GRIMES v. KENNEDY KRIEGER INSTITUTE, INC.

Nos. 128, 129, Sept. Term, 2000.

782 A.2d 807 (2001)

366 Md. 29

Ericka GRIMES v. KENNEDY KRIEGER INSTITUTE, INC. Myron Higgins, a minor, etc., et al., v. Kennedy Krieger Institute, Inc.

Court of Appeals of Maryland.

Reconsideration Denied October 11, 2001.


Attorney(s) appearing for the Case

Kenneth W. Strong, Baltimore, for appellant, in No. 128, Sept. Term, 2000.

Suzanne C. Shapiro (Saul E. Kerpelman & Associates, P.A., on brief), Baltimore, for appellants, in No. 129, Sept. Term, 2000.

Michael I. Joseph (S. Allen Adelman and Susan B. Boyce of Godard, West, Adelman, Sheff & Smith, LLC, on brief), Rockville, for appellees.

Deborah Thompson Eisenberg, Marc E. Steinberg, Tara Andrews, Baltimore, brief of the Public Justice Center, the National Health Law Program, and the East Harbor Village Center for appellants, amici curiae.

Angus R. Everton, Morgan Shelsby Carlo Downs & Everton, P.A., Hunt Valley, brief of the National Center for Lead-Safe Housing for appellees, amicus curiae.

Shale D. Stiller, George A. Nilson, William L. Reynolds and Evelyn W. Pasquier of Piper, Marbury, Rudnick & Wolfe, LLP, Baltimore; S. Allan Adelman and Michael I. Joseph of Godard, West, Adelman, Sheff and Smith, LLC, Rockville, for appellee, on reconsideration.

C. Christopher Brown of Brown, Goldstein and Levy, LLP, Baltimore, for National Center for Lead-Safe Housing, on reconsideration.

J. Joseph Curran, Jr., Attorney General of Maryland and Jack Schwartz, Assistant Attorney General of Maryland for University of Maryland Baltimore, on reconsideration.

Deborah Thompson Eisenberg and Marc Steinberg, Baltimore, for Public Justice Center, on reconsideration.

Ralph S. Tyler and Joseph H. Young of Hogan & Hartson, LLP, Baltimore, for American Medical Colleges, Association of American Universities, Johns Hopkins University and University of Maryland Medical System Corp., on reconsideration.

Vera Hassner Sharav of New York, NY, and Howard Fishman, Philadelphia, PA, for Alliance for Human Research Protection, on reconsideration.

Argued before ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and ROBERT L. KARWACKI (retired, specially assigned), JJ.


CATHELL, Judge.

Prologue

We initially note that these are cases of first impression for this Court. For that matter, precious few courts in the United States have addressed the issues presented in the cases at bar.1 In respect to nontherapeutic research using minors, it has been noted that "consent to research has been virtually unanalyzed by courts and legislatures." Robert J. Katerberg...

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