62-CV-17-5857

Filed in Second Judicial District Court

10/4/2017 3:05 PM
Ramsey County, MN

State of Minnesota District Court

County of Ramsey Second Judicial District

Case Type: Medical Malpractice

Esmeralda Hernandez, Maria Court File No.:

Candelaria Hernandez, Judge:
Herminino Hernandez, Angelica
Hernandez,Jacqueline
Hernandez, Elizabeth Hernandez,
Veronica Hernandez, Miriam
Hernandez,Jorge Hernandez,and
Perla Hernandez, Summons

Plaintiffs,

vs.

Regions Hospital,

Defendant.

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS:

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against

you. The Plaintiffs Complaint against you is attached to this Summons. Do not throw

these papers away. They are official papers that affect your rights. You must respond

to this lawsuit even though it may not yet be filed with the Court and there may be no

Court file number on this Summons.

2. YOU MUST REPLY WITHIN TWENTY (20) DAYS TO PROTECT YOUR

RIGHTS. You must give or mail to the person who signed this Summons a written

response called an Answer within twenty (20) days of the date on which you received

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this Summons. You must send a copy of your Answer to the person who signed this

Summons located at Robins Kaplan LLP,2800 LaSalle Plaza,800 LaSalle Avenue,

Minneapolis, Minnesota 55402-2015.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written

response to the Plaintiffs Complaint. In your Answer you must state whether you agree

or disagree with each paragraph of the Complaint. If you believe the Plaintiffs should

not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN

RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS

SUMMONS. If you do not Answer within twenty (20) days, you will lose this case.

You will not get to tell your side of the story,and the Court may decide against you and

award the Plaintiffs everything asked for in the Complaint. If you do not want to

contest the claims stated in the Complaint, you do not need to respond. A default

judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If

you do not have a lawyer, the Court Administrator may have information about places

where you can get legal assistance. Even if you cannot get legal help, you must still

provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RKOLUTION. The parties may agree to

participate in an alternative dispute resolution process under Rule 114 of the Minnesota

General Rules of Practice. You must still send your written response to the Complaint

even if you expect to use alternative means of resolving this dispute.

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Dated: -llSL.,
2017.
robins KAPLAN LLP

Chris Messe 5sep^l77039

Elizabeth M^ors,0397973
800 LaSalie Avenue
2800 LaSalle Plaza
Minneapolis, MN 55402-2015
Phone:612-349-8500
CMosscrlv@RobinsKaplan.com
[' Fors@RobinsKaplan.coiTi

ATTORNEYS FOR PLAINTIFFS

8838X658.1
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Ramsey County, MN

State of Minnesota District Court

County of Ramsey Second Judicial District

Case Type: Tort

Esmeralda Hernandez, Maria Court File No.:

Candelaria Hernandez, Judge:
Herminino Hernandez, Angelica
Hernandez,Jacqueline
Hernandez, Elizabeth Hernandez,
Veronica Hernandez, Miriam Complaint
Hernandez,Jorge Hernandez,and
Perla Hernandez,

Plaintiffs,

vs.

Regions Hospital,

Defendant.

Plaintiffs Esmeralda Hernandez, Maria Candelaria Hernandez,Herminino

Hernandez, Angelica Hernandez,Jacqueline Hernandez, Elizabeth Hernandez,

Veronica Hernandez, Miriam Hernandez,Jorge Hernandez, and Perla Hernandez

allege:

INTRODUCTION

Baby Jos6 was stillborn to Esmeralda Hernandez on April 3,2013. Defendant

Regions promised to cremate Baby Jos6 in a respectful and dignified manner. Instead,

Regions threw Baby Jos6's body out with Regions' dirty laundry. Thirteen days later, a

worker in a laundry facility hired by Regions, was horrified when he opened Regions'

dirty laundry and Baby Jos6's body,still in his diaper and hospital identification

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bracelets, flew out and landed on a metal grate. Laundry workers gawked at Baby Jos6,

took photos of him,and sent pictures of him into cyberspace.

PARTIES

1. The plaintiffs are the immediate family of Baby Jose and his mother.

2. Plaintiff Esmeralda Hernandez currently resides in Texas. In 2013, Esmeralda

resided in St. Paul, Minnesota. Esmeralda is Baby Josh's mother.

3. Plaintiff Maria Candelaria Hernandez currently resides in Texas. In 2013, Maria

Hernandez resided in St. Paul, Minnesota. Maria is Baby Jos6's grandmother.

4. Plaintiff Herminino Hernandez currently resides in Texas. In 2013, Herminino

Hernandez resided in St. Paul, Minnesota. Herminino is Baby Jos's grandfather.

5. Plaintiff Angelica Hernandez currently resides in Maplewood, Minnesota. In

2013, Angelica Hernandez resided in St. Paul, Minnesota. Angelica is Baby Jos's

aunt.

6. Plaintiff Jacqueline Hernandez currently resides in Texas. In 2013,Jacqueline

Hernandez resided in St. Paul, Minnesota. Jacqueline is Baby Jos6's aunt.

7. Plaintiff Veronica Hernandez currently resides in St. Paul, Minnesota. Veronica is

Baby Jos6's aunt.

8. Plaintiff Miriam Hernandez currently resides in North Dakota. In 2013, Miriam

Hernandez resided in St. Paul, Minnesota. Miriam is Baby Jos6's aunt.

9. Plaintiff Elizabeth Hernandez currently resides in North St. Paul, Minnesota.

Elizabeth is Baby Jos6's aunt.

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10. Plaintiff Jorge Hernandez currently resides in Texas. In 2013,Jorge Hernandez

resided in St. Paul, Minnesota. Jorge is Baby Jos6's uncle.

11. Plaintiff Perla Hernandez currently resides in North St. Paul, Minnesota. Perla is

Baby Josh's aunt.

12. Defendant Regions Hospital is a Minnesota corporation with its principal place

of business at 640 Jackson Street,St. Paul, Minnesota 55101.

13. Defendant Regions Hospital operates a hospital providing medical services to

patients in the State of Minnesota.

14. Defendant Regions Hospital represents itself to the public as providing the "best

care possible."

15. This Court has jurisdiction over Defendants,and venue is proper in Ramsey

County under Minn. Stat. 542.09.

FACTS

16. On April 3,2013, at 9:15 a.m., Esmeralda Hernandez went to Regions Hospital in

pre-term labor. Doctors counseled Esmeralda that at 22 weeks,her baby would,

most likely, be stillborn.

17. At 3:09 p.m.,Esmeralda delivered her stillborn baby boy.

18. Esmeralda named him "Jos6."

19. Esmeralda and her family mourned Baby Jos6.

20. At Regions' encouragement,Esmeralda and her family kept Baby Jos6 in

Esmeralda's hospital room overnight and mourned his loss up until the time of

discharge.

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21. Regions stated that Esmeralda and her family were "loving with him."

22. Esmeralda and her family declined an autopsy out of respect for the integrity of

Baby Jos6's body.

23. Regions offered to cremate Baby Jos6 in a respectful and dignified manner. Based

on Region's promise, the family agreed.

24. On April 16,2013,an anonymous tipster informed the Red Wing, Minnesota

Police Department that workers found the body of a baby at Crothall Laundry

Services, Inc.

25. Red Wing Police Detective Rikli investigated.

26. Detective Rikli interviewed Crothall Laundry Office Manager. The Manager told

police she "observed the baby on a catwalk area."

27. The Manager told Detective Rikli she recorded the information from Baby Jos6's

hospital identification bracelets before putting him in a plastic bag and then a

box.

28. The hospital identification bracelets identified Esmeralda Hernandez and the

date 4/3/13.

29. The Manager told Detective Rikli that it is not uncommon for the laundry

employees "to find medical waste in the linens from Regions which may consist

of tissue, blood,and on occasion, an appendage."

30. Regions Hospital had told Crothall Laundry to call Regions' security office when

"something like this shows up in the linens." The Manager followed Regions'

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orders and received a return call from two women at Regions: Amy Peterson and

someone by the name of "Shelly."

31. Regions decided not to call the police to report what they had done.

32. The Regions representatives told the laundry Manager that Regions would come

to pick the baby up.

33. At 12:05 p.m.. Regions representatives "Dennis" and "John" arrived at Crothall

and "took possession of the baby and left with it." Dennis signed a "property"

release form.

34. Detective Rikli interviewed a Crothall employee who acknowledged that "she

received a picture of the baby on her cell this morning." Further,she told the

police that"the picture has been passed around to several people."

35. At 2:45 p.m. on April 16,2013, Red Wing police contacted the St. Paul Police

Department to assist in the investigation surrounding Regions' disposal of the

baby.

36. St. Paul Police Sargent Peterson investigated at Regions Hospital. The police

report reflects "the infant's body had been wrapped in hospital linen and

transferred to the morgue at Regions Hospital, where the body was placed on a

shelf."

37. Regions knew that the baby was Baby Jos6, but decided not to tell Baby Jos6's

family about what they had done to him.

38. News of Regions disposing of a baby in the dirty laundry became a worldwide

media story beginning on April 16,2013.

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39. Baby Jos6's family heard the news and hoped and prayed that the discarded

baby was not their Baby Jos6.

40. The following day. Regions called a press conference to read a prepared

statement.

41. Regions told reporters "this has never happened before."

42. Detective Rikli discovered "this was the second baby found at the business."

43. On April 17,2013, the Ramsey County Office of the Medical Examiner performed

an autopsy on Baby Jose. The examination findings included a subdural

hematoma and moderate stage of decomposition.

44. Baby Jos6's family then called Regions to ask whether the baby it threw away

was their Baby Jos6. Regions refused to answer. Instead, they asked the family to

come to the hospital.

45. On April 17,2013, Regions representatives admitted that the baby in the news

was their Baby Jos6.

46. Sometime on or before April 19,2013,Regions learned they had tossed out

another baby in its dirty laundry. This time,someone at Regions called the police

to report this second incident. The police report states another stillborn baby's

remains were missing. Baby "Chang" delivered on April 7,2013,and "Regions

Hospital staff reported that these remains were most probably delivered to the

same laundry service and have not been located."

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COUNT1
Tortious Interference with a Dead Bodyi

47. Baby Jose's family re-alleges all preceding paragraphs.

48. Defendant Regions Hospital tortuously interfered with Baby Jos6 Hernandez's

body.

49. The legal right of possession of a dead body for preservation and burial belongs

to the decedent's next of kin and the law both recognizes and protects this right.^

50. Defendant Regions Hospital acted with wanton misconduct^ with regard to Baby

Jos6 Hernandez's remains.

a. Defendant Regions Hospital acted or failed to act by:

i. Choosing not to treat Baby Josh's remains with the utmost dignity

and respect as it had promised;

ii. Choosing not to follow procedures in place to provide for a

dignified and respectful cremation, which was selected by Baby

Josh's family;

b. Defendant Regions Hospital's acts, or failures to act, demonstrated

reckless and/or deliberate disregard and indifference of the family's

'The Court in Gooch v. N. Country Reg'l Hasp.,2006 Minn. App. Unpub. LEXIS 294 considered the stillborn fetus
as a dead body for purposes of an interference with a dead body action without concluding or deciding whether it
meets a legal definition of personhood.
^ Larson v. Chase,47 Minn. 307,50 N.W.238(1891)is the seminal case creating the tortious interference with a
dead body cause ofaction in Minnesota.
' An act or a failure to act when there is a duty to do so, in reckless disregard of another's rights, coupled with the
knowledge that injury will probably result. See Black's Law Dictionary(9th ed. 2011).

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rights. Defendant Regions Hospital had reason to know that disposition of

Baby Jos6 in a manner other than that chosen by Baby Jos6's family would

create a risk of harm.

i. Defendant Regions Hospital had reason to know that throwing

Baby Jos6 out with soiled laundry would reasonably cause injury to

Baby Jos's family;

ii. Defendant Regions Hospital had reason to know that the media

reports on television, radio, and newspaper that Regions threw out

Baby Jos6 in the dirty laundry would reasonably cause injury to

Baby Josh's family;

iii. Defendant Regions Hospital had reason to know than choosing not

to immediately inform Baby Josh's family that it had thrown out

Baby Jos6 in the dirty laundry,and instead waiting for the family to

contact the Hospital, would reasonably cause injury to Baby Jos6's

family;

iv. Defendant Regions Hospital had reason to know that continued

media coverage of Regions throwing Baby Jos out with the dirty

laundry would reasonably cause harm to Baby Josh's family;

V. Defendant Regions Hospital had reason to know that learning that

laundry workers stared at, were frightened by,and gawked at Baby

Jos6 lying on a steel catwalk would reasonably cause harm to Baby

Jose's family;

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vi. Defendant Regions Hospital had reason to know that learning that

workers took photographs of Baby Jos6 and shared the

photographs with other strangers would reasonably cause harm to

the Baby Jose's family;

vii. Defendant Regions Hospital had reason to know that learning that

laundry workers tossed Baby Jos6 onto a metal catwalk in a

laundry facility and that he did not receive the promised dignified

and respectful cremation would reasonably cause harm to Baby

Josh's family;

viii. Defendant Regions Hospital had reason to know that learning Baby

Jose underwent an autopsy against the family's wishes would

reasonably cause harm to Baby Jos6's family;

ix. Defendant Regions Hospital had reason to know that learning that

Regions conduct caused Baby Jos6's body to decompose and suffer

a subdural hematoma would reasonably cause harm to Baby Josh's

family;

X. Defendant Regions Hospital had reason to know that learning

Defendant Regions Hospital staff placed Baby Jos6 on a morgue

shelf along with soiled linens, would reasonably cause harm to

Baby Josh's family;

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xi. Defendant Regions Hospital had reason to know that learning

Regions Hospital threw another stillborn baby out with the dirty

laundry would reasonably cause harm to Baby Jos's family; and

xii. Defendant Regions Hospital had reason to know that after

encouraging the family to bond with Baby Jos6 and to say their

good-byes, that learning how disrespectable Regions treated him

would reasonably cause harm to Baby Josh's faihily.

DAMAGES

51. Plaintiffs re-allege all preceding paragraphs.

52. Where the wrongful act constitutes an infringement on a legal right, mental

suffering may be recovered for, if it is the direct, proximate,and natural result of

the wrongful act.**

53. As a direct, proximate,and natural result of the defendant's tortious interference

with Baby Josh's remains, Esmeralda Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

54. As a direct, proximate,and natural result of the defendant's tortious interference

with Baby Jos6's remains, Maria Candelaria Hernandez endured,and in the

future will endure, mental pain and suffering far in excess of fifty thousand

dollars.

Larson v. Chase,47 Minn. 307, 50 N.W. 238(1891)

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55. As a direct, proximate, and natural result of the defendant's tortious interference

with Baby Jos6's remains, Herminino Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

56. As a direct, proximate, and natural result of the defendant's tortious interference

with Baby Jos6's remains, Angelica Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

57. As a direct, proximate,and natural result of the defendant's tortious interference

with Baby Jos6's remains,Jacqueline Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

58. As a direct, proximate,and natural result of the defendant's tortious interference

with Baby Jos6's remains, Elizabeth Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

59. As a direct, proximate,and natural result of the defendant's tortious interference

with Baby Jos6's remains, Veronica Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

60. As a direct, proximate, and natural result of the defendant's tortious interference

with Baby Jos6's remains, Miriam Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

61. As a direct, proximate, and natural result of the defendant's tortious interference

with Baby Jos6's remains,Jorge Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

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62. As a direct, proximate, and natural result of the defendant's tortious interference

with Baby Jos6's remains,Perla Hernandez endured,and in the future will

endure, mental pain and suffering far in excess of fifty thousand dollars.

DEMAND FOR RELIEF

Plaintiffs Esmeralda Hernandez, Maria Candelaria Hernandez, Herminino

Hernandez, Angelica Hernandez,Jacqueline Hernandez,Elizabeth Hernandez,

Veronica Hernandez, Miriam Hernandez,Jorge Hernandez, and Perla Hernandez,

individually pray for judgment against the Defendant in an amount far in excess of

$50,000, together with costs, disbursements, prejudgment interest, and such other and

further relief as the Court deems appropriate.

TURY DEMAND

Plaintiffs Esmeralda Hernandez, Maria Candelaria Hernandez, Herminino

Hernandez, Angelica Hernandez,Jacqueline Hernandez,Elizabeth Hernandez,

Veronica Hernandez, Miriam Hernandez,Jorge Hernandez,and Perla Hernandez

demand a jury trial.

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ROBINS KAPLAN LLP

Dated: ^ 2017.

'chris Messerly^;;l2^0^
Elizabeth M.Fors, 0397973

800 LaSalle Avenue

2800 LaSallc Plaza
Minneapolis, MN 55402-2015
Phone; 612-349-8500
CMesscrh'fflRobinsKaplaii.com
EFors@R(^bin.sKaplon.c\^m

ATTORNEYS FOR PLAINTIFFS

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ACKNOWLEDGMENT REQUIRED BY MINN.STAT. 549.211, SUED.2

The undersigned hereby acknowledges that, pursuant to Minn,Stat. 549.211,

subd. 2, costs, disbursements, and reasonably attorney and witness fees may be

awarded to the opposing party or parties in this litigation if the Court should find that

the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that

is costly to the other party, asserted an unfounded position solely to delay the ordinary

course of the proceedings or to harass, or committed a fraud upon the Court.

ROBINS KAPLAN LLP

Dated: m ^2017.

Chris Mes^rfy/177039
Elizabeth MTpors,0397973

800 LaSalle Avenue

2800 LaSalle Plaza
Minneapolis, MN 55402-2015
Phone: 612-349-8500
CMessorlv('.'iRobinsK.ipian.co3n
EFors#RobinsKa pian.com

ATTORNEYS FOR PLAINTIFFS

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