Monday, May 18, 2009

Moral Compass Gone haywire

A New York Times article, "Cancer Patients Challenge the Patenting of a Gene" by John Schwartz, which appeared on May 12, 2009, disclosed the monopoly held by Myriad on testing to detect the BRCA gene.  Breast cancer patients who have this gene could make well-placed bets on their odds of getting ovarian cancer, so detection of the gene impacts treatment decisions.  Because of Myriad's monopoly, there are no comparative tests, and woe to the patient who can't afford the thousands charged; Myriad doesn't accept insurance.   Adding insult to injury, Myriad has been granted a patent on the gene the test method. Yet another company holds the patent on the gene responsible for the deathly "long QT syndrome," according to the article.One wonders if executives of these companies sleep soundly?  Irrespective of the merits and the questionably favorable precedent [or the soundness that precedent], significant moral issues are at stake.  Is our country prepared to deprive seriously ill patients access to crucial information in the name of big bucks? Making money from development of tests, medications and procedures is fine, but the American concept of justice I learned in law school is one of fairness and equity. Sanctioning monopolies that deprive patients meaningful access to credible tests is simply wrong.  Executives of Myriad and all like-minded companies should consider new careers, perhaps in the area of sub-prime lending. One more thing; Dr. Henry Ostrer, director of the human genetics program at the New York University School of Medicine, was quoted in the May 12, 2009 New York Times article.  Dr. Ostrer is the Director of Human Genetics at the New York University School of Medicine.  His laboratory is currently working to discover a modifier gene that prevents BRCA from triggering to cause cancer.   The Jewish Women's Foundation of New York, of which I am proudly a member, provided funds for the initial phase of this research.  Dr. Ostrer and Dr. Freya Schnabel made a presentation in support of the grant that left us in awe with admiration for these brilliant scientists who are dedicated to improving the quality of life for everyone.  They are, my friends, upright and moral.  Naturally, Dr. Ostrer is a plaintiff in the suit against Myriad.  One would expect nothing less.

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