Quality
If you are a member of the disability community and are not currently dwelling in a remote cave or Amish village, you have by now heard the story of the Children’s Hospital of Philadelphia and the decision by one of its transplant doctors to deny a kidney transplant to three-year-old Amelia Rivera at least in part because of her developmental disability. She was ineligible, the doctor said, because of “her quality of life”, or presumed lack thereof.
There have been a lot, a LOT, of responses to this story, as well as an online petition that has received a pretty staggering number of signatures in a short period of time. The hospital itself has released a brief statement, which reads in part:
We strive to provide the safest possible care for our patients and we make transplant eligibility decisions based on widely-accepted, medically valid methods, with many factors considered. We want you to know that CHOP does not have any criteria which exclude patients from being considered for transplant solely on the basis of their cognitive status. Transplant programs at CHOP have never declined a patient for transplant based solely on their cognitive status and we have performed transplants on many children with disabilities and impairments.
The hospital certainly had some wiggle room; Wolf-Hirschhorn Syndrome typically manifests with a number of challenges, some of which might very well disqualify a transplant recipient from receiving an organ. But that point is largely irrelevant now, because of the transplant doctor’s statements and, more to the point, the hospital’s statement. In particular, one word jumped out at me, twice, and I hope it jumped out at you, too.
“We want you to know that CHOP does not have any criteria which exclude patients from being considered for transplant solely on the basis of their cognitive status. Transplant programs at CHOP have never declined a patient for transplant based solely on their cognitive status…”
“Solely.”
So while the hospital maintains (as much as HIPAA allows, I suppose) that other factors might make this story more complicated that it might at first appear, that means nothing. Because the hospital is admitting, quietly and with the use of that one weasel word, that developmental disabilities and the question of “quality of life” are factors in their decision-making process.
This question of quality of life is the heart of the problem with this story; indeed, in this particular case, it could very well affect the quantity of life for little Amelia Rivera. CHOP is telling her family that this hospital’s team has decided that she is less entitled to live than another possible recipient. Amelia has been denied the right to live because she is developmentally disabled and therefor cannot possibly enjoy a measure of quality of life that another might.
It’s tempting to think that this represents a slippery slope. Poor people would certainly seem to enjoy a more diminished quality of life than those with lots of money, for example. Do the poor get booted from the list? What about patients who suffer from depression? They can’t be enjoying life all that much, right? I imagine there’s a case to be made for a higher quality of life for attractive people, too. Do the homely among us deserve to live? If the head of a transplant team is a devoutly religious believer of whatever flavor, wouldn’t they believe that atheists and agnostics enjoy a lower quality of life? Looking back, I just realized that every one of the above factors easily apply to myself. If the health industry universally followed the same rules as the Children’s Hospital of Philadelphia, I would be well and truly screwed.
The reality, however, is that none of these hypothetical factors are likely to keep anyone from receiving a life-saving transplant, with the possible exception of poverty. (Being poor gets you nothing, sorry.) When judging this mysterious idea of quality of life, it is usually those least equipped to defend their own happiness and their own sense of living an enriched life who find themselves in the crosshairs. No doctor is going to look me in the eye and say “Sorry, dude, but you’re broke, sad and ugly. No kidney for you.”
For people with developmental disabilities, especially children, the quality of the lives they live can be unknowable. But that’s not even be the point. What is the measuring stick by which that quality is determined? Do we break out our dusty old “Game of Life” board game from the closet and see who’s got the most money at the end, or the best job? Do even the most sympathetic among us apply some subtle measure of worth to those with developmental disabilities? I saw one autism advocate tweet that Amelia Rivera was being denied a transplant because “she’s not smart enough”, as if that even accurately or fairly describes developmental disability. We all have a great deal to learn, every one of us. We’re all bringing measuring sticks to the table, in some sense.
In the end, there is one person who knows exactly what Amelia’s quality of life might be, and that is Amelia Rivera herself. She’s not quite four years old, in the very early chapters of a life, and we can look at what that life is likely to involve and try to come to some conclusions. But those conclusions, based as they are on our own judgments and opinions about what make a life worth living, they mean exactly nothing, as does the judgment of a transplant doctor at CHOP. Amelia’s mother knows this; she is a powerful parent advocate whose work is going to mean the difference between life and death. If there’s anyone who is going to improve the quality of Amelia’s life, it’s her family. They’ll never give up.
As for the rest of us, the very best we can do is look at a beautiful child like Amelia Rivera, with all her challenges and in all her mystery, and appreciate how the life she lives is hers and hers alone. The quality of that life may be unmeasurable. In all the ways that matter, however, that is probably true of us all.
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Thank you Robert for your post. I have added it to Amelia’s petition site!
Thank you for articulating what I have been dwelling on all weekend. Often in my job as an NICU RN, I struggle with the balance between doing something FOR a child versus doing something TO a child because we (the adults) deem it. What is truly in the best interest of the child? How do my biases about ability, disability, the future, and quality of life impact MY practice? What is a quality life? Who decides? These are not easy questions, with no simple answers. These issues come up more often than not around here, as we deal with life, death, and the potential for harm every day. Sucks.
Having said that, people with little practical experience with a disabled child can… and DO… often underestimate the quality of life that the person enjoys. The simple moments and joy of being that come from just living a life. The assumption that “if you might need lifetime care isn’t a life worth living” is foolish and wrong. The fact that they can deny based on mental retardation…that it is an actual criteria (for a 2 year old, no less! I mean, come ON)… strikes me as a discriminatory, civil rights issue. It violates the UN charter. It violates common human decency.
I know many who paint this DR as evil, and I get that. Clearly, at the very least, he needs to work on his communication skills. But moreover, he needs to closely examine the meaning of quality of life. Five years ago I might have fallen in his camp a little more… wondering if the pain and risk associated with this type of surgery is worth the outcome. What is the value of the projected outcome? Are we extending a life (quantity) to only have a diminished quality? Yada yada yada
However, NOW… oh now I see it. I see the value. I see the wondrous beauty of just LIFE. And all those “projected outcomes”… money, status, being ‘like others’… foolishness! Strawmen! Life is this moment. Life is being loved. Loving. Going through the struggles we go through and making it.
If Amelia can safely go through the surgery, and there is no medical reason to believe that she cannot benefit from the new kidney, then she should have her shot.
Enjoyed your views on this subject. Being a person who has received two transplanted kidneys, I can appreciate how the parent’s of Amelia must feel about her needs. My heart and prayers go out to all of them.
Dave
I have to say, I picked up on the word “solely” as their “out” word.
One of the more thoughtful and insightful posts on this topic. I think those of us in the privileged position of not being disabled could easily look at someone with a disability and think “what kind of life is that?” It scares us to think what would happen if we were to somehow become disabled. How could their life compare to our full life?
But like you say so well, this isn’t our comparison to make. How can any one life compare to another? There is a child who is loved very much. There is a family who is willing to give her a kidney. Love and family and hope for the future: what more quality of life is there?
Well said!
You hit the nail on the head with this post. Thank you.
Great post. The word ‘solely’ jumped out at me at first too, and I could hardly believe that I read it from the hospital. It’s like yeah, we admit we do, but it’s not the ONLY thing we think of all the time, so it’s OK, right?!
Just one note, Amelia is not 2. She is 3 1/2 now, and will be 4 in March 2012.
Thank you for a great post about it all.
I am not supporting the decision of the physician practicing at Children’s Hospital when I make the following statement (if anything, I am embarrassed that he considers himself a doctor and that he is working at a hospital in the state I am from, and which is typically considered to be an excellent hospital for children. It is one I considered working for years ago when I was looking at Child Life positions in the area):
ALL transplant teams consider quality of life in determining eligibility for transplant. Its required by UNOS. Now, this may be different for a family donor or a kidney donor, I don’t know. I do know that I see the requirement listed by every hospital transplant team I have examined in recent months (for reasons other than Amelia’s story). If you are older, you are probably not eligible for an organ transplant. If you have other diseases, are alcoholic or drug-addicted (you have to be clean for a year or more before they will add you to the list), have severe depression, etc. It has nothing to do with feeling some people are better than others, and everything to do with a lack of viable organs.
Robert explains quit well why the quality issue is a problem as an argument
But I’d also like to add that I have direct experience that not all centers (and doctors) weigh in quality of life — UNOS (as well as insurance) only look at numbers – as if to say, “this person can now be considered a transplant candidate and can be listed.” For us, within 4 weeks, one center said YES and one center said NO to our girl’s transplant. The center that said YES was looking at her quality of life the other one said she wasn’t “sick enough.”
Mango, I think you might be missing my point. I understand that there are legitimate quality of life criteria that are health-based. (Unless you are a rich celebrity, apparently, but that is a topic for another day.)
My point is that a developmental disability is not in and of itself an impediment to living a life with inherent value and should not be a part of that criteria. Making it so is absolutely to make a judgment about the worth of kids like Amelia, and the children of many of us.
Isn’t part of the Hippocratic oath to “do no harm”? If this doctor followed this, then none of the other factors–DD, insurance, etc–should come into play. There were no (as far as I have read) complicating factors that would make the surgery risky for Amelia and therefore extend her life. The doctor denying this to Amelia was, quite simply, giving her a death sentence, which runs counter to the Hippocratic Oath.
I am proud of Amelia’s parents for bringing this issue to light. For it to happen once is too often, and I am proud of Amelia’s parents for taking this fight to the public.
I’m so glad that most of the comments here seem to think that I’m supportive of denying organ transplants based on developmental disability even though I clearly said I was not supporting the doctor and CHOPs viewpoint.
I’ll try again, though I’m not sure why… One of the requirements for ALL transplants is “quality of life” following the transplant. End of story. To say that the quality of life is diminished because of a developmental disability is wrong. It was wrong for the doctor to say this. It was wrong for the social worker to support this.
It is clear that THIS doctor is making the decision based on his view of developmental disability, and that was why I said I was embarrassed to know he was a doctor at all, let alone a pediatric doctor. So, no, Robert, I didn’t miss your point at all.
Julia: I’m VERY familiar with “you’re not sick enough” to be on the transplant list. I haven’t been exploring UNOS and OPTN because I am bored and have nothing better to do with my time.
“So, no, Robert, I didn’t miss your point at all.”
Sorry, I was going off of your defense of the whole “quality of life” issue, which in this case was based on developmental disabilities, not medical viability. If your point was “there are other medical quality of life issues that DO get considered”, well, yeah. I don’t believe I ever said otherwise. I’m not sure anyone is arguing otherwise.
I confess that I am clearly missing YOUR point now. I trust you’ll have more clarification to offer.
I feel like I need to make clear that it is THIS doctor that is wrong, and THIS social worker that is wrong, not the guidelines for the transplant process.
This doctor, this social worker… they are the ones that are wrong. I don’t think the guidelines for transplants are wrong. Until we have a better way of distributing organs and making sure that those who need them can get them in a better fashion, we need to make sure that those getting the organs are able to have a positive quality of life with them. This means that if you’re alcohol or drug addicted and not willing to change that behavior, you probably shouldn’t be given a new organ. It means that the doctors and hospitals need to take steps to ensure that if you are depressed because of needing a transplant, and because of the requirements of the transplant that change your life after, the needed help is provided.
Quality of life is a nebulous, hard to grasp concept. It definitely runs the risk of what we are seeing here. The correct response is not to condemn the transplant guidelines, but to condemn (and educate, if possible) those who believe quality of life is poor for those with developmental disabilities.
(Now, if they can’t be educated, they should be sent to a remote island where they can’t cause further harm, but that is for a totally different post!)
Rob. As the prior poster noted contrary to what you posited serious
depression and other mental illness is indeed a factor in transplant decisions. These issues are felt to impact long term ability to maintain the routines required in a transplant patient. Chop has not said cognitive ability is a factor because of quality of life issues. There are other reasons though it can be one factor considered.
Depression and mental illness have nothing to do with developmental disability or cognitive ability. They are a red herring in this discussion. Developmental disabilities are not medical viability issues; why treat them as such?
They are issues because you contended that none of the hypotheticals that you posited would have impacted negatively on a transplant decision. That is simply untrue when it comes to mental illness which was one of the hypotheticals you mentioned. Again. Chop did not say it was a quality of life issue. I do think cognitive ability needs to be considered as one f many factors that can impact long term issues with a transplant. Just as mental health. And other issues are factors to be considered.
I can only begin to imagine how difficult it must be to decide who gets transplants and who doesn’t, but I am having an extremely hard time with a hospital, or anyone, who decides that one life has more value than another life. The whole concept of quality of life is judgmental. Who is to say that this child does not have a life of quality? Who is to say what quality is? How does one define or measure quality of life?
When a segment of society starts determining that certain lives are more valuable than other lives, we begin a very slippery slope of thinking we get to determine “who shall live and who shall die” (Unetanah Tokef Prayer-Rosh Hashanah/Yom Kippur Liturgy).
Today, my 19 yo daughter is in Poland, at Auschwitz, where some believed and convinced others that some lives had value and some lives didn’t and therefore should be exterminated. We have to be very careful that the human race does not go down that road again.
And let us not forget that the world looked the other way and let it happen.