Military veteran’s family sue Missouri funeral home for returning his BRAIN in a cardboard box ‘by mistake’ after the organ donor was sent to be cremated
A grieving Missouri family is suing the funeral home that cared for the remains of their loved ones after “accidentally” giving the military veteran's relatives his brain in a cardboard box.
Fred Love Jr.'s family has filed a lawsuit against the home, seeking more than $25,000 in damages, after the mistake left the grieving family 'devastated'.
Love, who served as a major in the U.S. Army and was a husband, father and grandfather, died suddenly after collapsing at his O'Fallon home in September 2022.
As an organ donor, Love's body underwent tissue harvesting at Mid-America Transplant Services before being delivered to the St. Charles County Medical Examiner, with Baue Funeral Home providing embalming and transportation services.
The family were then presented with an urn containing what is believed to be the 68-year-old's entire cremated remains following a funeral in October 2022.
A grieving Missouri family is suing a funeral home for $25,000 after accidentally giving them the brain of 68-year-old Fred Love Jr., above, in a cardboard box
Eventually, the family heard from Baue Funeral Home, pictured above, who confirmed that a “mistake” had been made.
At the same time, they also received a plastic bag containing the dead man's clothes, and a “cardboard box that would have been in the morgue.”
A funeral home employee said that “all of Fred's remains were in the urn,” but it soon became clear that all was not as it seemed.
During the family's six-hour journey back from the funeral home, a pungent chemical odor was found emanating from the casket, which was left unopened in a garage.
Initially, the family decided not to open the box because of a biohazard label taped to the side.
Instead, they contacted the transplant center, but they were unable to provide any information about the contents of the cardboard box.
Eventually, the family heard from Baue Funeral Home, who confirmed that a “mistake” had been made.
Love, 68, who served as a major in the U.S. Army and was a husband, father and grandfather, died suddenly after collapsing at his O'Fallon home in September 2022.
“You guys basically got a box of Fred's brain from the funeral home by accident,” an employee reportedly told them.
When I opened the box, sure enough, Fred Love's entire brain was in front of them.
The care manager at Baue Funeral Home explained that Love's “brain was removed separately from his body and embalmed as he was undergoing a partial autopsy.”
It has left the family desperate for answers.
“More than a year after the events, we still wonder how something so shocking could have happened,” the family said in a statement.
“Fred's death was devastating to the entire family… The actions that gave rise to this lawsuit made the experience of his death all the more difficult,” they added.
“No one has accepted responsibility that the brain was given to the family and not cremated with Fred.”
The family is suing Baue Funeral Home and Mid-America Transplant for negligence. A jury trial is scheduled for April. Both have denied any wrongdoing.
“We have standard protocols that we consistently follow throughout the donation process to ensure we respect the integrity and dignity of the heroic individuals who say yes to organ and tissue donation,” a statement from Mid-America Transplant emphasized.
The lawsuit hopes the family, who say they are devastated by the experience, can gain some form of accountability while preventing similar incidents from happening in the future.
“Collectively, we have never heard of this happening to any other family, which is why we are unique and alone in seeking answers,” the family said.
“We hope this lawsuit helps us obtain some accountability, and we hope it helps prevent something like this from ever happening again in any family.”
They claim that all parties involved appear to be passing the blame and refusing to take responsibility for the incident.
“I recognize our failure, but I would say multiple systems were broken,” Baue Funeral Home Director Colby Hitchcock said KMOV. 'I'm not going to take 100% responsibility. I take responsibility for our part of it.”