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By: Wentworth, et al. S.C.R. No. 14
SENATE CONCURRENT RESOLUTION
WHEREAS, Annabelle Whitinger, John Whitinger, Erica De La
Garza, Victoria Cruz, Margaret Whitinger, Joan Breezy Speer,
Harriet Whitworth, Patricia Harrison, Michael Murphy, Joe Noah,
Susan Newman, Samuel Whitworth, Barbara Erwin, Sidney Brown,
Veronica Lopez, Irma Young, Helen Robinson, Robert Thomas, Ruth
Ahmed, Johnna J. Higginbotham, Ted Breezy, Kathleen Hagan, Theresa
Carrig, Robert Bland, Michael Robert Bland, Patrick Boux Bland,
Robert Dallas Bland, Mary Hargraves, Debbie Zambardino, Richard
Billescas, John and Priscilla Ogden, Thomas K. Erwin, Joann L.
Cooper, Paul Hargrave, Charles H. McBride, Belia V. Zamora, Yolanda
B. Garcia, Billy G. Odom, Tamara L. Odom, B. Alan Odom, Lisa Odom,
David P. Odom, Sandra Kohlenberg, Tana Everett, Jack W. Pryor, Jr.,
Tina Vaughn, Kevin Tippie, Gary B. Black, Elvia A. Sykes, LeAnna
Lankford, Emile Erwin Herbert, Henry Blake Erwin, Kathy McCaslin,
Mike McBride, Cathy Taylor, Barbara Barker Barnes, Tricia Deland,
James Saylor, Tim Kennedy, Catherine Lee, Diana Hodges, Hayden
Hodges, Alden Hodges, Carolyn J. Wallace, Leslie Diane Hogan, David
W. Hogan, Donald A. Hogan, Clifford E. Hogan, Joel Alston, Pamela
Bean, Jill Scoggins, Michael Brockway, Emory Brockway, Betty Brown,
Lori Kubek, Richard Kubek, Leroy Cady, Gene Cady, Wallace Cady,
Christopher Chatelain, Davette Pickard, H. Dean Clark, Yola Clark,
Willia Jayne Clark, Cherri Pellerin, Myra C. Goodman, William
Greer, Susan Boatright, Shawn Melton, Tracy Andrew, Martha A.
Harris, Leslie Koester, Joyce Sanches, Ethel Kimmons, Joanne K.
Hemme, Jean Butts, Francis Matthews Henry, John McHugh, Susan
McHugh, Heather Keithley, Sue McKnight, Amy McKnight, Phyllis
Eckerson, James Nelson, Chris Philips, Helen Ruth Pradarits, Robin
Ann Pradarits, Ruthelyn Mikeska, Mary-Beth Aleshire, Melanie Jaye
Russell, Patricia Aden, Pamela Sturiano, Joseph Pradarits, Keith
Pradarits, Hilda Rodefeld, Sherri Sonntag-Rodefeld, Louis Shields,
Sandra Clemons, David Stutzman, Joe Stutzman, Linda DeLeon, Tyra
Yesh Ochoa, and Marie Yates Taylor allege that:
(1) The University of Texas Medical Branch at Galveston
administered a Willed Body Program that was overseen by the
Anatomical Board of the State of Texas;
(2) an individual may will his or her own body to be used by
medical students and scientific researchers for the advancement of
medical science as provided by Subsection (a), Section 691.028,
Health and Safety Code;
(3) according to applicable rules, after a body that has
been willed or donated to The University of Texas Medical Branch at
Galveston is used for medical science, the cremated remains of that
body must be returned to a designated family member, if return of
the remains was requested in advance, as provided by 25 T.A.C.
Section 479.4;
(4) the individuals named in this resolution are family
members of individuals whose remains were willed to The University
of Texas Medical Branch at Galveston's Willed Body Program;
(5) in the spring of 2002, The University of Texas Medical
Branch at Galveston learned that one or more of its employees
mishandled bodies willed or donated to The University of Texas
Medical Branch at Galveston and commingled the ashes of bodies,
making it impossible to determine which ashes should be returned to
designated family members;
(6) in addition, one or more employees of The University of
Texas Medical Branch at Galveston's Willed Body Program transferred
or sold willed or donated bodies or parts of bodies to out-of-state
recipients and failed to request that the recipients or buyers of
the bodies return the ashes to The University of Texas Medical
Branch at Galveston for return to the families who had requested
their loved ones' ashes;
(7) The University of Texas Medical Branch at Galveston
admitted that its "failure of oversight . . . caused pain to the
relatives of those to whom [it] owe[s] such a special debt of
gratitude" and that The University of Texas Medical Branch at
Galveston may have compromised the trust of the families of those
who donated their bodies to The University of Texas Medical Branch
at Galveston's Willed Body Program;
(8) the individuals named in this resolution and their
families have been greatly distressed and anguished by The
University of Texas Medical Branch at Galveston's failure to return
the ashes of their family members who willed or donated bodies to
The University of Texas Medical Branch at Galveston's Willed Body
Program and are entitled to recover damages; and
(9) the individuals named in this resolution have filed
several lawsuits against The University of Texas Medical Branch at
Galveston and the Anatomical Board of the State of Texas regarding
the Willed Body Program, but all claims against The University of
Texas Medical Branch at Galveston, the Anatomical Board of the
State of Texas, and other entities or employees of the State of
Texas have been or likely will be dismissed on grounds that the
State of Texas and agencies of the State of Texas enjoy sovereign
immunity from these claims; now, therefore, be it
RESOLVED by the Legislature of the State of Texas, That
Annabelle Whitinger, John Whitinger, Erica De La Garza, Victoria
Cruz, Margaret Whitinger, Joan Breezy Speer, Harriet Whitworth,
Patricia Harrison, Michael Murphy, Joe Noah, Susan Newman, Samuel
Whitworth, Barbara Erwin, Sidney Brown, Veronica Lopez, Irma Young,
Helen Robinson, Robert Thomas, Ruth Ahmed, Johnna J. Higginbotham,
Ted Breezy, Kathleen Hagan, Theresa Carrig, Robert Bland, Michael
Robert Bland, Patrick Boux Bland, Robert Dallas Bland, Mary
Hargraves, Debbie Zambardino, Richard Billescas, John and
Priscilla Ogden, Thomas K. Erwin, Joann L. Cooper, Paul Hargrave,
Charles H. McBride, Belia V. Zamora, Yolanda B. Garcia, Billy G.
Odom, Tamara L. Odom, B. Alan Odom, Lisa Odom, David P. Odom, Sandra
Kohlenberg, Tana Everett, Jack W. Pryor, Jr., Tina Vaughn, Kevin
Tippie, Gary B. Black, Elvia A. Sykes, LeAnna Lankford, Emile Erwin
Herbert, Henry Blake Erwin, Kathy McCaslin, Mike McBride, Cathy
Taylor, Barbara Barker Barnes, Tricia Deland, James Saylor, Tim
Kennedy, Catherine Lee, Diana Hodges, Hayden Hodges, Alden Hodges,
Carolyn J. Wallace, Leslie Diane Hogan, David W. Hogan, Donald A.
Hogan, Clifford E. Hogan, Joel Alston, Pamela Bean, Jill Scoggins,
Michael Brockway, Emory Brockway, Betty Brown, Lori Kubek, Richard
Kubek, Leroy Cady, Gene Cady, Wallace Cady, Christopher Chatelain,
Davette Pickard, H. Dean Clark, Yola Clark, Willia Jayne Clark,
Cherri Pellerin, Myra C. Goodman, William Greer, Susan Boatright,
Shawn Melton, Tracy Andrew, Martha A. Harris, Leslie Koester, Joyce
Sanches, Ethel Kimmons, Joanne K. Hemme, Jean Butts, Francis
Matthews Henry, John McHugh, Susan McHugh, Heather Keithley, Sue
McKnight, Amy McKnight, Phyllis Eckerson, James Nelson, Chris
Philips, Helen Ruth Pradarits, Robin Ann Pradarits, Ruthelyn
Mikeska, Mary-Beth Aleshire, Melanie Jaye Russell, Patricia Aden,
Pamela Sturiano, Joseph Pradarits, Keith Pradarits, Hilda
Rodefeld, Sherri Sonntag-Rodefeld, Louis Shields, Sandra Clemons,
David Stutzman, Joe Stutzman, Linda DeLeon, Tyra Yesh Ochoa, and
Marie Yates Taylor are granted permission to sue the State of Texas,
The University of Texas Medical Branch at Galveston, and the
Anatomical Board of the State of Texas for any and all causes of
action, including breach of contract, that relate to or arise from
the facts and circumstances described in this resolution, subject
to Chapter 107, Civil Practice and Remedies Code; and, be it further
RESOLVED, That the aggregate of all amounts awarded in the
suits authorized by this resolution, including damages, court
costs, attorney's fees, and prejudgment interest awarded under law,
may not exceed $1 million, the plaintiffs may not plead relief in
excess of that amount in a suit authorized by this resolution, and
this is the total aggregate amount that may be recovered by the
persons named in this resolution with respect to any and all causes
of action, including breach of contract, that relate to or arise
from the facts and circumstances described in this resolution; and,
be it further
RESOLVED, That the payment of any amount awarded in a suit
authorized by this resolution is contingent on appropriations for
that purpose; and, be it further
RESOLVED, That the president of The University of Texas
Medical Branch at Galveston and the chairman of the Anatomical
Board of the State of Texas be served process as provided by
Subdivision (3), Subsection (a), Section 107.002, Civil Practice
and Remedies Code.