To address recent lawsuits that question whether the persistent of hormonal functions is consistent with death by neurologic criteria (such as the case of Jahi McMath), we proposed specific mention in a UDDA that loss of hormonal functions is not required for declaration of death by neurologic criteria.

We believe that the concept of brain death, though flawed in its present application, can be preserved and promoted as a pathway to organ donation, but only after particular changes are made in the medical criteria for its diagnosis.

In recent years, court cases and scholarly articles have increasingly highlighted discrepancies between the legal definition of death in the United States and the medical diagnostic standards for determining brain death. It has become clear to many that the 40-year-old Uniform Determination of Death Act, the legal standard, should be updated.