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Experiments with Static Electricity in the Nursery: Ethical Complexities in Pediatric Research Benjamin S. Wilfond MD Seattle Children’s Hospital Treuman Katz Center for Pediatric Bioethics Center for Clinical and Translational Research University of Washington Division of Bioethics, Department of Pediatrics Center for Genomics and Healthcare Equality, Department of Bioethics and Humanities Regulatory Support and Bioethics Core, Institute of Translational Health Sciences When are randomized controlled trials appropriate in pediatrics? • Placebo controlled trials of controller medications for asthma? NHLBI asthma guideline adherence in clinical asthma trials including children (n = 70) Coffey, M. J. et al. Pediatrics 2004;113:87-94 When are randomized controlled trials appropriate in pediatrics? • Placebo controlled trials of controller medications for asthma? • RCT of newborn screening for cystic fibrosis? Impact of cystic fibrosis newborn screening on height and weight in a trial involving 650,000 randomized children Farrell, P. M. et al. Pediatrics 2001;107:1-13 When are randomized controlled trials appropriate for surgical interventions? • Video-assisted thoracoscopic surgery and fibrinolytics for empyema? Comparison of urokinase and video-assisted thoracoscopic surgery for treatment of childhood empyema Am J Respir Crit Care Med. 2006 Jul 15;174(2):221-7 When are randomized controlled trials appropriate for surgical interventions • Video-assisted thorascopic surgery and fibrinolytics for empyema • Arthroscopic surgery vs placebo surgery for osteoarthritis A controlled trial of arthroscopic surgery for osteoarthritis of the knee N Engl J Med. 2002 Jul 11;347(2):81-8. What is special about pediatric research? • Historically both “understudied” and “overstudied” • Children may be vulnerable to • Not understand the risks and benefits of research • Not be able to object to enrollment • Children may enroll in research • Not in their interest • Against their wishes • “Protecting” children in 45 CFR 46 • • • • Limiting risks Parental Permission Adolescent consent Child Assent Limiting pediatric research based on risks and benefits (45 CFR 46.404-407) Minimal risk Minor increase over minimal risk Risk is justified by the benefits Prospect of direct benefit 404 Risk/benefit is as favorable as alternatives 405 Commensurate experiences No prospect of direct benefit Vital knowledge about subjects disorder 404 406 Greater than minor increase over minimal risk Risk is justified by the benefits Risk/benefit is as favorable as alternatives 405 Address serious problem affecting children 407 What is Minimal Risk? • The US regulations define minimal risk as: “Probability and magnitude of harm or discomfort anticipated in the research are not greater in and of themselves than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests” 45CFR 46.102(i) Use of minimal risk as criterion for: • IRB review (expedited) • Waiver of consent • Waiver of documentation of consent • Prohibition of some research Survey of IRB Chairs (N=188) Minimal Risk Minor increase More than a Minor increase Blood draw 82% 17% 1% Sexual activity survey 45% 30% 25% Allergy skin testing 23% 43 % 27 % PK Study 1/100,000 chance of death 8% 30% 59% LP 6% 24% 70% Drug tested safe in 500 adults 5% 23% 65% Shah S, et al. JAMA 2004 291:476-482 Risks of Research Procedures Per million events (Wendler and Emanuel 2005) Nausea Syncope Surgery Deaths Drawing Blood 375 0 0 Allergy Skin Testing 1625 0 0 < 500 0 Research Apheresis Basketball Car Ride 10,000 160 0.4 Charitable Participation Standard as a normative interpretation of minimal risk (Wendler and Emanuel 2005) • Children are exposed to risk for the benefit of parents, siblings, and neighbors • Children are exposed to risk for their own psychological benefit in doing charity • Habitat for Humanity, • Shoveling snow for a neighbor • Research is like this type of charity • Minimal risk standard should expose children to the same risks that would be permitted for charitable activities 8 Ethical Benchmarks of Research 1. Collaborative Partnership 2. Social Value 3. Scientific Validity 4. Fair Subject Selection 5. Favorable Risk-Benefit Ratio 6. Independent Review 7. Informed Consent 8. Respect for Human Subjects Emanuel et al. (2000) JAMA; (2004) J Infect Dis Justifications of placebos • Scientific validity • Social value • Risks and benefits • Each arm compared to standard approach • Minimizing risks • Inclusion criteria • Study duration • monitoring Goals are different and constrained by ethical obligations Benefit to patient and family Clinical Care Promote scientific knowledge Research Joffe and Miller. Hastings Center Report 2008 Elements of Informed Consent • Decisional Capacity • Ability to understand options • Comprehension • Context dependent • Ability to understand consequences of actions • Ability to relate consequences to set of personal values • Voluntariness • Persuasion • Coercion • Disclosure • Reasonable practitioner • Reasonable patient • Particular patient Approaching informed consent • Content • Inverse relationship between disclosure and comprehension • Context • Communication style • Communication setting • Family’s life circumstance and situation • Clinical • Cultural Consent/Assent/Permission • Parental Permission • Not the same as consent • More limited scope and authority than consent • Adolescent Consent • In addition to parental permission • In place of parental permission in some contexts • Child Assent • Not necessary in all research • Not “mini-consent” • Obtaining assent vs respecting “dissent” • Limited disclosure and volunatiness Assent for a blood draw? • Can the parents tell his child she should do it? • What if the child does not understand what the blood will be used for? • What if the child does not know she has a disease? • What if the child says she doesn’t want it? • What if the researchers pays $20 • What if the parents gives his child $20 • What should happened when the child is older: can the research continue? Research Bioethics Consultations Providing a forum for discussion and analysis of ethical issues in clinical and translational research The Institute of Translational Health Sciences provides a wide range of range of resources to promote translational research. ITHS offers Research Bioethics Consultations as a resource to researchers, trainees, research staff, IRBs, research participants and their families and communities. Bioethics consults are advisory in nature, providing an opportunity for in-depth conversation and analysis of ethical issues in clinical and translational research, and can be requested for urgent issues related to a particular research participant. Any recommendations provided are supplemental to the authority and oversight of other groups involved in reviewing the research, like an IRB or DSMB. EXAMPLES OF CONSULT QUESTIONS Consultation discussions can take place by telephone or in-person. If requested, the consultant can provide a written report of the considerations and recommendations. Community Engagement • How can I establish sustainable relationships with communities? • How should I negotiate disagreements with community stakeholders? • How should I share the research data with the community? Consultation details may be discussed amongst the bioethics consultants, but these will not be discussed with others involved in the issue without the requestor’s permission. Study Development • Should I provide incentives for participation? • What if informed consent isn't practical for my study? • When is a placebo-control ethically appropriate? To ensure a balanced understanding of the facts or to facilitate reconciliation of a conflict, the consultant is available talk to others involved in the issue if desired by the requestor. Study Implementation • What should I do if a participant doesn't have the capacity for consent? • Can I withdraw a participant against his/her wishes? • What must I do if my participants need medical care or other help? Study Analysis • Should I tell participants about their research findings? • What if a participant requests their data be withdrawn? • Who should be an author on the publication of my study? In some cases, full consideration of the issue may warrant additional consultation in another area. The consultant may recommend referral to legal counsel, ombudsperson, psychiatry, human resources, etc. There is generally no charge for research bioethics consultations. ITHS membership is not required for individuals or groups requesting consultations. To request a consultation or to find out more: Call (206) 987-2000 Ask for the Research Bioethicist on-call Conclusions • The ethical principles for research are not the same as for clinical care • Randomized controlled trials can be justified based on scientific need/social value and risk/benefit • In pediatric research • Limit exposure to risks • Attention to parental permission • The goal of assent is engage with children in a developmentally appropriate manner: not “mini” assent • Don’t hang babies from ceilings (without a net)