Lessons from Havasupai tribe v. Arizona state university board of regents: recognizing group, cultural, and dignity harms as legitimate risks warranting integration into …

K Drabiak-Syed - J. Health & Biomedical L., 2010 - HeinOnline
K Drabiak-Syed
J. Health & Biomedical L., 2010HeinOnline
In March 2010, members of the Havasupai tribe and Arizona State University Board of
Regents (" ASU") entered into a settlement agreement, signaling the end of a lengthy legal
battle over the research use of blood samples. Approximately twenty years ago, researchers
at ASU began collecting blood from members of the tribe to conduct what the tribe thought
would be diabetes research projects. Years later, however, the tribe discovered that a
researcher at ASU shared their blood with other researchers and conducted research on …
In March 2010, members of the Havasupai tribe and Arizona State University Board of Regents (" ASU") entered into a settlement agreement, signaling the end of a lengthy legal battle over the research use of blood samples. Approximately twenty years ago, researchers at ASU began collecting blood from members of the tribe to conduct what the tribe thought would be diabetes research projects. Years later, however, the tribe discovered that a researcher at ASU shared their blood with other researchers and conducted research on schizophrenia, inbreeding, and human population migration theories. Upon discovering how researchers at ASU had been using their blood, tribe members asserted that consent to such research would not have been acquired had they been adequately informed, and they demanded that ASU withdraw them from the study and return their blood samples. When ASU refused, members of the tribe filed two separate lawsuits against the University, alleging that ASU's actions resulted in cultural, dignitary, and group harm to the participants. The progression of events during the course of research and subsequent litigation demonstrates how the current legal and ethical framework governing the collection of biological materials for research fails to account for assessments of risk and harm that are specific and unique to identifiable population groups and Native American tribes. For these specific populations, blood
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