Calif Mother's Lawsuit Over Son's Heart Tossed

Calif mother's lawsuit over son's heart tossed

DALY CITY, Calif. -- A state appeals court has dismissed a lawsuit by a Daly City mother who says the county coroner kept her son's heart without her consent after an autopsy.

The three-judge panel of the California First District Court of Appeal said Tuesday that Selina Picon never established that the San Mateo County Coroner's Office had to get her consent to keep the heart of her 23-year-old son.

Nicholas Picon died unexpectedly at home in 2006. Officials say the coroner's office retained his heart to confirm the cause -- a previously undetected heart defect. Selina Picon didn't realize until weeks after her son was buried that the county still had his heart.

The judges said that while they sympathize with the mother, there isn't enough evidence to support the case against the county.