Lawsuits settled over alleged misuse of Arizona Indian tribe’s blood samples

Lawsuits over Arizona tribe blood samples settled

PHOENIX — An Arizona Indian tribe settled lawsuits alleging university scientists misused blood samples meant for diabetes research to study schizophrenia, inbreeding and ancient population migration, officials said Wednesday.

The Havasupai claimed that Arizona State University conducted the additional research without permission, invading tribal members’ privacy, betraying the tribe’s trust and misrepresenting what researchers had done with blood samples and subsequent research results.

The settlement, which includes a lump $700,000 payment to the 41 plaintiffs, was approved Tuesday by the Legislature’s Joint Legislative Budget Committee.

“We’re very pleased with the amount of the settlement,” said attorney Stephen Hanlon, who represents tribal members. “It’s a significant monetary settlement in a case in which no physical harm is claimed.”

ASU also will return the blood samples to the tribe and help the tribe seek third-party funding to build a new health clinic and high school on the isolated village that lies deep in a gorge off the Grand Canyon.

“As we see it, this settlement is far more than dismissing a lawsuit,” said tribal Chairwoman Bernadine Jones in a news release Wednesday. “The settlement is the restoration of hope for my people, and the beginning of nation building for my tribe.”

The cases stem from research conducted with blood samples taken from more than 200 tribal members for diabetes research in the 1990s. The research, requested by a tribal member, concluded that diabetes among Havasupai was not related to genetics.

But researchers also used the blood samples for research into other diseases.

Tribal officials complained in 2003 after learning of the additional research and filed lawsuits after they weren’t satisfied when they met with university representatives.

The tribe had asked for $50 million in its pre-litigation claim. The claim for individuals who filed the other separate lawsuit sought $10 million.

Attorneys for the university system and individual researchers argued that tribal members supplied the blood samples voluntarily and that there was legitimate public interest in data that can advance disease research.

Eds: CORRECTS that ASU will help the tribe seek third-party funding for building projects.