In a stunning move that could send chills down the spine of any American who remembers the sordid history of unethical medical experimentation, a little-known provision from the Obama era is being put into action. Anyone who thought that the remnants of the Tuskegee Syphilis Experiment were a thing of the past may want to think again. Imagine being enrolled in a clinical trial without ever knowing it because someone in a lab coat decided the risk to your health was “minimal.” That’s the new bureaucratic lottery that patients face thanks to the implementation of the 21st Century Cures Act.
The moment the term “minimal risk” was birthed, it became a euphemism that researchers and pharmaceutical companies are now more than happy to exploit—much to the dismay of thinking Americans everywhere. This change in policy means that the centuries-old principle of informed consent is being tossed aside like yesterday’s newspaper. It permits researchers to overlook the need for explicit consent from vulnerable subjects, which flies in the face of ethics that have been upheld since the dark days of the 1950s.
James Lyons-Weiler, who leads the Institute for Pure Applied Knowledge, has voiced concerns about how subjective the determination of “minimal risk” really is. The truth is, the very researchers deciding who gets treated—or worse, who gets entered into the danger zone of a clinical trial—are not exactly saints. Risk assessments may vary from lab to lab depending on who’s signing the checks, raising the question: how much of this is really about advancing science and how much is about advancing profits?
Under the updated rules, the usual robust process of informed consent, which requires detailed explanations of both risks and benefits, has been watered down to a mere “Points to Consider” chat between the researcher and the participant. This is a far cry from the thorough and informed conversations required to meaningfully assess the risks involved. Where once patients would have been informed about potential alternatives and the possibility of research-related injuries, researchers now have a wide latitude to pick and choose what they disclose.
Obama-era change to human testing, now implemented, sparks concerns of Tuskegee syphilis experiment https://t.co/TSiyGtRUgQ
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Proponents will argue that loosening the reins on informed consent will result in faster and more innovative health care solutions. They’ll insist that all of this is necessary to spur innovations that will benefit patients desperately in need of treatments. But scratch the surface, and the wake of that rhetoric reveals a worrisome reality: patients are not clamoring for these changes. Instead, it appears that pharmaceutical companies are the primary benefactors, pushing for less accountability while they race to deliver their products to market.
In the end, what’s being overlooked here is that the value of an individual’s health can’t be measured by someone else’s standard of “minimal risk.” People have a right to choose to protect their own bodies, and no amount of financial incentive should come at the cost of an individual’s autonomy over their own life. It’s worth remembering that the ultimate goal of health-care innovations should always be to prioritize patient safety—not maximize profits for pharmaceutical giants.