The blood brochure was written by the WTS. The WTS wrote the word "blood component" in 2 places, once in its legal section and once in a reprint of a JAMA article on pages 27-29 of a 31 page brochure.
Since blood components are a form of medical treatment, I think a reasonable person would think this important information would be contained in the medical information sections on pages 7 through 17 of the blood brochure.
While there is absolutely no law case that has ever dealt with the JW blood brochure, there are cases and legal theories in contracts and securities laws which hold that you can't "bury facts", especially important ones, in places where the reader is not likely to look for the information. This includes putting the information in the wrong section, at the end of a document, in small fonts, or on the back side of a paper. Buried facts has NEVER been used against the WTS or ANY religion that I know of. But, a creative judge who wanted to change the law as it applied to secular misrepresentations would "go down the hall [to UCC or SEC or contract theory] and borrow it" as my professors would say. Do courts borrow from other areas or stretch the law to make it fit? Yes, if it's the courts wish to get its result. (The right to get an abortion (kill fetus) is based on the right of a couple to get the pill (prevent fetus) (Roe v. Wade)).
In the legal section (page 18) it reads "Then, above the signatures of the physician and the patient, this form adds: "As a member of the religious body of Jehovah's Witnesses, I categorically refuse the use of foreign blood or blood components during surgery.......I request the needed surgery be performed without using foreign blood or blood components." We do not know if the Society supplied the German hospital with this form or the language to put onto the hospital form. Even if the German hospital wrote its own form, it illustrates the fact that most people, especially non-JWs, think that JWs do not take blood componetns. It is very similar to the wallet card which indicates that JWs do not accept blood components. That this was on a legal form and in the legal section makes it worse. It’s more authoritative of what is and is not to be done in a hospital setting. A blood brochure reader who stopped on page 18 would reasonably conclude that JWs do not take blood components. It was not in the medical section nor mentioned favorably in the legal section.
This JAMA reprint is on page 27 of the 31 page booklet (it is also in smaller font – but it is not unreadable). To me, “near omission” means just that....it's on page 27 & the WTS writes in one sentence that “However, Witnesses’ religious understanding does not absolutely prohibit the use of components such as albumin, immune globulins, and hemophilia preparations; each Witness mush decide individually if he can accept these.” Wow! Blood components solutions are allowed! Think the readers of the medical sections would appreciate this information? Think this important information is buried?
Skeeter1
