Parents say brain of deceased son given to them; funeral homes in Philly, Georgia sued

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PHILADELPHIA - A horrifying discovery was made as a family laid their son to rest, and blame is being placed on the funeral homes for their handling of his remains, as well as the intentional infliction of emotional distress.

What we know:

Lawrence and Abbey Butler, the parents of Timothy Garlington, have filed a lawsuit Nix & Nix Funeral Homes in Philadelphia and Georgia-based Southern Cremations & Funerals. 

The brain and brain matter of their 56-year-old son were inadvertently returned to them after his death in November 2023, according to court documents.

Both funeral homes were hired to handle the funeral arrangements for their son, who was from Philadelphia, but lived in Georgia at the time.

His body was transported from Southern Cremations & Funerals to Nix & Nix Funeral Homes, where his parents went to pick up their son's personal effects and belongings.

The lawsuit alleges that a white, unmarked cardboard box was given to the Butlers by staff, but they were unable to open it at the time.

"Unbeknownst to the Plaintiffs, the Subject Box contained their decedent son’s brain and/or brain matter," the lawsuit states.

When the box started to smell and leak fluids, the parents attempted to remove it from their vehicle, spilling biohazardous liquid.

What they're saying:

"The Butlers seek to hold both funeral homes accountable for their gross misconduct in mishandling their son's remains, which has caused severe emotional distress to both parents," according to a statement by the parents' attorneys.