• All Share : 51770.59
    DOWN -0.90%
    Top 40 : 4433.67
    DOWN -1.10%
    Financial 15 : 14588.73
    DOWN -1.88%
    Industrial 25 : 59240.79
    DOWN -0.61%

  • ZAR/USD : 10.6807
    UP 0.78%
    ZAR/GBP : 18.0596
    UP 0.55%
    ZAR/EUR : 14.3040
    UP 0.63%
    ZAR/JPY : 0.1038
    UP 0.04%
    ZAR/AUD : 9.9611
    UP 0.19%

  • Gold : 1296.2050
    DOWN -0.22%
    Platinum : 1477.7000
    UP 0.25%
    Silver : 20.5881
    UP 0.12%
    Palladium : 879.7500
    UP 0.66%
    Brent Crude Oil : 106.260
    DOWN -0.23%

  • All data is delayed by 15 min. Data supplied by INET BFA
    Hover cursor over this ticker to pause.

Wed Jul 30 21:17:25 SAST 2014

US court rules bone marrow donors can be paid

Reuters | 02 December, 2011 17:40
Bone marrow.
Image by: Pulmonary Pathology via Flickr

Some bone marrow donors in the United States can now be paid for their donations, similar to blood, egg and sperm donors, according to a court ruling.

The federal appeals court said on Thursday that new technologies for transplanting bone marrow make the tissue more like blood and less like an organ.

The National Organ Transplant Act prohibits compensation for human organs, such as kidneys, but allows payment for renewable tissues such as blood.

A California non-profit group called MoreMarrowDonors.org, parents of sick children and a physician sued US Attorney General Eric Holder in 2009, challenging the ban on compensation for bone marrow donations. They argued that allowing financial incentives for bone marrow donation was crucial because of the extreme difficulty of finding a genetic match.

The suit said the ban violated the US Constitution because it treated bone marrow as a “human organ” while allowing payments for blood, sperm and eggs.

The government said that payments could lead to exploitation of people in financial need.

A California court sided with the government, but the 9th Circuit Court of Appeals disagreed.

“Once the stem cells are in the bloodstream, they are a subpart of the blood, not the bone marrow,” Judge Andrew Kleinfeld wrote on behalf of the three-judge panel.

Charles Miller, a spokesman for the Justice Department, declined to comment.

“This decision fundamentally changes how deadly blood diseases will be treated in America,” said Jeff Rowes, the lead attorney for the plaintiffs.

He said one of the biggest challenges has been encouraging people identified as a rare match to go through with the donation.

MoreMarrowDonors.org had wanted to offer donors $3 000 in scholarships, housing allowances or gifts to charities of their choice.

Rowes said any form of compensation is now available to recruit donors, and patients can now ask their insurance companies to pay donors identified as a match.

SHARE YOUR OPINION

If you have an opinion you would like to share on this article, please send us an e-mail to the Times LIVE iLIVE team. In the mean time, click here to view the Times LIVE iLIVE section.
Wed Jul 30 21:17:25 SAST 2014 ::