Today, the Harvey Law Firm filed a Complaint against Bio Care, New Mexico Learning Center, Paul Montano and Leah Montano, for mishandling the remains of Johnny Frausto. The lawsuit was filed on behalf of Johnny Frausto’s widow, Mrs. Sharon Frausto, and his daughter, Ms. Chaunnah Bates.
Johnny Frausto died of pancreatic cancer on January 10, 2010 and his dying wish was to make a contribution to the advancement of the prevention and treatment of cancer. A hospice company recommended Bio Care to Mrs. Frausto as a reputable company. Bio Care promised Mrs. Frausto and Ms. Bates that Mr. Frausto’s body would be treated with dignity and respect. Bio Care represented that they would harvest Mr. Fausto’s organs and then return the remaining part of his body for cremation. After weeks of being told that Mr. Frausto’s body was “not ready” to be returned, Mrs. Frausto and Ms. Bates began to be concerned.
Their worst nightmare was revealed on March 30, when local news stations reported that Bio Care was being investigated in connection with improper shipments of human body parts to a medical waste facility in Kansas. Later, Mrs. Frausto and Ms. Bates learned that investigators found bodies and body parts at the Bio Care facility in Albuquerque, some in a freezer that was no longer working. Among the body parts found at Bio Care, OMI was able to identify Mr. Frausto’s torso based on an identification of his pacemaker. At this time, Mrs. Frausto and Ms. Bates do not know the location of Mr. Frausto’s head or limbs. They are horrified and devastated.
We believe this is simply another example of the inexcusable failure to treat everyone with dignity and respect.