CRISPR/Cas-9 Technologies: A Call for a New Form of Tort

Author(s)

Kendall Lovell

Details

Faculty editor: Michael Ramsey
Publication: International Law Journal
Volume: 19
Issue: 2
Start Page: 407
Month: May
Year: 2018
Type: Comment
Subject Area: International Law
Instititional Repository (IR) location of full article: http://digital.sandiego.edu/ilj

Abstract

Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs and sets expectations for how to handle these injuries in the right way, promulgating the goals of tort law.