Historic Settlement: Lacks Family Reaches Agreement with Thermo Fisher Scientific Over Unjust Enrichment from HeLa Cells

Background:
Henrietta Lacks, a Black woman, died in 1951 after doctors at Johns Hopkins Hospital took her cervical cancer cells without her consent. These cells, known as HeLa cells, became the first immortal human cell line and have been used in numerous medical breakthroughs, including the development of the polio vaccine and treatments for cancer, HIV/AIDS, leukemia, and Parkinson's disease.

Lawsuit:
In 2021, Lacks' estate filed a lawsuit against Thermo Fisher Scientific, alleging that the company had unjustly profited from the HeLa cells without the family's consent or compensation. The lawsuit sought repayment of the company's net profits from the commercialization of the HeLa cell line and a permanent order preventing Thermo Fisher from using the cells without the family's permission.

Settlement:
In August 2023, the Lacks family and Thermo Fisher Scientific reached a settlement, the terms of which were not disclosed. The settlement was hailed as precedent-setting and reflects a shift towards giving patients a property stake in their tissues.

Ethical Implications:
The case highlights deep-seated racism in human research and the ethical need for consent and compensation in the use of human tissues. The American Medical Association's code of ethics emphasizes the importance of patient consent and profit sharing in the commercialization of donated tissue.

Future Implications:
The settlement may set a precedent for other cases involving the unjust enrichment of companies from human tissues taken without consent. The Lacks family's lawyers have indicated that they may pursue similar claims against other companies marketing HeLa cells or products based on them.