BioEdge 247 -- Wednesday, 2 May 2007

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BioEdge 247: GE's ultrasound machines and India's gendercide

THIS WEEK


bullet 
GE's ultrasound machines and India's gendercide
      Indian government cracking down
bullet 
Following your conscience may not be the way of the future
      A nice idea, but not when filling prescriptions
bullet 
UK couple to create designer babies to beat breast cancer
      ... even though a cure might come soon
bullet 
Lethal injections inhumane, says study
      Executed prisoners may be in agony
bullet 
US Supreme Court upholds partial-birth abortion ban
      NEJM's angry response
bullet 
Doctors still receiving boodles of freebies
      Mostly in the form of free lunches
bullet 
US set to ban genetic discrimination
      But bioethicists sing praises of voluntary genetic testing

GE'S ULTRASOUND MACHINES AND INDIA'S GENDERCIDE

Protests against gender-cide General Electric Co has come under the spotlight in the Wall Street Journal for supplying Indian doctors with the ultrasound machines which enable sex-selective abortions. GE is the market leader in these products through a joint venture with the Indian multinational Wipro Ltd. Other vendors in the US$77 million Indian market include Toshiba, Siemens, Philips, and a Chinese firm, Mindray International Medical. Sales rose 10% in 2006.

The Indian government and women's rights activists are targeting doctors using ultrasounds to reduce the number of female abortions. The government banned sex selection in 1994, although this does not seem to have straightened up an increasingly skewed sex ratio. It now requires any clinic with an ultrasound machine to register with the local government and to provide an affidavit that it will not conduct sex selection. So far, more than 30,000 ultrasound machines have been registered.

GE insists that it is complying with the law. It has educated its own sales force about the regulations, demanded affidavits of its own, and even audits its customers. In 2004, the first full year it implemented these measures, its sales in India contracted by 10%. A sharp decline in its budget $7,500 black and white ultrasound machine was partly responsible.

Nonetheless, the problem itself doesn't seem to be contracting. Last month prosecutors in Hyderabad opened a case against GE and Wipro and against Erbis Engineering, the Indian distributor for Toshiba. The government alleges that these companies knowingly supplied ultrasound machines to unregistered clinics which were performing sex selection tests. The chief executive of GE Healthcare South Asia, Mr V. Raja, says that GE would never supply a machine to a customer who might break the law. "There is no winking or blinking," he says.

Proving guilt or innocence will be tricky. The Hyderabad case involves a clinic which had not kept proper paperwork for two years. An ultrasound machine, said the clinic's owner, was the property of a freelance radiologist. It is possible for doctors to sell ultrasound machines to other doctors.

A spot check by the WSJ on a clinic in the small village of Indergarh found a dozen women waiting for an ultrasound on a GE Logiq 100. The doctor insisted that he would never, ever, disclose the sex of a foetus. But he had no registration papers for the machine and no proof of ownership. Mr Raja wipes his hands of the problem. It is the job of the government, not ultrasound manufacturers, to turn around India's preference for boys. "A lot of education has to happen and the government has to do it," he told the WSJ. ~ WSJ, Apr 18   

FOLLOWING YOUR CONSCIENCE MAY NOT BE
    THE WAY OF THE FUTURE

Socrates drinks his poison "A stampede of pharmacists" demanding the right not to provide the morning-after pill has prompted a call to rethink conscience in the latest Journal of Medical Ethics. Eva and Hugh LaFollette contend that while conscientious objection has a long and honourable history, it should not necessarily be a right enjoyed by healthcare professionals in the United States.

Conscience no longer has the prestige it had amongst baby-boomer children of the 60s. In 2005, for instance, Illinois governor Rod Blagojevich ordered pharmacists who invoked their conscience to ignore it and to fill prescriptions or face stiff penalties.

The Lafollettes' argument seems to assume that it is impossible to determine whether a conscience is right or wrong -- whether its principles are morally correct or incorrect. In that case, the only plausible standard for assessing moral judgements must be whether or not they harm someone else. Conscience is merely a private matter which cannot command the respect of society unless it mirrors society's standards.

Hence, the LaFollettes argue that "not all conscience should be treated equally... Once [a person's] actions significantly affect others, then we should determine whether her claims are sincere, plausible and consistent, and whether she shows reciprocal respect for others, especially if she is a member of a justified profession in a democratic and basically just society."

What appears to irritate the authors is that some pharmacists want to have their cake and eat it, too: to act according to their conscience and not to be fired for doing so. Conscience operates differently on the job and in the home, they argue: "Although my private conscience may tell me that I should not perform an act, I should not straightforwardly infer that it is also improper for me to do that act as a professional."

What the article suggests is that healthcare professionals can no longer take for granted that appeals to "my conscience" will be treated with sympathetic respect. Libertarian ethicists are busy constructing arguments which will compel them to act against it. What is not so clear is why these arguments would not have supported the behaviour of Nazi doctors in concentration camps, which are universally condemned nowadays. ~ Journal of Medical Ethics, May   

UK COUPLE TO CREATE DESIGNER BABY TO BEAT BREAST CANCER

Two British couples plan to sift through IVF embryos and destroy those with a high risk of breast cancer. An application to test for the couples' embryos for the BRCA1 gene has been submitted by Dr Paul Serhal, of University College Hospital, London. It will probably be approved, as the UK's fertility authority has already agreed in principle.

Since babies who carry the gene will not necessarily develop breast cancer and if they do, it will only happen after many years of a (hopefully) healthy life, the ethics of this procedure are far from settled. In its defence, Dr Serhal spoke of the harrowing medical histories of his patients. "We are talking about a killer gene that wipes out generation after generation of women," he says. "You can have a preventive mastectomy, but this is traumatic and mutilating surgery that does not eliminate the risk."

Opposing it was Josephine Quintavalle, of the lobby group Comment on Reproductive Ethics. "There has to be a better way of curing disease than this. It is very likely that in the not-too-distant future there will be a way of treating breast cancer that doesn't rely on eliminating the carrier instead of curing the disease." ~ London Times, Apr 26   

LETHAL INJECTIONS INHUMANE, SAYS STUDY

Although 37 American states use lethal injections to execute prisoners, they also expect the process to be relatively painless. But a controversial new study contends that the three-drug cocktail which is currently used can cause a slow and painful death. Some prisoners apparently suffocate while they are conscious and unable to move. They may even feel as if they were on fire. The study, in the online journal PLoS Medicine, was based on the logs of the executions of 40 prisoners in North Carolina since 1984 and about a dozen in California, supplemented by incomplete information from Florida and Virginia. The journal's editors have called for the abolition of the death penalty: "There is no humane way of forcibly killing someone."

The problem seems to be that "one-size-fits-all" injections of anaesthetic do not take into account the prisoner's weight. Some received too little and in some cases the anaesthetic wore off before the execution was complete. But since none of the patients are available for questioning about what they felt, it is difficult to gather incontrovertible evidence. The methodology of a 2005 study by the same authors was criticised. In any case, supporters of the death penalty may not care too much. A prosecuting attorney in Indiana, where an execution is to take place on Friday, told the Washington Post: "It doesn't matter a whole lot to me that someone may have felt some pain before they were administered poison as a method of execution." ~ Washington Post, Apr 24   

US SUPREME COURT UPHOLDS PARTIAL-BIRTH ABORTION BAN

Because abortion is such a well-covered topic, we seldom report developments in BioEdge, despite the fact that it is a key bioethical issue. However, a recent decision by the US Supreme Court, Gonzales v. Carhart, has prompted an enormous amount of commentary even in medical journals. With two Bush-appointed justices on the bench, the court found by a 5-4 majority that it was not unconstitutional to ban "partial-birth" abortions, in which the head of a partially born baby is cracked open and its brains siphoned out. The Federal law describes it as "a gruesome and inhuman procedure that is never medically necessary and should be prohibited". It was hailed by pro-lifers as their biggest victory in 40 years.

The editor of the New England Journal of Medicine, Jeffrey M. Drazen, was outraged at this "intrusion of legislation into the day- to-day practice of medicine". He rushed two commentaries into print as well. One was written by a NEJM associate editor who is also a Harvard Medical School professor who lamented the "intimidation of American physicians". The other contributor was R. Alta Charo, a distinguished legal academic and bioethicist at the University of Wisconsin, who is also a director of the Guttmacher Institute, an abortions rights group. She argued that this decision shows that women's rights are no longer deemed to be paramount. Instead "societal morality and the state's interest in life even before the point of viability outside the womb" was becoming more important. ~ NEJM, Apr 23   

DOCTORS STILL RECEIVING BOODLES OF FREEBIES

Despite voluntary guidelines set in 2002 which limit freebies, nearly 95% of American doctors receive free food, beverages, drug samples, sports tickets or other benefits from drug companies. The industry spends more than US$20 billion a year on marketing, most of which goes to doctors as gifts. These were the results of a study in the New England Journal of Medicine based on doctors surveyed in 2003 and 2004. Eighty-three per cent of responding doctors received free food and 78% free drug samples. About one-quarter received full or partial reimbursement for continuing education and 18% said that they were paid consultants. Cardiologists were the most likely to receive direct payments.

Opponents of drug company Santas fear that the gifts will affect doctors' prescribing habits. Even free samples, says Dr Jerome P. Kassirer, of Tufts School of Medicine, are suspect. "Giving a patient free samples means the doctor has to finish off the course of treatment with a prescription," he says. One of the authors, Dr David Blumenthal, predicts that doctors would have government regulation imposed upon them if they did not reform. "The problem isn't with the companies, it is with the profession," he says. ~ Los Angeles Times, Apr 26   

US SET TO BAN GENETIC DISCRIMINATION

A bill banning genetic discrimination has sailed through the House of Representatives by a vote of 420-3. The bill already passed the Senate unanimously in 2005 and the White House is supporting it. It will prevent health plans and health insurers from denying coverage to people solely on the basis of a genetic predisposition to a disease. It will also ban employers from using genetic information in hiring, firing, or promoting employees. "There is not a single person on this planet that carries with them perfect genes -- every one of us carries a predisposition to illnesses -- and therefore we are all vulnerable to genetic discrimination," said a co-sponsor of the bill, Louise Slaughter. The bill is being opposed by the US Chamber of Commerce, a leading business lobby, which says that legislation will only add to the amount of red tape choking business.

Nearly everyone seems opposed to genetic testing because it could be a tool of government or corporate oppression, as in the film Gattaca. However bioethicists Julian Savulescu, an Australian teaching at Oxford, and Bennett Foddy, of the University of Melbourne, have peered into their crystal ball and are rhapsodic about what they see. In an article in the Melbourne Age, they claim that it has immense potential benefits for increasing our range of personal choices. When technology is more developed, these might include: knowledge of genetic diseases, measuring talents and behavioural dispositions, promoting workplace safety and the public interest.

"We can choose to use this immensely valuable information to help people live better lives and remove injustice. Imagine a world in which we give special assistance to those who, through no fault of their own are born with the genetic short straw... Through genetic testing, we could tailor education and support to individual needs. It might mean everyone can have a decent chance of a decent life, regardless of the genetic lottery. No one makes films about that because we don't fear it. But that world is within our grasp. It is up to us to choose to grasp it." ~ Age, Apr 29; Reuters, Apr 25   

 

  

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Australasian Bioethics Information
ISSN 1446-2117
Website:www.australasianbioethics.org
BioEdge editor: Michael Cook
New Zealand Contributing Editor: Carolyn Moynihan


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