Preview:

Circuit Court for Baltimore City Case numbers: 24-C-99-000925 and 24-C-95066067/CL 193461 IN THE COURT OF APPEALS OF MARYLAND September Term, 2000 No. 128 ERICKA GRIMES v. KENNEDY KRIEGER INSTITUTE, INC. _______________________________________ __ No. 129 MYRON HIGGINS, a minor, etc., et al. v. KENNEDY KRIEGER INSTITUTE, INC.

Eldridge Raker Wilner Cathell Harrell Battaglia, Karwacki, Robert L. (retired, specially assigned), JJ.

Opinion by Cathell, J. Concurring opinion by Raker, J. Filed: August 16, 2001

Prologue We initially note that these are cases of first impression for this Court. For that matter, precious few courts in the United States have addressed the issues presented in the cases at bar.1 In respect to nontherapeutic research using minors, it has been noted that "consent to Robert J. Katerberg,

research has been virtually unanalyzed by courts and legislatures."

Institutional Review Boards, Research on Children, and Informed Consent of Parents: Walking the Tightrope Between Encouraging Vital Experimentation and Protecting Subjects' Rights, 24 J.C. & U.L. 545, 562, quoting National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, Report and Recommendations [National Commission]: Research Involving Children 79-80 (1977). statement remains as accurate now as it was in 1977. In these present cases, a prestigious research institute, associated with Johns Hopkins University, based on this record, created a nontherapeutic research program2 whereby it required certain classes of homes to have only partial lead paint abatement modifications performed, and in at least some instances, including at least one of the cases at bar, arranged Our research reveals this

We note that we have found only one case fairly close on one point we address later; that being a New York case that we discuss in the main body of our opinion. At least to the extent that commercial profit motives are not implicated, therapeutic research's purpose is to directly help or aid a patient who is suffering from a health condition the objectives of the research are designed to address

Download Grimes v. Kennedy Krieger.pdf

Maryland Law