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Printable Handouts
Navigable Slide Index
- Introduction
- Talk outline
- Overview
- What is a biospecimen?
- Sources of biospecimens
- What is a biorepository (a.k.a. biobank)?
- Biorepositories
- Research uses of biospecimens
- Legal/Ethical issues
- Legal/Ethical questions
- Federal rules on human subjects research
- Federal definitions: human subjects and research
- Federal definitions: intervention
- Common Rule exemptions
- Key Common Rule requirements
- Informed consent requirements (1)
- Informed consent requirements (2)
- Informed consent requirements (3)
- Institutional Review Board (IRB)
- Are biospecimens subject to the Common Rule?
- Coded private info/biospecimen research guidance
- FDA rules for human subjects (1)
- FDA rules for human subjects (2)
- FDA IVD research rules
- Biospecimen lawsuits
- Moore v. Regents of the University of California
- Courts' ruling on Moore's case (1)
- Courts' ruling on Moore's case (2)
- Courts' ruling on Moore's case (3)
- Justices dissent on Moore case rulings
- Justices dissent (Broussard, J.)
- Justices dissent (Mosk, J.)
- Greenberg, Canavan disease case (1)
- Greenberg, Canavan disease case (2)
- Donors or Subjects?
- Greenberg case claims and court rulings (1)
- Greenberg case claims and court rulings (2)
- Greenberg case outcomes
- Catalona v. University of Washington
- Informed consent in Catalona case
- Catalona case: declaration of ownership
- Catalona case court rulings (1)
- Catalona case court rulings (2)
- Catalona case court rulings (3)
- OHRP Letter (1989)
- OHRP and FDA draft guidance (1)
- OHRP and FDA draft guidance (2)
- Acceptable & unacceptable exculpatory language
- Summary so far
- Havasupai tribe v. Arizona board of regents (1)
- Havasupai tribe v. Arizona board of regents (2)
- Havasupai tribe case settlement
- Newborn blood spot litigation
- Beleno v. Texas dept. of health services
- Higgins v. Texas dept. of health services
- Bearder v. State of Minnesota
- Case law – Take home message
- Recent developments: The Lacks family
- NIH Common Rule overhaul
- NIH Common Rule proposals
- Variation in IRB biobanking policies
- Wrap-Up
Topics Covered
- Human specimens and their increasing importance in scientific research
- Rights, expectations, and obligations of tissue contributors, researchers and institutions
- Legal cases and highly-publicized controversies
- Policies to address ethical/legal concerns
Talk Citation
Javitt, G. (2015, August 31). Legal and ethical issues in uses of stored tissue in human subjects research [Video file]. In The Biomedical & Life Sciences Collection, Henry Stewart Talks. Retrieved December 23, 2024, from https://doi.org/10.69645/XBWE2635.Export Citation (RIS)
Publication History
Financial Disclosures
- Ms. Gail Javitt has not informed HSTalks of any commercial/financial relationship that it is appropriate to disclose.
Other Talks in the Series: Tissue in Research
Transcript
Please wait while the transcript is being prepared...
0:00
My name is Gail Javitt.
I am Of Counsel with DLA Piper,
a law firm in Washington DC and also affiliated with
the Berman Institute of Bioethics at Johns Hopkins University.
I am going to be presenting
legal and ethical issues in uses of stored tissue in human subjects research.
0:22
Let me outline for you what I'm going to be discussing.
As many of you may already know,
human specimens are increasingly important to the conduct of scientific research.
The topic of the use of biospecimens in research has received
increasing attention in recent years as a result of several legal cases,
as well as highly publicized controversies
that did not necessarily result in a lawsuit,
but nevertheless garnered a lot of public opinions, public scrutiny.
These cases and controversies have raised a number of issues
regarding what should be and what are the rights, expectations,
and obligations of people who contribute human specimens for research,
as well as of the researchers and the institutions that are involved in such research.
While there are myriad of legal and ethical issues that have been raised,
a number of them also have remained unresolved in the sense that they are
not necessarily uniform policies to address the concerns that have been raised.
Different entities, such as IRBs or academic institutions and others,
have adopted different approaches,
and so there continues to be some confusion and uncertainty in this field,
as we will review.
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