Ryan DeBoef


In 1968, the Uniform Law Association ("ULA") adopted the Uniform Anatomical Gift Act ("UAGA"). 2 In seeking to promote anatomical gifts, 3 the UAGA immunizes medical personnel who procure human tissue, organ, and bone. Legislatures in all fifty states have since enacted some form of the UAGA. 4 Many state courts interpreted their respective UAGA immunity provisions long ago.' But, until recently, Missouri courts had not yet had the opportunity to interpret Missouri's UAGA immunity provision. In Schembre v. Mid-America Transplant Ass'n,6 Missouri's Eastern District Court of Appeals addressed Missouri's UAGA immunity provision for the first time.7 This Note explores the methods and analysis employed by the Schembre court in implementing the UAGA's immunity provision. This note also dissects the policy underlying Missouri's immunity provision and concludes that the Schembre court sacrificed that policy when making its decision.

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