The parents of a premature baby who survived for 12 days are suing a Boston hospital for losing their child’s remains.
John Tlumacki / The Boston Globe via Getty Images fileThe parents of a premature baby who survived for 12 days are suing a Boston hospital for losing their child’s remains as the grieving family prepared to bury her.
On Thursday, Ross and McCarthy filed a lawsuit in Suffolk County Superior Court against the hospital and 14 staffers, citing breach of contract, negligence, intentional infliction of emotional distress and tortious interference with human remains, among other counts. A staffer placed Everleigh’s remains on a metal rack — which the lawsuit describes as “not the appropriate or designated place for the delivery of infant remains to the morgue.”It was later determined that a pathologist working inside the morgue on August 7 mistook Everleigh’s swaddled body as soiled linen and threw it into a soiled linen receptacle, not realizing the infant was in the bundle, according to the Boston police report.
According to the police report, a pathologist who worked in the morgue on August 7 initially told detectives that he did not remove any soiled linens that day. The pathologist said in an interview with hospital officials the child’s remains were “not left in the right location,” was “wrapped in a blanket” and had “no identifying markers on the outside of the blanket,” the lawsuit stated.
The Boston Police Department said the case is considered an inactive investigation and the parents of Everleigh didn’t press charges with the department. Police offered no further comment due to the pending litigation between the family and hospital.
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