|Name of court
|Characteristics of plaintiff
(relation to the deceased)
|Approved damage (JPY)
|Feb 1, 2000
|Fukuoka HC, Miyazaki branch
|Nov 24, 2000
|Aug 30, 2001
|Feb 5, 2007
|Summary of courts’ decision on main issues
|Taking liver specimen from a corpse without informed consent
|Acquiring specimens without proper consent was illegal.
|The scope of informed consent about bone and bone marrow and duty to return specimens to plaintiff
|Proper informed consent was not acquired by defendant, who was required to return specimens such as paraffin-embedded tissue blocks to the plaintiff.
|Same as Case 3
|The defendant was not required to obtain specific consent for keeping bone and bone marrow samples beyond the consent to keep “organs.” The proper informed consent existed, and the specimens’ ownership was therefore considered to move from plaintiff to defendant.
|Misdiagnosis of pathological condition after anatomical autopsy
|The final diagnosis after autopsy was correct, and there was no breach of duty by the hospital.