Immortal Justice: Why the Henrietta Lacks Family Merits Restitution Today

Authors

• Suzette Malveaux, Washington and Lee University School of LawFollow

Document Type

Article

Publication Title

UC Davis Law Review

Publication Date

2026

Abstract

Almost three quarters of a century have passed since Henrietta Lacks had her cells biopsied from her cervix without her knowledge or consent. Upon discovering that Henrietta’s cells were immortal, scientists have been able to solve the most vexing medical problems of modern times and save countless lives worldwide. Aware of the cells’ scandalous origins, big pharma has nonetheless commercialized and wildly profited from the HeLa cell line without sharing the benefit with Henrietta’s family, who has been left traumatized and destitute by the initial theft.

Despite the passage of time, Henrietta’s family is seeking restitution today from pharmaceutical companies who are making billions of dollars cultivating and selling the HeLa cell line. Arguing that big pharma has been unjustly enriched at the expense of the family, the Lacks estate has sought relief in the courts. While some contend that the statute of limitations bars the family’s unjust enrichment claim, this Article demonstrates how well-established procedural doctrine, substantive limitations law, and deeply rooted values of the civil litigation system empower the family to pursue their rightful legacy. Given the long, sordid history of medicalized racism in the United States, whether the Lacks claim has expired speaks to the broader question of whether there is an expiration date on justice itself. The hope is that, like Henrietta’s cells, it is immortal.

Recommended Citation

Suzette Malveaux, Immortal Justice: Why the Henrietta Lacks Family Merits Restitution Today, 25 U.C. Davis L. Rev. 2719 (2026).