'I Smelled Death': Family Sues Funeral Homes Over Box Containing Son's Brain

A Tragic Mistake: Pennsylvania Couple Sues Funeral Homes Over Brain in a Box

A heartbreaking incident has led a Pennsylvania couple to take legal action against two funeral homes, alleging that they were mistakenly given their son’s brain in a box. The situation escalated when the box began to smell and leak inside their car, causing immense emotional distress for the family.

Timothy Garlington, a 56-year-old U.S. Marine veteran, passed away in November 2023 while living in Georgia. His parents, Abbey and Lawrence Butler, hired Southern Cremations & Funerals at Cheatham Hill in Georgia to handle his remains and transport them to Nix & Nix Funeral Home in Philadelphia. The lawsuit, filed in the Pennsylvania Court of Common Pleas, does not specify the cause of Timothy's death.

After the transfer, the couple went to the funeral home to collect their son’s personal effects, which included a white, unmarked cardboard box with a smaller red box inside. Abbey Butler attempted to open the red box in front of staff but refrained from looking inside, unaware that it contained her son’s brain matter. The box was not labeled as containing biohazardous material, leaving the family completely unaware of what they had received.

Days later, the box began to emit a foul odor and leak fluids inside the couple’s car. Lawrence Butler moved the box into his home, where he came into contact with the brain matter. It wasn’t until he complained to Southern Cremations that he discovered the contents of the box. The couple then returned the remains to Nix & Nix following advice from their attorney, L. Chris Stewart.

Stewart emphasized the severity of the mistake made by both funeral homes during a news conference. “Not only making a family suffer once, but suffer twice, unknowingly having their son’s human remains in their car,” he said. He also noted that shipping human remains in such a condition is not part of proper procedures for funeral homes.

The couple is accusing the funeral homes of mishandling human remains, intentional infliction of emotional distress, and negligence. The lawsuit states that the defendants’ actions showed extreme and outrageous behavior, indicating willful misconduct, malice, and a complete lack of care, dignity, and respect for the family and their son.

Despite the tragic circumstances, neither funeral home has offered an apology or explanation to the couple, according to Stewart. The lawsuit does not specify the monetary damages the couple is seeking, leaving that determination to a jury trial if the case proceeds.

Lawrence Butler described the experience as deeply traumatic. “It was and it is still in my heart that I got in my car and I smelled death,” he said during the news conference. He added that he disposed of the vehicle after the discovery, unable to bear the thought of his son’s remains being in the car. Wearing a U.S. Air Force veteran cap, he expressed his hope that this never happens to anyone else.

The case highlights serious concerns about the handling of human remains and the need for better protocols and communication between funeral homes. As the legal process unfolds, the Butler family continues to seek justice and closure after a devastating ordeal.