The family of a California woman that was allegedly declared prematurely dead is filing a medical malpractice lawsuit, after an appeals court overturned a lower court’s decision. 80-year-old Maria de Jesus Arroyo suffered a heart attack in 2010 and was taken to the freezer inside Boyle Heights hospital, according to CBS News. When the morticians took her out a few days later, Arroyo’s body was face down with a broken nose, cuts, and bruises.  Arroyo’s family then filed a suit, suggesting Arroyo’s body had been mishandled; instead, a pathologist testified that Arroyo was actually alive and had been attempting to get out the body bag. This new information led the Arroyo family to withdraw their first suit and file a second medical malpractice suit, which a lower court threw out based on the time limit for such cases. The appeals court, however, ruled that the family had no reason to suspect Arroyo was still alive, and is allowing the family to continue on with the malpractice suit.

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