Do terminally ill patients who have exhausted all other available, government-approved treatment options have a constitutional right to experimental treatment that may prolong their lives? On May 2, 2006, a divided panel of the U.S. Court of Appeals for the District of Columbia, in a startling opinion, Abigail Alliance for Better Access to Developmental Drugs v. Eschenbach, held "Yes." The plaintiffs, Abigail Alliance for Better Access to Developmental Drugs and Washington Legal Foundation, sought to enjoin the Food and Drug Administration ("FDA") from refusing to allow the sale of investigational new drugs that had not yet been FDA-approval for marketing.
A woman is suing her health trust after she was forced to conceive using a donated egg because of delays in her treatment. Greta Mason went into labour to give birth to a child conceived using a donor, her husband Chris said. Mrs Mason says she will bond with her baby regardless of the fact it was conceived using another woman's eggs. But she is suing Worthing and Southlands Primary Care Trust claiming unnecessary fertility tests led to a six-year wait for treatment, meaning her own eggs were too old to use.
Fertility clinics are to receive guidance aimed at cutting the rate of multiple pregnancies. The British Fertility Society and Association of Clinical Embryologists recommends transferring only one embryo per IVF cycle wherever possible.
This article examines the new Model Act on Assisted Reproductive Technology (ART), which was approved by the American Bar Association in February, 2008.
A lesbian couple have won the right to NHS treatment to help them have a baby after threatening to sue health chiefs. NHS Greater Glasgow and Clyde (GGC) had denied Caroline Harris and Julie McMullan IVF treatment as they were not classified as an infertile couple. The health board said it had reviewed its position in light of regulations, including the Equality Act. The women, who were suing the health board for treatment costs, said they had not yet been offered a settlement. The couple were claiming £20,000 after unsuccessful private fertility treatment, which followed them being refused NHS help. They had taken their case to the Court of Session in Edinburgh and a judicial review of the decision was due to take place at a later date. The health board at first stood by its refusal, but it has now agreed to offer the couple treatment at an assisted conception unit.
A LESBIAN couple have won the right to IVF on the NHS after a legal tussle, ahead of laws that will put same-sex patients on an equal footing with heterosexuals. The couple, who remain anonymous, had to go through a legal fight to push the NHS to fund IVF because, at the moment, individual trusts decide whether they wish to pay for treatment for lesbians. The couple were initially refused IVF by their primary care trust because they were of the same sex. One of the women had polycystic ovarian syndrome, which disrupts ovulation, and is one of the most common causes of infertility. From October, clinics will no longer be able to block lesbians by referring to a child’s “need for a father”. Instead, same-sex couples will need to demonstrate only that they can offer “supportive parenting”.
It is three years since the Human Fertilisation and Embryology Authority reviewed its guidelines for sperm, egg and embryo donation in the appropriately acronymed SEED report. But reproductive medicine has moved on so swiftly that Professor Lisa Jardine, who took over last April as the authority’s chairman, believes that it is time to return to the issue. In an interview with The Times she called for a fresh debate on two of the most controversial aspects of donation. First on her agenda is the question of when family members should be allowed to donate to one another. She is concerned about intergenerational donation, such as in two cases in 2007. In one, a Briton aged 72 provided sperm to his daughter-in-law, while in the other a Canadian, Melanie Boivin, froze eggs for her daughter, Flavie, 7, who has Turner syndrome and will become infertile.
A longstanding ban on selling sperm and eggs should be reconsidered to address a national shortage of donors, the head of the Government’s fertility watchdog says. Payments to donors could cut the number of childless couples travelling abroad for treatment, Lisa Jardine, of the Human Fertilisation and Embryology Authority, told The Times.
More than 80% of NHS primary care trusts in England fail to offer the recommended three free cycles of IVF to infertile couples, an MP has claimed. The Department of Health says 30% of PCTs provide three cycles of the fertilisation treatment. But Tory MP Grant Shapps, who has contacted every PCT, says these figures are out of date. A "postcode lottery" operates, with rules on age, relationships and other children varying widely, he insists. In some cases women who would be deemed too old for treatment by one PCT would be seen as too young by another.
The single greatest change to affect the UK fertility sector in nearly two decades will take place tomorrow, Thursday 1 October, as the new Human Fertilisation and Embryology Act 1990 (as amended) comes into force. Changes which will come into effect with the new legislation include: * increasing the length of time people can store their embryos * a ‘cooling off’ period if one partner withdraws consent for embryo storage * extending information access rights for donor conceived people and donors * opening the Human Fertilisation and Embryology Authority’s (HFEA) Register for research * introducing supportive parenting into the welfare of the child provisions * banning sex selection for non medical reasons * clarifying the scope of embryo research
A lesbian couple has won a landmark case against a Californian clinic, where doctors allegedly cited their religious beliefs as grounds to refuse the couple IVF (in vitro fertilisation) treatment. Guadalupe Benitez, 36, of Oceanside, and her spouse, Joanne Clark, sued doctors Douglas Fenton and Christine Brody, at North Coast Women's Medical Group in Vista for discrimination in 2001. The doctors treated Ms Benitez with fertility drugs and provided her guidance about self-insemination but allegedly told her they would not inseminate her, due to their religious objections. The couple was, however, referred to another clinic by the North Coast doctors, which they were told would have no moral objections. Ms Benitez underwent treatment and the couple have since had three children. The discrimination case was finally settled after eight years for undisclosed sum of money.
The Labour party is urging the Scottish parliament to take action to standardise IVF provision across Scotland, after Labour MSP Jackie Baillie discovered wide disparities in provision between the 11 Scottish NHS boards. Ms Baillie contacted all of the boards after having been approached by a constituent who was upset about the length of IVF waiting lists where they lived.
Cash incentives and the payment of funeral expenses are two ideas being put forward to encourage people to donate human organs and tissue. The Nuffield Council on Bioethics is asking the public if it is ethical to use financial incentives to increase donations of organs, eggs and sperm. Paying for most types of organs and tissue is illegal in the UK. The public consultation will last 12 weeks and the council's findings will be published in autumn 2011.