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Breach of Contract
Medical Malpractice
Wrongful Cremation

Cynthia and Luis Orozco v. Sharp Memorial Hospital

Published: Jul. 30, 1994 | Result Date: Jun. 2, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 665602 –  $8,500

Judge

Lawrence Kapiloff

Court

San Diego Superior


Attorneys

Plaintiff

Elliott N. Kanter
(Law Office of Elliott N. Kanter)


Defendant

Beth Isaacs Golub


Experts

Plaintiff

Doris Mellman
(medical)

Defendant

David L. Braff
(medical)

Facts

This lawsuit arose from the release of the wrong 7-month fetal remains to the morgue, on November 3, 1992. As a result, the wrong fetus was cremated and interred. Approximately 2 weeks later, the mistake was discovered by Defendant Sharp Memorial Hospital, who arranged a meeting with Plaintiffs and their minister for the purpose of informing them. Plaintiffs Cynthia and Luis Orozco were provided with the correct remains, and those remains were cremated. Defendant Sharp offered to and did cover all costs due to the mistake prior to any litigation. Defendant further offered counseling.

Settlement Discussions

Defendant contends it offered $13,500 and Plaintiffs demanded $25,000.

Injuries

Emotional distress.

Deliberation

.5 day

Poll

12-0

Length

3 days


#98837

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