Health, Medicine and Bioethics News: Gene Patents, HIV testing and Forcing Parents to Vaccinate their Kids

So, I’m thinking of starting a separate blog devoted entirely to health law, medicine and bioethics – but until then here are some news bits from the cyberspace:

  • An Australian Federal Court has upheld a patent on the BRCA1 gene  linked to breast cancer. Despite Australia having laws against patenting naturally occurring processes., the court took the view that the isolation of the BRCA1 gene was a process of manufacture.   This is of considerable concern to researchers in the medical community.
  • For those who like reading cases (you sick bastards) here is a doozy which sprung from a claim by the partner of a man who tested positive for HIV, who later ended up contracting the virus. The actual claim by the partner against the doctors who conducted the original tests settled out of court, but fall out led to several cross-claims and disputes about degree of liability (case name: Idameneo (No 123) Pty Ltd v Dr Colin Gross [2012] NSWCA 423).

 

  • Another interesting case from last year is  Kingsford & Kingsford [2012] FamCA 889 – which determined whether the Family Court could order a mother to vaccinate her child. 
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