Stem Cells in Court: Historical Trends in US Legal Cases Related to Stem Cells

Martinho, Andreia; Turner, Leigh

doi:10.2217/rme-2017-0002

Cited by 10 publications

(3 citation statements)

References 55 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In the USA, the proliferation of businesses selling unlicensed and unproven stem cell interventions has resulted in a growing number of patients who have been seriously harmed by stem cell procedures that they believed would help them [56][57][58][59][60][61][62]. Other patients allege they were defrauded by companies making false marketing claims [63,64].…”

Section: Discussionmentioning

confidence: 99%

Direct-to-Consumer Marketing of Stem Cell Interventions by Canadian Businesses

Turner

2018

Regen. Med.

Self Cite

View full text Add to dashboard Cite

Aim: This study examines marketing claims of Canadian businesses engaged in direct-to-consumer advertising of putative stem cell treatments. Methods: Internet searches were used to locate Canadian businesses selling stem cell interventions. Company websites were subjected to detailed analysis. Results: In total, 30 Canadian businesses sell stem cell interventions provided at 43 clinics. Autologous stem cells are the most common types of products promoted by such businesses. Company websites minimize risks while making strong claims about benefits of stem cell interventions. Discussion: Businesses’ representations could result in patients making health-related decisions informed by marketing claims rather than best available scientific evidence. Conclusion: Although there is absent development of new regulations and guidance, the Canadian direct-to-consumer marketplace for stem cell interventions appears poised for expansion.

show abstract

Section: Discussionmentioning

confidence: 99%

Direct-to-Consumer Marketing of Stem Cell Interventions by Canadian Businesses

Turner

2018

Regen. Med.

Self Cite

View full text Add to dashboard Cite

show abstract

“…People are now a days filing law suits against SC clinic, suing them for damaging side effects and complications, as well for fraudulent claims and financial exploitation (Martinho & Turner, 2017). An increase in this trend could serve to create publicity in the media and remould its portrayal of unproven SCI as something magical without side effects.…”

Section: Public Health Litigations To Aid the Reduction In Unproven Smentioning

confidence: 99%

An Overview of the Journey of Stem Cell Based Interventions from Bench to Bedside and the Growing Challenge of Unproven Interventions

Ghori¹,

Wahid²

2018

RHS

View full text Add to dashboard Cite

Background: Current researches on Stem Cell Interventions (SCI) are mostly at various stages of clinical translation, and not ripe for immediate marketing. However, there is a global rise in patients opting for unproven SCI from dubious stem cell clinics.Objectives: To describes the usual stages of SCI’s clinical translation, factors fuelling the increase in unproven SCI and possible strategies for tackling the situation that have been mentioned in research articles and patient information sources. Conclusion: Stem cell tourism is on the rise. Direct to customer marketing of SCI through websites and social media using emotional narratives, patient testimonials and false claims of benefits, and unrealistically positive portrayal on social media are contributing factors. The situation may be addressed by treating stem cells as medical innovation and speeding up their clinical translation using modifications like expedited, conditional marketing approval. Medical societies can generate meta-analyses and updates for keeping clinicians informed about the latest therapies so they can guide patients. These along with organisations like ALSuntangled, can generate patient information booklets to help patients make informed decisions. Also, Patient Information Campaigns on social media and media’s coverage of increasing SCI related lawsuits can possibly help raise public awareness about unproven SCI.

show abstract

“…A more diverse list of cases involving stem cells that includes other claims, such as intellectual property and vendor contract disputes, has been compiled elsewhere. 8 In this paper, we compare the identified cases to other public health litigation efforts and outline the advantages and shortcomings of civil law in protecting the health of consumers in this context. We argue that civil litigation is a potentially effective tool against businesses marketing unproven SCIs and outline how this can be achieved.…”

Section: Introductionmentioning

confidence: 99%

Can civil lawsuits stem the tide of direct-to-consumer marketing of unproven stem cell interventions

Horner

Tenenbaum

Sipp³

et al. 2018

npj Regen Med

View full text Add to dashboard Cite

The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices. Several patients have filed lawsuits against providers demanding compensation for physical injuries caused by unproven treatments and financial losses due to fraud and false advertising. Lawsuits can be used as a tool not only to compensate plaintiffs but also to achieve positive public health and policy outcomes. In this paper, we explore the value of a public health litigation strategy as a countermeasure against the exploitative practices of the unproven SCI industry by analyzing stem cell lawsuits and comparing them with other major public health litigation efforts. We argue that stem cell lawsuits complement other approaches to reining in unsafe practices. In particular, stem cell lawsuits could intensify publicity and raise awareness of the harms of unproven treatments, set legal precedent, reshape the media narrative from one focused on the right to try or practice to one highlighting the need for adequate safety and efficacy standards, and encourage authorities to turn their attention to policy reform and enforcement.

show abstract

Stem Cells in Court: Historical Trends in US Legal Cases Related to Stem Cells

Cited by 10 publications

References 55 publications

Direct-to-Consumer Marketing of Stem Cell Interventions by Canadian Businesses

Direct-to-Consumer Marketing of Stem Cell Interventions by Canadian Businesses

An Overview of the Journey of Stem Cell Based Interventions from Bench to Bedside and the Growing Challenge of Unproven Interventions

Can civil lawsuits stem the tide of direct-to-consumer marketing of unproven stem cell interventions

Contact Info

Product

Resources

About