Cars pass the Hackensack University Medical Center, Wednesday, June 1, 2016, in Hackensack, N.J. (AP Photo/Frank Franklin II)
A New Jersey hospital is facing a federal lawsuit filed by a Connecticut woman who says it misplaced her stillborn son’s remains and then performed an unauthorized autopsy that violated both her religious beliefs and her specific instructions.
34-year-old Lauren Kodson said she was admitted to Hackensack University Medical Center on Sept. 28, 2022, to be induced for labor. Kodson said she and her doctors were aware that the child, a boy, would be stillborn due to a diagnosed congenital disorder. Kodson further said that due to Jewish beliefs that were closely held by both her and her husband, she declined to have an autopsy performed on the child and “made this choice clear” to the hospital.
The complaint explained that a nurse presented Kodson with a preprinted “Consent/Refusal for Autopsy” form, that Kodson declined the autopsy, and that the nurse told her the infant’s remains would be disposed of within four weeks of the delivery.
More from Law&Crime: ‘You can only imagine the shock and disgust’: Grieving mother was given birthing blanket with stillborn child’s remains instead of cremated ashes, lawsuit says
Kodson said she signed a consent form that permitted the hospital to do an “examination” of the infant’s remains, which was “a process completely separate and distinct from an autopsy.”
“Kodson trusted and had reason to believe that her infant son’s remains would be treated with dignity and in accordance with her wishes as set forth above,” said the complaint.
However, Kodson said, the following July, she “learned, by happenstance,” that an autopsy had actually been performed on her son without her consent.
Per the filing, an investigation revealed that the child’s remains had been “lost in storage” by the hospital until February 2023. After they were located, an autopsy was performed.
Kodson said that she was told by hospital staff that her son’s remains were not disposed of during the expected four weeks, because “its small size [] caused it to be misplaced in a morgue refrigeration unit which stores cadavers …”
The filing alleges professional negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress. Kodson seeks unspecified damages to compensate for severe emotional distress.
In a emailed statement to Law&Crime, representatives of Hackensack University Medical Center said:
HMH regrets the Kosdon family’s tremendous loss. We are committed to high quality, compassionate healthcare, and when a patient and family suffers a loss, all of us share in their grief. Our thoughts and prayers are with the Kosdon family.
Counsel for Kodson did not immediately respond to request for comment.
More from Law&Crime: Funeral home sent casket with body to wrong country to decompose, lawsuit says
Editor’s note: This piece was updated to include comment from the parties.
Have a tip we should know? [email protected]
