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  1. The Unified Brain-Based Determination of Death Conceptually Justifies Death Determination in DCDD and NRP Protocols.James L. Bernat - 2024 - American Journal of Bioethics 24 (6):4-15.
    Organ donation after the circulatory determination of death requires the permanent cessation of circulation while organ donation after the brain determination of death requires the irreversible cessation of brain functions. The unified brain-based determination of death connects the brain and circulatory death criteria for circulatory death determination in organ donation as follows: permanent cessation of systemic circulation causes permanent cessation of brain circulation which causes permanent cessation of brain perfusion which causes permanent cessation of brain function. The relevant circulation that (...)
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  • An Ethics Committee’s Evaluation of Normothermic Regional Perfusion (NRP) in 2018–Unsatisfactory Answers Then—and Now.Arthur R. Derse - 2024 - American Journal of Bioethics 24 (6):34-37.
    An adult university hospital ethics committee evaluated a proposed TA-NRP protocol in the fall of 2018. The protocol raised ethical concerns about violation of the Uniform Determination of Death Act and the prohibition known as the Dead Donor Rule, with potential resultant legal consequences. An additional concern was the potential for increased mistrust by the community of organ donation and transplantation. The ethics committee evaluated the responses to these concerns as unable to surmount the ethical and legal boundaries and the (...)
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  • Ethical and Equity Guidance for Transplant Programs Considering Thoracoabdominal Normothermic Regional Perfusion (TA-NRP) for Procurement of Hearts.Denise M. Dudzinski, Jay D. Pal & James N. Kirkpatrick - 2024 - American Journal of Bioethics 24 (6):16-26.
    Donation after circulatory determination of death (DCDD) is an accepted practice in the United States, but heart procurement under these circumstances has been debated. Although the practice is experiencing a resurgence due to the recently completed trials using ex vivo perfusion systems, interest in thoracoabdominal normothermic regional perfusion (TA-NRP), wherein the organs are reanimated in situ prior to procurement, has raised many ethical questions. We outline practical, ethical, and equity considerations to ensure transplant programs make well-informed decisions about TA-NRP. We (...)
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  • Restoring the Organism as a Whole: Does NRP Resurrect the Dead?Emil J. N. Busch - 2024 - American Journal of Bioethics 24 (6):27-33.
    The introduction of normothermic regional perfusion (NRP) in controlled donation after circulatory determination of death (cDCDD) protocols is by some regarded as controversial and ethically troublesome. One of the main concerns that opponents have about introducing NRP in cDCDD protocols is that reestablishing circulation will negate the determination of death by circulatory criteria, potentially resuscitating the donor. In this article, I argue that this is not the case. If we take a closer look at the concept of death underlying the (...)
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  • Inconsistency between the Circulatory and the Brain Criteria of Death in the Uniform Determination of Death Act.Alberto Molina-Pérez, James L. Bernat & Anne Dalle Ave - 2023 - Journal of Medicine and Philosophy 48 (5):422-433.
    The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...)
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  • Shouldn't Dead Be Dead?: The Search for a Uniform Definition of Death.Ariane Lewis, Katherine Cahn-Fuller & Arthur Caplan - 2017 - Journal of Law, Medicine and Ethics 45 (1):112-128.
    In 1968, the definition of death in the United States was expanded to include not just death by cardiopulmonary criteria, but also death by neurologic criteria. We explore the way the definition has been modified by the medical and legal communities over the past 50 years and address the medical, legal and ethical controversies associated with the definition at present, with a particular highlight on the Supreme Court of Nevada Case of Aden Hailu.
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  • Time for Federal Standards on Death Determination: The National Determination of Death Act.Thaddeus Mason Pope - 2024 - American Journal of Bioethics 24 (1):111-113.
    Ariane Lewis offers a comprehensive and expert review of ethical issues raised by brain death in the United Kingdom and how they compare to management of those issues in the United States (Lewis 20...
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  • Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act.Ariane Lewis, Richard J. Bonnie, Thaddeus Pope, Leon G. Epstein, David M. Greer, Matthew P. Kirschen, Michael Rubin & James A. Russell - 2019 - Journal of Law, Medicine and Ethics 47 (S4):9-24.
    Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation (...)
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