Many women have credited a genetic test with saving their lives. A simple blood sample can determine whether a woman carries a gene that's linked to breast and ovarian cancer.
That same test has led to a landmark lawsuit in the realm of biotechnology, as several breast cancer survivors along with the American Civil Liberties Union take Myriad Genetics to court.
Genae Girard was diagnosed with breast cancer in July 2006.
"It was just like time stood still, really," Girard said. "It was very stressful, and at the time of diagnosis you have no idea what you're about to go through."
Girard decided to take the genetic test for breast cancer right after her lumpectomy. She tested positive for one of the genes called BRCA-2.
"It was very stressful. I was 37 at the time, so I had to make some strong decisions about whether or not children were in my future," Girard said.
She wanted to be sure that test result was right.
"I asked my doctor if it would be advantageous to go ahead and get a second opinion on my BRCA-testing because it was such an important decision-making tool for me,” she said. “And he said well, there's only one company that does it."
Utah-based Myriad Genetics and Laboratories currently holds the patent on the genes BRCA-1 and BRCA-2. It's also responsible for administering the test.
"I was quite angry because I know mistakes can be made, and mistakes are made frequently in laboratories. Even though I believe the company [that] runs the test is a reputable company. I still thought it would be in my best interest, basing so many life decisions on this, to try to get a second opinion, but I was unable to," she said.
That's what spelled a lawsuit against Myriad. Girard joined other breast cancer survivors, medical professionals and the American Civil Liberties Union in taking Myriad and the U.S. Patent Office to court. We asked our local ACLU to explain why the organization got involved.
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Lawsuit
News 8's Crestina Chavez shows one local woman's landmark fight against Myriad Genetics.
 
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"Patent and trademark research and the ability to patent and monopolize an idea is [the] bedrock [of] ACLU issues and first amendment issues," ACLU of Texas Legal Director, Lisa Graybill, said.
The ACLU argues that not only are genes un-patentable but gene patents also cause harm to patients by stifling innovation and competition. They also argue that such patents impede access to information necessary for informed medical decision-making.
"We're continually challenged to apply the constitution and the laws of the United States to emerging technology and changing capacity but at the same time, it's really a very basic fundamental idea. The idea that no one, no company, can own a part of someone else's body is a very basic [idea], really," Graybill said.
News 8 called Myriad and was told they couldn’t comment on the case. However, in a CNN interview with Myriad's general counsel back in May, Richard Marsh said, "We do intend to vigorously defend our intellectual property rights."
Girard found out the wheels of justice don't move so swiftly. Myriad filed a motion to dismiss the case, and the ACLU filed a motion for summary judgment. Both cases are pending a judge's decision.
Based on that one test, without that second opinion, Girard had her ovaries removed and a double mastectomy to reduce the risk of recurrence.
"You have to do certain things to protect the rest of you the best you can. It is difficult, because it changes a lot about what you feel makes you a woman, in a lot of ways. But, having to base all those decisions on one test is quite frightening," Girard said.
Girard is one woman who knows how to face fear, she teaches classes for business leaders and support groups: a lesson in taking on the stress and anxiety of breast cancer.
"I'm trying to give back," she said.
