80R7322 SKB-D

By: Kuempel H.C.R. No. 112

CONCURRENT RESOLUTION

WHEREAS, Annabelle Whitinger, John Whitinger, Erica De La Garza, Victoria Cruz, and Margaret Whitinger 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 Section 691.028(a), 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 an individual 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 have been greatly distressed and anguished by The University of Texas Medical Branch at Galveston's failure to return the ashes of their family member and are entitled to recover damages; and

(9) family members of other individuals who willed or donated bodies to The University of Texas Medical Branch at Galveston's Willed Body Program 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, and Margaret Whitinger 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 $2 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 Section 107.002(a)(3), Civil Practice and Remedies Code.