Abstract

Excerpted From: Suzette Malveaux, Immortal Justice: Why the Henrietta Lacks Family Merits Restitution Today, 59 University of California, Davis Law Review 2719 (June 2026) (266 Footnotes) (Full Document)

 Three quarters of a century have passed since Henrietta Lacks had her cells biopsied from her cervix, without her knowledge or consent. As Henrietta lay unconscious in the segregated ward for Black patients, white Johns Hopkins doctors excised her biological tissue in hopes of finding an immortal human cell line after several failed attempts. This time they would be lucky. Unbeknownst to Henrietta, the doctors discovered that Henrietta's cells could live indefinitely -- a characteristic that made them the perfect vehicle to solve some of the most vexing medical problems of modern times. Their capacity for infinite longevity has enabled scientists to make incredible progress and save countless lives, never before possible. Pharmaceutical companies have taken the helm, cultivating and selling HeLa cells and profiting in the millions, if not billions, of dollars. Aware of the cells' scandalous origins, these pharmaceutical giants nonetheless commercialize the HeLa cell line without sharing the financial benefit with Henrietta's family. The theft of Henrietta's cells has left a legacy of trauma and destitution for the family, while unjustly enriching Big Pharma today.

This Article explores whether Henrietta's family should be able to bring an unjust enrichment claim today against companies who knowingly benefit from a violation that occurred three quarters of a century ago. Black Americans are increasingly challenging not only racially motivated violence and systemic discrimination meted out many decades ago, but current harms originating from those historical wrongs. This Article explores this phenomenon within the context of a specific case of medicalized racism -- simultaneously extraordinary and sadly commonplace in American history.

More specifically, this Article asks: If Henrietta's cells are immortal, why should the pursuit of justice not be immortal too? This Article concludes that the Lacks family's unjust enrichment claims are not time-barred under well-established procedural doctrine and deeply rooted values underlying limitations law. While this Article focuses on the Lacks case specifically, it raises more generally whether it is too late for justice to be done in cases of medicalized racism. It makes a unique contribution, demonstrating how and why the Lacks litigation should overcome any filing deadline defense. Moreover, it reminds not only the Lacks family, but courts, of their power to confront injustice over all else.

This Article proceeds in five Parts. After the Introduction, Part I briefly describes Henrietta Lacks's life, her medical exploitation and the theft of her cells. Part II explains how the immortality of her cell line has resulted in untold contributions to scientific and medical advancement, as well as tremendous corporate wealth enjoyed by Big Pharma. Part III contrasts these benefits with the insurmountable loss experienced by the Lacks family, in the form of financial exploitation, emotional trauma, and loss of dignity. Part IV demonstrates how under substantive, procedural, and remedies law, the Lacks family should be able to pursue restitution unencumbered by the statute of limitations. While the immortality of Henrietta's cells is exceptional, the law supporting the family's litigation is not. Restitution seventy-five years after Henrietta's assault is warranted under the law. Part V situates the Lacks story in the broader context of medicalized racism. From slavery to the present, Black women, like Henrietta, have been subjected to nonconsensual scientific experimentation and financial exploitation, contributing to race-based health disparities today. Finally, this Article concludes with a call to the U.S. civil justice system to open its doors to everyone and heed the mandate of Marbury v. Madison.

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In conclusion, this Article asks whether the unjust enrichment claim the Lacks family is pursuing against Big Pharma has expired. The normative answer is no. But more importantly, the real question is for the civil justice system -- is there an expiration date on justice itself? The hope is that, like Henrietta's cells, it is immortal.

Suzette Malveaux. Roger D. Groot Professor of Law at Washington and Lee University School of Law (W&L).