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Brooks Schuelke
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Texas Man Sues After Implant of Stolen Bone

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In one of the more unusual medical malpractice cases you’ll hear about, a North Texas man has filed suit against several companies alleging that a bone implanted in his neck was stolen from a corpse.

James Livingston, 44, of Weatherford, does not seek a specific monetary amount in his suit filed in New York last month against Minneapolis-based Medtronic Inc. for fraud and negligence.

“How can you sell parts out of a body, just like parts from a stolen car?” Livingston said.

New York authorities believe Mastromarino, owner of now-defunct Biomedical Tissue Services, made deals with funeral directors to remove bones, tendons and heart valves from corpses without notifying their families or screening for disease. He has pleaded innocent to charges that include a felony punishable by up to 25 years in prison.

So far, Mr. Livingston has not shown any signs of illness. But he’s obviously concerned about his future health. As he says:

My biggest concern is: Nobody really knows. And there’s a part of me that really does want to give that bone back.

Austin news station KXAN has more on this case of negligence and fraud.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.