Family continues lawsuit against Brigham and Women’s, says they never received remains of baby who died after being born prematurely  – Boston News, Weather, Sports | WHDH 7News

BOSTON (WHDH) – The family of a baby who passed away shortly after being born prematurely in 2020 at Brigham and Women’s Hospital is continuing their fight for answers as they say they never received their baby’s remains. 

The family filed a lawsuit in 2022 with the hope of learning where their daughter Everleigh ended up and how this could have happened. Their lawyer spoke to 7NEWS this week, saying the family is still working to get the answers they seek.

“Unfortunately, at this point, the hospital has not been providing the type of discovery that we’ve been asking for and they’ve been hiding behind something called ‘the peer review privilege,’” said attorney Greg Henning. 

Henning said Everleigh’s body was thrown out after her family baptized her and went home to grieve. 

Years later, a memory box is all the family has to hold on to reminding them of their baby girl. 

As their lawsuit moves forward, Henning said the family has received some information and video evidence from the hospital. 

They haven’t received everything, though. After they asked for surveillance video showing six days surrounding Everleigh’s death, her disappearance and the search for her remains, Henning said the family only got several hours of video.

“When we ask for the video that would be most relevant, that would get answers for these families, the hospital either doesn’t have it or isn’t producing it,” Henning said. 

Since filing the lawsuit, Henning said the family has learned of other families who say they’ve dealt with the same situation. 

“There has been five cases of throwing out infant remains or children in a period of 17 months against the expressed wishes of the parents,” he said. “And unfortunately we now know, not only are there other cases, but the missing baby problem at Brigham and Women’s is one that they are not acknowledging and not providing answers to.”

Brigham and Women’s sent 7NEWS a statement saying they can’t comment on ongoing litigation. 

The hospital added, though, “…the allegation that there are additional cases is inaccurate.” 

“Our policy is designed to be as clear and straightforward as possible for patients and requires written consent…” Brigham and Women’s said. “Any loss is difficult for our patients and their families and we are committed to supporting them with the dignity and respect they deserve.”

The lawsuit related to baby Everleigh was back in court Thursday. 

In court, Henning argued before a judge that the peer review privilege should not block the release of the information the parents are seeking.

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