Harvard Med shouldn’t be off the hook in body parts trafficking case
The nightmare continues for the families of those who willed their bodies to Harvard Medical School for research, only to find that their loved ones’ remains were allegedly trafficked by morgue employee Cedric Lodge last year. On Tuesday, they were hit with another horror: Harvard Medical School bears no responsibility.
That was the ruling by Massachusetts Judge Kenneth Salinger, who dismissed the families’ lawsuit against Harvard University.
“The Court will allow the motions to dismiss all claims against Harvard, (Harvard employees Mark) Cicchetti and (Tracey) Fay. 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,” the judge wrote in an order, according to The Hill.
It all boils down to “good faith,” the underpinning of the Uniform Anatomical Gift Act cited by Salinger. Under it, Harvard Medical School has immunity as it made a goodfaith attempt to comply with the law.
The Uniform Anatomical Gift Act needs a redo.
In most civil claims in the U.S., the legal doctrine respondeat superior is applied. Under it, an employer can be held accountable for negligence or wrongdoing committed by its employees.
Medical schools are not sacred institutions, even if they are affiliated with Harvard. While they aren’t businesses, per se, they shouldn’t be less liable for the acts of those they employ. Especially when it comes to bodies donated for research.
Those who will their bodies to science are to be commended for letting their remains teach others about disease and other medical conditions. The least they and their families should expect is that those remains be handled with respect, care and diligent oversight.
If anything, medical institutions should meet a higher level of stewardship. And when the unthinkable happens, such as the alleged trafficking by Lodge, they should be held accountable.
School leaders acknowledged the depravity when the story broke last year.
Harvard deans George Daley, the dean of the Faculty of Medicine, and Edward Hundert, the dean for Medical Education, issued a joint statement calling the act “an abhorrent betrayal.”
“We are appalled to learn that something so disturbing could happen on our campus — a community dedicated to healing and serving others. The reported incidents are a betrayal of HMS and, most importantly, each of the individuals who altruistically chose to will their bodies to HMS through the Anatomical Gift Program to advance medical education and research,” they wrote in the statement.
Yes, it was a betrayal of those who willed their bodies to HMS, and a devastating blow for their families.
“Acting in good faith” just doesn’t cut in the face of such egregious acts. God forbid, should more cases such as this emerge in coming years, future families should not have to hit the brick wall of institutional immunity.
It’s time to fix the Uniform Anatomical Gift Act.