or others to quit smoking? The FDA is currently seeking public comment and so are we. We’re not blowing smoke—send us your thoughts!

Categories
Cemeteries Death + Art / Architecture Death + the Economy Death + the Law

Where New York’s Unclaimed Dead Bodies Get Buried

Artist’s Study of Island Brings the Dead to Life
Adam Geller, Associated Press (October 30, 2010)

 

Hart Island Project
Melinda Hunt

This is a really compelling article about a New York burial ground for unclaimed bodies. Adam Geller, from the Associated Press, wrote a lengthy piece about both Hart Island (the cemetery) and artist Melinda Hunt, who turned Hart Island into a fascinating artistic project.

It’s a great read. You will find similar kinds of articles in the Death + The Economy section of Death Ref. There is no shortage of unclaimed dead bodies these days.

At top is a short section from a documentary entitled Hart Island: An American Cemetery.

Categories
Death + Crime Death + the Economy Death + the Law

And the Corpse Rides Shotgun Follow-Up

Portrait Emerges of Woman Whose Mummified Body was Found in Car Joseph Serna, Los Angeles Times (October 28, 2010)

Last week I wrote about a California news item which involved the police finding a dead body in a car. A few days ago, the Los Angeles Times did a follow-up piece and as I suspected the emerging story is really sad. Death Ref has run several pieces on Death and the Economy and this most recent article fits the bill. The Times provides this addendum to last week’s story:

The two women met last year at Mile Square Regional Park in Fountain Valley and were unlikely acquaintances. One was a Costa Mesa real estate agent, the other a homeless woman [Signe Margit] who frequented the park. The real estate agent allowed the woman to sleep in her father’s old sedan. But sometime in the last 10 months, the homeless woman died in the car. And for reasons that Costa Mesa police are still trying to determine, the real estate agent decided not to report the woman’s death to authorities. Detectives said she drove the car with the mummifying corpse covered with clothing in the passenger’s seat. She used baking powder to reduce the smell.

I decided to post a follow-up piece since so many dead body stories function as macabre fantasy tales without an actual ending. It seemed only appropriate to end this particular story with a fuller acknowledgement of the hard economic times many people now face.

Categories
Death + Crime Death + the Economy Death + the Law

And the Corpse Rides Shotgun

Woman Drove Around With Mummified Body
Salvador Hernandez and Greg Hardesty, The Orange County Register (October 22, 2010)

I am a little surprised that only a few people sent me this recent decomposing-dead-body-in-the-news article. Like so many of the other dead body stories on Death Ref this particular California tale is both macabre and sad. Indeed, it looks as if the economic problems currently afflicting a great many Americans played a role here. We’ve got an entire Death Ref section devoted to just Death + the Economy items. This most recent story also reminds me, a little bit, of the Pennsylvania case from last July.

More than anything, the Orange County prosecutor will have to look at the California statutes which define how and when a corpse is mishandled.

I have a hunch that no legal action will be taken.

And in case anyone is wondering, the smell described by the Police is the result of the body’s decomposing fluids seeping into the car’s interior.

I know I know. Too much information.

Never Stop Learning.

Categories
Death + the Law Death Ethics

Westboro Baptist Church Supreme Court Case

Anti-Gay Minister Shouldn’t Be Able To Intrude On Soldiers’ Funerals
Doug Gansler, The Washington Post (October 6, 2010)

 

Funeral Protesters Have A Free-Speech Right
Editorial Board, The Washington Post (October 6, 2010)

 

Westboro Baptist Church, Phelps Family Speak Out About Funeral-Protest Case
Ian Shapira, The Washington Post (October 6, 2010)

 

Court Considers Westboro Baptist Church’s Anti-Gay Protests At Military Funerals
Robert Barnes, The Washington (October 6, 2010)

 

Justices Hear Arguments In Funeral-Protest Case
Adam Liptak, The New York Times (October 07, 2010)

 

Lamentable Speech
Editorial Board, The New York Times (October 7, 2010)

 

Court Weighs Free Speech vs. Privacy At Funerals
Robert Barnes, The Washington Post (October 7, 2010)

A hardly definitive roundup of articles about Wednesday’s Supreme Court Case involving the Westboro Baptist Church and its funeral protests.

This NewsHour television report is really good too.