To Keep a Brother

Leon Masden, 19, of Shepherdsville, Ky., suffers from chronic glomerulonephritis. a severe kidney disease. Leon has lost 98% of his kidney function, suffers also from congestive heart failure, high blood pressure, anemia. His only chance of survival, say the doctors, is the transplant of a kidney from his healthy twin brother Leonard. Such transplants have been made successfully three times by surgeons at Boston's Peter Bent Brigham Hospital. (Use of an identical twin is necessary to avoid the risk of hostile antibodies developing in the recipient's system.) But in the case of the Masden boys, the problem is not only medical but legal. Unlike the earlier cases, the Masdens are minors. Argue the lawyers: not even the boys' mother could give legal consent to "an invasion" of Leonard's person for the sake of Leon.

To establish a precedent for U.S. courts, Leon's Boston doctors went to the Massachusetts Supreme Judicial Court, allowing themselves to be named as defendants, the Masdens as plaintiffs.

"If the operation is not performed." testified Dr. Warren Guild, "it is my opinion that Leon Masden will die. It is difficult to say when." Urologist J. Hartwell Harrison admitted that as a result of the operation. Leonard would be "like an automobile without a spare tire" if he later suffered an infection or traumatic injury of his one good kidney. Leonard readily volunteered to undergo this risk. Added Psychiatrist Christopher Standish: "If this operation is not performed. Leonard will suffer a severe emotional jolt. He will realize that it had been within his power to save his brother's life."

Ruling for the court last week. Associate Justice Edward A. Counihan Jr. decided that Leonard's future well-being would be more benefited than not by helping his brother, allowed the doctors to proceed "without incurring any civil liability to Leonard or any criminal prosecution." The doctors plan to operate as soon as further medical tests are completed.

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