Greenberg v. Miami Children's Hospital Research Institute, 264 F. Supp. 2d 1064 (S.D. Fla. 2003), was a decision by the United States District Court for the Southern District of Florida which ruled that individuals do not own their tissue samples when researchers take them for testing.
| Greenberg v. Miami Children's Hospital Research Institute | |
|---|---|
 | |
| Court | United States District Court for the Southern District of Florida |
| Full case name | Daniel Greenberg, Fern Kupfer, Frieda Eisen, David Green, Canavan Foundation, Dor Yeshorim, and National Tay-Sachs and Allied Diseases Association, Inc. v. Miami Children's Hospital Research Institute, Inc., Variety Children's Hospital, Inc. d/b/a Miami Children's Hospital, and Reuben Matalon |
| Decided | May 29, 2003 |
| Docket nos. | 02-cv-22244 |
| Citation | 264 F. Supp. 2d 1064 |
| Court membership | |
| Judge sitting | Federico A. Moreno |
History
editThe plaintiffs in this case were a group of parents of children who had Canavan disease and three non-profit organizations who developed a confidential Canavan disease registry and database.[1] The parents provided their children's tissue for research on the disease and the non-profit groups aided in the identification of other affected families.[1] The defendant was Reuben Matalon, who received these tissue samples and used them to isolate and patent the Canavan gene sequence.[1] He subsequently developed a genetic screening test for it and began claiming royalties whenever the test was used.[1] The Miami facilities where he did his research, including Miami Children's Hospital, were also defendants.[1]
Decision
editThe court dismissed the plaintiffs' claims that the defendants did not provide informed consent, conducted a breach of fiduciary duties, concealed the patent, and misappropriated trade secrets.[1] The court did uphold the plaintiffs' claim of unjust enrichment at the expense of the donors of tissue, writing that "the facts paint a picture of a continuing research collaboration that involved plaintiffs also investing time and significant resources."[1]
Significance
editThe case set a precedent for determining ownership of donated tissue samples.[2][3]
References
edit- ^ a b c d e f g United States District Court, S. D. F. (2003). "Greenberg v. Miami Children's Hospital Research Institute". West's Federal Supplement. 264: 1064–1078. PMID 15776537.
- ^ Evans, Paula C. (October 3, 2006). "Patent Rights in Biological Material". ipfrontline.com. Archived from the original on September 7, 2012. Retrieved November 25, 2011.
- ^ Waxman, J. Mark (December 1, 2007). "Who Owns My Tissue?". dddmag.com. Retrieved November 25, 2011.
External links
edit- Text of Greenberg v. Miami Children's Hospital Research Institute, 264 F. Supp. 2d 1064 (S.D. Fla. 2003) is available from: CourtListener Google Scholar Leagle
- Canavan Foundation's press release