| Update: Donor Request To Transfer Blood and Tissue Samples |
|
Many patients continue to ask about the status of the lawsuit concerning the transfer of the research sample collection developed by Dr. Catalona from his patients and research participants at Washington University to Dr. Catalona’s custody for use in his present research programs. Dr. Catalona’s position in this dispute is that, under federal rules for the protection of human research subjects, research participants always have the right to withdraw their consent to participate in a research program at any time. Also, research consent forms cannot contain language that waives the participants’ rights. Approximately 6,000 of Dr. Catalona’s research participants have requested their research samples be transferred to Dr. Catalona. However, Washington University has refused to honor their requests, maintaining that it owns the samples. The legal proceedings have been underway for one year. Dr. Catalona requested that Washington University refrain from using the samples until the legal issue has been resolved. Washington University refused and plans to use the samples, despite the research participants’ wishes to the contrary. Dr. Catalona requested the Federal Court order Washington University to refrain from using the samples. The Court, responding to this request, issued a temporary order. Washington University requested that the order be suspended, and Dr. Catalona has responded that it should be continued. |