Copyright
(c) 1996 First Things 59 (January 1996): 23-26.
In April 1970, in the pages of the Obstetrical
and Gynecological Review, I reviewed the
history of attempts to
control population growth by means of medical-i.e., nonsurgical-abortion.
Starting in antiquity, I found that the ancient Greeks did not generally
approve of abortion, while their Roman counterparts favored the use of
thaumaturgy and incantations. Cultures in Africa and the Middle East
tried concoctions of camel or goat dung. In the medical lore of Europe
during the Middle Ages, pastes, emetics, purgatives, emmenagogues,
sternutators, convulsants, clysters, physical maneuvers, and pessaries
are mentioned. The Enlightenment had a vast pharmacopeia with dazzling
names and no abortifacient effect whatever: aloes, colocynth, apioline,
pennyroyal, tansy, pulegium oil, caulophyllia, cardomon, and cimicifuge.
Toward the end of the paper I
discussed a newly emerging class of drugs known as folic acid
antagonists and antimetabolites. These drugs were used primarily to
treat cancer but they were also reasonably effective in producing
medical abortion, at least up to eight weeks gestation. The enormous
toxicity of these drugs to the pregnant woman, however, and the fact
that they produced massive congenital deformities in the fetuses who
somehow survived the pharmacological assault, virtually precluded their
use as abortifacients.
In 1995, twenty-five years after my
review, the New England Journal of Medicine carried a report that
the combination of a powerful anticancer agent (methotrexate) and a
relatively innocuous drug used primarily to treat gastric ulcer (misoprostol)
will effect medical abortion in 96 percent of women pregnant less than
nine completed weeks, with no currently identifiable damage to the
pregnant woman.
Some thoughtful analysts, including
some pro-life advocates, have suggested that the legal battle to end
abortion has at last ended in defeat with this report of an
apparently
effective and safe medical form of abortion. An "abortion
cocktail" that women take in the privacy of their homes would
eliminate the clearly specifiable abortionists against whom the pro-life
movement has been able to focus its efforts. In the event of a ban on
legal abortion, it would force prosecutors into the difficult position
of seeking convictions against individual women rather than against the
abortionists. Any attempt to pursue the doctors prescribing the
"cocktail" would likely result merely in the emergence of a
black market or of a charade in which women seeking abortions would
report the symptoms of the diseases for which the ingredients are
currently and legally prescribed.
The legal battle to ban abortion,
however, is not by any means defeated with this report of a medical
abortifacient, and it may in fact be helped. The unprofessional and
unethical means by which the procedure was tested, the unknown long-term
medical effects on women of the drugs involved, and the extreme dangers
to the human gene pool posed by partially completed medical abortions
all suggest a strong societal interest in banning the "abortion
cocktail." And the falsity of claims that medical abortions will
"demedicalize" and "empower" women by granting
"at-home" abortions will soon become apparent-allowing the
pro- life movement to continue to focus its efforts on the offices of
abortionists.
Methotrexate, the first drug used
in the "abortion cocktail," is an unusually potent and
dangerous drug. The Physician's Desk Reference (PDR), an
encyclopedic compendium of prescription drugs marketed in the U.S.,
devotes six pages to a description of the powers and hazards of this
drug, its uses and abuses. (The average entry for drugs runs about
one-half page.) The entry opens with a black-bordered box reading, in
part: "Methotrexate should be used only by physicians whose
knowledge and experience includes the use of antimetabolite therapy. . .
. Because of the possibility of serious toxic reactions the patient
should be informed by the physician of the risks involved, and should be
under a physician's constant supervision."
The PDR goes on to specify
in excruciating detail the toxic potential of this drug: liver damage,
kidney destruction, heart muscle compromise, pulmonary failure,
gastrointestinal pathology, and bone marrow suppression. It has also
been reported to cause loss of speech function, strokes, and
convulsions. It is, in other words, one of the most toxic, dangerous,
and potentially fatal drugs in the entire PDR, and it has been
approved for use by the FDA only for the treatment of cancer-which is to
say, the dangers of this drug are so massive that they are outweighed
only by the benefit of abating or curing cancer.
There is a considerable literature
concerning the use of methotrexate in ectopic, or tubal, pregnancies. In
the past, ectopic pregnancy had been managed by surgical means, i.e., by
removal of the tube containing the pregnancy. Moral theologians
generally sanctioned this approach since, although it did effect
abortion, the primary intention of the surgery was to preserve the life
of the mother and the abortion was a regrettable side effect.
However, beginning in 1987,
increasing numbers of gynecologists were reporting the successful
management of ectopic pregnancy by the use of laparoscopy (the
introduction of an optical system into the abdomen through a small
incision in the umbilicus) and the delivery of a dose of methotrexate
through the scope into the amniotic sac of the fetus developing in the
tube. No longer was there a "double-effect" rationale to
exonerate the surgeon; we now had a direct lethal assault on the
developing child (albeit developing in the wrong place). The moral
consequences of this "momentous advance" in gynecologic
technology provided a bridge to the use of methotrexate to destroy the
child developing in the correct place, the womb.
In normative bioethics the use of a
drug such as methotrexate would require a sufficient benefit to outweigh
the risks: the disease being treated must be of such gravity as to
justify the use of the drug. Pregnancy, however, falls comfortably into
none of the usual definitions of disease: it is not a state inimical to
the way one is supposed to feel; it is not a condition in which body
components and systems are acting inharmoniously (to the contrary,
infertility would more likely fall within that definition); it is not a
state of abnormality-for the pregnant woman functions satisfactorily
within society, and the social and physical environment tolerates the
pregnant woman perfectly. Pregnancy, then, is not a disease by any
normative definition, and the administration of a drug as potent and as
toxic as methotrexate cannot be justified within the traditional
framework of medical risk/benefit analysis.
Richard Hausknecht, the author of
the article in the New England Journal of Medicine, acknowledged
that the "abortion cocktail" was indeed an experiment when he
stated in his report that "the protocol [of the experiment] was
approved by the investigative review board of the Mount Sinai Medical
Center." The Code of Federal Regulations (49 CFR Part II) sets
forth federal policy for the protection of human subjects in medical
experimentation, mandating the establishment of an institutional review
board (IRB) in each hospital in which human subjects are used for
experimentation. The Code further stipulates how many members each IRB
should have, from what disciplines the membership should be drawn, and
precisely how each IRB should function. The language of the Code is
explicit: each IRB is charged with the responsibility to assure that
"risks to subjects are minimized by using procedures which are
consistent with sound research design and which do not unnecessarily
expose subjects to risk." The Code requires periodic reports from
the experimenters and specifies the language and nature of the informed
consent presented to each subject. (The explanation of the risks is so
detailed that these consents often run to ten or fifteen pages.)
In the Hausknecht report there is
no indication of the nature and content of the informed consent. There
is no mention of periodic reports to the Mount Sinai Hospital's IRB.
There were no precautions or measures designed to minimize the risk
accompanying this experimentation. Where was the constant medical
supervision the PDR recommends when using the drug methotrexate?
Hausknecht, in the protocol section of the report, speaks of each
subject receiving an intramuscular injection of methotrexate, then going
home, to return five to seven days later for the administration of the
second drug misoprostol; who was supervising the patient in those five
to seven days? Where were the blood tests to assure that the subject was
not reacting adversely to the methotrexate? Where were the liver and
kidney function tests, the tests for pulmonary function, the tests to
assure that the bone marrow was functioning normally, the neurological
assessments?
Another section of the Code of
Federal Regulations (Title 45, Part 46) directs that the Department of
Health and Human Services through the National Institutes of Health
establish and maintain an Office for Protection from Research Risks.
Even if an experiment is not federally funded it falls within the
purview of this Office in that human subjects are involved in the
experimentation. This Office is responsible for overseeing the
functioning of IRBs. Subpart B of this section of the Code deals with
"research, development, and related activities involving fetuses,
pregnant women, and in vitro fertilization" and requires that each
institution conducting research on such human subjects establish, in
addition to the IRB, an Ethical Advisory Board consisting of research
scientists, physicians, psychologists, educators, lawyers, and
ethicists-as well as representatives of the general public. Nowhere in
the Hausknecht report is an ethical advisory board even mentioned.
It is customary and even ethically
mandatory that experimentation that carries with it a substantial degree
of risk to human subjects first be tested in an animal laboratory or, at
the very least, on a computer model. There is no mention of any such
preliminary testing in the Hausknecht report, probably because no such
testing was done. Women were once again used as laboratory rats, much as
they had been used in the early days of oral contraceptives, IUDs,
silicone breast implants, and the Norplant contraceptive.
Two doctors, Creinin and Vitinghoff,
carried out a similar and equally odious experiment on pregnant women
using methotrexate and misoprostol at the San Francisco General Hospital
and reported their results in the Journal of the American Medical
Association in October 1994. They at least had the minimal decency
to provide a group of controls (women to whom only misoprostol was
given) but their experiment was otherwise every bit as ethically shabby
as the Hausknecht fiasco.
Many troubling questions arise from
these two experiments. How could the IRBs of two prestigious university
teaching centers have sanctioned such an experiment, despite the
multiple strictures, restraints, and codes regarding experimentation on
pregnant women and human fetuses? Was there no concern for those women
who, having been given the methotrexate, might wish to back out of the
experiment with the fetus still alive but lethally afflicted with the
well-recognized teratogenic effects of the drug? Where were the
preliminary animal testing and computer models establishing some
parameters of safety and efficacy for these experiments? Where were the
ethical advisory boards mandated by the Office for Protection from
Research Risks? How many equally invidious experiments of this sort are
now ongoing-and how many are federally funded? Where was the elaborate
bureaucratic multitiered machinery designed to scrutinize such
experiments? Where were the usual whistle- blowers while these squalid
experiments were going on? For that matter, where was the pro-life
movement, and why has the public response been so muted?
Hausknecht and company make much of
the increased privacy flowing from the "abortion cocktail."
This is, to be charitable, a delusion fostered largely by dishonest
reporting and slovenly procedure. In their book RU-486:
Misconceptions, Myths, and Morals, the feminists Janice G. Raymond,
Renate Klein, and Lynette J. Dumble point out that all medical
abortions, far from being purely private affairs between women and their
physicians, are even more public than the conventional surgical
(suction) abortions. A woman seeking a medical abortion of any sort must
submit to a general physical examination (to assure she is an apt
candidate for the drugs in question) as well as to a pelvic examination.
She must have a blood test to confirm the pregnancy and an ultrasound
examination to assure that the pregnancy is within the established
limits of gestation for such an abortion. A legally mandated waiting
period may follow, after which the woman must return to be given an
injection by a physician or nurse. She must return a third time for the
ingestion of the second drug (misoprostol, used both in RU-486 and the
new "abortion cocktail"), whereupon she is subjected to a
second pelvic examination as well as to an elaborate mix of blood tests.
Only then does the woman go home. "To call this an at-home abortion
is deceptive," Raymond, Klein, and Dumble noted about medical
abortions in general, "since most treatment transpires in the
clinic, hospital, or office, and is extremely medicalized."
Moreover, with either RU-486 or
with the "cocktail," the ordeal is still not complete.
"What actually happens at home can be an excruciatingly long wait
for the embryo to be expelled from the uterus, accompanied by pain,
bleeding, vomiting, and nausea and other complications that are drawn
out over a substantially lengthy period of time." Following the
miscarriage the woman must return a fourth time for an examination to
ascertain whether the abortion is complete; this usually entails another
ultrasound examination as well as a quantitative blood pregnancy test
and another pelvic examination. Despite the rhetoric of
"privacy," "women in control," and "demedicalization,"
there have been four office/clinic visits (in the ideal uncomplicated
case), two ultrasound examinations, multiple blood tests, and strict
medical supervision.
A group of investigators at the
University of Edinburgh questioned women who had undergone medical
abortion. In their report What Do Women Want During Medical Abortion,
they found that only 24 percent of the women interviewed preferred to
have the actual miscarriage at home; fully three-quarters of the women
desired the hospital ambience with physicians, nurses, other women
undergoing the identical experience, and support partners present. The
miscarriage of a fetus at home is a lonely, physically trying,
frightening, and demoralizing experience-one that culminates in the
woman viewing her own dead child in a terrifying mass of blood, clot,
and tissue between her legs.
The public must be made aware of
the deceptions, the ethically deeply flawed experiments, the
conscienceless exploitation of women, and the potentially dire
consequences to both mother and (surviving) fetus. The long-term
transgenerational consequences to humanity itself must be examined:
methotrexate is a drug known to be capable of damage to the human DNA,
and as such may induce mutations so grotesque as to be virtually
unimaginable.
If there is one ray of light in all
this for pro-life forces, it is the prospect of the surgical
abortionists crossing rhetorical swords with the medical
abortionists-competing with each other for the obscene commercial
traffic and trashing each other's methods with abandon. Regardless, by
no means does this intolerably unethical and immoral technology spell
the end of the legal battle to ban abortion. That battle has only begun.
Bernard N. Nathanson, M.D., the
author of Aborting America, is a bioethicist at the Center for
Research and Clinical Ethics at Vanderbilt University.