San Diego, Christian Kyle B.

ETH 101

BSP 2D

CASE OF THERESA ANN PEARSON

Consider the true story of Theresa Ann Campo Pearson, also known
simply as Baby Theresa. Suffering from a congenital birth defect
called anencephaly, Theresa was born without a brain. She had a
brain stem, which controlled her breathing and heart rate, but she
lacked the brain structures required for higher function like emotions,
memories, personality, and preferences. Baby Theresa could not even
feel pain, because although she had nerves in her body, these nerves
were not connected to anything; thus, there was nothing in her that
could say touch. Baby Theresa would never even know that she
existed. Like most anencephalic, Theresa was likely to die a few days
after birth. Theresa’s lungs and heart were functioning on their own,
her death would be slow; she would starve to death over a period of
days, and her organs would be rendered useless for transplant in the
process. Learning this, Theresa’s parents petitioned the doctors to
harvest her organs while she was still alive. Doing so would bring
about Theresa’s death, but it would also save the lives of many
others.

QUESTIONS:

1. Taking into account the Philippine law, its cultural and moral
standard, what is the right thing to do in this situation if you
are in the place Theresa’s parents, and why?
2. Is it moral to harvest the organs and killing Theresa? Or is it
better to respect Theresa’s right to life
3. List possible alternatives and the consequence of their
actions/ legal implications i.e., that of parents, doctor,
 recipients of organs, of their actions etc. Justify your
answers.

You may use English or Filipino as your answer.

Answers:

1. In the Philippines, there are different standards that can be applied in the case study of Theresa
Ann Pearson. According to the Republic Act No. 7170, donations of organs and tissues from
brain-dead donors are permitted. Several studies have shown that anencephalic babies have a
significantly very high chance of dying in their first year of life. This is due to the lack of
structures in the brain that helps the baby to survive. In relation to the case of Theresa Ann
Pearson, if Philippine law is applied, the parents have the right to give consent in organ and
tissue donation. There will be no criminal liability for claims regarding this organ donation. On
the other hand, regarding the cultural and moral standards in the Philippines, this act is
incompatible with the dominant values of Christian morality; to be specific, its reverence to life
as a gift of God.

2. In my own belief, the moral thing to do is to respect Theresa’s right to life and to let the
natural process end her life. Humans should die with dignity. We should try our best to care and
give mercy to the patient without inducing death as an answer. I believe that it is morally wrong
to kill someone especially when he/she cannot even defend himself/herself. Taking advantage of
a defenseless, living person is just cruel and not merciful at all.

3. a. Scenario 1

Alternative: The doctors continued harvesting Theresa’s organs as permitted by her parents.

Consequences: The organs harvested might save the lives of other people. Parents may feel a
sense of purpose or the pregnancy would at least have some value as they helped to save other
people’s lives. The recipients of organs as well as their family may feel very grateful and feel
sorry for the parents’ loss.

Legal Implications: In the Philippines, organ donation from deceased people or brain-dead
donors is permitted. The parents and the doctors will not have criminal liability since RA 7170
protects their rights regarding this organ donation.
The Republic Act No. 7170, donations of organs and tissues from brain-dead donors are
permitted. Anencephalic babies can be considered as brain-dead as it lacks the brain structures
required for higher body functions and they will most likely to die in their first year of life.
However, international sharing of organs should be subject to approval by the Department of
Health (DOH).

b. Scenario 2

Alternative: The parents or the doctors refuse to harvest Theresa’s organs while she was still
alive.

Consequences: The parents will have time to await their daughter’s death and treasure these last
moments. The supposed recipients of organs cannot be determined if they will still live or not.
Doctors will also avoid malpractice if they are not experienced enough to do the procedure.

Legal Implications: Under the current laws in the Philippines, if the patient is not capable of
making health care decisions, the patient’s senior available next of kin may be asked if they
agree to give the organs and tissues for transplantation. They have the rights to refuse. Doctors
also follow the Code of Medical Ethics for respecting patient autonomy and no criminal charges
will be given to the parents or doctors.