RESEARCH ETHICS 101 “The voluntary consent of the human subject is absolutely essential.” - Nuremberg Code 1947 Work of the United States Govt RESEARCH ETHICS 101 “The voluntary consent of the human subject is absolutely essential.” - Nuremberg Code 1947 Or is it . . . Work of the United States Govt EXCEPTION FROM INFORMED CONSENT Exception From Informed Consent (EFIC) guidelines, also known as Final Rule, issued by FDA & HHS in 1996 EXCEPTION FROM INFORMED CONSENT What conditions would make research without informed consent okay? EXCEPTION FROM INFORMED CONSENT • Life-threatening situation • Available treatments are unproven or unsatisfactory • Participation holds potential for direct benefit • Research could not be carried out without waiver • Community consultation and public disclosure Biros 1999, Biros 2007 EFIC CONTROVERSIES • Undermines autonomy • Autonomy removed by the patient’s clinical condition, not the research • Future patients who may benefit override current participants • Burden is on those who choose to opt out • Therapeutic misconception • Slippery-slope PUBLIC ACCESS TO DEFIBRILLATION • Study of CPR vs. CPR + publically available AED • Almost twice the survival in AED group • Established effectiveness of public AEDs • Direct benefit both to participants and to future patients PAD TRIAL INVESTIGATORS 2004 POLYHEME STUDY • Phase III RCT of blood substitute for hypotensive trauma patients • Prehospital (Polyheme vs normal saline) & in-hospital (Polyheme vs blood) • Increased mortality in Polyheme recipients, primarily from cardiac events • Is in-hospital transfusion of blood for hypotensive trauma “unproven or unsatisfactory treatment”? • Manufacturer did not disclose results of prior studies showing increased risk of heart attack . . . but WSJ did! APTE 2008, KIPNIS 2006, MCKENNA 2006 POLYHEME STUDY • 2008 meta-analysis of five blood substitutes (incl. Polyheme) • Lead author NIH scientist, co-authors from Public Citizen • 30% increase in overall mortality risk • Nearly triple the risk of heart attack • Increased risks could have been recognized in 2000 NATANSON 2008 EXCEPTION FROM INFORMED CONSENT • Are there enough safeguards? • Should these studies be conducted in vulnerable populations? • Do you know if you might be a research subject?
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