Family gets chance to sue after mom declared dead too early

The family of a woman who was briefly found to be alive after being declared brain dead and taken to an organ-donation center can try again to sue over the mistake.

A trial court improperly dismissed the lawsuit by the estate of Paula Denison against two doctors and the Mississippi Organ Recovery Agency, the Mississippi Supreme Court ruled, although Denosin’s daughter Brooke has no case for bystander emotional damages.

Paula Denison was taken to the emergency room of Anderson Regional Medical Center (Anderson) in Meridian in March 2022 and declared brain dead at around 4:45 p.m. Dr. Dustin Shea Allen declared her legally dead at 6:51 p.m. and her family agreed to donate her organs.

Denison was transported to MORA that evening, but by 7 p.m. the following day Denison began “showing medical signs inconsistent with human death” including spontaneous breathing, a reactive pupil and gag reflexes.

The transplant center contacted Anderson Medical Center but not Denison’s family and sent her ba...