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UC POLICE DEPARTMENT INVESTIGATION CONTINUES

Levey discusses Willed Body Program

In light of a UC Police Department investigation of the medical school’s Willed Body Program and the arrest of its director on suspicion of grand theft, UCLA Today Editor Cynthia Lee talked with Gerald S. Levey, vice chancellor of UCLA Medical Sciences and dean of the David Geffen School of Medicine, about the case and the steps being taken to correct problems uncovered by the university.

Q: How did this situation come to light?
A: This case of alleged misconduct was uncovered after UCLA medical school officials ordered an internal administrative investigation of the Willed Body Program. We were alerted by the Office of General Counsel in the University of California Office of the President last month about a letter it had received. The letter came from an attorney for Ernest Nelson, a private businessman from Alta Loma, who demanded payment from UCLA because Mr. Nelson said his business had been harmed when he had been required to return anatomical specimens to the university.

We immediately began our investigation of the program, which had been under the supervision of program director Henry Reid since 1997. When we determined that a crime might have been committed, we immediately notified the UC Police Department on Feb. 26, and the police opened a formal investigation four days later.

Their detectives are currently conducting an extensive investigation of these charges involving the alleged transfer of human remains for commercial gain. We have every confidence that they will be able to determine the facts in this case. We are committed to finding out the truth.

Q: Were UCLA authorities warned a year ago that there were possible problems with the Willed Body Program?
A: UCLA was notified about 13 months ago by both the California Department of Health Services and UCOP of concerns about possibly falsified serology (studies of blood to discern evidence of past infections) reports that Ernest V. Nelson was providing to his clients. In light of concerns about falsified serology reports, UCLA questioned Reid about his association with Nelson.

Based upon the information Mr. Reid gave us that a small amount of anatomical material had been reallocated to Nelson, we ordered Reid to retrieve all body parts given to Nelson and to sever ties with him. Reid reported that he had done as instructed, and he further led us to believe that the reallocation of material to Nelson had stopped some months before, when UCLA instituted a policy that halted the distribution of body parts outside of the university. The information we have to date indicates that Reid did, in fact, terminate his relationship with Nelson as instructed, and thus no additional material was reallocated to Nelson since UCLA had been contacted by the Department of Health Services and UCOP regarding falsified serology reports.

Q: What has been the reaction at the medical school to recent developments?
A: To say the least, shock and great distress. I know that students, faculty and staff all over the campus share my anger and dismay about what has happened. The actions of these individuals who betrayed our trust are an insult to our academic values and demean the many good works of faculty, staff and students on this campus. These revelations undermine the trust the families of donors have placed in us. And for that, I offer these families my sincere and heartfelt apology for the anguish this has brought them.

It has always been our intent to treat our donors’ remains with the dignity and respect they deserve. Their contribution goes beyond measure. These donations come from the donors’ desire to support medical students and their education, and contribute to our efforts to develop medical therapies and techniques to improve our lives. For the past couple of years, our medical students have conducted a very moving ceremony to express their gratitude to donors and light candles in their memory. Their gifts to those learning to heal are never forgotten.

Q: What action has the UC Police Department taken so far?
A: The police department, which contacted the Los Angeles County prosecutor’s office, has made two arrests. Mr. Reid was arrested March 6 and has been charged with grand theft. He has posted bond and was released from custody. Mr. Nelson was arrested March 7 on a charge of receiving known stolen property. He also has been released after posting bond. Both men face court dates. The police department has also executed search warrants at the homes of both men, as well as at the office of the Willed Body Program in the Center for the Health Sciences.
Since this is an ongoing investigation, we have been cautioned by the police not to divulge specific details so as not to jeopardize their efforts to establish the facts in this case. So we are cooperating fully with the police department.

Q: What action has the medical school taken since initiating the investigation into the program?
A: We’ve taken immediate action because of the seriousness of these allegations. Former Gov. and Attorney General George Deukmejian has been asked to oversee an independent reorganization of the willed body programs systemwide and to provide rigorous audit and oversight to ensure that this kind of misconduct will never happen again. And he has agreed to play this vital role.

On March 9, we temporarily suspended the program to make sure that proper policies and procedures are put in place. In the meantime, we are continuing our investigation into how these individuals were able to avoid detection of their illegal activities prior to February 26. We truly believe that we had policies and procedures in place with strong administrative and audit oversight over the program. Unfortunately, it may be impossible to stop people who are intent upon breaking the law. We intend to review our procedures with an open mind to see if they can be improved.

We also want to share with concerned relatives whose family members donated their bodies to UCLA as much information as the authorities allow us to. We’re encouraging family members to call the medical school at a special hotline we’ve set up, (866) 317-6374, or e-mail access@mednet.ucla.edu with their contact information, donor’s name and year of death. We have also set up a Web site, www.ucla.edu/willedbody, with more information. So far, we’ve received more than 200 calls from concerned individuals.

Q: Can you tell us about the Willed Body Program and its role in the medical school?
A: The UCLA School of Medicine was founded in 1950, the same year it established the program. Each year, an average of 175 people donate their bodies to the program. This generous gift not only makes it possible for medical students to learn from one of the most important courses in the first-year medical curriculum — the study of anatomy — but it enables health science researchers to make lifesaving breakthroughs for which this campus is internationally renowned.

Virtually every department of the Center for the Health Sciences depends on human cadavers to develop new, lifesaving medical procedures and help train surgeons. You name it — cardiology, liver transplantation, ophthalmology, orthopedics, oral surgery and many other medical specialties rely on this invaluable gift of a willed body. The surgical techniques that are being used today to save lives were first rehearsed and perfected on cadavers before doctors performed these techniques on living patients.

Q: What kinds of policies were in place in the Willed Body Program during the time Reid was in charge? Could specimens be legally transferred to other entities?
A: Until about one year ago, UCLA did permit temporary reallocation of anatomical specimens to legitimate educational and research entities. Such reallocation was, and remains, appropriate. In order to add extra assurance that specimens would only be made available to proper educational and research entities, the medical school made a decision 15 months
ago not to reallocate them outside the UCLA campus.

If there was a request for a specimen for legitimate teaching or research purposes, the person requesting the item was required to fill out a requisition stating that specific purpose. Mr. Reid was instructed to track all materials and see to their return for ultimate disposition by the program. In light of the alleged deceptions that occurred involving Reid and Nelson, all done without our knowledge, we are, of course, taking a very close look at our procedures and policies.

Q: Will the temporary suspension of the program prevent medical students and researchers at UCLA from going forward with their work?
A: Let me back up a bit and give you some background. The suspension was incorporated in a temporary restraining order issued March 9 by Los Angeles Superior Court Commissioner Bruce E. Mitchell. He is presiding over a lawsuit brought by a group of plaintiffs who are suing the university over its Willed Body Program involving a 1993 case. That case resulted from a discovery that cremated remains were being disposed of improperly.

When plaintiffs in that lawsuit asked for an injunction that would have placed the court in control of the program, UCLA brought a motion against the injunction because we were assured by Mr. Reid that the program was running well. So the commissioner ruled in our favor and was going to sign an order to that effect.

But once our investigation uncovered serious problems with the program, we felt ethically bound to notify the court of our suspicions and ask him not to sign the order. We voluntarily withdrew our motion. We now have a court hearing before Commissioner Mitchell for April 13 on the plaintiffs’ motion for a preliminary injunction in that case.

According to the terms of the commissioner’s court order, cadavers currently being used in the gross anatomy lab to teach medical students will remain available to them for the rest of the school year so that they can finish their courses. We are truly appreciative of the court’s acknowledgement of our educational mission.

Other cadavers already given to the program but not currently in use will remain here at the medical school. No other willed bodies will be accepted, pending further developments.
As for researchers, this may indeed have some impact on their ability to continue current scientific and medical research endeavors.

Q: UCLA is not alone in its efforts to achieve stricter oversight of its Willed Body Program. In the past, other university medical schools have experienced similar problems. Are you confident that UCLA can safeguard the integrity of its program?
A: I am confident that with the help of the investigations and reviews now in place, we can implement better procedures to assure that the Willed Body Program is again functioning properly.

We owe it to our medical students, who need the hands-on experience, and to our faculty researchers who require access to human cadavers to do their lifesaving work. But, most of all, we owe it to our donors and their families, who have given us this precious gift to make a positive contribution to medicine.