Abstract
In 2010 an article in the Canadian Journal of Anesthesia1 presented case reports of two patients who appeared to regain spontaneous respiration after they had been determined to be brain dead. The criteria used were those described in the recommendations from the Canadian Council for Donation and Transplantation2. The article was accompanied by an editorial3 that acknowledged the challenges faced by the physicians who determined that brain death had occurred, but concludes that in both cases several of the criteria were either misinterpreted or overlooked. However, it is clearly pertinent to ask if these reports have any implications for the clinical determination of brain death in Australia and New Zealand as described in the Australian and New Zealand Intensive Care Society (ANZICS) Statement on Death and Organ Donation4.