Lacks V. Ultragenyx Pharmaceutical, Inc
Revised Summary: The legal action initiated on August 10, 2023, by Ron L. Lacks, the designated representative of Henrietta Lacks' Estate, alleges that Ultragenyx Pharmaceutical, Inc. unlawfully commercialized Henrietta Lacks' living genetic material without her informed consent. The HeLa cell line, derived from Mrs. Lacks during a cervical cancer surgery at Johns Hopkins Hospital in the 1950s, possesses unique characteristics that enable their survival and reproduction in lab conditions, making them a crucial asset for medical research. The lawsuit contends that Ultragenyx utilized these cells for large-scale production of adeno-associated virus (AAV) vectors, a fundamental element in gene therapy. It is alleged that Ultragenyx knowingly profited from the unethically procured cells and exploited individuals with rare diseases through their high drug pricing practices. The legal action further asserts that Ultragenyx's conduct perpetuates racial injustice and infringes upon the rights of Black individuals to maintain control over their bodies. It is also claimed that Ultragenyx's actions have deprived the Lacks family of the solace of knowing their relative's body was treated with respect and have publicly disclosed private genetic information about Mrs. Lacks and her family. The plaintiff seeks restitution for unjust enrichment, contending that the profits derived from the use of Mrs. Lacks's cells should rightfully be allocated to her estate. The plaintiff demands disgorgement of profits earned from the commercialization of the HeLa cell line, a permanent injunction prohibiting Ultragenyx from using the HeLa cell line without authorization, and the establishment of a constructive trust favoring Henrietta Lacks' Estate over all HeLa cells and related intellectual property held by Ultragenyx. The court's jurisdiction over this case is predicated on diversity of citizenship and the amount in controversy surpassing $75,000.
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