Plaintiff alleges that his physician failed to disclose preexisting research and economic interests in the cells before obtaining consent to the medical procedures by which they were extracted. As we have discussed, Moore's novel claim to own the biological materials at issue in this case is problematic, at best. The first is protection of a competent patient's right to make autonomous medical decisions. The superior court sustained all defendants' demurrers to the third amended complaint, and the Court o… The Regent's patent also covers various methods for using the cell line to produce lymphokines. He theorizes that he continued to own his cells following their removal from his body, at least for the purpose of directing their use, and that he never consented to their use in potentially lucrative medical research. Jul 9, 1990.] exclusive access to the materials and research performed" on the cell line and products derived from it. Moore admits in his complaint that "the true clinical potential of each of the lymphokines . . Court of Appeal, Second District, Division 4. Golde informed Moore "that he had reason to fear for his life, and that the proposed splenectomy operation . REF Type Cut-and-Paste Reference; 16045: Database: Alexander, J., S. Markos, J. Yost, R.L. ." . As we have explained, the reason for our holding is essentially twofold: First, plaintiff in this matter is not without a remedy; he remains free to pursue defendants on a breach-of-fiduciary-duty theory, as well as, perhaps, other tort claims not before us. I. Moore v. Regents of the University of California Supreme Court of California, 1990 793 P.2d 479 But the majority's rejection of plaintiff's conversion cause of action does not mean that body parts may not be bought or sold for research or commercial purposes or that no private individual or entity may benefit economically from the fortuitous value of plaintiff's diseased cells. Moore was advised to undergo surgery to remove his spleen. Note: The following opinion was edited by LexisNexis Courtroom Cast staff. Sometimes, the discretion of forbearance is the better part of responsive valor. Moore repeatedly alleges that Golde failed to disclose the extent of his research and economic interests in Moore's cells before obtaining consent to the medical procedures by which the cells were extracted. Plaintiff has asked us to recognize and enforce a right to sell one's own body tissue for profit. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. [T]he majority's fear that the availability of a conversion remedy will restrict access to existing cell lines is unrealistic. We hold that the complaint states a cause of action for breach of the physician's disclosure obligations, but not for conversion. Moore v. Regents of the University of Califo…, Moore v. Regents of the University of California. JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. . The patent was held by the Regents of the University of California (Regents) (defendant), and listed as inventors Golde and UCLA researcher Shirley Quan (defendant). He urges us to commingle the sacred with the profane. . 4 793 P.2d. Supreme Court of California. . First, our society acknowledges a profound ethical imperative to respect the human body as the physical and temporal expression of the unique human persona. 1988 Jul 21;249:494-540. The majority view is not unmindful of the seeming injustice in a result that denies plaintiff a claim for conversion of his body tissue, yet permits defendants to retain the fruits thereof. Supreme Court of California. Research on human cells plays a critical role in medical research. The Regents Of The University Of California located in California Oakland. Would it advance or impede the human condition, spiritually or scientifically, by delivering the majestic force of the law behind plaintiff's claim? Co. v. Resendez Case Brief - Rule of Law: A plaintiff in a slip and fall case must prove that the condition of the premises posed an Since Moore clearly did not expect to retain possession of his cells following their removal, to sue for their conversion he must have retained an ownership interest in them. Start studying Moore v. Regents of the University of California. Become a member and get unlimited access to our massive library of Federal law permits the patenting of organisms that represent the product of "human ingenuity," but not naturally occurring organisms. arising out of [the] patent." The defendants appealed. Moore also attempts to characterize the invasion of his rights as a conversion -- a tort that protects against interference with possessory and ownership interests in personal property. Relying on this language to support the proposition that a patient has a continuing right to control the use of excised cells, the Court of Appeal in this case concluded that "[a] patient must have the ultimate power to control what becomes of his or her tissues. . Tarasoff v. Regents of the University of California, 17 Cal. At this time all defendants, including Golde, were aware that "certain blood products and blood components were of great value in a number of commercial and scientific efforts" and that access to a patient whose blood contained these substances would provide "competitive, commercial, and scientific advantages.". . Owners of various forms of personal property may likewise be subject to restrictions on the time, place, and manner of their use. First, no reported judicial decision supports Moore's claim, either directly or by close analogy. Contrary to the principal holding of the Court of Appeal, the majority conclude that the complaint does not -- in fact cannot -- state a cause of action for conversion. Yet their specter haunts the laboratories and boardrooms of today's biotechnological research-industrial complex. Specifically, defendants were conducting research on Moore's cells and planned to "benefit financially and competitively . 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. Moore v. Regents of University of California: Attorney: [7] Gage, Mazursky, Schwartz, Angelo & Kussman, Sanford M. Gage, Christopher E. Angelo and Jonathan T. Zackey for Plaintiff and Appellant. Moore v. The Regents of University of California Supreme Ct of CA- 1990 Facts. Consortium of California Herbaria (CCH). Plaintiff Moore was a cancer patient at U.C.L.A. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. 2016. Yet one cannot escape the conclusion that the statute's practical effect is to limit, drastically, a patient's control over excised cells. Such an arrangement would not only avoid the moral and philosophical objections to a free market operation in body tissue, but would also address stated concerns by eliminating the inherently coercive effect of a waiver system and by compensating donors regardless of temporal circumstances. Justice Arabian's concurring opinion suggests that the majority's conclusion is informed by the precept that it is immoral to sell human body parts for profit. Dist.). The next consideration that makes Moore's claim of ownership problematic is California statutory law, which drastically limits a patient's control over excised cells. 6389. Furthermore, even in the rare instance -- like the present case -- in which a conversion action might be successfully pursued, the potential liability is not likely "to destroy the economic incentive to conduct important medical research," as the majority asserts. To expand liability by extending conversion law into this area would have a broad impact. On October 8, 1976, Golde recommended that Moore's spleen be removed. . This cause of action can properly be characterized either as the breach of a fiduciary duty to disclose facts material to the patient's consent or, alternatively, as the performance of medical procedures without first having obtained the patient's informed consent. The same rule applies to Moore's interest in his own body tissue: even if we assume that section 7054.4 limited the use and disposition of his excised tissue in the manner claimed by the majority, Moore nevertheless retained valuable rights in that tissue. But in neither opinion did the authoring court expressly base its holding on property law. On January 30, 1981, the Regents applied for a patent on the cell line, listing Golde and Quan as inventors. If, as the majority suggests, the great bulk of the value of a cell line patent and derivative products is attributable to the efforts of medical researchers and drug companies, rather than to the "raw materials" taken from a patient, the patient's damages will be correspondingly limited, and innocent medical researchers and drug manufacturers will retain the considerable economic benefits resulting from their own work. . It is certainly arguable that, as a matter of policy or morality, it would be wiser to prohibit any private individual or entity from profiting from the fortuitous value that adheres in a part of a human body, and instead to require all valuable excised body parts to be deposited in a public repository which would make such materials freely available to all scientists for the betterment of society as a whole. . We granted review in this case to determine whether plaintiff has stated a cause of action against his physician and other defendants for using his cells in potentially lucrative medical research without his permission. In Moore v. Regents of the University of California,3 the court held that John Moore, a patient at the UCLA Medical Center, had For purposes of determining whether the tort of conversion lies, however, the characterization of the right in question is far from pointless. at 497. . [No. Ordinarily, when a patient consents to the use of a body part for scientific purposes, the potential value of the excised organ or cell is discovered only through subsequent experimentation or research, often months or years after the removal of the organ. "[T]hroughout this period, . Before the operation, Golde and Quan "formed the intent and made arrangements to obtain portions of [Moore's] spleen following its removal" and to take them to a separate research unit. One manifestation of that respect is our prohibition against direct abuse of the body by torture or other forms of cruel or unusual punishment. The superior court sustained all defendants' demurrers to the third amended complaint, and the Court of Appeal reversed. Accordingly, I dissent from the majority opinion insofar as it rejects plaintiff's conversion cause of action. Many receive grants from the National Institute of Health for this work. [I]n my view whatever merit the majority's single policy consideration may have is outweighed by two contrary considerations, i.e., policies that are promoted by recognizing that every individual has a legally protectible property interest in his own body and its products. In Moore v. Regents of the University of California (hereinafter referred as the Moore case), John Moore, a resident of Seattle, USA, was treated for hairy-cell leukaemia by David W Golde at the University of California-Los Angeles (UCLA) Medical Center. C513755, Warren H. Deering and John L. Cole, Judges.) Surgeons at UCLA Medical Center, whom the complaint does not name as defendants, removed Moore's spleen on October 20, 1976. Accordingly, his attempt to apply the theory of conversion within this context must frankly be recognized as a request to extend that theory. 1988) - note that the intermediate decision can be distinguished from the Supreme Court by the reporter in which it appears. . Moore v. Regents of the University of California: en: dc.provenance: Digital citation created by the Bioethics Research Library, Georgetown University, for the National Information Resource on Ethics and Human Genetics, a project funded by the United States National Human Genome Research Institute: en: … Plaintiff was a patient of a doctor working for the defendants. . The Legislature, if it wished, could create such a system, as it has done with respect to organs that are donated for transplantation. Moore v. Regents of the University of California was a landmark Supreme Court of California decision. California. Only property can be converted. The defendants made a significant amount of money from the cell line. 2. . His attending physician, Dr. David Golde, recommended removal of Moore’s spleen for therapeutic purposes. On June 4, 1982, Sandoz "was added to the agreement," and compensation payable to Golde and the Regents was increased by $ 110,000. Rptr. . 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. He asks much. . . MOORE V. REGENTS OF. Our society values fundamental fairness in dealings between its members, and condemns the unjust enrichment of any member at the expense of another. . In addition, "there are nearly 350 commercial biotechnology firms in the United States actively engaged in biotechnology research and commercial product development and approximately 25 to 30 percent appear to be engaged in research to develop a human therapeutic or diagnostic reagent. "[B]y virtue of an established policy . Learn vocabulary, terms, and more with flashcards, games, and other study tools. If you logged out from your Quimbee account, please login and try again. Yet one may earnestly wish to protect privacy and dignity without accepting the extremely problematic conclusion that interference with those interests amounts to a conversion of personal property. P was a patient at UCLA Medical Center. The plaintiff is John Moore (Moore), who underwent treatment for hairy-cell leukemia at the Medical Center of the University of California at Los Angeles (UCLA Medical Center). Yet defendants deny that Moore is entitled to any share whatever in the proceeds of this cell line. Center ("UCLA"). After hospitalizing Moore and "withdr[awing] extensive amounts of blood, bone marrow aspirate, and other bodily substances," Golde confirmed that diagnosis. competing commercial firms in these relevant fields have published reports in biotechnology industry periodicals predicting a potential market of approximately $ 3.01 Billion Dollars by the year 1990 for a whole range of [such lymphokines] . Specifically, Moore sued for lack of informed consent and breach of fiduciary duty, due to the defendants’ omission of their financial interests in Moore’s cells. There, Dr. David Golde (defendant) recommended removal of Moore’s spleen. Finally, some types of personal property may be sold but not given away, while others may be given away but not sold, and still others may neither be given away nor sold. Moore v. Regents of the University of California was a landmark Supreme Court of California decision. Thousands of human cell lines already exist in tissue repositories, such as the American Type Culture Collection and those operated by the National Institutes of Health and the American Cancer Society. 146 (1991) Supreme Court of California We granted review in this case to determine whether plaintiff has stated a cause of action against his physician and other defendants for using his cells in potentially … The operation could not be completed. If not, you may need to refresh the page. Mr. Moore filed suit in 1984 seeking a share of the profits from the drug derived from his spleen. This is both inequitable and immoral. . . briefs keyed to 223 law school casebooks. Golde established a patented cell line, which he licensed for commercial development. However, as the defendants' patent makes clear -- and the complaint, too, if read with an understanding of the scientific terms which it has borrowed from the patent -- the goal and result of defendants' efforts has been to manufacture lymphokines. Thus, Moore's allegations that he owns the cell line and the products derived from it are inconsistent with the patent, which constitutes an authoritative determination that the cell line is the product of invention. "Since property or title is a complex bundle of rights, duties, powers and immunities, the pruning away of some or a great many of these elements does not entirely destroy the title . In the future, plaintiff received further claimed treatment, which the doctor claimed could only be done at his facility, which was only intended to gather his useful cells. 3 Moore v. Regents, U. California, 249 Cal. A. Acme Laundry Co. v. Secretary of Environmental Affairs. The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. Moreover, the particular genetic material which is responsible for the natural production of lymphokines, and which defendants use to manufacture lymphokines in the laboratory, is also the same in every person; it is no more unique to Moore than the number of vertebrae in the spine or the chemical formula of hemoglobin. You're using an unsupported browser. 1988 Jul 21;249:494-540. [by exploiting the cells] and [their] exclusive access to [the cells] by virtue of [Golde's] ongoing physician-patient relationship . However, neither Golde nor Quan informed Moore of their plans to conduct this research or requested his permission. Because potential liability under a conversion theory will exist in only the exceedingly rare instance in which a doctor knowingly concealed from the patient the value of his body part or the patient's specific directive with regard to the use of the body part was disregarded, there is no reason to think that application of settled conversion law will have any negative effect on the primary conduct of medical researchers who use tissue and cell banks. In deciding whether to create new tort duties we have in the past considered the impact that expanded liability would have on activities that are important to society, such as research. PDF. Moore returned to the UCLA Medical Center several times between November 1976 and September 1983. . Introduction. The majority's third and last reason for their conclusion that Moore has no cause of action for conversion under existing law is that "the subject matter of the Regents' patent -- the patented cell line and the products derived from it -- cannot be Moore's property." . Because I conclude that plaintiff's complaint states a cause of action for conversion under traditional common law principles, I dissent from the majority opinion insofar as it rejects such a claim. any relation to [Moore's] medical . Concerned that the imposition of liability for conversion will impede medical research by innocent scientists who use the resources of existing cell repositories -- a factual setting not presented here -- the majority opinion rests its holding, that a conversion action cannot be maintained, largely on the proposition that a patient generally possesses no right in a body part that has already been removed from his body. DEBORAH MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent. The concurrence/dissent section is for members only and includes a summary of the judge’s concurrence in part and dissent in part. Moore v. Regents of the University of California 271 Cal.Rptr. . Use of this website constitutes acceptance of the Terms and Conditions and . . Lymphokines, unlike a name or a face, have the same molecular structure in every human being and the same, important functions in every human being's immune system. Butt Groc. No contracts or commitments. "Ownership is not a single concrete entity but a bundle of rights and privileges as well as of obligations." . Genetics Institute also agreed to pay Golde and the Regents "at least $ 330,000 over three years, including a pro-rata share of [Golde's] salary and fringe benefits, in exchange for . [8] Lori Andrews and Marjorie M. Schultz as Amici Curiae on behalf of Plaintiff and Appellant. Thus, unlike the majority, I conclude that under established common law principles the facts alleged in the complaint state a cause of action for conversion. THE UNIVERSITY OF CALIFORNIA: NOW THAT THE CALIFORNIA SUPREME COURT HAS SPOKEN, WHAT HAS IT REALLY SAID?' law school study materials, including 801 video lessons and 5,200+ On July 21, 1988, the California Court of Appeal handed down an unprec-edented decision declaring human tissue2 to be property of the person from whom it is removed. .] You can try any plan risk-free for 30 days. 2 Dist. Being broad, the concept of property is also abstract: rather than referring directly to a material object such as a parcel of land or the tractor that cultivates it, the concept of property is often said to refer to a "bundle of rights" that may be exercised with respect to that object -- principally the rights to possess the property, to use the property, to exclude others from the property, and to dispose of the property by sale or by gift. Instead, an examination of the relevant policy considerations suggests an appropriate balance: Liability based upon existing disclosure obligations, rather than an unprecedented extension of the conversion theory, protects patients' rights of privacy and autonomy without unnecessarily hindering research. It provides Educational Services Colleges, Universities, and Professional Schools and has a good reputation for performing valuable services to all its customers. Moore filed a thirteen-count lawsuit. A. Lesser forms, such as indentured servitude or even debtor's prison, have also disappeared. I speak of the moral issue. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. I do not know the answers to these troubling questions, nor am I willing -- like Justice Mosk -- to treat them simply as issues of "tort" law, susceptible of judicial resolution. But the same bundle of rights does not attach to all forms of property. The most abhorrent form of such exploitation, of course, was the institution of slavery. At present, human cell lines are routinely copied and distributed to other researchers for experimental purposes, usually free of charge. For these reasons, we hold that the allegations of Moore's third amended complaint state a cause of action for breach of fiduciary duty or lack of informed consent, but not conversion. 494, 501 (Cal. . Plaintiff alleges that his physician failed to disclose preexisting research and economic interests in the cells before obtaining consent to the medical procedures by which they were extracted. This is particularly true when, as here, the parties are not in equal bargaining positions. Although in this case defendants did not disregard a specific directive from plaintiff with regard to the future use of his body part, the complaint alleges that, before the body part was removed, defendants intentionally withheld material information that they were under an obligation to disclose to plaintiff and that was necessary for his exercise of control over the body part; the complaint also alleges that defendants withheld such information in order to appropriate the control over the future use of such body part for their own economic benefit. For example, both law and contract may limit the right of an owner of real property to use his parcel as he sees fit. For convenience I shall discuss the six premises of the majority's conclusion in the order in which they appear. "To establish a conversion, plaintiff must establish an actual interference with his ownership or right of possession. First, a fair balancing of the relevant policy considerations counsels against extending the tort. Courts cannot and should not seek to fashion a remedy for every "heartache and the thousand natural shocks that flesh is heir to." It arises wherever scientists or industrialists claim, as defendants claim here, the right to appropriate and exploit a patient's tissue for their sole economic benefit -- the right, in other words, to freely mine or harvest valuable physical properties of the patient's body: "Research with human cells that results in significant economic gain for the researcher and no gain for the patient offends the traditional mores of our society in a manner impossible to quantify. A second policy consideration adds notions of equity to those of ethics. .". Above all, at the time of its excision he at least had the right to do with his own tissue whatever the defendants did with it: i.e., he could have contracted with researchers and pharmaceutical companies to develop and exploit the vast commercial potential of his tissue and its products. The issue section includes the dispositive legal issue in the case phrased as a question. I concur fully in that holding. [9] On each of these visits Golde withdrew additional samples of "blood, blood serum, skin, bone marrow aspirate, and sperm." The rule of law is the black letter law upon which the court rested its decision. Such research tends to treat the human body as a commodity -- a means to a profitable end. A Constitutional Chaos and A Call for Help: The Chiaroscuro Backdrop of Johnson v. Board of Regents of the University of … To be sure, the patent granted defendants the exclusive right to make, use, or sell the invention for a period of 17 years. We’re not just a study aid for law students; we’re the study aid for law students. These efforts are beginning to bear fruit. Products developed through biotechnology that have already been approved for marketing in this country include treatments and tests for leukemia, cancer, diabetes, dwarfism, hepatitis-B, kidney transplant rejection, emphysema, osteoporosis, ulcers, anemia, infertility, and gynecological tumors, to name but a few. Golde and UCLA researcher Shirley Quan planned to use Moore’s spleen tissue—which was “o… In the first case of its kind, the California Supreme Court held in Moore v. Regents of the University of Californiathat individuals do not have an ownership interest in their cells after the cells are removed from their bodies. Where then shall a complete resolution be found? Nor is it necessary to force the round pegs of "privacy" and "dignity" into the square hole of "property" in order to protect the patient, since the fiduciary-duty and informed-consent theories protect these interests directly by requiring full disclosure. It is also legally untenable. . Cancel anytime. The plaintiff is John Moore (Moore), who underwent treatment for hairy-cell leukemia at the Medical Center of the University of California at Los Angeles (UCLA Medical Center). Moore appealed, and the California Court of Appeal reversed, ordering the trial court to reinstate the conversion claim, allow Moore to amend his inadequate informed consent claim, and rule on the remaining claims. Human cell lines are patentable because "[l]ong-term adaptation and growth of human tissues and cells in culture is difficult -- often considered an art . Of another before his body part was removed provides Educational Services Colleges, Universities and... May also be imposed Educational Services Colleges, Universities, and Professional Schools and a! Body as a legal conclusion the existence of a conversion remedy will access! Treated for hairy-cell leukemia and had to get his spleen removed Colleges, Universities, condemns!, place, and manner of their use `` unique human persona '' treat. ' demurrers to the necessary raw materials receive grants from the majority suggests... Degrade the `` unique human persona '' to treat the human spirit illuminates the problem, but did inform. Plaintiff was a patient of a patient of a conversion from the majority 's conclusion the. These repositories respond to tens of thousands of requests for samples annually court of Appeal, second District Division! Part and dissent in part moore v regents of the university of california quimbee Lori Andrews and Marjorie M. Schultz Amici! Free ( no-commitment ) trial membership of Quimbee 's cells to create a cell and! 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