Family of Deceased Infant Files Lawsuit Against Funeral Home Alleging Casket Mix-up

The Blaut Weiss Law Group has filed a lawsuit on behalf of a South Florida family alleging that the funeral home mishandled their infant son's funeral service and nearly buried the wrong child.

The Blaut Weiss Law Group has filed a lawsuit in Broward County Circuit Court on behalf of a Lauderdale Lakes family alleging that the funeral home mishandled their infant son’s funeral service and nearly buried the wrong child.

The lawsuit alleges that employees of Elijah Bell Funeral Services, LLC interrupted the grieving family mid-service and requested that the minister “speed up” the service. After the casket was lowered into the ground, employees of Elijah Bell’s Funeral Services proceeded to switch the casket without informing the parents that the casket that had been lowered into the ground did not contain their son, but the body of another child.

The infant, Netfa Malcolm, Jr., was born prematurely on Feb. 16, 2014 and died just a few weeks later on March 2. During the March 14 funeral service, the deceased’s mother Porscha Stephens, father Netfa Malcolm Sr., along with family and friends, watched in horror as employees of the funeral home attempted to switch the casket that was supposed to have contained their son’s body with a different casket from Elijah Bell Funeral Services.

“The funeral service employees started to switch the caskets before informing the parents of the mistake and in the presence of the family and friends who attended the service,” said Michael Weiss of the Blaut Weiss Law Group who filed the lawsuit on behalf of the family. “To make matters worse, my clients were required to look into the casket to verify that the child being buried was theirs. Not only will the family have to live with the fact that they have lost a child, but they will also forever live with the horrible memory of the mishandling of their child’s body and the image of what they saw in the casket.”

Several family members were shocked by what they saw and captured video and pictures of the workers as they switched caskets.

The lawsuit, which seeks unspecified damages, alleges several counts including tortious interference with a dead body; reckless infliction of emotional distress; and gross negligence.

                                                            ###

About Blaut Weiss Law Group

Blaut Weiss Law Group is a boutique law firm that focuses exclusively on personal injury, insurance and trial law. The firm is located at 8211 W. Broward Blvd., Plantation, Fla. 33324