Aug 12, 2022
This podcast is about big ideas on how technology is
making life better for people with vision loss.
Innovations in implant technology are advancing at
lightning speed, profoundly impacting the lives of people who are
blind or visually impaired. In On Tech And Vision, we’ve
profiled some amazing new implant technologies that have the
potential to restore people’s sight. But in this episode, we pump
the breaks — because we need to address a critical part of the
innovation process: the ethical frameworks that protect
participants in early clinical trials, and the need for an updated
framework that ensures patient protections without stifling
innovation and development.
Discussions between doctors and participants in
clinical trials almost always focus on the new technology and very
rarely on the manufacturer who sponsors the clinical trial — and
almost never on the long-term commitment and financial viability of
the company sponsoring the technology. And while clinical trial
informed consent includes whose responsibility it is to remove the
implants should they fail during the trial, that
responsibility usually ends once the trial is over. At that stage,
who will maintain or remove the implants that are still housed in
patients’ bodies?
In this episode, we talk about innovative implants
such as the Argus II, which we featured in the first season of
On Tech And Vision. The Argus II is a microchip implanted
under the retina that, in combination with a special headset,
provided some vision to people who otherwise had none. And while
the technology was exciting, the company discontinued the retinal
implant three years ago, and the Argus II was eventually sold to
another pharmaceutical company.
Dr. Joseph Fins, Professor of Medical Ethics and
Professor of Medicine at Weill Cornell Medical Center in New York,
joins us to share his thoughts on today’s big idea: How do we
balance the life-changing potential of electroceutical implant
technology with the ethics of caring for early participants —
particularly after clinical trials are over?
The Big Takeaways:
- Examples of electroceutical implants.
Cochlear implants, retinal implants, and deep brain stimulators are
examples of scientific advances that rely on in-dwelling
devices.
- Regulatory framework today. The
relationships between researchers and clinical trial participants
are regulated by institutional review boards, which came out of the
National Research Act of 1974. However, while this framework works
well for drug trials, new issues specific to implants need to be
addressed by new regulations. For example, who is responsible for
people left with in-dwelling devices once trials are over? If the
sponsoring company no longer supports their devices, are they
victims of abandonment? Are the timelines for drug trial success
too short to be relevant for implant device trials, since it may
take the body longer to adopt a new technology than to respond to a
new drug?
- Ancillary care obligations. Henry
Richardson, in his book Moral Entanglements: The Ancillary Care
Obligations of Medical Researchers writes that historically,
researchers — to avoid conflicts of interest — did not assume a
clinical care role. However, that is changing, as researchers
realize they have an obligation to share actionable results with
patients. The result is that there is even less of a “bright line
distinction,” as Dr. Fins says, “between research and
therapy.”
- Collective responsibility. Who is
responsible for the long-term well-being of participants in
electroceutical trials? Dr. Fins suggests that the sponsoring
company, the medical school where the research is taking place, and
the government should share responsibility. It’s a collective
problem, he says.
- Some solutions. Requiring researchers,
sponsoring companies, and researching universities to include in
the costs of development insurance to cover long-term care for
participants is one potential solution that Dr. Fins imagines. He
also offers that researchers and sponsoring companies that develop
successful and adopted medical products could subsidize the field.
Or, he suggests, a tax on gaming devices (adjacent to
electroceutical implants) to sustain people who are given
indwelling devices in clinical trials.
- The law. The law needs to evolve to
address the specific vulnerabilities of participants in
electroceutical implant trials. Dr. Fins suggests that there are
provisions within the Americans with Disabilities Act that account
for assistive technologies that were relevant when the act was
written in the nineties. According to Dr. Fins, these provisions in
that could be read with a more contemporary lens, to include the
assistive technologies of today (which would encompass
electroceutical implants). There is room for lawyers and legal
scholars to impact the legal frameworks in place now, to expand
coverage from the ADA to protect participants in clinical trials
for electroceutical implants.
- “Victims of Our Own Success.”
Electroceutical implants are a miracle, says Dr. Fins. They are
human ingenuity at its best. The science is harder to solve than
the bureaucracy, but the bureaucracy to sustain medical
advancements like these must catch up, or, ultimately, the
vulnerability of trial participants threatens to impede scientific
progress.
- Danger to the field. Clinical trials rely
on willing participants, and when participants are not supported
after trials end, it erodes participants’ trust across the field.
Without a clear set of protections in place for participants in
clinical trials, scientific and medical advancement in the area of
electroceutical implants may be impeded.
Tweetables:
- “I think this is a perfect rationale for
insurance.”— Dr. Joseph Fins, Weill Cornell Medical Center
- “This is a huge problem. … We’re victims of our own
success.”— Dr. Joseph Fins, Weill Cornell Medical Center
- “It's human ingenuity at its very best. And the
fact that we can’t figure out the bureaucracy to sustain this? …
The science is harder than the politics and the bureaucracy, but
we’re being overmatched by the politics and the bureaucracy.” — Dr.
Joseph Fins, Weill Cornell Medical Center
- “When stories like this come out it makes
recruitment very hard.” — Dr. Joseph Fins, Weill Cornell Medical
Center
- “These retinal implants, these deep brain
stimulators, … they're gonna be looked upon as primitive halfway
technologies 50 and 100 years from now. But we're only gonna get
there if we're able to do this research.” — Dr. Joseph Fins, Weill
Cornell Medical Center
- “Once you understand these facts, the ethics are
pristine. They’re clear.” — Dr. Joseph Fins, Weill
Cornell Medical Center
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