Maldonado, who was 96 when she died, wanted to be buried in Ecuador near her husband. Her children learned her remains were in Guatemala after seeing a TikTok video showing a 'shocked' family who had a funeral for a 38-year-old relative. — Image by freepik
A family found out from a TikTok video that a New York funeral home shipped their mother’s body to the wrong country, according to a new lawsuit.
Carmen Maldonado’s body was supposed to arrive in Parque De La Paz, Ecuador, where she was to be buried, for a second funeral and viewing after her death on May 18, a complaint provided to McClatchy News says.
However, her children discovered Rivera Funeral Home in Queens had sent her body to Guatemala instead, according to the complaint filed Oct 8.
Maldonado, who was 96 when she died, wanted to be buried in Ecuador near her husband, NBC News reported.
Her children learned her remains were in Guatemala after seeing a TikTok video showing a “shocked” family who had a funeral for a 38-year-old relative, according to the outlet. Maldonado’s body was inside the man’s casket instead of him, NBC News reported.
“Carmen Maldonado was not properly prepared for transport and was carelessly sent to the wrong country,” the complaint says.
Her body was in Guatemala from May 26 through June 10, according to the complaint.
Maldonado’s children are suing Rivera Funeral Home, the complaint shows, which also names RG Ortiz Funeral Home Inc. as a defendant.
A manager of RG Ortiz Funeral Home Inc. told PIX11 that both funeral homes are run by the same company, RG Ortiz.
The manager of RG Ortiz Funeral Home declined a request for comment from McClatchy News when reached over the phone on Oct 11. Rivera Funeral Home didn’t immediately respond to McClatchy News’ request for comment Oct 11.
Maldonado’s daughter told NBC News that she “was devastated” when she learned about what happened to her mother’s remains.
“I couldn’t believe that this could be such a big confusion,” Rosa Sicha said to the outlet. “I started to cry, and I was incredibly upset.”
Funeral home ‘exploited’ other customers, NYC says
New York City’s Department of Consumer and Worker Protection sued R.G. Ortiz in April, accusing the business of several violations after 74 customers filed complaints about the company since 2018, according to an Aug 26 news release issued by the department.
R.G. Ortiz was accused of presenting people’s bodies in “unacceptable conditions,” refusing to tell families where their loved ones’ bodies were located, hiding the prices of their services and more, the department said.
In August, the department announced that R.G. Ortiz Funeral Home agreed to pay US$604,000 (RM2.6mil) in restitution to customers they “exploited” and to pay an extra US$100,000 (RM429,300) in civil penalties to settle the lawsuit, according to officials.
“Money will never heal the wounds R.G. Ortiz’s conduct inflicted, but we’re proud to hold this business accountable and secure justice for our neighbors,” Department of Consumer and Worker Protection Commissioner Vilda Vera Mayuga said in a statement.
According to the lawsuit filed by Maldonado’s children, the funeral home never notified the family of its mistake.
“I cannot begin to imagine what the family was feeling when they saw this on TikTok,” the family’s attorney, Philip Rizzuto, told PIX11.
The funeral home later “admitted” what happened on May 30, when Maldonado’s body had been in Guatemala for four days, according to the complaint.
The business’ negligence has caused her children “great mental pain, severe anguish, distress of mind, nervous shock and the impairment of peace and happiness,” the complaint says.
They’re suing on several causes of action, including loss of sepulcher, negligent handling of the remains, negligent infliction of emotional distress and breach of contract, the complaint shows.
The family seeks an unspecified amount in damages, according to the complaint. – The Charlotte Observer/Tribune News Service
