Hostname: page-component-cd9895bd7-dk4vv Total loading time: 0 Render date: 2024-12-24T02:12:11.078Z Has data issue: false hasContentIssue false

2. Made in the U.S.A.: Legal and Ethical Issues in Artificial Heart Experimentation

Published online by Cambridge University Press:  28 April 2021

Extract

The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and therapeutic intentions with the Barney Clark implant, the permanent procedures rapidly became little more than publicity stunts used to advertise Humana, Inc., a for-profit hospital chain. Indeed, on the night Mr. Schroeder died, Humana Hospital Audubon sent its public relations director to justify the experiment to a national television audience on Nightline, apparently because no physician at the hospital was willing or able to publicly defend the experiment.

Type
Part III: The Health Care System
Copyright
Copyright © American Society of Law, Medicine and Ethics 1986

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

New York Times, April 17, 1983, at 44.Google Scholar
Louisville Courier Journal, Feb. 3, 1985, at 13 (emphasis supplied).Google Scholar
Surgeon DeVries' Dream: “Forgettable” Heart Implant, American Medical News, May 10, 1985, at 1, 58 (emphasis supplied).Google Scholar
Surgeons Disagree on Artificial Heart, Science 230: 786 (Nov. 15, 1985).Google Scholar
Working Group on Mechanical Circulatory Support, National Heart, Lung, and Blood Institute, Artificial Heart and Assist Devices: Directions, Needs, Costs, Societal and Ethical Issues (May 1985) at 33 (emphasis supplied).Google Scholar
Id. at 15.Google Scholar
Let's Reevaluate Jarvik-7, Critics Say, American Medical News, Aug. 22/29, 1986, at 7.Google Scholar
Annas, G.J. Glantz, L.H. Katz, B.F., Informed Consent to Human Experimentation: The Subject's Dilemma (Cambridge: Ballinger, 1977).Google Scholar
U.S. v. Rutherford, 544 U.S. 442 (1979).Google Scholar
Casscells, Ward, Testimony before the FDA Circulatory System Advisory Panel on Artificial Heart Implants, Dec. 20, 1985, Wash., D.C., citing Wilson, J.R., et al., Journal of the College of Cardiology, 2: 403 (1983).Google Scholar
Katz, J., The Silent World of Doctor and Patient (N.Y.: Free Press, 1984), at 151.Google Scholar
Moore, F., in Ethical Aspects of Experimentation with Human Subjects, Daedalus, Spring 1969, at 509.Google Scholar
”Artificial Heart,” Nova (transcript, p. 3).Google Scholar
Altman, L.K., The Ordeal of a “Human Experiment,” New York Times, May 14, 1985.Google Scholar
Annas, G.J., Consent to the Artificial Heart: The Lion and the Crocodiles, Hastings Center Report, April 1983, at 2022.Google ScholarPubMed
The clause reads:Google Scholar
Annas, , et al., supra note 8, at 11–14.Google Scholar
A. Caplan, The Artificial Heart, Hastings Center Report, February 1982, at 22–24.Google Scholar
Annas, G.J., The Phoenix Heart: What We Have to Lose, Hastings Center Report, June 1985, at 1516.Google ScholarPubMed
See, e.g., Annas, G.J., No Cheers for Temporary Artificial Hearts, Hastings Center Report, October 1985, at 27–28.Google Scholar
See supra, note 16.Google Scholar
Annas, G.J., The Prostitute, the Playboy, and the Poet: Rationing Schemes for Organ Transplantation, American Journal of Public Health 75: 187–89 (1985).Google ScholarPubMed