In a ruling that may bring relief to cancer patients across the US, a federal appeals court said that a decades-old law banning the sale of human organs does not apply to bone marrow donations.
The US National Organ Transplant Act of 1984 prohibits financial compensation for human organ donations, including bone marrow, but allows people to be paid for blood and plasma donations. At the time, lawmakers made that distinction because the method used to extract marrow was dangerous, and monetary kickbacks could have encouraged desperate people to take unnecessary risks. As a disincentive to sell organs, the crime was made punishable by up to five years in prison. But a group of cancer victims, parents of sick children, a physician and a Californian non-profit called MoreMarrowDonors.org challenged the status quo, arguing that reimbursement was essential to plug the country’s shortage of bone marrow donors.
In a decision released yesterday, the US Court of Appeals for the Ninth Circuit, which covers much of the western part of the country, agreed. “The court’s decision will fundamentally change treatment options for people with deadly blood diseases,” Jeff Rowes, the attorney from the Institute for Justice in Arlington, Virginia who argued the case, told Nature Medicine.





