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Massachusetts High Court Revives Families’ Lawsuits Against Harvard Over Morgue Body-Parts Theft

The court said the families plausibly alleged Harvard failed to act in good faith under the state’s anatomical gift law.

Overview

  • The Massachusetts Supreme Judicial Court unanimously reversed a lower court’s dismissal, reviving 12 consolidated suits by 47 relatives and allowing discovery to proceed.
  • Claims may move forward against Harvard and Anatomical Gift Program director Mark F. Cicchetti, while lawsuits against manager Tracey Fay were ended.
  • Justice Scott Kafker wrote that alleged pervasive supervision and security lapses could demonstrate a lack of good faith required for immunity under the Uniform Anatomical Gift Act.
  • The opinion detailed transactions tied to the scheme, noting purchases of dissected faces and 39 PayPal payments totaling about $37,000.
  • Former morgue manager Cedric Lodge pleaded guilty in May to interstate transport of stolen human remains for a scheme running from 2018 to 2023 and is awaiting sentencing, and Harvard called his actions abhorrent.