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By Aleks Phillips
U.S. News Reporter
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A judge in Massachusetts has dismissed a series of civil claims brought against Harvard University by the relatives of descendants who donated their bodies to the institution's medical school, which were allegedly stolen and sold by a former morgue manager.
In a ruling on Monday, Superior Court Justice Kenneth W. Salinger, a graduate of Harvard Law School and Tufts University, granted the university's motion to dismiss 12 cases brought against it that claimed it failed to ensure the human remains were properly cared for.
It comes after Cedric Lodge was charged in June last year over the alleged theft and trafficking of human remains between 2018 and early 2023. According to CNN, Lodge was fired on May 6 for the "abhorrent betrayal" of Harvard's trust.
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Lodge was among six people to be indicted by a federal grand jury for a conspiracy to sell the stolen remains as part of a service offering macabre merchandise.
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At the time, the U.S. Attorney for the Middle District of Pennsylvania, Gerard M. Karam, commented that "some crimes defy understanding," but said Harvard Medical School was "also a victim here."
While Salinger said the relatives were "understandably horrified that the physical remains of their loved ones may have been abused and desecrated" after being used for science, he denied the cases against Harvard.
He said: "The factual allegations in the complaints do not plausibly suggest that these Harvard defendants failed to act in good faith in receiving and handling the donated bodies, or that they are legally responsible for Mr. Lodge's alleged misconduct."
Salinger wrote that Harvard was covered by qualified statutory immunity from legal proceedings relating to the donating of bodies for science as it was "not vicariously liable for the alleged misconduct of the former manager."
Salinger said that the immunity provided by the Uniform Anatomical Gift Act of 1971 (UAGA)—which governs the donation of human remains in Massachusetts—would not be overcome by demonstrating negligence on the part of Harvard, as all that was required for immunity was that the institution made a good-faith attempt to comply with the law, whether it was successful or not.
While he said that "it may not seem fair that Harvard can avoid responsibility and liability in this case even if, as plaintiffs allege, it was negligent," the court "must follow the clear command of the UAGA immunity provision," which "implements a legislative policy judgment that the court must enforce without questioning whether it is wise, effective, or sound policy."
The families of the victims have expressed anger and upset towards the ruling, and indicated they intend to appeal it.
Paula Peltonovich, the daughter of one of the alleged victims, told New Hampshire news channel WMUR that it was "not fair," adding: "It just makes you sick[...]I'm tired of crying about the whole thing, and nobody has to pay for it."
Kathryn Barnett, an attorney at law firm Morgan & Morgan that is representing several of the families, described the ruling as a "get-out-of-jail-free card." She told Newsweek she would "absolutely" be appealing the ruling, saying: "We feel strongly that these families deserve a day in court."
Barnett said she believed Salinger "erred in several ways and that this ruling would set a dangerous precedent for anatomical gift programs across the country" as institutions that handle remains would only be liable if they could be shown to have knowledge of alleged misdeeds.
"That decision would free all institutions from any liability for anything that happens to the remains entrusted to them, no matter how outrageous or horrific—so long as the institution turns a knowing blind eye to how the remains are handled," she said.
"This decision, in effect, tells medical schools and others that they should not engage in any oversight....Who would ever make the selfless gift of body donation if this is the standard?"
Newsweek also approached Harvard via email for comment on Tuesday.
Update 2/13/24, 11 a.m. ET: This article was updated to include comment from attorney Kathryn Barnett.
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