What
should happen if a massive viral outbreak appears out of nowhere and
the only possible treatment is an untested drug? And who should receive
it? The two American missionaries who contracted the almost-always-fatal
virus in West Africa were given access to an experimental drug cocktail
called ZMapp. It consists of immune-boosting monoclonal antibodies that
were extracted from mice exposed to bits of Ebola DNA. Now in isolation
at an Atlanta hospital, they appear to be doing well.
It’s
an opportunity the 900 Africans who’ve died so far never had. Is there a
case to suspend ethical norms if lives might be saved by deploying an
experimental drug?
The reasons for different
treatment are partly about logistics, partly about economics and, partly
about a lack of any standard policy for giving out untested drugs in
emergencies. Before this outbreak, ZMapp had only been tested on
monkeys. Mapp, the tiny, San Diego based pharmaceutical company that
makes the drug, stated two years ago: “When administered one hour after
infection (with Ebola), all animals survived…Two-thirds of the animals
were protected even when the treatment, known as ZMapp, was administered
48 hours after infection.”
But privileged humans were always
going to be the first ones to try it. ZMapp requires a lot of
refrigeration and careful handling, plus close monitoring by experienced
doctors and scientists—better to try it at a big urban hospital than in
rural West Africa, where no such infrastructure exists.
And
because of the drug’s experimental nature, it’s unclear that it should
go to anyone else. Even if the drug is cooled correctly, success in a
few monkeys (less than 20) tells us little about what will happen in a
lot of humans who’d had the infection for more than two days. No one
knows how much drug to give, how often, what other pre-existing medical
conditions might influence its efficacy or even what route is best, be
it IV, pill, syrup, or even surgically right into the liver. With an
untested drug, there is always a chance you will kill the first human
subject who might otherwise have lived. And the two Americans who got it
in Africa had been infected for more than a week, making its efficacy
completely unknown. Still, because they are a small group in such a
carefully controlled setting, they are better candidates for the drug
than others might be.
But it’s about more than logistics. Drugs
based on monoclonal antibodies usually cost a lot—at least tens of
thousands of dollars. This is obviously far more than poor people in
poor nations can afford to pay; and a tiny company won’t
enthusiastically give away its small supply of drug for free. It is
likely that if they were going to donate drugs, it would be to people
who would command a lot of press attention and, thus, investors and
government money for further research—which is to say, not to poor
Liberians, Nigerians or Guineans.
The medical missionaries got
the experimental drug because the evangelical Christian international
relief organisation they work for, Samaritan’s Purse, reached out to the
US Centre for Disease Control and the NIH to find out if there was any
drug to give to them. They were referred to Mapp Pharmaceuticals and
evidently struck some kind of deal to get the drug to their employees
who were in Africa at the time. (Technically, African health ministries
could make a similar request.) The Food and Drug Administration has
little oversight over what goes on abroad, and the federal government
has no programme to consider appeals for use—much less payment—of
experimental drugs that have only been tried on animals. Without an
organisation pushing, no one might have received access to any sort of
treatment. The chance of a poor African getting an experimental drug is
about the same as Donald Trump contracting Ebola (which is apparently
his greatest current fear).
Even if logistical and economic
obstacles could be surmounted, is there a case for giving ZMapp to
Africans still dying from Ebola? Many Africans were infected more
recently than the Americans now being treated in Atlanta, so they better
fit the conditions in which the drug was tried in the monkey lab.
But
there is no accepted set of rules for a sick person to request
compassionate access to drug that is experimental, expensive, and in
short supply. And access to experimental drugs remains a long shot full
of risk. While the American Ebola patients gave their consent, and while
most people would want to do something rather than nothing, the
decision about gaining access is more in the hands of the drug
manufacturer than the would-be subject. The dying may feel more cavalier
about entering a drug experiment—the rewards (life) could justify the
risks (since death approaches anyway)—but a company may still withhold a
drug from a willing volunteer for fear that it will fail and reduce
investor interest or increase attention from malpractice attorneys.
An
ethical case can surely be made for an organisation that puts
health-care workers in harm’s way to acquire access to experimental
drugs and bring staff home to get the best possible care. But that is
neither a fair nor just policy for deciding what to do when an emergency
arises and rationing is the only option. This Ebola outbreak has taught
us two things: That we need to act quickly to shut down emerging
epidemics wherever they occur, and it is long past time to have a
transparent public policy about what to do when not everyone gets a
chance to live.
Arthur L. Caplan is the director of the
Division of Medical Ethics at New York University Langone Medical
Centre’s Department of Population Health.

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