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Property Law Keyed to Singer
Flynn v. Holder
Citation:
684 F.3d 852 (9th Cir. 2012)Facts
Bone marrow is the soft, fatty material found in the cavities of large bones. Bone marrow contains the stem cells that create different blood cells. Patients with certain diseases, or undergoing certain treatments, are unable to create their own blood cells and need bone marrow donations. Bone marrow donations can be achieved by (1) the aspiration method or (2) the peripheral blood stem cell apheresis method. The aspiration method involves using a large needle to remove bone barrow from a donor’s hip bone. Bone marrow is regenerative, so the donor will eventually regrow the lost marrow. The apheresis method removes stem cells found in the donor’s blood stream and then returns the remaining components of the blood into the donor’s veins. The plaintiffs argued that compensation for bone marrow donations should not be criminalized because bone marrow is regenerative and it is difficult to find a good bone marrow match so compensation may mitigate the matching problem.
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