Couple loses fetus, given wrong remains

Josh Einiger reporting
March 21, 2014 8:34:06 PM PDT
It's hard to fathom the loss Abaline Nieves and William Werner feel every single day. The loss of a pregnancy. The loss of a would-be son.

"No parent should have to go through this, to this extent I mean this is just a nightmare," Nieves said.

But it's what happened next that's left them truly broken.

"What did we actually bury the first time? We don't know what ashes those really were. That's the scariest thing. It's unsettling. It's heartbreaking," Werner said.

Just 16 weeks into the pregnancy, Abaline's water broke.

William rushed her to Maimonides Hospital in Brooklyn where they lost the baby.

At a funeral, they cremated what they say the hospital told them were their son's remains. They started to recover. But then, they got some unsettling news.

"They said that they had made some kind of error," Werner said.

Summoned to a meeting at the hospital, they say they learned the baby's body was still in the morgue.

What they'd actually cremated was just medical waste.

Nearly a year later, they've decided to sue.

"When you have such an injury and it takes a while to hear and a month later they say, here we go let's rip open the wound again, and throw a little salt in it this time. It's not intentionally done, but it's wrong," said Joe Falbo, the couple's attorney.

The devastated would-be parents are seeking more than a million dollars from Maimonides Hospital, which is refusing to comment on this case, citing concerns over patient privacy.

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