Tivoli v. United States
United States District Court for the Southern District of New York
1996 WL 1056005 (1996)
- Written by Mary Phelan D'Isa, JD
Facts
Laura Tivoli (plaintiff) was diagnosed with Cushings Syndrome, a disease of the endocrine system, and was referred to the National Institutes of Health (NIH) Clinical Center for evaluation and treatment. Every patient at the NIH Clinical Center is admitted to one or more studies that are overseen by the Institutional Review Board (IRB) of the NIH. Tivoli underwent an experimental procedure—an Inferior Petrosal Sinus Sampling (IPSS)—to confirm her diagnosis and the location of a tumor on her pituitary gland. The IPSS was performed without getting NIH and IRB required informed consent, and Tivoli suffered a stroke that left her crippled and disfigured. Tivoli sued the physicians and the NIH for failing to get her required informed consent prior to the IPSS procedure.
Rule of Law
Issue
Holding and Reasoning (Fox, J.)
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