Abstract
Along with the growing utilization of the total artificial heart (TAH) comes a new set of ethical issues that have, surprisingly, received little attention in the literature: (1) How does one apply the criteria of irreversible cessation of circulatory function (a core concept in the Uniformed Determination of Death Act) given that a TAH rarely stops functioning on its own? (2) Can one appeal to the doctrine of double effect as an ethical rationale for turning off a TAH given that this action directly results in death? And, (3) On what ethical grounds can a physician turn off a TAH in view of the fact that either the intent of such an action or the outcome is always, and necessarily, death? The aim of this article is not to answer these questions but to highlight why these questions must be explored in some depth given the growing use of TAH technology.
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Notes
“Irreversibly” in the sense that the patient’s heart, once the TAH is implanted, cannot be restored to its prior state; either the TAH becomes permanent (it serves as the patient’s heart until the patient dies) or it must be fully and completely replaced by a transplanted heart.
(a) A patient not receiving any sort of mechanical ventilatory support experiences pulmonary arrest AND simultaneous the TAH experiences mechanical failure; (b) a patient not receiving any sort of mechanical ventilatory support experiences pulmonary arrest AND simultaneous the TAH is unintentionally turned off; (c) a patient not receiving any sort of ventilatory support experiences pulmonary arrest AND simultaneous the TAH is intentionally turned off; (d) a patient not receiving any sort of mechanical ventilatory support experiences pulmonary arrest AFTER the TAH is unintentionally turned off; (e) a patient not receiving any sort of ventilatory support experiences pulmonary arrest AFTER the TAH is intentionally turned off; (f) a patient receiving ventilatory support experiences mechanical failure of that ventilatory support AND simultaneously the TAH experiences mechanical failure; (g) a patient receiving ventilatory support experiences mechanical failure of that ventilatory support AND simultaneously the TAH is unintentionally tuned off; (h) a patient receiving ventilatory support experiences mechanical failure of that ventilatory support AND simultaneously the TAH is intentionally tuned off; (i) a patient receiving ventilatory support has that support intentionally turned off AND simultaneously the TAH experiences mechanical failure; (j) a patient receiving ventilatory support has that support intentionally turned off AND simultaneously the TAH is unintentionally turned off; (k) a patient receiving ventilatory support has that support intentionally turned off AND simultaneously the TAH is intentionally turned off; and (l) a patient receiving ventilatory support experiences pulmonary arrest AFTER the TAH is intentionally turned off.
The challenges associated with the concept of “irreversibility” are, of course, not new; these most clearly first sprung up with the development of the first protocol for recovering organs from non-heart-beating donors in the early 1990s and have continued to unfold as DCD has become more mainstream. Our point is simply that “irreversibility” in this particular context of TAH discontinuation is neither simple nor obvious.
Similar linguistic challenges are part and parcel of Devettere’s still-relevant exploration of causality and the withdrawal of life sustaining treatments (Devettere 1989), Miller et al.'s work on moral fictions and the withdrawal of life sustaining treatments (Miller et al. 2010), and Pilkington’s work on withholding and withdrawing medical interventions (Pilkington 2014, forthcoming).
Nearly 10% of all patients receiving a TAH suffer a stroke, over 60% develop an infection requiring treatment, and nearly 45% experience bleeding, all of which can become life-threatening (Cook et al. 2015).
Both the 70 cc and 50 cc SynCardia Total Artificial Heart are FDA approved for humanitarian use device (HUD) designation (approval was granted in April 2012 and January 2013, respectively), meaning these devices may be used for destination therapy in addition to serving as bridges to transplant. It is likely that permanent FDA approval as destination therapy will occur in the future.
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Finder, S.G., Nurok, M. Death, Devices, and Double Effect. HEC Forum 31, 63–73 (2019). https://doi.org/10.1007/s10730-018-9361-8
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DOI: https://doi.org/10.1007/s10730-018-9361-8