updated 1/6/2010 2:05:17 PM ET 2010-01-06T19:05:17

Members of a family are suing a funeral home, claiming their mother's brain was sent home in a bag of personal effects given to them after her death.

The lawsuit filed on behalf of four family members in state District Court in Albuquerque says the discovery was made the day after interment, when relatives smelled a foul odor coming from a bag they received from DeVargas Funeral Home and Crematory of the Espanola Valley.

The Albuquerque Journal reported on the lawsuit in a copyright story published Wednesday.

Funeral home owner Johnny DeVargas says the fault does not lie with his business, and that another entity in Utah — where the woman died in a September car crash — was responsible.

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