I think tort law is really screwed up when people expect a big money award for any emotional, non-monetary damage that happens, whether obvious negligence is proved or not. People don't even ask whether actual blame is involve or not anymore. The first thought in any tragedy is lawsuits... who to sue and how much they can get. It costs all of us, this sue-happy crap, and cheapens real emotional loss, IMHO.
I agree with you on tort law reform - but this case is non-trivial.
Years ago, I considered signing the donor card on the back of my drivers license.
Then someone explained to me what it meant, under current law, and I decided no way in hell.
Because as it stands, someone can keep your head as a sextoy in a shed for ever, and it ain't even illegal, in VA.