Body decomposed ‘beyond recognition’ at coroner’s before family notified, lawsuit says

A coroner held a man’s body for more than 3 1/2 months before notifying his family that he had died, according to a lawsuit filed by the man’s brother in California.

Njawa Pendar died at a hospital and was taken into the custody of the Santa Clara County coroner’s office on Sept. 9, according to the lawsuit, filed in Santa Clara County Superior Court on April 10.

On Dec. 26, 108 days later, one of Pendar’s brothers received a call from an investigator at the coroner’s office notifying him that his brother was dead, the lawsuit says.

When Pendar’s brother asked why it had taken so long to be notified, the investigator said, “We’re sorry. Somewhere along the line we dropped the ball,” the lawsuit says.

The county did not respond to a request for comment from McClatchy News.

Two of Pendar’s brothers went to the coroner’s office in San Jose on Dec. 27 and asked to see their brother’s body but weren’t given permission, the lawsuit says.

His body had “decomposed beyond recognition,” and his family wasn’t able to embalm him or hold a funeral service for him, according to the lawsuit.

In the lawsuit, one of Pendar’s brothers, Samuel Pendar, said his brother’s body could have been “forgotten due to his race” because he was Black.

He also accuses the coroner’s office of intending to hold his brother’s body indefinitely so that it could “unlawfully dispose of it or use it for other unlawful purposes.”

“There are implications here that go beyond gross negligence,” the lawsuit says. “That is, lack of care, dignity and compassion for a human being and his loved ones.”

Njawa Pendar’s body had also been erroneously classified as having no next of kin, according to the lawsuit.

Samuel Pendar did not respond to a request for comment from McClatchy News.

The negligence of the coroner’s office caused Pendar’s family “extreme emotional distress,” including “mental suffering, mental anguish, fright, grief, humiliation and worry,” the lawsuit says. The family is seeking compensatory and punitive damages of more than $500,000.

Santa Clara County is in the Bay Area of California, and the county seat is San Jose.

This story was originally published May 1, 2023 at 3:54 PM with the headline "Body decomposed ‘beyond recognition’ at coroner’s before family notified, lawsuit says."