Brooklyn Funeral Home Accused of Illicitly Harvesting Bone, Tissue for Second Time
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For the second time in a month, the English Brothers Funeral Home in Brooklyn is being accused of illicitly harvesting bones and tissue from a body in its care and selling it to a biomedical company in New Jersey.
Lawyer Sanford Rubenstein yesterday filed a lawsuit in Kings County Supreme Court on behalf of the family of Danette Kogut, who died of ovarian cancer at 43 in February 2003, against the funeral home and the company it allegedly sold the tissue to, Biomedical Tissue Services Limited. Based in Fort Lee, N.J., Biomedical Tissue Services sells human tissue to processing companies that prepare it for transplant.
The suit claims that the funeral home forged a form that said Kogut’s grandfather, Morris, authorized the funeral home to harvest her body for transplantable tissue. Morris Kogut died more than 30 years ago.
The form also claimed that Kogut died of “blunt trauma,” Mr. Rubenstein said. Members of Kogut’s family said they were worried that recipients of her tissue might contract cancer.
“My daughter was a very private person. She didn’t want to be viewed” after she died, her mother, Mattie Kogut, 64, said. “She just wanted to be taken from the hospital and cremated.”
Mr. Rubenstein filed a previous suit against the same defendants on October 17, charging they had harvested tissue from Michael Bruno after forging a consent form that also lied about his cause of death.
The families learned of the theft of their relatives’ body parts when the police contacted them earlier this year.
Michael Mastromarino, who owns Biomedical Tissue Services, and Joseph Nicelli, an embalmer who owns the English Brothers Funeral Home, are also defendants in both lawsuits.
The lawyer for Mr. Mastromarino and his company, Mario Gallucci, denied the allegations and said his client was considering suing Mr. Rubenstein for libel. Mr. Nicelli’s lawyer, Richard Medina, did not return requests for comment.
A representative of the English Brothers Funeral Home refused to comment, give her name, or say if her company has sought legal representation.
Mr. Rubenstein said he believed that authorities were investigating more than 80 similar cases of illegal tissue harvesting by funeral homes, and that 30 bodies may be exhumed.
Spokesmen for the Brooklyn district attorney and the Food and Drug Administration said their offices were conducting several investigations but that they would not comment further, as is their policy.