Ortiz suit vs. Lubbock ME, others, will proceed

Ortiz suit vs. Lubbock ME, others, will proceed

Posted:
LUBBOCK, Texas -

In one of two lawsuits filed against the Lubbock County Medical Examiner, District Judge Ruben Reyes has denied Dr. Sam Andrews' request to have the suit dismissed.

This is Rebecca Ortiz' suit filed against Dr. Sam Andrews, Dr. Evan Matshes, National Autopsy Assay Group, LLC and NAAG Pathology Labs, PC. Judge Reyes also denied a discovery request from the plaintiffs, ruling it extended beyond guidelines.

Attorneys spent several hours Friday in court in both this suit and one filed by former employee Tina Senee Graves against the same defendants. Judge Reyes dismissed Graves' suit Monday.

Ortiz claims Dr. Andrews, Dr. Matshes and NAAG are responsible for dismembering her adopted child during an autopsy last fall, claiming it went well beyond what was necessary. See more of her claims here in our story from February.

In court Friday, Ortiz' attorney argued Dr. Andrews is only a contractor and not protected by government immunity. The attorney told Judge Reyes that Andrews is not paid by Lubbock County and Lubbock County does not control his daily work. Andrews is claiming government immunity as a defense.

Ortiz' attorney went on to explain this case is not to complain about an autopsy but "our complaint is that it didn't stop there". Ortiz is not only asking for monetary relief but that the tissues of her child be returned to a funeral home to be cremated. NAAG reports the child's remains are in San Diego, preserved for law enforcement.

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