Moore v. Regents of the University of California: The Splenetic Debate over Ownership of Human Tissue
![handle is hein.journals/swulr21 and id is 1477 raw text is: MOORE v. REGENTS OF THE UNIVERSITY
OF CALIFORNIA: THE SPLENETIC
DEBATE OVER OWNERSHIP
OF HUMAN TISSUE
I. INTRODUCTION
Due to the substantial use of human tissues and cells in biotechno-
logical research and development today, increased attention must be fo-
cused on the emerging legal considerations of such use. Although the
advances that come from this research increase our knowledge of life
forms and improve our health care, with such progress comes greater
responsibilities for policymakers and scientists.' This area of the law is
particularly interesting because currently no concrete law sets forth the
rights held by one who provides tissues and cells to an academic or com-
mercial researcher. Furthermore, recent legal developments have raised
new issues which remain unaddressed by the courts or the legislature.
On July 9, 1990, in a case of first impression, the California Supreme
Court ruled that patients do not have a property right in human tissue2
taken from their bodies during treatment. In Moore v. Regents of the
University of California,3 the court held that John Moore, a patient at
UCLA Medical Center, did not have a viable claim for conversion of his
spleen, which doctors had removed as part of his therapy for hairy-cell
leukemia.4 Using Moore's spleen, the main defendant in the case, a phy-
sician at UCLA, developed and patented a valuable cell line.'
This Note will examine the implications stemming from the Califor-
1. U.S. CONGRESS, OFFICE OF TECHNOLOGY ASSESSMENT, NEW DEVELOPMENTS IN BIO-
TECHNOLOGY: OWNERSHIP OF HUMAN TISSUES AND CELLS - SPECIAL REPORT, OTA-BA-337
(Washington, D.C.: U.S. Printing Office, March 1987) [hereinafter OTA REPORT].
2. For purposes of this Note, human tissue, when mentioned, includes cells, organs, bones and
skin.
3. 793 P.2d 479 (Cal. 1990), aff'g in part and rev'g in part, 763 P.2d 479 (Cal. 1988), supersed-
ing, 249 Cal. Rptr. 494 (Ct. App. 1988), cert. denied, II1 S. Ct. 1388 (1991).
4. Id. at 480. Only an estimated 2500 Americans currently suffer from hairy-cell leukemia.
Approximately 500 to 600 new cases are reported each year. FDA Approves Warner-Lambert Leuke-
mia Drug, REUTERS, Oct. 15, 1991, available in LEXIS, Nexis Library, Finrpt file.
5. Moore, 793 P.2d at 481-82. Ironically, the physicians named their newly found cell line
after Moore himself (Mo Cell line).
1465](ViewImageLocal?handle=hein.journals/swulr21&div=40&collection=&method=preview&ext=.png&size=3)
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Moore v. Regents of the University of California: The Splenetic Debate over Ownership of Human Tissue
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