Connect with us

Massachusetts

Body parts trafficking case: Massachusetts judge dismisses claims against Harvard

Published

on

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.”

Advertisement

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.”

Advertisement

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)

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

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)

Doreen Gordon, Brookline's "cookie lady," died in November 2018 and donated her 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)



Source link

Advertisement

Massachusetts

Massachusetts AG Campbell accused of breaking professional conduct amid audit lawsuit

Published

on

Massachusetts AG Campbell accused of breaking professional conduct amid audit lawsuit


AG Andrea Campbell called Diana DiZoglio’s personal cell phone a day after an SJC justice moved the legislative audit legal case to the full court, a call that the auditor alleges violates the state’s professional conduct rules.

DiZoglio’s fight with Campbell is steaming ahead, even as the attorney general claims that there’s a “path forward” for the voter-approved audit of the state Legislature, over 15 months after 72% of the state signed off on the ballot measure.

DiZoglio’s office argues that Campbell’s attempt to call the auditor on her personal cell phone violates Rule 4.2 of the Massachusetts Rules of Professional Conduct, which prohibits lawyers from communicating directly about a case with an individual represented by another attorney without consent.

“The Attorney General is our state’s top law enforcement officer and should follow the Rules of Professional Conduct,” DiZoglio said in a statement on Wednesday. “I will not participate in dark, shadow conversations with the AG about this lawsuit.”

Advertisement

“That she is trying to get me to speak with her alone, via private cell phone, without my legal counsel present, is unacceptable,” the auditor added.

Campbell’s office is firing back at DiZoglio’s claim, which it says is a “false and baseless accusation.”

“If the Auditor is interested in a solution,” the office said in a statement shared with the Herald, “the AG is available to speak with her or the Auditor’s staff can speak with our office – but as it stands, her office refuses to engage with us directly on a path forward.”

DiZoglio and Campbell have been locked in a legal tug-of-war since voters approved the audit in November 2024.

Siding with legislative leadership, Campbell has claimed that DiZoglio has not answered basic questions on the scope of the legislative audit. The AG argues that the auditor’s review may also violate the state Constitution.

Advertisement

In February, DiZoglio sued House Speaker Ron Mariano and Senate President Karen Spilka for refusing to comply with the audit. The auditor is asking the SJC to allow her to appoint an outside attorney, as Campbell is representing the top Beacon Hill Democrats.

DiZoglio spotlighted Campbell’s attempt to talk with her on her personal cell phone after the AG appeared on GBH’s Boston Public Radio on Wednesday. The auditor also released emails between the two offices regarding the call.

In her radio segment, Campbell admitted to calling the auditor after seeing her at a recent event in Worcester and that she had yet to hear back from DiZoglio. The AG said the message that she is trying to convey to the auditor is that “there’s a pathway forward.”

Speaking at an event on March 16, DiZoglio said, “I have only asked for financial receipts and state contracts. There is nothing unconstitutional about …  getting access to that information.”

Campbell argues DiZoglio has “changed” her stance on the audit’s scope.

Advertisement

Deputy Auditor Michael Leung-Tat expressed his concerns about Campbell’s call to DiZoglio in an email on Monday to Assistant Attorney General Anne Sterman and First Assistant Attorney General Pat Moore.

Leung-Tat emphasized that the last time DiZoglio and Campbell spoke via phone was allegedly in November 2023, when the AG informed the auditor of her support of the legislative audit.

“They don’t have a relationship beyond our office’s official communications,” Leung-Tat wrote, “and, as you know, official business between our offices is conducted at the staff level. … it appears that the Attorney General was calling the Auditor about the pending litigation before the SJC.”

“As you are aware,” the deputy auditor added, “we have been engaged with your office seeking assistance in our efforts to audit the Legislature since 2023, so it is curious that the Attorney General only just now decided to call.

In an email reply, Moore said there was “nothing unethical” about Campbell’s call and that the AGO was “surprised to see” the auditor’s “unfounded assertion.”

Advertisement

“The Auditor has also used her time in those forums make false allegations against the Attorney General and officers of every other branch of state government, recently including judges,” Moore wrote. “Having now heard multiple variations of these comments, the Attorney General felt it appropriate to reach to talk with the Auditor.”

After multiple exchanges back and forth, Moore refuted Leung-Tat’s claims that DiZoglio has answered Campbell’s questions to help the legislative audit proceed. The first assistant AG added that the office “takes pride in our professionalism.”

“We do not, just to pick one example,” Moore wrote, “claim that every state agency funded by legislative appropriation is corrupt; nor that the courts adjudicating our cases are.”

“Nor do we take exception to conferring with those against whom we are litigating,” he added. “We do that every day.”

Advertisement



Source link

Continue Reading

Massachusetts

Massachusetts faces World Cup-test with friendly match in Foxboro

Published

on

Massachusetts faces World Cup-test with friendly match in Foxboro


Massachusetts will get a taste of World Cup action in Foxboro on Thursday.

There is a friendly match between Brazil and France at Gillette Stadium.

It’s being considered a test ahead of World Cup matches in June.

Massachusetts governor Maura Healey says dozens of agencies are involved in making sure the 7 World Cup matches are safe and secure.

Advertisement

Thursday is a test for transportation for the World Cup.

The MBTA will have 4 trains going from South Station to Foxboro.

MassDOT expects heavy traffic to begin later this morning with new traffic patterns near Gillette for the match.

As for the teams, NBC 10 caught up with Team France at their practice.

Team France says it is excited to face off against one of the best teams in the world.

Advertisement

France is ranked 3rd worldwide while Brazil is ranked 5th.

Parking opens at noon while the game’s kickoff is at 4:00 p.m.



Source link

Continue Reading

Massachusetts

Gov. Maura Healey says Massachusetts is ‘match ready’ for World Cup

Published

on

Gov. Maura Healey says Massachusetts is ‘match ready’ for World Cup


Gov. Maura Healey spoke Wednesday about the public health and safety preparations it is making ahead of this summer’s World Cup matches in Massachusetts.

Gillette Stadium — to be called Boston Stadium — will be the site of seven matches between June 13 and July 9.

The state is carrying out planning and training with local, state and federal agencies on everything from transportation and crowd management to cybersecurity, public health, and emergency response.

“Residents and visitors alike can be confident that we are prepared to host a safe, secure and successful World Cup,” Healey said.

Advertisement

Healey said the state secured about $76 million in federal funding to pay for security and preparedness.

The state has more information about the World Cup at Match-Ready Massachusetts.

Comment with Bubbles

BE THE FIRST TO COMMENT

Gillette will host a friendly Thursday between France and Brazil as a warm up to the World Cup.

Advertisement



Source link

Continue Reading

Trending