Greenberg v. Miami Children's Hospital Research Institute
| Greenberg v. Miami Children's Hospital Research Institute | |
|---|---|
F. Supp. 2d 1064 | |
| Court membership | |
| Judge(s) sitting | Federico A. Moreno |
Greenberg v. Miami Children's Hospital Research Institute, 264 F. Supp. 2d 1064 (S.D. Fla. 2003), was a decision by the United States District Court for the Southern District of Florida which ruled that individuals do not own their tissue samples when researchers take them for testing.
History
The plaintiffs in this case were a group of parents of children who had
Miami Children's Hospital, were also defendants.[1]
Decision
The court dismissed the plaintiffs' claims that the defendants did not provide
trade secrets.[1] The court did uphold the plaintiffs' claim of unjust enrichment at the expense of the donors of tissue, writing that "the facts paint a picture of a continuing research collaboration that involved plaintiffs also investing time and significant resources."[1]
Significance
The case set a precedent for determining ownership of donated
References
- ^ PMID 15776537.
- ^ Evans, Paula C. (October 3, 2006). "Patent Rights in Biological Material". ipfrontline.com. Archived from the original on September 7, 2012. Retrieved November 25, 2011.
- ^ Waxman, J. Mark (December 1, 2007). "Who Owns My Tissue?". dddmag.com. Retrieved November 25, 2011.
External links
- Text of Greenberg v. Miami Children's Hospital Research Institute, 264 F. Supp. 2d 1064 (S.D. Fla. 2003) is available from: CourtListener Google Scholar Leagle
- Canavan Foundation's press release