Skin in the Game: Human Tissue as Property

In 2023, Henrietta Lacks' family won a settlement from Thermo Fisher Scientific on the grounds that the company had been "unjustly enriched" by the sale of products developed with Henrietta's cells. Given that hundreds of thousands of people have tissue stored in the United States, this article explores how today's patients might fare if they similarly sued professionals and companies that undertake unauthorized research on or commercialization of their tissue on the grounds of conversion, unjust enrichment, lack of informed consent, breach of fiduciary duty and, where government entities are involved, Fourteenth Amendment claims. The article notes that the practices that were subsequently seen as unethical in Henrietta Lacks' care continue in some health care institutions today. It also analyzes how research and commercialization without consent can lead to a lack of trust in the research enterprise and the unwillingness of people to participate in research.

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Publication Details

Journal
American Journal of Law & Medicine
Published
2024-12-01
DOI
https://doi.org/10.1017/amj.2025.5
Citations
1
Primary Topic
Biomedical Ethics and Regulation
Type
article
Field-Weighted Citation Impact
0.33
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article

Skin in the Game: Human Tissue as Property

Lori B. Andrews
1 citations
American Journal of Law & Medicine
Biomedical Ethics and Regulation
0.33
article

Skin in the Game: Human Tissue as Property

Lori B. Andrews
article en
1 citations

Abstract

In 2023, Henrietta Lacks' family won a settlement from Thermo Fisher Scientific on the grounds that the company had been "unjustly enriched" by the sale of products developed with Henrietta's cells. Given that hundreds of thousands of people have tissue stored in the United States, this article explores how today's patients might fare if they similarly sued professionals and companies that undertake unauthorized research on or commercialization of their tissue on the grounds of conversion, unjust enrichment, lack of informed consent, breach of fiduciary duty and, where government entities are involved, Fourteenth Amendment claims. The article notes that the practices that were subsequently seen as unethical in Henrietta Lacks' care continue in some health care institutions today. It also analyzes how research and commercialization without consent can lead to a lack of trust in the research enterprise and the unwillingness of people to participate in research.

American Journal of Law & MedicineVol. 50(3-4)
Illinois Institute of Technology (US), Chicago Kent College of Law (US)
Openalex Percentile: Top 34%
Biomedical Ethics and Regulation
0.33
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