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PENNSYLVANIA RECORD

Tuesday, April 30, 2024

Lawsuit: Woman was cremated without family's permission

Lawsuits
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Bill Oxford

MEDIA — A man alleges the remains of his deceased mother were released from a medical center and cremated by a funeral home without notifying her next of kin. 

Richard Payne filed a complaint Feb. 1 in the Court of Common Pleas of Delaware County against Kyle T. Rawls t/a Earl L. Foster Funeral Home, Crozer Chester Medical Center and others alleging negligence. 

According to his complaint, Payne's mother, Tawla Kaywood, passed away on May 12, 2021, at Crozer Chester Medical Center. Payne alleges he is the only son and the closest-living relative and that his mother had no will or specific person in charge of her remains. 

He further alleges his mother's body was picked up from Crozer Chester Medical Center and brought to Earl L. Foster Funeral Home and cremated without his knowledge and consent. Payne claims the defendant Earl L. Foster Funeral Home's negligence for picking up his mother's body and cremating her without legal authority and for failing to determine and verify his mother's next of kin. 

He also claims Crozer Chester Medical Center's negligence for releasing his mother's body, failing to verify proper documentation or obtain a valid waiver to release his mother. He alleges the defendants also violated state laws through their actions. 

Payne seeks monetary relief of more than $50,000, interest and all other just relief. He is represented by James Famiglio of The Law Offices of James D. Famiglio PC in Media. 

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