Property: who owns your body? Flashcards
Why do humans have limited property rights?
We can donate an organ but we cannot sell it therefore we have a weak property right
Who owns your body when you are dead?
No one
Describe the Alder Hey Organ Scandal
Babies were dying and having post mortem, during which the pathologists removed all their organs and retained them
Parents had not consented and were not aware of this
Discuss the ethical issues with the Alder Hey Organ Scandal
Some organs weren’t even used - scandal was justified that the organs would help future children
Papers were published using information from these organs and were meant to be retracted, but were not
No consent from parents
Describe the case of John Moore’s spleen
John Moore diagnosed with hairy cell leukemia
Spleen removed and then found that he had special T cells that could be used to stimulate immune system
Golde (doctor) patented cell line and made millions without telling John
What was the outcome of the John Moore case?
John had no property interest
But Golde did breach fiduciary during and should have ensured Moore was fully informed
Describe the Hagahai people case
US researched collected samples from community for research
Created T cell line that could give resistance to leukaemia
Patent denied
What were the issues with the Hagahai people case?
No prior informed consent
Benefit-sharing
Uneven power balance
What does the Tissue Act 2006 state?
Authorisation must be given for use of organs, tissues and samples of deceased
Does not regulate tissues from living people
What is DNA theft?
Analysis of a persons DNA who has not consented to it
Describe the Canavan case
Greenberg family had 2 children with Canavan disease
Father recruited scientist to look at disease using children and other sufferers tissues
Canavan gene was patened which drove up price of testing
Family upset as they wanted to make things easier for sufferers
