Wednesday, March 9, 2011
RACC 2011 Discussion Question 4
Based on the presentation of legal and ethical issues in the Immortal Life of Henrietta Lacks, write a compelling argument to be presented to your US Representative or Senator on why he or she needs to author a bill in favor of giving citizens the right to control whether research is conducted on their medical waste (ie, blood sample remains, extracted tissue or organs, etc). Use facts from the book to support your position.
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There needs to be a bill in favor of giving citizens the right to control whether research is conducted on their medical waste because it should be the patient’s decision on what happens to their body waste product. The patient should be aware of any testing conducted on their waste products in order to give the okay or not, which wasn’t given to Henrietta Lacks. Taking people’s body waste and conducted experiments on it is misleading because it would be out of the scope of what they are going to the doctor for. If a patient goes to have surgery they are going for that reason alone not to be a test subject for the latest vaccine or possible cure. Taking someone’s waste product without their consent is in way stealing their identity. It is stealing their identity because the waste product is part of their DNA genetic makeup which renders them the only one to have a say over what happens to any part of it.
ReplyDeleteI propose that a bill is put into effect that gives citizens the right to control whether research is conducted on their medical waste becuase it is a human's innate right to have control over what goes on in their body as well as outside. Any and all tests that would be conducted should be run by the patient for confirmation. I agree with Jasmine on the aspect of stealing one's identity because it is their genetic makeup. In the case of Henrietta, her identity was stolen when her cells were renamed Helen Lacks and used for all these advances that she or her family never benefited from.
ReplyDeleteBased on the facts and research of the information collected by my organization it has been proven that extracted tissues of black patient without their proper knowledge or consent are unfair and unlawful. It has been done for about 10 years and families who have lost love ones or have not sought proper restitution, which for that they should be compensated. As pointed out in chapter five of the book entitled “The Immortal Life of Henrietta Lacks” most blacks would receive treatment and would never know what was really happening to them while they were unconscious. Furthermore, I come to you as a leader of the community and a citizen in your district. It is with great pride that I come to you my U.S. Representative on why I believe that you should consider authoring a bill in favor of giving citizens the right to control whether research is conducted on their medical waste.
ReplyDeleteDear Representative Ralph Howard, I am a constituent in Marengo County. I strongly feel as though you need to author a bill in favor of giving citizens the right to control whether research is conducted on their medical waste. We are one of the poorest areas in the state. Because we are poor, those in higher places may feel the need to devalue us as humans and our choices of not wanting to be a specimen of experiementation. As in the book, "The Immortal Life of Henrietta Lacks," a poor, black woman's cells were used without her or her family's knowledge. They made million off her cells; her family receieved nothing. Therefore, we need protection under the law, or we will eventually be taken advantage of as well.
ReplyDeleteDear Senator I strongly would like for you to pass a bill on patient confidentiality pertaining to patients right of the use of their body and fluids.Hence and not give doctors and researchers the right to use any body parts or fluids without consent.As a result of the case of Henrietta was a bout a African American women who was used as an experiment.
ReplyDeleteBased on the facts presented, there should be a bill protecting biomedical wastes of people. In reference to Henrietta Lacks, a woman whose tissue created the first immortal cell genome. Ms. Lacks' cells have been used for experimentation all over the world and her family was not notified nor did she give permission. This is a part of her DNA that could be used criminally or in various harmful ways. Experimentation on diffferent races and different specimen can be done voluntarily and with the history of African Americans and other races being used for medical experiments, it is simply not in the best interest of us to promote these practices. Therefore, we should support a bill preventing experimentation on biomedical wastes without the permisson of the patient and family.
ReplyDeleteI propose a bill that give humans the right to say how or whether or not their bodily remains be disposed or used for research. Henrietta's cells were used for research without her knowledge which I felt was a violation of her rights. Just like on our driver's license we have an option of becoming an organ donor or not.
ReplyDeleteI have read the seven comments about and they make good arguments. I like the comment about having a code on the Driver’s License similar to the organ donor. Also comments suggesting that we add language to the Patient’s Medical Records/Information confidentiality statement about use of bodily tissue are a good idea.
ReplyDeleteThere should be a bill in place to protect the rights of the patient in terms of their medical waste. Experiments should only be conducted by the patients consent because just like in the book, doctor's benefited from their selfish ways of taking Henrietta's cells instead of herself and her family. It is not right to take cells from a patient and doing whatever with them without the patient knowing or even have the patient giving the ok to do so.
ReplyDeleteTheir needs to be a bill that helps protect the rights of patients when it comes to using their bodily waste and cells. No one should be contributing to the advancement of science or the society without even knowing. In "The Immortal Life of Henrietta Lacks", Henrietta's cancer cells were changing the dynamics of science and disease as we know it,and her family can't even afford health insurance. The bill should state that doctors should have the patients' consent to using their cells or bodily waste.
ReplyDeleteThe proposed bills are interesting, however, none of them mention whether this is a civil or criminal issue. Also, how would compensation be determined? Who would decide?
ReplyDeleteI agree on the conclusion of proposing a bill that protect the rights of patients when involving their bodily waste. In the Immortal Life of "Henrietta Lacks", Ms.Lacks bodily waste were objected from her body without her knowing. This was a selfish and violating act that benefited no one but an experimenting doctor commiting a criminal act.
ReplyDeleteDr. Gey’s actions most definitely reflects the sentiment of the medical system and establishment. The US government, at the time, saw minorities as subhuman. African-Americans were used as test subjects in many cases and deliberately infected with diseases and denied medical care. They were also used in the place of cadavers for medical students to practice medical procedures. The government directly funds and dictates most of what the medical institution does and how it does it. The whole system is still extremely biased. I have had family members die in the “capable” hands of doctors. The travesty of the whole situation is that she was in good health other than the obvious signs of neglect. She had developed bed sores from being left in her bed for indeterminate amounts of time. The sores had become infected and she eventually passed. When I was younger I would constantly get sick but my family refused to take me to the hospital in the small town where it was predominantly minorities, we went to the “good” hospital that just happened be a few towns over where it is predominantly white. Doctors in many places that are mainly populated by minorities are usually incompetent and indifferent. They take two weeks to accomplish what takes a few hours. They also ignore obvious signs of illness and claim: “It is nothing, don’t worry about it.”
ReplyDeleteDear US Senator my name is Jasmine Callaway and I am writing you so that you can help propose a bill that gives citizens the right to control whatever research is conducted on their medical waste. If a person id entitled to to freedom of speech, why arent they entitled to freedom of themselves? Individuals and or their immediate family. Mrs Henrietta Lacks was not aware of what was going on with her. Her main thing was that she wanted to get well soon, and the doctors took full advantage of that,and her. We need a bill implemented so that our citizens will no longer be able to be taken advantage of. People deserve their privacy. People should feel comfortable enough when they go to receive medical treatment that they wil be receiving the best treatment possible and that they won't be treated like a guinea pig.
ReplyDeleteIt appears that everyone is in favor of a bill that will give citizens the right to protect their wastes. One of the basic questions many of the bloggers failed to ask is, What is a waste? Such a legislation will constitute an overeach and expansive. Such legislation will raise more problems and questions than solutions. For example, should there be a law to protect the use of human excreta for experiments? Where will such law draw the line? What will be the consequences of such law on secientific inquiry? Who will pay the cost of storage of the wastes before their usefulness or the lack of it, is established? Will such law encourage the migration of our scientists to other fertile countries to carry out their research.
ReplyDeleteI hope that students should ask probing question before asking their elected representative to support a bill that will empower individual to control their wastes.
Sandra Smith
ReplyDeleteI propose that a bill be set in place that limits what doctors and researchers do to the remains of an individual after he or she has passed without the proper permission from the patient. In the past it seems that more and more often Experimentation on different races and different specimen has been done involuntarily and with the history of African Americans and other races being used for medical experiments, at different places like Johns Hopkins and Tuskegee University; it would be in the best interest of this country to prevent these malicious and unethical practices. Not putting limitations on what the doctors can do with a patient’s waste without permission from the patient is very similar to forcing a patient to be an organ donor. Many of us would frown upon this idea, but using the patient’s wastes without consent is no different.
There should be limits, punishments, a code of ethics regarding the situation in order to protect those who might otherwise be wronged and never know anything about it. There should also be a detailed description of what is considered waste and what should be done if a significant discovery is found to avoid a situation like the Henrietta Lack’s situation from happening again.
Susan Hsu said, “No. We never gave consent forms because you just go to draw blood. We are not doing some kind of medical research, you know, not long term. All we wanted is a few tubes of blood and to do genetic marker test.” Pg. 183 paragraph 4. Either way they had no consent from her family and really not even her. A contract is not plausible if one individual is too much superior then the other person involved in it. If her or her family was rich, that hospital would be out of business. Every scientist or university that was involved would have a law suit under their name. It is not right that people can be taken advantage of because they don’t have the knowledge someone else has. All the lies and deception should be put to an end and they should get what they deserve. Any other rich family would be heirs of her cells and money that people made off the cells.Slavery ended so long ago but it still exists in the world.Superior people always think they can tell people beneath them how to be.
ReplyDeleteDear Representative/Senator:
ReplyDeleteAfter attending a lecture on Henrietta Lacks-- source of the HELA phenomenon-- I have learned that she and her family have no avenues for legal action concerning her medical waste (anything taken from the body of the patient during any exam or procedure. )
I believe that this issue is an ethical one. The doctor/patient relationship is in jeopardy, but, with the introduction of a bill, the relationship can be salvaged.
The inattention to Henrietta and her family, the taking of tissues during exams and autopsy, the drawing of blood for DNA mapping and additional studying of HELA cells, have caused an ethical problem between doctors and patients. One cannot ignore the troubles mounting for both parties. Doctors have to fear a reduction in visits from patients, or skeptical patients, and patients' fearing lack of voice in what happens to their medical waste.
Doctors are clearly ethically protected because of "work" they put into utilizing the medical waste, but can any less be said for the patient? Do they not put work into the medical waste? This waste is clearly part of the body they nurture.
A multitude of private properties are protected on a daily basis (i.e. land taken for public good);It is inconceivable that our rights to parts of our bodies would be given less respect.
A bill concerning patient's rights to medical waste is a step in righting ethical wrongs done to Henrietta Lacks and her family.
Quoting Leonard Hayflick-- the researcher who'd originally grown the cells." There were numerous parties with legitimate property interests in any cultured cells… including the "donors" of the original sample. Without these contributions, the cultured cells wouldn't exist.” For years, this statement has been ignored and now is the time to take an ethical step in the right direction.
Sincerely,
A concerned citizen
Senator....
ReplyDeleteMy name is Tamisha Johnson and I am coming to you with a concern dealing with a recent surgery I had. Senator I cant go into depth with the details but I will be brief because I know you are a busy woman. I recently had a surgery and I had my appendix removed due to certain issues. Maybe 2 weeks after my surgery my doctor called me , asking me to come and sign some paperwork.When I got to the office he told me that my appendix could help in their research that they were conducting and said that he was going to use it , but he was just letting me know ahead of time what he was going to do. I told him that I didnt want them to use it but he said that I had signed my consent away. Senator, now i remember signing a paper to let my surgery go on but some stuff I didnt understand and when I asked he acted like he didnt have time to explain so I just didnt worry about it and just went on with the surgery. Senator , I just feel like I should have the choice to have a say so over what happens with my remains. You may or may not have heard of Henrietta Lacks but this women had contributed alot to the science field. Her cells were used in the science research field after she was dead. Her cells found cures for cancers as well as many medicines today. It was very sad that no one ever contacted her family till many years later and let them no what happen. For many years they withheld her name and even gave out the wrong name. I feel like in this case where were her rights . Nothing was ever said to her as far as her remains. Senator I know your sister is a survivor of cancer but lets think back. If it was not for Henrietta then your sister may not be here today. Henrietta cells were taking without her permission and yes they did the science research great justcie but all I ask is that we can instill a bill where the patient have rights of their remains. Thank You so much for taking time out your day to read my letter. I will leave my number with your secretary, thanks much.
The Lacks family was not a very bright bunch of people due to the quality of their education growing up. Their level of knowledge was very low which made it very easy for them to be taken advantage of. Their unconscionability of the fact that (1) samples of Henrietta’s tumor were taken in 1951; (2) the ATCC (American Type Culture Collection) have [since the sixties] been selling HeLa for $256 per vial (p. 186). Had the Lackses filed a lawsuit they might’ve received compensation, as well as many others.
ReplyDeleteOne patient, John Moore filed a lawsuit for using his body for research without consent (p. 194). Ultimately the judge threw Moore’s suit out of court, and cited the HeLa cell line as a PRECEDENT. Claiming that the fact the no one sued over the growth or the ownership of the HeLa cell line illustrated that patients did not mind when the doctors took their cells and turned them into commercial products (p. 195)
This brings us back to the point that if the Lackses had knowledge of HeLa and acted on it, it would have altered the course of history and the HeLa cell line could have been a precedent for justice for control of one’s medical waste.
It would be great if you would forward this to your colleagues and those you deem fit to make this new bill possible.
Dear Senator,
ReplyDeleteI propose that we doctor a bill giving patients the right to decide on whether or not thier medical waste can be experimented on.If this bill was put in place then what happened to Henrietta Lacks and her family would not be able to happen to anyone else.What they did to her was unethical. She was a very uneducated woman and didn’t understand exactly what she was giving them consent to do. They took advantage of her ignorance and should have to pay the family. If something of that nature took place today the doctors would be sued and probably would lose their license to practice medicine. They even went as far as to try and give a false name for what HeLa actually meant. Please work on a bill so that this tragedy never happens again.
Thank You,
There should be a law enacted giving all citizens the right to control whether research is conducted on their medical waste. Everyone should be aware of what is being done to their blood samples, extracted tissue, or whatever kind of waste it may be because it is a part of them. Taking someone's waste without permission is almost like stealing their identity because their waste is what makes them who they are.
ReplyDeleteAlot of events and incidents have occured based on what happens to our medical waiste when we die. I feel that you need to pass a law stating that we have the right to say what happens to our medical waiste and whether research can be conducted. Henrietta Lacks had cells taken from her body without her permission. Even though their was no laws stating whether a doctor could or could not take and use your medical waiste, he still took them without permission. Now what is right is right. The doctor probably didnt know that the cells were going to be this extraordinary, but he did try to cover up what he did by changing the name of the cells. The doctor ended up making alot of money from these cells and now the family feels like they deserve some money. Some say they do, and some say they dont. There should be a real law stating this
ReplyDeleteDemetrice Tribett
Robert Ward
ReplyDeleteThe situation of Henrietta Lacks is a disgrace to the country. For our country to be called the land of the free, doctors didn’t treat Henrietta as if she had any rights. Congress should take this situation, and investigate further. There should be a law passed to protect citizen’s rights for their medical waste that is left behind form there medical procedures. Citizens like Henrietta who has no clue what forms, or discretion documents she is signing, are being taken advantage of. Henrietta Lacks could barely read or understand anything enough to follow up on doctor’s appointments, let alone give doctor consent to take her cells. The fact that Dr. Gey lied about Henrietta’s name among other lies that where being told should be enough to show that doctors are taking advantage of patients.
Dear US Senator,
ReplyDeleteI have recently been informed about an incident concerning the waste of a deceased individual. It was taken from her body without the consent of her family. i think that is completey unacceptable and something should be done about it. The family recieved no real clarification on this wrongful act and they recieved no justice. i think this is completely unacceptable and a bill should be passed stating that no deceased individual can not have any medical procedures done without the consent of the family.With that being said i am goig to leave ou with this, what if it was YOUR family member???????
Sincereley,
Megan Brewer
Dear Senator:
ReplyDeleteI propose that a bill be setup whereas the biomedical waste should be determined by the person if they are still coherent,and family if they are not coherent.The Lacks family was not aware due to lack of education.Their level of knowledge was very low which made it very easy for them to be taken advantage of without them knowing. Their unconscionability of the fact that samples of Henrietta’s tumor were taken in 1951 by Dr.Gey;the ATCC,American Type Culture Collection have since the 1960's has been selling HeLa for $256 per vial (p. 186).Had the family filed a lawsuit they wouldve been properly compensated for Henriettas cells.One patient, John Moore filed a lawsuit for using his body for research without consent (p. 194). The judge threw Moore’s suit out of court, and cited the HeLa cell line as a PRECEDENT. Claiming that the fact the no one sued over the growth or the ownership of the HeLa cell line illustrated that patients did not mind when the doctors took their cells and turned them into commercial products (p. 195)
This brings us back to the point that if the Lackses had knowledge of HeLa and acted on it, it would have altered the course of history and the HeLa cell line could have been a precedent for control of one’s medical waste.
It would be greatly appreciated if you would forward this to your colleagues and those you deem fit to make this new bill possible,to put it into affect.
This comment has been removed by a blog administrator.
ReplyDeleteI propose that the government setup a bill giving patients the right to decide on whether or not their medical waste can be experimented on.If this bill was put in place then what happened to Henrietta Lacks and her family would not be able to happen to anyone else
ReplyDeleteA bill concerning patient's rights to medical waste is a step in righting ethical wrongs done to Henrietta Lacks and her family.
Henrietta Lacks should have a bill named after her so that people can see what different doctors can do without your permission. Having a new bill should allow family members to make descisions after their loved ones are gone. The bodily fluids of people should not be taken for others, they should only be used for that person. It is not right for doctors to have the right to someone elses body parts or etc. if it benefits them because they can do more with the knowleged they have. Ethics should always come into place when it comes to a person and their body. No matter what laws say no one should profit from someone elses body and not include their family until they need more samples. The HeLa cells did benefit many people but Henrietta's family was always out of deciding what to do with these cells. Henrietta's consent she gave was only to help find out what was wrong with her and how to cue her. Her cells later made some of these decisions for others. This new bill should also be presented to the patients and their family and allow them time to make a decision.
ReplyDeleteTo whom it may concern,
ReplyDeleteThere should be a bill created to protect and stop the exploitation of the cells of the deceased. In relation to this statement, Henrietta Lacks was a victim of such exploitation in name of research. Her cells were taken from her while alive and after death. On neither occassion did agree for such treatment. After years of research, her family was never notified of the scientific discoveries nor revenue collected. The actions of the hospitals were and still are direct violations of the Amendments that maintains our way of life: Property and Right to Privacy.
I charge you to propose a bill that gives citizens more rights over their medical waste. "The Immortal Life of Henrietta Lacks" is a prime example of how the disregard for an individual's rights can fall victim to medical research. She was robbed of her cells, and neither her family nor her was given any notification. This, is one of many cases that have overridden natural rights. This should be treated as a criminal act of theft, and retribution to be allocated to the family of the victim.
ReplyDeleteDear US Representative Mo Brooks Alabama 5th District,
ReplyDeleteI do think that there needs to be well written and understandable policy in hospitals worldwide that says any blood, tissue or organs samples that need to be taken for routine or non-routine testing should be thrown away if all samples have not been used. The policy then was be revised by your people and eventually needs to be voted as a bill. If this was an affective bill then what happened to Henrietta Lacks would not have happened. Dr. Gey and his team wouldn’t have been able to use her as lab rat.
I propose a bill which gives patients (and the familes of deceased individuals) the right to know what is being done with their waste as well as any blood or tissue samples taken. As shown in the case of Henrietta Lacks, such a provision is needed to prevent doctors from concealing personal research which may lead to much personal gain on their part. The bill I am proposing would benefit both the patient and the doctors who wish to do research in that, if the doctor secures permission to do said reseearch, he/she will be protected long term from court cases. If the patient has their rights violated, they will have better legal grounds for seeking compensation for this violation of their rights.
ReplyDeleteIf it's dealing with their medical waste why shouldnt they have a say so in what goes on with it or a right to know what's goin on. By passing a bill that gives them the right to know whats going on and it will prevent another incident like the lacks story. Everyone should know what's goin on with he/she medical wastes. Instead of the doctors making money of someone else's cells.
ReplyDeleteI would like to propose a bill that will give citizens protection against any part of their bodies, whether it be cells, hair, or any other minor thing, being used in science experiments without their permission whether they be dead or alive. Also, if the citizen does not make that decision and happens to die their family should be allowed to make the decision for them just as they would if the person were mentally ill or considered incompetent. The situation that happened to Henrietta Lacks should serve as a great example as to why we need this bill. Protect the US citizens from being misused and abused by today's medical system. Dr. Grey was well aware of the things that could arise if the truth came out so he lied this in itself is unjust.
ReplyDeleteIt is my proposition that a bill be introduced and signed that fully protects equal rights of citizens. Fully should be commonly as defined the property owned by a person, including his/her blood or bodily waste that is extracted by a medical physician or any other such dually appointed professional. (I.e. Hair stylist, barbers, manicurist, doctors). The case of Henrietta Lacks identifies a deceased woman who has cells that have participated in formulas of antidotes for, at one point, incurable ailments. The discovery of the use of the HeLa cell was conveniently kept from its owner Henrietta and her family after her death. Natural rights are as important as civil rights. The use of bodily fluids or particles, without notification, insurrects that individuals right to decline. Much like declaring one’s self to be an organ donor, donating one’s body to science after death, or even the use of umbilical cords for stem cell research, we must sign or verbally declare our allegiance to uphold such contracts. Unfortunately this was untrue with Henrietta, neither she nor her family, was given the opportunity to reject or accept the use of her cells for scientific purposes. To propose a bill to protect body waste is a delicate situation, but with scientific advancements and medical breakthroughs with synthetic DNA and synthetic blood it is a necessity that patients understand the use of their extracted body waste. This could essential protect the person from any persecution.
ReplyDeleteDear Senator,
ReplyDeleteI would like to propose a bill that gives the right for a patient and/or their family to decide whether their medical waste can be used as research. It is completely unacceptable for researchers to up and use the medical waste with out the consent of the patient or family. In Henrietta's situation, her family was not even notified about the advances and it was almost like her identity was taken from her.
I propose that a bill be passed concerning the rights of a persons cells. I understand that without the knowledge or permission from Henrietta herself or her family, her cells were taken from her befor and after death. Why did she not know that she was being experimenting on? Before and after a person is deceased, a contract she be taken in account of and permission granted from the indiviual or the family in order do research on. Compensation should also be agreed upon. If a person cells takes the world by storm like in Henriettas case then a prior, much larger, compensation should be given. Doctors themselves should not have the right to do as they please with any persons cells.
ReplyDeleteI think a bill should be considered to notify patients of anything being used outside of their knowledge rather its for research purposes or not. Patients should have full power over anything taken from them with the intentions on using it for monetary purposes or not. waste products to patients are meanless and priceless but to a doctor its millions. if a doctor uses a patient waste products without consent it should be criminal offense and a heavy fine.
ReplyDeleteTo who it may concern
ReplyDeleteThe mistreatment of the Lacks family was a extreme disgrace on the medical community in the U.S. Mrs. Lacks passed away decades ago yet her cells are still used around the world today. Since the release of her name in the 1970's the Lacks family had to endure an invasion of privacy on many levels. There should be more laws to control the way companies experiment using human waste. the laws should receive the sign consent at the doctors office. If the patient is operated on or test or preformed without consent and profits are made the patient should be entitled to financial compensation and the doctors should be held responsible.
I propose that a bill be passed to prohibit doctors from using human waste that was not consented upon by the patient because human waste is still a part of the individual. Treatment and probing should cease once the patient exits the doctors office. A patient shouldnt have to stress over whether or not their cells or genetic makeup will be used for unauthorized purposes
ReplyDeleteDear Senator,
ReplyDeleteI am writing to ask for you support on a bill that would protect people's genetic material. In the case of Henrietta Lacks she never was asked for permission to use her cells. Not only was her genetic material used in a way not helpful to her but her family was not notified until 20 years after scientists had started mass producing her cells. Also doctors tricked her family to get blood to study it. Those doctors acted unethically and irresponsibly. It is important that people's medical waste is protected and not preyed upon, even when it is for a "good cause".
Dear Senator,
ReplyDeleteI am writing this letter to ask for your approval of the bill to protect the left over samples and materials of patients today.In the case of Lacks whose genetic samples were unlawfully used without notice which starting a mass genome .This was imorally and unethical and by passing this bill we you can help protect other patients like Lacks.