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letsdothis3 ago

2004: https://www.theguardian.com/society/2004/may/30/health.aids

Scientists from Oxford University 'stole the blood' of African orphans and brought it back to Britain to carry out 'unlawful' research into Aids.

This sensational claim is made by a leading Kenyan scientist whose lawyers will begin legal action this week against Oxford and one of its top researchers, Dr Sarah Rowland-Jones. He alleges her team stole blood he collected from HIV-infected orphans and used his data to publish their own research.

The row centres on an orphanage on the outskirts of the Kenyan capital, Nairobi, which some scientists hope holds the key to a future cure for Aids.

At the Nyumbani children's home, HIV-infected children rescued from the city's slums have survived for more than 10 years without medication. Their natural immunity has intrigued scientists around the world. Researchers believe the orphans' blood offers vital genetic clues that could lead to the holy grail of Aids research: an effective vaccine.

One case of particular interest to the scientists involves twin brothers. While one brother died after his HIV infection turned into Aids, the other is still alive and is now a healthy 21-year-old. Genetic data taken from the brothers is a crucial part of the race for a vaccine.

Dr Moses Otsyula, head of virology at Kenya's Institute of Primate Research, set up a diagnostic laboratory at the orphanage in 1997 to monitor the infected children. Over four years he collected 70 blood samples he believed could provide vital data. More than 70 per cent of children with HIV in Africa die before they are three, but several of the orphans at the Nyumbani were already in their teens.

Otsyula claims that while he was on a trip to Harvard University in 2001 to discuss possible US collaboration with his work, the Oxford researchers stole his blood samples from a freezer, removed crucial data from his computer and illegally brought it back to Oxford without permission. The Oxford team later published two research papers using information taken from these blood samples.

Otsyula told The Observer: 'It was my project, my time, my samples and my ideas. They came and just stole it all. That is completely unethical. I have been trying to reach an amicable solution with Oxford for the last three years but they have ignored my protests. That is why I have instructed my lawyers to sue Oxford University and Dr Rowland-Jones.'

He claims the Oxford team had not received permission from the orphanage board to take further blood samples which he alleges amounts to them using the children as 'guinea pigs'.

Otsyula has won the backing of government officials who have launched an investigation into the research carried out at the orphanage, run by a Jesuit priest, Father Angelo D'Agostino.

'They came to Africa and thought it was the jungle, but we have rules and ethics as well,' said Dr Mohammed Abdullah, chairman of Kenya's National Council for Science and Technology, a government body which has to approve research.

'It appears these scientists saw what they wanted and took it. I have great respect for Oxford but in this case they have acted very wrongly and need to take action.'

Rowland-Jones, who works at Oxford's Institute of Molecular Medicine, has defended her team's actions while admitting they made an 'inadvertent' error. She claimed they had received D'Agostino's permission for the research.

'We were invited to Nairobi by Otsyula to collaborate with the research and were led to believe by him we had full ethical approval to conduct the research,' she said. 'That was a big mistake as it clearly wasn't the case. At all times we acted in good faith but the mechanism for getting ethical approval wasn't entirely clear cut at the time. When we realised we made an error we applied for ethical approval for our work which was given in 2002.'

Rowland-Jones admitted this written approval did not cover the past research, but said she had been given a 'verbal' assurance that it did. She admits her team brought blood back to the UK but claims its members believed they had permission to do so.

Rowland-Jones's research is funded by the British government's Medical Research Council. It said in a statement: 'As qualified doctors and dedicated medical researchers, [the Oxford team] are committed to carrying out high quality research to save lives, to the highest ethical standards. We would not be associated in any way with work that exploits people, particularly vulnerable children living with HIV infection.

'We are entirely committed to the practice of medical research to international ethical standards and to the welfare of the children in Nyum bani orphanage. We also remain committed to carrying out approved research that will benefit these children and many others like them around the world.

'We remain in admiration of the home and Father D'Agostino and his dedicated staff. Nyumbani is a beacon of quality care for HIV-infected children and has been established entirely for compassionate reasons.'

It emerged last week that Cambridge University was also caught up in a row over Aids research at the Nyumbani children's home after Kenya's Sunday Nation newspaper reported that one of its scientists was visiting the orphanage. Dr Eric Miller, of the university's department of clinical veterinary medicine, has confirmed he was at the children's home doing preliminary work on a nutritional project.

'I can categorically state that no unauthorised research has been carried out. Our proposed research has not yet started. I have been working with a number of partners in the planning phase of a research programme investigating the benefit of certain food supplements on HIV progression,' Miller said.

The row over Aids research at the Nyumbani orphanage is the latest controversy over the way HIV-infected children are used in research. Last month The Observer revealed that the drugs giant GlaxoSmithkline used orphans at a New York children's home in experiments.