Medical company is to sue by ‘s family Henrietta Lacks filed a petition calling for the lawsuit to be dismissed, claiming it was “too old to continue for decades.”
Missing, a black woman, was diagnosed with cervical cancer and died at the age of 31 in 1951. Before her death, however, doctors at Johns Hopkins collected cell samples in her cervix and passed it on to researchers. As a result, medical advances in the development of vaccines and treatments for serious diseases, such as AIDS and even COVID-19 have been made. Her cells were also the first to be successfully cloned.
The move was filed on behalf of Thermo Fisher Scientific Inc. and argued, “even under the broadest interpretation of when Plaintiff’s claim may have been accrued, it is still prohibited by Maryland’s three-year statute of limitations.”
In motion, the story of Johns Hopkins’ Inadequacy of Treatment was published in 1951 and widely circulated
Further commercial use of HeLa cells has been known for 50 years when Rolling Stone and Ebony magazine wrote about Lacks’ story in 1976. Since then, numerous articles and even a book was written on her. However, the Lacks family did not act until October 2021 and as such, they are facing a decision to determine if they will be given a “time ban”.
Thieu’s family has retained a civil rights lawyer Ben Crump, argued in the lawsuit that Thermo Fisher commercialized and profited from HeLa cell products in various ways without the permission of the Lacks family, knowing that the cells were taken away. without the permission of Lacks.
This recommendation also argues against the doctrine of continued harm that the Lacks estate used in its lawsuit. The plaintiffs argue that the doctrine does not apply to illicit enrichment claims, which the Maryland Court of Appeals confirmed in a case earlier this year.
The proposal adds that even if the doctrine is applied to claims of illicit enrichment, “it does not apply to” continued ill effects from [an] was initially alleged to be infringing, as asserted herein. “
Thermo Fisher also argued the lawsuit cannot argue that Thermo Fisher is not a genuine buyer of value, and even if the lawsuit does not have a statute of limitations, the claimant’s unlawful enrichment claim does not and cannot allege an act potential torture.
https://www.blackenterprise.com/medical-company-named-defendant-in-henrietta-lacks-case-files-motion-to-dismiss-suit/ Medical company benefits from Henrietta’s lack of cells, filing suggests dismissal of family lawsuit