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COVER STORY:
Transplant Ethics
September 24, 2004 Episode no. 804
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BOB ABERNETHY, anchor: We have a special report today on organ transplants and how to decide who gets them. The surgery has become almost routine, but the shortage of donors persists. So who should get the available organs? Twenty years ago, the government put in place a system which it considered fair, to distribute organs based on medical criteria, but people who are desperate have found ways to get around the rules. Fred de Sam Lazaro reports.
FRED DE SAM LAZARO: For several weeks, Houston commuters have been tuned in to an unusual and highly personal campaign for a transplant. It included billboards and a Web site which sparked news reports, even national TV appearances
(CNN Broadcast): Joining me now from Houston, Texas, Todd and Julie Krampitz.
DE SAM LAZARO: Thirty-two-year-old Todd Krampitz, his liver riddled with cancer, pleaded along with his wife for an organ donation.
(CNN Broadcast): This is his only chance, which means anyone out there who knows of an unfortunate, tragic situation where someone is on life support, and they are in a situation where they can donate the organ, we need the liver to go directly to Todd.
DE SAM LAZARO: The advertising and media campaign paid off. A donor liver became available. The donor's family remained anonymous but specifically directed that the liver go to Todd Krampitz.
Todd Krampitz got the transplant in late August, but it was not a happily ever after ending. His story set off a torrent of criticism.

Dr. ARTHUR CAPLAN (Medical Ethicist, University of Pennsylvania): I appreciate he had the initiative to do it, but he also knew, as any person waiting for a liver does, what the rules are. They tell you. And he knows that if he jumps ahead when he's not desperately in need that someone who was in need on that day may have died because the liver didn't go to him.
DE SAM LAZARO: In a motel near the hospital operating room where Todd Krampitz was receiving his transplant, Bobby and Sharleen Bridgeman waited -- waited for the all-important call that would tell them a donor had been located for the 49-year-old Texas truck driver.
SHARLEEN BRIDGEMAN: The kids kind of try to call about the same time every afternoon so I won't panic when the phone rings. So if it rings in between those times, we go, "Huh!"
DE SAM LAZARO: Bobby Bridgeman was diagnosed with end-stage liver disease in July. He was given about three months to live unless he got a transplant. The wait has been agonizing, says Sharleen Bridgeman, but they have stuck by the rules, as Todd Krampitz did not.
Ms. BRIDGEMAN: I was angry. I did not feel that being able to publicize on a billboard was right. I think she says she couldn't sit there and watch her loved one die. Well, I don't want to watch my loved one die. None of us does, but we've got to -- got to stick to a system.
DE SAM LAZARO: The "system" is headquartered in Richmond, Virginia at the United Network for Organ Sharing, or UNOS.
PHONE BANK OPERATOR: This is coming from Louisiana. It's a 52-year-old Caucasian female, blood group O like Oscar. She's O positive.
WALTER GRAHAM (Director, United Network for Organ Sharing): This is the nerve center for UNOS. Every patient in the country who's waiting for an organ transplant is listed on our computer system here. Every time there's an organ donation, information about that donor is placed in the computer system and matched.
DE SAM LAZARO: Donors and recipients are matched on a number of criteria. Is there biological compatibility? How close is the hopeful recipient to dying? And what is the prognosis for long-term survival with the transplant? In the 1980s, amid what appeared to be a rash of media appeals for transplants, Congress authorized UNOS in order to level the playing field for all transplant patients
Mr. GRAHAM: The U.S. Congress made the decision in 1984 that organs should be allocated in this country based on medical criteria. So in our policies, for example, we do not take into account a person's wealth, their social stature, their social worth, any of those things.
DE SAM LAZARO: Which does not mean that those things haven't mattered.
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Dr. EUGENE BOISAUBIN (Ethicist, University of Texas Medical School): America has had a very libertarian view of these kinds of things. There's been queue jumping for a long time in transplantation. Governors of states, sports stars in organizations or systems that allegedly pledged themselves to follow a queue. Usually an argument is made about a certain immediate need that justifies going ahead of others. To be honest, there are political issues, pressures, and economic ones probably come to bear.
(CNN Broadcast): ... Krampitz on hundreds of calls and letters of support.
DE SAM LAZARO: Dr. Boisaubin says the fact that Todd Krampitz was not a celebrity could explain why his case provoked public sympathy.

Dr. BOISAUBIN: Maybe there's even a certain admiration for an individual or family who somehow finds a way to sort of game the system. And for that individual, for that family, if we were put in that position, one of our loved ones was desperately ill, I suspect that many of us would say, "What can I do to really help my mother, my child?"
DE SAM LAZARO: Most of us would do whatever it took, in other words?
Dr. BOISAUBIN: Absolutely, and as far as I can ascertain, no one has described this as being illegal.
DE SAM LAZARO: There may be no legal argument with Krampitz's free-speech right to advertise. But some ethicists worry that cases like his will make the organ shortage worse. Even though new drugs can now stave off the need for transplant surgery for weeks, even months, 6,000 Americans die each year on the waiting list. Others simply don't get on the list because they lack insurance. A liver transplant costs more than $300,000.
Dr. BOISAUBIN: One of the big problems with organ donations is that the poor don't do it as much as the rich because they say, "Why should I give organs if only the rich are going to get them?" So if people with means or media savvy or connections can jump out of line and be seen as cheating and still get an organ, you may undercut, ironically, the kind of support you need to get organs.
DE SAM LAZARO: Krampitz was able to take advantage of regulations which permit so-called "directed" donations. These usually occur within families and in living donor situations -- someone donating a kidney to a sibling, for example. Ethicist Caplan wants to close what he calls a loophole.
Dr. CAPLAN: By saying you can't, for cadaver donations, direct them to particular people outside your family -- I think that is what the policy should be, and I think that is what Congress should do.
DE SAM LAZARO: However, there will likely always be complications and exceptions that make changes difficult.

Mr. GRAHAM: There's a story, for example, of a pastor who needed a heart transplant, announced to his congregation that he had to step down, go on sabbatical, and wait for a transplant. He wasn't soliciting anything, but that information then prompted someone in his congregation, when a terrible accident occurred, to donate their loved one's heart to him. Is that a bad thing? Is that a good thing? Those are questions that will be very difficult to answer.
DE SAM LAZARO: Graham says a committee at UNOS will begin examining such questions in response to cases like that of Todd Krampitz, which has already spawned look-alike efforts. However, some experts predict that if media campaigns like these become too numerous, they'll be less effective because the public would lose interest.
The Krampitz family has declined media interviews. Their Web site reports that Todd is recovering. But doctors say the prognosis is not great, judging from the severity of the liver cancer that made him a candidate for a transplant in the first place.
For RELIGION & ETHICS NEWSWEEKLY, this is Fred De Sam Lazaro in Houston.
ABERNETHY: There's better news for the other family in that story. Last week, Bobby Bridgeman got the phone call he'd waited for. Doctors at St. Luke's Episcopal Hospital in Houston say his liver transplant went without complications.
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Related R&E Stories:
Xenotransplantation (January 24, 2003)
Organ Donation (May 31, 2002)
Ethics of Organ Donations (November 12, 1999)
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Related Reading:
THE ETHICS OF ORGAN TRANSPLANTS edited by Arthur Caplan and Daniel Coelho
TRANSPLANTATION ETHICS by Robert M. Veatch
RAISING THE DEAD: ORGAN TRANSPLANTS, ETHICS AND SOCIETY by Ronald Munson
TWICE DEAD: ORGAN TRANSPLANTS AND THE REINVENTION OF DEATH by Margaret Lock
TRANSPLANT: FROM MYTH TO REALITY by Nicholas L. Tilney
THE U.S. ORGAN PROCUREMENT SYSTEM by David Kaserman and A.H. Barrett
"The Shortage of Human Organs" in ENTREPRENEURIAL ECONOMICS edited by Alexander Tabarrok
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