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Remains of an infant that died before birth probably were discarded with other medical waste rather than being saved for the burial planned by the family, according to court documents in the mother's lawsuit against a northeast Ohio hospital.
 
Youngstown resident Lytanya Wylie's lawsuit against St. Elizabeth Health Center says she was pregnant with twins — a boy who survived and another fetus, referred to by Wylie as "Precious," that died before her June 2013 delivery. The suit alleging negligence suggests the remains were disposed of without her consent, and it seeks thousands of dollars in punitive damages.

Wylie had been in touch with a nurse about the process of getting the remains released for burial, and she said it was that woman who told her the remains apparently hadn't been put with others held for burial.

"She said Precious was marked, and whoever was in the room didn't place her back on the shelf," Wylie said during a deposition, according to a transcript of comments included in Mahoning County court filings.

The hospital has denied Wylie's allegations, though filings on its behalf indicate a pathology lab supervisor acknowledged during a deposition how a mistake might have occurred.

He "believes the remains were discarded in the normal, customary fashion with the other lab tissues" and "admits this should not have occurred if the remains had been marked 'Save for burial,'" according to court filings by the hospital's attorney. They said the lab hadn't previously misplaced fetal remains.


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