Breast Cancer Ethical Issues

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Ethical Issues in Genetic Screening for Breast Cancer:
Patenting of BRCA 1 and BRCA 2 genes
Breast cancer affects over 508,000 women worldwide and almost 50-58% of cases result in death. It is the top cancer in women (WHO, 2017, p.2). Scientist Mary-Claire King discovered BRCA1, the gene mutation for causing breast cancer, in 1994. BRCA2 was discovered in 1995 (Park, 2014). Testing options have previously been limited due to gene patenting. A patient carrying BRCA 1 or BRCA 2 can reduce the risk of contracting the disease by opting to remove breast tissue and ovaries (Grady, Parker-Pope, & Belluck, 2013, p. 2). Opting for in vitro fertilization and screening of embryos for the BRCA gene can stop gene transmission to future generations (Grady, …show more content…
Myriad Genetics, Myriad argued, “isolating the genes was a momentous advancement and the work requires significant skill, insight, and invention on the part of Myriad’s investors.” (Advisory Board, 2012, p.___). Myriad won this case and argument in the federal appeals court. (Advisory Board, 2012) However, the Association of Molecular Pathology claimed the “exclusivity has allowed Myriad to dictate the cost of genetic testing, stopped other laboratories from creating and offering new and improved testing procedures, and made it impossible to obtain second opinions that could better inform patients of their cancer risk” (Advisory Board, 2012, ____). The court ultimately ruled Myriad failed to create new BRCA genes, because they are a product of nature. In this decision, Supreme Court Justice Clarence Thomas determined the patenting of nature-derived genes is illegal (Sifferlin, 2013). Scientist Mary-Claire King supported this ruling as it allowed for additional companies to create tests for cancer-causing mutation (Park, 2014) The ruling permitted the patenting of complementary DNA (cDNA), because it is not naturally occurring (Sifferlin, …show more content…
(2017). Genomics and the ‘Angelina Jolie effect’. Retrieved from https://www.genomicseducation.hee.nhs.uk/news/item/325-genomics-and-the-angelina-jolie-effect
Genetics Home Reference. (2017). Can genes be patented? U.S. National Library of Medicine.
Retrieved from https://ghr.nlm.nih.gov/primer/testing/genepatents
Grady, D., Parker-Pope, T., & Belluck, P. (2013). Jolie’s disclosure of preventive mastectomy highlights dilemma. Retrieved fromhttp://www.nytimes.com/2013/05/15/health/angelina-jolies-disclosure-highlights-a-breast-cancer-dilemma.html?_r=0
Macha, K., & McDonough, J. P. (2012). Epidemiology for advanced nursing practice. Sudbury,
MA: Jones & Bartlett Learning.
National Institute for Health and Care Excellence. (2015). Familial breast cancer: Classification, care and managing breast cancer and related risks in people with a familial history of breast cancer. Clinical Guideline CG164. Retrieved from https://www.nice.org.uk/guidance/cg164 Park, A. (2014). Lessons from the woman who discovered the BRCA cancer gene. Retrieved
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