Malpractice attorney protests using humans in medical tests

Too many humans are being used in medical tests, and the rules for those tests need to be stricter, a noted malpractice attorney said Friday.

Allen Milstein, who has filed several major lawsuits against medical researchers, told Kansas University law students that humans should be used as test subjects only in limited circumstances.

“I’m constantly accused of trying to stop research,” he said. “I’m not trying to stop research. I’m trying to stop trivial research.”

Milstein, who received a master’s degree in American studies from KU in 1978, was recently called the “man to see when it comes to medical research abuse cases” by the Washington Post.

He represented the family of 18-year-old Jesse Gelsinger, a Pennsylvania man who died while participating in a study at the University of Pennsylvania to treat his rare genetic liver ailment. The suit led to a national investigation that uncovered abuses at dozens of other institutions.

Milstein has lawsuits pending against the University of Oklahoma, the Fred Hutchinson Cancer Research Center in Seattle and Ohio State University.

Milstein estimates there are 7 million people participating in 200,000 clinical tests in the United States. Using humans as subjects is necessary in some instances, Milstein said, but many who are test subjects don’t understand the risks involved and assume the researchers have the subject’s best interest in mind.

In Gelsinger’s case, the researcher owned stock in the company that made the drug being tested. “He stood to make millions if the drug proved successful,” Milstein said. “There should be no conflicts of interest.”

He also suggested institutions should have advocates to act as intermediaries between researchers and subjects. The advocates, which aren’t used now, could help determine whether the research is in a subject’s best interest.

Milstein said the best way to spread the word about inhumane research seems to be through the court system. He’s hoping courts will establish a “constitutional right to be treated with dignity,” which would apply to violating ethical medical codes.