Four parents accuse Boston’s Brigham and Women’s Hospital of losing their infants’ remains – as lawyer claims hospital has a ‘missing baby problem’

Four new families have come forward accusing Brigham and Women's Hospital in Boston of losing their child's remains, as an attorney claims the hospital has a “missing baby problem.”

The hospital's first case of alleged misconduct occurred after the death of Everleigh McCarthy. Baby Everleigh, who was born prematurely, died on August 6, 2020, 12 days after her birth.

The mourner parents, Alana Ross and Daniel McCarthy, who were planning their daughter's funeral, discovered their daughter's body missing when the funeral home went to the hospital mortuary to retrieve her body.

Later, they heard the horrific news that a hospital worker “mistaken their child's remains for dirty linen and threw them in the trash.” In August 2022, they filed a lawsuit against the hospital.

Greg Henning, an attorney for baby Everleigh's parents, announced four additional cases last week in Suffolk Superior Court in Boston, including the unlawful disposal of fetal remains at Brigham and Women's Hospital from 2020 to 2022.

However, a hospital representative from Brigham and Women's Hospital said in a statement to DailyMail.com that “allegations that there are additional cases are incorrect.”

They claimed that these allegations related to different circumstances, as they involved abortions and signed documents. They could not comment further as the case is still ongoing.

Brigham and Women's Hospital (BWH) and its Center for Women and Newborns deliver more than 6,200 babies annually, according to its website.

The hospital also has a Level III Newborn Intensive Care Unit (NICU) that cares for nearly 3,000 premature and critically ill babies each year, and is named on its website as a top hospital by U.S. News and World Report Honor Roll.

Unlike baby Everleigh who lived for nearly two weeks, the other parents who came forward had other complications after their babies were born, including a stillbirth, an aborted fetus or other medical complications that forced them to terminate the pregnancy, court records show documents.

Henning told DailyMail.com that after experiencing the trauma of having to terminate their pregnancies due to medical complications, all the families at Brigham and Women's Hospital made it clear that they wanted their babies returned to them so they could grieve .

He explained that each of the families signed a form called the Massachusetts Consent for Burial and Cremation, informing the hospital of their wishes for their deceased child.

The attorney said that in both cases, staff and doctors promised the families that the hospital would contact them upon completion of autopsies or genetic testing, but claimed that no one from the hospital ever contacted any of his clients.

Henning told DailyMaill.com that all parents had checked the box on the form indicating their wish to have their baby's remains returned.

Some of them also filled in where the funeral arrangements would take place (as requested on the form), and added their phone numbers in that same line to ensure the hospital could call them when the collection of the baby's remains was ready .

“This is the document the hospital is trying to hide behind,” he said.

“What's the point of the document when doctors and nurses are telling families, 'You have at least six months,' 'Genetic testing will take a while,' and 'We'll call you when the remains are ready for collection , don't 'Don't worry.'

He added, “instead of respecting the parents' wishes, Brigham and Women's Hospital threw away their babies.”

And this is a hospital that advertises itself as “the most trusted name in women's health care.”

Henning pointed out that since baby Everleigh's death, he has been trying to obtain the discovery and video from Brigham and Women's Hospital.

“We have been fighting with the hospital for the past year to get them to acknowledge and report certain discoveries about other missing babies, but they have done nothing,” he said.

He claimed that when he asked the hospital for surveillance video between the dates of August 6 through August 12. The period when baby Everleigh was born and then her death and her time in the hospital mortuary, they only gave them a few hours of footage from August. 7.

“When we asked where the rest of the video was, they said there was no other video,” he said.

“There's a laundry list of things they haven't done, and we know in the background that some of this has been an attempt to cover up what has taken place, which is that they have other cases of missing babies.”

He added: 'The hospital has lost five children over the course of approximately seventeen months, starting with Baby Everleigh until the last case in 2022.'

Henning said two more lawsuits will be filed against the hospital soon, and two more will be filed in the coming weeks or months.

Before Thursday's hearing, Henning told DailyMail.com that “we are letting the court know for the first time that this is not just a concern, but is now a reality, we are representing these people, they want to move on and find out what happened. Their children.'

He also emphasized that part of their investigation, and the goal of Everleigh's parents, is to find out how this happened to their child, and to ensure this never happens to another family.

The hospital representative who appeared at Thursday's hearing released a statement to DailyMail.com.

'Our policy has been made as clear and explicit as possible for patients and requires written consent.

'We also deliberately limit additional care after written consent, because we know this can be re-traumatizing for our patients.

“Any loss is difficult for our patients and their families and we are committed to supporting them with the dignity and respect they deserve.”

The first case involving Everleigh's remains named Brigham's parent company, Mass General Brigham, and more than a dozen individuals and entities as defendants.

Some of the claims filed include breach of contract, negligence and intentional infliction of emotional distress; and unlawful interference with human remains.

According to Henning, Baby Everleigh's parents are still healing and continue to ask for privacy at this time, including the other parents who recently came forward.