
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 360
I seriously agree with her. Not only did she tell them not to, but they must have spent AT LEAST an HOUR posing and dressing, undressing and flipping around a corpse. I'd be insanely angry and upset too. I can definitely see that as grounds for a lawsuit!
Somtimes a lawsuit is not about the money but about making sure that the people responsible can't just shrug it off with a half-hearted grudging "yeah, sorry 'bout that." as they privately think you are just being ridiculous. Sometimes the lawsuit is about getting a judge or jury to back your opinion that what was done to you was, in fact, wrong and you aren't just overreacting. If it were me - I would sue and then donate the money to a children's charity.
I would have loved if the hospital had done that for me but it was wrong to develope them at a Walgreens and why so many pics? I have pics I took of our baby and Im glad I have them. I use to look at them alot but havent in a long time. If a parent says they dont want them then they should respect the wishes and just maybe keep them on file in case later they want them but what they did was wrong in some aspects. I think they were only trying to help but went overboard with it. It is hard to loose a baby and some parents need to have time to reflect. maybe later they would want those precious pics. However that was way too many photos. I think maybe 3 or 4 would of been plenty for sure. I would be surprised if she won. Still a sad story though. Why couldn't the hospital just of honored her wishes not to have pics of her baby after the baby passed. As she said she had picked of a live baby and lots of us do not have a live baby at birth so we have no choice our pics have to be of our baby's when they are not alive but she did..
I think photographs of a deceased child should be a personal choice. Many parents treasure pictures of their stillborn babies- it's the only record they will ever have. There are even organizations like 'Now I Lay Me Down To Sleep' which provide photographers for just this purpose. One of my friends had photos taken when her son was born still at 35 weeks... I know she cherishes them, and is very glad to have a photo record of the son that she lost. However, I think personal choice should be respected, and this mother clearly stated that she did not want pictures taken, so the hospital should have respected her wishes.
obviously previous posters havent paid attention or watched the video linked to the article she has pictures of her child while he was still alive.. i would bet in his short 16 day life there were many pictures taken ( we took so many pictures of our baby when he was in the hospital b/c we didnt know if he would survive) if she told them NO they should not have gone and done it- it just seems kind of creepy to me -(there were pictures i destroyed or got rid of because my son looked dead in them and thats not what i wanted to remember if something had happened) thankfully my son is a happy growing healthy toddler now..and to this day looking back at his pictures still gets me upset- my heart goes out to this mother she is handling it alot better than i would.. my thoughts and prayers are with her in her time of sadness
I really think a lawsuit is a bit overboard, but she is obviously in intense emotional pain and who can blame her?
Everyone I know that has had a stillborn was beyond grateful for any pictures the hospital sent them, but this never happens through the mail around here they are sent home in a folder.
Now the girl I know who had her son pass nearly a month after birth in the hospital has never said anything about having post mortem photographs and honestly I think if there are a number of pictures of the child alive (such as in this case) they would be unnecessary because I know that is NOT how I would want to remember my child.
That may be what is happening here. She had 16 days to take pictures of her child and I am quite sure her and all the visiting family did just that. I could understand if the hospital had taken maybe 5 - 10 pictures of the baby wearing whatever he was when he passed and possibly wrapped in a blanket. Keep them on file at the hospital since it seems they have this service, and then tell the parents they are available if they would ever like to receive them.
The part of this that REALLY disturbs me is the AMOUNT of pictures and poses. I understand if a grief counselor was just trying to help, but that was just going overboard.