The family of a Sacramento Black woman is suing Dignity Health and an off-site morgue after discovering that her organs were harvested without their permission, although she was not registered as an organ donor.
Tonya Walker, 51, died on November 2, 2023, at Mercy General Hospital, operated by Dignity Health. But her family says they were never notified of her death, and instead spent months searching for her as a missing person while her body was quietly transferred to a contracted morgue facility.
According to the civil lawsuit filed this week in Sacramento County Superior Court, Dignity Health failed to notify the family, delayed issuing her death certificate for nearly five months, and unlawfully allowed her organs to be removed and donated without consent.
“They need to be held accountable for the absolute nightmare families are living,” said Rachel Fiset, the attorney representing the Walker family. “No one should have to learn about a loved one’s death months later—especially to find their body mutilated by unauthorized organ harvesting.”
Unauthorized Organ Removal and Delayed Notification
When the family eventually located Walker’s remains at Mortuary Support Services of Northern California, also known as Cremations Only, they say her eyes and skin had been surgically removed. The family claims Dignity Health unilaterally designated Walker as an organ donor and authorized the procedure—despite no documented consent.
“Her face looked like someone poured battery acid on it,” said Walker’s sister, Dalee Marez, who identified the body only by a tattoo on her arm. “We weren’t even advised not to see the body—they just never told us the truth.”
The lawsuit accuses Mortuary Support Services, owned by Michael Robert Lofton, of failing to properly store the remains, including not embalming the body and failing to refrigerate it at the correct temperature. They also allegedly stored the body for over five months without a legal permit, in violation of California health regulations.
Attorneys for the mortuary told KCRA 3 Investigates that they “dispute any liability” and plan to defend the case in court.
Pattern of Mismanagement at Dignity Health
This is now the third known lawsuit against Dignity Health in which families allege delayed death notifications and mishandling of deceased patients. KCRA 3 Investigates previously uncovered that the hospital chain had a backlog of dozens of bodies stored off-site, sometimes for years, without notifying families or issuing legally required death certificates within eight days.
In Walker’s case, the death certificate was signed nearly five months late, all while her family and sheriff’s detectives searched for her.
“This is more than bureaucratic failure—this is a systemic disregard for human dignity,” Fiset added.
State Oversight Lags Behind
The California Department of Public Health (CDPH) has cited Dignity Health hospitals, including Mercy San Juan, for repeated failures in handling deaths—including delays in notifying families, failing to document body transfers, and improper storage of remains. Despite years of citations, no significant enforcement action has been taken, and the department has refused to comment publicly on the backlog.
The lawsuit filed by the Walker family also alleges that the Sacramento County District Attorney may be investigating. However, the DA’s office has not confirmed whether an official probe is underway.
A Family Demands Justice
The Walker family says their goal is not just accountability, but reform—to ensure no other family endures the pain and confusion they experienced.
“They told us nothing. They failed at every level—from hospital to morgue,” said Walker’s other sister, Kalia Zachary. “We just want justice for Tonya.”
As state regulators and legal proceedings unfold, the case highlights glaring gaps in how California hospitals and third-party facilities handle deaths—and how families can be left in the dark, even as their loved ones’ remains are altered without consent.
