By Sonika Khanal & Bob Aller
Posted on January 23, 2025
Patient Jessie Peterson
On April 6, 2024, Ms. Jessie Peterson, 31, a type 1 diabetes patient, suffered a severe diabetic exacerbation. She was hospitalized at Dignity’s Mercy Hospital. According to medical records, two days later, on April 8, 2024, Ms. Peterson died at 4:27 PM. Her next of kin, her mother, was kept in the dark about her passing.
The next day, Dignity had Ms. Peterson’s remains transported to an off-site storage facility, where her remains decomposed over 1 year. When the facts were finally revealed, no autopsy was possible due to the advanced decomposition. Dignity’s handling of Ms. Peterson’s remains was horrific.
In addition, the manner in which Jessie Peterson’s family was treated afterward was appalling. But Dignity chose to cover up the tragedy and would not explain to Ms. Peterson’s family how this happened. Dignity would not even offer a simple apology.
Yet Dignity Health claims “the dignity of persons requires reverence at every stage of life’s journey from conception to natural death.” Dignity administrators and staff disregarded the legacy of the hospital’s founding Sisters of Mercy. This case involves shocking violations of sacrosanct state healthcare regulations that respect and protect human remains.
Incompetence Or Cover Up?
When Jessie’s mother, Ginger Congi, called the hospital on April 11th to check on Jessie, she was told there was “no one here by that name.” After asking more questions, Ms. Congi was informed her daughter “left against medical advice.”
During that phone conversation, hospital staff failed to reveal that Jessie had died three days earlier, on April 8th. The staff also failed to disclose that on April 9th, Jessie’s remains were transported to an off-site storage facility, “Cremations Only,” and placed on Shelf Number Red 22 A (to remain on that shelf for 1 year).
Family Searched For Jessie Peterson For One Year
Believing that Jessie had become a missing person, Jessie’s mother and her sisters, Angie and Chandra, embarked on a year-long search. The family filed a missing person report with the Sacramento County Sheriff’s Office. Jessie’s information was posted on the Department of Justice website for missing persons.
Jessie’s mother, a land surveyor supervisor at California’s Department of Transportation, reported that Jessie had struggled with addiction. Though her housing was unstable, she still had friends she stayed with. In addition, she always remained in contact with her family.
The family believed Jessie was somewhere in the Sacramento area. They showed her photo to many who were homeless. The family never stopped looking for Jessie during that year.
Finally, A Detective Contacted Jessie’s Mother!
On April 12, 2024, a year after Jessie’s death, a Sacramento Sheriff’s detective called Jessie’s mother. Ms. Congi learned her daughter’s remains had been in a storage facility, decomposing the entire time the family was searching for her. Ms. Congi and her daughters were shocked and dismayed.
Dignity Did Not Even Call Or Apologize To Jessie’s Family!
Dignity claims that “the dignity of persons requires reverence at every stage of life’s journey from conception to natural death.” Yet Dignity failed to inform Jessie’s mother of her passing. Dignity covertly stored Jessie’s remains for one year while her remains decomposed.
Finally, Dignity’s CEO lacked the decency to have someone apologize to the family. Surely, Dignity knew how this happened. But they never called Jesse’s mother. Finally, Jessie’s family sought an attorney.
World-Wide Condemnation!
Four months later, on August 7, 2024, a lawsuit was filed. The case was reported in the NY Times, the Washington Post, the LA Times, USA Today, the Guardian, The Daily Mail, Reuters, the Hindu Times, and numerous other media outlets worldwide.
Respect for the remains of the deceased is universal. The public response was outrage, expressed in literally thousands of posted comments across all media. Here are just 3 comments.
What state laws appear to have been violated?
Legal Issue #1: Why Didn’t The Dignity Doctor Complete A Mandatory Death Certificate Within 15 Hours?
A California healthcare regulation required the attending physician, Nadeem Mukhtar, DO, to complete the death certificate within 15 hours of Jessie’s death. (Health and Safety Code § 102825). But it took Dr. Mukhtar nearly a year. On April 4, 2024, 362 days after Jessie died, he completed the death certificate. Yet, no explanation was provided by Dignity or by Dr. Mukhtar for his inexplicable, unlawful delay in completing the death certificate.
Legal Issue #2: Why Didn’t Dignity Make Sure The Hospital Filed A Death Certificate Within 8 Days?
In addition to Dr. Mukhtar’s failure to complete the death certificate, Dignity’s Mercy San Juan Medical Center failed to file a death certificate with the local registrar within eight days of the death. (Cal. Health & Safety Code § 102775).
Legal Issue #3: A Required Permit To Move Jessie Peterson’s Remains From Dignity Hospital To Storage At Cremations Only Does Not Exist!
For each death, the state must provide a Disposition Permit for the Disposition of Human Remains (also called a “Burial Permit” or “Disposition Permit”). Under California Health and Safety Code §103070, a permit is needed when a body is buried, cremated, or moved. However, a permit can only be obtained “if the certificate of death is properly executed and complete.”
Hospital Watchdog submitted a Public Records Act request to determine if a permit existed to move Jessie Peterson’s remains from Dignity Hospital to Cremations Only. The California Department of Health Services search could not find a permit to move Jessie’s remains on April 9, 2023.
Legal Issue #4: Why Didn’t Dignity Notify Jessie’s Mother Of Her Death?
California Code of Regulations, Title 22, Section 70707 mandates that ”family requests for information, including a patient’s condition or death, should be addressed promptly and reasonably.” Jessie’s mother was listed as her next of kin. She had contact with the hospital during Jessie’s previous hospitalizations.
Yet, she was never informed of her daughter’s death. In addition to violating a state regulation, Dignity violated federal regulation 42 CFR §482.13. Hospitals must inform a patient’s family or representative of significant changes in the patient’s condition, including death, promptly.
Legal Issue #5: Why Didn’t Dignity Transfer Jessie’s Remains To Her Mother As Required By Law?
California Health and Safety Code § 7100 establishes that control of a deceased’s remains is vested with “the surviving competent parent or parents of the decedent.” Dignity violated this regulation by covertly storing Jessie’s remains for one year, rather than vesting the remains with Jessie’s mother.
Dignity’s Mishandling Of Remains Goes Beyond Jessie Peterson’s Case!
Investigative reporter Lycee Mitri, of the NBC affiliate KRCA, revealed another case where human remains went missing at Dignity’s San Juan Medical Center. After the death of Michael Gray at Dignity, his remains disappeared. Like Jessie Peterson, Mr. Gray also experienced housing instability or homelessness, but he also stayed in close contact with his family.
Mr. Gray’s mother, Valerie Gray, reported him missing in August 2021. A detective discovered his whereabouts by tracking his credit card and finding a purchase at a 711. He went outside and collapsed. An ambulance took him to Dignity, where his death had been unreported for an entire month.
Both Jessie Peterson and Michael Gray were experiencing housing instability or homelessness at the time of their hospitalizations at Mercy.
Are Dignity Administrators Incompetent?
It’s abundantly clear that there are systemic problems with human remains at Dignity Health’s San Juan Medical Center. Over 19,000 patients are admitted to Mercy Hospital each year. These folks deserve an assurance that if they die in this hospital, their remains will be treated with respect and reverence. Dignity has not provided that assurance!
An Attorney Superbly-Qualified For This Case
The attorney for the family is Marc Greenberg from the law firm of Tucker & Ellis. As a former federal prosecutor for the Central District of California, Mark has considerable experience with regulatory compliance, bribery, cybercrime, fraud-related cases, and white-collar criminal cases. He is uniquely qualified to find the truth and achieve justice for the family.
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