Thursday, December 1, 2011

Paying bone marrow donors is now legal (depending on how it's done)

Joshua Gans forwards me this, just in on the AP wire from the Washington Post: Court says some bone marrow donors can be paid, overturning law that made compensation a crime

But the ruling makes for some odd distinctions:

"A federal appeals court ruled Thursday that most bone marrow donors can be paid, overturning a decades-old law that made such compensation a crime.

"In its ruling Thursday, the 9th U.S. Circuit Court of Appeals said a technological breakthrough makes donating bone marrow a nearly identical process as donating blood plasma. It’s legal — and common — to pay plasma donors. Therefore, the court ruled, bone marrow donors undergoing the new procedure can be paid as well and are exempt from a law making it a felony to sell human organs for transplants.

"The unanimous three-judge panel of the court did say it remains a felony to compensate donors for undergoing the older donation method, which extracts the marrow from the donors’ bones.

"The ruling overturns a lower court decision barring compensation for all bone marrow donations."
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See my previous post on that lawsuit here.

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