February 10, 2025 – The Massachusetts Supreme Judicial Court heard arguments today regarding Harvard Medical School’s potential liability in a lawsuit filed by families of individuals whose donated remains were allegedly misused and sold by a former morgue manager. The court is considering whether the Uniform Anatomical Gift Act (UAGA) grants Harvard immunity, a key issue in determining whether previously dismissed lawsuits can proceed.
Justice Scott Kafker voiced concerns that absolute immunity may lead to unintended consequences, shielding Harvard from accountability despite benefiting from body donations. Plaintiffs, represented by Sauder Schelkopf and other firms, argue that the law protects the donation process but does not excuse mishandling of remains once in the institution’s custody.
The case stems from allegations against former morgue manager Cedric Lodge, who, along with accomplices, is facing criminal charges for selling body parts. The plaintiffs seek to hold Harvard accountable for alleged supervisory failures, pointing to evidence such as security footage and other indications that the school should have been aware of Lodge’s activities.
The ruling could have significant implications for institutional liability in handling anatomical donations. The case, Anne Weiss et al. v. President & Fellows of Harvard College et al., is currently pending before the Massachusetts Supreme Judicial Court.
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