A new lawsuit has been launched by the family of a woman from Baltimore who had her cells removed for the purpose of medical study without her consent, over seven decades ago. The lawsuit claims that Novartis has extensively used Mrs. Lacks’s genetic matter as a key component in their R&D processes. This use of her cells allows Novartis to efficiently test and improve pharmaceutical compounds, thereby speeding up the development of new medications.
The case is directed against pharmaceutical companies that are said to have benefited from the breakthroughs they made utilizing her genetic material.
According to the lawsuit submitted in federal court in Baltimore, Henrietta Lacks’ family sued Novartis and Viatris, demanding a jury trial as well as the “full amount” of profits that were earned via their usage of the “stolen” cells.
“Medical research has a long, troubled history of exploiting Black individuals, and Henrietta Lacks’s story is a stark reminder of this legacy,” Ben Crump, the attorney representing the family, stated in a release. “It is time for these corporations to be held accountable for their unjust enrichment and to provide the Lacks family with the recognition and compensation they deserve.”
This is the third case that the family has brought against a pharmaceutical firm. In 2023, Thermo Fisher reached a settlement for an undisclosed amount. The Lacks estate filed a similar lawsuit against Ultragenyx a few days later, claiming that the company was responsible for the development of viral vectors.
Novartis has made it clear that it does not comment on proceedings related to litigation. Requests for comments from Viatris were not met with a response.
The case provides challenging problems for the courts to evaluate, given that the Lacks case dates back to 1951, when physicians did not require the consent of patients to extract their cells.
A young mother of three, Lacks was living in Baltimore at the time that she was diagnosed with cervical cancer. Before she passed away in the same year, at the age of 31, tissue that had been removed from a biopsy was preserved and went on to become the first human cells to grow and multiply on laboratory plates. They were given the name ‘HeLa cells.’
They were also essential components for scientific research all around the world, leading to the creation of vaccinations against polio and COVID, as well as advancements in genetic mapping and a number of other medical advancements.
Although Johns Hopkins did not benefit financially from HeLa cells, other businesses and academic institutions have patented hundreds of products derived from them. The suit also states that Novartis and Viatris were aware of the source of Lacks’ cells from the outset. In a website article from 2021, the firm announced a program to tackle health inequities through comprehensive community-based initiatives.
