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Couple says after their newborn died, Brigham and Women's tossed her body out with the trash

A couple from Sharon who says Brigham and Women's Hospital lost their newborn's body before it could be handed over to a funeral home for burial is suing the hospital for more than $1.1 million in damages.

In their suit, filed today in Suffolk Superior Court, Alana Ross and Daniel McCarthy charge one hospital morgue worker mistakenly place the body of their baby, Everleigh, on a pile of soiled linens after her death in early August, less than a couple weeks after her premature birth, and that another worker, thinking the pile was just soiled linens, threw the whole pile out. They allege that, unlike hospital workers, Boston Police detectives spent several hours digging through dirty linens at a trash transfer site the hospital used but were unable to find Everleigh's body.

WCVB has more, or you can read the couple's detailed account in their complaint below:

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PDF icon Complete complaint573.09 KB


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Comments

The B & W Chief Medical Officer quoted in some stories about this terrible occurrence is Sunil Eappen.

Those of you old enough may remember that his infant son died in the care of now mommy Louise Woodward.

I would love to know who at the State Department ordered Judge Zobel to allow that convicted killer to hop on a British Airways flight and have a normal life.

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You realize that the primary expert witness has recanted their testimony? https://www.the-sun.com/news/4427300/louise-woodard-doctor-testified-cha...

The entire case was circumstantial, and Chokely tainted it by letting the parents be involved in the autopsy, when parents are usually the prime suspects.

Typical scapegoating of those least able to defend themselves witch hunt tactics by Martha made it impossible to ever really know what happened. My money is still on the stressed out nanny, but I never thought the science supported the testimony and anything Martha touches reeks of abusing privilege to attack those who can't fight back.

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As someone who's been diagnosed with complicated grief, it will never end with time. The feelings they are suffering are unbearable.

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but a million bucks? That's a serious stretch. Ignore the narrative about reading books to a premature infant in the NICU and focus on objective damages. How about we focus on what the selfless hospital staff did during the time between the premature birth and unfortunate death. I personally experienced an error during close up, after life saving surgery, resulting in an infection and two months hospitalization. When the surgeon apologized, I said thanks for saving my life.

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They threw their baby’s body out in the trash. What do you care the amount?

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I can't imagine the grief and horror to know that one's child has been thrown out with the trash, to be unable to give them a loving burial and visit their grave. Add to that hospital staff lying and obfuscating, refusing to share video with police that might have allowed them to recover the baby's body if it had been seen in time.

A huge organization like MGH/Brigham needs a punishment that will hurt enough for them to correct procedures and training so that no one ever has to go through something like this again.

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...and somebody made a mistake. That would explain why this happened once out of however many deaths that take place at the hospital.

To me, a million dollar judgement would seem more punitive than corrective. I suppose you can decide for yourself whether that is justice.

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The idea behind safeguards is that they work even when people make mistakes. But yes, even then, sometimes mistakes slip through. And then procedures need to be reviewed and analyzed to see how they can be improved. That's the best possible outcome.

Anyway, I think an earlier commenter has it right -- the coverup is worse than the original error, in my eyes, and that's what needs punitive fines. Coverups cannot be allowed to work.

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What do you think would be a reasonable settlement amount that would be big enough to get the institution's attention to cause it to look into the question of whether adequate procedures and training are, in fact, in place, given that the organization has $14 billion in annual revenues and displayed pretty much unspeakable arrogance after the fact in not cooperating with the family?

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Is worse than the $1M. If the hospital could pay double that to prevent this story from making the news, they probably would.

Separately, I'm surprised the bedding was actually tossed. Generally all linens get sent to a commercial laundry facility, cleaned, and reused. If they get removed from circulation it's via the linen contractor.

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One wonders why they refused to cooperate with the police and parents if all the correct procedures were followed. Refusing to share the video and lying to police are inexcusable.

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"We're rich, we're educated, and we have a near- monopoly on making people not sick, not injured, and not dead. (Expletive) your police investigation. What are you going to do about it?"

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A million bucks seems too low. I’d have nightmares for a long long time of that ‘transaction’.

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If someone kills a person pet, the most they can typically be sued for is the fair market value of the pet. I can assure you that I'd personally be devastated if my dog was killed, she's gotten me through some very difficult times, but that is irrelevant in the eyes of the law. On the other hand, I couldn't give two shirts about babies. Aborting the one fetus I'm responsible for was the best decision my wife and I have ever made. Some people get attached to old cars, houses, trees, and many other things, but no exception is made for their feelings. Why do you breeders feel like you're special?

This couple was deprived a funeral with an open casket. How much is that worth?

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All of our cherished institutions are rotten. Every single one.

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