Ownership stakes

Science: Lawsuit tests how far companies can go in patenting our genes | Daniel James Devine

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Single mom Lisbeth Ceriani lives just outside of Boston with her 8-year-old daughter. When Ceriani discovered in May 2008 that she had cancer in both breasts, she agreed to a double mastectomy. Because some women who develop breast cancer also have a propensity for ovarian cancer, Ceriani's oncologist advised her to have her DNA tested—specifically, her BRCA1 and BRCA2 genes, telltale markers for cancer susceptibility. But the company that provided the testing, Myriad Genetics, wouldn't accept her Medicaid insurance. At around $3,000, the test was too expensive for Ceriani to pay up front.

Genae Girard, 39, was diagnosed with breast cancer in 2006 and subsequently had her BRCA genes tested by Myriad. The results showed she had a harmful mutation on her BRCA2 gene, multiplying her ovarian cancer risk. Before taking preventive action, perhaps by having her ovaries surgically removed, Girard wanted a second opinion. She found she couldn't get one: Her BRCA genes—just like everyone else's—have been patented, and Myriad holds an exclusive right to test them.

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