In Re Cincinnati Radiation Litigation
Federal Supplement, 1995; 874: 796-833
Court Decision: 874 Federal Supplement 796; 11 January 1995 (date of decision). The United States District Court of the Southern District of Ohio allowed cancer patients to proceed on constitutional grounds against government and university physicians who used them as research subjects in radiation experiments without at first any and then later proper informed consent. Between 1960 and 1972, the Department of Defense funded research on radiation exposure to humans, which was administered by the University of Cincinnati College of Medicine and performed at the Cincinnati General Hospital. Their research subjects were cancer patients with life expectancies of two years at the most, who were also primarily indigent, poorly educated, and of lower intelligence, with a majority being African-American. The patients were told that the radiation was for their benefits, cancer treatment, and were not told the radiation dosage was determined by experimental design and so in reality benefiting the research. No consent forms were used for the first five years. When consent forms did begin use, the real risk of radiation exposure to the patients was not stated. The court found the individuals were not acting as physicians, but instead were acting "as scientists interested in nothing more than assembling cold data." Consequently, their actions were outside the scope of their hired duties to care for the sick and injured, and thus not immune to prosecution under the Due Process Clause of the Fourteenth Amendment for violations of liberty and equal protection rights.
Cancer; Consent Forms; Consent; Due Process; Equal Protection; Experimental Design; Forms; Government; Informed Consent; Intelligence; Life; Medicine; Patients; Physicians; Radiation; Research; Research Subjects; Rights; Risk; Nuclear Power / Radiation; Informed Consent or Human Experimentation; Research on Elderly and Terminally Ill Persons; Health Care for Indigents; Health Care for Minorities;
Showing items related by title, author, creator and subject.
Radiation [Review of ADVISORY COMMITTEE on HUMAN RADIATION EXPERIMENTS: FINAL REPORT; the HUMAN RADIATION EXPERIMENTS: FINAL REPORT of the PRESIDENT'S ADVISORY COMMITTEE, by Ruth R. Faden, Kenneth R. Feinberg, Eli Glatstein, Jay Latz; EXECUTIVE SUMMARY of FINAL REPORT of the ADVISORY COMMITTEE on HUMAN RADIATION EXPERIMENTS, by Ruth R. Faden] Rothman, David J. (1996-08-07)
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