Philadelphia, Pennsylvania – A Pennsylvania couple is suing two funeral homes after they received a box containing their deceased son’s brain instead of his remains.
The Butlers, Abbey and Lawrence, had entrusted the Southern Cremations & Funerals in Marietta, Georgia, and Nix & Nix Funeral Home in Philadelphia with the care of their son, Timothy Garlington, who passed away on November 15, 2023.
The Disturbing Discovery
According to the lawsuit, filed in Philadelphia, the Butlers received a box from Nix & Nix Funeral Home, which they were told contained their son’s personal effects and belongings. When Lawrence Butler opened the white box, he discovered a red box inside, which began to smell and leak fluids in his car.
Upon further inspection, it was revealed that the box contained Garlington’s brain, a discovery that left the family in shock and grief.
Lawrence Butler recalled the disturbing moment during a press conference, describing how he smelled “death” when he opened the box. He added, “I just couldn’t stand the idea that the remains were in that car,” leading him to dispose of the vehicle.
Lack of Communication and Accountability
The lawsuit alleges that the white box with the red box inside was not listed among the personal effects of Garlington, and the family was never informed that his brain had been separated from his body.
Attorney L. Chris Stewart, representing the Butlers, stated that after consulting with other funeral homes, he concluded that there was no legitimate reason for a brain to be separated from the body in such a manner or shipped in that way.
Mistake or Malpractice?
The Butlers were initially unaware of the contents of the red box and attempted to open it, but were unable to. The box was left in the car for days, eventually leading to the unpleasant odor and the leaking fluids.
After the couple discovered the contents of the box, they learned from the Georgia funeral home that the brain had mistakenly been given to them.
Stewart confirmed that the brain was returned to Nix & Nix and that the Butlers had yet to receive an apology or an explanation from either funeral home. He also stated that the state board had cleared Nix & Nix of any wrongdoing, but it remained unclear how the error had occurred.
Emotional Distress and Legal Action
The Butlers have filed a lawsuit against both funeral homes for negligence and intentional infliction of emotional distress, seeking punitive and compensatory damages.
The couple is accusing the funeral homes of willful misconduct, malice, and a complete lack of care, dignity, and respect for their son and the family.
