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March 16, 2005

Ownership and Use of Tissue Specimens for Research

Author Affiliations

Letters Section Editor: Robert M. Golub, MD, Senior Editor.

JAMA. 2005;293(11):1325-1326. doi:10.1001/jama.293.11.1325-a

To the Editor: I am the physician-researcher formerly affiliated with Washington University in St Louis, Mo, whose legal case was discussed in the Health Law and Ethics article on ownership and use of tissue specimens for research.1 Drs Hakimian and Korn got it backward in stating that I maintain that individuals enrolled in my research protocols during my tenure at Washington University “ . . . waived their rights to their tissue samples through language in the informed consent document.” To the contrary, it is my strong belief that, according to federal regulations, research participants cannot waive their rights to their tissue samples.2

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