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

Is it really going to snow in New England tomorrow? Here’s what to expect from storm

Published

on

Is it really going to snow in New England tomorrow? Here’s what to expect from storm


We’re still on the good side of the forecast today. We’ll see a good supply of sun to start, then the clouds will increase and a few showers will sink down from the north in the afternoon. We still manage to make it near 70. (Yay.)

Tomorrow’s high temperatures, however, comes after midnight tonight — before falling toward Saturday morning. If you think that’s confusing, try explaining the snow that’ll be flying in the higher elevations across New England (with solid accumulation above 4k feet).

Yes, the weather is upside down for late May.

We can blame an intense, compact upper-level pool of cold air that broke loose from a larger pool near the Arctic Circle days ago.

Advertisement

The pattern across North America has dropped it in our laps for a day, with cold, rainy, windy consequences.

Rain, wind and… snow?

This will be a sneaky storm. Early on, there might even be a calm, bright sky (very) early Saturday morning. Then the clouds move in and the wind intensifies from the northeast. Gust will briefly peak at 50+ along the coast (40+ inland).

Rain will mix with snow in northern New England, and perhaps in the highest elevations of southern New Hampshire and central Massachusetts.

This also depends on the intensity of the precipitation. Heavier bursts of rain can drag down colder air aloft, helping the snowflakes make it from cloud base to your home place (if you live above 1k feet).

Ironically, we’re not expecting a deluge from this storm. Most spots keep near a half inch, with higher amounts near an inch in northeast Mass./southern NH.

And then just like that, it’s over. The storm pulls away Saturday evening, the skies clear and we’re back to sun Sunday. Highs recover to near 70 with the slightest chance for a shower late day.

Better chances – and cooler temps – come both Monday and Tuesday.

Will summer ever take hold? We know from past years that June can really struggle. It appears that the start of the month may not live up to expectations. Although we are at least climbing back to the 80s late next week.

Have a good weekend.

Advertisement



Source link

Continue Reading

Massachusetts

Massachusetts Top Cop Off the Hook for Secret Recording Program

Published

on

Massachusetts Top Cop Off the Hook for Secret Recording Program


The head of the Massachusetts State Police can’t be sued for an alleged program that secretly recorded officers’ phone conversations with civilians and used them to bring criminal charges, the First Circuit said Thursday.

A group of Massachusetts residents filed a putative class against against Superintendent Geoffrey Noble, as well as Motorola and other companies, over the secret recordings, which were used to propose criminal charges in at least 181 cases without prosecutors’ knowledge, the three judge panel said.

The opinion by Circuit Judge Seth Aframe said the residents, led by Jason Courtemanche, failed to show how they’d be directly …



Source link

Advertisement
Continue Reading

Massachusetts

How Hard Health Care Hits MA Family Budgets

Published

on

How Hard Health Care Hits MA Family Budgets


Massachusetts families are spending 8% of their monthly income on health care, according to a new study. That puts the Bay State toward the higher end of the scale, coming in at No. 12 in the country.

The analysis from personal finance website WalletHub examined where people are spending the most and the least on health care.

Alaska was No. 1 in the U.S., spending over 10% of their income on health care. On the other end of the scale, Utah residents spend 5% of their income on health care.

“Sharp increases in health care costs in recent years have made it difficult for some people to seek essential care,” WalletHub Analyst Chip Lupo said. “Even in states with lower-than-average health care prices, residents’ incomes may not be enough to keep up with the cost, especially since virtually every part of Americans’ budgets have been impacted by inflation over the past few years.”

Advertisement

To determine how much families are spending, WalletHub analyzed the prices of five key health care components across all 50 states, then combined those costs and compared them with each state’s median household income.

Read more: 1 MA Town Among 250 Best Places To Live In US News Ranking

Massachusetts spends the most on health care compared to other states in the region, according to the study. Vermont is the next-highest state in the Northeast, ranking at No. 14 with residents spending 7.98% of their income on health care.

Here are the top 10 states where people are spending the most on health care:

  1. Alaska
  2. Oregon
  3. Maine
  4. Mississippi
  5. West Virginia
  6. New Mexico
  7. North Carolina
  8. Montana
  9. South Dakota
  10. Louisiana

Check out the full study at WalletHub.





Source link

Advertisement
Continue Reading
Advertisement

Trending