When it comes to personal injury law, there are many different kinds of conduct and harm that render a victim eligible for compensation. As experienced and knowledgeable Illinois personal injury lawyers, we have handled a wide variety of cases including unique and complex types of injuries. In a recent case, the plaintiff gave birth to a daughter who was stillborn. The plaintiff signed a form provided by the hospital authorizing it to dispose of the daughter’s remains. The plaintiff alleged in her complaint that the defendant’s employees told her verbally that the daughter would be buried in a short period of time. Roughly one year later, the plaintiff learned that her daughter’s remains were still in a cooler at a morgue facility that the defendant operated. She also learned that the remains were in a container that contained many other fetal remains.
In her complaint, the plaintiff also contended that the defendant voluntarily undertook burial of the deceased baby and that this created a duty to provide the child with a timely burial as promised. The plaintiff alleged that the defendant breached this duty by failing to make arrangements for the burial, by placing the baby’s remains in a container with multiple other fetal remains, by failing to report the baby’s death to the local registrar, by using the wrong burial consent form, and by failing to maintain or to follow any appropriate burial protocols. Finally, the plaintiff alleged that the defendant was negligent in supervising and monitoring its employees.
As for damages, the plaintiff alleged that she suffered severe emotional distress and depression as well as incurring burial and autopsy fees.