Bio Care Offices Deemed 'Biohazard'

Work Needed To Remediate Building, Officials Say



ALBUQUERQUE, N.M. -- Albuquerque's Nuisance Abatement team served a warrant Monday morning on the Bio Care premises to determine if there were any biological hazards in the building.

Bio Care's owner, Paul Montano, was arrested March 31 on fraud charges after body parts from his firm were found in biohazard shipments to Stericycle Co. of Kansas City, Kan. Bio Care receives bodies for medical and research and returns the cremated remains to the families, according to its Web site.

The state Office of the Medical Investigator is trying to identify remains taken from the Bio Care premises.

Albuquerque Director of Public Safety Darren White said hazardous materials crews inspected the building Monday and determined there would be work ahead to make the building fit for occupation.

"The name of the building is Bio Care, but right now it's a biohazard," said White.

White said investigators found two large, walk-in commercial freezers -- both full of body parts. One was working, but the other freezer was off.

"When you walk into the building, it's very apparent that there's contamination from the decomposition," said Albuquerque Chief Public Safety Officer Darren White. "The odor is still very strong."

Investigators also found ice chests scattered throughout the building.

"The ice chests have markings on them that it was clear that they were used for human tissue," said White.

Montano, out of jail on $10,000 bond, could be seen sitting in the parking lot with his attorney while crews inspected the office. Although Montano is out of jail, he could face additional charges.

Montano won't have to clean up the building. That responsibility falls on the building's owner, who now has 60 days to complete more testing of the floors and walls. Until then, the building will remain posted as sub-standard.

New Mexico business owner questioned in body parts case

ALBUQUERQUE, N.M. | Police cruisers were parked this evening in front of an Albuquerque business that distributes bodies for medical research while an officer talked to the owner inside.

Police spokeswoman Nadine Hamby said officers were not investigating Bio Care today but merely responding to a request by the Wyandotte County coroner’s office to act as liaisons between the office and the company.

Hamby said the owner of Bio Care agreed to turn over records to police.

“If we feel that …there is a crime committed and the crime is in our jurisdiction, we’ll proceed with an investigation,” she said.

The company has been linked to six heads and tubs of human body parts found inside a delivery truck at a Kansas City, Kan., medical waste facility.

The parts ended up in the custody of Stericycle, a Kansas City, Kan., company that disposes of waste such as operating room debris or syringes but doesn’t incinerate major body parts.

Wyandotte County Coroner Alan Hancock said today that he has identified two men and a woman among the body parts but will not release names until families are notified. He said he hopes to identify more of the remains and then have Albuquerque authorities tell families.

Bio Care is a private firm that encourages people to donate their bodies to science and says it returns cremated remains to families.

Paul Montano, the owner of Bio Care and the affiliated firm, The Learning Center, has not returned phone calls from The Kansas City Star. A man at Bio Care who identified himself as Paul told The Associated Press that his company was not involved and the shipment could have come from anywhere in the southwest.

Stericycle officials have declined comment. An employee there called police weeks ago after finding that workers had partially burned a head and torso.

Joe Lambe, jlambe@kcstar.com; Meredith Rodriguez, mrodriguez@kcstar.com and The Associated Press

An insight into crime scenes clean up services

Crime scene cleanup companies also clean unattended deaths, damaged environments due to tear gas, and other crime and distress scenes. The larger crime scenes that involve mass murder scenes, terrorist attacks and anthrax and other biochemical damage is also taken care by these companies. Crime Scene Cleanup services may also include bird and rodent infested areas. The cleaners in this case require special experience and equipment than a typical cleaning company’s experience and equipment.

Typically, crime scene cleanups start taking place only after the coroner’s office and other government bodies releases the “scene” back to the owner or some other responsible person concerned with it. The cleaning task can not begin till the police investigation is completely finished on the contaminated scene.

In most cases crime scene cleanup is a small business activity. Mostly, small cleaning services like carpet cleaning or water damage companies add services for Crime Scene Cleanup for diversifying their activities. The prominent and recognized organizations in this field of cleaning consist of the Institute of Inspection, Cleaning, and Restoration Certification (IICRC) and the American Bio-recovery Association (ABRA).

Earlier crime scene cleanup was a loathsome job but today it has become a lucrative business. Crime scene cleanup companies can charge anywhere between $100 to $600 per hour depending on the “level of trauma” and the quantity of hazardous material that the cleaners have to deal with and dispose of.

While a crime clean up service is ultimately a business like any other, advertising and marketing your services can be tricky. In a job that involves tragic death; most companies avoid mainstream methods of advertisement. Some choose the standard phone-book route while many others advertise on the side of their vans. Most of these companies largely depend on discreet options like passing out their business cards at service-industry gatherings, police stations and funeral homes.

An important requirement for success in this industry involves being considerate towards the sensitive nature of the work. There are certain crime scene clean-up companies that provide a grief counselor to the families at no cost while others offer discount to needy people. There are many countries where this type of service is funded by government or by religious organizations.

While some people call this emerging field a social trend of commercializing death, others call it plain capitalism. But for many others it still remains an essential service, a godsend. The fact is that whether you like it or loathe it but if you ever end up with blood and brains splashed all over your bedroom walls, you will definitely be relieved that there is someone you can call to clean it up.

Trauma Cleaning: Without Standards, The Pain Can Keep Coming

by Kent Berg
National Institute Decontamination Specialist

As an instructor in crime and trauma-scene recovery and a board member of the American Bio-Recovery Association, I am often approached by attorneys, the public and insurance adjusters to evaluate the service they or their clients received from other crime-scene cleanup companies.

For the most part, these are just routine questions from people who want to make sure that the service they received was within the normal parameters of good practice. But a few times each month I receive calls that just cause my stomach to knot up and my blood to boil.

With the bio-recovery industry in its 14th year, it is mind-boggling to find individuals who still decide that they are going to start-up a new company and declare themselves “experts” in crime and trauma scene cleanup without any research or training.

It is even more outrageous to find that, although they know almost nothing about the science, chemistry, biology or laws of our industry, they are charging fees that are often four or five times the industry average.

The majority of those operating in the industry today are honest, ethical professionals. It’s the few bad apples in the bio-recovery barrel, so to speak, that amplify the problems tainting our industry.

Example 1: The Hit-and-Run Guys
A husband argues with his wife in their kitchen. As she prepares supper, he grabs a shotgun and, standing in the doorway between the kitchen and dining room, blows his head off.

It is still daylight when the police arrive. In order to see better, they open the brain-splattered dining room drapes. Splatter is on the dining room and kitchen walls, but since the body fell onto the vinyl tile floor of the kitchen, the largest amount of blood pooled there.

The family asks the police about scene cleanup, and is directed to a local company. The company tells the family that payment will have to be made in cash prior to starting the job, and that the family will not be allowed inside of the house while the cleaning process takes place.

The family agrees and stays with relatives until they get the call that the job is complete and they can return. The company is long gone, and upon cursory inspection, the rooms look contaminant-free.

It is now night and, in an effort to keep neighbors from seeing into the dining room, the wife pulls the drapes closed. To the horror of the family, the drapes had apparently never been checked and still have blood and brain matter clinging to the material.

The kitchen floor appears to be clean but, when the wife walks across the floor, bright red blood spurts up between the tiles, making little puddles and polka-dotting her shoes.

If this isn’t enough to re-traumatize the family, the wife goes to remove the now-cold pot of chili from the stove and promptly throws up when she sees a 3-inch piece of her husband’s skull nestled neatly atop the pot.

The family contacted the attorney general for their state, who then called me to review the family’s statements prior to a decision on prosecution.

Example 2: The Little-Extra-on-the-Side Guys
A man who lived alone died in his bed of natural causes, but wasn’t found for several weeks. When the authorities were finally called, the decomposition could be smelled from the street.

When a crime-scene-cleanup company was called in, the man’s relatives were told that the odor had permeated everything in the house with disease. Their recommendation was that everything in the house should be removed and destroyed.

The family, already nauseated from the smell, relied on the “professional opinion” of the technicians and agreed to let them remove everything from the good silver and china to the appliances.

In short, every piece of furniture, appliance, electronic component and fixture was removed because they were declared “not salvageable.”

The relatives were then presented with a bill for approximately $40,000! If this wasn’t obscene enough, a few weeks later the family found many of the home’s contents that were supposedly “not salvageable” being sold at a local flea market.

Example 3: The Cutting-Down-on-Overhead Guys
It is standard practice for crime and trauma-scene cleanup companies to dispose of human-blood-contaminated items that can’t be salvaged. They do this by red-bagging and boxing these items and sending them to a medical waste processing facility. This includes dismantling recliners, mattresses, and other large items to fit in these containers.

In this case, a company responded to a gunshot suicide in an apartment. The victim had sat in his favorite recliner and put a pistol in his mouth. The subsequent wound bled profusely until there was no more blood for the heart to pump. This resulted in the complete saturation of the recliner.

In an apparent effort to save on labor and disposal fees, the crew decided that they would dispose of the recliner by wrapping it in plastic, putting it in the back of their truck and then dumping it in the woods of a neighboring county.

All seemed to go well until a few days later, when hunters found the chair and called police. Thinking that they had stumbled upon evidence of a homicide, the police launched a full-scale investigation that lasted for weeks and logged many detective hours before they were actually able to review the crime scene photos of every police department in the surrounding counties.

When the mystery was finally attributed to this particular crime-scene-cleanup company, not only were they slapped with fines for littering, they were saddled with reimbursing the cost of the investigation. Every law enforcement agency that heard about this dropped the company like a hot potato, and the subsequent media attention tarnished the reputation of crime-scene-cleanup companies everywhere.

I would like to emphasize the fact that these complaints are not clients disappointed with a poorly painted wall or an out-of-true vanity top. These are abuses by unscrupulous companies that are subjecting their clients to financial greed, improper disinfection, and re-traumatizing that no one should have to endure.

Could training and certification eliminate these types of abuse? Perhaps a good portion of them, but in the end, it is the honesty and character of the companies themselves that should be monitored. I believe the way to do that is to pursue standards, as well as meeting with our state legislators to create specific regulations for our industry.

Trauma Cleaning: Without Standards, The Pain Can Keep Coming

by Kent Berg
National Institute Decontamination Specialist

As an instructor in crime and trauma-scene recovery and a board member of the American Bio-Recovery Association, I am often approached by attorneys, the public and insurance adjusters to evaluate the service they or their clients received from other crime-scene cleanup companies.

For the most part, these are just routine questions from people who want to make sure that the service they received was within the normal parameters of good practice. But a few times each month I receive calls that just cause my stomach to knot up and my blood to boil.

With the bio-recovery industry in its 14th year, it is mind-boggling to find individuals who still decide that they are going to start-up a new company and declare themselves “experts” in crime and trauma scene cleanup without any research or training.

It is even more outrageous to find that, although they know almost nothing about the science, chemistry, biology or laws of our industry, they are charging fees that are often four or five times the industry average.

The majority of those operating in the industry today are honest, ethical professionals. It’s the few bad apples in the bio-recovery barrel, so to speak, that amplify the problems tainting our industry.

Example 1: The Hit-and-Run Guys
A husband argues with his wife in their kitchen. As she prepares supper, he grabs a shotgun and, standing in the doorway between the kitchen and dining room, blows his head off.

It is still daylight when the police arrive. In order to see better, they open the brain-splattered dining room drapes. Splatter is on the dining room and kitchen walls, but since the body fell onto the vinyl tile floor of the kitchen, the largest amount of blood pooled there.

The family asks the police about scene cleanup, and is directed to a local company. The company tells the family that payment will have to be made in cash prior to starting the job, and that the family will not be allowed inside of the house while the cleaning process takes place.

The family agrees and stays with relatives until they get the call that the job is complete and they can return. The company is long gone, and upon cursory inspection, the rooms look contaminant-free.

It is now night and, in an effort to keep neighbors from seeing into the dining room, the wife pulls the drapes closed. To the horror of the family, the drapes had apparently never been checked and still have blood and brain matter clinging to the material.

The kitchen floor appears to be clean but, when the wife walks across the floor, bright red blood spurts up between the tiles, making little puddles and polka-dotting her shoes.

If this isn’t enough to re-traumatize the family, the wife goes to remove the now-cold pot of chili from the stove and promptly throws up when she sees a 3-inch piece of her husband’s skull nestled neatly atop the pot.

The family contacted the attorney general for their state, who then called me to review the family’s statements prior to a decision on prosecution.

Example 2: The Little-Extra-on-the-Side Guys
A man who lived alone died in his bed of natural causes, but wasn’t found for several weeks. When the authorities were finally called, the decomposition could be smelled from the street.

When a crime-scene-cleanup company was called in, the man’s relatives were told that the odor had permeated everything in the house with disease. Their recommendation was that everything in the house should be removed and destroyed.

The family, already nauseated from the smell, relied on the “professional opinion” of the technicians and agreed to let them remove everything from the good silver and china to the appliances.

In short, every piece of furniture, appliance, electronic component and fixture was removed because they were declared “not salvageable.”

The relatives were then presented with a bill for approximately $40,000! If this wasn’t obscene enough, a few weeks later the family found many of the home’s contents that were supposedly “not salvageable” being sold at a local flea market.

Example 3: The Cutting-Down-on-Overhead Guys
It is standard practice for crime and trauma-scene cleanup companies to dispose of human-blood-contaminated items that can’t be salvaged. They do this by red-bagging and boxing these items and sending them to a medical waste processing facility. This includes dismantling recliners, mattresses, and other large items to fit in these containers.

In this case, a company responded to a gunshot suicide in an apartment. The victim had sat in his favorite recliner and put a pistol in his mouth. The subsequent wound bled profusely until there was no more blood for the heart to pump. This resulted in the complete saturation of the recliner.

In an apparent effort to save on labor and disposal fees, the crew decided that they would dispose of the recliner by wrapping it in plastic, putting it in the back of their truck and then dumping it in the woods of a neighboring county.

All seemed to go well until a few days later, when hunters found the chair and called police. Thinking that they had stumbled upon evidence of a homicide, the police launched a full-scale investigation that lasted for weeks and logged many detective hours before they were actually able to review the crime scene photos of every police department in the surrounding counties.

When the mystery was finally attributed to this particular crime-scene-cleanup company, not only were they slapped with fines for littering, they were saddled with reimbursing the cost of the investigation. Every law enforcement agency that heard about this dropped the company like a hot potato, and the subsequent media attention tarnished the reputation of crime-scene-cleanup companies everywhere.

I would like to emphasize the fact that these complaints are not clients disappointed with a poorly painted wall or an out-of-true vanity top. These are abuses by unscrupulous companies that are subjecting their clients to financial greed, improper disinfection, and re-traumatizing that no one should have to endure.

Could training and certification eliminate these types of abuse? Perhaps a good portion of them, but in the end, it is the honesty and character of the companies themselves that should be monitored. I believe the way to do that is to pursue standards, as well as meeting with our state legislators to create specific regulations for our industry.

Appeals panel agrees that failure to read document doesn't null contract

KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.

"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.

The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.

Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.

On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.

Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.

The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.

"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.

"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.

Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.

The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.

Date Published: January 19, 2010

How Suicide Cleanup is Taken Up

Suicide cleanup is a part of the broad based service of Crime Scene Cleanup which involves crime and trauma decontamination and restoring it to its previous state.

It is a a niche market in the cleaning industry and involves cleaning the biologically contaminated scene of one violent death like suicide, homicide or accidental death, or even the chemically contaminated anthrax exposed site or scene of a methamphetamine lab.

Broadly speaking, crime scene cleanup and suicide cleanup is almost same but there are few exeptions to this rule. Suicide cleanup requires some extra physical effort and psychological sensitivity that the technicians should be able to handle.

Following are some examples illustrating this. A suicide generally involves close range of weapon to body and so in-depth decontamination and thorough cleaning is required. The cleaners also have to handle family members who might be present at the scene searching for answers that why their beloved person decided to end his/her life. The technicians need to remove all traces of any evidence of a suicide so that no remains are present for family members and friends that might remind them of the tragedy. Restoring of a suicide scene also means clean and restore sentimental items that mean the lot to the family of the deceased and requires additional time and effort. On a visual inspection of any suicide scene you will generally find a lot of blood and bodily fluids, but invisible to the eye, a great amount of biohazard contamination is also bound to be there.

The suicide cleanup technicians have to search thoroughly in all areas, even those that can not be seen or accessed easily and remove all traces of them from the scene. Most suicide cleanup services have their staff trained in not only dealing up with decontaminating and cleaning up issues but also about dealing with family and friends with sensitivity and compassion. Since most of such companies work in association with leading insurance companies so they can even help you to bill the insurance company directly thus saving you all the hassles. A suicide cleanup consists of the following steps.

Firstly the scene should be evaluated. Next all contaminates should be located and decontaminated. A thorough search should me made again to decontaminate any traces of contaminates that might have been left out. All types of bio hazardous agents should be properly disposed of. Any microscopic remains should b treated with chemicals and the environment should be treated for odors.

Last but not the least all tools and equipments should be disinfected. But before you attempt to clean a suicide scene on your own it is always better to consult a trained professional first.