Judge rules Harvard immune from morgue body part lawsuits

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update: 

• A Massachusetts federal judge ruled Harvard University cannot be held liable for the actions of a former medical school morgue manager criminally charged with stealing and selling body parts. 
• The judge agreed with Harvard’s argument that it is shielded from claims by way of an immunity provision included in Massachusetts’ Uniform Anatomical Gift Act. 
• Forty-seven people, mostly relatives of those who donated their bodies to the school, filed a dozen lawsuits against Harvard in the wake of the former morgue manager’s actions.
• The plaintiffs argued Harvard’s negligence enabled the morgue manager’s actions, resulting in their emotional distress.
• The judge ruled the plaintiffs would have needed to show Harvard failed to act in good faith for it to be held liable, despite the immunity provision. 

Harvard Medical School stolen body parts class action lawsuit overview: 

• Who: John Bozek has filed a class action lawsuit against Harvard Medical School. 
• Why: Bozek claims Harvard Medical School bears responsibility for the alleged actions of a former morgue manager who has been indicted for allegedly mishandling cadavers that had been donated to the institution. 
• Where: The class action lawsuit was filed in Suffolk Superior Court in Boston.

(July 4, 2023)

A class action lawsuit has been filed against Harvard Medical School over claims the institution bears responsibility for the alleged mishandling by a former morgue manager of body parts belonging to donated cadavers. 

Plaintiff John Bozek claims Harvard Medical School is guilty of negligence, breach of duty and infliction of emotional distress on behalf of what could be up to 400 families of donated cadavers, The Associated Press reports. 

Bozek argues his mother’s body was mistreated by former morgue manager Cedric Lodge, his wife and three others, after being donated to Harvard Medical School for research purposes, following her passing. 

Lodge and his alleged co-conspirators were indicted in a Pennsylvania federal court earlier this month on charges they stole and sold human remains from the Harvard morgue without the school’s knowledge, consent, or permission. 

Bozek, meanwhile, argues Harvard Medical School owed the families of the donated cadavers a duty of care after being entrusted their bodies, The AP reports. 

Former Harvard morgue manager allegedly part of network that bought, sold stolen remains 

Lodge and his alleged co-conspirators are accused of being part of a nationwide network of individuals who bought and sold human remains stolen from both the Harvard morgue and a mortuary in Arkansas, according to The AP. 

More than 300 different people have reportedly already come forward in the case, with lawyers urging more families who believe their loved ones’ cadavers may have been mistreated to reach out, according to WMUR. 

The U.S. attorney’s office, meanwhile, has said it is working to identify potential victims and to contact their families. 

Individuals who believe the remains of their family members may have been mistreated are urged to contact the Justice Department by telephone at 717-614-4249. 

A class action lawsuit was filed against Harvard Pilgrim Health Care Inc. and Point32Health Inc. earlier this month over claims they failed to properly safeguard and secure the private data of more than 2.5 million Harvard health plan participants during a March data breach. 

Have you donated a loved one’s body for science? Let us know in the comments.

Read About More Class Action Lawsuits & Class Action Settlements:

• MOHELA slow to process Public Service Loan Forgiveness applications, class action alleges
• 5 universities reach $104.5M settlement in student aid price-fixing class action
• Ole Miss coach responds to player’s mental health lawsuit
• Columbia University class action claims school failed to safeguard sensitive info, resulting in data breach