Whatcom Co. to end contract with medical examiner; report over mishandled bodies released
Whatcom County will terminate its contract with Hunt Forensics PLLC, the business contracted to provide medical examiner services for the county, after a fact-finding report looking into allegations that bodies of the deceased went unrefrigerated over a hot weekend in May revealed gaps in protocols by the Whatcom County Medical Examiner’s Office that ultimately led to two deceased bodies being left unrefrigerated for at least three days, resulting in severe decomposition.
Whatcom County, through the Whatcom County Prosecuting Attorney’s Office, hired Kristofer Bundy of Bundy Law Group PLLC on June 13 to conduct a fact-finding investigation into the allegations that bodies of the deceased in the care of the Medical Examiner’s Office were improperly stored over a weekend in mid-May.
Bundy’s investigation and subsequent report was expected to determine: whether bodies of the deceased were improperly held at Moles Farewell Tributes & Crematory Center’s Bayview Chapel location, which was doubling as a temporary morgue for the county, without refrigeration between May 8 and May 15; the circumstances surrounding the alleged incident; and who was responsible for any bodies that may have been improperly stored or unrefrigerated, according to the county’s contract with Bundy Law Group.
The county initially authorized up to $10,000 from its tort fund for the fact-finding investigation, with Bundy being paid $300 an hour for his services, the contract shows. The county later increased the total amount of the contract, and spent $13,050 on the inquiry, according to Jed Holmes, a spokesperson with the Whatcom County Executive’s Office.
Bundy’s report, which was delivered to the county July 26, determined that two bodies were left unrefrigerated in the garage at Moles’ Bayview Chapel location on Lakeway Drive in Bellingham from May 10-13, resulting in severe decomposition. The situation involving unrefrigerated bodies was an isolated incident, the report states.
“The report does not provide certainty to the exact facts of this situation, and such certainty may not be attainable. However, the report shows that the Medical Examiner’s Office had gaps in protocols, which could have mitigated risks of operations while they were in a temporary, rented morgue facility (Moles Farewell Tributes & Crematory) during the County’s morgue renovation,” according to a Monday, Aug. 5, statement from the Whatcom County Executive’s Office.
The county will now begin a new search for medical examiner services, its statement said, noting that state law requires offices of medical examiners and coroners across Washington state to be accredited by either the International Association of Coroners and Medical Examiners or the National Association of Medical Examiners no later than July 1, 2025, and must maintain accreditation into the future. Holmes said he does not foresee any impacts on its accreditation process.
The county has not yet terminated its contract with Hunt Forensics and Whatcom County Medical Examiner Dr. Allison Hunt is expected to stay on and her business will continue to provide medical examiner services until “an arrangement is made to terminate the existing agreement,” Holmes told The Herald Monday afternoon.
Holmes said the length of time Hunt is expected to stay on is “under discussion,” but that “we aim to find a mutually agreeable arrangement.”
The timing and process of Hunt Forensics’ contract ending are expected to be determined in the coming days, according to the county.
The county will list an official job posting for medical examiner services sometime this week, Holmes said. None of the termination conditions listed in the county’s contract with Hunt Forensics require the Whatcom County Council to vote on the termination, Holmes said.
The county will continue to work with Hunt Forensics, as well as additional partners across northwest Washington “to ensure capacity needs are met,” the county’s statement says.
Holmes said the county has reached out to neighboring jurisdictions to identify potential extra capacity, but that the county has not yet entered into any agreements with additional partners. Because of this, Holmes said it would be premature to provide specifics.
“I appreciate and value Dr. [Allison] Hunt’s service to the County,” Whatcom County Executive Satpal Sidhu said in a prepared statement. “She took on this role in the midst of the pandemic and during a period of an unprecedented number of homicides and overdoses. Preparing the Medical Examiner’s Office for accreditation has been very difficult work, and I deeply respect what she has accomplished here since 2021. Going forward, my administration will continue to provide the resources and support necessary to perform this core service and function for the public.”
Holmes said the county anticipates it could take several months to appoint a new medical examiner, but that it is working toward an interim solution, which could be in place within a couple of weeks.
Since the investigative report’s conclusion, the Executive’s Office has been in discussions with Hunt Forensics.
“These discussions have highlighted a difference in perspectives on the findings of the report and potential corrective actions,” the county’s statement says.
Regarding corrective actions, whether the county saw a way to maintain its contract with Hunt Forensics; and why the county ultimately decided terminating its contract is best, Holmes replied: “I can only speak to this in general terms. While we have confidence in Dr. Hunt’s skills and professionalism as a forensic pathologist, this incident revealed administrative gaps in the Medical Examiner’s Office that were unacceptable, and ultimately Hunt Forensics’ reaction to the report did not rebuild trust with the Executive’s Office.”
“We take very seriously our responsibility to provide these services, which is why [we] moved quickly to make sure we had a credible understanding of what transpired, discussed the inquiry findings with Dr. Hunt, and then decided in due course to move forward on the recruitment of a new Medical Examiner,” Holmes said.
The Bellingham Herald has reached out to Dr. Hunt, her staff, her attorney and the county for comment and more information.
Dr. Hunt’s background
Dr. Allison Hunt became Whatcom County’s medical examiner in January 2022 following the retirement of Dr. Gary Goldfogel, who previously held the position for more than 30 years. Deborah Hollis is Hunt’s operations manager and chief investigator. Whatcom County contracted with Dr. Hunt’s business — Hunt Forensics PLLC — to provide medical examiner services for the county through 2025. The county was currently in the process of transitioning the medical examiner’s office into a county office, making Hunt and her staff county employees. The Herald has asked for an update on the process, in light of the county seeking to terminate its contract with Hunt’s business.
Hunt has been a medical examiner in Miami and Southern California. She received her medical training from the University of Louisville in Kentucky and completed a pathology residency and a forensic pathology fellowship before becoming a medical examiner, according to earlier reporting in The Herald.
Hunt’s business was the only response the county received after putting out two bids for medical examiner services in 2021 following Goldfogel’s retirement, county documents show.
In January 2023, roughly a year into her tenure as Whatcom’s medical examiner, Hunt told the Whatcom County Council that her office was substandard and understaffed and that she was having to conduct many more death investigations and autopsies than was previous practice. Hunt made the allegations during a presentation in which she sought nearly $1 million in additional county funds for the medical examiner’s office.
Goldfogel, the previous county medical examiner, and several of his former colleagues, pushed back on the notion that his work was “substandard,” The Herald previously reported.
The council ultimately approved an increase in funding of $285,820 for the medical examiner’s office, but only for 2023.
The county’s medical examiner office had a budget of $946,919 in 2024, according to county documents.
“We understand there is a nationwide shortage of forensic pathologists,” Holmes said. “However, Whatcom County is a very attractive location and we are confident that we will be able to attract good candidates.”
Temporary morgue
On Aug. 1, 2023, Whatcom County entered into a lease agreement with Lengesot LLC — also known as Moles Farewell Tributes & Crematory Center — to provide temporary space at its Bayview Chapel location in Bellingham for the Whatcom County Medical Examiner’s Office to conduct autopsies, store bodies and perform other duties required by the examiner’s office while the county’s morgue and medical examiner’s offices on State Street in downtown Bellingham are being renovated.
The lease was originally slated to end in March but was extended by the Whatcom County Council at its May 21 evening meeting due to construction delays with the State Street project. The lease was then expected to last through the end of the year, according to county documents.
As part of the lease agreement, Moles was expected to provide space in its garage at its Bayview Chapel location for a cooler that could store up to three bodies. If additional storage space was needed, Moles was expected to transport the bodies to its Greenacres Memorial location east of Ferndale.
The lease agreement stated that Whatcom County would pay Moles $250 per autopsy performed by the county medical examiner’s office at Moles’ Bayview Chapel location. The county also agreed to pay $50 for Moles to transport bodies to its Greenacres location for purposes of “overflow cases,” according to the lease agreement.
“To accommodate overflow, transportation will be provided by the Landlord when mutually determined necessary through coordination with the Medical Examiner’s Operations Manager. Transportation to the Green Acres facility will occur when capacity at the leased facility is limited,” the lease agreement stated.
But in early June, John Moles, fourth-generation owner and funeral director for Moles Farewell Tributes & Crematory Center, requested the medical examiner’s office move staff and equipment off of Moles property, following allegations that roughly two to six dead bodies went unrefrigerated at the Bayview Chapel location between May 9 and May 14, The Herald previously reported.
“We agreed last year to temporarily provide the county use of our preparation room for autopsies, plus office space and a space to place a storage cooler for decedents,” Moles’ statement at the time said. “However, we won’t tolerate substandard operations and the county’s refusal to immediately make clear that Moles Farewell Tributes wasn’t responsible for the negligent care of the decedents.”
In his early June statement, Moles said the funeral home was acting as a landlord and couldn’t move the bodies without a request from the county medical examiner’s office, which Moles contended had a legal responsibility for the bodies.
On May 10, the funeral home told the medical examiner’s office that it needed to make arrangements for the deceased in its care. The medical examiner’s office said funeral homes were coming to pick up the bodies later that day. But when Moles staff returned to work on May 13, the bodies had not been picked up, Moles said in his early June statement.
“It was the sole responsibility of the Medical Examiner’s Office to make arrangements for the proper handling of those decedents. It’s understandable why families are distraught over this situation, and we are heartbroken over this mismanagement and negligence by the Medical Examiner’s Office,” Moles’ statement at the time said.
In response to the county’s report, John Moles said through a spokesperson Monday afternoon: “We agree with the county investigation that did not find Moles Farewell Tributes was at fault and appreciate the proper steps Whatcom County has taken to protect families from such an occurrence in the future.”
The county then entered into a new contract on June 7 with Simple Cremation, a public crematory that aims to help make the service more efficient for locals who choose to cremate a deceased family member, to provide storage and space for the medical examiner’s office to conduct autopsies and store bodies.
The medical examiner’s office had stopped conducting autopsies at Moles’ Bayview Chapel location in Bellingham a day prior, and began conducting them at PeaceHealth St. Joseph’s hospital and Simple Cremation, The Herald previously reported.
The county still holds a contract with Simple Cremation, according to Holmes, the county executive’s office spokesperson.
State, county investigations
In May, the Washington State Department of Licensing and Whatcom County started inquiries into Moles Farewell Tributes & Crematory Center and the Whatcom County Medical Examiner’s Office after becoming aware of the allegations that multiple bodies under the care of the medical examiner’s office went unrefrigerated in mid-May while at the county’s temporary morgue, resulting in severe decomposition, The Herald previously reported.
The state licensing department received a phone call from a local funeral director on May 16 alleging that a dead body they picked up from the temporary county morgue had not been refrigerated while in the care of the county medical examiner’s office. The funeral director alleged that when they received the body May 16, roughly six days after the person died, they found “the decedent severely decomposed and covered in flies,” according to Christine Anthony, a funeral and cemetery inspector, investigator and trust examiner with the state licensing department.
When the state licensing department became aware of the temporary lease agreement between the county, medical examiner’s office and Moles, and that a funeral home was involved, it launched an investigation May 17.
The state licensing department’s Funeral and Cemetery Board licenses funeral directors, embalmers and cemetery operators within the state. It also investigates violations of state regulations related to the funeral and cemetery industries, according to the Washington State Governor’s website.
The state licensing department’s Funeral and Cemetery Board’s investigation is looking into possible violations by Moles of state regulations that govern the refrigeration or embalming of human remains. The licensing department does not have regulatory authority over the medical examiner’s office, but does over Moles, Anthony said.
The state licensing department’s investigator will gather information, such as interviewing the parties involved and requesting any documents, and will then prepare an investigation report. The report is then sent to one of the Funeral and Cemetery Board members, who become the case manager for the complaint, Anthony said.
The case manager reviews the report and will ultimately make a recommendation on what actions, if any, should be taken. The recommendation can range from closure of the complaint with no formal action, closure of the complaint with a letter of education to formal action. If formal action is recommended, the report and any supporting documentation are then sent to the state licensing department’s compliance staff and the funeral board’s prosecuting assistant attorney general, Anthony said. Compliance staff and the prosecutor then work with the case manager to determine whether a statement of charges will be issued.
If a statement of charges is issued against the funeral director or home, embalmer or cemetery operator, they can request a formal hearing before the entire funeral and cemetery board; request a settlement agreement with the case manager, compliance staff and prosecutor; or they can accept the sanctions listed on the statement of charges, Anthony told The Herald.
As of Thursday, Aug. 1, the investigative report has been sent to the case manager for review, Anthony said. The case manager will then review the report and make a recommendation on next steps. There is no estimated timeline for when a recommendation may be made, she said.
Around the same time the state licensing department began its investigation, the county launched its own fact-finding inquiry into the matter at the beginning of June.
By mid-June, Bundy Law Group had been hired to conduct the investigation.
This story was originally published August 5, 2024 at 12:16 PM.
