|
|
|
The Washington University v. William J. Catalona, et. al |
|
The Washington University v. William J. Catalona, et. al United States District Court Eastern District of Missouri Eastern Division Case No. 4:03CV1065SNL Washington University (“WU”) filed a declaratory judgment action seeking to establish “ownership”, and final location of certain research biological materials currently stored in the GU Biorepository at WU. The Court held a permanent injunction hearing in which all interested parties, including research participants who “donated” the subject biological materials, could present their argument to the Court. The Court concluded that research participants are “donors” and the subject biological samples constitute an inter vivos gift. An inter vivos gift consists of 1) present intention of the donor to make a gift; 2) delivery of property by donor to donee; and 3) acceptance by donee whose ownership takes effect immediately and absolutely. The Court also addressed the issue of public policy regarding the transfer of any biological samples provided for medical research. The Court believes that a “check and balance” system is in place to monitor the research being performed using biological samples. The welfare of the participants is protected through legal standards administered by committees of persons in the medical field. The Court feels that if it was left unregulated, the research participants would sell their biological samples to the highest bidder. The Court states that “it would no longer be a question of the importance of the research protocol to public health, but rather who can pay the most.” |