RICHMOND, Ky. (FOX 56) -- A Kentucky family is looking for answers after a man was declared brain dead and being prepared to have his organs harvested while he was still alive.
Donna Rhorer said her brother is a shell of the person he used to be.
"TJ was an outdoorsman. He liked to be in the woods and he says his favorite thing was to watch the deer. He loved camping, hiking, all things outdoor, and everything," said Rhorer. "His life's been stripped away from him."
Her brother, 36-year-old Anthony Thomas "TJ" Hoover II, had his life change forever.
On Oct. 25, 2021, he was admitted to Baptist Health Richmond's Emergency Room. He was experiencing cardiac arrest and was deemed code blue, meaning he was in critical condition and needed immediate medical attention.
"We were told TJ had no reflexes, no responses, no brainwaves, no brain activity. And we were told that on the 26, 27, 28, 29, and the 27. We made the decision as a family to remove him from life support because, you know, he was brain dead."
Because of that declaration, they decided to honor TJ's wishes as an organ donor.
"We had his honor walk, but almost as soon as his honor walk started, his eyes started to open, and not just open, he was checking around, looking to see what was going on," said Rhorer. "And we were told that was just reflexes, just normal instinct, and he's not there."
But that wasn't the case. In fact, he wasn't dead. He was very much alive.
"It's a matter of life and death. It's more than frustration. I feel like they were trying to choose my brother; they were going to sacrifice my brother's life to save how many other people."
Rhorer said doctors failed to inform her that her brother woke up during his heart catheterization that morning. She said if they knew that, they would have known he wasn't brain dead.
Rhorer said she didn't know about any of this until the beginning of this year, when Nyckoletta Martin, a surgical preservation coordinator, contacted her.
Martin was on first call for Kentucky Organ Donor Affiliates, or KODA, and was on her way to the operation room to take over care; that's when she received a horrifying phone call.
She was told TJ was thrashing around, crying, trying to pull his teeth out, and pushing everybody's hands away.
"They were trying to prep and drape him for surgery, and it's kind of crazy, but the doctors decided they were absolutely not going to do this case," said Martin. "The KODA coordinator that was on site that day actually called KODA's admin for some guidance and was told, 'You will find another surgeon or you'll lose your job because we're going to complete this case."
She said nobody, not even TJ himself, could believe what was happening.
"TJ has a lot of short-term memory problems [from the surgery], but TJ knows what happened. TJ says, 'Why me? Why did they want my organs?' And TJ feels guilt still about he did not die so that people could get his organs to save their lives," said Martin. "That's horrific to me. Nobody should ever be put in that position. That's not what his mission is about."
An unlikely bond was formed between Martin and Rhorer. Now, they're both demanding answers.
"When TJ woke up, why was he then sedated and paralyzed instead of taken back to the ICU immediately to have a repeat neuro exam? Why was TJ's life not honored and he treated like a patient?" added Martin. "Everybody wants to believe this is an isolated incident, and it's not. And it seems very shocking. You have to be able to trust those people taking care of you, and in this case, TJ's life was literally in their hands. So where is the trust there?"
The Kentucky Attorney General's Office is now looking into this case.
"Our office has been in contact with advocates and members of Kentucky's federal delegation regarding this horrific allegation. In collaboration with our Kentucky law enforcement and prosecutorial partners, we will continue reviewing the facts to identify an appropriate response," Kentucky Attorney General Russell Coleman said in a statement.
Network for Hope also released a statement about the incident.
"Regarding a potential organ donation case in Kentucky, Network for Hope, as well as our prior entities, Kentucky Organ Donor Affiliates (KODA) and LifeCenter Donor Network, reiterate that we prioritize the care of our donors and their families while strictly adhering to all applicable laws and national guidelines set by regulatory bodies such as the Organ Procurement and Transplantation Network and the Centers for Medicare and Medicaid Services. We have procedures in place, outlined by regulations and guidelines from the Organ Procurement and Transplantation Network and the Centers for Medicare and Medicaid Services, that strictly determine when organ donation is acceptable and steps to adhere to if the family decides to withdraw life-sustaining medical treatment for their loved one. The Donation after Cardiac Death (DCD) process involves patients whose care team expects them to pass away if life-sustaining treatments, such as a ventilator, are removed. It is very important to understand that an organ procurement organization (OPO) is not involved in patient care, and we do not declare death. OPOs only have the authority to proceed with organ recovery after a patient's independent healthcare provider has declared death. At any time, if a patient's condition improves or a death declaration does not take place, the family is informed that the donation cannot take place, and the OPO team does not proceed with organ recovery. This process is imperative to ensure the integrity of the death declaration, the donation procedure, and the protection of the donor. OPO staff are trained to respect and protect the dignity of donors and their families and to report any concerns and irregularities about the process immediately if they occur. While we cannot discuss specific case details, we are concerned by the way this case has been misrepresented. We regularly review our internal practices and remain committed to fulfilling our mission of saving lives through donation while respecting and caring for donors and their families, as well as prioritizing patient safety.
We stand firm in our dedication to transparency throughout the donation process and to the
highest standards of practice, as these are essential to maintaining public trust and ensuring the
efficacy of the organ donation system.
"The more that comes out, it's still shocking for me," said Rhorer. "And I'm living it. You know, it's everyone else's story -- it's our reality."