Health chief sued for $3.6M • Children of deceased woman claim DPH failed to preserve their mother’s remains

The children of a deceased woman yesterday filed a $3.6 million-civil action suit against Public Health Secretary Joseph Kevin Villagomez, holding the public official personally liable on allegations of neglect.

The late Ana Deleon Guerrero Cepeda’s brood of eight, who each filed uniform complaints against the Department of Public Health, have apparently taken to heart the hospital’s alleged failure to preserve the remains of their dead mother, which resulted in the body’s desecration.

The siblings through counsel G. Anthony Long are suing Mr. Villagomez along with five other unidentified Commonwealth Health Center staff for damages amid allegations of breach of contract.

According to court documents filed at the Superior Court yesterday, the plaintiffs alleged that CHC failed to deliver essential services expected of the health institution, when their mother’s body was placed under its morgue while awaiting the funeral and burial date.

Ms. Cepeda, who died last December 3, 2000 at the age of 82, was transferred to the CHC morgue and was reportedly under the hospital’s care for a period of nine days.

The plaintiffs were charged $20 per day the body was consigned inside CHC’s freezer.

According to the plaintiffs, CHC possessed the duty to preserve Ms. Cepeda’s body by placing it inside a freezer running under a certain temperature.

The children alleged that the health center breached this duty by failing to maintain the adequate temperature in the morgue’s freezer, which consequently led to the body’s desecration.

Court records state that the body was so desecrated that when time came for the funeral, their mother had to be placed on a closed casket. Plaintiffs noted the body of Ms. Cepeda was ruined beyond recognition and emitted an intolerable odor that permeated the San Antonio Church, where the memorial service was held.

The Cepeda brothers and sisters submitted that the desecration of their mother’s body ruined their ability to properly pay their last respects to their deceased loved one.

Court papers declared that the defendants’ alleged neglect has caused them and is still causing them to suffer emotional distress.

The Cepedas namely Jesus, Carmen, Frank, Lutmina, Consolacion, Dolores, Roman, and Soledad are seeking to collect damages for the added grief that befell them as a result of DPH’s alleged neglect.

The eight siblings are intent on claiming relief of at least $450,000 each from the government, excluding attorney’s fees and other costs.

The plaintiffs also pray for other relief the court would deem just and proper.

The public health department has been given 20 days to respond to the charges lodged against it.