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- ETHICS, Page 70The Gift of Life -- or Else
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- Should toddlers be forced to donate bone marrow so their half
- brother can survive?
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- Jean-Pierre Bosze is not likely to be alive a year from now
- if he does not receive a bone-marrow transplant. Diagnosed with
- leukemia in 1988, the 12-year-old boy from Hoffman Estates,
- Ill., has searched in vain for a suitable donor. His father
- Tamas, his mother and other relatives have had their blood
- tested, but none has the right type. His doctors have consulted
- the National Marrow Donor Program of 180,000 potential donors,
- but the odds of unrelated people matching are 1 in 20,000.
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- The chance of a match between siblings or half siblings,
- however, is higher, which accounts for the drama unfolding in
- the Illinois courts. Four years ago, Tamas Bosze had an affair
- with a woman named Nancy Curran. She gave birth to twins,
- Jean-Pierre's half brother and half sister, who are more likely
- than anyone else to be compatible donors. Last June, Bosze went
- to court to force Curran to have their twins' blood tested and,
- if there is a match, to let doctors "harvest their marrow."
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- Would even the most loving family members want to be forced
- by the courts to donate a kidney or a retina to an ailing child
- or sibling? The chemistry of love and courage often inspires
- one relative to donate organs to another. But to do so is an
- act of will, born of the impulses of a generous individual --
- not the mandate of the law.
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- Last month an Illinois judge ruled that forcing a donation
- would violate the twins' right to privacy. The risk is
- relatively small; doctors withdraw the marrow through a needle
- from the donor's hipbone. But Curran's lawyers argue that there
- is always the chance of complications. "I do not want to see
- my children in pain," says Curran. "My priority in this is my
- children."
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- But this week the case will be back in court; the Illinois
- Supreme Court has ordered the lower court to appoint guardians
- to represent all three children and determine what would be in
- their best interest. "Instead of deciding which parent's view
- will prevail," notes Harvard law professor Alan Stone, "the
- court is suggesting that the children need their own legal
- representation."
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- Bosze's attorneys argue that agreeing to a transplant would
- benefit not only Jean-Pierre but the twins too, by sparing them
- the trauma of knowing that their half brother died when they
- might have been able to save him. Their effort echoes a 1969
- Kentucky case in which a court ordered a mentally impaired
- young man to donate a kidney to his ailing brother. It reasoned
- that the retarded man would be devastated by his brother's
- death.
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- Despite this ruling, few legal experts think Bosze will
- prevail. "The legal tradition is very strong that you can't
- invade a child's body to help another," says medical ethicist
- Daniel Callahan. But he adds that Curran's moral case is far
- weaker than her legal one. "She is being asked to put her
- children at comparatively slight risk to save the life of their
- half brother." Sadly, as Jean-Pierre's condition worsens, the
- issue may soon be moot.
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- By Nancy Gibbs. Reported by Barbara Dolan/Chicago and Andrea
- Sachs/ New York.
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