The Medico-Legal Need for a Cryonics-Friendly Autopsy

1. The Medico-Legal Need for a Cryonics-Friendly Autopsy 9th Annual Colloquium on the Law of Futuristic Persons December 10, 2013 Lori Rhodes, Legal Researcher Terasem Movement, Inc.

2. Everyone dies, or do they? I am resolute in my advocacy for cryonics. Contrary to what one may think, I am NOT currently a member of a cryonics organization, but I firmly believe in a person’s right to elect cryopreservation. What fuels my belief? I am the daughter of a Funeral Director; raised in a household where death was a frequent topic. I learned at an early age that most people prefer to remain selectively ignorant of dying, death, funerals, or the like until they or a loved one are on the brink of death. In this technological age, where science fiction can quickly become science fact, NOW the time to consider certain options ~ later may likely to be, too late. Credit: Public Domain, Simmler Death of Barbara Radziwiłł

3. Cryopreservation Related Facts: • Cryopreservation is the process of freezing an organic substance at sub-zero temperatures, • suspending harmful or damaging cellular or chemical activity. • Upon electing cryopreservation, the law allows a person to donate his/her neuro (head) • or full body to a designated cryonics organization by completing a Uniform Anatomical • Gift Act1 Form (these forms vary per US state/territory). • A cryopreservation may be waylaid, compromised or even prevented by a forensic autopsy, • routinely performed when a person dies suddenly, foul play is suspected, or the cause • of death is not known. • The circumstances of legal death vary greatly and carry an approximate 7% chance that a • forensic or medico-legal autopsy will be performed. (Stats based on reported deaths in 20032) • Though adhering to the directives of a decedent is ethically, traditionally and legally • enforced, there are currently no legal or regulatory bodies in place to prevent a coroner or • medical examiner from performing an invasive autopsy on a member of a cryonics • organization (Members of a cryonics organization are commonly called cryonicists). • Costly and avoidable litigation within our judicial system is an continuing result of the • absence of such law. 1 U.S. Uniform Anatomical Gift Act http://anatomicalgiftact.org/DesktopDefault.aspx May 12, 2010 2:05PM EST 2 Hoyert DL, Kung HC, Xu J. Autopsy patterns in 2003. National Center for Health Statistics. Vital Health Stat 20(32). 2007, 8. http://www.cdc.gov/nchs/data/series/sr_20/sr20_032.pdf May 12, 2010 1:39PM EST

4. Issues • Of the 2000+ current members of cryonics organizations, a recent survey1 • indicates 1 in every 17 cryopreservations, as many as 142, may be compromised • or prevented by a forensic autopsy. • Waylaying the cryopreservation process will result in cellular degradation • and a less-than-optimal cryopreservation. • A less-than-optimal cryopreservation will result in the need for greater strides in • medicine and technology before a revival is possible or perfected. • Thwarting a forensic autopsy is paramount to a member of a cryonics • organization2. • Having or proving a religious objection to autopsy may not be enough. • Is there an option if a forensic autopsy is legally necessary? 1 http://www.cryonics.org and http://www.alcor.org 2Alcor Life Extension Foundation v. Richardson, 2010 Iowa App. LEXIS 422, No. 0-098/09-1255 (Iowa Ct. App. May 12, 2010)(available at http://www.alcor.org/Library/pdfs/RichardsonCase.pdf); and In re Robbins, No. 2010PR149 (Colo D.C. Mar 1, 2010 - available at http://www.alcor.org/Library/pdfs/Alcor-RobbinsSettlement.pdf).

5. Analysis: Credit: http://www.virtopsy.com Credit: Public Domain • Thwarting a forensic or medico-legal autopsy is equally important to the • cryonics organization and members. • Donation of a decedent’s full body or neuro should be treated with the identical • or greater medical and legal urgency and respect as organ donation; both are • life saving measures. • If a forensic or medico-legal autopsy cannot be stopped by a decedent’s next • of kin, legal representative or by proof of religious objection, then a virtual • autopsy or virtopsy, one that employs scanning vs invasive and time-consuming • dissection, should be requested or demanded. 1Thompson v. Deeds, 93 Iowa 228, 231, 61 N.W. 842, 843 (1895).

6. Scanning vs Dissection • Since 2000, virtopsies (virtual autopsies) have been routinely performed during • forensic investigations as a ‘minimally-invasive and observer-independent’ • procedure’. • “[D]igital imaging data can be stored permanently and may be re-examined at • any time if a second opinion is required.”1 • In a court of law, “Virtopsy provides excellent tools for crime and accident • reconstruction, including 3D depictions of internal injuries, 3D true color • representations of surface injuries and even 3D scaled models of entire crime • scenes and events. The Virtopsy approach reproduces critical forensic evidence • in an unbiased and comprehensible fashion, suitable for presentation as • evidence to laypersons and legal professionals.”2 • “Replacing autopsy with postmortem imaging will shift the cost burden rather • than solve budgetary problems.”3 • Most Coroners (political in position) and Medical Examiners (M.D.s, usually • pathologists) believe the virtual autopsy a suitable substitute to the traditional • autopsy. 1http://www.virtopsy.com/about-virtopsy.html 2 id. 3 Burton,E.C.,MD; and Mossa-Basha, M., MD. (2012). To Image or to Autopsy. Annals of Internal Medicine, p. 158. http://annals.org/article.aspx?articleid=1033303&resultClick=3

7. Possible Solutions • Existing case law is persuasive in a strict adherence to a person’s cryopreservation • wishes as stated within Thompson v. Deeds, 93 Iowa 228, 231, 61 N.W. 842, • 843 (1895), it is the “duty of the courts to see to it that the expressed wish of one, as to • final resting place, shall, so far as it is possible, be carried out”1. • Prudence dictates a cryonicist’s openness with his/her physician regarding their • cryopreservation directives or wishes, thus a thorough preparedness plan should include • discussing the preference of a virtopsy over autopsy with one’s physician, should one be • deemed necessary by a Coroner. • A Coroner is a government official, thus petitioning his/her office may assist in lobbying • the legislature and/or the US Department of Health and Human Services (the regulatory • agency overseeing the handling and disposition of human remains) toward protecting • the rights of cryonicists in their desire not to be autopsied, but if necessary, to be • virtopsied; allowing the chosen cryonics organization to receive an anatomical neuro or • full-body donation in a most expeditious and least invasive manner.

8. Conclusion: • Bring to the medical and legal forefronts, by petition and lobbying, the need • for a virtual autopsy to be routinely and expeditiously performed on a • decedent whose express wish it was to be cryopreserved. • Quick release of the neuro or full body of a cryonicist by a coroner or medical • examiner will allow the donor organization to honor its contractual obligation • to the cryonicist, honor the rights and wishes of the cryonicist and allow • for the most optimal crypreservation. Thank you. Disclaimer: Though I am a legal professional I am not an attorney, thus none of the content of this PPT is to be interpreted or viewed as legal advice.