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McFall v. Shimp Curran v. Bosze. Jennifer Ganesh Law Values and Public Policy STS 2400. McFall 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. - PowerPoint PPT Presentation
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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