Kidneys from man who died in Kevorkian's presence unused

At a news conference at his attorney's Southfield office today, Kevorkian hit back at critics of the latest phase in his campaign for doctor-assisted suicide.

Kevorkian said six to 10 people die each day because of the unavailability of transplanted organs. He said the techniques used to remove and store the kidney of a 45-year-old Las Vegas man followed transplant protocols.

"What I'm advocating is totally moral in every aspect compared to what we do today," Kevorkian said.

Asked if he would remove organs from future assisted suicide clients, Kevorkian said: "I'll do what's right at any time."

The agency that coordinates organ donations in Michigan had said it would have nothing to do with the kidneys because it did not know whether the methods used to remove them met their standards, and the nationwide group said there was virtually no chance the organs would be used.

Kevorkian attorney Michael Schwartz said none of the 250 calls came from a transplant team. However, a registered nurse who helped field the calls said today that a call did come from a national transplant agency in Pittsburgh.

Karin Corbitt said the agency called about noon Monday - about 11 hours before Kevorkian said the organs' usefulness would end - and asked for details about the kidneys' removal and handling.

The agency requested to have information faxed but then changed its mind, said Corbitt, a Kevorkian associate.

On Monday, Oakland County Medical Examiner L.J. Dragovic said the body of Joseph Tushkowski was mutilated by whoever removed his kidneys for transplantation.

"They didn't remove his sweater. They just pulled it up, then cut the belly," Dragovic said. "This is not a situation to be compared with the highly skilled act of organ procurement surgery ... we're talking about a chopped-up body."

Dragovic ruled Tushkowski's death a homicide, as he does all deaths in which Kevorkian is involved. He said Tushkowski died by intravenous drugs and the body was mutilated after death.

Kevorkian, a retired pathologist whose medical license has been revoked, said Sunday the kidney removal followed all protocols for organ transplant, including sterile conditions and testing for various diseases.

Oakland County Prosecutor David Gorcyca said he couldn't file charges unless the investigation determined that the conditions under which the organs were removed violated state law. That probably isn't possible, given that Kevorkian and Tushkowski's family have refused to cooperate and the investigation likely will be closed, he said.

"We can all assume what may have occurred, but we can't prove it in a court of law," he said.

Gorcyca said Michigan law requires one doctor be present to pronounce an individual dead and another doctor to harvest the organs. The procedure also must be done in a licensed medical facility.

If it could be determined that those standards were not met, Gorcyca said, Kevorkian could be charged with mutilating a corpse, a felony.

Sen. William Van Regenmorter, R-Hudsonville, on Monday again called on the state House of Representatives to vote to put a bill that would ban assisted suicide in the state into effect immediately after Gov. John Engler signs it. Both houses of the Michigan Legislature have approved it, but the House refused to put it into effect immediately.

As written, the measure would take effect in April 1999.

"The vile prospect of organ harvesting should sound the alarm to every Michigan citizen," Van Regenmorter said.

Kevorkian has refused to say how or where the kidneys were being stored but had urged anyone interested in using the organs to call Schwartz's office.

Dr. Michael P. Kaplan, a transplant specialist with Wayne State University and Harper Hospital, said he would not have done the transplant and did not think any other doctor would have either because it would be impossible to guarantee the organs were removed under the proper conditions.

"Would you want that kidney?" he said.

Kaplan said his office took phone calls Monday morning from two patients interested in receiving the kidneys, but his secretary discouraged them from pursuing the idea.

"Let's assume I put one of those kidneys into one of my patients and it doesn't work. What's Jack Kevorkian going to do about it?" Kaplan asked.

Kevorkian's announcement about harvesting organs gives a false sense of hope to people desperately awaiting transplants, said Maurie Ferriter of the National Kidney Foundation of Michigan, himself a recipient of a kidney 12 years ago.

Said Ferriter, 46, of Lakeland: "There's a lot of people in need and I'm not sure this is doing them a lot of favors emotionally."

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