Henrietta Lacks Family Lawsuit Over Cell Use To Be Decided By MD Judge

BALTIMORE, MD — The fate of 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, is now in the hands of a federal judge who will determine whether the suit has enough legal standing to continue.

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 reported.

The Lacks family is suing Massachusetts-based Thermo Fisher on the grounds of "unjust enrichment," the Sun reported. Thermo Fisher's attorney asked Judge Deborah Boardman to dismiss the case because it wasn't filed in a timely manner.

The Lacks family has not asked for specific monetary damages in the lawsuit, according to the Sun.

Boardman said she would take the request under consideration, the Sun reported. She is expected to issue a ruling at her discretion.

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. Her family is represented by prominent civil rights attorney Ben Crump.

"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. "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?"