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Mortuary Malpractice and Funeral Abuses

Funeral Abuses Can Be Devastating to Grieving Families

Mortuary and crematory malpractice cases can present the most shocking practices in an industry that portrays itself as caring. It can be devastating to learn that the funeral home you trusted to perform proper and dignified services did the contrary. These incidents are from actual funeral abuse cases we have handled:

  • Harvesting organs from the deceased for sale to biologic supply companies prior to embalming;
  • Stealing gold fillings from the mouths of deceased persons for resale;
  • Commingling bodies during cremations, forever intermixing the cremated remains of strangers;
  • Disposing of cremated remains in cemetery flower beds instead of scattering the remains at sea;
  • Storing bodies in undignified ways, without proper refrigeration;
  • Hosing portions of a deceased person's cremated remains down the drain to clean up a botched cremation;
  • Losing cremated remains stored in the mortuary vault.

Brayton Purcell helped confirm the rights of people to sue for damages whenever their loved one or close friend is the victim of desecration of funeral home services. The California Supreme Court decision in Christensen v. Superior Court (1991); 54 Cal.3d 868 remains the leading case authority establishing these rights.

We have achieved the highest verdicts and settlements in the nation in cases involving the mishandling of funeral services and cremations. This includes punitive damages against a funeral home for losing the cremated remains of a families' loved one and attempting to blame one of the family members for the loss (May L. Conway v. Gates, Kingsey & Gates (1992); Case No. WEC 113827, Los Angeles Superior Court, CA).

We strongly feel that class actions are against the best interests of individuals victimized by funeral home or crematory misconduct. We oppose their use because in this area of legal practice, class actions often result in less recovery for individual claimants and benefit class counsel more than the victims. We believe that the aggressive pursuit of individual funeral abuse cases achieves fairer remedies and provides an effective check on the funeral home industry.

If you believe that the remains of a member of your family have been mistreated, please do not hesitate to contact us for a free consultation.

Areas of Practice

Visit Our Blog What Our Clients Say

"I'd like to thank Brayton & Purcell for all the work your firm has done for me. I have asbestosis and without Brayton Purcell representing me the likelihood of getting compensated by asbestos manufacturers and the material suppliers of asbestos products would be zero. The law partners who run the show already know this, but I am going to write it down anyway. Every contact I had with anyone at Brayton Purcell be it phone, fax, email and or personally, I've been treated courteously and promptly by your great employees."
- Edward T. Foy

"From my first contact with your firm, I have been treated with respect, compassion, and in a most professional manner.
...Nothing will ever take away this pain of loss but the settlement will help provide since I have health problems and am unable to work."
— S.B., Mississippi

"Your work has allowed us to continue to live our lives without fear of financial ruin and to be able to plan a future. . ."
— Sharon R. Jenkins

". . .Thank you for all you have done for me and for Bill before he died. You have been so caring. . ."
— Patricia Rams

Our Locations

Northern California Office

Brayton Purcell, L.L.P. 222 Rush Landing Road
PO Box 6169
Novato CA 94945

Ph: 415-895-2669
TF: 800-598-0314
Fax: 415-898-1247
Novato Law Office
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Los Angeles Office

Los Angeles, CA 90014

Contact us for an
appointment:
Ph: 415-895-2669
TF: 800-598-0314
Fax: 415-898-1247
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Portland Office

615 SW Broadway
Suite 200
Portland, OR 97205
Ph: 503–295–4931
TF: 888–560–7120
Fax: 503–241–2573
Portland Law Office
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Salt Lake City Office

Brayton Purcell, L.L.P. 215 South State Street
Suite 900
Salt Lake City UT 84111

Ph: 801-366-9100
TF: 877-850-3030
Fax: 801-350-0065
Salt Lake City Law Office
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