The parents of a Las Vegas toddler have filed a civil lawsuit accusing shuttered McDermott’s Funeral Home of keeping their daughter’s body in “deplorable” conditions and dragging out her cremation for months. According to the complaint, the family waited more than four months before receiving what they were told were their child’s ashes, which arrived without the metal identification tag they had been promised. The suit names McDermott’s Funeral Home and seeks general, special and punitive damages along with attorneys’ fees, renewing scrutiny of the scandal that led state regulators to pull the funeral home’s license last year.
Allegations in the complaint
The lawsuit, filed Jan. 22, 2026, says 1‑year‑old Autumn Amelia Presley Serna died at University Medical Center on June 29, 2024, and that her body was taken to McDermott’s the next day, according to court documents. The complaint alleges that inspectors later found Autumn among multiple decedents stored in a cooler and that the facility kept bodies in unsanitary, leaking conditions. Those claims and excerpts from the complaint are detailed by the Las Vegas Review‑Journal and in reporting by FOX5 Las Vegas.
Regulators’ findings and transfers
State funeral board investigators documented July and August 2024 inspections that found multiple bodies, including one baby, wrapped in soiled sheets and “leaking bodily fluids,” according to records from the Nevada State Board of Funeral & Cemetery Services. The board revoked McDermott’s license last summer, and the Clark County coroner’s office later helped move 146 decedents from the Western Avenue facility to Davis Funeral Home while officials worked to identify remains, as laid out in public records and local coverage of the shutdown.
“Losing anybody is hard, but losing your child is horrible,” Autumn’s mother, Alyssa Serna, told FOX5 Las Vegas, describing the family’s anguish and their fear that the ashes they received might not be their daughter’s. Serna told the station that Autumn drowned. The complaint says the family did not receive the child’s remains until Nov. 4, 2024, and that the cremains arrived without a metal identifying tag. The suit alleges McDermott’s had assured the family the cremation would occur within seven to 28 business days but failed to meet that timeline.
Claims and damages
The family is seeking general, special and punitive damages exceeding $15,000, plus interest, costs and attorneys’ fees, according to the complaint and reporting by the Las Vegas Review‑Journal. The filing links the family’s allegations of mishandling and possible misidentification to the funeral board’s inspection notes and to a series of delayed cremations documented in state records.
History and local fallout
McDermott’s had already faced complaints and disciplinary actions over delayed cremations and paperwork problems, a pattern described in funeral board documents and local reporting. Owner Christopher Grant told regulators in earlier correspondence that some delays stemmed from waiting on approvals from Clark County Social Services. The board concluded that McDermott’s still violated state rules and ultimately revoked the license.
After the shutdown, Clark County formally ended its contract with McDermott’s, and several families publicly voiced fears that they might have received the wrong ashes as cremations were reprocessed at other facilities, according to local coverage.
Legal implications
The civil suit centers on claims of negligence, breach of contract and emotional distress. Attorneys are expected to rely heavily on inspection reports, transfer logs and the funeral board’s published findings as documentary evidence. Whether prosecutors will pursue a criminal investigation remains unclear. The Nevada State Board’s disciplinary history and the coroner’s involvement create an evidentiary trail that could factor into any civil or criminal review. Reporting indicates that attorneys for McDermott’s did not respond to requests for comment and that the owner has been difficult to reach since regulators moved in.
What families should know
Clark County officials and the receiving funeral home say they are working to identify decedents and notify relatives. Families with questions about a specific case are being urged to contact the Clark County coroner’s office for the most current information. County leaders have asked for patience while transfers, identification efforts and civil litigation continue in Clark County court…