{"id":860,"date":"2011-11-27T15:11:21","date_gmt":"2011-11-27T21:11:21","guid":{"rendered":"http:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/?p=860"},"modified":"2011-11-27T15:11:21","modified_gmt":"2011-11-27T21:11:21","slug":"family-awarded-1-million-from-medical-examiners-office-that-kept-their-sons-brain","status":"publish","type":"post","link":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/2011\/11\/family-awarded-1-million-from-medical-examiners-office-that-kept-their-sons-brain.html","title":{"rendered":"Family Awarded $1 Million From Medical Examiner’s Office That Kept Their Son’s Brain"},"content":{"rendered":"\r\n

Justice sometimes does triumph.<\/p>\r\n

A Staten Island, N.Y.,\u00a0couple has won a $1 million judgment against the New York City Medical Examiner’s Office, which retained their dead son’s brain without their permission or knowledge, the New York Post reported Saturday.<\/p>\r\n

http:\/\/www.nypost.com\/p\/news\/local\/staten_island\/sitting_on_their_brains_rYp0ijgNEZRVOmtijfRMMK<\/a><\/p>\r\n

In a macabre twist in an already freaky case, the parents of Jesse Shipley, 17, didn’t discover that\u00a0they didn’t have his brain until some of his high school friends saw it in a marked jar during a field trip to\u00a0Staten Island’s morgue.<\/p>\r\n

Jesse was killed in a car crash in January 2005, and was autopsied by the local medical examiner. But the Medical Examiner’s Office returned Jesse’s body to his parents for burial without his brain, without mentioning that little tidbit to the Shipley family.\u00a0Doctors wanted to perform tests on the organ, according to the Post.<\/p>\r\n

Jesse’s family only learned that their son’s body was missing its brain when they buried it\u00a0because of the shocking incident during the field trip.\u00a0That when Jesse’s schoolmates chanced upon his brain in the jar, the Post reported.<\/p>\r\n

Needless to say, the teens told Shipley’s surprised\u00a0family what they had seen.\u00a0If that wasn’t disturbing enough,\u00a0“a Catholic priest\u00a0told the family that Jesse’s burial wasn’t proper without his brain,” according to the Post.<\/p>\r\n

The family didn’t get the brain back until October 2005, and they subsequently filed suit against the\u00a0Medical Examiner’s Office.\u00a0The city was liable, according to a\u00a0Staten Island Supreme Court judge,\u00a0under the so-called right of\u00a0sepulcher, which says that a family is entitled to all the remains of a relative, according to the Post.<\/p>\r\n

The defense didn’t have\u00a0a leg to stand on. The city apparently contended that Jesse’s father Andre Shipley “would have\u00a0known his son’s brain were being kept for further testing if he’d known to ask,” the Post reported.<\/p>\r\n

What?<\/p>\r\n

It probably didn’t help the defense’s case, either, when\u00a0a medical examiner said he keep Jesse’s brain hanging around in a jar because\u00a0he waits until he has a half dozen brains before calling in a neuropathic examiner to study them, the Post said.<\/p>\r\n

We hope in those other\u00a0cases that the families knew their loved one’s brains had been withheld from them, unlike the Shipleys.<\/p>\r\n

The Shipleys did lose one legal acton last\u00a0year, when the family sued claiming that their son’s brain had been displayed\u00a0unlawfully. An appellate court threw that claim out, the Post reported.\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\r\n

\u00a0<\/p>\r\n","protected":false},"excerpt":{"rendered":"

Justice sometimes does triumph. A Staten Island, N.Y.,\u00a0couple has won a $1 million judgment against the New York City Medical Examiner’s Office, which retained their dead son’s brain without their permission or knowledge, the New York Post reported Saturday. http:\/\/www.nypost.com\/p\/news\/local\/staten_island\/sitting_on_their_brains_rYp0ijgNEZRVOmtijfRMMK In a macabre twist in an already freaky case, the parents of Jesse Shipley, 17, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[16,24,4,445],"class_list":["post-860","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-brain-injury","tag-brain-injury-attorney","tag-medical-malpractice","tag-suing-medical-examiner"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t