Finding a brain in your grandmother's effects sucks. However, is it grounds to sue? Who is responsible? Someone messed up, that's for sure. People will be potentially hunted by that image for a long time. Maybe the funeral home should have taken a peek in the bag before handing it over (as they will be doing from now on). Maybe the entity in Utah shouldn't have had access to her personal effects. Maybe they shouldn't have removed the brain. Maybe the family should show respect to the grandmother by not pursuing money.
The question being asked is whether or not the family has the RIGHT to sue. First of all, no one has needed the RIGHT to sue in a very long time. Also, having that right has no effect on whether or not they'll win. Plenty of undeserving people win millions of dollars from innocent victims, and likewise, plenty of totally deserving people get screwed. Our systems is not always about being fair. It's about lawyers, money, politics and publicity. Now, I'm not saying that I have a solution here, I'm just answering to the fact that arguing whether or not this family can sue is futile.
Maybe in the future funeral home directors will check bags for brains, and this will be avoided. In the meantime, let's not waste TOO much time worrying about whether Rogue Grandma Brains entitle us to cash settlements. It's the weirdest get-rich-quick scheme I've seen in a while, for sure. Besides, they should focus on kidneys, there's two: double the money. Get over it, people. It's a brain. Just some fat.
Email Shaun