The first Appellate District granted a petition for writ of mandate. The court held that the trial court erred in denying the motions of summary judgment of defendants accused of wrongfully retaining a decedent’s heart for examination as part of an autopsy.
Twenty-three-year-old Nicholas Picon died unexpectedly at home. Forensic pathologist Peter Benson performed a postmortem exam on behalf of the San Mateo County Coroner’s Office. Dr. Benson found a “structural abnormality” in Nicholas’s heart and decided to retain the heart for further examination. He also ordered toxicology tests. He ultimately concluded that the cause of death was probably cardiac dysrhythmia due to a heart defect.
