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Jersey City’s Christ Hospital seems to have made a gross and alarming error by accidentally throwing the body of a deceased premature baby boy into the trash.

Though hospital spokespersons insist that Bashere Davon Moyd Jr., delivered by local woman Kalynn Moore, 26, on December 21, was stillborn, Moore reported in a news conference today that the baby was born alive, and that she held him for a moment before he died when doctors failed to stabilize his heart rate.

The baby’s body was first missed on January 2, when a funeral home representative came to pick it up at the morgue. Jersey City Police has since determined that it must have been discarded in hospital trash, and are now searching New Jersey and Pennsylvania garbage dumps for it.

The issue of whether the boy was born dead or not is crucial to any potential lawsuit against the hospital, since New Jersey State law does not consider a stillborn baby to be a person.

Moore’s lawyer, Michael Anise, said a lawsuit is likely and that there is no reason that a body of a baby — born alive or not — should be placed in the trash. –Geoff Mulvihill, AP

Though police are not currently pursuing this case as a criminal investigation, there is speculation that it could ultimately become one.

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