A couple from Pennsylvania, Abbey and Lawrence Butler, have filed a lawsuit against two funeral homes after receiving a box containing their son’s brain instead of his personal belongings. This heartbreaking incident has left the Butlers devastated, and they are now seeking justice for what they describe as an unimaginable mistake that has caused them emotional distress.
The Tragic Story of Timothy Garlington’s Death
Timothy Garlington, the Butlers’ 56-year-old son, passed away on November 15, 2023. At the time of his death, Garlington was living in Georgia. In order to lay their son to rest, the Butlers entrusted Southern Cremations & Funerals in Marietta, Georgia, and the Nix & Nix Funeral Home in Philadelphia to handle his final arrangements. Unfortunately, what followed was an unimaginable mistake.
Receiving the Box: What Happened?
According to the lawsuit, the Butlers received a box from Nix & Nix that was supposed to contain their son’s personal effects. When Lawrence Butler opened the box, he found another smaller red box inside. However, they didn’t open the red box and were shocked when it began leaking fluids and emitting a strange smell inside Lawrence’s car.
Discovery of the Brain
As the Butlers soon discovered, the red box contained Garlington’s brain. The lawsuit, filed in Philadelphia, revealed that the white box was not listed among the personal belongings of their son. The Butlers were never informed that the box contained such a sensitive and gruesome item. This lack of communication has left them traumatized and questioning the funeral homes’ procedures.
The Emotional Impact
Lawrence Butler recounted the emotional toll the situation has taken on him, saying, “I got in my car and I smelled death.” He expressed how the smell was so overwhelming that he had to get rid of the car, as the memory of it was too painful. The Butlers are devastated by the emotional distress caused by handling their son’s brain, something they say should never have happened.
Legal Action and Funeral Home Response
The Butlers are suing both funeral homes—Southern Cremations & Funerals and Nix & Nix Funeral Home—for negligence and intentional infliction of emotional distress. They are seeking both punitive and compensatory damages for what they consider to be “willful misconduct, malice, and a complete lack of care, dignity, and respect.”
Attorney L. Chris Stewart, representing the Butlers, stated that no funeral home should ever separate a body in such a way and ship it to the family without proper communication. He emphasized that this was an error that should never have occurred, and it has caused irreversible harm to the Butlers.
Ongoing Investigation and Lack of Apology
While Nix & Nix Funeral Home has reportedly stated that they are investigating the situation, Stewart claimed that no formal investigation had been brought to his attention. Furthermore, the Butlers have yet to receive an apology from either funeral home involved, and they have not been given a satisfactory explanation for what happened. Despite the state board clearing Nix & Nix of wrongdoing, the Butlers are determined to hold the funeral homes accountable for their actions.
A Devastating Incident
The Butlers’ lawsuit highlights the importance of trust and care in the funeral industry. When families entrust funeral homes with the care of their loved ones, they expect dignity and respect in return. Unfortunately, this tragedy has caused the Butlers unimaginable grief and loss. They hope that by pursuing legal action, they can prevent such a mistake from happening to any other family.