Henrietta Lacks estate sues biotech company for non-consensual use of its cells

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Lacks, a black woman diagnosed with cervical cancer, had cervical tissue removed without her consent during a procedure at Johns Hopkins Hospital in 1951. With the sample , a doctor at the hospital was able to create the first human cell line to reproduce outdoors. the body.

Lacks died later that year from cancer at the age of 31.

The cell line, now known as HeLa cells, gave scientists the opportunity to experiment and create life-saving drugs like the polio vaccine, in vitro fertilization and genetic mapping and helped advance the cancer and AIDS research.

But the lawsuit alleges that Thermo Fisher Scientific knowingly takes advantage of the “unlawful conduct” of Johns Hopkins doctors and that its “ill-gotten gains belong by right to Ms. Lacks’ estate.”

He argues that the company “made a conscious choice to sell and mass produce the living tissues of Henrietta Lacks, a black woman, grandmother, and community leader, although the company knows that Ms. Lacks’ tissues have left her behind. been taken without his consent. by doctors at Johns Hopkins Hospital and a racially unfair medical system. ”

While the origin of HeLa cells was unclear for years, Lacks’ story became widely known in the 21st century. It was the subject of a bestselling book, “The Immortal Life of Henrietta Lacks”, which was released in 2010, and a subsequent film of the same name with Oprah Winfrey. The United States House of Representatives has recognized his non-consensual contribution to cancer research, and John Hopkins hosts a series of annual conferences on his impact on medicine.

The lawsuit claims that with this broad recognition, there is no way for Thermo Fisher Scientific to say that it did not know the history of its products containing HeLa cells and points to a page on the website of the ‘company which recognizes that the cells were taken without Lacks’ consent. According to the lawsuit, there are at least 12 products marketed by Thermo Fisher that include the HeLa cell line.

“Thermo Fisher Scientific’s choice to continue selling HeLa cells despite the origin of the cell lines and the concrete damage it inflicts on the Lacks family can only be understood as a choice to embrace a legacy of racial injustice. Rooted in American medical research and systems, the lawsuit says. “Black people have the right to control their bodies. And yet, Thermo Fisher Scientific treats the living cells of Henrietta Lacks as goods to buy and sell. ”

Thermo Fisher Scientific generates annual sales of approximately $ 35 billion, according to its website. CNN has contacted the company for comment.

Johns Hopkins Medicine says what happened to Lacks wouldn’t happen today

Lawyers for the Lacks estate are asking the company to cede “the total amount of its net profits obtained by marketing the HeLa cell line to the estate of Henrietta Lacks” along with reasonable fees and expenses, which they estimate at $ 250 billion dollars, depending on the trial and the role of the court.

In addition, they are asking the court to order Thermo Fisher Scientific to permanently stop the use of HeLa cells without the authorization of the Lacks estate and to create a trust for the succession of all the intellectual property of the company and products related to the use of cells.

While Thermo Fisher Scientific is at the center of this lawsuit, lawyers say they’re not the only company profiting from its cells.

“Thermo Fisher Scientific is one of many companies that have made a conscious choice to profit from the assault on Henrietta Lacks,” Chris Seeger, one of the lawyers in the case, said in a statement.

Johns Hopkins Medicine, in a statement to CNN, said what happened to Lacks in 1951 “would not happen today.”

“At that time, our research physicians routinely collected additional cell samples from cervical cancer patients during biopsies to use for research purposes, regardless of race or socioeconomic status. the patient, “the statement said. “As of 1951, the U.S. health care system did not yet have established practices for informing or obtaining patient consent when retrieving additional cell or tissue samples from procedures to be used for research purposes. ”

“While we cannot change the past, at Johns Hopkins we have never sold or profited from the discovery or distribution of HeLa cells,” he said. Additionally, in 2013, Johns Hopkins worked with members of the Lacks family and the National Institutes of Health (NIH) to help negotiate an agreement that requires scientists to be granted permission to use Henrietta’s genetic blueprint. Lacks, or to use HeLa cells in NIH Funded Research. “

Jessica Ravitz contributed to this report.

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