Lubbock ME's Office lawsuit proceeds, Ortiz claims mental anguis - FOX34 Lubbock

Lubbock ME's Office lawsuit proceeds, Ortiz claims mental anguish

LUBBOCK, Texas -

Attorneys for the company running the Medical Examiner's Officer argued in a court hearing Tuesday Rebecca Ortiz' anguish isn't from her child's autopsy, but rather from someone telling her about it. 

This is Ortiz' suit filed against Dr. Sam Andrews, Dr. Evan Matshes, National Autopsy Assay Group, LLC and NAAG Pathology Labs, PC. 

Ortiz claims they dis-assembled Elaina Castilleja to benefit Matshes research and caused her mental anguish. Her suit indicates there were improper policies and procedures during Castilleja's autopsy. 

Attorneys for the company argued Ortiz' mental anguish is not specific enough evidence saying it's an unidentified person describing the details to Ortiz. They read from Ortiz' affidavit saying she's obsessed with the idea Castilleja's organs are sitting on a shelf in California. 

Ortiz' attorney claims there's nothing that describes the proper way to conduct Castilleja's autopsy or what specific organs can or can't be removed. Ortiz' attorney stated his client is not attempting to silence the defendants, instead suing them for their conduct not their speech. He argued "it's not what they said, it's what they did."

Ortiz' attorney re-iterated his argument that Chief Medical Examiner Dr. Sam Andrews is only a contractor and not protected by government immunity. 

Another hearing to determine whether the lawsuit will be dismissed has been scheduled for August 8.


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