Cellpat.txt part 1 of 2

Bryan Ness bryan.ness at bbs.puc.edu
Thu Feb 10 22:38:00 EST 1994


(Michael Holloway)  Wrote:

MH>In article <940201141535366 at bbs.puc.edu> MH>yolanda.gurrola at bbs.puc.edu (Yol

MH>>We should all have the right to know what is going to happen to our
MH>>organs or any other part of our body if we choose to give it away
MH>>freely.  There should be signing of papers to make sure that all things
MH>>are clear about the procedure.
MH>>
MH>>The giving away of tissues and organs is a delicate matter.  Some people
MH>>think that ones organs are only meant for that one person, but others
MH>>are nice enough to donate theirs to help someone else or to help with
MH>>scientific research.  We should first ask before taking.

MH>It seems that something went wrong with this post.  It may not have been
MH>meant for this newsgroup.  I don't know if the author is ever going to
MH>see this or not, but I have offer some assurances here about organ donation.

MH>You have nothing to worry about.  There's a long list of carefully followed
MH>laws regarding organ donation and anatomical gifts.  If you, or anyone
MH>else is interested in the details, I have a file here that I would be more
MH>than happy to send you.  Organ donation in America requires the written
MH>consent of the deceased's next of kin.

MH>Organs aren't just needed to "help" someone, they're needed to save people's
MH>lives.  Transplantation is the last option for treatment of a life-threateni
MH>condition.  There are nowhere near enough organ donations for all the people
MH>waiting for a transplant.  UNOS, the agency that coordinates organ
MH>donation and collects statistics on organ donation and transplantation,
MH>reports that 3 to 7 people a day die while waiting for a donation that did
MH>not come.  Denying donation means that someone else is going to die too.
MH>Its important that everyone knows that they have nothing to fear from
MH>organ donation and that consenting to donation will probably save someone's
MH>life.

MH>Michael Holloway
MH>mhollowa at epo.som.sunysb.edu

Following is a copy of the article that Yolanda is referring to.
It was circulated on our local system and unfortunately was not
made available to the usenet group directly.  The text is excerpted
from a news report several years ago in Science.  I wouls appreciate
any more recent articles on the same subject if you or anyone else
knows of any references.  The article is in two parts.

Bryan Ness
Department of Biology
Pacific Union College
bness at bbs.puc.edu

Part 1 of 2

Court Rules Cells Are the Patient's Property THE CALIFORNIA COURT
of Appeal, in a precedent-setting decision, has ruled that researchers
must get permission from patients before using tissues and body fluids
obtained in the delivery of health care.  The court also indicated that
if research reveals that a patient's tissues may yield products of
commercial value, the donor has a right to some compensation unless he
specifically relinquishes any financial interest.

In overturning the California Superior Court's decision not to hear a
dispute over the use of a patient's spleen and blood cells, two of three
judges on the appeals court panel moved to clarify the extent to which
individuals can control what happens to these materials.  The court
noted that consenting to surgery does not mean that a patient has
forfeited all say over tissues and fluids that are extracted in the
process.  Failure to obtain explicit consent to use the materials in
research or to develop a commercial product represents a taking of
property, said the court in affirming that the plaintiff had established
that he had a valid claim under the state's property law.

The split 2-1 decision was rendered on a case brought by John Moore, a
Seattle, Washington, businessman, who was treated at the University of
California at Los Angeles (UCLA) for hairy cell leukemia (Science, 16
November 1984, p.  813).  Part of the treatment involved the removal of
Moore's spleen, an accepted procedure.  Two university researchers, David
W. Golden and Shirley G. Quan, who were involved in treating Moore,
discovered that his spleen contained unique cells that could be used to
establish a cell line to produce a variety of proteins, including colony-
stimulating growth factor and human immune interferon.


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