Draper Utah Funeral Home Named as Defendant in "Brain in Bag" Case
In a scandal that has disturbed the entire nation; a complaint has now formally been filed in the District Court of New Mexico on January 4, 2010. As you may recall, relatives of a woman killed in a Utah car crash found her brain in the bag of personal affects. The lawsuit names several defendants including Serenicare Funeral Home of Draper Utah, DeVargas Funeral Home of New Mexico, and Inman Shipping Worldwide of Ohio. As of today, there are no lawsuits pending against the Utah State Medical Examiner’s office. According to the Rio Grande Sun News of New Mexico, the children and husband of the deceased woman “experienced shock, horror and great fear upon learning that Decedent’s entire body had not been buried.” Understandably, the family filed the a complaint stating this shock caused bodily injury, emotional distress, pain and suffering, loss of life’s enjoyment, and fear for themselves and the deceased.
On September 28, 2009, a woman (her name has yet to be released) was killed in a car accident while she was visiting relatives in Utah. She sustained severe head trauma that resulted in her death. After the Utah Medical Examiner performed the autopsy, the body of the deceased was moved to Serenicare Funeral Home. The deceased woman’s family had the remains shipped back home, to DeVargas Funeral of New Mexico for burial.
After the funeral, the deceased woman’s children noticed a foul odor coming from the bag of personal affects they had received from DeVargas Funeral Home. Inside, they found a bag labeled brain with rotting remains inside. After going through the devastation of losing a mother and wife in a terrible car accident, this family had to endure additional heartache and shock. Why was the body organ outside of the deceased?
In an interview with CBS, Dick Johnson, director of Serenicare Funeral Home, confirmed that it is standard procedure to not reinsert the brain of the deceased when the head of the deceased has sustained significant trauma. Since the deceased was to be buried in New Mexico, all of her remains would obviously be sent. He asserts that bag containing the brain was clearly marked and kept in a separate bag than the bag of the woman’s personal affects. If DeVargas Funeral Home had made a thorough inventory of the items and remains received this shocking tragedy could have been avoided. DeVargas Funeral Home refused to comment; however, they did mention that the agencies in Utah were responsible for this horrendous glitch in procedure.
I offer my deepest condolences to the family and friends of the deceased woman for their tragic loss and for their heartbreaking trials ahead. Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC know the Utah laws relating to wrongful death. While we cant bring your loved one back, we can provide your family with a sense of security and comfort through compensation from the parties responsible for your loss. Of equal importance is the change that a wrongful death suit can bring about. By diligently seeking justice for the loss of your loved one, you can help insure that others do not suffer the same untimely fate.
If you have lost a loved one as the result of the negligence of another we urge you to contact us online or call us at 801-506-0800 (Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.
