The Lubbock County Medical Examiner’s office continues to be embroiled in controversy as two lawsuits and an investigation question its autopsy practices involving children.
One of those lawsuits was filed by attorneys for Rebecca Villarreal, whose granddaughter Elaina’s name was listed in autopsy instructions that detailed organ removal on two children.
Related: National Autopsy Assay Group defends medical decisions, after lawsuit filed
Villarreal said this was done without family permission and she still wants to understand what happened to Elaina.
NAAG, the company that oversees the medical examiner’s office, has said that permission is not needed for autopsies to be done and said the removal of organs is common. They issued us a statement on this follow-up story. You can read their full statement at the bottom of this article.
Villarreal was told the autopsy results would take three to four months and it’s now been seven months, she said.
“We can’t hug her, we can’t kiss her, we can’t tell her happy birthday,” Villarreal said. “This is a nightmare. I lost her and then to find this out, it’s just a nightmare. You just want to wake up and it not happen.”
She said this week is especially painful for the Villarreal family. It’s not only the 7-month anniversary of the day Elaina died, but Tuesday would have been her 11th birthday, Villarreal said.
The family gathered at Carlisle Park to read a prayer and sing happy birthday to Elaina before releasing balloons in her honor.
“As a mommy, this is your child, you want to know why,” Villarreal said.
Right now the only documents the family or EverythingLubbock.com has seen regarding the medical examiner’s practices were written instructions. Without an autopsy, it’s not clear if the removal of any organs was ever done.
Related:D.A. provides update on the Lubbock County Medical Examiner’s Office investigation
EverythingLubbock.com requested those autopsy results as well as they are considered open record and has also not received a copy.
Here is the full statement from NAAG Pathology Labs:
There have been a number of statements concerning the Lubbock County Medical Examiner’s office that are misleading and should be corrected.
The Medical Examiner’s Office is a statutorily appointed, governmental office that plays a critical role in the criminal justice system and public health. Under Statute 49.25, relatives or family members have no role in determining whether an autopsy should be performed during a potential criminal investigation. Unlike “hospital” or “academic” autopsies which are performed at the request of family members (who give legal “consent,”) a medical examiner’s autopsy never requires family consent. The repeated claim that the family’s permission was required to perform an autopsy is false.
An autopsy involves the removal of organs for examination. Not every death investigation and autopsy are the same. Some cases are much more complicated, requiring extensive additional work and consultations with experts. Complex cases may take extended periods of time to reach proper conclusions which are critical to facilitate the prosecution of guilty parties and the exoneration of the innocent.
Upon completion of an autopsy report, results are turned over to law enforcement agencies and district attorneys. In many cases, the results cannot immediately be released to family members, the media or the public because the case is being investigated by law enforcement.