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Bioethics Keyed to Clark, 9th Ed.
Flynn v. Holder
Citation:
684 F.3d 852 (2012)Facts
The plaintiffs included parents of sick children who needed bone marrow transplants, a physician specializing in bone marrow transplantation, and MoreMarrowDonors.org, a nonprofit organization. The nonprofit sought to implement a program offering $3,000 awards in the form of scholarships, housing allowances, or charitable donations to donors of bone marrow cells, focusing initially on minority and mixed-race donors who tend to have rarer marrow cell types. The traditional method of bone marrow donation (aspiration) involves extracting marrow directly from the donor’s bones, which is painful and requires anesthesia. However, a newer method called peripheral blood stem cell apheresis has been developed, which involves injecting the donor with medication that increases stem cell production, then drawing blood and filtering out the stem cells before returning the remaining blood components to the donor. This method is similar to blood donation and avoids the need to extract marrow directly from bones. The plaintiffs argued that prohibiting compensation for this newer method violated the Equal Protection Clause because it was not materially different from blood donation, which can be compensated.
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