Greenberg v. Miami Children's Hosp. Research Inst., Inc.,
No. 02-22244-CIV-MORENO (S.D. Fla., May 29, 2003)

A physician at a Miami hospital successfully isolated the gene that causes the fatal genetic disorder known as Canavan disease, using the body tissue and blood samples of voluntary donors. The physician obtained a patent for his discovery and the hospital began enforcing the patent through exclusive licensing agreements and royalty fees. The donors alleged that they provided the physician with samples and confidential information with the expectation that the results of the research would remain in the public domain to promote continued advancements and provide access to treatment.

The donors sought to enjoin the physician and hospital from enforcing their patent rights, claiming breach of informed consent, breach of fiduciary duty, unjust enrichment, fraudulent concealment, conversion, and misappropriation of trade secrets. The District Court for the Southern District of Florida dismissed the lack of informed consent claim because the duty does not cover a researcher's economic interests. The court dismissed the breach of fiduciary duty claim because there was no acceptance of trust by the physician, a necessary element. The court dismissed the fraudulent concealment claim because the donors did not satisfy the heightened pleading requirement for allegations of fraud. The court dismissed the conversion claim because Florida law does not provide a remedy for donations of body tissue and blood samples. Finally, the court dismissed the misappropriation of trade secrets claim because the facts did not suggest a misappropriation. The only claim that survived was the claim of unjust enrichment, because the elements were supported by a sufficient number of facts.