Henrietta Lacks' family reaches settlement over use of immortal 'HeLa cells'

BALTIMORE -- The family of Henrietta Lacks reached a settlement Monday in their lawsuit against a biotech company over the use of the Baltimore woman's immortal cells, known as "HeLa cells."

The lawsuit, filed in 2021, demanded compensation for Thermo Fisher Scientific's use of the cells, which were taken without Henrietta Lacks' permission decades ago and are still being used for medical research today.  

The terms of the settlement are confidential but both parties are "pleased" they were able to resolve the matter outside of court, prominent civil rights attorney Ben Crump said in a press conference Tuesday, which would have been Lacks' 103rd birthday.

"I can think of no better present... than to give her family some measure of respect for Henrietta Lacks, some measure of dignity for Henrietta Lacks, and most of all some measure of justice for Henrietta Lacks," Crump said. 

Family present at the press conference, which included Lacks' only living son and some of her grandchildren, let go of balloons in memory of her birthday. 

Monday's settlement conference was held in the chambers of U.S. Magistrate Judge J. Mark Coulson. Media wasn't allowed inside and attorneys on both sides were tight-lipped, not hinting how the discussions were going.

Lacks went to Johns Hopkins in 1951 for cervical cancer treatment. When her cancer cells were biopsied, doctors realized that instead of dying, her cells doubled every 20 to 24 hours.

They were nicknamed the "HeLa cells" and played a critical role in medical advancements. Despite having no permission from Lacks or her family, the cells were taken and are still being used for research in many areas including vaccines and cosmetics. 

The HeLa cells were used in the development of the polio vaccine, along with treatments for cancer, HIV/AIDS, leukemia and Parkinson's disease. She died of cancer in 1951.

Senators Chris Van Hollen and Ben Cardin, both Maryland Democrats, introduced a bill last week to posthumously award Lacks the Congressional Gold Medal.

"Henrietta Lacks changed the course of modern medicine," Van Hollen said in a statement. "It is long past time that we recognize her life-saving contributions to the world."

Related:

• Sen. Van Hollen Introduces Bill To Award Congressional Gold Medal To Henrietta Lacks
• 'This Is About Genetic Justice': Ben Crump Files Suit Against Thermo Fisher Scientific Over Henrietta Lacks' Stolen Cells
• Johns Hopkins To Name New Research Building After Henrietta Lacks

Her family only found out about the use of her cells decades later. 

"These cells were taken from her body like she was a lab rat in an experiment," Lacks' granddaughter Kim Lack told WJZ last year. "No one even reached out to the family to let them know."

Thermo Fisher has tried multiple times to have the case dismissed, arguing the statute of limitations has passed and that they're not breaking a law by replicating and using the cells.

Crump has argued the statute of limitations is ongoing in this case.

"We believe that every time they regenerate or profit off of Henrietta Lacks' genetic materials [that it] starts the statute of limitations to accrue again," he said.

He also said the case is about genetic justice.

"Not only were the HeLa cells derived from Henrietta Lacks, the HeLa cells are Henrietta Lacks," Crump said. "And we can never say that enough."

The Lacks family's lawyers have made it clear this is far from the last lawsuit over the HeLa cells, saying there could be dozens more.