Fall 2012
Newsletter Section on Bioethics
1st Place Essay Contest Winner: The Complexity of Anonymity
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by Matthew Brothers, MD Hypertrophic cardiomyopathy (HCM) is the most common monogene c cardiovascular disease and the most common cause of sudden cardiac death in young people. (2) At least 11 genes have been implicated in causing the disease. (1) Advances in the molecular science of this gene cally complex disease,, coupled with advances in reproduc ve endocrinology, have the poten al create ethical dilemmas in clinical care and in the interpersonal rela onships among people in families that carry the gene. This case involves two families. The first is the family of John,, a 13‐year‐old healthy male recently diagnosed with HCM. John was born a er in vitro fer liza on of a donor oocyte with his father’s sperm. The second family is that of the oocyte donor, referred to as Mary, whose brother died from sudden cardiac death (SCD) and was later diagnosed with HCM in an autopsy. As is standard prac ce, immediate family members were urged to undergo gene c tes ng. Mary subsequently tested posi ve for HCM. Her son and daughter tested nega ve. At this me, Mary disclosed that she had previously donated oocytes. The fer lity clinic was no fied. They contacted John’s family to give them the informa on. That was five years ago. John went for gene c tes ng. He happened to go to the same clinic where Mary had her tes ng. An astute gene c counselor at the clinic where the HCM gene c tes ng was done
no ced that Mary had a rare muta on. The counselor recalled that John had also tested posi ve for the same gene with the same rare muta on. The counselor assumed with reasonable certainty that Mary was John’s gene c mother. Pa ents with HCM are stra fied by risk: “low” versus “high”. (3–5) John is classified as “low risk” based on the results of an exercise stress test,. However, the addi onal factor of a family history of premature sudden death raises his risk to “high” and he becomes a candidate for an implantable cardiac defibrillator (ICD). Currently, John’s family is unaware that SCD was detected in Mary’s family. They only know that John’s biologic Mom carries an HCM gene. The medical staff does not feel comfortable informing John’s family because the gene c rela onship has not been truly proven. Therefore, while John’s family believes he is “low risk”, the medical staff of the HCM clinic is following him as “high risk.” Should John be told that his biologic uncle died of sudden cardiac death and that he is, therefore, a high risk pa ent? Currently, the anonymity of gamete dona on is neither prohibited nor protected by law. (6), With the increased knowledge of this molecular science, it becomes ques onable to withhold informa on about ancestral and gene c origins as it becomes available. One op on is to tell John’s family about
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AAP 2012 NCE Ethics Meeting Planner
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From the Chair: The Ethics of Elective Heart Transplantation for Hypoplastic Left Heart Syndrome
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2012 William G. Bartholome Award for Ethical Excellence Recipient
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Ethical issues related to the impact of noncardiac congenital and genetic abnormalities
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Pregnant Women’s Informed Decision‐ Making for the Management of Hypoplastic Left Heart Syndrome:
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Hypoplastic Left Heart Syndrome: Current Con licts and Hope for a Brighter Tomorrow
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Hypoplastic Left Heart Syndrome and the Myths of Informed Consent
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Is Parent/Patient Education an Ethical Obligation?
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Beyond the Boundaries: Ethical Concerns in the Adoption of CCHD Screening
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Palliative care after prenatal diagnosis in severe hypoplastic left heart syndrome
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Book Reviews (Continued on page 2) 2nd Place Essay Winner
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Articles re lect the opinions of the authors and in some cases are not consistent with positions held by the American Academy of Pediatrics. Publishing these articles do not re lect endorsement by the Section. Copyright © 2012, American Academy of Pediatrics Section on Bioethics
1st Place Essay Contest Winner: The Complexity of Anonymity by Matthew Brothers, MD popula on of people will be found to his family history but maintain Mary’s have genes associated with treatable anonymity. But that might be diseases or preventable complica ons impossible. John may deduce that the of diseases. As ar ficial reproduc ve therapies come into more widespread other family was also followed in the use, dilemmas like the one in this care specialty HCM clinic. Would John benefit from knowing that his gene c will become more commonplace. The mother may have received care in the principles of bioethics may struggle to keep pace with the complexity of new same office? Should the physician make this choice for John? findings. The prac oner must con nue to struggle to provide pa ents with the most comprehensive care The principle of beneficence dictates that the medical team’s primary goal is reflec ng with the most accurate informa on and technology available to act in the best interest of John. By monitoring him as if he is high risk and at the me. protec ng him from the emo onal complexity of the exposure to the REFERENCES possible iden ty of his gene c mother, the prac oners believe that they are 1. Maron BJ, Maron MS, Semsarian C. Gene cs of Hypertrophic Cardiomyopathy ac ng in John’s best interest. A er 20 Years: Clinical Perspec ves. Journal of the American College of Cardiology [Internet]. American College of Cardiology Could this all have been avoided by Founda on; 2012 Jun 27 [cited 2012 Jul be er preimplanta on gene c 27];xx(x). Available from: h p:// screening? Therein lies the complex linkinghub.elsevier.com/retrieve/pii/ take‐home lesson of this case. At the S0735109712015860 me of dona on, gene tes ng was 2. Maron BJ. Hypertrophic cardiomyopathy performed on the donated oocyte but and other causes of sudden cardiac death in young compe ve athletes, with the mul ple genes associated with considera ons for prepar cipa on HCM had not been iden fied.. As screening and criteria for disqualifica on. gene c tes ng evolves, a growing Cardiol Clin [Internet]. 2007/10/27 ed.
2007;25(3):399–414, vi. Available from: h p://www.ncbi.nlm.nih.gov/ pubmed/17961794
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McKenna WJ, Behr ER. Hypertrophic cardiomyopathy: management, risk stra fica on, and preven on of sudden death. Heart (Bri sh Cardiac Society) [Internet]. 2002 Feb;87(2):169–76. Available from: h p:// www.pubmedcentral.nih.gov/ ar clerender.fcgi? ar d=1767009&tool=pmcentrez&rendertyp e=abstract
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Maron BJ, Estes N a M, Maron MS, Almquist AK, Link MS, Udelson JE. Primary preven on of sudden death as a novel treatment strategy in hypertrophic cardiomyopathy. Circula on [Internet]. 2003 Jun 17 [cited 2012 Jul 26];107(23):2872–5. Available from: h p://www.ncbi.nlm.nih.gov/ pubmed/12814983
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Maron BJ, McKenna WJ, Danielson GK, Kappenberger LJ, Kuhn HJ, Seidman CE, et al. American College of Cardiology/ European Society of Cardiology Clinical Expert Consensus Document on Hypertrophic Cardiomyopathy. Journal of the American College of Cardiology. 2003;42(9):1687–713.
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Sauer JL. Compe ng interests and gamete dona on: the case for anonymity. Seton Hall law review [Internet]. 2009 Jan [cited 2012 Jul 26];39(3):919–54. Available from: h p://www.ncbi.nlm.nih.gov/ pubmed/19650254
SAVE THE DATE ‐ AAP NATIONAL CONFERENCE & EXHIBITION ETHICS MEETING PLANNER The 2012 Na onal Conference and Exhibi on (NCE) will take place October 20‐22 in New Orleans. Below are sessions sponsored by the Sec on on Bioethics. Hope to see you there! Saturday, October 20, 2012 Sec on Program with the Sec on on Cardiology and Cardiac Surgery (1:00 pm‐ 5:30 pm) Sunday, October 21, 2012 F2112 When Obesity is Medical Neglect (3:00 pm ‐3:45 pm) Monday, October 22, 2012 F3132 Rising to the Occasion: Strategies for Communica ng with Vaccine Hesitant Parents (8:30 am – 9:15 am and 5:00 pm ‐5:45 pm) Tuesday, October 23, 2012 S4033 Tweet This! Ethics and Social Media (8:30 am ‐10:00 am) F4073 Pediatricians Beware! Direct to Consumer Marke ng of Gene c Tes ng for Children (2:00 pm – 2:45 pm)
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Section on Bioethics
The perspectives within the articles reflect the opinion of the authors, and do not necessarily reflect the perspective of the Section or the AAP.
From the Chair: The Ethics of Elective Heart Transplantation for Hypoplastic Left Heart Syndrome by Lainie Friedman Ross, MD, PhD, FAAP about the new recommenda ons re‐ Dr Ross is the garding newborn screening for congeni‐ Carolyn and tal heart disease, a review of two popu‐ Ma hew Bucks- lar books on congenital heart disease, baum Professor as well as a personal reflec on by Mary of Clinical Ethics, Adams, MD, PhD, FAAP, the former chair of the Sec on of Bioethics, who Professor, Departments of now lives in Kenya and describes the Pediatrics, Med- ethics of prac cing pediatrics in a re‐ source‐poor environment. icine, Surgery and the College, Associate Direc- Background tor of the MacLean Center for Clinical First, some background. The phrase Medical Ethics, University of Chicago. “elec ve transplant” has at least 3 She currently serves as the Chairperson meanings. First, an elec ve transplant of the American Academy of Pediatrics may refer to the ming of a transplant: Sec on on Bioethics. The views exsome transplants are urgent (liver pressed are her own and do not repre- transplant secondary to acute hepa c sent the Academy or the Sec on. failure) whereas others are elec ve (pa ents with alcoholic liver disease can wait for weeks to months to years). Next month, the American Academy of Second, an elec ve transplant may re‐ Pediatrics (AAP) Sec on on Bioethics fer to the op onal nature of the deci‐ will hold its educa onal program at the sion. A transplant is elec ve, for exam‐ Na onal Conference and Exhibi on ple, if it is morally permissible to elect (NCE) in conjunc on with the Sec on non‐treatment. Third, a transplant is on Cardiology. In an cipa on of the elec ve if there are alterna ve non‐ upcoming mee ng, this issue of the transplant treatment op ons available. AAP Sec on on Bioethics Newsle er is This interpreta on of an “elec ve trans‐ focused on ethical issues in cardiology. I plant” was first used in the literature in will focus my remarks on the concept of 2006 to refer to elec ve liver transplan‐ “elec ve transplanta on” using treat‐ ta on of children with maple syrup ment for Hypoplas c Le Heart Syn‐ urine disease (MSUD), an inborn error drome (HLHS) as a paradigm case study. of metabolism, who were tradi onally The elec ve nature of heart transplant treated by dietary therapy.[1] Strauss is but one of many issues raised by the and colleagues showed that transplan‐ medical care of children with HLHS. In ta on led to be er long‐term outcomes this issue, two parents discuss the because it avoided the risk of metabolic meaning of informed consent in the decompensa on during protein loading context of a child with HLHS, several and intercurrent illnesses, lifelong risks physicians write about prenatal deci‐ that hang over pa ents with MSUD and sion making, and a number of other can leave them with serious neurologi‐ clinicians discuss various clinical contro‐ cal sequellae.[1] versies regarding prognos ca on, evolving therapies, resource alloca on, Hypoplas c le heart syndrome is a and the need for a unified approach to cardiac malforma on in which infants decision‐making for children with HLHS. are born with a hypoplas c le ventri‐ I encourage you to read them all as well cle and other associated cardiovascular as the non‐thema c essays including abnormali es. Without treatment, > our two essay contest winners, an essay 90% of infants die within one month
and virtually all die within 6 months. Given the uniform fatality of untreated HLHS, treatment is urgent and non‐ elec ve (#1 op on). However, there are 2 different surgical treatment op‐ ons for infants with HLHS: a mul ‐ staged Norwood procedure or heart transplanta on. Thus, like the elec ve liver transplant for children with MSUD, heart transplanta on for pa ents with HLHS must be understood as elec ve (#3 op on ).[2] Whether pallia ve care is an ethical op on has been a lively debate in the last decade (#2 op on).[3 ‐7] Below I will examine the second and third concep ons of elec ve trans‐ planta on for children with HLHS. Ques on 1: Is Non‐Surgery Moral? The main ethical ques on regarding HLHS has been whether surgical treat‐ ment of hypoplas c le heart syn‐ drome should be mandatory or elec ve ‐‐that is, whether pallia ve care should be considered a valid moral op on. This debate came to the fore in 2008 in the Archives of Pediatrics and Adolescent Medicine. Gil Wernovsky, a pediat‐ ric cardiologist and intensivist argued that improvements in prognosis made surgery mandatory,[4] whereas Alex Kon, a cri cal care physician and ethi‐ cist argued that pallia ve care must be an op on.[3] Kon rejected Wernovsky’s argument that improvements in out‐ come make pallia ve care a non‐ op on: “The measure of reasonable‐ ness is not based on n arbitrary cut‐ off.”[3, at p. 845] Other ethicists agree with Kon’s conclu‐ sion that pallia ve care should be offered, although they give greater weight to the prognos c data. Mercu‐ rio, a neonatologist and ethicist com‐ pares surgical repair of HLHS to treat‐ ment of extremely premature infants. [6] Given the similar rates of morbidity
Section on Bioethics
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Page 3 Copyright © 2012, American Academy of Pediatrics Section on Bioethics
From the Chair: The Ethics of Elective Heart Transplantation for Hypoplastic Left Heart Syndrome by Lainie Friedman Ross, MD, PhD, FAAP (Continued from page 3)
and mortality for infants with HLHS and 24 week premature infants, he argues that we need to offer parents the same set of op ons. Currently, we allow parents to elect “comfort care only” in the neonatal intensive care unit and the same should hold for the parents whose child has HLHS. However, Mer‐ curio admonishes us to not be compla‐ cent: “Finally we need to remember that therapies are con nuously evolv‐ ing and outcome data should be con‐ nuously updated and refined. We par cularly need to avoid making judg‐ ments on the basis of obsolete prog‐ nos c data…As the data evolve...our judgments need to be revisited fre‐ quently.”[6 at p. 189] This is echoed by Chris Feudtner who also argues in support of giving parents all the op‐ ons: “Parents of children born with HLHS should be informed of the op on of pallia ve care, because many in‐ formed individuals in our society (including some pediatric cardiologists) believe it is a reasonable op on… given the relentless pace of therapeu c evo‐ lu on in this as in many other areas of clinical medicine, all decisions about what is appropriate today must be re‐ visited tomorrow.”[5 at p. 836] Joel Frader, this year’s Bartholome winner (see page X) and myself in a publica on in the Journal of Pediatrics, also argue in favor of offering pallia ve care as long as it is a reasonable op on.[7] But what does it mean to “provide all the op ons”? Kon and colleagues col‐ lected empirical data and found that different centers have different exper‐ se, and most do not have exper se in both the Norwood and cardiac trans‐ planta on (only 11% offered both op‐ ons), providers o en focus on the treatments that they have accessible at their own ins tu ons, and only one‐ quarter discuss nonsurgical manage‐ ment.[8] The lack of discussion of pal‐ lia ve care is in opposi on to the fact that 16% would want comfort care for their own child and 36% were uncer‐ Page 4
tain.[8] More recently, Renella and colleagues found that “[a]pproximately one‐half of the pediatric residents and nurses surveyed would choose termi‐ na on of pregnancy or seriously con‐ sider declining neonatal surgery if their own fetus or infant had HLHS.[9 at p. 1045] Frader and I argue that parents need to know the benefits and burdens of all treatments, including those treat‐ ments that may not be available at a par cular site.[6] As Feudtner explains, “People should be informed of the rea‐ sonable referral op ons” although he is not willing to require that physicians facilitate the referral if it goes against their conscience.[5] Ques on 2: Alloca on of Scarce Resources Whereas the first ques on asks wheth‐ er it is morally required to offer pallia‐ ve care when surgical treatments that offer a good prognosis (in terms of both morbidity and mortality) are avail‐ able, our second ques on focuses on whether it is fair to offer heart trans‐ planta on when organs are scarce and a non‐transplant op on exists with comparable prognosis. Consider a similar scenario. In 2009, I discussed the ethics of elec ve liver transplants for children with MSUD. At the me I noted that at the end of 2008, the United Network for Organ Sharing (UNOS)/Organ Procurement Transplanta on Network (OPTN) data for children