Family Sues After Man's Head Found in Shed

abc ^ | 12/27/03

[knak]

Children Sue Medical Center After Learning Dad's Embalmed Head Was in Tool Shed for 11 Years

The Associated Press

SACRAMENTO, Calif. Dec. 27 — The children of a cancer patient who donated his body for research filed a lawsuit after learning their father's embalmed head was kept in a tool shed for nearly 11 years.

The head of Osie K. Whitten, who died Dec. 24, 1990, of colon cancer, was among 150 pounds of human cadaver parts allegedly removed from the medical center at the University of California, Davis, by a former autopsy assistant.

David Lawrence Beale, who worked for Pathology Support Services Inc., which managed the medical center's morgue and autopsy service, was arrested last summer after the remains were found among his belongings.

He pleaded not guilty to charges of receiving stolen property and possession of methamphetamines. Police say Beale told them he used the remains to hone his dissection skills.

The medical center, Beale and Pathology Support Services were named in the lawsuit filed by Whitten's children.

The medical center said it could not comment; it previously said it had changed the way human remains are handled. Pathology Support Services said Beale's activities were not part of his job.

[vladog]

"donated his body for research " Ahh, then its their's to do with as they wish, I would think.

Of course I'm not a bottom feeder like the ambulance chasers.

[patton]

But inventory control is. Ask any gun dealer.

How about the medical organizations that recieve donated cadavers are held to the same standard?

[Hotdog]

John the Baptist head was displaced as well....should I sue for that as well...why not !...this is America...right...right....ACLU?...right?...mmmm

[HairOfTheDog]

Whatever the sin it occurred 11 years ago. You really think we are going to be punishing the same people or the same practices by costing them a lot of money?

[patton]

Not people, practices. Money changes behavior. If I ran a medical shool, or morgue, or whatever, and I suddenly realised I was liable for ultimate disposition of remains, I would have a hand-receipt system in place so fast it would amaze you.

And perhaps they should.

[HairOfTheDog]

I think tort law is really screwed up when people expect a big money award for any emotional, non-monetary damage that happens, whether obvious negligence is proved or not. People don't even ask whether actual blame is involve or not anymore. The first thought in any tragedy is lawsuits... who to sue and how much they can get. It costs all of us, this sue-happy crap, and cheapens real emotional loss, IMHO.

[patton]

I agree with you on tort law reform - but this case is non-trivial.

Years ago, I considered signing the donor card on the back of my drivers license.

Then someone explained to me what it meant, under current law, and I decided no way in hell.

Because as it stands, someone can keep your head as a sextoy in a shed for ever, and it ain't even illegal, in VA.

[dware]

A weirdo acting outside his authority did something so aberrant no organization could possibly have predicted or prevented it. Somehow, this company was supposed to have been omniscient and omnipotent in its control over this particular employee.

It's premise liability. If the plaintiff(s) can show that the defendant had knowledge that this was happening or could happen, but failed to take the appropriate measures to keep it from happening, the plaintiff(s) may come out ahead.

Don't consider this legal advice - just someone who works in the field.

[HairOfTheDog]

I have enough to worry about without worrying that the guy that ends up with my head after I die only wants to put it in a jar in his shed. Maybe the person that got my heart made it worthwhile.

I am not trying to trivialize except to say I never let the freak cases decide my point of view.

[patton]

And how will your family feel, when your body parts show up on ebay?

I will not sign the donor card.

[Cloud William]

The problem is, it was stuffed and mounted over a fireplace.

The deer that owned the property had no comment.

LOL! Reminds me of the old Far Side 'toon where the police are responding to a shooting at a deer's residence. The plaid-clad hunter stood to the side, smoke curling from his rifle barrel, near his trophy. The buck had been reading the newspaper when the hunter burst in and fired. The officer is talking to the deer's spouse: "Well, just because the doorbell rings, it doesn't mean you have to let someone in. And besides, your husband *was* in season, ma'am..." :-)

Say, I checked on your profile page work-in-progress. Imagine my disappointment at finding that the voluptuous woman was really a large insect in disguise. Nice touch, though, with the Captain Kirk Shoulder Roll (TM). Which reminded me of something else, given the thread topic...

[HairOfTheDog]

I signed the donor card. Ebay refuses to sell body parts, so it's a long shot they will hve to confront that. ;~D

[patton]

Jedem Tierchen Sein Plasierchen.

(To each his own...)

[Triple Word Score]

Ah. Thanks for clearing that up.

Then 9/11 WAS President Bush's fault (and Clinton's.)

(Forget what you know about Al-Qaeda.)

[going hot]

I would have a hand-receipt system in place so fast it would amaze you.

You do mean head receipt, don't you?

[patton]

Ha. Ha. Ha.

And that is "maw-duece," maggot. A warm maw-duece.

[going hot]

well now,

She sure was a sweet momma 34 years ago at the outer perimeter guard post, somehow, momma is more respectful. :-)

[patton]

I defer to your viet nam terminology. Mine is more recent.

And, I think, happiness is a warm vulcan.

[going hot]

would not mind one myself. Had a mini mounted with a hand crank once, would do about 1500 rounds per minute if cranked real fast. Then we got the motors from armor, that was sweet. Surprised the Sh*t out of charles.

[patton]

LOLOL. Use a sewing machine motor - Singer. Just for effect.