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    Saturday, May 04, 2024

    New lawsuit against Harvard in wake of body part trafficking

    Pedestrians walk toward the Harvard Medical School, Aug. 18, 2022, in Boston. Federal investigators discovered a human remains trade with connections to Harvard Medical School and have arrested people in several states. According to prosecutors, the defendants were part of a nationwide network of people who bought and sold remains stolen from the medical school and an Arkansas mortuary. (AP Photo/Charles Krupa, File)

    Yet another lawsuit filed against Harvard in the wake of allegations that a worker in its Anatomical Gifts program morgue was selling body parts online has taken a different approach: placing the people whose bodies were sold front and center.

    “I was reading about cadaver this and cadaver that reading the coverage and it’s been freakish horrors” leading the complaints, attorney Kathryn Barnett, of national law firm Morgan & Morgan, told the Herald Friday. “I have a deep empathy for the families. I have sat with the families and heard their stories.”

    It’s not just that empathy that leads the stories of Glenn Wilder Sr., Marshall Jolotta, Joseph Gangne, Doreen Gordon, Donna Pratt, Patricia Sergio, Billie Flanagan and Mickey Maxwell Cohen — all of whom “generously entrusted the remains” to Harvard’s Anatomical Gifts program so that future doctors could learn from them — taking up a full third of the 31-page complaint, but also a bit of strategy.

    “We want to include a lot of families in this complaint,” Barnett told the Herald, adding that those who are named on the complaint are likely to be those who testify at trial, so having as many named plaintiffs representing the lawsuit’s class will increase the likelihood of the case breaking through.

    Barnett has kind of made cases that involve human remains a bit of a specialty, and notes that these are “not regular malpractice cases or a slip and fall case; these are complicated legal issues.”

    The Suffolk Superior Court civil lawsuit filed on the first of the month is seeking class-action status, as are the earlier lawsuits previously covered in the Herald.

    The first was filed by attorney Jeffrey Catalano and Jonathan Sweet of the Milton-based Keches Law Group, P.C. on behalf of John Bozek and “and all others similarly situated” on June 16, mere days after a federal grand jury in Pennsylvania indicted Harvard Medical School morgue employee Cedric Lodge, 55, of Goffstown, N.H. — along with a slew of alleged co-conspirators and alleged customers — on conspiracy and interstate transport of stolen goods charges.

    Plaintiff Bozek, of Tewksbury, is the son of Adele Mazzone, who the lawsuit said had arranged to “temporarily donate her body to Harvard and HMS to further the study of science and medicine” prior to her death on Feb. 5, 2019.

    Within a month, two more suits had popped up.

    One was filed on behalf of Anne Weiss, one of three surviving daughters of Dr. William and Mrs. Nancy Buchanan of Greenfield. William Buchanan made arrangements to donate his body to the medical school — the pediatrician’s alma mater — prior to his death at 90 in 2018. This suit include photos of Lodge in dark regalia — “ the garb of the undertaker in a Dickens novel with a black hat and overcoat” — and disclosed that he had a license plate indicating he viewed himself as the Grim Reaper.

    A third was filed in federal court in Boston, representing Robert Johnson, of Bradford, the son of a woman named Anne Weaver, who like Mazzone and Buchanan, had donated her body to the Anatomical Gift Program.

    Barnett, who says citations like this are “heartbreaking every time” and wo keeps “hoping it will be the last one,” says her suit is different in that the suit specifically requests “a judicial declaration that Harvard is responsible to gather every piece of the remains” and to then identify those remains to the greatest extent possible, allowing the remaining family to make the decision of how those remains should be disposed of” at Harvard’s expense.

    A sample of the people included in the complaint is Glenn Wilder Sr., a Korean War veteran and lifelong resident of Scituate who donated his body to HMS because he believed the school to be “the bastion of excellence.” He died June 1, 2019.

    Marhall Jolotta, another lifelong Bay State resident and avid fisherman, served in the Navy before becoming a licensed practical nurse and a diesel mechanic, said that “He chose Harvard in part based on Harvard’s outstanding reputation, often joking with some pride that we was going to be the first in his family to go to Harvard.”

    Doreen Gordon was a world-traveler, culture lover, avid reader and known for a long time in Brookline as the “cookie lady,” who would deliver cookies to her yoga class at the Senior Center and to those in hospice. The complaint adds “she had a gift for making everyone around her feel seen and important.”

    Harvard has said that it doesn’t comment on pending litigation.

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