Henrietta Lacks Family, Thermo Fisher Could Settle Cell Use Suit

BALTIMORE, MD — A lawsuit filed by the family of Henrietta Lacks, a Black woman whose cervical cancer cells were taken without her consent more than 70 years ago, will head to settlement talks next week in U.S. District Court, according to a Capital Gazette report.

The decision by Magistrate Judge J. Mark Coulson could bring to a close the lawsuit between Lacks' surviving family and Thermo Fisher Scientific, the Massachusetts company accused of unjustly profiting from her cells, according to the Gazette.

The lawsuit against biotechnology company Thermo Fisher Scientific claims Lacks' cells were taken while she was receiving treatment at Johns Hopkins in 1951. Lacks, who was from Baltimore County, died soon after due to complications from treatment, the Baltimore Sun previously reported.

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The Lacks family sued Thermo Fisher on the grounds of "unjust enrichment" but did not ask for specific monetary damages in the lawsuit, the Sun reported.

The cells taken from Lacks became the first human cells to be successfully cloned, according to a report from The Associated Press. Now called HeLa cells, they have enabled numerous scientific and medical innovations, including the development of the polio vaccine, genetic mapping, and even COVID-19 vaccines.

The discovery and the science involved were detailed in a 2010 bestselling book, "The Immortal Life of Henrietta Lacks." Oprah Winfrey portrayed her daughter in an HBO movie based on the book.

The lawsuit was filed on Oct. 4, 2021, exactly 70 years after Lacks died. Prominent civil rights attorney Ben Crump represents her family.

"It is outrageous that this company would think that they have intellectual rights property to their grandmother's cells," Crump said at a news conference in October 2021. "Why is it they have intellectual rights to her cells and can benefit billions of dollars when her family, her flesh and blood, her Black children, get nothing?"

While Lacks went decades without recognition, Baltimore Rep. Kweisi Mfume recently filed legislation seeking to posthumously grant her a Congressional Gold Medal, the Sun reported. On Tuesday, U.S. Sens. Chris Van Hollen and Ben Cardin filed companion legislation in the Senate.

"While these cells continue to benefit millions across the world, they were taken without the consent or knowledge of Ms. Lacks and her family," Cardin said in a statement, adding that the honor would "ensure that her contributions are recognized and honored for generations to come."