iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Lisa Belkin

GET UPDATES FROM Lisa Belkin
 

Denying A Transplant To A 'Retarded' Child?

Posted: 01/16/2012 2:47 pm

After you read this, go here and read Susan Senator's compelling argument about why I am wrong, and why Amelia should be put on the transplant waiting list just like anybody else. Lisa Belkin

Amelia Rivera is three years old. Her mother, Chrissy, describes her as "a happy child whose perfect day involves swinging in the Pooh swing, batting her favorite toy bug under her toy mat, and rolling around on the living room floor to bang her leg on the dog's head. In her eyes, her life is perfect. And after two years of having her in my life, in my eyes her life is perfect."

Amelia was born with Wolf-Hirschhorn syndrome, caused by a deletion on the fourth chromosome. Its effects include seizures, heart problems, and a shortened life expectancy. About one third of patients die before the age of two, and while some survive into early adulthood, that is relatively rare. Amelia can not walk, or talk, though "she does recognize us," her mother said in a telephone interview, and "she can communicate her needs. When she rolls across the floor and bangs her legs against ours we know she wants us to pick her up."

In short, it is a heartbreaking condition.

Kidney complications are not the most common part of the Wolf-Hirschhorn checklist, but they are a complication that Amelia has, and doctors at the Children's Hospital of Philadelphia have told her parents, Chrissy and Joe, that the little girl will die in about six months to a year without a kidney transplant.

Doctors also said -- until they changed their minds (somewhat) late Sunday in the face of an Internet outcry -- that they would not perform that transplant.

As Chrissy tells the story, the latest chapter in Amelia's tale began at a meeting at CHOP last week. Chrissy and Joe thought it was a meeting about the steps they needed to take to be tested as potential kidney donors for their daughter, but within minutes they realized that a doctor they had never seen before was telling them that Amelia was not a transplant candidate because she is "mentally retarded."

As Chrissy wrote:

The doctor begins to talk and I listen intently on what he is saying. He has a Peruvian accent and is small, with brown hair, a mustache and is about 65 years old. He gets about four sentences out (I think it is an introduction) and places two sheets of paper on the table. I can't take my eyes off the paper. I am afraid to look over at Joe because I suddenly know where the conversation is headed. In the middle of both papers, he highlighted in pink two phrases. Paper number one has the words, "Mentally Retarded" in cotton candy pink right under Hepatitis C. Paper number two has the phrase, "Brain Damage" in the same pink right under HIV. I remind myself to focus and look back at the doctor. I am still smiling.


He says about three more sentences when something sparks in my brain. First it is hazy, foggy, like I am swimming under water. I actually shake my head a little to clear it. And then my brain focuses on what he just said.

I put my hand up. "Stop talking for a minute. Did you just say that Amelia shouldn't have the transplant done because she is mentally retarded. I am confused. Did you really just say that?"

The tears. Oh, the damn tears. Where did they come from? Niagara Falls. All at once. There was no warning. I couldn't stop them. There were no tissues in conference room so I use my sleeve and my hands and I keep wiping telling myself to stop it.

I point to the paper and he lets me rant a minute. I can't stop pointing to the paper. "This phrase. This word. This is why she can't have the transplant done."

"Yes."

I begin to shake. My whole body trembles and he begins to tell me how she will never be able to get on the waiting list because she is mentally retarded.

In the days after Chrissy wrote that on a blog for Wolf-Hirshhorn families, a petition sprouted online demanding that CHOP change its institutional mind. Amelia now has a Twitter hashtag (#TeamAmelia) and a Facebook campaign full of outrage that this little girl would be denied a transplant solely because she has special needs. The doctors are heartless and discriminatory, those postings say. What about the Hippocratic oath, they ask.

This is not one of those outraged posts.

I do not think Amelia should be put on the waiting list for a transplant.

Kidneys, all human organs, are among the rarest and most precious of the world's resources. The National Kidney Foundation tells us that 104,748 people are currently waiting for a transplant of some kind right now and 4,000 names are added to that list each month. Today -- every single day -- 18 people will die while waiting. Each of those patients is someone's child.

The stark reality then, is that a kidney that goes to one patient means it does not go to another. Giving a kidney to Amelia means that someone, whose name you will probably never know, but who will be loved just as fiercely as Amelia is, won't get one in time.

Which is why there are rules -- unemotional, clinical, detached rules -- for a situation that is none of those things. And it is why there are forms like the ones placed in front of Amelia's parents. Amelia is not being denied a donor transplant because she is, as her mother writes, "mentally retarded." She is being denied a donor transplant because she has a cascading syndrome that will shorten and limit her life, meaning that kidney will not "save" her in the way that it might someone who starts out healthier. In cold clinical terms this means that everything it takes to undergo a transplant -- the medications, the repeated biopsy procedures afterwards, the constant monitoring and machinery -- are difficult and sometimes impossible compared with a child who is less impaired. The less mobile a patient is, the far greater the likelihood that she will develop an infection, or pneumonia, or a host of other complications that make it probable that the transplant will eventually fail. Which, in those same cold clinical terms, would make it a waste of an organ.

In a world with unlimited organs it would be reprehensible to deny anyone a transplant because of her limited lifespan, her limited understanding, or her inability to go on to lead a life as full as some other child might. But organs are not unlimited, and there is no way around these choices. It is a most imperfect and wrenching system. It is inexact and capricious. It brings me to tears as I write about it. But it is the best way we have at the moment.

I was a medical reporter for nearly a decade at the New York Times, and my first book was about the three years I spent observing the inner workings of a hospital ethics committee, so I have seen these decisions made up close. I am also, by way of full disclosure, married to a pediatric cardiologist who has made these decisions as well. It is from that dual vantage point that I write this, and would like to share a few thoughts.

First, I was not in the room when Chrissy and Joe met with the doctors, so I don't know exactly what was said. I do know that too many doctors are awkward or brusque or downright insensitive when delivering difficult news. But I have also had the chance to be in the room when doctors have given this kind of news to patients, and many of those times what the family remembered hearing afterward was not what my notes or my tape recorder heard. I am not sure that there would be any words at all that would have made this an acceptable conversation for the Riveras.

Second, the term "mentally retarded." It makes us cringe. It felt to Chrissy and Joe like a slap, a diminishment, a denigration. But in the language of medicine it is simply a descriptive term, one used in its clinical sense and one that fills the medical literature and is used every day. There's a separate but worthwhile debate to be had over whether it is time for the profession to find a new term -- ("I know it's just a word," Chrissy said when we talked, "they should find another word") but it was used on that form as a clinical diagnosis, not an aspersion or a dismissal.

Finally, for perspective and advice I called Dr. Kurt Hirschhorn, a pediatrician and geneticist at The Mount Sinai School of Medicine, and one of the two researchers who identified Wolf-Hirschhorn Syndrome in the early 1960s. He was also the head of the Mount Sinai Hospital Ethics Committee for 30 years (and, as it happens, he's been a mentor to my husband at Sinai, and we consider he and his wife our friends). Kurt read Chrissy's story and I asked him, "Should Amelia be put on the donor list for a kidney transplant?"

No, he said.

"What our ethics committee would tell the parents is that we can't give her a kidney, because there is a shortage of kidneys, especially for little kids, and her impairments are too significant," he continued.

Throughout this article I have been careful to use the term "donor kidney," meaning one from an anonymous deceased donor, per the protocols of the national organ registry. There is another kind of kidney donation, however -- from a living designated donor (you can live with just one kidney) but Chrissy says the hospital rejected that option during last week's meeting. (You can read the entire hospital statement, which they placed on their Facebook page here.)

Dr. Hirschhorn said he did not understand why. As an ethicist he would want to make sure that a potential living donor fully understood the personal risks of such a donation, and also understood that Amelia's life would be prolonged, but not saved, by the transplant. If the donor agrees -- ("we either take the risk or she dies" her mother says "so we take that risk") then that might be the best answer to a Solomonic question.

Designated donation is what the Riveras say they wanted to do from the start. "We were never asking that she be listed," Chrissy said, reiterating that they thought last week's meeting was about the procedure for testing potential family donors. "We didn't want her on the list. We don't want to take a kidney from anyone else. We want to give her one ourselves."

Just before I called Sunday night, she said, she'd spoken to the hospital and had gotten word that a transplant for Amelia could in fact be approved there -- with a living designating donor. The Riveras are relieved, Chrissy said, but also angered by what they have heard these past few days from other families who have been told "your child can not receive a transplant because of cognitive disabilities."

Their growing number of supporters are still angry, too, and posts continue to fill Facebook and #TeamAmelia, raging against a medical system that critics see as treating those with special needs as less worthy of saving.

There is reason for anger here, I agree, but not at the doctors who got into this line of work in order to save lives, and not at the national organ registry that made rules no one really wants to have to make.

The anger should be directed at a system where, of the 12,000 people who died last year and met the criteria to be donors -- 12,000 people whose hearts and lungs and livers and kidneys could have gone on to save many times that number of lives -- only half of those potential lifesavers were registered as donors. The rest of the organs went to waste.

So be angry. And then go sign your organ donor card.

 
 
 
 
 
  • Comments
  • 567
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Bloggers
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (11 total)
03:48 PM on 02/06/2012
Although I can understand your point about not putting her on a transplant list (I don't agree but that is a moot point) I urge you to re-read the mother's post as your information is inaccurate. She is not asking for her daughter to be put on any wait list for a kidney, they were asking to allow a family member to donate the kidney. This is not "taking" it away from some other person who starts out healthy. Her mother is fine with not having her on a transplant list (according to her blog) but not ok with denying her the right to the transplant if a family member is a match. Also, although she may have shortened lifespan, there is no guarantee this will be the case. With new medical advances everyday more and more of these diseases are seeing an increase in longevity based on new and better availability to treatment. Why then should her life be any less worthwile than someone else's.
07:52 AM on 02/15/2012
Thank you for reminding people that everyone has value to their life!
03:49 PM on 01/31/2012
I think many people don't think about the fact that we don't have an endless supply of organs when they comment. We have to be heartless and methodical when making these decisions, because these organs need to go to the person who would be best served by it and needs it the most at that time. It would not do to give an organ to an AIDS patient who's in the end stages to extend their life by a month rather than someone whose life would be extended by years.
05:18 PM on 01/30/2012
I would like to donate. All I want is to give a little security to my surviving wife and children. But, though the transplant physician gets $50k, the hospital gets $100k, the transplant team gets $100k, etc, I and my family get absolutely nothing but a Thank You. Al Gore sponsored the legislation that made it illegal for me to get anything for this "donation" whereas everyone else associated with it gets rich. This is "fairness" according to progressive thinkers. I wil therefore die with my eyes, kidneys, etc. And so will my children. Unless the law is changed.
HUFFPOST SUPER USER
ResearchGirl
06:48 AM on 01/24/2012
There is a conflict between ethical principles in this situation. I wish you had formalised these, and emphasised all the things you didn't and couldn't know about the individual case, rather than positing the story in the particulars and trying to general
02:21 AM on 01/24/2012
I confess when I first read the mother's description of the meeting and her interaction with a physician...as well as her description of the physician (Peruvian with a brown face)...it was a shock.

None of us were at the meeting, we only have the parents' "word" for what transpired during the discussion. The parent claims the basis of the denial of the kidney transplant was because the youngster is "mentally retarded". As Ms. Belkin stated "mentally retarded" is a clinical description, not a pejorative phrase and is further defined with a "range" (mild, moderate, severe or profound) in a health care setting.

The syndrome that the child has usually manifests itself with additional cardiac and neurological problems such as seizures. Yet, the parents in their public statements have not provided us with any of the other problems that the child might have, that might have been considered when the transplant team denied the child the opportunity to be placed on the transplant list.

CHOP is now in the position of trying to explain their actions and the hospital has been assailed by the general public. If the parents weren't transparent revealing the child's actual medical problems, how can CHOP defend itself without violating patient confidentiality?

Suitable donated kidneys are in short supply...the parents now state they will find a donor. Finding a living donor with good tissue matching will be a major undertaking. There is no guarantee that a close family member will qualify.
photo
HUFFPOST SUPER USER
kwombles
www.countering.us
08:03 AM on 01/25/2012
The transplant team did not deny the child--it hasn't even met. Even the parents acknowledge that CHOP hasn't denied the transplant--the doctor, according to them, said he wouldn't recommend it.
This user has chosen to opt out of the Badges program
12:57 PM on 02/01/2012
Actually, what they said was that they would not even consider it AND they would likewise not consider doing a LIVE DONOR ~ meaning that if someone in her family is a match & is WILLING to donate, the hospital STILL would not do it!
This user has chosen to opt out of the Badges program
12:45 AM on 01/24/2012
Yes.
07:36 PM on 01/23/2012
Your article states some facts about organ transplant but it does not address the crux of Amelia's situation. What makes the situation outrageous is that the parents are claiming that the doctor rejected any possibility of consideration of transplant for Amelia solely because of the "MR" designation in her chart. Perhaps there was a misunderstanding or mishttp://www.blogger.com/comment.g?blogID=1556371561007953336&postID=854750692682202721communication in that room, but that is what the issue is that is causing the uproar. A transplant list is not triaged by IQ.
This user has chosen to opt out of the Badges program
12:59 PM on 02/01/2012
Thank you! What was even more disturbing than refusing to put her on the list was the assertion that they would not even consider a live donor ~ meaning that even if there was a family member who was a match & was willing to donate, they hospital wouldn't even consider the transplant b/c she has an MR diagnosis! :O
06:09 PM on 02/01/2012
I don't know if Amelia should be put on the transplant if she needed an organ, or whether she should get a transplant because a someone is donating an organ to her, because the conversation with the hospital appeared not to have gotten that far. According to her parents' blog, she was eliminated from further testing and consideration because of her cognitive disability, the MR designation in her file, which should have had nothing to do with the medical question at hand. Amelia did not even get to the consideration point which would have involved many medical tests and committee meetings as to whether the transplant is medically advisable. This is a process that anyone who is up for transplant and certain other medical procedures has to undergo. It may well turn out that a transplant is not for her. But the process was stopped before it even got that far because of the MR diagnosis, and that, if it happened is wrong!
usmelllikepee
Confucious sz he who fart in church sit in own pew
02:17 PM on 01/23/2012
There are only so many organs and tissue to go around. The mother of this child is emotional and understandably bias but not rational. Her kid has existing medical issues that almost guaranty a short life span. To take a kidney donation from a otherwise healthy child and give it to a child riddled with problems is not logical. When we have enough donations to go around for everyone then that is when the life expectancy and quality of life reasons can be excused.
This user has chosen to opt out of the Badges program
12:59 PM on 02/01/2012
You're missing the point! The point is that the hospital said that even if there is a family member who is a match & is willing to donate, they STILL will not even consider performing the transplant!
usmelllikepee
Confucious sz he who fart in church sit in own pew
02:30 PM on 02/01/2012
No, you're missing the point. The kid is going to die. No need for the hospital to risk the life of a healthy person (regardless of their relation) to prolong the life of a doomed child by a few months or years at best.
09:41 AM on 01/22/2012
This just isnt write... Maybe she can get a petition for people to sign? I dont know how all of that works but I wish her and the parents the best... This is awful!
This user has chosen to opt out of the Badges program
12:46 AM on 01/24/2012
...speaking of MR, lilbree688.....
04:14 AM on 01/22/2012
I am in the unique position of having one child who received a tissue donation...for replacement of an anterior cruciate ligament following a devastating injury to her knee...it was a donated ligament from an 11 year girl, for which we will always grateful.

My other child survived for almost 28 years, every bit or more disabled than Amelia. He too, had a rare genetic disorder with profound and multiple physical, intellectual and medical impairments. He died peacefully in his sleep, seven years ago and upon his death, we were approached by transplant team staff at the hospital for tissue donation. We believed then and still believe, that we were give a wonderful gift...the chance to restore vision and to mend broken hearts through the donation of my son's eyes and heart valves.

Throughout his life, we were always afraid that we would be put in a position to have to decide about extraordinary treatment for a life-threatening condition or continuing life support for a child who just barely survived a multitude of treatments for his many disabilities or the many illnesses that were a part of his existence.

I am a nurse and know only too well that the post-transplant treatments are extensive requiring life-long powerful medication and constant monitoring to avoid organ rejection. With the best aftercare, children who are medically frail, are often unable to undergo the rigors of post-transplant treatment.
photo
HUFFPOST SUPER USER
Mr Anonymous
Mumpsimus, I am not entertained!
09:33 PM on 01/21/2012
Is that what's it's come to now-a-days, to justify as whether or not someone should be able to get a transplant, because of their condition? What needs to happen is that if someone needs a transplant they should be on the list and get it, not taken off, beause of limitations they have. I doctor's ethics come down to treating his patient, and if he can't ethically do that then they need to get one that can.
11:42 AM on 01/22/2012
Is that what it's come to now-a-days? I'm sorry to tell you, but this is how it's always been. Before you can even be put on a transplant list you have to qualify. Dialysis patients are denied transplants everyday for a multitude of reasons. Some for a lot less than you'd think. The elderly are denied transplants all the time simply because of their advanced age. Dialysis patients who consistently skip their treatments and don't take their meds everyday like they are suppose too can and will be denied. In most cases it's a transplant team and not one Dr. who decide. They take into consideration the patients overall health. And until there are an infinite amount of transplantable to go around that is how it will stay.
04:56 PM on 01/29/2012
So you think that makes it right? My mom was on that (imaginary) list of top 100 amazing, wonderful, beautiful people, & was denied certain cancer treatments because of her age (it wouldn't be financially responsible). She was 79, but their parents lived well into their 90's. She was diagnosed & gone within 10 months, & I hate everyone involved in her oncology. Saying that you should skip this child because of what may happen in 7, 10, 20 years is obscene. Maybe if you skip this child, the child you give it to may get hit by a car & die tomorrow. Just because one child may live longer than another, does not mean we should pick & choose which one is more deserving. However you look at it, each person belongs to someone, & deserving of the best care possible. Period!
This user has chosen to opt out of the Badges program
01:01 PM on 02/01/2012
They didn't bother looking past MR for her to qualify. MR should not mean automatic disqualification! THAT is the point!
10:20 PM on 01/19/2012
The author conflates all special needs together. This child has many special needs, some of which likely will shorten her life. She also has cognitive impairment. If he is being denied a place on the transplant list because her life will be short, I can possibly see it.

However, if she is being denied the place because of cognitive impairments, that is horrendous, and Nazi-like. Many people with cognitive impairments are otherwise healthy and lead productive, happy lives. Who is to say that life is less valuable, or less worth extending by transplant, than that of a person with a 130 IQ. Do we really want to go down that road? Where do we cut off? If two people are on the transplant list, one with an IQ of 120, another with 90, do we automatically give the organ to the smarter person? A verrrryyy slippery slope which we will all regret sliding down.
04:31 PM on 01/19/2012
IT ISME AGAIN I STATED IF I COULD"DONATE" WELL I AM WILLING TO DONATE I JUST CANNOT GET ANSWERS AS TO THEONE I NEED TO TELL THIS TOO... ONCE AGAIN THANK YOU ALL... JOURDAN
photo
HUFFPOST SUPER USER
Mr Anonymous
Mumpsimus, I am not entertained!
09:31 PM on 01/21/2012
If you get a hold of your local public health dept, they can tell you where you can beome a donor.
photo
HUFFPOST SUPER USER
BeanBoo
02:38 PM on 01/23/2012
If you want to contact me through the Facebook group "Kidney for Karen" I can give you all the information I know regarding kidney transplants and testing to see if you are able to donate a kidney. There is a program (called National Kidney Swap or something like that) which allows you to donate and get a kidney for someone even if you aren't a match with them.
12:14 PM on 01/19/2012
Thank you for writing this article. It must have been hard to have the courage to come out and explain your point of view when you knew it might not be popular or politically correct to say. This was well written and you seem very credible. Your argument seems justified and fair, even if not everyone will agree with you.
08:59 AM on 01/19/2012
For all of you who agree with this decision, let me know when you're in their shoes and your child needs an important organ and gets denied. Let me know if you just put it off as if nothing happened when your child passes away. As matter of fact, let me know if any of you have a "mentally retarded" child, then look at him/her and tell them that you hope they never need an important organ because you are willing to let them die.
11:02 AM on 01/19/2012
It's unfortunate, and especially tugs at our heart strings when it comes to children, but without trying to sound trite, we can't save everyone.
This user has chosen to opt out of the Badges program
01:03 PM on 02/01/2012
You're right ~ we can't save everyone, but the problem here is that the hospital said that even if there was a family member willing to donate, they STILL wouldn't even consider performing the transplant ~ THAT is where there's a problem! They refusal was based either primarily or solely on the MR diagnosis.
HUFFPOST SUPER USER
Ashok Hegde
03:00 AM on 01/23/2012
Most people would abort a fetus which is recognized to have a severe malady. Is that wrong? Perhaps not...we all have to make decisions on quality of life, and the amount of time/investment we have. It's not an easy decision, but a necessary one.

And, hospitals have a similar issue...they have finite dollars, organs, time, etc.
This user has chosen to opt out of the Badges program
01:04 PM on 02/01/2012
Hope you're okay with that rationalization if you ever become disabled & the person in charge of your medical care decides to refuse all treatment based on your disability!