The Havasupai Tribe is proceeding with a lawsuit against the Arizona Board of Regents that claims ASU and UA misused blood samples taken from tribal members for diabetes research.
The Havasupai are seeking $50 million in damages; several individual claims against the universities total $10 million. An Arizona court of appeals ruled Friday to allow the case to move forward after previous concerns about a lack of evidence. The case will now go to trial, though none of the parties knows when.
According to court documents, in the early 1990s some 200 Havasupai agreed to give blood samples to ASU researchers in order to study diabetes in the tribe.
The Havasupai suit claims the universities also used the blood samples to study additional diseases and publish papers based on the research the Havasupai had not agreed to. Additional research included studies on schizophrenia, inbreeding and the possibility of ancient migration from Asia.
The latter is contrary to the Havasupai belief that they originated in the Grand Canyon.
In court documents, attorneys for the Havasupai argue, “The conversion and improper use of these blood samples by ASU officials violates our clients’ privacy as well as their cultural, religious and legal rights.”
As a result, the Havasupai claim in court documents that many now fear seeking medical attention or having blood taken for medical diagnosis or treatment. Additionally, the Havasupai claim their religious beliefs have been violated.
“Our clients believe that ASU has misused their blood samples for unauthorized purposes causing them harm, extreme distress and emotional trauma,” attorneys for the Havasupai argue in court documents.
The suit was originally thrown out in July 2007 due to lack of evidence provided by the Havasupai to support the claims. However, in a 2-1 ruling Friday, the suit will now go to trial against ASU and UA, as well as the Arizona Board of Regents.
“The injury that naturally flows from the purported privacy invasions set forth in the tribe’s two notice-of-claim letters is necessarily subjective, deeply personal and may not be quantifiable except by a jury,” Judge Diane Johnsen said in her decision.
In court documents, the defendants claim the reason for the additional research was due to a legitimate interest and that the Havasupai gave the blood voluntarily.
UA officials declined to comment due to the pending litigation. ASU officials deferred to ABOR for comment.
Andrea C. Smiley, associate executive director of public affairs and external relations for ABOR, said the whole incident involved only good intentions from both sides.
“This is an unfortunate situation that involved the best of intentions from both the Havasupai people and the universities to identify the disease and ultimately to develop an effective treatment and assist in recovery,” Smiley said. “And our hope is that the suit can very soon come to a conclusion, we can all move forward and begin to rebuild relationships.”
Matthew Putesoy, the vice-chairman for the Havasupai tribe, said he hopes the tribe will find justice in the trial.
“We’re still moving forward with the case. The tribe is seeking justice and we will continue to fight the case to change the way some universities conduct research on Native American blood,” Putesoy said. “We have proof that ASU did steal our blood and conducted various other experiments with our blood, and we will be seeking justice.”
Reach the reporter at allison.gatlin@asu.edu.
