Families Sue Over Gene Patent
AP OnlineSamstag, 18. November 2000 23:55:00
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CHICAGO (AP) -- The families of children who died of a rare
degenerative brain disease are suing researchers who used their
blood and tissue to identify and patent the gene responsible for
the disorder.
The families contend the patent has hindered study of Canavan
disease, which most commonly afflicts children of Ashkenazi Jewish
families whose ancestors lived in eastern and central Europe.
Their lawsuit in federal court alleges that the researchers are
trying to profit from their children's illness and are hindering
access to the test for other families.
"This case is the ultimate nightmare of how a gene patent can
be used against the very families who made possible the discovery
of the gene," said Judith Tsipis, a professor of biology at
Brandeis University.
She is also vice president of the National Tay-Sachs and Allied
Diseases Association, which filed the lawsuit along with the
families and the New York-based Canavan Foundation on Oct. 30.
Named as defendants are researcher Dr. Reuben Matalon and Miami
Children's Hospital, where the gene was discovered and where a test
was developed to detect it.
Matalon and the hospital have declined to comment on the case.
There are about 200 children in the United States with Canavan.
Symptoms generally begin appearing at 3 months to 6 months of age.
Victims are never able to walk and cannot eat independently. Most
die between the ages of 10 and 15.
In 1998, the American College of Obstetricians and Gynecologists
recommended that all Ashkenazi Jewish women be tested to determine
if they are Canavan carriers.
Miami Children's hospital then sought to enforce its patent and
charge a $25 fee for every test, later lowered to $12.50, the
lawsuit says.
As a result, the lawsuit alleges, the Canavan Foundation was
forced to stop offering free genetic screening.
The plaintiffs are seeking damages of more than $75,000 from
royalties collected from genetic tests covered by the patent.
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On the Net:
Canavan Foundation: http://www.canavanfoundation.org