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Families affected by the mishandling of remains at Harvard Medical School appealed a judge’s decision to dismiss their class action lawsuit against Harvard alleging the University was negligent in oversight of its anatomical gift program.

The appeal comes two weeks after Massachusetts Superior Court Judge Kenneth W. Salinger ruled to dismiss the lawsuit against Harvard, arguing that Massachusetts’ Universal Anatomical Gift Act provided Harvard with immunity because it “made a good faith attempt to comply with the requirements of the UAGA.”

Kathryn Barnett, an attorney for the plaintiffs, told Law.com that the court is unable to know if Harvard should be granted immunity because the case has not gone to discovery.

“This isn’t something that happened once or twice. This happened over, according to the indictment, at least five years,” Barnett said. “There’s no way that Harvard was monitoring the morgue and its operations appropriately.”

HMS has faced controversy since Cedric Lodge, the school’s former morgue manager, was indicted by federal prosecutors last summer for selling and transporting human remains donated to the HMS Anatomical Gift Program.

Denise Lodge, Cedric Lodge’s wife, pled guilty last month to the interstate transport of remains following her role in receiving payment from and shipping remains to buyers across the country from the Lodges’ home in New Hampshire.

An external report released by HMS in November found that the school had little oversight and loose regulation over its gift program, noting that more ethical training was needed for morgue workers.

HMS Dean George Q. Daley ’82 and then-Provost Alan M. Garber ’76, who is now serving as the University’s interim president, announced the formation of a task force to review and implement recommendations from the report.

The families originally argued that Harvard had failed to properly oversee the morgue and should have had more measures in place to prevent misuse.

A spokesperson for HMS declined to comment, citing a policy against commenting on ongoing litigation. Lawyers for the families and Harvard did not immediately respond to requests for comment.

—Staff writer Akshaya Ravi can be reached at akshaya.ravi@thecrimson.com. Follow her on X @akshayaravi22.