NYC funeral home company hit with another lawsuit over overseas burial mix-up
WCBS, FAMILY HANDOUTS, ALCIBADES ONOFRE, CNN
By Carolyn Gusoff
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NEW YORK CITY (WCBS/WLNY) — A second family is now suing a New York City funeral home company for what they call an unforgivable mix-up — the wrong body being shipped out of the country for burial.
It was a shocking discovery for the family at the worst possible time. While mourning the death of the children’s father, 39-year-old Elder Emilio Garcia, and watching his funeral in Guatemala via live stream, they saw the body in the casket wasn’t him.
In his place was the body of a 96-year-old woman, identified as Carmen Maldonado.
“It was completely heartless”
The Rivera Funeral Home in Corona, Queens had sent the wrong body to Guatemala, where Garcia, a Queens waiter and father of four who died of a heart attack, was to be buried alongside his parents.
“It’s completely irresponsible the way they have handled those bodies,” said Leonor Valenta, Garcia’s sister.
Valenta said to make matters worse, the funeral home seemed to have no idea where his body was.
“It was completely heartless. They were very stubborn with us. He never left the funeral home. He was there the whole time,” Valenta said.
What’s more, Maldonado’s body was supposed to have been sent to Ecuador. Maldonado’s family only found out she was mistakenly sent to Guatemala via a TikTok post.
Both families are now suing Bronx-based RG Ortiz Funeral Homes, which owns Rivera and other locations.
“The funeral home denied they made a mistake,” said attorney Philip Rizzuto, who now represents both families. “I think the funeral home was hoping no one would find out about it, and they never would have told either family if this video didn’t go viral.”
NYC Department of Health now probing RG Ortiz
The company was named in nearly 100 lawsuits and last year was cited by New York City for 82 violations.
The Department of Health, which oversees funeral homes, said its investigation is seeking fines and the potential revocation of licenses.
“They tortured the family. They didn’t just fix it immediately,” Rizzuto said. “They’re taking advantage of them at their most vulnerable time of their lives.”
“This was no mistake. It was negligence on their part and something that cannot be forgiven,” Valenta said.
An attorney representing RG Ortiz Funeral Home said he had no comment on the series of complaints against the business. The Garcia family is seeking a jury trial, they say, to send a message.
It took 10 days for the mixed-up bodies to be properly buried in the correct countries.
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