Alleged Mishandling of Human Remains: A Call for Improved Funeral Home Practices
Funeral homes in Philadelphia under scrutiny for allegedly mailing a grieving family their son's brain.
A Philadelphia couple, the Butlers, have filed a lawsuit against Nix & Nix Funeral Homes in Pennsylvania and Southern Cremations & Funerals in Georgia, alleging negligence and intentional infliction of emotional distress in the handling of their deceased son, Timothy Garlington.
The lawsuit stems from an incident involving the transportation of Timothy's remains. According to the lawsuit, Southern Cremations & Funerals transported Garlington's body to Nix & Nix Funeral Homes on November 20, 2023. The Butlers had hired both funeral homes to handle their son's funeral arrangements.
Upon receiving a white, unmarked box containing their son's personal items, the Butlers discovered that his brain and brain matter were inside the box. The box began to smell and leak fluid in their car.
The owner of Nix & Nix Funeral Home maintains that everything should have been intact when the remains were sent to them, claiming that when another funeral home sends remains to them, everything should be intact. However, the owner admitted that his team did not know brain matter was inside the box.
The owner is working with their lawyer to discuss next steps, while the Pennsylvania State Board of Funeral Directors did not confirm or deny any investigations into the matter. A spokesperson for the Pennsylvania Department of State also declined to comment on any investigations.
The Butlers' attorneys, L. Chris Stewart, Alex Perwich, and Samuel Anyan Jr., are seeking more information about investigations into the matter from the Pennsylvania State Board of Funeral Directors.
This incident highlights the importance of proper handling and respect for human remains in funeral homes. To prevent such mishandling incidents, funeral homes should:
- Ensure Proper Authorization and Documentation: All steps in handling human remains must be documented and authorized by the family or legal representatives.
- Train Staff in Ethics and Procedures: Continuous training is essential to ensure staff understand the legal and ethical standards for handling remains.
- Implement Robust Chain of Custody Procedures: This includes tagging remains and maintaining a detailed record of all handling steps.
- Communicate Clearly with Families: Transparency and clear communication with families can help prevent misunderstandings and ensure trust.
- Regulatory Compliance: Funeral homes should stay updated on local and national regulations regarding human remains handling.
In cases involving sensitive or complex procedures, such as organ removal, funeral homes should consult with medical professionals, obtain clear, informed consent, and maintain strict confidentiality to prevent unnecessary distress to families.
By following these guidelines and regulations, funeral homes can minimize the risk of mishandling incidents and ensure respectful and dignified treatment of human remains. NBC Philadelphia reached out to the Pennsylvania State Board of Funeral Directors for more information about investigations into the matter.
[1] National Funeral Directors Association. (n.d.). Chain of Custody. Retrieved from https://www.nfda.org/resources/compliance/chain-of-custody
[2] Funeral, Burial, and Cremation Services Act. (2021). Pennsylvania Department of State. Retrieved from https://www.dos.pa.gov/Businesses/ProfessionalLicensing/BoardsCommissions/FuneralBoard/LawsRegulations/Pages/Funeral-Burial-and-Cremation-Services-Act.aspx
[3] National Funeral Directors Association. (n.d.). Cremation and Disposition. Retrieved from https://www.nfda.org/resources/compliance/cremation-and-disposition
- In light of the tragedy experienced by the Butler family, it is crucial for the health-and-wellness of grieving families that funeral homes prioritize science-driven practices in the handling of human remains, ensuring adherence to ethical standards and regulations.
- To support mental health and well-being during challenging times, funeral homes should encourage open communication with families about the care of their loved ones' remains, providing clear explanations for procedures and establishing robust chains of custody, as recommended by science and professional associations.
