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I imagine that her liver and kidneys were extremely taxed by the illness that she had since birth, and were not of "transplant quality". If her organs were in transplantable condition, and her family chose not to donate, that's another issue entirely. But, I think that if she was in critical condition for such a long time, those major organs could not be used.
I wouldn't be too surprised if Duke decides to settle out of court. Regardless of the "greediness" of the family, the staff made a horrible horrible mistake that was based out of negligence. We can be damned sure this won't happen again.
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