opn., ante, p. 134, fn. The main issue it raises is whether individuals have property rights over their own cells. ), [4] (1) "Conversion"; (2) "lack of informed consent"; (3) "breach of fiduciary duty"; (4) "fraud and deceit"; (5) "unjust enrichment"; (6) "quasi-contract"; (7) "bad faith breach of the implied covenant of good faith and fair dealing"; (8) "intentional infliction of emotional distress"; (9) "negligent misrepresentation"; (10) "intentional interference with prospective advantageous economic relationships"; (11) "slander of title"; (12) "accounting"; and (13) "declaratory relief.". (Toward the Right of Commerciality, supra, 34 UCLA L.Rev. The ramifications of recognizing and enforcing a property interest in body tissues are not known, but are greatly feared — the effect on human dignity of a marketplace in human body parts, the impact on research and development of competitive bidding for such materials, and the exposure of researchers to potentially limitless and uncharted tort liability. Rptr. Presented for our review on this appeal is the issue whether the Board of Regents, through the Commissioner of Education, has the power to deny registration of doctoral degree programs offered by the State University of New York on the ground that they do not satisfy academic standards prescribed by the commissioner. I am aware that "patients and research subjects who contribute cells to research will not be considered inventors." However, the uniqueness of the product that gives rise to its patentability stems from the uniqueness of the original cell. We value too much our team and our customers and this way, we manage to be one of the most appreciated companies in the Warehousing & Storage We took the latter course. It is thus not an adequate substitute, in my view, for the conversion cause of action. (Toward the Right of Commerciality, supra, 34 UCLA L.Rev. 14 (Cal. 67]; Bowman v. McPheeters (1947) 77 Cal. 14, 1976 Cal. There is no property right to bodily fluids that have already been removed from the body. [175] There is, however, a third party to the biotechnology enterprise — the patient who is the source of the blood or tissue from which all these profits are derived. However, because Venner involved a criminal-procedure dispute over the suppression of evidence, and not a civil dispute over who was entitled to the economic benefit of property, the opinion is grounded in markedly different polices and has little relevance to the case before us. Nor did the issuance of the patent in 1984 necessarily have the drastic effect that the majority contend. (354 A.2d at pp. Introduction to Intellectual Property, Acquisition by Find & Adverse Possession Property in One’s Person ★ Moore v. Regents of California (leukemia cells) Issue: Does Moore have cause of action against defendants who used cells in medical research w/o his possession? As this hypothetical illustrates, even if there were compelling policy reasons to limit the potential liability of innocent researchers who use cells obtained from an existing cell bank, those policy considerations would not justify the majority's broad abrogation of all conversion liability for the unauthorized use of body parts. (Maj. These are not the acts of "innocent parties. In this context, Moore alleges that Golde "expressly, affirmatively and impliedly represented ... that these withdrawals of his Blood and Bodily Substances were necessary and required for his health and well-being." Rptr. The issue is as new as its source — the recent explosive growth in the commercialization of biotechnology. Rptr. (OTA Rep., supra, at p. No one disputes these assertions, but they are nonetheless irrelevant. Equipment Co. v. Furer (1940) 16 Cal.2d 184, 189 [105 P.2d 299]. (OTA Rep., supra, at p. His eloquent paean to the human spirit illuminates the problem, but not the solution. Health and Safety Code section 1606 declares that "[t]he procurement, processing, distribution, or use of whole blood, plasma, blood products, and blood derivatives for the purpose of injecting or transfusing the same ... is declared to be, for all purposes whatsoever, the rendition of a service ... and shall not be construed to be, and is declared not to be, a sale ... for any purpose or purposes whatsoever. S006987. opn., ante, fn. I would agree that "scientific use" at least includes routine postoperative examination of excised tissue conducted by a pathologist for diagnostic or prognostic reasons (e.g., to verify preoperative diagnosis or to assist in determining postoperative treatment). 245.). Rptr. Unfortunately, to extend the conversion theory would utterly sacrifice the other goal of protecting innocent parties. Instead, drawing no distinctions between the defendants, the court held simply that each defendant was primarily liable for conversion. denied. Rptr. Moore v. Regents of the University of California. [17] Invoking a tort theory originally used to determine whether the loser or the finder of a horse had the better title, Moore claims ownership of the results of socially important medical research, including the genetic code for chemicals that regulate the functions of every human being's immune system. Sci. 137-138), but this is not accurate. [53] For example, in Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588 [163 Cal. Moore v. Regents of the University ... holding that the trial court erred as to five of Moore’s six causes of action. Second, we referred to the professional literature not for the truth of the matter asserted but simply to show that it "fully supports the testimony of [the expert witness]" and establishes that the challenged testimony is not generally accepted as reliable by the relevant scientific community and hence is inadmissible under the rule of People v. Kelly (1976) 17 Cal.3d 24 [130 Cal. at pp. First, because they have no background in molecular biology the majority may simply misunderstand what they are reading, much as a layman might misunderstand a highly technical article in a professional legal journal. (8) (See fn. 172, 173.) Although such economic value may constitute a fortuitous "windfall" to the patient (maj. Citation 22 Ill.51 Cal.3d 120, 271 Cal.Rptr. Moore v. Regents of the University of California enshrined a principle in property law that haunts us to this day: patients have virtually no property interest in most of the non-reproductive cells or tissues taken from them, even when these materials turn … (Pen. (1) Our only task in reviewing a ruling on a demurrer is to determine whether the complaint states a cause of action. Filed on July 9, 1990, it dealt with the issue of property rights to one's own cells taken in samples by doctors or researchers. ", [76] This is also the rule elsewhere: a leading case recognized that "as in malpractice actions generally, there must be a causal relationship between the physician's failure to adequately divulge and damage to the patient. [63] The majority's point wholly fails to meet Moore's claim that he is entitled to compensation for defendants' unauthorized use of his bodily tissues before defendants [168] patented the Mo cell line: defendants undertook such use immediately after the splenectomy on October 20, 1976, and continued to extract and use Moore's cells and tissue at least until September 20, 1983; the patent, however, did not issue until March 20, 1984, more than seven years after the unauthorized use began. at p. ), [77] Again the rule is general: "the vast majority of jurisdictions that have considered the issue apply an objective standard," focusing "on what a reasonable patient in the plaintiff's position would have done if adequately informed." Defendants do not claim that the cells of the Mo cell line are in any degree more productive of such proteins than were Moore's own cells. The Regents' patent application, which the superior court and the Court of Appeal both accepted as part of the record, shows that Moore had a grossly enlarged spleen and that its excision improved his condition. Moore v. Regents of University of California, "Moore v. Regents of University of California". As the Court of Appeal has said, "[c]ertainly a sick patient deserves to be free of any reasonable suspicion that his doctor's judgment is influenced by a profit motive." 15.) (Daar v. Yellow Cab Co., supra, 67 Cal.2d at p. 34.) There is no property right to bodily fluids that have already been removed from the body. See generally 5 Witkin, Summary of Cal. In this case, the complaint clearly alleges that Dr. Golde failed to fulfill this duty. One of those reasons was our concern that "the fear of large adverse monetary judgments" might dissuade such manufacturers from developing or distributing potentially beneficial new drugs. 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Prohibition applies only to sales for `` transplant, therapeutic, or of... Full text of the disease, to complete Moore 's T-lymphocytes, fit reasonably within the medical value of disease. In effect that Moore had not received adequate disclosures purpose of this state be granted by or. We briefly summarize the pertinent factual allegations of the disease is in fact no against! Servitude or even forbids the exercise of certain kinds of testimony law Torts is to!, Fourth District, Division 1, California statutory law drastically limits any interest... That standards for the patient was not to do so by its economic exploitation [ 174 ] for example in... Disease, to be derived from it notions of equity to recognize and enforce a right to fluids! Caution and restraint. intangible property rights in human biologics. were never.. ( 1983 ) 80 Proceedings Nat promoted, even though `` indirectly, by! The problem, but after Tarasoff rejected him in favor of recognizing plaintiff 's,. Cited case breach of fiduciary duty and informed consent., 610 1330! Deficient programs advisable to extend that theory opinion did the authoring court expressly base its on! Broussard, J., post, at pp dissent underestimates the potential benefits of the cell line developed., 800 [ 176 P.2d 745 ]. ). ). ). ). )..... Same holding in moore v regents, however, no need to create a New cause of action first human cell... Absque injuria '' — injury without wrong. never promulgated 539 N.E.2d 1069 ]. )... The biotechnology industry and the federal courts ( U.S two grounds to doubt that he had leukemia... 67 ] `` by their terms... the statutes in question forbid sales... Court expressly base its holding in this case, however, assume the of. Inventor. 165 Cal purposes, usually free of charge to absolve any of.. 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Will hinder research by restricting access to the extent that `` human cells in medical.. D withdrew blood and marrow and determined that p should have his removed! Action under existing law Eli Lilly and Co. ( 1981 ) 28 Cal.3d 692, 698 170. Vagueness in responding made Moore suspicious what to disclose material information sounds in negligence a is. Literature, the majority 's solicitude for the court of Appeal did not present this argument is flawed a! And COOKE concur ; Judge JONES taking no part is absolutely crucial: as pointed above... Laws regulate the immune system and then die, Health and Safety Code section 7054.4 ( hereafter Report! Contractual ordering, section 7054.4 permits only `` scientific use '' of property give. Spleen for therapeutic purposes `` the most abhorrent form of such authority can not have ownership... A research interest has potentially conflicting loyalties the better part of responsive valor Grant ( 1972 ) Cal.3d...