By Aria Brent
AFRO Staff Writer
abrent@afro.com
Highly acclaimed civil rights attorney, Ben Crump and attorney, Christopher Seeger of Seeger Weiss announced on Aug. 5 they have filed a lawsuit on behalf of the family of Henrietta Lacks. The lawsuit is against Novartis Pharmaceuticals Corp., Novartis Gene Therapies Inc., Viatris Inc. and Mylan Pharmaceuticals. The lawsuit was filed regarding justice for the wrongful and unauthorized commercialization of Lacks’s cells, known as the HeLa cell line. For decades these cells have been used for the advancement and development of medical research and drug development without her or her family’s consent.
Courtesy photo
Lacks was being treated for cervical cancer at Johns Hopkins Hospital in the early 1950s and during a procedure, tissue samples were extracted from her cervix unbeknownst to her. It was found by medical experts that her cells were unique in comparison to typical cells due to their ability to reproduce indefinitely outside of the human body. This discovery led to the creation of the first immortalized human cell line.
“Henrietta Lacks’s cells have fueled countless medical breakthroughs, from the development of the polio vaccine to advancements in gene mapping and in vitro fertilization,” said Seeger. “Yet, despite the monumental impact of HeLa cells on medical science, Mrs. Lacks’s family has had to fight for compensation and acknowledgment for their profound contribution.”
The lawsuit brings attention to the conscious decisions made by Novartis and Viatris to commercialize Lacks’ cells and profit from it, all the while being well aware of the unethical harvesting of the cells. Novartis acknowledges Lacks story on their website, however they’ve continued to profit off the use of her genetic material without having permission to do so and without compensating her estate. Viatris and its subsidiary Mylan Pharmaceuticals have also heavily relied on HeLa cells for the development of medicine, the advancement of their research and the increase of revenue.
“Medical research has a long, troubled history of exploiting Black individuals, and Henrietta Lacks’s story is a stark reminder of this legacy,” Crump added. “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.”
The lawsuit provides a singular cause of action for unjust enrichment, noting that the defendants’ ongoing use and commercialization of HeLa cells are unethical, morally corrupt and unequitable without compensation to or the consent of the Lacks family. It declares that the profits made from the use of these cells should be given to the estate of Lacks.
“Black people have the right to control their bodies and their genetic material,” Crump stated. “The exploitation of Henrietta Lacks’s cells must be acknowledged, and justice must be served for her family. We will fight tirelessly to ensure that her legacy is honored and that her family receives the compensation they are owed.”
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