Fresno family sues Clovis funeral home, says son’s botched embalming left ‘horrible’ odor
A Fresno couple is suing the Clovis Funeral Chapel for allegedly mishandling their son’s embalming, causing the body to give off a foul odor during the funeral service.
The odor was so pungent that the viewing of the body had to be cut short, according to the lawsuit filed by Cosme and Stephanie Aguilera, parents of 31-year-old Robert Aguilera who died on May 29, 2019 from a lung infection.
Clovis Funeral Chapel president Loretta Martin strongly denied the allegations in the lawsuit. “We did nothing wrong,” Martin said.
The lawsuit alleges the staff at the Clovis Funeral Chapel allowed Robert Aguilera’s corpse to decompose before he was embalmed.
“The decedent’s corpse was in the possession of Clovis Funeral Chapel for five days leading up to his viewing,” the lawsuit states.
“An employee at Clovis Funeral Chapel informed the family that he performed the embalming on the day of the viewing, five days after the body was received, and it took him five hours to complete. He admitted to the family that the embalming was not completed properly.”
On the day of the viewing, June 10, 2019, the Aguilera family arrived at the Clovis Funeral Chapel on Clovis Avenue and were shocked by what they saw and smelled.
“When they entered the chapel, they were overwhelmed with a horrible foul odor. The smell was so pungent, that it remained on their clothing after they hugged decedent,“ the lawsuit states. “The corpse was described as warm, sweaty, and sticky. There were flies all around the decedent and on his body.”
The funeral home staff tried to mask the odor by pouring baking soda around the inside of the casket. There were also open boxes of baking soda on a bench next to the casket and on the floor, according to the lawsuit.
“Air freshener was also used to try and cover the horrible smell. During the viewing, decedent’s 3-year-old son vomited from the smell of his father’s body,” the lawsuit states.
The body was decomposing to the point that the embalmer told the Aguilera family he had to place gauze in the corpse’s face to keep it from sinking in, the lawsuit states.
Adding to the problem, the funeral chapel’s air conditioning system was not working properly, according to the lawsuit.
Funeral home denies wrongdoing
The family’s lawyers Martin Taleisnik and Corina Burchfield filed the suit against Clovis Funeral Chapel for alleged negligent mishandling of a corpse, negligent infliction of emotional distress and negligence.
“I have seen other mishandling corpse cases, but nothing like this,” Burchfield said. “This is pretty outrageous.”
Burchfield says she has collected 10 letters from people who attended Robert Aguilera’s funeral service and can attest to the odor and flies.
Martin said she feels bad for the family’s loss, but the body had an odor when it was picked up from the Fresno County Coroner. She attributed it to a lung infection in the body.
Martin said the funeral chapel handled the body properly. She added that an inspector from the California Cemetery and Funeral Bureau, the agency that regulates the industry, found nothing wrong.
“The state came out and investigated and we were all cleared,” Martin said. “We have been in business since 1976 and we have never had a complaint before this or since,” Martin said.
State officials, when contacted by The Fresno Bee, would not disclose the results of their investigation.
“The Cemetery and Funeral Bureau does not discuss complaints or investigations as they are treated as confidential,” said Michelle M. Cave, public information officer for the Department of Consumer Affairs’ Cemetery and Funeral Bureau.
This story was originally published December 9, 2021 at 8:29 AM.
