Just under a month after reaching a settlement with Thermo Fisher over the utilization of Henrietta Lacks’ cells, her family has filed a lawsuit against Ultragenyx, another pharmaceutical company, alleging profiteering from a racially biased medical system.
The legal action was initiated in a Maryland federal court, accusing Ultragenyx of illegitimately capitalizing on cells obtained from Lacks without her consent more than seven decades ago. The lawsuit asserts that Ultragenyx has generated substantial profits by using Lacks’ cells as a foundation for its proprietary gene therapy products.
Ultragenyx has not yet responded to queries regarding the lawsuit. The contentious history surrounding Lacks’ cell line, known as the HeLa cell line, is a concern within the scientific community, according to Lacks’ estate.
Lacks’ estate’s core contention against Ultragenyx revolves around the company’s production of adeno-associated virus (AAV) vectors for gene therapies. Ultragenyx has positioned AAV-based gene therapy as a crucial aspect of its business strategy, and the lawsuit claims that the company’s competitive edge is built on the utilization of Lacks’ cells.
While many of Ultragenyx’s approved therapies are biologics, the company is actively developing more than five AAV-based gene therapies. The lawsuit alleges that Ultragenyx has commercialized Lacks’ cells for large-scale production of AAV vectors.
This issue arises at a time when the industry is grappling with a shortage of viral vectors, essential components in various medicines. Lacks’ estate likens Ultragenyx’s treatment of her cells to a dairy farm’s treatment of cows, accusing the company of exploiting her cells for financial gain.
Ultragenyx is now confronted with the demand to relinquish its gains from commercializing the HeLa cell line to Lacks’ descendants. Additionally, Lacks’ estate seeks a permanent injunction against the future use of her cells without the estate’s permission.
This lawsuit comes on the heels of the resolution of Lacks’ estate’s legal dispute with Thermo Fisher. Earlier in the summer, the two parties reached a confidential settlement, with Thermo Fisher accused of profiting from Lacks’ cells despite being aware of their questionable origins.
It’s worth noting that Ultragenyx’s legal predicament coincides with the inauguration of a new facility for AAV production based on its producer cell line manufacturing platform.
