First I would like to thank everyone who voted on this very non-scientific poll. I extended the voting over a month, thousands of visitors later, we have our results.
What Personal Genomics Company is most Likely to be sued 1st?
23 and Me - 70%
Navigenics - 15%
DeCode - 10%
Knome - 3%
You may be saying "Hey That's Only 98%" I say, "exactly" That's why it's not scientific. For all who may be reading, including my daily friends from Mountain View (that's right, everday)
Who exactly will be doing the suing? Maybe an Attorney General? If you are Myriad then that is the case. I prevously posted about this dangerous predicament these genomic companies could be in and the reposted last week about it.
As for Myriad, expect more BRACAnalysis ads to be coming. The WSJ reports that the Myriad ad campaign in the NY metro/NE area has increased sales of their test. from medical news today:
According to the Journal, sales of BRCAnalysis, which identifies the BRCA1 and BRCA2 genetic mutations, have increased by about 55% from $34.2 million to $53.1 million in its second quarter that ended Dec. 31, 2007.
Does this mean more patients at risk are getting identified? Most Definitely. Does this mean that their opponents are saying that more people are getting tested inappropriately? Most definitely. How did this campaign succeed where the one in 2003 fizzled? Primary Care Providers including OB/Gyns. Ask your local rep how many more tests came through these avenues and I think you will be surprised.
Now back to the wait. Navigenics is slated to open early this year. With GenomeBoy receiving an invite to the ball, I am certain to see this launch very soon. Will they follow Myriad's suit? I imagine a 3 million dollar ad campaign would work very nicely in the tri-state area. But then we have to warn them of the DTC testing laws in these states. Lest they end up like Myriad.
I guess anyone can file a suit these days. So here's a word to the Genomics Companies....."Be prepared".
As for the other companies not so well capitalized....."Be Afraid"
The Sherpa Says:
If I had a law degree, like the millions of lawyers out there who can do this work for free. I would bone up on genetics legal precedent, corporate protections and genetic discrimination. If you think a certain ex-candidate for president made a bundle suing OB/Gyns, you haven't seen the beginning of the legal fortune to be made in genomics.
7 comments:
Ach, so young and yet so cynical!
Sure there are a lot of ethical and social issues that goes with genetic testing, but the degree of possible issues that can arise with genetic testing is low compared to a lot of other medical fields and other aspects of life. Genetic testing is a low priority for lawyers.
You don't see many cases in the court that deal with genetic issues....beyond usual DNA evidence.
Misha,
I just am mentioning an opportunity here. Nothing more :)
-Steve
Anonymous,
"You don't see many cases in the court that deal with genetic issues....beyond usual DNA evidence."
For Now
-Steve
I hear ya, bro. So maybe you should quit wasting your time in clinical genetics--you need to start a vocational counseling biz! :)
MMMMM....Mookie Stinks are bad...mmmm...hoh kay.... I would be a great guidance counselor
-Steve
I'm not the same anonymous, but I think I can elaborate - just follow the money. IMHO lawyers want a real return. say you sue 23andme, what is your upside even if you bankrupt the company and collect their insurance (if they have any and it pays), you're only talking a few $million, right? I mean negligence may not be too tough, but proving damages might. And they'd probably raise another round for legal, so you'll never collect. I'm not a lawyer but I don't think that'd be worth it when I can go sue a tobacco, pharma, mcdonalds, etc. for 10-100x that. Maybe lawyers should revisit in 20-30 years when/if there are large profits from DTC services based on $999.99 genome.
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