A judge in Massachusetts has dismissed lawsuits brought against Harvard Medical School (HMS) by families who accused the school of negligence and the mishandling of the bodies of their loved ones. The families argued that the former manager of the school’s morgue sold body parts of their loved ones on the black market and that HMS is liable.
According to Reuters, Suffolk County Superior Court Judge Kenneth Salinger ruled that the 12 lawsuits did not plausibly allege that HMS had failed to act in good faith in the handling of the bodies, which were donated to the school. The judge also ruled that the lawsuits did not plausibly allege that HMS was responsible for the ex-morgue manager Cedric Lodge’s “horrifying” alleged conduct in selling the body parts.
“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,” Salinger wrote.
He said, “Lodge and others (all from outside of Harvard) entered into and carried out a conspiracy to steal and sell body parts and tissue from human bodies that had been donated to HMS for education use. As part of this scheme, Lodge repeatedly brought unauthorized people into the HMS morgue to view donated bodies and select parts that they wished to purchase. Lodge would cut out and take away the selected body parts, so that he and his wife could sell and sometimes ship them to customers. Lodge engaged in this scheme from at least 2018 until early 2023.”
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The buyers likely resold the body parts, said prosecutors, and Lodge also took stolen human remains to his home in New Hampshire where he and his wife Denise then sold them. They also shipped body parts out of state. Lodge was fired in May 2023 and in June, he and his wife were indicted on federal charges including conspiracy and interstate transport of stolen goods.
Harvard argued that Lodge removed and sold the body parts after the bodies had met their educational use and were awaiting cremation or other final disposition. Salinger determined that HMS, Managing Director Mark Cicchetti, and Manager of the Anatomical Gift Program at HMS Tracey Fay did not engage in this conduct and can’t be held liable for what Lodge did.
The families behind the lawsuits plan to appeal Salinger’s decision, according to Kathryn Barnett, an attorney representing many of them.
Lodge and his wife pleaded not guilty to conspiracy and interstate transport of stolen goods. They, along with two other defendants, face trial in federal court on August 5.
