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Should fiscal capacity, as well as age and co-morbidities of the recipient, be the only criteria for an organ transplant?

From:
http://abcnews.go.com/Health/Wellness/organ-donation-younger-patients-kidneys/story?id=12992027&page=1

The United Network for Organ Sharing (UNOS) -- the organization charged with allocating the nation's organs in the United States, is inviting public consultation on a policy change for organ transplants.
Currently, those at the top of an 87,000-strong waiting list are next in line for a matched kidney -- regardless of age and health status.
The proposed change, which was released as a concept document Feb. 16 for public comment, would reserve 20 percent of donor organs for those receipients expected to live the longest after a transplant, and the remaining 80 percent for recipients age-matched to within 15 years of the donor.

"This would reduce the possibility that a candidate reasonably expected to live ten more years receives a kidney that may function for 40 years, or conversely that a candidate reasonably expected to live 40 more years receives a kidney that may function for only ten," Anne Paschke a spokeswoman for UNOS, said in a statement.

Only 17,000 Americans receive a transplant each year, and more than 4,600 die waiting.
asked Feb 25, 2011 at 09:11AM in General Medicine
  • Clarification: fiscal capacity of governments and health care entities providing funding for organ transplants; also, ability to pay for a transplant by a recipient (which is not in the article provided, but also may affect who gets a transplant, if not covered by public funding)
    Kim M Robinson commented Feb 25, 2011 at 09:16AM
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  • 4
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    answered Feb 26, 2011 at 06:06AM
    Best Answer
    The question posed is not merely what criteria should be used to decide upon who should be first in line for a compatible organ, but also how do we place a value upon each life. Is the life of someone with a life expectancy of only ten more years less valuable than that of someone who may live another thirty? What about their accomplishments? Would an elderly Albert Einstein be higher on the list than a younger man living on the streets?

    There are no good, or even universally acceptable answers to these questions but, since decisions need to be made about the disposition of these valuable resources (at least until we can clone our own organs for transplant), I believe there should be at least four factors to be considered when assigning organs for transplant.

    First, I would agree that age is a factor. While I would want a transplant at eighty or ninety years old, it would be more reasonable for the organ to go to someone who had a much longer life expectancy. This is no different than the concept economists discuss when they speak about the "time value of money." The longer the transplanted organ remains functional in someone, the more value it has, so transplanting an organ into a younger person would give it greater value to society.

    Second, age matching organs is a good concept, but one that would be impractical in its application. If I needed a transplant and would have a thirty year life expectancy with it and a short time left without it, I would not want it to go to someone else because the organ had a shorter life expectancy than I did. Not only would this contradict the intention of the first criterion (age of the recipient), but neglect the concept that even if I am only given another ten years,there will be a great deal of research that occurs in those years that may allow me to live much longer despite my aging transplanted organ.

    Third, co-morbidity must be considered. Since organs are at a premium, whoever they are transplanted into must have the best chance of the transplant being successful and of living a reasonable time with it. I'm not sure how I would make the judgment as to which co-morbidities are disqualifying except for statistical analysis, but it must be made.

    Finally, I believe there should be a third factor that should be a nearly absolute "deal breaker." Only those who are organ donors should be allowed to be organ recipients. The donation of an organ when you are dead is not even a selfless act, it is simply giving someone else a chance to live with an organ you no longer need. Anyone who is unwilling to allow their organs to be used for transplant should not get the benefit of someone else's generosity. NO DONOR, NO TRANSPLANT.
    • Thank you for your excellent insights. I became an organ donor several months ago, and am healthy, so genuinely hope that my death can benefit others as my life has, if I may be so blunt.
      Kim M Robinson commented Feb 26, 2011 at 09:03AM
    • The issue of social worth in the allocation of scarce resources was discussed extensively and with valuable insights originally on my now inactive "Bioethics Discussion Pages" which I subsequently transferred to my active ethics blog:
      http://bioethicsdiscussion.blogspot.com/2006/03/social-worth-in-allocation-of-scarce.html#comments
      You may want to read my visitors comments as they are pertinent to the discussion here. ..Maurice.
      Maurice Bernstein MD commented Feb 26, 2011 at 03:22PM
  • 2
    Votes
    answered Feb 26, 2011 at 12:59PM
    How about a lottery?!
    The discussion about age, duration of organ life and social value of the recipient all have to do I suspect with what might be called "best use" Are there too few organs for transplant available to make a lottery to provide a replacement organ for those in need an ethical and effective alternative? In other words, would "best use" of the limited organs available be impossible to attain by lottery? On the other hand, maybe because of our ignorance of how to predict or quantitate the value of all the components involved in "best use" for any specific patient (as suggested by Eric) perhaps we should not worry about that in the consideration of a lottery. ..Maurice.
  • 1
    Votes
    answered Feb 27, 2011 at 09:50AM
    It is an interesting argument, if one can say that an "organ lottery" would remove the ethical dilemma of placing relative value on human life.
    When I saw the news report on ABC about this issue, a middle aged mother was interviewed, someone who would likely not fit the criteria as described in the proposed changes.
    Nevertheless, she made the point that children, be it children needing transplants or children who will not be made orphans by an older parent getting a transplant, should be the first consideration.
    So should "collateral impact" of who gets an organ transplant also be considered?
  • 1
    Votes
    answered Feb 27, 2011 at 10:21AM
    Oh Kim, if we start with the "collateral impact" we get back into the issue of "social worth" of a prospective recipient of an organ. Is an adult who can do important things now be more socially worthy to obtain an organ than a child who could do important things later? Does the social impact of the occurrence of an orphan child demand that the parent be given an organ to stay alive? An "organ lottery" would eliminate this dilemma. ..Maurice.
  • 0
    Votes
    answered Feb 27, 2011 at 10:25AM
    Do organ transplant lotteries exist anywhere in the world today? If so, do they work, and if not, why not? The mother's argument isn't mine, but I thought it interesting to mention.....
  • 2
    Votes
    answered Feb 27, 2011 at 10:45AM
    Dr. Shore has posted some very interesting points on this issue. As a physician, Dr. Shore is far more informed about the medical aspect of organ acceptance and rejection than myself. Yet even with my lack of medical knowledge, I understand and agree that the organ should go to the person who has the best match and chance of acceptance. To do otherwise would be wasteful of such a valuable resource.

    However, I have some very different opinions on the criteria used in the decision process, some of which have been pointed out previously, but I don't believe was given the fullest consideration.

    I realize the economical comparisons that we would want the organ to perform for as long as potentially possible, but if we consider the potential life of the organ in relation to the age of the recipient as a condition we have stepped onto a slippery slope. For example, if a child of seventeen receives an organ with the life expectancy of forty years (please accept the example, I'm not aware of the mean value for transplant organs viability) instead of an seventy five year old person - we cannot ensure the seventeen year old will use the potential years better than the older candidate. What if the younger person commits murder ten years later and is sentenced to death which is carried out ten years after conviction. The organ that once had the potential life expectancy of forty years has lasted only twenty and has enabled the younger recipient to take a life. Perhaps it is not that extreme and our young recipient dies in an accident of some sort only two short years after receiving the transplant? What if none of the above occurs, can we say that the younger recipient will live out their years happier and in a more productive way (either personally or for society) than the older recipient would have been with their remaining years.

    We can not see the possible futures of the recipients and for me this is the biggest concern I have using using age as a criteria, and why I do not believe recipient age should be a consideration. Obviously we would need to calculate the age of the recipient and age of the organ, because we can't expect a heart of a twelve year old child to withstand the needs of a two hundred and fifty pound - sixty year old body, but other than those types of issues, I don't see age as fair qualifier.

    I've been considering if the health of the recipient should be considered, and if so, to what degree. Should a single parent who lost both kidneys be denied an organ because of brain tumors that are currently in remission, considering the known stresses the medications for both the tumors and the transplant will put on the new kidneys? What if this parent is denied and another person who is granted the organ rejects it because it was a better match for the parent than it was for them?

    Should someone, who hadn't really given organ donation a fair consideration be denied an organ because they hadn't done so? Definitely not, if that were the case we would be very short on young donors who were too excited (or maybe mortified at the photo) to take the two seconds and sign the back.

    Does that leave us with our current system? Perhaps, but changing a system that may not substantially address the situation in terms of need - to a system that is unfair is not an improvement. We've simply lost the devil of one detail for another.
    • Excellent points. It seems the current system will be changing, but to what, as you point out. There will still be huge ethical concerns....
      Kim M Robinson commented Feb 27, 2011 at 10:51AM
  • 0
    Votes
    answered Feb 27, 2011 at 10:53AM
    The idea of an organ lottery is almost too horrific to consider. I could see people playing the lottery that didn't need the organ, and starting a lottery of their own. I agree that there is simply not enough organs for the recipients in need and the chances that someone could win an organ that was not a match is too high. What would they do with the organ?
  • 1
    Votes
    answered Mar 04, 2011 at 09:48AM
    Allocation of available organs has been problematic since the general use of organ transplants to save lives and improve quality of life starting in 1970s. In the early days, the organs had to be used quickly, so matching criteria and within a local region were the main criteria. With the development of organ preservation solutions, airborne team of surgeon for organ collection and transport, the organ can be used on a national basis. Countries in Europe have organ availability guidelines depending mainly on the time on the waiting list and the seriousness of the patient condition. Priority is also given to patients in which the first transplant failed as the transplant team feels that it is their responsibility to give the patient a second chance. Irrespective of rules and guidelines, politicians, ministers, celebrities and influential leaders of the society/industry invariably go ahead in line and get priority in receiving organs. With increasing lifespans, any type of age limitation can be challenged in courts. Denying a matching organ to someone at 60-70 years of age expected to live up to 100 years and giving it to someone at 40 expected to live to 60 years is a very difficult decision. Taking the financial situation of the 2 organ receivers to decide will lead to the organ going to the highest bidder? Why not have the open Organ Bazar and start organ imports from China (executed prisoners), from countries ruled by dictators, India (donors selling their organs) etc. European countries which have passed laws of presumed consent have seen their organ availability increase 2-3 fold. Demand for organs will always be much higher than availability and the current system of distributions have served their purpose.
    • Astute commentary - and interesting that age is not a criteria in Europe. The financial "jump the queue" is likely to prevail everywhere, I suppose.
      Kim M Robinson commented Mar 04, 2011 at 01:16PM
  • 1
    Votes
    answered Mar 05, 2011 at 11:48PM
    Kim,

    Tom Starzl , the liver transplant pioneer and surgeon saved the life of a Saudi Arabian Prince by liver transplant. This was done at the University of Pittsburg Hospital in the early days of organ transplant and before any guidelines for organ sharing existed. The Saudi royals donated a few millions to the hospital as a sign of gratitude. The American media was very critical of Prof Starzl and his team that an American liver was used to save the life of a foreign Royal at the cost of a deserving local patient with liver failure.

    Tom Starzl new to media spotlight and scrutiny cracked and stated that the transplanted liver was not of a good quality for American patient. This generated more negative media stories: why transplant a poor quality organ even in a foreigner?

    Having learnt a lesson from this episode, Tom Starzl with other transplant pioneers like Norm Shumway (heart transplant pioneer) and John Murry (Nobel Prize for kidney transplant) started the United Network for Organ Sharing in the 1970s to formulate fair and ethical guidelines for organ sharing, criteria for organ matching and priority patients on the waiting list for transplants. The new French bioethics law does not allow any financial or commercial influence on the waiting list for organ transplant.

    United Network for Organ Sharing
    http://www.unos.org/
    http://www.ustransplant.org/pdf/Port_Trends_ROTSOT_07.pdf
    • Thanks. I hope the French bioethics law passes and perhaps leads the way for other such laws.
      Kim M Robinson commented Mar 06, 2011 at 08:55AM
  • 1
    Votes
    answered Mar 11, 2011 at 08:56PM
    Kim,

    The French bioethics law was voted by the parliament and now goes to the Senate and is likely to pass and signed into law by May 2011.
    • Glad to hear this, Krishan.. If you can spare the time, would you have a good link to the law, or at least a summary of it in English, you can post?
      Kim M Robinson commented Mar 12, 2011 at 09:05AM
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