Couple Sue Funeral Homes After Receiving Deceased Son’s Brain in a Box

Lawrence and Abbey Butler are suing two funeral homes after a deeply distressing incident where their late son’s brain was sent to them separately in an unlabeled, leaking box — a discovery that caused them immense emotional pain and trauma.

The Butlers’ son, Timothy Garlington, passed away in 2023. After his death in Georgia, his remains were shipped to a funeral home in Pennsylvania where the family lived. Among the belongings they collected was a white cardboard box containing a smaller, unlabeled red box. Abbey Butler was unable to open the box initially, but days later, the box began leaking a foul-smelling fluid while inside their car.

Lawrence Butler described the horrific moment when he handled the box and discovered the leaking fluid was brain matter. The smell of death filled his car, a memory he says haunts him to this day. The Butlers contacted the Georgia funeral home, Southern Cremations & Funerals, who confirmed the box contained Timothy’s brain and admitted a mistake had occurred.

Their attorney, L Chris Stewart, explained that the handling and shipment of the brain were negligent and that such remains should never be separated or shipped in this manner without proper labeling and containment as biohazard material. He also questioned how the Pennsylvania funeral home, Nix & Nix, could have handed over the box without verifying its contents or including it on the list of the deceased’s belongings.

Julian Nix, manager of Nix & Nix Funeral Homes, stated that the box was received unlabeled from Southern Cremations and believed to contain personal effects, not remains. He said the funeral home reported the discovery to authorities once the contents were known and that a state board investigation cleared Nix & Nix of responsibility, although supporting documents were not yet available.

The Butlers are seeking compensation and accountability, emphasizing that no apology has been issued by either funeral home. The lawsuit aims to prevent such traumatic errors from happening to other families.

Timothy Garlington, a U.S. Marine veteran who worked in school financial aid in Atlanta, has since been buried at Washington Crossing National Cemetery. However, the family remains uncertain whether his brain was ever properly laid to rest, leaving them with a painful question: “Is he resting in peace?”