An unsatisfied John Moore
Based on the case “Moore v. Regents of the University of California”
By
Lani Marais
210013877
5 May 2016 An unsatisfied John Moore
(Stanfill, 2012) John Moore is a cancer patient, from Seattle, that was diagnosed with hairy cell leukemia in 1976. After he underwent surgery to remove his spleen, which was damaged by the cancer, he started to wonder if his doctor, Dr David Golde, was withholding information from him. He started to suspect this after a few follow-up visits. Golde was flying him to Los Angeles every month for seven years, when there was no noticeable reason for John to be in Dr Golde’s laboratory. The fact that he was asked to sign a consent form releasing his genetic material every time he arrived,
…show more content…
They could produce a unique protein and HTLV, both connected to HIV. This discovery meant new research and treatment methods could be developed. John, on the other hand, was furious. His doctor had deliberately deceived him. John decided to sue Dr. Golde stating that the cells were his property and that he wanted a share in the profits gained from the research. The case became known as the “Moore vs. Regents of the University of California”.
Scientists feared that Moore’s case could impede future studies in genetics. The idea of not being able to make a profit from their research might hinder the willingness to do research. If John had known about the patent, could have sold his cells for research and made a profit himself. Unfortunately, because Golde had patented his cells, he could not sell it.
(Skloot, 2010)The courts ruled against John, stating that cells procured as a sample is not “stolen” as a patient does not keep the samples for themselves. They did, however, agree that it is a patient’s right to be informed of a doctor’s intent to do research and what the cells or samples will be used