Family Sues Funeral Home Over Bad Corpse Condition

080409funeralhome.jpg The family of a man who died in his sleep was so horrified by the condition of his corpse that they're suing a Bronx funeral home. The deceased, Fernando Maldonado, had various maladies at the time of his death, so an autopsy was performed to determine the exact cause. But when the wake was held at La Paz Funeral Home on June 1st, some 75 mourners were appalled to find his bluish body in a deplorable state, with a hole behind his right ear seeping blood, stains on the pillow, and wires that appeared to be autopsy sutures holding a loose flap of skin to the back of his hairline. The wake was interrupted three times as the funeral director tried to address complaints about the body's appearance, and one of the owners of La Paz blamed the corpse's condition on the medical examiner, telling CBS2, "We did the best we could." But a lawyer for Madonado's family says that if their loved one couldn't be made presentable, they should have been given the option of a closed casket. Madonado's brother says, "Everybody was shocked. Everybody kept asking 'was he killed? Was he hit in the head?'"

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Open caskets freak me out, and this is why. Also, how long after he died was the wake/funeral?

Funerals are waste of money and resources.

I'm not a coroner (but I watch one on TV), but if he was still seeping blood, doesn't that suggest he was still alive?

It means they did a shitty job of embalming him.

I don't like open casket funerals at all...you should always remember them in life, not in death.

Its horrible the family had to go to the wake and see the body in that condition. Regardless if the ME messed up the body bad, once the funeral home rcvd him a call should have gone to the family to let THEM make the final call.

Actually, it sounds like the remains were not embalmed. After a post, the cranial cavity should hqave been packed, basic dryene packs put on the wounds to cauterize them and Poze and feature builder to smooth out the head before being cosmetized. Since it was a cremation, NY law did not require embalming if the body was refrigerated or only a quick viewing by the immediate family was to be had. No properly embalmed body would ever leak from the head. Unionalls ( plastic coveralls with elastic cuffs) are used over a body that has been posted sometimes. Do not confuse embalming with cosmetizing. A properly embalmed remains will be preserved for a while, but the cosmetics and restoration play a large part in how the remains appear. In other words, a properly embalmed body would not draw flies and bleed. However, a restored and properly applied cosmetics would hide anything for a few hours or so depending on cause of death or temperature. It is a combination or proper embalming AND restoration together that creats a good memory picture. Unfortunately it sounds like this firm neglected to provide a proper procedure.

Since you are knowledgeable, could you also give us a few suggestions on what to look for when selecting a funeral home? Clearly the family didn't check out this funeral home before enlisting their services.

Interesting question. First look at the GPL (general price list) By Federal Law, any funeral home must provide their GPL to anyone that asks for it. Secondly, find out who in your particular state regulated the funeral establishments. All states require a funeral director, mortician, embalmer to be licensed. The only exception is Colorado. See if a funeral home has any discipline actions attached to their license OR the license of anyone who is employed there. Unless you are going to have direct immediate cremation or burial, you will want to embalm the remains unless you are Jewish, who do not embalm. Look at the work of the funeral home you are thinking about, go view the remains of someone in repose. They should have a peaceful "look" about them, with no discoloring obvious, and no apparent injuries or trauma. As far as embalming preserving a body, it will retard the process but not eliminate the body breaking down over a period of time. If you are going to inter your loved one above ground in a mausoleum, DO NOT BUY A SEALER Casket. There are bacteria that thrive on the absence of oxygen. The temperatures inside a casket in a mausoleum can reach over a 100 degrees F. Caskets can actually explode due to pressures built up inside. So do not buy a sealer casket for above ground. In ground, the temp is usually 55 F and although there is gas build up, it is less likely to explode. A good metal or wood casket should cost between 2-3 thousand dollars. The bottom line is expect to spend no more than 5=6 thousand for a complete funeral with a viewing including the casket. The burial vault, grave, opening and closing etc are extra. BTW it cost about the same for an above ground interment. The crypt is more than a grave lot, but no marker, no vault, no opening and closing, no toombstone footer of foundation. They are about a wash. Back to embalming, I could go way into mishaps such as "shell embalming" using the semi-Fowler position, using restricted and non restricted drainage, using co-injection chemicals etc but there is not room for that here. Normally you can trust a well established firm in your town. BUT be aware that big firms with central embalming ( like an assembly line) purchase local funeral homes, continue to employ the former owner, and do not give the same service. SCI (Service Corp International) is one of the big conglomerates. Ask the firm if they are truly "family owned" and ask to speak to the actual owner. Legally they must tell you who they are "ownerd" by. For me?? When its my time, I want to be embalmed by an experienced technician, and be in a metal non sealer 16 guage stainless steel, above ground in a mausoleum. orbtrans@aol.com

No worms coming out of the eyeballs? That costs extra.

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