Massachusetts
Body parts trafficking case: Massachusetts judge dismisses claims against Harvard
A Suffolk Superior Court judge dismissed the combined family lawsuit against Harvard University related to a human body parts trafficking ring connected to its medical school morgue.
The suit combined 12 separate lawsuits filed on behalf of relatives of people who donated their bodies to the Harvard Medical School Anatomical Gifts program, in which the bodies would be used to train future doctors at the renowned school. The judge dismissed the claims against Harvard University as well as the managers of the Anatomical Gifts Program — March Cicchetti and Tracey Fay.
Most of the suits also targeted Cedric Lodge, the former morgue manager at the heart of the disturbing allegations, and some other defendants. Complaints can stand against Lodge and non-Harvard Medical School-related defendants.
Superior Court Justice Kenneth W. Singer, in his Monday ruling, wrote that he allowed Harvard University’s motions to dismiss the claims “because 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.”
The chief plaintiff lawyer in the now-dismissed suit, which combined 12 lawsuits representing 47 plaintiffs, promised in a statement that she would appeal the decision.
“We are disappointed in the Court’s decision. 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,” attorney Kathryn Barnett, of national law firm Morgan & Morgan, said. “We will appeal this ruling and keep fighting for them to win justice.”
A Harvard Medical School spokesman did not immediately respond to a request for comment on Tuesday. The school has previously said that it does not comment on pending litigation and the criminal suit against Lodge and others is still pending in federal court.
Justice Singer, across the 18-page document, argues that even if every allegation brought in the complaints were factually true, Harvard itself has wide protections under the 1971 Uniform Anatomical Gift Act, which governs the system of anatomical gifts in Massachusetts and was last revised in 2012.
“The Harvard Defendants are entitled to dismissal of all claims against them because those claims are barred by the UAGA grant of qualified statutory immunity so long as the Harvard Defendants made a good faith attempt to comply with the requirements of the UAGA,” Singer writes, “… the facts alleged also make clear that the Harvard Defendants are not vicariously liable for the alleged misconduct of the former manager of the HMS morgue, and thus cannot lose their qualified immunity based on his bad acts.”
The allegations against Lodge and five others in the accused body parts trafficking ring were disclosed last June by the U.S. Attorney’s office for the Middle District of Pennsylvania, in a suit claiming the existence of a “nationwide network of individuals bought and sold human remains stolen from Harvard Medical School and an Arkansas mortuary.”
Prosecutors in the federal suit say that Lodge from 2018 through 2022 would even let potential buyers into the school to look at body’s and select parts to buy. It is in these type of actions that Singer says Lodge acted well outside the scope of his employment.
“The plaintiffs’ factual allegations do not plausibly suggest that Lodge’s actions in marketing, stealing, and selling human body parts were motivated, even in small part, by a purpose to serve the interests of HMS,” Singer wrote. “To the contrary, Lodge’s horrifying scheme was allegedly undertaken for purely personal gain and could not possibly have been of any benefit to HMS or furthered the interests of HMS in any way. Plaintiffs therefore may not rely upon Lodge’s alleged misconduct to defeat Harvard’s qualified immunity.”
Courtesy / Suffolk Superior Court filing
Harvard Medical School Anatomical Gift Program morgue employee Cedric Lodge. (Courtesy / Suffolk Superior Court filing) Courtesy / Morgan and Morgan law firm
Marshall Joletta, center, is seen with is family before his death in November 2017. He donated his body to Harvard Medical School. (Courtesy / Morgan and Morgan law firm) Courtesy / Morgan and Morgan law firm
Doreen Gordon, Brookline’s “cookie lady,” died in November 2018 and donated her body to Harvard Medical School. (Courtesy / Morgan and Morgan law firm)
Two Plymouth, Massachusetts teens were saved from the summit of Mount Washington after a leg injury stranded them.
Khang Nguyen,17, said he and his friend, 18-year-old Vaughn Webb, thought they were well prepared for their hike on Saturday. They brought trekking poles, layers, microspikes for their boots and more.
But halfway up the trail, Nguyen feared the worst when his leg began to hurt.
“It was just incredibly painful to lift up my right leg,” he explained. “I told [Vaughn] to leave me behind so I could go on my own pace and for him to reach the summit to get help at first.”
The pair managed to reach the top of the mountain but had to seek shelter next to a building as wind gusts increased, and the air temperature reached 38 degrees. Nguyen said they also ran out of food and water. The New Hampshire Fish and Game Department received the 911 call around 7:30 p.m. and quickly alerted a State Park employee who began to search for the two teens.
“Conservation Officers then began responding in four-wheel-drive pickup trucks to try and get to the summit and back ahead of incoming snow,” the game department said in a statement.
After around 30 minutes of reaching both Webb and Nguyen were found. They were taken inside a building and Nguyen was being treated for his injury.
“The worker that was up there, [said] that they came in record time, and we appreciate their help a lot. It saved our lives potentially,” Nguyen explained.
The pair was successfully taken off the mountain by 10 p.m. The two teens are now safely back in Massachusetts and are incredibly grateful to their rescuers.
As libraries across western Massachusetts celebrate National Library Week from April 19 to April 25, they are honoring “the last real third space where everyone is welcome,” in the words of Greenfield Public Library Assistant Director Lisa Prolman.
According to the American Library Association, National Library Week is “an annual celebration highlighting the valuable role libraries and library professionals play in transforming lives and strengthening our communities.” This year, several libraries in the region will be hosting events to highlight the roles they play in their communities.
The Athol Public Library is among the venues engaging in National Library Week festivities, with a whole host of events starting on Tuesday, April 21, with Silly Goose Story Time at 10:30 a.m. The library will hold multiple events each day, including “Free Book Friday” on April 24, which Assistant Director Robin Shtulman said is “really fantastic.”
Shtulman said the week celebrates and emphasizes the “freedom to read, community outreach and celebrating the staff, without whom nothing would happen.”
The Athol Public Library said in an event announcement that “whatever brings you joy, the library has something for everyone,” and that aspect is being emphasized this National Library Week. To name a few of the events on tap, on Tuesday, April 21, from 3:30 to 5:30 p.m., there’s a volunteer opportunity where teens will make greeting cards for senior citizens; “A Minecraft Movie” will be shown at the same date and time; and on Thursday, April 23, the library will host Scavenger Hunt Bingo for all ages. For a full list of events at the Athol Public Library, visit atholpubliclibrary.com.
In Shelburne Falls, the Arms Library will feature a gallery from the Carlos Heiligmann Collection, a series of photos of public libraries across western Massachusetts. Also in collaboration with the Arms Library, Pothole Pictures and the Shelburne Falls Area Women’s Club will partner for a screening of “Free For All: The Public Library” on Saturday, April 25, at 2 p.m. at the Shelburne Falls Theater at Memorial Hall.
The documentary focuses on the evolution of the public library from its origins in the 19th century and the challenges it faces today, with modern-day issues such as book bans, funding cuts and debates over censorship.
It also explores the role that women’s clubs, like the one in Shelburne Falls, played in creating the modern library system. To serve their communities, women’s clubs took the lead in fundraising, collecting books and advocating for library legislation.
“Our women’s club in this town started with a group of 60 women who were gathering for lessons. … Because of the support of women in the U.S., we established over 80% of the public libraries [in the country],” said Christin Couture, program chair for the Shelburne Falls Area Women’s Club. “This film … I hear it’s so fascinating.”
Following the film’s screening, there will be a panel of local librarians who will engage in “lively conversation” about the history and future of public libraries. Tickets are $6, though school-age children will be admitted for free.
In Charlemont, Tyler Memorial Library will host an open house on Saturday, April 25, from noon to 2 p.m. featuring refreshments, a tour of the library and sun catcher crafting.
The Greenfield Public Library, meanwhile, is taking National Library Week in a bit of a different direction, as it is offering a book repair demonstration with Tom Hutcheson on Thursday, April 23, at 3:30 p.m. The day marks William Shakespeare’s birthday.
Although the book repair session required registration and is currently full, those who are interested may be placed on a waiting list at greenfieldpl.libcal.com/event/16460179.
Greenfield Public Library Director Anna Bognolo recognized the hard work that everyone has put into making the library a success, offering a “huge thank you” to the volunteers and staff who make its varied offerings possible.
“Stop by and support your library,” Bognolo said.
“Libraries, especially in this economy, are more important than ever,” Prolman said. Referencing the library’s role as a place where community members can go that is not work or home, she added, “They are the last real third space where everyone is welcome, and we don’t charge you for being here.”
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