A legal option that the Lackses had, that may be given to them by a lawyer, can be that they have the right to sue because they could have felt that their privacy was violated and “lack of informed consent” (Skloot, 2010, pg. 198). They never thought of the idea of going or getting a lawyer because they didn't even know what researchers were doing to their DNA, they believed they were running tests to see if they have cancer nor did they know that they published what they found. Deborah was still anxious and the brothers were just trying to find a way to get money out of what is going on with the cells. They weren't really going to be able to sue for what they have used HeLa for because they do not know whether Henrietta said yes to donate. They also couldn't sue because after what you have in your body is taken out, you cant claim ownership. If you leave them in a lab then they stay in the lab as a waste where the scientists and researchers can do whatever they want with them (Skloot, 2010, pg. 205). Now that HeLa cells have been removed, like Moore’s, they no longer belong to them because they aren't a product of their body and are now used for research, “‘transformed’ into an invention” (Skloot, 2010, pg. 205).
I couldn't really find another reason on why they couldn't sue. But I believe that they wouldn't be able to sue because of their race. Their race is what held them back from many things, even getting a lawyer or being able to be with others and not segregated in a hospital. The reason I believe that is mostly stopping them is the new law that tells all people that what they leave in a hospital is now a waste that the scientists and researchers can use, like I explained in my answer. They were only able to do very little and they, the Lackses, were not informed very well on what was going on with their mother because they just found out that researchers and labs still had her cells and they didn't know about the new medical laws. They also didn't know that someone was also fighting for the same thing with what the Lackses were trying to fight but the Lackses didn't know and they kept trying to make other people realize what was going on so that they can all be a part of it and so that they can be able to make a difference (Skloot, 2010, pg. 205).
In addition to the reasons Cassandra provided in her response, another possible reason why the Lackses may not have been able to sue was because Henrietta Lackses is dead. Patients in the past have been able to “[sue] their doctors for privacy violations” because “[t]hey were alive” (Skloot, 2010, pg. 211). Henrietta Lackses doesn’t exist anymore. It is impossible for the Lackses to fight or speak for a corpse in court. Suing could have only been an option if Henrietta Lacks was still alive and present. Also, people like Henrietta Lacks “have no right to privacy – even if part of them is still alive” (Skloot, 2010, pg. 211). It’s not like her cancer cells can speak for her or get privacy rights. HeLa cells are not Henrietta Lacks; they are only a small part of her. Henrietta Lacks has to be entirely alive; otherwise, the Lackses cannot sue.
Skloot, R. (2010). The Immortal Life of Henrietta Lacks. New York: Crown.
A legal option that the Lackses had, that may be given to them by a lawyer, can be that they have the right to sue because they could have felt that their privacy was violated and “lack of informed consent” (Skloot, 2010, pg. 198). They never thought of the idea of going or getting a lawyer because they didn't even know what researchers were doing to their DNA, they believed they were running tests to see if they have cancer nor did they know that they published what they found. Deborah was still anxious and the brothers were just trying to find a way to get money out of what is going on with the cells. They weren't really going to be able to sue for what they have used HeLa for because they do not know whether Henrietta said yes to donate. They also couldn't sue because after what you have in your body is taken out, you cant claim ownership. If you leave them in a lab then they stay in the lab as a waste where the scientists and researchers can do whatever they want with them (Skloot, 2010, pg. 205). Now that HeLa cells have been removed, like Moore’s, they no longer belong to them because they aren't a product of their body and are now used for research, “‘transformed’ into an invention” (Skloot, 2010, pg. 205).
ReplyDeleteCassandra, there is one more reason that they can no longer sue...can you find it?
DeleteI couldn't really find another reason on why they couldn't sue. But I believe that they wouldn't be able to sue because of their race. Their race is what held them back from many things, even getting a lawyer or being able to be with others and not segregated in a hospital. The reason I believe that is mostly stopping them is the new law that tells all people that what they leave in a hospital is now a waste that the scientists and researchers can use, like I explained in my answer. They were only able to do very little and they, the Lackses, were not informed very well on what was going on with their mother because they just found out that researchers and labs still had her cells and they didn't know about the new medical laws. They also didn't know that someone was also fighting for the same thing with what the Lackses were trying to fight but the Lackses didn't know and they kept trying to make other people realize what was going on so that they can all be a part of it and so that they can be able to make a difference (Skloot, 2010, pg. 205).
ReplyDeleteIn addition to the reasons Cassandra provided in her response, another possible reason why the Lackses may not have been able to sue was because Henrietta Lackses is dead. Patients in the past have been able to “[sue] their doctors for privacy violations” because “[t]hey were alive” (Skloot, 2010, pg. 211). Henrietta Lackses doesn’t exist anymore. It is impossible for the Lackses to fight or speak for a corpse in court. Suing could have only been an option if Henrietta Lacks was still alive and present. Also, people like Henrietta Lacks “have no right to privacy – even if part of them is still alive” (Skloot, 2010, pg. 211). It’s not like her cancer cells can speak for her or get privacy rights. HeLa cells are not Henrietta Lacks; they are only a small part of her. Henrietta Lacks has to be entirely alive; otherwise, the Lackses cannot sue.
ReplyDeleteSkloot, R. (2010). The Immortal Life of Henrietta Lacks. New York: Crown.