Jacobsen

Jacobsen v. Marin General Hospital

Good Law
192 F.3d 881
United States Court of Appeals for the Ninth CircuitSeptember 15, 1999No. 97-16139California2,762 words

Opinion

Lead Opinion

Moskowitz, J.

Karen and Hardy Jacobsen appeal the district court’s dismissal with prejudice of their claims against the Marin General Hospital (“Hospital”) and the California Transplant Donor Network, Inc. (“Network”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

BACKGROUND

The Jacobsens are citizens and residents of the Kingdom of Denmark. In 1995, their son, Martin Jacobsen (“Martin”), also a Danish citizen, was visiting the United States as a tourist when, on the morning of *884 October 4, 1995, the California Highway Patrol found Martin lying on the side of northbound 101, off of Alexander Bridge and south of the Waldo Tunnel in Sausali-to, California. He was unconscious and suffering from head trauma. Martin was taken to the Hospital and admitted at approximately 4:05 a.m. on October 4. At that time, Dr. Morris, Martin’s attending physician, noted “presumed homeless” and further noted that no I.D. had been made. At 8:25 a.m., the Network contacted the Marin County Coroner’s Office (“Coroner”) and requested a donation of Martin’s organs. The Coroner denied the request. At 9:00 a.m., a search began for Martin’s next of kin or other persons authorized to make or…

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