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    NJ parents: Disabled girl was denied transplant

    PHILADELPHIA (AP) — The parents of a 3-year-old New Jersey girl say she's being denied a kidney transplant because of her mental disabilities, but experts caution the situation may be much more complex.

    The girl's mother, Chrissy Rivera, last week posted a blog entry that described an encounter she claimed happened at The Children's Hospital of Philadelphia. She said she was there to discuss treatment for her daughter, Amelia, who was born with Wolf-Hirschhorn syndrome, a rare genetic defect that can cause physical and mental disabilities.

    Rivera wrote that a doctor, whom she did not name, told her and her husband, Joe Rivera, that Amelia wouldn't be eligible for a transplant because of her quality of life and her mental condition.

    "I put my hand up. 'Stop talking for a minute. Did you just say that Amelia shouldn't have the transplant done because she is mentally retarded. I am confused. Did you really just say that?'" she wrote. "I begin to shake. My whole body trembles and he begins to tell me how she will never be able to get on the waiting list because she is mentally retarded."

    Rivera's story was seen by Sunday Stilwell, the mother of two severely autistic boys, and she began an online petition last Friday, demanding that the hospital give a transplant to the girl. By Wednesday morning, nearly 25,600 people had signed it.

    "I read Chrissy's original blog post, and I just cried. I couldn't believe it," said Stilwell, whose boys are 6 and 9. "I shared it on Twitter with all my followers and on Facebook."

    Children's Hospital said in a statement that it "does not disqualify potential transplant candidates on the basis of intellectual abilities."

    "We have transplanted many children with a wide range of disabilities, including physical and intellectual disabilities," it said, adding that it is "deeply committed" to providing the best possible medical care for all children, including those with disabilities.

    The hospital did not comment further, citing patient confidentiality laws, but noted the debate on its Facebook page.

    "We're listening. We hear your concerns and take seriously your posts, emails and phone calls," it wrote, adding, "Please know that you have been heard and that your feedback is appreciated."

    Stilwell has been in contact with Rivera daily over the events.

    "There's a lot of camaraderie" between parents of special-needs kids, Stilwell said. "Almost all of us, across the board, have experienced some discrimination. I've certainly had some bad run-ins with some certainly ignorant doctors, but nothing like this. That's part of the reason I did it. I couldn't actually believe this was happening."

    Messages seeking comment from the Riveras through Facebook and to their home were left Wednesday.

    The issue the Riveras face is not simple, said Arthur Caplan, director of the University of Pennsylvania Center for Bioethics.

    For example, the blog notes that Rivera told the hospital that "we plan on donating" the kidney, since they come from a large family.

    "Most adults can't donate an organ, because it won't fit" a child, Caplan said. "You're starting to say you're going to use another child as a living donor, and that's ethically really trouble."

    The supply of organs for child transplants is "extremely limited," Caplan added.

    "So you have hard choices to make," he said. "Dialysis may be a better option."

    However, in recent years some hospitals have pioneered ways to use an adult's kidney in a child.

    According to the National Institutes of Health, 87,820 people were awaiting kidney transplants as of last February. The National Kidney Foundation, which seeks to enhance the lives of people affected by kidney disease, said 4,573 patients died in 2008 while waiting for kidney transplants.

    A 2006 study from Ohio State University on kidney transplants for patients with mental disabilities found that the one- and three-year survival rates for 34 people were 100 percent and 90 percent, respectively.

    "The studies reported good compliance with post-transplant medications due to consistent support from family members or caregivers," the paper noted.

    The researchers added that previous controversies over mental disabilities and transplants led the Joint Commission on Accreditation of Healthcare Organizations to express concern that many people with disabilities are "denied evaluation and referral for transplantation."

    Rivera's blog noted that doctors said Amelia won't need a transplant for six months to a year.

    Some experts said that if Rivera's claims are accurate, the hospital's actions are very disturbing.

    "Everyone deserves an equal chance to these organs, regardless of your mental capacity," said Charles Camosy, a professor of Christian Ethics at Fordham University.

    Camosy said that while it's true that there are shortages of kidneys and other organs, the criteria used to make transplant decisions "should not ever devalue those that are mentally disabled."

    "This is a growing movement that transcends liberal or conservative that says this kind of life, because it's so vulnerable, it deserves special protection," he said.

    Whatever the medical details of Amelia's situation, her mother's blog captured the anger of parents with disabled children who don't want outsiders to decide life and death issues.

    "Do not talk about her quality of life," Rivera wrote of her exchange with the doctor last week. "You have no idea what she is like. We have crossed many, many road blocks with Amelia and this is just one more. So, you don't agree she should have it done? Fine. But tell me who I talk to next."

    Mary Beth Happ, a professor at the University of Pittsburgh Medical Center whose research focuses on communication with non-vocal patients, said that the issue of severe mental disability and kidney transplants has been a source of contention for nearly two decades.

    "Co-existing health problems such as weakened immune system and/or heart disease, which are prevalent in (Wolf-Hirschhorn syndrome), are an additional risk that transplant centers and parents must consider," Happ wrote in an email.

    But Happ and Caplan noted that it's virtually impossible to have a full discussion of Amelia's case because of medical privacy laws.

    "We're seeing this more and more where very private, difficult medical decisions are debated in the media without the full facts," Happ said, adding that while the general discussion can be good, the risks of one side or another inflating the situation is "really problematic."

    Caplan said he has heard of cases in which other transplant programs considered severe mental disability as a factor in transplants.

    "With scarcity, social factors do count, with every transplant," he said.

    ___

    Begos reported from Pittsburgh.

    ___

    Follow Matt Moore at www.twitter.com/mattmooreap

    ___

    Online:

    Rivera's Blog: http://bit.ly/xAmRaV

     

    69 comments

    • RichardR  •  Statesville, North Carolina  •  4 mths ago
      The reason this little girl was refused a transplant is that she has a terminal syndrome and will not live very long. It just also happens she is developmentally delayed. If you take the personal feeling out of the story ... who should get the transplant, an otherwise healthy patient or a child with minimal life expectancy. It is sad for the family but transplant organs are hard to come by.
      • Christine Souders 4 mths ago
        There is no way to tell how long the child would live if she was given the transplant. My friend has a daughter with this same syndrome and was told she would not live past three and she is 16. Who made the medical community God? It is not the little girls fault that she is sick...someone needs to go to bat for her.
      • kxbpy 4 mths ago
        Christine - So some kid that is healthy and normal should be denied?
      • IslandGirl 4 mths ago
        @Christine Because of the scarcity of organs, the medical community is forced to make difficult choices. They therefore have to go with the patient who has the greatest probability of a successful transplant and a longer life with the donated organ. All people (not just children) with additional medical conditions that make them less than ideal transplant candidates are placed lower on the list.

        The fact that your friend's daughter beat the odds is great, but she is still an exception and not the norm for this condition. When you only have a limited supply of organs, you can't base your decisions on exceptions, you have to go with the most likely probability based on statistical facts.
    • Veronica  •  New Orleans, Louisiana  •  4 mths ago
      The kidneys are scarce for a child and her condition also coincides with a weakened immune system. She is not a good candidate. An available kidney should go to a child with a greater chance of survival. My brother was in a similar state, mentally retarded, type 1 diabetic, born with one kidney, and also a non compliant and often psychotic adult. A kidney would have been wasted on him. He died on dialysis. Death is a part of life.
    • EchoW  •  Green Bay, Wisconsin  •  4 mths ago
      The Mothers selective hearing is at play here. I don't believe for one single second that this child would be denied a transplant SOLELY based on her mental retardation. She has accompanying health issues related to her Wolf-Hirschhorn Syndrome and THAT is why she is being denied. It would be ethically irresponsible of any transplant surgeon to implant a precious organ into any 'body' that could not sustain life with it. I'm so sorry for this little girl and her family, but there is much here...from a medical standpoint...that is not being released.
      • marcyj 4 mths ago
        The mother is obviously greiving the inevitable, and of course all pertinent information cannot be released. What many do not understand is that the mothers of the disabled have a 24/7 life of having to advocate, and sometimes "bulldoze" to get the proper care for their child (ren). Of course an organ should go to the most viable candidate, but to sit idly by and watch your baby die must be horrific. The docs should present that if a family member can safely donate, and private insurance will pay, they will consider the surgery. This mother may reconsider with a clearer mind when presented with options for her child versus an absolute denial.
      • kxbpy 4 mths ago
        Being retarded should be adequate reason.
      • Chris 4 mths ago
        From what I have read about the syndrome that this child has it is likely the operation would kill her.
    • K2  •  Dallas, Texas  •  4 mths ago
      This is not a simple matter of mental deficiency causing ineligibility, as the mother appears to think. Wolf-Hirschhorn syndrome comes with myriad physical problems many of which could make her ineligible. The article can not give us all the facts due privacy laws. But there is no law against devisive sensationalistic journalism.
    • gms  •  4 mths ago
      Lets hear the rest of the story please. Can we get the doctors version?
      • EchoW 4 mths ago
        Sadly, the Doctors involved here will honor their HIPPA obligation, while the parents trash them in the media, non stop. I have no doubt there is much more to this story and if the Doctors COULD speak about this case, we'd hear it.
      • Kirstin 4 mths ago
        Yep. Only once the *parents* authorize the hospital to release information can the hospital speak and give their side. And what are the odds of the parents doing that?
    • sharon  •  Kansas City, Missouri  •  3 mths ago
      This is absurd! I had a brother and sister who were mentally disabled and this is hitting really close to home, but putting that aside is this not a case of discremenation of some kind? Does she not deserve the right for a kidney transplant as a child without a disability?? Maybe if she were Mickey Mantle who received 2 liver transplant's cuz of who he was, and he ruined his liver's by drinking too much? What a crock!
    • Jennifer  •  Hagerstown, Maryland  •  4 mths ago
      did the author of this article not read what they published...
      Co-existing health problems such as weakened immune system and/or heart disease, which are prevalent in (Wolf-Hirschhorn syndrome), are an additional risk that transplant centers and parents must consider," Happ wrote in an email.
      period! this child is not eligible due to other health issues! BUT because all of these people are up in arms about her being mentally slow this child will most likely get a kidney and someone who is more physically stable will not. way to go big mouths!!
      • Grrrrr. I'm a bear! 4 mths ago
        Did you not read the article? A family is donating the kidney, which they would likely not if it weren't for the little girl. Thus the kidney is not available to everyone nor is she's taking it from a "more worthy" candidate. Also, without the transplant she will likely die. With the transplant she "might die"? Thats your logic as to why she's not eligible? Did you not read that those conditions are "additional risk that parents must consider", not, "reasons why such a transplant type should never go forward?
      • IslandGirl 4 mths ago
        @Grrr The article also said that an adult to child transplant was unlikely to be possible and a child to child transplant within the family unethical. It's not guaranteed that they even have a donor who would match. You should read the whole article before criticizing others for not reading.
    • Jim  •  Philadelphia, Pennsylvania  •  4 mths ago
      What is not being stated here because of privacy laws are that this poor babies chance of survival is minimal due to her paticular disease and not because of her mental capabilities, you are hearing one side of the story only so of course it will be distorted to a degree, it is unfotunate for the parents and the baby but if the doctor gets an oportunity to give his reasons, it may clear up allot of misconceptions.
      I pray that the child is able to get a kidney transplant if it is feasable and not going to deny another child of the kidney that may not give the child in question a chance at surviving.
    • Jason  •  San Diego, California  •  4 mths ago
      I hate to sound cold but if two children both needed the same kidney I would have to give it to the child with the best chance of becoming a productive member of society. Sometimes hard choices have to be made.
      • marcyj 4 mths ago
        I agree, and this is very difficult. We must however, be compassionate to the disabled and their families. They have had to live a life that most can only imagine with horror. If the people in this story have a family member who is a match, and private insurance willing to do the surgery, it shold be their option.
      • kxbpy 4 mths ago
        Private insurance does not mean the public doesn't end up paying.
      • IslandGirl 4 mths ago
        @Marcyj That would be also pose a difficult ethical choice. Should this family risk the health of an adult or child in the family who is a match to extend the life of a child that may live only a short time after the transplant? Adult family members might be able to willingly make the sacrifice, but using another child as a donor would be unethical.
    • barbara  •  4 mths ago
      If kidneys were easy to come by then there would be no reason to have guidelines in place, but that's not the real world, kidneys available for donation are a lot fewer than the lists of otherwise healthy people in need of them. People with Wolf-Hirschhorn syndrome aren't otherwise healthy people they have shorten lifespans and a multitude of health issues. Kidneys for children are in even shorter supply than kidneys for adults so do you save a child with a shorten lifespan or a child who may live to be 90?
    • LandMan  •  Los Angeles, California  •  4 mths ago
      We deny transplants based on age as well, and where is the big fuss there? If you are 90 years old and only expected to live a few more years, you are not likely to be on that list. Transplants eligibility is extremely discriminatory, as it should be. I understand the parents' feelings and I am likely to feel the same way, but...that doesn't change the fact that there is a very limited supply and someone has to make life and death decision based not on the "squeaky wheel" basis, but on survival expectancy.
    • RichardR  •  Statesville, North Carolina  •  4 mths ago
      The hospital could have put the child on the list but never brought her to the top of the list for the transplant. This happens.
    • JF  •  Los Angeles, California  •  4 mths ago
      transplants are a very difficult thing to decide and many factors play into the situation...organs are few and precious, and yes the quality of life, the length of life and many factors are considered...and being handicapped and mentally disabled does make it a less favorable situation when the decision process is being made...this is sad but true...money, age, insurance, DNA, condition of the patient etc..the list is long and considering the future of the person is also important....it has to be this way...
    • Christopher  •  Ithaca, New York  •  4 mths ago
      It's called triage, plain and simple. You save the ones who can be saved, you don't waste time and resources on those who cannot.
    • Dita  •  4 mths ago
      3 sides to every story, yours, mine and the truth......this is very one sided, very sorry for the parents of the sick little girl....but if her under lying condition IS terminal, no way they will transplant her....hell, they didn't want to give my 76 yr old father chemo cause he was too old....sometimes the complications and side effects from treatments and surgery are worst than the original condition.
    • Gryff  •  4 mths ago
      Sorry, but she shouldn't get the transplant.
    • Beverly  •  Westfield, Massachusetts  •  4 mths ago
      Ahhh but it is a social question. Do we use resources we need as a society to save the life of one who can never contribute or do we save it for one who has the "potential" to contribute to the greater whole but is too young to yet prove or display that they would be worthy?
      We have not yet gotten to the place where we can recreate organs easily. So the question remains. Who do you use up finite resources on? It only makes sense to choose those most viable options but if it were my child how could I sit by and watch them die?
    • Mic  •  4 mths ago
      I agree with the doctors. Those resources should be utilized where they will most benefit society. Specifically to improve the situation of someone that will likely offer more to the world than a retarded individual.
    • tiffany  •  New Orleans, Louisiana  •  4 mths ago
      This has been a debate since modern medicine. Do we save those who are more viable at the risk of losing the sick? In the animal kingdom, which humans are still members of, the sick and weak animals are either destroyed by their respective communities or left to die. This is to promote the viability of the unit as a whole and also weeds out damaging DNA. While it may seem cruel, the attempt to save a life that is already "low quality" is not logical. Nor is it logical to spend your fortune and tax payers funding on extremely expensive therapies to extend the lives of the sick or elderly who have illnesses that are too far advanced. In the world of the animal kingdom, this child would not have lived beyond the day of her birth. The sick and incapable cannot live on their own, they cannot work, cannot financially care for themselves. I understand that it is difficult for both the parents of these children and society to accept, but these transplants and treatments should only be used for those who will go on and have a high quality" life.
    • codkilla  •  New York, New York  •  4 mths ago
      i am a living kidney donor and for the record i wanted my precious kidney to go into the best possible enviroment. if my friend had any other medical problems or drug/alcohol situations it was not going to happen. these doctors assesment was based soley on their commitment to do what was best for society as a whole not just this isolated case
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