Organ Donor Compensation

Every day some dies after waiting years on a transplant list. The National Organ Transplant Act of 1984 says that in the United States, the sale of organs is illegal. Some believe this act may be preventing thousands of people from getting the organs that will save their lives. The truth is every day someone dies and their organs could be used to help others and everyday a life of one and the livelihood of another could be saved. The reasons for allowing the sale of organs is very simple to understand. It can help others financially, save money on medical expenses and most importantly, save lives. Critiques believe this would be a mistake causing spur of the moment decisions, and illegal obtain these organs for sale. With the use of regulation, these doubts can be laid to rest. Before the problem can be solved, the problem has to be identified.

It was only a matter of time before a businessman in Virginia saw a way to profit from the success of transplantation. In 1983 H. Barry Jacobs announced the opening of a new exchange through which competent adults could buy and sell organs. His failing was in his decision to use needy immigrants as the source of the organs (Pence 36). As a result Congress, passed the National Organ Transplant Act (Public Law 98-507) in 1984, which prohibited the sale of human organs and violators would be subjected to fines and imprisonment (“Donation Details”).

In the United States, there are currently 116,608 people in need of a lifesaving organ transplant, and 75,684 people that are currently active waiting list candidates (HRSA, 2017). Between January and September 2017, there have only been 12,211 organ donors (HRSA, 2017) which is far less that the current demand for lifesaving organs. The shortage of donors could lead to an individual looking for outside sources such as the black market to find their lifesaving organ. Offering incentives to persons who chose to donate their organs or those of a deceased loved one is important because it could stop the illegal selling of organs, save the life of someone in need of an organ transplant and benefit both the donor and recipient.

The demand for organ donors far exceeds the supply of available organs. According to the United Network for Organ Sharing (UNOS) … there are more than 77,000 people in the U.S. who are waiting to receive an organ (Organ Selling 1). The article goes on to say that the majority of those on the national organ transplant waiting list are in need of kidneys, an overwhelming 50,000 people. Although financial gain in the U.S and in most countries is illegal, by legalizing and structuring a scale for organ donor monetary payment, the shortage of available donors could be reduced. Legalizing this controversial issue will help with the projected forecast for a decrease in the number of people on the waiting list, the ethical concerns around benefitting from organ donation, and to include compensation for the organ donor.

“It is within my power to drastically change his circumstances, but I do not want to give that man a gift if he does not deserve it.” (Smith, 2008) In the movie seven pounds, the actor, made the choice to sacrifice his organs for the good, he felt that he had nothing else to live for, so instead he would give life to someone else who rightfully deserved it. For years, humans have voluntarily donated their organs to caring and loving individuals. They donated freely and without compensation they gave and expected nothing in return. Now, we have individuals who desire to impose upon this freedom, by offering the exchange of organs for money. The selling of organs for monetary value is wrong, it increases the amount of organ trafficking within the black market, it does not create a just weight for those with lower amounts of income, and it is not safe, many people will place their lives at risk all for just a dime.

Nicky Santos, S.J., a visiting scholar at the Ethic Center, claims that people who are desperate often make decisions that are not the most beneficial for themselves, which then results in the rich having the privilege of excellent health care while the poor do not. There is also the “do no harm” rule in bioethics that forbid procedures that might harm donors. The question lies in whether we can make sure that donors’ health won’t be jeopardized in the transaction. On the contrary, some might say that not giving donors incentives actually put their health to more risk since no incentives have been given to pay for their medical bill in case the donors are harmed. There has also been debates about whether organ donation should remain as an act of altruism or should we instead move along to justice. While some might value such humanity and hate the idea of it being

'Proponents of financial incentives for organ donation assert that a demonstration project is necessary to confirm or refute the types of concerns mentioned above. The American Medical Association, the United Network for Organ Sharing and the Ethics Committee of the American Society of Transplant Surgeons have called for pilot studies of financial incentives. Conversely, the National Kidney Foundation maintains that it would not be feasible to design a pilot project that would definitively demonstrate the efficacy of financial incentives for organ donation. Moreover, the implementation of a pilot project would have the same corrosive effect on the ethical, moral and social fabric of this country that a formal change in policy would have. Finally, a demonstration project is objectionable because it will be difficult to revert to an altruistic system once payment is initiated, even if it becomes evident that financial incentives don 't have a positive impact on organ donation. '(http://www.kidney.org/news/newsroom/positionpaper03)

The article “Need an Organ? It Helps to be Rich,” by Joy Victory informs readers of how medical systems work for those who are in need of an organ transplant. In the article, Victory talks about a 34-year-old man named Brian Shane Regions - who is in need of a heart transplant, but is not able to secure one because he is not insured. Therefore, not having insurance, Brian is put into an unfortunate situation because he is simply not getting any treatment for his heart failure. This is a great example of how patients without insurance could not be provided with an organ donor. Victory argues a variety of issues concerning how the organ donation system is unfair to certain people. A transplant cost a bundle amount of money, which leads to the rich only able to have the procedure done. While the poor cannot afford the cost of the transplant, creating an unfair situation for the less fortunate. The transplant centers can do anything as they please because they simply care more about the money. However, not all transplant centers treat their patients unfairly, several centers are truly able to support the uninsured patients in need of a transplant. It is simply unfair for the patients, who do not have enough money to pay for transplant and the medical systems are unethical.

There are 112 thousand people on the organ transplant list and 22 people die every day because they cannot find a match ("Organ Donation Statistics", 2017). In 1984, under the National Organ Transplant Act, America outlawed the buying and selling of organs. If caught selling organs illegally, those involved shall be fined not more than $50,000 or imprisoned not more than five years, or both (Prohibition of Organ Purchases, 2011). With organizations like Planned Parenthood selling the body parts of aborted fetuses, the compensation of organs has been compared to prostitution. (Gebelhoff, 2015). If organ donors begin being compensated for their gifts of life, the Black Market organ trafficking will increase due to supply and demand of organs which in return creates a higher victim rate related to the black market. Offering money for organs can be viewed as an attempt to coerce economically disadvantaged Americans to participate in organ donation even though these groups of people have been shown to be less likely to be candidates, monetary incentives for organs could be characterized as exploitation (National Kidney Foundation, 2003). The Compensation of organ donation is unethical due to the acts by organizations such as Planned Parenthood, black market increases along with acts of cruelty towards unexpecting victims, and the increase in costs to perform the transplants.

Since the National Organ Transplant Act of 1984 prevents a monetary price from being placed on a donated organ, effective allocation mechanisms must be utilized. Allocation mechanisms must be accessed because the shortage of supply compared to the demand. In any market, allocation mechanisms rely on many factors but some include friendships, “under the table” payments, predicted profit, and personal biases.

In Satels essay she tells a story about how a donor who was willing to donate a kidney but had to wait,further form a relationship with the patient, and prove so to the doctor before being able to donate the kidney. Such ridiculous requirements and the forbiddance of compensation to the organ donor are diminishing the number of donors and the chances for the thousands of people on the mile long waiting lists to have a fighting chance at ever receiving an organ in time for it to save their lives. I 'm not saying that black market organs cut out of children in an orphanage should be allowed to be

Throughout history physicians have faced numerous ethical dilemmas and as medical knowledge and technology have increased so has the number of these dilemmas. Organ transplants are a subject that many individuals do not think about until they or a family member face the possibility of requiring one. Within clinical ethics the subject of organ transplants and the extent to which an individual should go to obtain one remains highly contentious. Should individuals be allowed to advertise or pay for organs? Society today allows those who can afford to pay for services the ability to obtain whatever they need or want while those who cannot afford to pay do without. By allowing individuals to shop for organs the medical profession’s ethical

    Today, medical operations save lives around the world, a feat that surely would surprise our ancestors. Many operations replace defective organs with new ones; for new organs to be ready to be implanted there need to be organ donors. We are not so advanced a society that we can grow replacement organs. Thousands of organ donors in the United States every year are seen as doing the most noble of deeds in modern civilization, and most of the time death has to occur before the organ can be used. Now, though, some are suggesting that organ donors—or their beneficiaries—should be paid for their donations. This should not happen, as it creates a strain on the already tight national budget, forces

They conclude that “research shows that the underlying motivation of most paid kidney donors is poverty” and that “paid kidney donation is associated with depression, regret, and discrimination” (The State of the International Organ Trade, 2007). In other words, throwing money at the poor in exchange for their organs will not get them out of poverty. Offering a financial incentive program for organ donation will allow the rich to exploit the poor and deprive the poor from life-saving donation. The demand for organs will likely remain higher than the supply; therefore, prices for organs will become competitive and eliminate the chance for the poor to receive a transplant. Implementing financial compensation would only serve to shift the demographic of organ recipients away from those with the greatest need to those with the greatest wealth.

Despite the fact it is illegal to sell organs, to help increase the numbers of donors, some states are offering to pay the family indirectly. “If a family agrees to organ donation, Pennsylvania pays $300 directly to the family’s funeral home to help defray the cost of the funeral” (Organ Donation). With some states paying the family indirectly, there has been an increase in the number of donors. Being paid indirectly helps the families immensely. Not only does this help with the costs, but it takes away any stress they may have had about being able to afford the funeral. There’s no question that a change needs to be made to help improve the number of available organs.