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Judge dismisses lawsuits against Harvard over stolen body parts
A state judge ruled Monday that Harvard is “not vicariously liable” for the actions of a former morgue manager accused of stealing and selling body parts.
A Suffolk Superior Court judge on Monday dismissed all claims against Harvard University over the alleged theft of human remains from the medical school morgue, a macabre case that made international headlines and brought scrutiny to the college’s anatomical donations program.
Harvard Morgue Case:
Harvard was facing a dozen lawsuits from 47 people whose close relatives donated their bodies to the school for education and research — individuals who were “understandably horrified” to learn their loved ones’ remains may have been abused and desecrated, Judge Kenneth W. Salinger acknowledged in his ruling.
Many of the lawsuits also named former Harvard Medical School morgue manager Cedric Lodge, a New Hampshire man accused of stealing and selling dissected body parts such as brains, skin, and bones. Lodge was federally indicted alongside several others last June.
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The families’ lawsuits accused Harvard of negligence in connection with Lodge’s alleged actions, but Salinger determined the claims don’t negate Harvard’s immunity under the state’s Uniform Anatomical Gift Act, which shields anyone who follows the statute or attempts to do so in good faith.
“Though the appalling things that Lodge allegedly did are not protected by this immunity statute, the allegations in the complaints make clear that Harvard … [is] not vicariously liable for Lodge’s actions,” the judge wrote.
The families will be able to appeal the dismissal immediately, without waiting until the separate claims against Lodge are resolved, Salinger noted.
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“It may not seem fair that Harvard can avoid responsibility and liability in this case even if, as plaintiffs allege, it was negligent in overseeing the HMS morgue and as a result let Lodge get away with stealing body parts for years,” he acknowledged. “But the Court must follow the clear command of the UAGA immunity provision.”
Morgan & Morgan attorney Kathryn Barnett, a lawyer for the plaintiffs, has already vowed to appeal the dismissal.
“We are disappointed in the Court’s decision,” Barnett said in a statement. “These families have had to relive the trauma of losing their loved ones many times over, and we strongly believe that they deserve a day in court. We will appeal this ruling and keep fighting for them to win justice.”
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