Post by Okwes on Nov 8, 2006 6:29:24 GMT -5
Havasupais get support in research suit Say ASU used blood samples for
more than diabetes Betty Beard
The Arizona Republic
Nov. 1, 2006 12:00 AM
www.azcentral.com/community/ahwatukee/articles/1101tr-lawsuit1028\
Z14.html
<http://www.azcentral.com/community/ahwatukee/articles/1101tr-lawsuit102\
8Z14.html> Native American tribes and groups across the country
have backed the Havasupai Tribe in a lawsuit accusing Arizona State
University researchers of using their blood samples for more than
agreed-upon diabetes research.
The Havasupais, who live in the bottom of the Grand Canyon, say that
almost their entire population gave ASU blood samples in the early 1990s
for diabetes research, but that researchers also used the samples for
other studies, such as the possibility of inbreeding and schizophrenia,
that stigmatized and exploited the tribe. Some of the resulting blood
cell lines were sent to research institutions and labs around the world.
Two federal lawsuits, one by 79 individuals and the other by the
Havasupai Tribe, were filed in early 2004 but they have since been
combined into one suit and transferred to Maricopa County Superior
Court. [http://www.azcentral.com/imgs/clear.gif]
[http://www.azcentral.com/imgs/clear.gif]
Because the Havasupais are a small and poor tribe, they have been
seeking resolutions of support and donations from other tribes for their
legal defense fund, said Letha Lamb, owner of a Tempe marketing company
that is helping them.
Money and resolutions have come in from National Congress of American
Indians, Inter Tribal Council of Arizona, two out-of-state tribes and 11
Arizona tribes, including the large Navajo Nation and the nearby Gila
River and Salt-River Pima-Maricopa communities.
Robert Rosette, who represents the Havasupai Tribe, said the suit seeks
about $40 million for infliction of emotional distress, negligence and
other claims. Rosette said he will probably ask for more after learning
how valuable blood samples are for research into isolated communities
like the Havasupais.
"The tribe has resolved to take this to trial and to hopefully restore
their dignity and seek justice," he said.
Richard Albrecht, an assistant attorney general representing the Regents
and ASU, said the dispute revolves around whether the Havasupais were
properly notified that their blood would be used for more than diabetes
research.
"The state contends that consent was given for the research that was
done and there certainly wasn't any attempt to do research beyond what
representations were made to the tribe and individuals," he said.
Albrecht said the written consent forms authorized the study of causes
of behavioral and medical disorders.
Of the original 79 individual plaintiffs, he said 46 remain. The others
were removed mostly because they had not told the state ahead of time
they had a claim. He said 24 of those remaining plaintiffs have written
consents and the others don't.
He doesn't know when the case could go to trial.
more than diabetes Betty Beard
The Arizona Republic
Nov. 1, 2006 12:00 AM
www.azcentral.com/community/ahwatukee/articles/1101tr-lawsuit1028\
Z14.html
<http://www.azcentral.com/community/ahwatukee/articles/1101tr-lawsuit102\
8Z14.html> Native American tribes and groups across the country
have backed the Havasupai Tribe in a lawsuit accusing Arizona State
University researchers of using their blood samples for more than
agreed-upon diabetes research.
The Havasupais, who live in the bottom of the Grand Canyon, say that
almost their entire population gave ASU blood samples in the early 1990s
for diabetes research, but that researchers also used the samples for
other studies, such as the possibility of inbreeding and schizophrenia,
that stigmatized and exploited the tribe. Some of the resulting blood
cell lines were sent to research institutions and labs around the world.
Two federal lawsuits, one by 79 individuals and the other by the
Havasupai Tribe, were filed in early 2004 but they have since been
combined into one suit and transferred to Maricopa County Superior
Court. [http://www.azcentral.com/imgs/clear.gif]
[http://www.azcentral.com/imgs/clear.gif]
Because the Havasupais are a small and poor tribe, they have been
seeking resolutions of support and donations from other tribes for their
legal defense fund, said Letha Lamb, owner of a Tempe marketing company
that is helping them.
Money and resolutions have come in from National Congress of American
Indians, Inter Tribal Council of Arizona, two out-of-state tribes and 11
Arizona tribes, including the large Navajo Nation and the nearby Gila
River and Salt-River Pima-Maricopa communities.
Robert Rosette, who represents the Havasupai Tribe, said the suit seeks
about $40 million for infliction of emotional distress, negligence and
other claims. Rosette said he will probably ask for more after learning
how valuable blood samples are for research into isolated communities
like the Havasupais.
"The tribe has resolved to take this to trial and to hopefully restore
their dignity and seek justice," he said.
Richard Albrecht, an assistant attorney general representing the Regents
and ASU, said the dispute revolves around whether the Havasupais were
properly notified that their blood would be used for more than diabetes
research.
"The state contends that consent was given for the research that was
done and there certainly wasn't any attempt to do research beyond what
representations were made to the tribe and individuals," he said.
Albrecht said the written consent forms authorized the study of causes
of behavioral and medical disorders.
Of the original 79 individual plaintiffs, he said 46 remain. The others
were removed mostly because they had not told the state ahead of time
they had a claim. He said 24 of those remaining plaintiffs have written
consents and the others don't.
He doesn't know when the case could go to trial.