
Taken Too SoonI cannot imagine how it feels to lose a child. It must be so devastating and heartbreaking to feel the life inside you growing only to lose that fluttering, fragile life far too soon.
Heather Werth, a Cincinnati mother, lost her preemie newborn son Joey at Good Samaritan hospital after 16 days of life and has now taken legal action.
She isn't suing because of malpractice or medical mistakes. She is suing the Ohio hospital after photos of her dead infant were mailed to her. More than 150 photos of her posed baby, taken after his death, were sent to this grieving mother.
Werth maintains she informed the hospital multiple times she didn't want any photos after Joey's death. For Werner, the fact that they posed her infant goes against her wishes and dishonors his body. She, with her lawyer, has charged the hospital with desecrating a corpse.
Apparently, it's common for a bereavement team to snap some pictures to console a grieving family -- mementos of their lost child. However, everyone grieves differently and everyone's grief is different.
Werner maintains she made her wishes very clear and those wishes were ignored, and said of the photos:
He was treated like a doll. He was flipped, and he was flopped. He was dressed, and he was undressed. He was wrapped in a blanket. He was posed. He was laying on his belly. He was laying on his back.
In all, she was sent 154 photos in 20 poses. Worse for her, the photos were taken and developed at a local Walgreens, allowing access to the sensitive images to folks beyond the hospital staff. And to send them in the MAIL?
For sure, this was a huge gaffe. Maybe there was an overzealous bereavement counselor who thought she knew better than Werner, but is this really worthy of a lawsuit?
I am torn.
I find it horrifying that this mother, who had plenty of pictures of her child alive in the happier two weeks before his death, was tortured with unexpected and unwanted images of her dead child. I am doubly horrified that these photos, taken against a grieving mother's wishes, were sent BY MAIL, without care taken to ensure she had some support around her on first seeing them.
I am certain these images haunt her and are NOT how she wants to remember her baby.
I also cringe at the thought that a dead baby was posed in such a manner. Then again, I cringed at the family members who took pictures of my grandmother in her casket at her funeral. For me, photos and memories of my beloved grandmother while she was alive are the only ones I would ever want to see or remember. However, everyone grieves differently.
At the same time, I can see how a common practice of taking pictures of babies who die at birth might be a small comfort for parents who might not otherwise have pictures to remember their child. While researching this practice, I saw several stories of mothers who lost children who stated that while they insisted they didn't want pictures of their child at the time, they had nurses and grief counselors insist ... and now they cherish these photos as invaluable physical mementos of their child.
There are different ways of looking at this story. Some may say this mother is greedy and looking to blame someone for her child's death. Others may believe this was an egregious violation of her child's body and her family's privacy, which is worthy of a lawsuit.
Does this justify a lawsuit or a simple apology for insensitivity? Does she just need to deal with her loss -- not what some call an insensitive lawyer exploiting her loss on Dr. Drew? Where do you stand?
image via by sabianmaggy/Flickr


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Comments 354
I would sue them and I hope they pay up BIG for this!! Lord knows if I was in her shoes I would be doing alot worse and alot more!!! That hospital is SICK and TWISTED!!!
I have conflicted feelings about this. Having been in the situations where my son was stillborn, at the time of birth I did not even want to hold or see him feeling that I could not handle it. The hospital staff gently insisted that I would regret that choice and I did eventually changed my mind. The hospital also took some pictures of him wrapped in a blanket with a teddy bear and a cast of his feet without our knowledge as a gift for us. I slept with that bear and blanket for over a month and they are my most cherished possessions.
While I understand why a hospital might still do something like that against a parents wishes, thinking that it is the grief talking, I think that the sheer number of pictures and the fact that they were mailed makes this completely ridiculous. I don't know if I would go to the point of suing but this really seems like an extreme case. The hospital should look over their policies and make some changes. My heart goes out to this mom, but if she is just sueing to get money rather than to change policy then I think that she is in the wrong.
I think it is awful and insensitive that the hospital did this, but I don't think it warrants a lawsuit. I would think that her taking this to court would only add to her grief.
Well, I don't understand why they were taking pictures of her baby. Her baby wasn't stillborn, he lived for 16 days. I'm sure his family has plenty of pictures of him before his passing. That makes no sense to me.
We had a stillborn 5 years ago. We got 2 polaroids from the hospital at the time of his birth. Then WE took 2 rolls of pictures, and had them developed on our own. The people who did it were very understanding, we didn't leave the store at all when they were developing them. I would be very upset if the hospital took 150 pictures of my son without my permission.
I know it may seem weird to take pictures of a baby who has passed, but sometimes that's all a family has. If a baby is stillborn or dies within hours of their birth, I can understand it. My photos of our son are so important to me. They would be the only thing I would take if my house was on fire. But that's not the case here. Her son lived for SIXTEEN DAYS! They had plenty of pictures. I would be very upset.
I think they went overboard with the number of poses. They should just dress the baby in an outfit and take a few pics. I agree that they should have called and had a grief counselor there to let her know about the pics and do as she wanted then. I know my friend got pics of her dead son after he passed. And they were beautiful pics that I know she will cherish forever. I think she is right for sueing but she should donate the money to the March of Dimes or another charity that specializes in what her child might of passed away from. I think another way the hospital could have done it was send a disk with the pics on it and a letter letting her know what was on there. Then let her decide what she wanted to do.
i know I have heard a lot of moms say they wish they had gotten the pics. Cause now there is no turning back time.
If they were Autopsy photos they wouldn't be sent to the family, have you ever seen an autopsy? Even on tv? Just last week (or the week before) on Body of Proof there were scenes of the autopsy where the skin was cut and pulled back, would you want to see that on your child?
Like others said, for a few pictures to be taken and put in the medical record should the parent want them is one thing, to have them take that many (I was in modeling in the past and most short shoots don't have that many taken, let alone that many that would have been printable) and have them printed at a chain store is horrible.
People say she's just trying to line her pocketbook, but what many fail to realize is unless some grand action is taken this could and will happen to others. She's hitting the hospital where it hurts--- their pocketbook--- Issuing an apology (while it is totally needed) doesn't stop and make people think twice before doing it again, the loss of money and/or their jobs would. How many times has your kid apologised for doing something wrong to only go and do it again, its not until they face actual consequences most times that they really think before doing it again.
I think she has a right to sue. I would be MORTIFIED if I received photo's of y dead baby posed as if it were alive. That had to be terribly heartbreaking and such a shock to open up.