Estate of Henrietta Lacks sues Novartis and Viatris over 1951 cell extraction

A new statue of Henrietta Lacks has become a significant achievement in the U.K., marking the first public sculpture of a Black woman created by a Black woman artist. Henrietta Lacks' contributions to science and medicine have been profound, despite the unethical nature in which her cells were obtained. In 1951, her cancer cells were taken without her consent or knowledge, leading to groundbreaking advancements in medical research. Her family has now taken legal action against several pharmaceutical companies, including Novartis and Viatris, alleging that these firms have profited from her cells without providing any form of recognition or compensation to her estate.

Henrietta Lacks's family has filed a lawsuit in federal court in Baltimore against Novartis and Viatris. They are demanding a jury trial and are seeking the full amount of profits that these companies have reportedly gained from using what they describe as "stolen" cells. Civil rights attorney Ben Crump, who represents the Lacks family, emphasized the historical exploitation of Black individuals in medical research. He stated, "Medical research has a long, troubled history of exploiting Black individuals, and Henrietta Lacks’s story is a stark reminder of this legacy. It is time for these corporations to be held accountable for their unjust enrichment and to provide the Lacks family with the recognition and compensation they deserve."

This lawsuit is the third of its kind filed by the Lacks family. Last year, they reached a settlement with Thermo Fisher for an undisclosed amount and subsequently filed another lawsuit against Ultragenyx concerning their use of Lacks' cells in the production of viral vectors. As of now, Novartis has refrained from commenting on the litigation, and Viatris has not responded to requests for comment.

Henrietta Lacks was a young mother of three living in Baltimore when she was diagnosed with cervical cancer. In 1951, a tissue sample was taken from her without her consent during a biopsy. Although she passed away at the age of 31, the cells taken from her continued to live and reproduce in laboratory conditions. These cells, known as HeLa cells, became the first "immortal human cell line" and have been instrumental in numerous scientific breakthroughs, including the development of polio and COVID-19 vaccines, advancements in genetic mapping, and various other medical innovations.

While Johns Hopkins University, where the cells were initially harvested, never profited from HeLa cells, many companies and research organizations have developed thousands of patents using them. According to the lawsuit, Novartis holds "hundreds" of these patents. The suit claims that Novartis has extensively used Lacks' genetic material in their research and development processes, which has expedited the creation of new drugs.

The lawsuit also highlights that Novartis and Viatris have always been aware of the origin of the HeLa cells. In 2021, Novartis acknowledged Lacks' story on their website while announcing an initiative aimed at addressing health disparities through community-based collective action. The lawsuit notes that Novartis has developed several products using HeLa cells, such as the herpes drug Famvir, CAR-T therapy Kymriah, and gene therapy Zolgensma. Similarly, Viatris has used HeLa cells in the development of drugs like mirtazapine for depression and Denavir for herpes.

The legal action taken by the Lacks family continues to highlight the ethical issues surrounding the use of HeLa cells and aims to hold pharmaceutical companies accountable for their role in benefiting from Henrietta Lacks' unwitting contributions to science.