Case details

Mother claimed coroner cremated body without proper notification

SUMMARY

$1100000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 28, 2016, plaintiff Yvette Diaz learned that her newborn daughter, Auroranne Delatorre, died unexpectedly, while at the hospital, the day after she was born. The Los Angeles County Department of Medical Examiner-Coroner took possession of Auroranne’s body the next day. On June 8, 2016, a representative from the coroner’s office contacted Diaz to obtain additional information about the events that occurred just prior to Auroranne’s death, along with Diaz’s contact information. Diaz called the same representative three additional times, but no one picked up. The office then left a voicemail for Diaz on July 11, 2016. The voicemail stated that the body had been at the office for 30 days and that Diaz should contact the office at her convenience. A letter dated Aug. 24, 2016 was then sent by the office, informing Diaz that it had cremated Auroranne’s body on Aug. 10, 2016. Diaz sued the overseer of the coroner’s office, the county of Los Angeles. She alleged that the county’s actions constituted a violation of Health and Safety Code § 7104.1. Michael Johnston was initially named as a plaintiff, but he was ultimately removed from the case. Plaintiff’s counsel noted that § 7104.1 states that the coroner may inter the remains, “[i]f, within 30 days after the coroner notifies or diligently attempts to notify the person responsible for the interment of a decedent’s remains which are in the possession of the coroner, the person fails, refuses, or neglects to inter the remains”. However, counsel contended that the county’s coroner’s office failed to properly notify Diaz prior to cremating Auroranne. Diaz claimed that while what was discussed during the June 8, 2016 call was in dispute, at no point did she indicate that she wanted Auroranne’s body to be cremated. She also claimed that she did not hear the July 11, 2016 voicemail because she was still grieving the loss and not listening to her voicemails at that time. Defense counsel contended that the county coroner notified Diaz on June 8, 2016 that Auroranne’s remains were at the office and that Diaz needed to make internment arrangements, but that Diaz failed to do so. Counsel also contended that Diaz was notified again on July 11, 2016 and told that she needed to make internment arrangements, but that she again failed to do so. Defense counsel contended that, as permitted by law, the coroner cremated the allegedly abandon remains 30 days later., Diaz’s first and only child, Auroranne, was cremated. Diaz claimed that, as a Catholic, she had planned to bury Auroranne, pursuant to the customs and practices of her religion. She alleged that she developed emotional distress because she felt she would never be able to properly say goodbye to Auroranne or ever have closure, as she wanted to see Auroranne one last time with an open casket funeral. In addition, Diaz claimed that had to seek the assistance of a psychiatrist to help her cope with her mental trauma and that she continues to see one to this very day. Diaz sought recovery of damages for her past and future emotional pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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