NM Family Sues Funeral Home Over Brain in Bag

[pissedoff01]

http://abcnews.go.com/US/wireStory?id=9497020

NM Family Sues Funeral Home Over Brain in Bag
NM family sues after funeral home sends mother's brain in bag of personal effects
By TIM KORTE Associated Press Writer

January 6, 2010 (AP) - A New Mexico family is suing after making a gruesome discovery — a bag of personal effects given to them after their mother's death contained her brain. Funeral homes in New Mexico and Utah, where the woman died, are blaming each other for the mistake.

"This is just a sad tragedy," plaintiffs attorney Richard Valle said Wednesday. "This almost feels like something you'd read about in a Stephen King book."

The Albuquerque Journal first reported about the lawsuit, filed Monday in state District Court in Albuquerque. According to the complaint, the woman's relatives "smelled a foul odor coming from the bag" they received from DeVargas Funeral Home and Crematory of the Espanola Valley. The woman, identified by her initials M.F.R., died in a car accident in Utah on Sept. 28.

Funeral home owner Johnny DeVargas didn't immediately return telephone messages seeking comment but denied any fault and told the newspaper a Utah funeral home was responsible. "All I can say is DeVargas did absolutely nothing wrong," DeVargas said. "The family was very meticulously cared for and they were very pleased with our service."...

[GreenPartyVoter]

1. That poor family. What a shock!

[rd_kent]

2. Why does EVERYONE always have to sue? Honest mistakes should be forgiven.

Lawsuits should happen only if harmful/willful negligence or injury. THIS is not lawasuit-worthy IMO.

[yurbud]

3. what is the line of thinking that puts her brain in the same bag as her jewelry and dentures?

[rd_kent]

6. I never said it was not a stupid thing.

Just that its not something to sue over.

[jgraz]

4. Are you fucking kidding me?

They sent the MOTHER'S BRAIN home in a bag. How much more emotional trauma does a business need to inflict on an individual before their pain is "lawsuit-worthy"?

[rd_kent]

7. No I am not fucking kidding you.

[jgraz]

12. So what, in your opinion, would the funeral home have to do to merit a lawsuit?

Would they have to send mom's face home in a bag? Her whole body?

These kinds of egregious mistakes are why we have a civil court system. If you don't think people have a right to sue for something like this, you might as well just deny individuals the right to sue at all.

[rd_kent]

13. You want me to speculate on what COULD happen and then knock down a strawman for you? No thanks.

[jgraz]

16. In other words, you just popped in to promote another right-wing meme with no rational support.

OK, good to know.

(BTW, you may wish to look up "straw man". It doesn't mean what you think it means.)

[rd_kent]

18. Oh look, another strawman. Do you get them in bulk or what?

[jgraz]

19. Could someone please explain to this poor soul the meaning of the word "straw man"?

I'd do it, but I'm too entertained watching him make a fool of himself.

Edit: Ooh, sorry, was that another "straw man"? :rofl:

[rd_kent]

23. Sorry, you're right. Your ad hominem attacks had me flustered.

Regardless of my misuse of a word, all you have managed to do is make yourself look like an ass. I can admit when I make a mistake or am wrong about something. I won't hold my breath for your self-perceived perfection to break down.

[jgraz]

25. Could someone please explain to this poor soul the meaning of the word "ad hominem"?

You're batting 1000, sport.

[Bluebear]

28. well that did shut him up.

[jgraz]

32. He should know better than to step out of the gungeon.

Those guys can't argue a point without the rest of the monkeys around to fling poo.

[Maru Kitteh]

34. Even Michael Jordan doesn't have enough free socks to make his/her silly shit look legitmate.

I'll just leave it stand at that.

[Ignis]

31. Classic!

[Maru Kitteh]

35. what would merit a lawsuit? Do tell?

[Lance_Boyle]

15. emotional trauma? prove it. show us a proper medical diagnosis.

I'd laugh this shit out of court, and it is part of this country's great shame that a lawyer (once a proud profession, mind you) agreed to take on this moneygrubbing, lawsuit-abusing travesty of a case.

[jgraz]

17. You'd laugh it out of court? Are you a judge?

Cuz if you were, you'd know that any such lawsuit would almost certainly be accompanied by reports from licensed psychotherapists attesting to emotional trauma.

See, that's one of the reasons you have lawsuits. So you can *prove* things. :eyes:


Have you even actually *been* in a courtroom?

[dmr]

21. You wouldn't even need the professionals to explain emotional trauma

Any judge or jury wouldn't need help explaining how traumatizing it would be to get a package of smelly brains.

And on top of that it belongs to your beloved mother!

I can't believe the above poster asked that question!

[jgraz]

22. This is typical of the right-wing "frivolous lawsuit" meme.

Something they push with reckless abandon -- until they, themselves, slip on a neighbor's sidewalk.

[Rebubula]

24. OK...seriously...

...how is 'Frivolous Lawsuit' a right wing meme?

There are a lot of frivolous lawsuits...such as slipping on a neighbor's sidewalk. You do NOT deserve money because something bad happens.

This case in the OP may have merit, but to dismiss someone by accusing them of promoting a right wing agenda is pretty lame. Ooops...I hope that did not cause you mental distress...

[jgraz]

26. So-called "Tort Reform" has always been promoted by right-wing corporate interests

Whenever you hear someone mentioning frivolous lawsuits and "tort reform", you can bet that they've been listening to a group like California Citizens Against Lawsuit Abuse (http://www.cala.com/), a corporate-funded astroturf organization dedicated to keeping those mean, greedy private citizens from suing innocent corporations.

[KittyWampus]

30. "a package of smelly brains"?!?! omfg

I am a horrid person but am laughing so hard I can barely even type.

YES, they were subjected to severe trauma.

But DAMN,

"a package of smelly brains".

Ewwwwwwwwww

[bullwinkle428]

33. No, but I have it on good authority that he actually stayed at a Holiday Inn Express last night!

:P

[roguevalley]

5. I think seeing your mom's brain in a bag and smelling it decompose

meets the harmful level. I would get a gun and kill me some people if my mother had been that abused.

[rd_kent]

8. abused?

Its a dead body. Mishandled is a better term.

[roguevalley]

9. mishandled brain. abused family. try and get that picture out of your

brain. and there are people who would consider that level of indifference abusive because they are professional. my cousin carlos was an undertaker. he would have considered that abuse.

[rd_kent]

14. Well, good for you and your cousin carlos.

I just don't see it the same. No worries. we do not have to agree on everything.

Peace out.

[roguevalley]

27. good for Carlos. More than once he packed a person into a paper

bag. No worries. I agree. We don't have to agree on everything. Peace back at ya.

[LoZoccolo]

36. How did they know it was the mother's brain?

It might not be. So things might not be that bad.

[Bonobo]

20. I strongly agree with your sentiment. But in THIS case... Come on now!

This one IS lawsuit worthy IMO.

[tabasco]

29. Willful negligence.

Yeah, good luck with that. :dunce:

[jberryhill]

10. Paper or Plastic? /nt

[Ken Burch]

11. Ewwwwwwwww.......

n/t.