California family awarded huge sum after officials incorrectly ID dead man as loved one

A California household was awarded $1.5 million after officers incorrectly informed them their cherished one had died, held a funeral for a unique man and finally found he was very a lot alive weeks later. 

“Nicely, … it was unbelievable … I imply, we had buried him a few weeks prior,” Carole Meikle mentioned of burying a person she believed was her brother, in response to KCAL. 

The blunder unfolded in 2017 when the household was informed Frankie Kerrigan died in Orange County. The household held a funeral for him however discovered weeks later that Kerrigan was alive when a pal who served as a pallbearer at his funeral known as Kerrigan’s dad and mentioned he had proven up at his home. 

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The person’s father, Francis Kerrigan, mentioned he was “overjoyed for a couple of minute, then he thought: “Oh my God, there’s a stranger in Frankie’s grave.”

They quickly found they’d really buried a person who was discovered lifeless behind a Verizon retailer.

“I touched his hair, and I mentioned goodbye,” Francis Kerrigan testified on the trial in Santa Ana.

Frankie Kerrigan has schizophrenia and was about 57 years previous when he was falsely recognized as lifeless. He incessantly lived on the streets, the Related Press reported.  

A Superior Court docket jury this week awarded the household $1.5 million after discovering the coroner’s workplace dedicated negligence and intentional misrepresentation. $1.1 million was awarded to Francis Kerrigan and $400,000 to Meikle. 

“The jury not solely discovered that the Orange County Coroner’s Workplace was negligent, however that its coroners made intentional misrepresentations to the Kerrigan household,” the household’s legal professional V. James DeSimone mentioned. 

“The jury’s verdict speaks volumes — Orange County ought to deal with everybody with care and concern when coping with points as vital as life and loss of life. And if the county institutes a brand new fingerprint system be sure to present coaching and ensure your coroners perceive how the system works,” the household’s legal professional, James Desimone.

A California household was awarded $1.5 million after officers incorrectly informed them their cherished one had died, however was really nonetheless alive. (V. James DeSimone Legislation)
( V. James DeSimone Legislation )

The household was informed Kerrigan had died after officers verified his fingerprints, in response to the household’s lawyer. His identification was really falsely confirmed based mostly on a police officer telling the coroner’s workplace he believed it was Kerrigan based mostly on earlier contact he had with him. A deputy coroner misidentified him based mostly on Kerrigan’s 11-year-old driver’s license photograph, the AP reported. 

“A constructive ID was made with out verifying his fingerprints, with none biometrics, with none science, and it was mistaken,” Meikle mentioned.

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Kerrigan’s father known as the state of affairs “traumatic.” 

“It’s traumatic for us in each means from the start to now, however now it’s in a great way as a result of we’re serving to Frank, and we’re serving to all people else that might probably have this type of mistake,” he mentioned.

A California household was awarded $1.5 million after officers incorrectly informed them their cherished one had died, however was really nonetheless alive. (V. James DeSimone Legislation)
(V. James DeSimone Legislation)

Norm Watkins, who represented the county, mentioned there wasn’t any intention to deceive the household and the county will determine whether or not to enchantment the jury verdict.

“We prolong our apologies to the Kerrigan household for the misidentification of their son and brother,” the Orange County Sheriff’s Division Coroner Workplace mentioned in an announcement to Fox Information Digital. The assertion continued that “insurance policies and procedures for identification of decedents have been up to date and applied on the Coroner’s Division.”

The physique of the person buried in Frankie Kerrigan’s plot was exhumed and returned to his relations. He was recognized as Kansas native John Dean Dickens, 54.

Kerrigan is presently residing in a lodge and had not but been informed concerning the verdict as of Wednesday, in response to the Related Press. 

“If he has some inclination there’s a courtroom case happening, they’re afraid he’ll simply bolt,” DeSimone mentioned.

The Related Press contributed to this report.