D
didymus
Guest
Slate:
One would have hoped such practices stopped with the Tuskegee experiments.
Non-Consenting Adults
Code:Sixty-five years ago in Nuremberg, Germany, American prosecutors confronted the Nazi physicians who had subjected Jews and others to a murderous regime of medical research. The "doctors' trial" was the first of the war crimes trials; one of its outcomes was the famous [Nuremberg Code, a set of ethical guidelines for human experimentation](http://ohsr.od.nih.gov/guidelines/nuremberg.html). The first tenet of the code is very clear: "The voluntary consent of the human subject is absolutely essential." Today, the Nuremberg Code is the most important influence on U.S. law governing human medical research. Even so, marginalized groups have frequently been coerced into studies that violate their right to consent. A recent review of the bioethics of human research in the U.S. offers little prospect for change.
Code:My book [*Medical Apartheid*](http://www.amazon.com/gp/product/076791547X/ref=as_li_ss_tl?ie=UTF8&tag=slatmaga-20&linkCode=as2&camp=1789&creative=390957&creativeASIN=076791547X) documents many cases. In 1994, for example, the Medical University of South Carolina in Charleston was accused of [enrolling poor black women into narcotic-treatment research](http://articles.baltimoresun.com/1994-01-21/news/1994021188_1_south-carolina-hospital-prenatal-care-women-for-drug) without their knowledge. The next year in Los Angeles, an [experimental measles vaccine](http://articles.latimes.com/1996-06-17/news/mn-15871_1_measles-vaccine) was tested on children, mostly black and Hispanic, without their parents' consent. In 1994 and 1995, New York City law enforcement officials helped researchers coerce black parents into enrolling their boys into a [study](http://www.nytimes.com/1998/04/15/nyregion/experiments-on-children-are-reviewed.html) that sought to establish a genetic propensity for violence, again without their consent. And in 2001, the Kennedy Krieger Institute in Baltimore was [found guilty by a Maryland court](http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1470603/) of encouraging black families to move into lead-contaminated housing as part of a study on lead levels in children (the verdict was later overturned).
[sigh]Code:Since the 1980s, around 20 U.S. research projects have won legal waivers allowing them to bypass any form of consent. From 1990 until 2005, for example, the Department of Defense obtained a waiver that allowed it to force 8.9 million ground troops to accept inoculation with experimental anthrax vaccines. Civilians' rights are violated too. In 1996, [U.S. law was changed to permit non-consensual research on trauma victims](http://www.fda.gov/downloads/RegulatoryInformation/Guidances/UCM249673.pdf) on the pretext that they are unconscious and unable to give their consent. Private companies, for whom time is money when seeking approval to sell their products from the U.S. Food and Drug Administration (FDA), were quick to see the advantages in enrolling subjects who could not refuse. In 2003, biotechnology company Northfield Laboratories set up a nationwide trial of its blood substitute PolyHeme. The substance was randomly administered by ambulance crews to unconscious victims of car accidents, shootings and cardiac arrests.
One would have hoped such practices stopped with the Tuskegee experiments.