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Issue date: 4/10/08 Section: News

Documents sealed in lung cancer lawsuit

Julia Harte

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On Monday, a judge sealed documents that reveal the identity of the person whose lungs Tony Grier received during a transplant at the Hospital of the University of Pennsylvania two years ago.

The lungs were cancerous and eventually killed Grier. His mother, Emma Grier, is now suing HUP.

In Monday's order, Pennsylvania Eastern District Court judge Barclay Surrick directed lawyers and parties interested in the case to "not disclose identifying information of the donor or the donor's family members" until further notice.

Surrick's decision came after telephone conversations with attorneys for both sides.

HUP's attorneys in the case were unavailable for comment.

Dawn Jackson, the lawyer representing Emma Grier, said she could not discuss the sealing of the documents until next Tuesday, when both sides will meet again in court to address what Surrick called "the issue of disclosure of confidential information."

Gift of Life is the donor program that provided the donor's medical background to the transplant team at HUP and coordinated the donation.

Earlier in the week, the president of Gift of Life told The Philadelphia Inquirer that his program was no longer a party to the suit.

But that is contingent upon whether Surrick accepts an amendment to the original complaint.

If Surrick approves the amendment - which was filed in December - Gift of Life and Lancaster Hospital, which provided the lungs to Gift of Life, would be added to the list of defendants.

The amendment would also expand the list of charges against defendants to include "assault and battery," "intentional or negligent misrepresentation" and "lack of informed consent."
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