FORT LAUDERDALE - Hundreds of family members who sued the world's largest funeral-services firm because their relatives' graves were desecrated or mishandled will share a $100 million settlement, attorneys announced Thursday. A judge gave his preliminary approval to the agreement with Service Corporation International, which owns two Menorah Gardens cemeteries in Broward and Palm Beach counties accused of desecrating and disturbing graves.

Circuit Judge J. Leonard Fleet said the settlement would avoid the "excruciating agony" of court trials detailing the desecration. The families allege the cemeteries misplaced, lost track of and oversold plots, smashed vaults and in some cases dug up remains to make room for new graves.

One trial that was to begin this week involved the family of former Air Force Col. Hyman Cohen, whose remains were dug up and tossed aside to make room for more graves.

"Death is a part of life, but when there are events that occur after the internment that resurrect the pain, that is the most difficult thing to deal with," Fleet said.

An attorney for the families, Ervin Gonzalez, said that up to 700 families could receive shares of the $100 million because their loved ones' graves were disturbed. A large chunk of the settlement, about $29 million, will go to families involved in a dozen of the most egregious cases, including Cohen's.

Reassuring families

Others affected by the settlement, an estimated 21,000 whose loved ones are buried in SCI cemeteries, could receive a refund or benefit because graves will be re-sanctified and surveyed by an outside panel to make sure they are located where family members intended.

SCI attorney Barry Davidson said the company has accepted responsibility for the problems at the Menorah Gardens cemeteries, firing the employees accused of the desecration, and hopes the settlement will give the families relief.

The Houston-based company already has settled a state lawsuit by paying $14 million in fines and restitution and promising that burial problems won't happen again.

"In our view, this is an additional step to reassure the families and the folks who have people buried there that we're going to do everything in our power to make things right," Davidson said. "There are no two cemeteries in the world that will be more squared up and correct by the time this is over."

Davidson said SCI also hopes to settle a Palm Beach County lawsuit filed by 67 people involving similar claims.

Some family members expressed relief at this week's settlement, but others, including Cohen's son, said it would be difficult to move beyond the tragedy.

Sheldon Cohen said he still is waiting to bury his father, whose remains were recovered by investigators in nearby woods.

"This should not be forgotten. This is not over. My father is still in an evidence box," Cohen said. "It was all about money for them, and this was the best way for them to cut their losses. We can only just hope and pray that this is not business as usual."

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