'The Funeral Home Lost Jarvis' Body': $1M Settlement After Babies Placed in Wrong Coffin
McWhite's Funeral Home settled after mixing up the bodies of two stillborn infants. Richard Pravato was among the attorneys representing the children's families.
April 19, 2019 at 04:03 PM
5 minute read
Stephanie Fervin was already distraught following the Oct. 30 funeral for her stillborn daughter, Queenattie. Her grief only deepened upon learning her daughter had not been buried at her own ceremony and had been mistakenly swapped with someone else's dead child.
On Nov. 9, following several visits to McWhite's Funeral Home to make new funeral plans for her daughter, an employee of the parlor told Fervin and her partner Stanley Louis that their daughter had already been placed in the ground, according to Pravato. The Fort Lauderdale funeral home was allegedly in a rush to wash its hands of the situation, and with no service or arrangements, had dressed the dead infant in little more than a haphazardly placed plastic sheet, the attorney said.
McWhite's employees allegedly resisted Fervin's pleas to bury her child with proper clothing. Richard Pravato, Fervin and Louis' legal counsel, said the mother was inconsolable.
“She was devastated at the loss of her baby,” the Fort Lauderdale litigator said. “She said something to me about how every time she remembers her daughter, it always is going to be tangled, wrapped up in this nightmare of circumstances. … She's hurt.”
Although the funeral home allegedly relented eventually and allowed Fervin's and Louis' child to be re-buried with pajamas, the circumstances were a world away from their daughter's initial funeral, where the blow of their tragedy was softened by the support of their friends and family.
In January, Pravato filed a complaint against McWhite's in Broward Circuit Court with co-counsel Brett Yonon on behalf of the couple. The lawsuit alleged the funeral home had committed “fraud, deceit, negligence, incompetence, and misconduct.” On Feb. 18, State Farm Insurance Co. tendered McWhite's professional liability insurance and paid a $500,000 settlement to Fervin and Louis, avoiding a trial.
The other half of the funeral home's $1 million policy went to Lafondra Wright and Jarvis McCloud, the parents of the child placed in the coffin intended for Fervin's and Louis' daughter.
Even with the settlement, Pravato said the damage had already been done. According to the attorney, Albert McWhite, the owner of the funeral home, did his best to conceal the truth of what had happened to his client's baby.
|Read the lawsuit:
“When [Fervin and Louis] asked to have the casket open, McWhite tried to discourage them,” Pravato said.
Upon opening the casket, the baby was much larger than they'd remembered, a change McWhite allegedly tried to explain by attributing it to the embalming process.
Soon after the burial, Louis received a letter requesting his signature for a “disinterment order” to dig up a body.
“At first McWhite suggested this has something to do with Broward residents getting a credit for a burial,” Pravato said. Now suspicious, Louis refused to sign the document and said he'd need to confer with Fervin first. After pushing the issue, he was told about the mix-up that had occurred.
Having already buried their daughter once, Fervin and Louis returned to McWhite's to select a burial spot once again, at which point they discovered her body had been haphazardly preserved in plastic.
The attorney for the second family affected by McWhite's error said his clients discovered the mistake in a similarly harrowing manner. Fort Lauderdale lawyer Michael Lewenz said on the day Wright and McCloud were burying their own child, Wright's grandmother discovered the body in the coffin was not her great-grandson.
“Alfred McWhite tried to convince the couple that baby in the coffin … was actually their son whose body diminished in size,” the Zebersky Payne Shaw Lewenz partner said. “Then McWhite confirmed the truth: The funeral home had lost Jarvis Jr.'s body. Further investigation led to the horrific reality that Jarvis Jr.'s body was switched with, and subsequently buried in place of, another child who had tragically passed away.”
Neither the funeral home nor its attorney, Green & Ackerman partner Jay Green, responded to requests for comment by deadline.
Prior to this case, Pravato had secured a $3.5 million judgment in an unrelated case from 2016 against the Taylor Smith West Funeral Home for mishandling the body of his client's mother.
“It is really outrageous and truly unfortunate that these companies do not exercise greater care when dealing with our loved ones remains,” Pravato said.
“It's hard to say how common this is because in all of the cases we've had, there were attempts by the funeral home to get away with not being discovered,” he added. “Were it not for the persistence of our clients, they probably would have gotten away with it. … Who wants to go and delve back into this?”
Pravato said his clients are trying to move on and are “appreciative the insurance company did the right thing right away.”
“We put our trust in these companies to do the right thing … and when they don't, the effects are devastating,” he said. “When you deprive a family of closure, that's a harm you can't undo.”
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllArt of the Settlement: Trump Attorney Reveals Strategy in ABC Lawsuit
Nurse Awarded $2.3M in Orlando Crash Case After Declining $50K Settlement Offer
Trump, ABC News Settle Defamation Lawsuit Before Depositions
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250