USA: Doctor who performed first quintuple kidney transplant admits procedure might be illegal under U.S. law - calls for new legislation

Record ID: 555915

  • Title: USA: Doctor who performed first quintuple kidney transplant admits procedure might be illegal under U.S. law - calls for new legislation
  • Date: 21st November 2006
  • Summary: (AM) BALTIMORE, MARYLAND, UNITED STATES (NOVEMBER 14, 2006) (JOHNS HOPKINS UNIVERSITY HOSPITAL HANDOUT) SURGEON WALKING FROM ONE OPERATING ROOM TO ANOTHER DOCTORS WORKING DURING SURGERY DOCTOR'S HANDS AS HE STITCHES PATIENT WIDE OF OPERATING ROOM AND MEDICAL STAFF WORKING
  • Embargoed: 6th December 2006 12:00
  • Keywords:
  • Location: Usa
  • Country: USA
  • Topics: Health
  • Reuters ID: LVAA1OZ1J3JXT4XC1N0SEVKYABIQ
  • Story Text: Surgical teams at Johns Hopkins University Hospital said Monday (November 20) that they have successfully completed the first five-way donor kidney "swap" amongst 10 individuals. But the lead transplant surgeon admitted at a press conference that the procedure, which may have saved five lives, may not have been legal under U.S. law.
    The unusual procedure involved four donors who had spouses or children that needed new kidneys. However, those donors were incompatible to donate to their loved ones. Johns Hopkins found other recipients who were a match however. In return, the un-related recipients, provided relatives that were willing to donate a kidney to the first donor's loved-one. The group kidney transplants are being called a "swap" or a "domino donor transplant."
    A fifth, so-called "altruistic" donor gave up one of her kidneys, and received nothing in return. She said she did it to honour her husband and daughter who both died recently in unrelated situations.
    Doctor Robert Montgomery, Director of the Comprehensive Transplant Center At Johns Hopkins, said that U.S. law written in the 1980's intended to prevent an illegal market of organ transplants, may make the five-way swap illegal - because four of the donors received something in return - a kidney for their loved-one.
    "So the National Organ Transplant Act, NOTA, which was passed in the early '80's - there's one section in that says that a donor cannot receive valuable consideration for donating an organ. What they had in mind, at the time, was a new car, or money or some sort of payment. But some have interpreted that as a prohibition against any quid pro quo, any tit for tat, in terms of getting something in return for donating an organ," Montgomery said.
    Montgomery is calling for new legislation to be passed by congress to clarify the law, and allow "swaps" to continue. He says that if the laws are changed, a new database could be formed of donors willing to give-up a kidney in order to help a friend or relative waiting to receive one in return. According to Montgomery, approximately 3,000 people who are waiting for kidneys from donors could receive kidneys much more quickly if a new database and system for "swapping" is developed.
    "I'm not trying to challenge the Justice Department. This is the right thing to do. We know that these five people would not have been able to receive a transplant if we were not able to do this exchange. So, quite honestly I think this is just a language problem in a law that is 26-years-old, and I think that it's going to get cleared up - and yes this is an opportunity to get the word out that it needs to be cleared up," Montgomery said.
    "Honey" Rothstein was the "altruistic" donor who gave up a kidney. She said that she was unable to save her own daughter who died of a drug overdose, but was happy to do something that could help save another woman's daughter.
    "It just touches my heart that I'm giving to a daughter. I couldn't save my daughter. To save her daughter is kind of cool. It's strong. It's an overwhelming feeling, and I thank God for it. I'm able to do it," Rothstein said.
    Kristine Jantzi, who received Rothstein's kidney, said that she hoped that she hoped this method of giving and receiving organs could grow into a larger programme.
    "Perhaps this will be a way to jump start this programme nationwide to make more of this possible because I think there are so many people people who I've talked to who would love to have donated - or for their loved ones - but just don't understand or have the access to the programme like this," Jantzi said.
    Kristine Jantzi's mother Florence Jantzi donated a kidney to George L. Brooks, a semi-retired mechanic who was suffering from end-stage renal disease as the result of hypertension. Mr. Brooks wife donated one of her kidneys to another. And it continues.
    The fifth recipient, Sheila Thornton was on at the top of a organ waiting list. She did not have a relative to donate.
    There were no "extra" kidneys produced by the group.
    The surgeries all took place on November 14. The 10-hour marathon of surgeries occupied six operating rooms staffed by twelve surgeons, eleven anaesthesiologists and eighteen nurses at the Johns Hopkins Hospital.
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