Boston-based Brigham and Women's Hospital is refuting claims that it improperly disposed of the remains of five infants, the Boston Herald reported Dec. 16.
The allegations stem from a 2022 lawsuit filed against the hospital by Alana Ross and Daniel McMarthy for breach of contract, negligence, intentional infliction of emotional distress, and wrongful interference with human remains, according to NBC 10 Boston. The couple's daughter Everleigh died at the hospital in August 2020 just 12 days after her birth. The suit claims the hospital was unable to locate her remains when a funeral home representative came to retrieve her body. A police investigation determined her remains were likely thrown away with soiled linens in the hospital morgue, according to the report.
The defendants' lawyers allege this is not an isolated incident. They claim four other families had their children's remains discarded against their wishes during a 17-month period starting August 2020, they said during a Dec. 14 hearing in Suffolk Superior Court. The lawyers requested the judge compel Brigham and Women's to share medical documents that would uncover evidence related to the four other cases.
Lawyers for Brigham and Women's disputed these claims, arguing the four new cases were "distinguishable" from the original case, as they involved abortion procedures and patients signed a release indicating instructions for disposal, per hospital policy. Brigham and Women's Hospital is not aware of any in which a release was not signed.
A spokesperson for Brigham and Women's shared the following statement with Becker's Dec. 18:
"While we are unable to comment on ongoing litigation, the allegation that there are additional cases is inaccurate. Our policy is designed to be as clear and straightforward as possible for patients and requires written consent. We also intentionally limit additional outreach after receiving written consent because we know that can be re-traumatizing for our patients. Any loss is difficult for our patients and their families, and we are committed to supporting them with the dignity and respect they deserve."