The family of a deceased toddler has filed a lawsuit against a shuttered Las Vegas funeral home for negligence and mishandling of a corpse.
Alyssa Serna and Hector Cabrera, the parents of deceased toddler Autumn Amelia Presley Serna, have filed a lawsuit against McDermott’s Funeral Home and Cremation Services. They claim their daughter was kept in “deplorable conditions,” cremation was delayed and an identifying tag was not given to the family.
In August, McDermott’s license was revoked by the Nevada State Board of Funeral & Cemetery Services. The board alleged the funeral home had not cremated or properly disposed of eight bodies “within a reasonable period of time” and improperly stored bodies that were “leaking blood and bodily fluid,” according to complaints filed with the board.
In total, 146 bodies were recovered from McDermott’s and transferred to Davis Funeral Home, according to the Clark County coroner’s office.
The lawsuit was filed in the Clark County District Court on Jan. 22. The family is suing for negligence; mishandling of a corpse; negligent infliction of emotional distress; breach of contract; unjust enrichment; breach of the implied covenant of good faith and fair dealing; and deceptive trade practices.
Serna couldn’t be reached for comment on the lawsuit. McDermott’s owner Chris Grant has been unreachable since August.
Lawsuit details
Autumn died on June 29, 2024 at age 1 at University Medical Center, according to the complaint. Her body was transported to McDermott’s on June 30, 2024, where Serna entered into contract with the funeral home.
McDermott’s told Serna that her daughter would be cremated within seven to 28 business days. Although, the funeral home told Serna there may be a delay because Autumn was required to undergo an autopsy, but according to the lawsuit the autopsy was done the following day.
The family did not receive Autumn’s remains until November 4, 2024, despite much back-and-forth with the funeral home about status, according to the lawsuit.
Also, when the parents received Autumn’s remains it did not include a metal identifying tag. This led them to believe the remains they received “are not those, or only those, of their daughter,” said the lawsuit.
In the formal complaint filed by the funeral board against McDermott’s, it included records from their yearly inspections. During the inspections on July 10, 2024, and Aug. 19, 2024, “multiple bodies, including one of a baby, were found wrapped in soiled sheets, leaking bodily fluids onto the floor and surrounding areas,” reported the Review-Journal when the funeral home was shut down.
According to the lawsuit, the parents believe the baby’s remains were that of their daughter Autumn.
“Upon information and belief, Autumn’s remains were contaminated with the blood, bodily fluids, or remains of other decedents during the time in which her body was stored at McDermott’s,” said the lawsuit .
They are suing for general, special and punitive damages exceeding $15,000; interest and costs; attorneys fees; and any other relief deemed just and proper.
Contact Emerson Drewes at edrewes@reviewjournal.com. Follow @EmersonDrewes on X.
