In other words, Lacks's cellular content was taken without her consent, but this would have been the case for a wealthy white woman in the North. This does not make what happened to her morally right, of course, but it is important to remember that what happened to her was not simply because she was poor, female, black, and Southern. The fact that she died from her disease may have been affected by her social status because it limited her ability to get timely medical care. But even this statement must be made cautiously: Her cancer was a very aggressive one and would in all likelihood have proved fatal, especially given the knowledge of the disease at the time and the treatments then available to any woman.
A more recent case demonstrates that little has changed in terms of patient's legal rights to their tissues. In the 1980s, researchers removed the spleen of a leukemia patient named John Moore. His doctor recognized that there was significant economic potential in Moore's splenic cells and developed a cell line, patented his invention, and licensed it for hundreds of thousands of dollars. The doctor continued to take additional blood and cell samples from Moore without ever revealing to the patient the doctor's clear economic interest in the procedures. Currently, the "Mo" cell line has a value of about $3 billion.
When Moore went to the courts in an effort to claim some of the profits from his tissue and DNA, the California Supreme Court in 1990 ruled that Moore had no economic claim whatsoever in any profit derived from his discarded body parts.
In some measure, Lacks's case is so striking because her contributions to medicine were so great in distinct contrast to her own circumstances. She was a woman who lived in terrible poverty with very little contact with the professional world that her cells -- but never she -- would enter. Skloot tells us that waking into the hospital was for Lacks like "entering a foreign country where she didn't speak the language." It was also a world in which no one ever thought to translate what was happening into a language that would allow Lacks access to her own life.
Lacks's case is compelling because of the suffering that she underwent even as her cells were dividing and dividing their way to immortality in lab dishes. (Over twenty tons of cells have been grown from the original biopsy and over 11,000 patents have been issued on discoveries and inventions derived from the HeLa cell line.)
It is important to note that Lacks seems to have been given appropriate medical care. When her tumor was confirmed as cancerous, she was treated with radium tube inserts that were sewn into her cervix. This was the standard treatment at the time. When she continued...
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