In Wadley v. St. Vincent's Hosp. (July 20, 2006), Cir. C. No. CV-2004-1257-RSV, 2006 WL 2061785, the fetus, who the parents named Mitchell, died, in utero, at about 13 weeks gestation. Id. at 1. The parents told their obstetrician that they wanted Mitchell to be cremated and did not want any testing performed. At that time, St. Vincent's Hospital had a written policy governing the handling of a deceased fetus which required the placement of the fetus in a pathology container with formalin and obtaining the consent of the parents to both a release of the fetus to pathology and an authorization for the performance of an autopsy. Id. at 6. Pursuant to the policy, "every fetus of less than 20 weeks gestation is directed through the pathology department on the way to be cremated regardless of whether any testing" was to be performed. Id. The mother's physician completed a "surgical pathology ticket" in order to release Mitchell for the purpose of cremation, but did not intend to order any tests. Id. The fetus was, however, dissected and tested by the pathologist and stored, along with 19 other fetuses, in a picnic cooler in the hospital's freezer. Id. at 4. All of the fetuses were cremated together, some 18 months later. Id. When the Wadleys discovered what had happened, they filed suit seeking, inter alia, damages for the mental anguish they suffered as the result of the disposition of Mitchell. Id. at 6. The Wadley court found that the parents had a proper claim for "mental anguish" suffered as the result of the hospital's negligent treatment of a nonviable fetus. Id. at 9.