D. Alan Shewmon and the PCBEs White Paper on Brain Death: Are Brain-Dead Patients Dead?

The December 2008 White Paper (WP) on Brain Death published by the Presidents Council on Bioethics (PCBE) reaffirmed its support for the traditional neurological criteria for human death. It spends considerable time explaining and critiquing what it takes to be the most challenging recent argument opposing the neurological criteria formulated by D. Alan Shewmon, a leading critic of the whole brain death standard. The purpose of this essay is to evaluate and critique the PCBEs argument. The essay begins with a brief background on the history of the neurological criteria in the United States and on the preparation of the 2008 WP. After introducing the WPs contents, the essay sets forth Shewmons challenge to the traditional neurological criteria and the PCBEs reply to Shewmon. The essay concludes by critiquing the WPs novel justification for reaffirming the traditional conclusion, a justification the essay finds wanting.