Top Europe court bans stem cell technique patents
Recent Cases
The European Union's top court ruled Tuesday that scientists cannot patent stem cell techniques that use human embryos for research purposes, a ruling some scientists said threatens important research since no one could profit from it.
The European Court of Justice in Luxembourg said the law protects human embryos from any use that could undermine human dignity.
Embryonic stem cells can develop into any type of cell in the body, which one day might be used to replace damaged tissue from ailments such as heart disease, Parkinson's and stroke. But using stem cells from embryos has been controversial — opposed by some groups for religious and moral reasons.
Despite such concerns, there are no such restrictions on obtaining patents on stem cell techniques in the U.S. and many other countries.
The European ruling centered on the case of Oliver Bruestle at the University of Bonn, who filed a patent on a technique to turn embryonic stem cells into nerve cells in 1997. Greenpeace filed a challenge to Bruestle's patent, arguing that it allows human embryos to be exploited.
The court said patents would be allowed if they involved therapeutic or diagnostic techniques that are useful to the embryo itself, like correcting defects.
Related listings
-
Utah man charged with threatening air marshals
Recent Cases 10/17/2011A Utah man has been charged in federal court after authorities say he threatened to shoot air marshals, hijack the flight and urinate in the cabin of a Delta Airlines plane en route from Amsterdam to Detroit. During a Thursday appearance in U.S. Dist...
-
Court blocks Ala. from checking student status
Recent Cases 10/17/2011Armando Cardenas says he has thought about leaving Alabama because of the possibility of being arrested as an illegal immigrant and the hostility he feels from residents. But now that a federal appeals court has sided with the Obama administration an...
-
High court to decide double jeopardy question
Recent Cases 10/12/2011The Supreme Court will decide whether a jury forewoman's offhand comment that the jury was unable to make a decision on a murder charge means the suspect can't be retried on that charge. The high court on Tuesday agreed to hear an appeal from Alex Bl...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.