The woman who sued Regions Hospital for throwing out her stillborn baby with dirty laundry has reached a settlement in the case.
The terms of the settlement were not disclosed in a memo filed in Ramsey County District Court noting the development. Elizabeth Fors, one of the attorneys representing the mother, Esmeralda Hernandez, declined to comment Friday.
A court filing Friday showed that Hernandez’s attorneys and an attorney for the St. Paul hospital agreed to dismiss her lawsuit with prejudice, meaning Hernandez cannot bring the same claim forward in the future.
The filing said the suit would be dismissed “without costs or disbursements to any party.” Regions Hospital spokesman Vince Rivard declined to elaborate and said the suit was “resolved” and declined further comment.
Hernandez, who now resides in Texas, gave birth to her son, José, at Regions on April 3, 2013. The baby, born prematurely at 22 weeks of pregnancy, was stillborn. Hernandez agreed with the hospital’s offer to cremate José, but instead, his body was found April 16 by workers cleaning the hospital’s laundry at Crothall Laundry Services in Red Wing.
Hernandez sued the hospital last October, alleging that Regions failed to contact police after it learned of the baby’s whereabouts. The suit also claimed that Regions knew the baby was José because of hospital ID bracelets but didn’t inform the Hernandez family until the baby’s discovery had become worldwide news. The suit said the Hernandez family also had to initiate contact with the hospital.
The lawsuit and hospital officials said that a second stillborn baby was also likely sent out with the laundry that same April. That baby was never found.