Inspection tied to human torso delivery uncovers numerous violations at Fargo medical waste facility

Nov 27, 2023

FARGO — A state investigation related to a lawsuit claiming Sanford Health staff delivered a human torso to the company's waste facility found numerous violations against North Dakota's solid waste management laws and rules.

In June, Texas-based Monarch Waste Technologies filed a breach of contract lawsuit against Sanford Health and the hospital company's Health Environmental Services (HES), claiming hospital staff delivered a human torso to a Fargo medical waste facility, and trespassed on its property and improperly removed significant waste from the facility.

Sanford’s Health Environmental Services division entered into a 10-year agreement with Monarch in September 2020 that would allow a Monarch medical waste treatment and disposal facility to operate in Fargo at 1420 40th St. NW, according to a civil complaint. The two companies also share a facility in Valley City, North Dakota.

In documents received by WDAY News, the notice of violation by the North Dakota Department of Environmental Quality reveals a timeline of inspections at the Fargo waste facility that uncovered numerous violations.

Healthcare & MWT-NOV by Eric Bolin on Scribd

Sparked from a complaint that Monarch was not processing waste within 72 hours, inspectors on March 15 found the facility did not properly handle, store, or transport medical waste.

The facility had waste residue in a roll-off container outside the facility without a cover, and there was a lack of records, the report said.

The Fargo facility did not have proof waste was bring processed within 72 hours, the report said, noting facility staff said there was no refrigerator at the site, so waste was not allowed to be held longer than 72 hours.

During the March inspection, Monarch staff said they rejected a "torso" for treatment, but never filed a waste rejection report to deny the torso when it was delivered, the report added. Monarch then followed through with the rejection report for the torso, labeling it as "Human Body — entire upper torso to right above knee. 270 lbs."

In a conference call with the department on May 24, Monarch said it rejected the torso and asserted that Sanford had taken the torso for disposal.

In June when investigators inquired about the torso, Sanford staff said it came from their "biology skills lab" and that it was used to teach new clinicians.

The torso was delivered on Feb. 20 to the Fargo facility, according to Sanford in the report. The hospital claims Monarch moved the bin with the torso in and out of the facility every day between then and March 8.

Sanford claims it no longer had access to the facility after March 8, and did not know what happened to the torso, claiming Monarch never asked them to pick it up.

Then Monarch staff told inspectors in June that while personnel did not sign for the acceptance of the torso, it was put in a refrigerated trailer, the report said. The next time Monarch personnel went into the trailer, the torso was gone, according to the report, with its whereabouts unknown. The report does not mention where the torso is now.

In its civil complaint, Monarch said a Sanford employee “accepted” and signed the waste manifest on behalf of Monarch. Monarch didn’t know about the signature at the time, and a waste facility employee discovered the torso on March 7 after noticing a “rotten and putrid smell,” the complaint said.

In other findings within the report, Monarch personnel were not instructed in specific procedures to ensure compliance with the facility's permit, plans and administrative rules, failing to operate the Fargo facility in accordance with its permit.

The March 15 inspection also found that Sanford's HES was not conducting any waste activities at the Fargo facility and no longer had access to the building, therefore transferring its waste to the facility in Valley City.

An inspection into the Valley City location also found similar violations, while HES said it removed Monarch as a tenant and operator of that facility.

In total, the state is alleging 16 violations against Monarch and Sanford's HES, including the improper handling of solid waste and failing to train staff on permits.

Monarch CEO David Cardenas told WDAY News that as of now, the medical waste facility no longer has any violations.

In a statement, Sanford said the findings reveal Monarch's failure to carry out its required responsibilities.

“The State’s findings set forth in the notice starkly reflect Monarch’s failure to perform as promised, validate Sanford’s immediate actions to intervene in order to safeguard public health and support the claims Sanford has now asserted against Monarch. Sanford will formally respond to the State’s notice and is committed to continuing to work with the State to address the situation.”

The two companies have until Aug. 24 to respond to the department.

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