Human Embryonic Stem Cell Federal Injunction Information

Research > hESC Federal Injunction News

On Monday, August 23, 2010, a federal district judge issued a preliminary injunction to stop the NIH from applying the current Guidelines for Human Stem Cell Research or otherwise funding research involving human embryonic stem cells. It is important to keep in mind that the injunction is preliminary, which means that the case has not been decided on the merits, and the final outcome is unknown at this point. On Tuesday August 31, 2010, the Department of Justice filed an emergency motion to stay the preliminary injunction, arguing that it does substantial harm to ongoing research and the public and that this was not the intent of Congress in passing the Dickey-Wicker amendment. This motion to stay is currently being considered by the Court. At this point, the NIH has issued the following guidance to applicants and grantees describing their approach:

Current grantees: Those who have received their award already may continue their research, but these grants will not be renewed at the time of noncompetitive renewals. Thus, NIH will freeze the funds for the 22 grants due for annual renewal by September 30, 2010.
Grants in the review process: Initial peer review or recommended for consideration by the advisory council will be pulled from further consideration at this time.

It may be quite some time before we know the final outcome as the court must hear the case and decide it on the merits, at which point an appeal from either side is likely. However, there is a chance that the final decision in this case may end federal funding for all hESC research. The SCRMC is working with the Stem Cell Research Oversight (SCRO) Committee, the Graduate School, Legal Services, and the Office of Research and Sponsored Programs to address this challenge to important research.

Plans for segregating privately funded hESC research are being evaluated and opportunities to expand research at the WiCell Research Institute (contact Erik Forsberg, eforsberg@wicell.org) are under active development. Alternative bridge funds for disrupted grants are actively being sought. As new guidelines are available from the NIH and UW, these will be provided. Please contact Heather Mc Fadden, SCRO Manager, 608 890 2468, hnmcfadden@grad.wisc.edu for clarification.