Organ swapping

Hasting Center Report

Volumn 29, Issue 6, 1999, Pages 28-34

  Menikoff, Jerry ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; CADAVER; DONOR; ECONOMICS; HUMAN; LEGAL ASPECT; LIVING DONOR; METHODOLOGY; TRANSPLANTATION; UNITED STATES;

CADAVER; HUMANS; LIVING DONORS; TISSUE AND ORGAN PROCUREMENT; TISSUE DONORS; UNITED STATES;

EID: 0033219595     PISSN: 00930334     EISSN: None     Source Type: Journal    
DOI: 10.2307/3527869     Document Type: Article

References (44)

1. PrimeTime Live, ABC Television, 15 October 1997. The frequent sense of outrage about such conduct may relate to a worry that the executions are partially motivated by the financial benefits that could come from the sale of the organs.
2. Richard Schwindt and Aidan R. Vining, "Proposal for a Future Delivery Market for Transplant Organs," Journal of Health Politics, Policy and Law 11 (1986): 483-500;
3. Howard S. Schwartz, "Bioethical and Legal Considerations in Increasing the Supply of Transplantable Organs," American Journal of Law and Medicine 10 (1985): 397-437;
4. American Medical Association, Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotation (Chicago: American Medical Association, 1996), Opinion 2.15, "Financial Incentives for Organ Donation," pp. 29-30.
5. Indeed, the proposed kidney swap is only a minor variant of a number of proposals to increase the supply of organs by giving nonmonetary compensation to donors. Under these proposals, an organ donor or her family is provided a benefit such as preferential access to future donated organs. See James Muyskens, "Should Receiving Depend upon Willingness to Give?" Transplantation Proceedings 24 (1992): 2181-84;
6. Irwin Kleinman and Frederick H. Lowy, "Ethical Considerations in Living Organ Donation and a New Approach," Archives of Internal Medicine 152 (1992): 1484-88;
7. David Peters, "A Unified Approach to Organ Donor Recruitment, Organ Procurement and Distribution," Journal of Law and Health 3 (1988): 157-87;
8. Charles R. Eisendrath, "Used Body Parts: Buy, Sell or Swap?" Transplantation Proceedings 24 (1992): 2212-14.
9. Lainie Friedman Ross, David T. Rubin, Mark Siegler et al., "Ethics of a Paired-Kidney-Exchange Program," NEJM 336 (1997): 1752-55.
10. The first person to suggest a program of this nature appears to have been George Annas. He addressed this issue in testimony during the Congressional hearings that resulted in legislation banning the sale of organs. Procurement and Allocation of Human Organs for Transplantation: Hearings Before the Subcommittee on Investigations and Oversight of the Committee on Science and Technology, U.S. House of Representatives, 98th Cong., 1st Sess. 319, note 6 (1983).
11. Richard A. Posner, The Economics of Justice (Cambridge, Mass.: Harvard University Press, 1983), p. 61.
12. Section 1031, Internal Revenue Code of 1986.
13. Thomas H. Murray, "On the Human Body as Property: The Meaning of Embodiment, Markets, and the Meaning of Strangers," University of Michigan Journal of Law Reform 20 (1987): 1055-88;
14. James F. Childress, "Ethical and Legal Issues Regarding Cadavers," in Encyclopedia of Bioethics, rev ed., ed. Warren T. Reich (New York: Simon & Schuster Macmillan, 1995), pp. 1857-65;
15. Jesse Dukeminier, Jr., "Supplying Organs for Transplantation," Michigan Law Review 68 (1970): 811-66;
16. Robert A. Sells, "The Case Against Buying Organs and a Futures Market in Transplants," Transplantation Proceedings 24 (1992): 2198-202;
17. Edmund D. Pellegrino, "Families' Self-interest and the Cadaver's Organs: What Price Consent?" JAMA 265 (1991): 1305-306;
18. Dilip S. Kitur, M. Michele Hogan, Vinod K. Thukral et al., "Incentives for Organ Donation?" Lancet 338 (1991): 1441-43.
19. American Medical Association, Code of Medical Ethics;
20. Guido Calabresi and Philip Bobbitt, Tragic Choices (New York: Norton, 1978);
21. Lloyd R. Cohen, "Increasing the Supply of Transplant Organs: The Virtues of a Futures Market," George Washington Law Review 58 (1989): 1-51;
22. Henry Hansmann, "The Economics and Ethics of Markets for Human Organs," Journal of Health Politics, Policy and Law 14 (1989): 57-85.
23. Childress, "Ethical and Legal Issues Regarding Cadavers";
24. Pellegrino, "Families' Self-interest."
25. Muyskens, "Should Receiving Depend upon Willingness to Give?"
26. James F. Childress, "Ethics and the Allocation of Organs for Transplantation," Kennedy Institute of Ethics Journal 6 (1996): 397-401.
27. American Medical Association, Code of Medical Ethics;
28. Paul J. Hauptman and Kevin J. O'Connor, "Procurement and Allocation of Solid Organs for Transplantation," NEJM 336 (1997): 422-31.
29. Hauptman and O'Connor, "Procurement and Allocation of Solid Organs";
30. Gloria Taylor, "Organs for All" [In Brief], Hastings Center Report 27, no. 3 (1997): 46-47.
31. Alexander Morgan Capron, "More Blessed to Give Than to Receive?" Transplantation Proceedings 24 (1992): 2185-87;
32. T.K.K. Iyer, "Kidneys for Transplant - 'Opting Out' Law in Singapore," Forensic Sciences International 35 (1987): 131-40.
33. National Organ Transplant Act, Pub L No 98-507 (1984).
34. Ross, Rubin, Siegler et al., "Ethics of a Paired-Kidney-Exchange Program," p. 1754.
35. Gregory S. Crespi, "Overcoming the Legal Obstacles to the Creation of a Futures Market in Bodily Organs," Ohio State Law Journal 55 (1994): 1-77.
36. In addition, an official determination has been made that a form of kidney swap transaction would violate the law in the United Kingdom, where the recipient of an organ cannot give "money or money's worth" for an organ. Robert A. Sells, "Paired-Kidney-Exchange Programs" [Letter], NEJM 337 (1997): 1392-93.
37. Amy Goldstein, "Woman Alleges Fiancé Stole her Heart, Brother's Kidney; Lawsuit Highlights Ethical Complications of Organ Donation," Washington Post, 21 October 1997.
38. Mark Stodghill, "Minnesota Judge Dismisses Much of Kidney Case Against Duluth Millionaire," Duluth News-Tribune, 22 January 1998.
39. Margaret Engel, "Insurance Firm's Organ Transplant Idea May Be Investigated," Washington Post, 9 September 1985.
40. Iyer, "Kidneys for Transplant."
41. Two of the leading proponents of compensation-based organ procurement systems have proposed a variant of such a plan, in which the donor herself, and not just her family members, would get the priority. Richard Schwindt and Aidan Vining, "Proposal for a Mutual Insurance Pool for Transplant Organs," Journal of Health Politics, Policy and Law 23 (1998): 725-41. They contemplate a government-run insurance pool - a variant of the private proposal that triggered Sen. Gore's Justice Department investigation - in which "an individual would receive priority for any needed transplant if that individual agrees that his or her organs will be available to other members of the insurance pool in the event of his or her death."
42. Sheryl Gay Stolberg, "Pennsylvania to Break Taboo On Reward for Organ Donations," New York Times, 6 May 1999.
43. Jerome Groopman, "The Moral Way to Pay for Human Organs," New York Times, 7 May 1999.
44. Gina Kolata, "Controversy Erupts over Organ Removals," New York Times, 13 April 1997.