The Girls' Guide To The Economy Part 16.2--The Costly Ramifications Of Patenting Breast Cancer Genes

While most of us of know that women with the BRCA 1 and BRCA 2 gene mutations are at increased  risk of developing breast and ovarian cancer, what you might not  be aware of is that the patent for the BRCA 1 and BRCA2 genes are held by a company called Myriad Genetics.  Yes that is right, a privately held company can own a patent for for something in our bodies. To say that is way past creepy, not to mention an affront to human rights would be an understatement and the ramifications in terms of women’s health are very serious.

According to a press release from Breast Cancer Action,

Breast Cancer Action (BCA) is challenging the legality of patenting human “breast cancer genes.” BCA is joining the American Civil Liberties Union in suing Myriad Genetics (a private biotechnology company based in Utah), that currently holds the patent on the two human genes known as BRCA1 and BRCA2.

The BRCA1 and BRCA2 genes are present in every human. However, people with certain genetic mutations on these genes are at an increased risk of developing breast and ovarian cancer. Myriad holds exclusive rights to these genes and their mutations and to the research performed on them. Testing for the BRCA1 and BRCA2 mutations can only be performed at Myriad labs and currently costs over $3,000.

When one company controls all the testing, less information and resources are available to both patients and researchers. Women unable to afford the $3,500 fee are prevented from access to the test; women seeking second opinions on any results they might receive have nowhere to go; and women of African, Hispanic, or Asian decent are at a significant disadvantage because they disproportionately receive ambiguous results when tested by Myriad.

According to the New York Times, plaintiffs in the suit,

(A)rgue that BRCA testing would improve if market forces were allowed to work.

Harry Ostrer, director of the human genetics program at the New York University School of Medicine and a plaintiff in the case, said that many laboratories could perform the BRCA tests faster than Myriad, and for less money than the more than $3,000 the company charged.

According to Susan G. Komen for the Cure,

An estimated 182,460 new cases of invasive breast cancer are expected to occur among women in the U.S. in 2008.  An estimated 40,480 women will die. In addition to invasive breast cancer, 67,770 new cases of in situ breast cancer are expected to occur among women in 2008.

Of those, some 15% have family histories of breast cancer and thus might be assumed to be at risk of hereditary genetic issues.  So once again clicking on my handy dandy desktop calculator, if every one of the women at risk  paid for the $3500 it would enrich the Myriad coffers to the tune of   $95,791,500 every year.

No doubt not every woman would want to be tested, and in the  scheme of things this is chump change in the total picture when it comes to health care costs.   But it is yet another example of women’s health care being determined  by the way health care is regulated and funded.

Over the last several days the Feminist Peace Network blog has focused on some of the ways in which the current system of health care delivery and funding is detrimental to women’s lives. What is abundantly clear from these examples is that while how health care is paid for is something that needs to be re-structured, we also need to look at how the decisions are made regarding research as well as how care is delivered. Even more importantly, as we make those decisions, we need to keep in mind that these decisions have very gender-specific ramifications that need to be considered and addressed. As is the case with every public policy decision, to not do so will result in ineffective and quite possibly damaging choices that we can ill afford.