In the1970s, science fiction author Larry Niven envisioned a
world where the rich were so anxious to procure organs for transplantation that
the death penalty was expanded from murder to traffic infractions(1). The
liberal application of the death penalty and the likely unconsented harvesting
of organs from the condemned in China is a variant of the world that Niven
envisioned (2). Multiple sources
report that the timing of executions in China, as well as the way they are carried
out (a single bullet into the back of the head of the condemned) is intended to
optimize organ recovery. Niven also wrote stories of criminal gangs that
kidnapped people and sold their organs to those desperate for a transplant. He termed this practice
‘organlegging.’ For more than a
decade, the western press has run stories of organ selling and organ theft in
other countries, most commonly 3rd world countries such as Brazil(3). Such stuff has been fodder of
supermarket tabloids and internet conspiracy theorists far more than serious
news outlets.
The desecration of the dead and profiteering from the sale
of their tissues has been a source of sensational news in recent years. It is generally accepted that taking
tissue from the deceased without the knowledge or consent of their families is
a grisly and heinous crime, to be punished with severe criminal penalties, as
in the case of the Michael Mastromarino and his company, Biomedical Tissue
Services(4). Please note, BTS had
two sets of victims, the families of the dead, and the recipients of the
hopelessly inferior tissues BTS was selling. The most disturbing part of this story is that this is not a
story of a couple of sleazeballs in the basement of a single funeral home, but
a collection of funeral home directors and employees in 4 cities in at least 3
states. A lot of people had to look the other way for years. For the medical
profession, the saving grace in this story is that none of the principles was a
health care professional.
Patients with end stage organ failure are miserable, and
many become desperate for the transplant that could improve their everyday
existence. Those with means become
willing to expend enormous sums of money to jump to the head of the line, even
in first world countries. The
purchase of organs from living donors is explicitly illegal in most of the
western world; any market that facilitates the transfer of organs from living
donors to paying recipients is (at least presently) properly viewed as a black
market. The existence of such
black markets is the inevitable consequence of any schema that allocates organs
by needs instead of means; where a need based allocation system is utilized
instead of a free market. Recent
news items shed some light on this, the black market of organ donation.
The FBI recently arrested a man (previously mistakenly identified by myself as a Rabbi) in New Jersey who is
alleged to have brokered the sale of kidneys from donors in Israel to
recipients in the US. Press
reports represent that he purchased the kidneys for $10,000 from the donors, and
was selling them to the recipients for $160,000 (5). They also imply that he had been in this unusual line of
business for at least a decade. A
few observations are in order:
-
we don’t in fact know how many times the accused successfully orchestrated such
a transfer. It could be once, it
could be dozens of times.
-
even if he managed to pull it off once, it would have required an entire
network of health care providers to look the other way. Quite seriously, the surgeon and
transplant coordinator (and likely the transplant nephrologists as well) had to
be aware that this was an ‘international’ kidney donation that circumvented all
of the usual channels.(‘so where did you say this kidney came from?')
-
as with all black-markets, the broker is the one who makes all of the money. In
this instance, maybe more than anyone else involved.
- the Black Market value of a kidney is presently somewhere between 10 and 160 thousand dollars. No one can say what the open market value would be, but it would almost certainly be lower for the buyer and higher for the seller.
Please note, while it is generally agreed that organs should
be allocated according to need, I am not opposed to the notion that people
should be able to sell their organs. Other physicians have argued the myriad
risks and benefits that would arise if this was allowed(6). A regulated market in live kidney
donation would likely decrease the cost to the purchaser and increase the
compensation to the donor, at the expense of the profit margin of the broker.
Why now, and not 30 years ago when Larry Niven first
imagined this? There are likely multiple causes or explanations. The internet,
email, and cellular communications have dramatically simplified the
logistics. Increased ease
arranging the wire transfer of funds and increased international trade have
made it much easier to ship anything of value across international borders.
Even the increased volume of organ transplantation has made the expertise,
equipment, and drugs required to do this more available than ever before.
Perhaps more importantly, the community of health care providers, including
physicians, may have learned to ‘look the other way’ over the past quarter
century.
If the allegations in this case are upheld at trial, it will
be proof positive that there is a black market in organs in the US.
1. http://en.wikipedia.org/wiki/Organlegging
2. http://en.wikipedia.org/wiki/Organ_theft
3. http://findarticles.com/p/articles/mi_m1134/is_n8_v107/ai_21191220/
4. http://www.foxnews.com/story/0,2933,199099,00.html
5. http://www.cnn.com/2009/CRIME/07/23/nj.corruption.kidney/
http://www.latimes.com/news/nationworld/nation/la-na-nj-corrupt24-2009jul24,0,922290.story
6. http://jama.ama-assn.org/cgi/content/full/288/13/1640
http://jme.bmj.com/cgi/content/extract/29/3/137
http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2802%2908030-3/fulltext