An unsatisfied John Moore
Based on the case “Moore v. Regents of the University of California”
By
Lani Marais
210013877
5 May 2016 An unsatisfied John Moore
(Stanfill, 2012) John Moore is a cancer patient, from Seattle, that was diagnosed with hairy cell leukemia in 1976. After he underwent surgery to remove his spleen, which was damaged by the cancer, he started to wonder if his doctor, Dr David Golde, was withholding information from him. He started to suspect this after a few follow-up visits. Golde was flying him to Los Angeles every month for seven years, when there was no noticeable reason for John to be in Dr Golde’s laboratory. The fact that he was asked to sign a consent form releasing his genetic material every time he arrived,
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They could produce a unique protein and HTLV, both connected to HIV. This discovery meant new research and treatment methods could be developed. John, on the other hand, was furious. His doctor had deliberately deceived him. John decided to sue Dr. Golde stating that the cells were his property and that he wanted a share in the profits gained from the research. The case became known as the “Moore vs. Regents of the University of California”.
Scientists feared that Moore’s case could impede future studies in genetics. The idea of not being able to make a profit from their research might hinder the willingness to do research. If John had known about the patent, could have sold his cells for research and made a profit himself. Unfortunately, because Golde had patented his cells, he could not sell it.
(Skloot, 2010)The courts ruled against John, stating that cells procured as a sample is not “stolen” as a patient does not keep the samples for themselves. They did, however, agree that it is a patient’s right to be informed of a doctor’s intent to do research and what the cells or samples will be used
This entails Rule 702 in which a qualified expert can testify in the form of an opinion. What the trial court did was allow an evidentiary hearing to take place over a few days at the request of the CSX Transportation defense. During this hearing they heard the testimony of all the expert witnesses. Their mistake occurred when they ruled the plaintiff’s three scientific experts, Dr. Goldstein, Dr. Infante, and Dr. Durie, as excluded from the trial case on the basis of unreliable testimony. They concluded that the three experts did not use reliable methodologies to prove conclusively that Mr. Harris’s cancer, multiple myeloma, was caused by
This case has brought up how much money these companies are making from selling peoples cells. The case is about a guy named John Moore who has leukemia. He goes to the doctor to get his spleen taken out since that is where the leukemia cell keeps growing (ANNAS, 1990). While in surgery the doctor took his spleen out and took the cells from it. He took the cells so he could make a cell line that came from his spleen (ANNAS, 1990).
The Health Insurance Portability and Accountability Act of 1996, HIPAA, is a common term heard around health care today. HIPAA, a privacy rule to protect a person’s health information, is one of the first things that came to my mind when I read The Immortal Life of Henrietta Lacks. This book, written by Rebecca Skloot, was published in 2010, which was after HIPAA was enacted. The story of Henrietta Lacks starts long before HIPAA, and her name was leaked as the source of what became well-known as HeLa cells. HeLa cells are cancer cells that were removed from Henrietta’s cervix, and were subsequently utilized in research for numerous medical discoveries.
Having the opportunity to discuss the impact of medical research performed on Henrietta Lacks’ cells with doctor George Guy would be an experience like no other. Through the use of Henrietta Lacks’s cells, George Guy created an industry that would fuel research throughout the scientific community. When Henrietta Lacks was admitted to the hospital for radiation treatments, doctors took samples of her cervical cancer cells. Henrietta was not informed that one of the two samples was sent to George Guy, a scientist researching the immortalization of human cells. Guy soon realized that these cells were able to grow outside of the human body, they even grew rapidly.
45 and 52.” (http://www.ftc.gov/system/files/documents/cases/120823_trudeaubrief.pdf) The district court unified the actions, and Trudeau agreed to the entry of an exploratory ruling that prohibited him from promoting the products as effective cures for cancer or other diseases while the lawsuit was still undecided. (http://www.ftc.gov/system/files/documents/cases/120823_trudeaubrief.pdf) Mr. Trudeau still continued with his advertising campaign, using the claims banned by the exploratory ruling.
Sonali Sagar Block: 2B May 12th 2015 The Degradation of Morals and Ethics In the book, The Immortal Life of Henrietta Lacks the author Rebecca Skloot tells us about a non-fiction story of an African American women who is diagnosed with cervical cancer and how the medical community exploited her for use of her “immortal” cells. From then onwards the cells have been used for widespread medical advancement and research. There is no denying the good that has come from this as even the polio vaccine was developed from these HeLa cells. Moreover, it has also been aiding with finding a cure for cancer as well as assisting with further research on AIDS.
Jade Sherwin May 14th, 2018 Essay test Rebecca Skloot’s book “The immortal Life of Henrietta Lacks” tells the story of Henrietta Lacks a young mother, a descendant of slaves, whose suffering changed the course of medical research and made life healthier for the rest of us. Henrietta was diagnosed with cancer in numerous ways the Lacks family’s right to privacy was violated. The Lacks family’s right to privacy was violated by people exposing the Lacks’s information “Newspapers and magazines “published articles about Henrietta , one of the pivotal figures in the crusade against cancer.”
Thesis Green v. New Kent County was an important court case from 1968 dealing with desegregation in schools. Calvin Green convinced the court to establish the laws from Brown v. Board of Ed into action, giving better opportunities to all students of all races. Background Charles C. Green attended George W. Watkins school during Green v. New Kent. Schools across Virginia didn’t acknowledge the rules set in Brown, two of them being George W. Watkins for black students and New Kent for whites.
In the case of Moore v. Texas, “the Supreme Court will face the question of whether it is a violation of the Eighth Amendment to use outdated medical standards in assessing intellectual disabilities to determine whether an individual may be executed.” This really stood out to me, to think that he committed the act of a murder in 1980, when he took the life of a grocery store clerk and they are questioning if he should face the consequences that he was given. In my opinion if you chose to take the life of any individual you must pay for your actions, I feel that many people use “intellectual disability” as a way to avoid being put to death. I do agree many people have mental sickness such as “schizophrenia, bipolar disorders etc” but if you
A poor black woman named Henrietta Lacks completely transformed the medical field. At the age of 30 she was diagnosed with cervical cancer. Although this may have been a tragic time in her life, her death resulted in one of the biggest discoveries in medicine today. Henrietta made a huge impact on modern medicine through the use of her HeLa cells. Henrietta was born on August 18, 1920.
In Mary Shelley’s 19th century novel, Frankenstein, Victor Frankenstein is noble in his effort to help mankind. His scientific Prometheanism is initially meant as a good thing, but has serious negative consequences. Victor wants to bring life back to dead matter so humans, in theory, would not have to die. Similarly, in today’s world, scientists and doctors continually and nobly pursue advancement in the medical world to generate new treatments for sick patients. For example, the medical community today is pursuing embryonic stem cell research to discover cures for diseases like cancer, Alzheimer’s, and diabetes.
What are the specific issues raised in the book—legally and ethically? Think about the 1980s John Moore case: the appeal court decision and its reversal by the California Supreme Court. Issues that raised in the book are race issues, the legality of taking adventage of patients who’s family aren’t able to fight for the rights and benefit of their cells. According to California supreme court, Under the duty to obtain informed consent, “a doctor must disclose his intent in using a patient for research and economic gain.” 6.
From the website, Encyclopedia Britannica article Board of Education of the Hendrick Hudson Central School District v. Rowley, I found that the court case Board of Education vs. Rowley is about a deaf student named Amy Rowley who lived in New York and attended a public school. Her parents approached the administration in the school at the beginning of Rowley kindergarten year explaining that their daughter would need an aid to sign to her while the teacher was teaching. The school granted their request for a two-week period but determined that the interpreter was not necessary. A new IEP was written for her explaining that she would use hearing aids and her ability to read lips to learn in a regular classroom. In addition, she would have
The final violation of ethical principles, in the story of Henrietta Lacks, was the violation of justice. Without the contribution of Henrietta’s cells, many discoveries and vaccines, such as the vaccine that conquered Polio, would not have made their pivotal breakthroughs in biomedical research. Her direct and unknowingly, supportive contribution helped save many people’s lives all over the world. Unfortunately, her named did not receive the recognition it deserved, and her family never received any compensation for profits made from direct use of her
An essential part of modern society relied on trust, especially the trust of doctors and scientists. People had the right to make an informed decision about their bodies and body parts. People had a right to their body parts, both attached and cell samples collected by doctors. The actions that the medical professions made will continue to affect future generations in both positive and negative ways. In the contemporary biographical novel, the Immortal Life of Henrietta Lacks, Rebecca Skloot used logical opinions to argue about the importance of consent to reveal the lack of morality from those in the medical field which continues to persist today.