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Skin in the Game: Human Tissue as Property.

Lori Andrews1

  • 1Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IL, USA.

American Journal of Law & Medicine
|March 24, 2025
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Summary
This summary is machine-generated.

Henrietta Lacks' family won a settlement over unauthorized use of her cells. This article examines if current patients can sue for similar tissue commercialization, exploring legal claims and impacts on research trust.

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Henrietta Lacksbiotechnologyhuman tissueinformed consentproperty rights in the bodyresearch ethicstissue banksunjust enrichment

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Area of Science:

  • Bioethics
  • Medical Law
  • Health Policy

Background:

  • The Henrietta Lacks case highlights historical ethical issues in medical research and tissue commercialization.
  • Thermo Fisher Scientific recently settled with the Lacks family for unjust enrichment from Henrietta's cells.

Purpose of the Study:

  • To explore the legal standing of current patients suing over unauthorized research or commercialization of their stored tissue.
  • To analyze potential legal claims including conversion, unjust enrichment, lack of informed consent, breach of fiduciary duty, and Fourteenth Amendment claims.
  • To assess the ongoing ethical concerns in healthcare institutions and the impact on public trust in research.

Main Methods:

  • Legal analysis of conversion, unjust enrichment, informed consent, and fiduciary duty.
  • Examination of Fourteenth Amendment claims against government entities.
  • Review of current healthcare practices and their ethical implications.
  • Analysis of the impact of unauthorized research on public trust and research participation.

Main Results:

  • Patients may have grounds to sue for unauthorized tissue use based on conversion, unjust enrichment, and breach of fiduciary duty.
  • Fourteenth Amendment claims are possible when government entities are involved in unauthorized tissue commercialization.
  • Unethical practices similar to those in the Lacks case persist in some institutions.
  • Lack of consent erodes trust in the research enterprise and deters participation.

Conclusions:

  • The Lacks settlement provides a precedent for patients seeking legal recourse for unauthorized tissue commercialization.
  • Current legal frameworks offer potential avenues for patients to address violations of their rights regarding stored tissue.
  • Addressing ongoing ethical lapses and ensuring informed consent are crucial for rebuilding public trust in medical research.