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. 1988 Oct-Nov;18(5):37-9.

Whose waste is it anyway? The case of John Moore

G J Annas  1
Affiliations
  • PMID: 3066788

Whose waste is it anyway? The case of John Moore

G J Annas. Hastings Cent Rep. 1988 Oct-Nov.

Abstract

KIE: The author reports on a July 1988 decision of a California Court of Appeals (Moore v. Regents of the University of California) that recognized a proper cause of action against a doctor who used the diseased spleen he had removed from a patient to produce a product now being tested as an AIDS treatment without the patient's consent to this use of his spleen cells. The legal concepts of ownership, abandonment, and consent are analyzed as they apply to human body parts, and it is proposed that the Patent Act should be amended to prohibit the patenting of human cells and that the Organ Transplant Act should include a prohibition on the sale of human tissue and cells for any purpose, so that human cells can no longer be the source of commercial profit.

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