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Tuesday
11Dec2007

Psst... Wanna Buy a Kidney?

The Economist published this editorial last week, supporting the introduction of market forces to encourage living organ donation. Unlike our own country's leading newspapers and newsmagazines, The Economist does not simply endorse tepid organ donation awareness programs and utopian government intercession to solve the organ shortage, but rationally argues:
most countries are sticking with the worst of all policy options. Governments place the onus on their citizens to volunteer organs. A few European countries, including Spain, manage to push up supply a bit by presuming citizens' consent to having their organs transplanted when they die unless they specify otherwise. Whether or not such presumed consent is morally right, it does not solve the supply problem, in Spain or elsewhere. On the other hand, if just 0.06% of healthy Americans aged between 19 and 65 parted with one kidney, the country would have no waiting list.

The way to encourage this is to legalise the sale of kidneys.
Addressing those who continue to oppose the introduction of any incentives, The Economist concludes:
Instinct often trumps logic. Sometimes that's right. But in this case, the instinct that selling bits of oneself is wrong leads to many premature deaths and much suffering. The logical answer, in this case, is the humane one.
Monday
12Nov2007

Transplant Tourism Revisited

Debra Saunders writes in her column today, provocatively titled American Vampire, about the admittedly repugnant practice of transplant tourism.

In a nifty piece of anecdotal journalism which I thought reserved exclusively for global warming alarmists and perpetually aggrieved race hustlers Saunders captures the ethical depravity of incentive-based organ donation by relating the story of an Indian kidney donor who did not receive the compensation promised for her organ donation.

Of course the only conclusion that can be drawn from an unfulfilled contract is... forcibly prohibit all such contracts and turn over all contract oversight to the federal government, whose renown for efficiency, compassion and success is voluminously documented.

Support for her position comes from the apparently confused bioethical nudge, Art Caplan, who equates the voluntary agreement to sell a life-saving organ with mob-enforced collection efforts. How he makes this leap is unclear, but it makes for great (though incoherent) copy.

Naturally, Caplan derides the process as unethical, though both he and Saunders ignore entirely the ethical propriety of a program that allows thousands of people to die, and tens of thousands to linger while waiting for an independently donated organ transplant that is increasingly unlikely to become available. 

The transplant tourism business is deplorable - especially in China, where organs are taken from executed prisoners - but nowhere does Saunders explore the underlying UNOS failures that have compelled desperate Americans to seek alternative life-saving treatments. If we solved our own problems with the introduction of incentives to spur organ donations, the transplant tourism business would disappear. 

Saturday
14Jul2007

Can the NKF Give Us a Break?

John Stossel is one of the few broadcast journalists who examines healthcare and science issues with a critical eye, refusing to blindly accept institutionally promoted, conventional wisdom that is so frequently misrepresented, misinterpreted or just plain wrong.

In his online column this week, Stossel examines the plight of those waiting on the kidney transplant list, focusing on several individuals who are languishing on dialysis because they are forbidden from soliciting and compensating a living donor.

Highlighting the insensate response of the typical NKF bureaucrat,
Dr. Brian Pereira, former president of the National Kidney Foundation, told me he empathized with (the patient's) need. "The good news," he said, "is that this person can continue on dialysis under the current system, which functions extremely well."
I'll bet there are about 67,000 kidney patients who would take exception with Pereira's claim that the current system "functions extremely well." Will he express some increased concern and urgency when we see 30, 40 or 50 people dying each day from the lack of available kidneys?

Taking issue with those anointed experts who believe it is their responsibility to protect those vulnerable to "exploitation" Stossel continues:
But what gives us the right to decide for them? No one forced them. They wanted the $1,000 more than they wanted two kidneys. To say the poor are too desperate to resist a dangerous temptation is patronizing. Poor people are entitled to run their own lives, too.

Steve posted an ad online, and soon people from all over the world were calling to sell him a kidney. Pereira says sternly, "That's where we have to step in." >

No, doctor, that's where you have to step aside. Like many anointed experts, Dr. Pereira thinks he and others like him -- "the government, the professional societies who help the government make the right policies" -- have to make our decisions for us. But that conceit condemns people to suffer and die -- as Steve Rivkin did.

Friday
29Dec2006

Whose Kidney is it Anyway?

Whose Kidney is it Anyway? The New York Court of Appeals issued a ruling last week on an extraordinary case involving the directed donation of a kidney that went horribly wrong.

As the New York Sun reported today:

The case decided yesterday involves two childhood friends from the Bronx. When one of them, died of a stroke on Long Island in 2002, his widow donated his kidneys to the other, Robert Colavito, who was ill with renal disease in Florida. One kidney made it to Colavito, but a doctor found that it was damaged, according to court documents. When Colavito asked for the second kidney, he was told it had already been transplanted into another person.
Colavito filed suit against the New York Organ Donor Network demanding $60 million for his loss of the second kidney, but the Court of Appeals dismissed his claim, deciding that he had no right to the kidney.

The Court decided against Colavito largely because it turned out that the donor's kidneys were medically incompatible with Colavito and were, therefore, of no value. But the decision is worth reading for the historical context that led to the judges' conclusion that property rights cannot be assigned to one's organs. Referencing precedents that dealt exclusively with improper autopsy or disposal of a corpse, the Court concluded:
Considering, however, that the "no property right" jurisprudence was developed long before the age of transplants and other medical advances, we need not identify or forecast the circumstances in which someone may conceivably have actionable rights in the body or organ of a deceased person. For purposes of this case it is enough to say, in answer to the first part of the first certified question, that plaintiff, as a specified donee of an incompatible kidney, has no common law right to the organ.
Left unresolved, of course, is the question: Who does have property rights over the kidneys in question? (anyone willing to bet how the NKF or UNOS answers that one?) The kidneys have value. Indeed, they have live saving value. But the court relies upon historical precedent dealing exclusively with emotional loss, failing to take into account the true value of the donor's life-saving organs.

The case would have been groundbreaking if the kidneys had been compatible with Colavito and he had suffered actual loss from the NYODN's decision to ship only one kidney to Florida. But it's not difficult to foretell a similar case occurring soon that results in a fight over a compatible kidney that was meant for a directed recipient but sent somewhere else. I know that if it were meant for me, I'd be fighting to claim it too.

Sunday
10Dec2006

I'm Gonna Make Him an Offer He Can't Refuse

James Taylor, the author of Stakes and Kidneys: Why Markets In Human Body Parts are Morally Imperative (which, by the way, makes a wonderful and thoughtful stocking stuffer), published an essay in this month's Journal of Medical Ethics confronting the single most popular argument of those who oppose the introduction of incentives to increase living organ donation: the poor will be exploited.

Overlooking the paternalistic and insulting nature of this argument, Taylor writes:
Despite the initial plausibility of this argument, there are three reasons to reject it. Firstly, the advantages of legalising markets in human kidneys would probably outweigh its possible disadvantages. Secondly, if it is believed that no such coercion can ever be tolerated, markets in only those human kidneys that fail to do away with coercion should be condemned. Finally, if coercion is genuinely opposed, then legalising kidney markets should be supported rather than opposed, for more people would be coerced (ie, into not selling) were such markets to be prohibited.
What is ominous is the ease with which these obstructionist bioethicists go from saying that they don't like something to saying that the government should forbid it. They hold resolutely to their position despite a record of failure and pending disaster so blatant that only an intellectual could ignore or evade it.
Friday
08Dec2006

Baby Steps

Pinch me, I must be dreaming. The American Society of Transplant Surgeons, in conjunction with the University of Michigan, are preparing to test the effects of reimbursing organ donors for the financial hardship that they incur during the transplant process.
The American Society of Transplant Surgeons (ASTS) and the University of Michigan (UM) are pleased to announce the receipt of a major grant from the Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services. The 4-year grant will provide reimbursement of travel expenses and subsistence costs for living organ donors, removing an important financial disincentive to living organ donation.

As part of the ASTS Mission to “increase organ donation”, the UM-ASTS project team will work closely with HRSA to develop an efficient nationwide system to identify potential live organ donors who face financial hardship in meeting travel and subsistence expenses associated with the process of evaluation and undergoing live organ donation procedures.
It's rare that I see the transplant bureaucracies pursue common sense initiatives to increase the number of living donors, and I applaud them for their efforts here. According to their press release, they believe that offsetting the costs of travel, lodging and other expenses, they may increase the total number of living donors by 800-1000 per year. Not enough, but it's a positive start.

Here's a thought... if it's okay to pay for travel expenses, is it also okay to pay for lost wages? If it's okay to pay for travel and lost wages, is it okay to pay for future health care and monitoring? If it's okay to pay for travel, lost wages and health care, why can't we just go ahead and compensate the donor for the risk they undertake and reward them for their life-saving gift? I'm sure there's a bioethicist out there somewhere itching to celebrate this incoherence.

Tuesday
05Dec2006

The Beneficence of Government Monopolies

Whatever would we do without the thoughtful, caring and beneficent monopolists regulating our pursuits of life-saving procedures? Recognizing that some dialysis patients were taking the initiative to secure transplants overseas rather than linger and die on the transplant waiting list, the US and the UK have pressured China to stop providing transplants to foreign patients.

In this article published in yesterday's New Scientist, UK surgeon Kevin Rigg describes China's decision as "very encouraging."

Encouraging to whom? To patients in the US who currently wait five years for a transplant? Nope. How about patients in the UK, where they perform less than half as many transplants per capita as the US? Nope. Perhaps then the government sponsored transplant monopolies in the US and UK. Ladies and gentlemen, I think we have a winner.
Sunday
26Nov2006

What Do You Call 500 Bioethicists Chained Together at the Bottom of the Sea?

Can anyone out there save us from the scourge of the modern bioethicist? Take Arthur Caplan. Please. The University of Pennsylvania bioethicist surfaced this weekend to fulminate against a selfless act of generosity detailed in this article in the San Jose Mercury News.

Matt Thompson, a young Christian man heard of an aging Jewish physicist who desperately needed a kidney. Believing that it was the Christian thing to do, he volunteered one of his kidneys to save the physicist's life. Matt's reward? His offer was refused by the transplant center that insisted that Matt relationship with the physicist was not sufficiently close. Better to let a patient linger and die on the transplant waiting list than accept an organ from an informed, charitable soul. How's that for bioethics?

Commenting on Matt's attempt to offer a life-saving kidney, Arthur Caplan explained that "it's dangerous enough that medicine says, you ought to care about the person to justify it. The consensus is that ethically, you don't force relationships, you work with them as they present themselves. You check them to see if they're real."

I'd love to see the official, Caplan-endorsed relationship questionnaire that would accurately determine sufficient relationship reality between organ donor and recipient. Will the donor have to know the recipient's astrological sign? Favorite romantic comedy? How they take their coffee? And does it really make a difference?

If a friend is acceptable, how about an acquaintance? A colleague? A fraternity brother? A congegationist? A golf buddy? (and how many rounds a year are necessary for him to be considered a golf buddy, not just a guy in my foursome?) Thank God that I have Mr. Caplan available to guide me in my relationship reality evaluation. Otherwise I might just accept any life-saving kidney offered by a good samaritan.

What's missing from Caplan's dissection is the recognition of the harm done by refusing donations from any voluntary living donor. Lives are lost. Thousands of lives each year. Each one unnecessarily lost because people like Caplan enjoy debating the ethical pieties of living organ donation rather than propose and promote real world solutions to the organ shortage.

Caplan has years of experience in transplant obstructionism. He takes personal credit for the hastily approved National Organ Tranpslant Act, whose unintended consequences have contributed to over 6700 deaths each year. He gets to live without assuming any personal responsibility or repercussions for the suffering he's caused. 98,000 people waiting for organs just want the same chance to live.

BTW... the answer to the headline: a good start.
Tuesday
14Nov2006

Organs For Sale

The American Enterprise Institute launched a new magazine today called The American. The introductory issue contains a fascinating combination of articles, but none more compelling than Dr. Sally Satel's Organs For Sale.

Writing the article that I wish I could have written, our favorite AEI Resident Scholar (and kidney transplant recipient) neatly encapsulates the state of the current organ shortage, the lunacy of relying solely upon altruism to secure transplant organs, the organizational inertia that defines the transplant bureaucracies, and the costs, in dollars and personal health, of continuing dialysis treatments for 69,000 patients.

The solution to this tragic mess?
The best answer is by creating a market arrangement to exist in parallel with altruistic giving. Within such a framework, any medical center or physician who objects to the practice of compensating donors can simply opt out of performing transplants that use such organs. Recipients on the list are free to turn down a paid-for organ and wait for one given altruistically. Choice for all—donors, recipients, and physicians—is enhanced. And it is choice in the greater service of diminishing sickness and death.
Sally deals convincingly with the opposition's usual suspects: donors will be exploited, incentives won't attract more donors, money would taint the purity of the current system and we will be commodifying the human body. She quotes from transplant surgeon and UNOS board member Dr. Benjamin Hippen that “The current system has degenerated into an equal opportunity to die on the waiting list.”

She then offers four specific solutions that could resolve the current organ shortage, dealing with both living donors and deceased donors. Each of these solutions introduces market incentives to attract more donors and save thousands of lives each year. They are carefully thought out, reasonable and promise levels of success that are unattainable by our current system. And as Sally concludes:
There is no denying the political and practical challenges that come with introducing payment into a 20-year-old scheme built on the premise that generosity is the only legitimate motive for giving. Yet as death and suffering mount, constructing a market-based incentive program to increase the supply of transplantable organs has become a moral imperative. Its architects must give serious consideration to principled reservations and to concerns about donor safety, but repugnance and caution are not in themselves arguments against innovation. They are only reasons for vigilance and care.
Tuesday
07Nov2006

Organ Rationing- Coming to a Transplant Center Near You

Scary stuff. The LA Times follows up last month's scathing critique of UNOS' lax oversight of the nation's transplant centers with a lengthy article detailing the capriciousness of UNOS' current organ allocation procedures.

UNOS, and the assorted transplant centers, have to make extraordinarily difficult decisions in determining who should receive available cadaver organs. Decisions that mean life or death to about 80 patients every single day. Multiple criteria are weighed: age, race, health, body mass index, diagnosis, years on dialysis. And then one lucky lottery winner is selected from more than 68,000 transplant ticket holders.

As the transplant waiting list continues to grow, the problems are getting worse:
Now the network is drafting a kidney allocation scheme for adults, who account for more than 95% of transplants using kidneys from cadavers. A formal proposal and public hearings are expected next year. The final decision will rest with the U.S. Health Resources and Services Administration.

The reexamination is largely based on a computer analysis of data on more than 300,000 patients placed on kidney waiting lists since 1987 — including age, race, health, body mass index, diagnosis, years on dialysis and years of survival after transplant.

The analysis shows which types of recipients should be favored in order to squeeze the maximum life out of the pool of all available kidneys.

Without a change, proponents say, the current system is headed for collapse.

The last line is key. The current system is headed for collapse. Is that a surprise? Of course not. The scope of this crisis has been predicted for years. Anyone who can read a line graph could have predicted this. And UNOS has done nothing substantive to respond to the escalating crisis.

The current system relies upon organs from deceased donors. There are simply not enough organs from deceased donors to go around. There never will be. We know that. UNOS knows that. Every transplant surgeon in the country knows that. So where does UNOS focus their efforts? Not on attracting living donors. Nope, that would be a logical and potentially effective strategy. Instead UNOS focuses all their increased efforts on attracting a diminishing number of organs from deceased donors.

Too old? Too bad. Waiting for four years? I hope you can make it to five. Got diabetes? Good luck to you. You'll need it.