May 31, 2021

A South Florida couple claims in court that a Miami hospital threw out the body of their stillborn daughter while they were making arrangements to give her a proper funeral.

In a complaint filed in Miami-Dade County, plaintiffs Pedro Cruz and Christina Ruiz say they learned that they were expecting their fourth child in August 2016, and shortly afterward decided to name her Fatima Christina Cruz.

Cruz says that on December 2016 his wife Christina was admitted to North Shore Medical Center where she was treated for issues with her pregnancy.

“To the devastation of both Christina Ruiz and Pedro Cruz, their daughter, Fatima Christina Cruz died of a spontaneous fetal demise in her womb, otherwise known in layman terms as a miscarriage,” the complaint says.

Ruiz says after the stillborn child was delivered, she completed and signed two documents in front of hospital staff in which she specified she wanted to give her daughter a proper funeral in accord with her religious beliefs.

But the couple says when they returned to the medical center in January 2017 to retrieve the baby’s remains, they were told the body had been lost.

Ruiz and Cruz say that North Shore Medical Center denied them the “right to give their baby daughter a proper funeral.”

The couple is seeking compensatory damages on claims of intentional infliction of emotional distress, tortious interference and negligence.

They are represented by Raphael Lopez and Sonia Roca from Lopez Roca PA in Miami, Fla.

“Our hearts go out to all families affected by pregnancy loss. We are unable to comment on pending litigation,” said Patty Vila, a spokeswoman for the medical center.