McFall v. Shimp
Pennsylvania Court of Common Pleas
10 Pa. D. & C. 3d 90 (1978)
Robert McFall (plaintiff) needed a bone-marrow transplant, likely from a close relative, in order to live. A search revealed that the only compatible donor was McFall’s cousin, David Shimp (defendant). Even though healthy bone-marrow donors were generally able to regrow their marrow after donating, Shimp did not agree to donate his marrow to McFall. Shimp said that he was concerned about anesthesia, lasting aches and pain, and whether chemical exposures at work might have impaired his ability to regenerate his marrow. McFall sued to compel Shimp to submit to further testing and to donate his bone marrow to McFall. McFall argued that society may infringe on a person’s bodily security if that is the only way to save another person’s life.
Rule of Law
Holding and Reasoning (Flaherty, J.)
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