Health Care & Hospital Law
Feb. 2, 2012
9th Circuit says yes to bone marrow compensation
Now that the science behind bone marrow transplants has improved, there is no rational basis to ban compensation for donors. By Matt Brinton of Southwestern Law School
Until roughly a month ago, U.S. law absolutely banned compensation for donors of bone marrow. (42 U.S.C Section 274(e)) A recent decision by the 9th U.S. Circuit Court of Appeals, however, suggests that due to scientific advances, the law's wide-ranging language is unconstitutional - and that blood marrow donors should be compensated for their life-giving gifts. In Flynn v. Holder, 2011 DJDAR 17254 (Dec. 1, 2011), the 9th Circuit ruled...
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