Ask a homework que 2012books lardbucke Ya Questions on Wordtab1,2.2.gif (363x26
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Ask a homework que 2012books lardbucke Ya Questions on Wordtab1,2.2.gif (363x26 DECISION SCENARIO 7 Tissue Theft? Ben Ramirez didn't get suspicious until Dr. Piser already been paid $2 million in Syncia stock to develop the BeRa cell line. "Piser never said anything about proteins or Par- mailed him the consent form for the third time "Just sign this, Ben, "read a note stuck to the top of kinson's," Ben said. "He just said my cancer was ag the page. "Don't be difficult Piser had removed part of Ben's thyroid over a year ago, after he diagnosed him with a rare form of thyroid cancer. But in the past six gressive and that he was making sure it didn't grow back. I mean, I'm oippy that my cells might help treat those diseases. But I feel betrayed. I feel like he stole my cells to make a fortuneAnd I can't even afford my co-pays. months, Piser had called Ben back to the Univer- Unfortunately, the most we can hope for is to try sity Medical Center three times for blood tests, a bone-marrow sample, and a postoperative biopsy. He had mailed Ben a that asked him to grant Piser and the to get his license revoked."Levin said. The courts have ruled that when you give a doctor a tissue sample, you are new consent form university 'abandoning it like trash and so relin- rights to his tissue and blood samples, along with Quish property rights If Plser found oilin your back yard, I could sue to get you some of his profits,but for something he finds in your body. I don't have a case." cell line or other potential products that might be derived." Piser had described the new consent form as a "mere formality," but something had amade Ben hesitate Now Piser's note raised his suspicions 1 Should Ben have a right to some of the profits that will be derived from his cells, or should the profits belong to Piser alone, for identifying and growing The next day, he called a lawyer named Vera Levin who said she'd look into the matter and meet with the cell line? 2 Did Piser disregard Ben's informed consent when he didn't disclose his financial interest in taking blood and tissue samples? Should such consent him in a week Your doctor has been a busy guy,"said Levin, after Ben took a seat in her office. "He's filed a patent on a new cell line called "BeRa, violations be punishable by law? which the biotech company Syncia has valued at 3 What if Ben worked with other researchers to de $2.7 billion. Apparently, your thyroid cells pro- duce a rare protein that can be used to develop treatments for Parkinson's and HIV. Piser has velop a cell line from his remaining thyroid tissue? Should Piser be allowed to sue him for patent infringement?Explanation / Answer
1) Ben legally has no rights because he would have given consent during his surgery , which generally has statement that patients has no rights of tissue after surgery
2) Dr .Piser if he has informed the consent and the importance of benefits which could be derived from his tissues with the research with patients will, which can't be punished
3)Ben can be sued if patent infringement is done .He can claim for legal help that the doctor is asking for a new consent to get name and fame with strong financial support with his tissues, which is not acceptable on humanity basis
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