Father of fetus found in ceiling of Gary funeral home files lawsuit

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GARY, Ind.-- A Gary, Ind. man filed a lawsuit against the current and previous owners of Smith, Bizzell Warner and Son Funeral Home on Friday.

Two fetuses described as "skeletal remains" were turned over to the Lake County Coroner's Office on March 4th of this year. Gary police say at one point those fetuses were stored in the ceiling of the funeral home.

Attorney Marissa McDermott represents the father, she says one of those stillborn fetuses found was about 24-weeks-old and was delivered at Methodists Hospital in March, 1996.

McDermott's client and his former wife are believed to have been the parents.

A hospital tag attached to the fetus lists the same last name as her client.

McDermott also says the funeral home never properly filed the fetal death certificate with the county coroner or the state. She said her client paid the funeral home for the burial of this fetus and believed he had been buried.

WGN did speak with an attorney for Smith, Bizzell and Warner & Son Funeral Home and he said the funeral home just made contact with the father of the stillborn Monday.

The funeral home has changed owners three times since 1996.

The attorney for the funeral home says the previous owners had received the fetuses at that time, but failed to bury them before going out of business shortly after.

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