Skin in the Game: Human Tissue as Property

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.