Moore v. The Regents Of The University Of California,

249 Cal.Rptr. 494 (1988)

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Nature of the Case

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Facts

Moore (P) was treated at UCLA Medical Center for hairy cell leukemia. Golde (D) was the doctor who treated P. Blood, bone marrow and other bodily substances were withdrawn from P. D recommended that D's spleen be removed to help slow the spread of the disease. Tests revealed that P's cells were unusually useful in genetic research. D removed various tissues, blood, and P's spleen without informing P of the true nature of D's interests. D then developed and patented a cell line from P's cells and licensed for commercial development. D also told P that he would have to continue treatment at the UCLA center because there was no other location that could attend to his needs. P sued on thirteen counts. The trial court sustained a demurrer to the conversion count and then dismissed the entire claim. The Court of Appeal reversed the conversion count and agreed that the informed consent count was not adequate.