Commonwealth of Massachusetts, Suffolk County Superior Court – Business Litigation Session MacTaggart v. President and Fellows of Harvard College (In re Harvard Morgue Cases) Case No. 2384CV01389-BLS2 NOTICE OF CLASS ACTION SETTLEMENT IF YOU ARE A SPOUSE, CHILD, GRANDCHILD, PARENT, OR SIBLING OF AN INDIVIDUAL WHO DONATED THEIR BODY TO THE HARVARD ANATOMICAL GIFT PROGRAM, OR IF YOU ARE THE PERSON IDENTIFIED BY THE DONOR IN AN INSTRUMENT OF ANATOMICAL GIFT, YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUIT. A court has authorized this notice. This is not a solicitation from a lawyer. You are not being sued. Please read this Notice carefully and completely. A proposed $53 million settlement has been reached in a class action lawsuit. The people who sued are family members of individuals who donated their bodies to the Harvard Anatomical Gift Program, as well as individuals named by donors in the Instrument of Anatomical Gift. The Settling Defendants are President & Fellows of Harvard College (“Harvard”) and Mark F. Cicchetti. The Plaintiffs allege that the Settling Defendants failed to safeguard the donated remains of deceased individuals. According to the lawsuit, this alleged failure allowed others to improperly remove, dismember, and sell some of those remains. The lawsuit alleges these actions caused emotional distress and uncertainty about what happened to loved ones’ remains. Harvard and Mr. Cicchetti deny these allegations, and the Court has not decided who is right. You may be eligible to receive a cash payment upon the submission of a valid Claim Form, which is attached to this Notice if any one or more of the following apply; (1) you are a spouse, registered domestic partner, child, parent, sibling of a person who donated their body to the Harvard Anatomical Gift Program and whose body left the Harvard Morgue and was sent for cremation or burial on or between January 1, 2003 and March 31, 2023; (2) you are the person designated on the Instrument of Anatomical Gift of a person who donated their body to the Harvard Anatomical Gift Program and whose body left the Harvard Morgue and _______ Harvard Morgue Settlement Page 1 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com was sent for cremation or burial on or between January 1, 2003 and March 31, 2023; (3) you received a letter from Harvard addressed to you regarding the subject matter of the lawsuit on or about June 14, 2023, and/or on or about December 7, 2023 in connection with a person who donated their body to the Harvard Anatomical Gift Program and whose body left the Harvard Morgue and was sent for cremation or burial on or between January 1, 2003 and March 31, 2023; (4) you are a grandchild of a Donor whose body left the Harvard Morgue and was sent for cremation or burial on or between January 1, 2018, and March 31, 2023; or (5) you are a named Plaintiff in one of the consolidated cases in this matter with claims relating to a person who donated their body to the Harvard Anatomical Gift Program and whose body was sent for cremation or burial on or between January 1, 2003 and March 31, 2023. Your legal rights may be affected depending on whether you act or do not act. Please read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT To receive the cash benefit described in this notice, you must OPTION 1: SUBMIT A submit a claim form by mail or through the settlement portal CLAIM (which you can find on the settlement website) by December 9, 2026. Write to the Court and the lawyers for both sides if you do not OPTION 2: OBJECT like the Settlement. The Court will consider your objection in TO THE determining whether to approve the Settlement. SETTLEMENT The deadline to object to the Settlement is November 16, 2026. OPTION 3: DO Do nothing and receive no cash benefit. NOTHING For complete information and to file a claim, scan this QR code to go directly to the Settlement website, www.HarvardMorgueSettlement.com _______ Harvard Morgue Settlement Page 2 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com WHAT THIS NOTICE CONTAINS BASIC INFORMATION .......................................................................................................... 4 1. Why did I get this notice? ....................................................................................................................4 2. What is a class action lawsuit, and who is involved? ..........................................................................4 3. Why is this lawsuit a class action?.......................................................................................................4 4. Why is there a Settlement? ..................................................................................................................4 WHO IS IN THE SETTLEMENT ............................................................................................. 4 5. Am I part of this Settlement? ...............................................................................................................4 6. I’m still not sure if I am included. .......................................................................................................5 THE SETTLEMENT’S BENEFITS .......................................................................................... 5 7. What does the Settlement provide? .....................................................................................................5 8. How will settlement benefits for Settlement Class Members be calculated? ......................................6 9. If I submit a claim form, when will I receive the settlement benefit? .................................................6 YOUR RIGHTS AND OPTIONS .............................................................................................. 6 10. Do I need to do anything now? ..........................................................................................................6 11. What do I need to do to receive the cash benefit provided for by the Settlement? ...........................6 12. How do I object, if I want to? ............................................................................................................6 13. What happens if I do nothing at all? ..................................................................................................7 14. When will the Court decide whether to approve the Settlement?......................................................7 THE LAWYERS REPRESENTING YOU ................................................................................. 7 15. Do I have a lawyer in this case? ........................................................................................................7 16. Should I get my own lawyer? ............................................................................................................8 17. How will the Class Counsel be paid? ................................................................................................8 GETTING MORE INFORMATION ......................................................................................... 8 18. Is more information available? ..........................................................................................................8 _______ Harvard Morgue Settlement Page 3 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com BASIC INFORMATION 1. Why did I get this notice? If you are a spouse or registered domestic partner, child, parent, or sibling of an individual who donated their body to the Harvard Anatomical Gift Program, or if you are the person identified by the Donor in an Instrument of Anatomical Gift as the designee, or a person to whom Harvard addressed correspondence regarding the subject matter of the lawsuit on or about June 14, 2023, and/or on or about December 7, 2023, or a grandchild of a Donor within the “Primary Settlement” class defined below, and/or you are a named Plaintiff in the consolidated causes of action in this matter, then you may be a member of the Settlement Classes (subject to certain exceptions, described in Section 5 below). If you received this notice in the mail or an email notice about this lawsuit, then available records show that you may be a member of one of the Classes. The Court authorized the sending of this notice because you have a right to know about this class action and about your options in connection with the Settlement. 2. What is a class action lawsuit, and who is involved? In a class action, one or more people sue on behalf of a larger group of people with similar claims. The people who bring the case are called “Plaintiffs” or “class representatives.” The larger group is called the “class” or “class members.” The companies and individuals that are being sued are called the Defendants. In a class action, a court decides the claims of the Plaintiffs and all the class members against the Defendants in one case. That decision, whether in favor of the Plaintiffs and the Class or in favor of the Defendants, binds all class members. The Plaintiffs named as class representatives for the Primary Settlement are Nicole MacTaggart and Glenn Wilder, Jr. The Plaintiff named as the class representative for the Pre-2018 Settlement is Plaintiff Scott Cavanagh. The Settling Defendants are President and Fellows of Harvard College and Mark F. Cicchetti. 3. Why is this lawsuit a class action? The Court has decided, for purposes of the Settlement, that this settlement may go forward as a class action settlement because it meets the requirements of Massachusetts Rule of Civil Procedure 23, which governs class actions in Massachusetts courts. 4. Why is there a Settlement? The Court has not decided whether the Plaintiffs’ claims are correct. Instead, both sides have agreed to the Settlement before the Court decides those issues. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in this notice. This proposed settlement is a compromise. It does not mean that the Court decided anyone did anything wrong. Settling Defendants deny all the allegations and all legal claims in this case. Plaintiffs and their attorneys think the Settlement is best for Settlement Class Members. WHO IS IN THE SETTLEMENT 5. Am I part of this Settlement? The Settlement creates two classes based on the date that the donor’s remains departed from the Harvard Morgue for final disposition. Membership in the Settlement Classes depends on (1) your relationship to _______ Harvard Morgue Settlement Page 4 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com a Donor to the Harvard Anatomical Gift Program and (2) when the Donor's remains left the Harvard Morgue for final disposition. As to the relationship with the Donor, to be a member of one of the Settlement Classes, you must be: • the spouse or registered domestic partner, child, parent, or sibling of a person who donated their body to the Harvard Anatomical Gift Program; • the person named by the Donor in the Instrument of Anatomical Gift as the Donor’s designee; • a person to whom Harvard addressed correspondence regarding the subject matter of the Actions on or about June 14, 2023, and/or on or about December 7, 2023; • a grandchild of a Donor who qualifies for the Primary Settlement Class; or • a named Plaintiff in one of the consolidated actions in this matter. In addition, the Donor's remains must have left the Harvard Morgue for final disposition during one of the following time periods: • Primary Settlement Class: Class members with claims relating to Donors whose Removal Receipt Date (the date the Donor’s body left the Harvard Morgue and was sent for cremation or burial) is on or between January 1, 2018, and March 31, 2023 • Pre-2018 Settlement Class: Class members with claims relating to Donors whose Removal Receipt Date (the date the Donor’s body left the Harvard Morgue and was sent for cremation of burial) is on or between January 1, 2003, and December 31, 2017 You are not included if you are one of the Defendants; one of the people or entities released by the Settlement; Cedric Lodge; Denise Lodge; the judges who have worked on this case; or a member of those judges’ immediate families. Based on the information and records provided by Harvard concerning Donor records and the dates that Donors were released from the anatomical gift program for cremation or burial, the Settlement Administrator may be able to determine which Class you may be a part of. 6. I’m still not sure if I am included. If you are still not sure whether you are a member of one of the Settlement Classes, you can call or write to the lawyers representing the Plaintiffs and the Settlement Classes in this case or contact the Settlement Administrator at (888) 511-3418. Their phone numbers or addresses are provided below. THE SETTLEMENT’S BENEFITS 7. What does the Settlement provide? Under the proposed settlement, the Settling Defendants will pay: • $52.5 million into a settlement fund for the Primary Settlement Class; and • $500,000 into a settlement fund for the Pre-2018 Settlement Class. In addition to cash payments, as part of this Settlement, Harvard shall also provide additional consideration that includes: (1) a live-webinar statement for claimant families from the Dean for Medical Education of Harvard Medical School condemning the criminal conduct that occurred as morally reprehensible and inconsistent with the standards that Harvard expects for the treatment of AGP Donors and their loved ones; (2) a statement summarizing the significant changes to oversight, security, policies, and training that have been put into place to improve the operations of the Harvard AGP; and (3), Harvard will establish an AGP Donors Scholarship in honor of those individuals who donate their bodies to the AGP to further medical education and research to be awarded to a medical student to help defray the costs of medical school. _______ Harvard Morgue Settlement Page 5 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com 8. How will settlement benefits for Settlement Class Members be calculated? The benefits will be calculated in two steps. First, each net settlement fund will be divided equally by the number of Donors with respect to whom timely and valid claims have been filed. Second, that amount of money will then be allocated between the individuals who filed timely and valid claims based on their relationship to a particular Donor. A detailed explanation, including examples, is provided in the Plan of Allocation. The Plan of Allocation and other important documents are available on the Settlement website. 9. If I submit a claim form, when will I receive the settlement benefit? If the Court approves the settlement and there are no delays, payments are expected to be sent within 60 days after the Settlement becomes effective. The Court has scheduled a hearing on December 9, 2026, but the Court may not approve the Settlement on that date. Payments may be delayed for other reasons as well. For updates, please visit the settlement website at www.HarvardMorgueSettlement.com. YOUR RIGHTS AND OPTIONS 10. Do I need to do anything now? You must decide whether to: • submit a claim form to ask for a payment; or • object to the settlement if you disagree with it; or • do nothing If you want money from the settlement, you must submit a claim form, even if you object to the Settlement. If you want to object, you must do so by November 16, 2026. If you do nothing, you will not receive any money from the settlement. 11. What do I need to do to receive the cash benefit provided for by the Settlement? If you are a Settlement Class Member (see Items 5 and 6 above) and want to receive a cash benefit as described in this Settlement, you MUST submit a claim form either by mail or through the settlement portal on the settlement website. You can download the claim form from the website at www.harvardmorguesettlement.com or submit an online form through the settlement portal. Submit the completed, signed claim form (either by mail or online) by December 9, 2026. In exchange for those benefits, you will have released and waived your right to sue Defendants over the issues involved in this action. Even if you do not receive benefits from the Settlement, if the Court issues an order finally approving the Settlement, your right to sue the Settling Defendants over the issues involved in the lawsuit will be released and waived. 12. How do I object, if I want to? If you want to object to the settlement, you must send a written objection so that it is received by the Court or postmarked by November 16, 2026. Your objection must be filed with the Court, and copies must be sent to Class Counsel. The Court’s address is: Civil Clerk’s Office Suffolk Superior Court Three Pemberton Square Boston, MA 02108 _______ Harvard Morgue Settlement Page 6 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com Class Counsel’s mailing address for objections is: In re Harvard Morgue Cases Keches Law Group, P.C. ATTN: Isabelle Stacks 2 Granite Avenue #400 Milton, MA 02186 hmsclass@kecheslaw.com To be effective, an objection must include: a) the case name and case number: “In re Harvard Morgue Cases, Case No. 2384CV01389- BLS2”; b) the full name, mailing address, email address and telephone number of the Settlement Class Member objecting to the proposed Settlement; c) the name of the donor associated with the Settlement Class Member; d) the objector’s signature or signature of an individual authorized to act on the objector’s behalf; e) a statement with specificity of the grounds for the objection, enclosing any documents supporting the objection; f) the name, address, bar number, and telephone number of counsel for the objector, if represented by an attorney in connection with the objection; and g) whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel. 13. What happens if I do nothing at all? If you do nothing, you will not receive a payment. You will still be bound by the Settlement, including the release of certain claims against the Settling Defendants. 14. When will the Court decide whether to approve the Settlement? The Court will hold a hearing at 2:00 p.m. EST on December 9, 2026, in Courtroom 1017 at Suffolk Superior Court, Three Pemberton Square, Boston, MA 02108. The hearing date or time may change without further notice, so please check the settlement website for updates. At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also consider Class Counsel’s application for attorneys’ fees and expenses. After the hearing, the Court will decide whether to grant final approval of the Settlement. THE LAWYERS REPRESENTING YOU 15. Do I have a lawyer in this case? The Plaintiffs and the Settlement Classes in this case are represented by the following lawyers at the following law firms: KECHES LAW GROUP, P.C. Jeffrey N. Catalano Jonathan D. Sweet 2 Granite Avenue, Suite 400 Milton, Massachusetts 02186 _______ Harvard Morgue Settlement Page 7 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com MORGAN & MORGAN Shannon M. Pennock 111 2nd Avenue NE, Suite 1600, St. Petersburg, FL 33701 PLAINTIFFS’ LIAISON COUNSEL MEEHAN BOYLE/ A KECHES LAW FIRM Leo V. Boyle 100 Cambridge Street, Suite 2101 Boston, Massachusetts 02114 These lawyers are referred to as “Class Counsel.” You can contact them by calling (888) 619-5032 or emailing them at hmsclass@kecheslaw.com. 16. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel represents all Settlement Class Members. You are permitted to have your own lawyer in addition to being represented by Class Counsel, but you will have to find and pay for that lawyer. 17. How will the Class Counsel be paid? Class Counsel will ask the Court to approve attorneys’ fees of up to one-third of the settlement amount (up to $17,666,666.67), plus reimbursement of reasonable expenses. The amount the Court awards is subject to court approval and any award by the Court will be deducted from the total settlement amounts before any money is allocated and distributed to class members who submit timely and valid claims. The Court will decide how much to award for attorneys’ fees and expenses. Counsel will file their request for an award of attorneys’ fees, costs, and settlement administration expenses, no later than September 22, 2026. Settlement Class Members may obtain any such submission to the Court from the settlement website or by contacting Class Counsel. GETTING MORE INFORMATION 18. Is more information available? You can find more information about this case on the website, www.harvardmorguesettlement.com, which contains the public versions of key filings in this case and further information related to the Settlement. If you have any questions about this class action notice or this case, you should contact one of the Class Counsel identified above, who will be pleased to answer your questions. There is no cost or obligation to contact Class Counsel with questions. For complete information and to file a claim, scan this QR code to go directly to the Settlement website, www.HarvardMorgueSettlement.com _______ Harvard Morgue Settlement Page 8 of 8 9587.LFNv03 WEBFORM CaseID: 9587 Questions? Call 888-511-3418 Toll-Free or visit www.HarvardMorgueSettlement.com