Controversial Scientific Research And Policy Co-ordination: Issues Raised By The Research Of Woo-Suk Hwang Candidate Number: 27184 Supervisor: Professor Julian Savulescu Word Count: 2989 Contents: Page 1 Contents 2 Abbreviations 3 Main Text 3 Hwang – Outlining The Issues 4 Pressures Facilitating Misbehaviour 4 Funding And Publications 5 Media And The General Public 6 Lax Implementation Of Ethical Policy 6 Investors 6 Ethical Review Boards 8 General Problems In Science Raised By Woo-Suk Hwang’s Research 8 Verification 8 Journals 9 Education 9 International Co-ordination 10 Possible Solutions 12 Concluding Comments 13 Appendix A - Background To The Hwang Case 17 Appendix B - Compromising Scientific Integrity 18 Appendix C - Fame And Pressure 19 Appendix D - Information Provided By Hwang To Donors 26 Appendix E - Oocyte Donation 28 Appendix F - Journals 29 Appendix G - Publishing, Credit Where Credit Is Due 30 Bibliography 1 Abbreviations IRB - Institutional Review Board KBA - Korean Bioethics Association LREC - Local Research Ethics Committee MBC - Munhwa Broadcasting Corporation NBC - National Bioethics Committee NIH - National Institutes of Health SC - Stem Cell SCRC - Stem Cell Research Centre SCNT - Somatic Cell Nuclear Transfer SNU - Seoul National University 2 Hwang – Outlining The Issues [See Appendix A for a more in-depth timeline] Woo-Suk Hwang trained as a veterinary scientist and in 2003 claimed to have developed BSE-resistant cattle, but this was never published and remains unverified. For two related projects: ‘The Social Impact Of BSE-Resistant Cows’ (2001) and ‘Ethical Guidelines And Commercial Use Of Bio-Organs’ (2003) Hwang paid KyYoung Park $250,000 [1]. From 2002 Park had close-connections with Government, becoming more influential in 2003 as a presidential advisor of science and technology. Hwang became a scientific enigma and celebrity after offering proof of cloned human blastocysts: ‘Evidence Of A Pluripotent Human Embryonic Stem Cell Line Derived From A Cloned Blastocyst’ [2]. Nature questioned Hwang’s ethics after an interview indicated that oocytes used were donated by junior researchers. Hwang denied the allegation but suspended research until the ‘Biosafety Act’ came into effect in January 2005. After resumption, Hwang told Park and Gerald Schatten, an American collaborator, that four of six stem cell (SC) colonies he had created were infected with Fungi. Park oversaw implementation of preventative measures but did not officially report the incident [3]. Schatten urged Hwang to publish anyway [4] and Hwang submitted ‘Patient-Specific Embryonic Stem Cells Derived From Human SCNT [Somatic Cell Nuclear Transfer] Blastocysts’ [5] to Science. Later, Schatten informed Science about allegations of illegally traded ova [6] and subsequently broke links with Hwang because he had been misinformed about consent issues. In December, Munhwa Broadcasting Corporation (MBC) reported that independent DNA analysis indicated that one SC line did not match its supposed donor. Investigations were started at both Schatten’s and Hwang’s institutions, Pittsburgh University and Seoul National University (SNU) respectively. SNU soon found that much of Hwang’s work was fabricated. Hwang rose from global obscurity to Scientific American’s ‘Research Leader of the Year 2005’ - exposure of “Korea’s Cloning King” [36] as a fraud rocked science. Hwang’s case highlights that sound research ethics is paramount to reliable science. It appears Hwang was a good scientist operating in an environment that was conducive 3 to misadventure. Hwang credited his ‘success’ to plentiful funds, abundant oocytes, and a supportive political/legal environment. But these, together with ambition, also created an environment for scientific tragedy. Hwang met with many pressures but few constraints; the choices he made at each juncture made his eventual discrediting acts evermore likely. The Machiavellian desire for “community recognition and prestige” [7] in modern science cannot be underestimated nor easily mitigated. Here the pressures scientists are exposed to and the minimal constraints they experience will be discussed and some possible solutions forwarded. Pressures Facilitating Misbehaviour Funding and publications One could argue that funding directs, if not dictates, science: without funding science cannot be realised. Publications provide investors with information regarding the researcher’s capabilities and therefore there is great pressure to publish. Fundingadvantage is gained from how far up the journal hierarchy one publishes. The Research Assessment Exercise implements selective funding for universities – but there is suspicion that the publishing journal is “given greater weight than the papers' content” [39]. Ground-breaking papers are more likely to secure a major journal; attract more public and/or commercial interest and be favoured by investors. Thus, researchers could feel pressure to exaggerate their capabilities and there is a fine-line between exaggeration and deception [Appendix B]. Luk Van Parijs was recently fired for fabricating papers to support grant applications [8]. The majority of funding comes from Governments, companies and private investors. Companies have a specific interest in the funding research that could improve their profit margins. Pressure from investors can influence research; in a survey of NIH researchers 15.5% admitted to altering their research approach under pressure from funding sources [8]. Barnes investigated whether scientist affiliation affected research conclusions. 106 passive-smoking review articles published between 1980 and 1995 were analysed; 37% concluded passive-smoking was not harmful. Of these 74% were written by tobacco-affiliated authors. Barnes found to 95% confidence that conclusions related to the affiliation of the author [9]. Given that many private donors 4 prefer to remain anonymous, this could cause serious problems in judging a researcher’s bias. Hwang may have felt pressure from Government. Since much of Hwang’s early research was unpublished it is interesting that he commanded such a sophisticated lab. His work was better known in South Korea than worldwide; but should unsubstantiated claims of creating BSE-resistant cattle secure ~$40 million in Government grants? There is suspicion that Hwang ‘employed’ Park to further political support for his own research [1]. Hwang’s association with Park may have enabled him to attain his position. Pressure on Hwang to succeed would be immense because the nationalistic ethos of South Korea would mean Hwang’s fame reflected well on the Government [38]; thus, providing symbiosis in the relationship. Media and the general public Hwang “never shied away from the strong appeals to nationalism” that fuelled his rise to stardom. Soon after cloning his first cow, Hwang promised to "spread the Korean people's spirit by cloning the [holy] Mount Paektu tiger". Revered by the public, Hwang was treated like a “rock star” [37]. The government issued ‘Dr Hwang’ postage stamps depicting a paralyzed person walking again [Appendix C] and textbooks were rewritten - one describing Hwang as a potential Nobel Prize winner [10]. Hwang was a symbol of everything that South Korea stood for and desired, his picture was plastered on public transport and posters were released proclaiming he would change the world [Appendix C]. To further Hwang’s research was to further South Korea. At the pinnacle of Hwang’s popularity a survey indicated that 30% of women would donate their ova to research and 45% of men wanted their partners to donate [11]. A website (www.ovadonation.or.kr) was set-up in November 2005 for women to pledge their eggs to research. In seven days, 800 women had signed up and the message board was full of encouragement for Hwang. Kim Yong-Hae, a disabled 27 year old, wrote “Please don't give up, doctor Hwang. Your research is my only hope. You should take all of my ova if they help" [12]. “Worshipped by so many people, Hwang [had] no choice but to accomplish even more as soon as possible so as to live up to the expectation of his fellow country people” [13]. 5 The media is crucial in stoking public reaction and stories about Hwang’s research and its implications for the future of humankind were commonplace. Irresponsible reporting and unfounded speculation by scientists bred misconception and false hope within the general public and lead to extra pressure on Hwang to deliver results. Unfortunately, some scientists allow such misconception, probably because media attention can bring fame and funding. Schatten’s comment regarding the future of his collaboration with Hwang is one example: “we will be able to make a person to have [sic] immunity against HIV... his somatic cells can be cloned to produce HIV-resistant cells” [14]. Following comments like these scientists and the media were looking for proof; one must either produce results or lose face.. Lax Implementation Of Ethical Policy Investors The Stem Cell Research Centre (SCRC) invested in Hwang’s 2004 paper. Hwang’s co-author, Shin Yong Moon, was the SCRC president and sat on its ethics committee which “prohibits the production of human embryos for stem cell research” [15]. Thus, it is questionable whether Moon should have worked on the project and whether the SCRC should have donated. Similarly, it is problematic that the Government department that invested so heavily in Hwang was also his regulator. Because Park did not officially report the infection of Hwang’s cell lines or her intervention it was more difficult to uncover subsequent fabrications. Park should have reported to the President [3] and her failure to do so probably indicated to Hwang that he was politically immune and that the government wanted him to succeed at any cost. Park must have known that Hwang’s 2005 paper was compromised because the four infected SC lines were included, yet she did not expose nor question Hwang. Ethical Review Boards The Institutional Review Boards (IRBs) of Hanyang University and SNU both approved Hwang's research, and his proposal was quickly passed by the National Bioethics Committee (NBC). However, it appears numerous oversights were made. Following Hwang’s exposure, the NBC determined that Hwang failed to sufficiently 6 protect donors: he provided insufficient information on the possible risks of donation [Appendix D] and allowed 15 women to donate more than twice [16]. They claim that by handing out ova-donation consent forms to junior researchers in his team Hwang broke the Helsinki Declaration - a set of ethical principles adopted by the 18th World Medical Assembly (Helsinki, 1964) and last updated at the 52nd World Medical Assembly (Edinburgh, 2000) to provide guidance in medical research involving human subjects - because he did not act responsibly with a subject “in a dependent relationship with the physician”. Hwang’s somatic cell donors suffered from congenital hypogamma-globulinemia; spinal cord injury; or juvenile diabetes. Magnus and Cho, two ethicists who have provided commentary throughout the Hwang case, find it “easy to understand the value of SCNT experiments using somatic cells donated by individuals suffering from genetic disorders”. But they find it “difficult to understand why spinal cord injury patients [were] recruited” because their inclusion increased the likelihood of people inaccurately attributing therapeutic intent to the research (therapeutic misconception) [17]. However, because none of the donors could feasibly benefit from the research there was no reason to enrol patients rather than healthy volunteers, especially if one were worried about therapeutic misconception. Somatic cell donors were only required to be unique from oocyte donors [which produced its own ethical debate – Appendix E]. The use of vulnerable groups without reason was ethically unsound. Acknowledging Hwang’s prominence, Magnus and Cho question how truly independent IRB members were [17], especially given allegations that Hwang nominated some IRB members [18]. NBC head, Yang Sam-Sung, tendered his resignation because of undeclared conflicts-of-interest (he was Hwang’s lawyer) while reviewing Hwang’s research. Evidence suggests that Hwang was aware of ethical issues following his 2004 paper. In January 2005, Hwang consulted Dr Jung and together they devised some of the most ethically defensible protocols for research conduct. However, Hwang ignored these protocols though later Hwang, and perhaps IRB members, knowingly falsely asserted that they were being adhered to. Jung and Hyun had to retract their paper about the ethical integrity of Hwang’s research [19,40]. 7 Collaborating with Schatten meant Hwang’s research crossed numerous regulatory borders. Schatten’s IRB resolved, using the Federal definition, that no human subjects were used; and because samples could not be traced back to the donor the research was exempt from full IRB review. However, South Korean organ sharing laws required that donors benefit preferentially if therapies are developed via research, thus at least one scientist should have been able to link samples to donors. Therefore, while Schatten was involved, Hwang’s research should have had full American IRB review. The USA National Research Council – Institute of Medicine now recommends all embryonic SC research have full IRB oversight. General Problems In Science Raised By Woo-Suk Hwang’s Research Having discussed the issues that culminated in Hwang’s fraud there are some other areas that require noting. Verification Traditionally, science is verified via replication and bad-science identified through an inability to replicate. However, Robert Merton found that most modern research is never formally replicated [20]. Replication may be illegal (few institutions could have replicated Hwang’s work) and is, by definition, non-original. Scientists are reluctant to waste resources producing unpublishable and, in funding terms, worthless results. Labs designed solely for replication are inconceivable given their waste of cost and expertise. Journals Magnus and Cho believe journals have an obligation to publish scientifically sound research. Journals must be satisfied with the ethical conduct of researchers and draw attention to any ‘grey areas’. Research that crosses ethical or legal boundaries, they state, should not be published [21]. They are claiming that journals should act as arbitrators, ensuring a paper is scientifically and ethically sound before publication. However, this Manichean stance may misjudge the role of journals and is arguably unworkable in modern science [Appendix F]. The ethical issues surrounding Hwang are still contentious and the number of authors [Appendix G] on a single paper makes 8 it unclear where responsibility lies.The role of journals in ensuring scientific and ethical integrity is complex and remains to be resolved. Education Hwang’s research highlights the difference between gaining research approval and conducting research ethically. IRB approval does not ensure ethical practice. Hyun considers that originally Hwang’s team had very little ethical knowledge and on moving their focus from animals to humans they applied the same concepts in ethics as in science [Insoo Hyun, personal communication]. A study of over 900 biotechnology researchers in South Korea found that 46% had not heard of the Helsinki Declaration; 39% had heard of it but did not know what it was; and 42% did not know about IRBs [22]. South Korea is not the only place where miscomprehension about ethical issues can occur. Generally, there is little ethical education in science. Ethics is seen as integral to modern medical training; however the University of Oxford course in Molecular and Cellular Biochemistry does not touch upon research ethics. To assume graduates enter research fully appreciating their ethical responsibilities is naïve at best and dangerous at worst. As the case of Hwang vividly illustrates, researchers with insufficient ethics education are a risk to themselves, their colleagues, their institution and to the scientific community and public in general. International Co-ordination The failure of Schatten’s IRB to recognise that the Korean organ sharing law meant full IRB review was required demonstrates the difficulty of regulating international collaboration. Regulating SC research is a compromise between advancing knowledge and protecting national ethical standards, Cultural diversity manifests itself as a patchwork of legal environments [41]. Co-ordinating science trans-nationally poses questions other than collaborations. Germany bans the derivation of embryonic SC lines and invokes extraterritorial jurisdiction; would a German patient travelling abroad to donate cells for embryonic SC research be legally exposed? 9 Possible Solutions Hwang’s case highlights the numerous threats to ethical integrity faced by scientists today. Safeguards must be put in place to facilitate good research practices. Good research is dependent on good ethics. Education is critical to ensure that researchers understand their responsibilities. Ethics should be compulsory in biological degrees. It should deal with practical aspects of research: justifying the use of and working with vulnerable groups; informed consent and rights of participants. Those working with human subjects should take appropriate courses and satisfactorily demonstrate relevant knowledge. This education should be renewed every few years in light of the constant evolution of science. A committee without conflicts-of-interest should have been able to highlight the ethically questionable aspects of Hwang’s research proposal. Thus, ethical assessment independent of, and in an environment separated from, the researcher is essential. However, this assumes that Hwang’s proposal detailed the methods he intended to use. Without auditing research to ensure guidelines are adhered to scientists have freereign once approved. Hwang was able to ignore the protocols he drew up with Jung not even asking donors to sign IRB approved consent forms [23]. Many suggest onsite monitoring by IRBs is appropriate [26]. Magnus and Cho suggest this IRB should be independent of that approving the research [17]. Additionally, where applicable, suitable agencies could keep patient samples for independent analysis and ensure that cell lines are submitted to an international depository for validating. Donors should be carefully and ethically selected; and currently, it would be ethically advantageous to use donors who would not benefit from prospective treatments. It may also be beneficial to set-up a donor register to ensure proper regulation of this aspect of research. Healthy donors should be protected by ethical guidelines, just as patients are in clinical research. To further protect donors science should work towards reducing the misconceptions surrounding SC research. To this end, journals could ensure that only realistic claims, with an estimated time-scale for fruition, are published. 10 The question of whether to publish unethical research has arisen before with reference to Nazi experiments. Many suggest that there should be limits on what is published. Much Nazi ‘research’ had no scientific value and was a simple disregard for human dignity; however, some was important. Dr Epstein used results of his research to help children recover from Noma (orofacial gangrene) [24] - the scientific worth of unethical experiments should not be lost. To prevent distribution of scientific credit unethical research could be published anonymously. Hwang’s case demonstrates the difficulty in assessing a paper’s ethics. Journals could review IRB and consent forms to inform their decisions and research auditing would support this. However, only with open debate following publication did details of Hwang’s research and its ethical questions become apparent. Journals should publish research such as Hwang’s because it would be ethically questionable to withhold valid data. By highlighting questionable legal/ethical areas journals could facilitate debate by lawyers and ethicists. Journals should determine the contribution of each author so that, if required, responsibility for ethical lapses can be assigned. It seems unlikely that global consensus on SC research will soon be reached. To facilitate discussion, the ‘Hinxton Group’ [41] calls for legal clarification with regard to SC research[ers]. There was consensus that scientists should be free to conduct ethically defensible research in a country where such research is legal. The group is developing a website where scientific and ethical protocols can be deposited so that collaborating scientists can conform to a common set of protocols appropriate to both jurisdictions and available to public scrutiny [25]. The Group’s move toward documenting ethical and scientific policy in its global context is an important step towards establishing global standards of ethical review. It would be desirable to remove some of the pressures from scientists. One possible solution is to distance researcher from funder, perhaps by centralising funds. Funds could be directed to projects through a registered agency. Initially, funders could be put-off by this approach. However, since many commercial investors invest to further or protect their products, research that cannot be dismissed as investor-influenced is more legally sound and hence beneficial. While this sounds idealistic, centralisation 11 of funds occurs within the EU. However, some contentious issues do arise: Germany bans SC research yet its contribution may be used to fund SC research. Concluding Comments Evidence suggests that Hwang was originally a pioneering scientist, and nuclear extrusion techniques he developed have furthered cloning research. However, the extreme pressures of his work environment complemented by lax implementation of ethical policy and his ambition led Hwang to make grossly unethical decisions that compromised his integrity. Hwang personifies the fact that good science requires good ethics. With Thanks to: Alison Murdoch, Debra Matthews, Jung Kyu-Wong, Minou Friele, and Insoo Hyun 12 Appendix A – Background To The Hwang Case: Pre-2004: In 2003, Hwang claimed to have developed BSE-resistant cattle but this, and much of his early work, was unpublished. Related to this work, Hwang donated $250,000 between 2001 and 2004 to Ky-Young Park, a biologist at Sunchon National University. Park undertook two projects for Hwang: ‘The Social Impact of BSE-resistant cows’ (2001) and ‘Ethical Guidelines and Commercial Use of Bio-Organs’ (2003). Park had close-connections with Government policy-makers from 2002 and often acted as an unofficial mediator between Hwang and Roh Moo Hyun’s Government; becoming more influential in 2003 as a presidential advisor of science and technology. 2004: Hwang published ‘Evidence of a Pluripotent Human Embryonic Stem Cell Line Derived from a Cloned Blastocyst’ [2]. This was the first time anyone had offered proof of a cloned human embryo, let alone successfully extracted SCs from it. Ky-Young Park was listed as a co-author. Nature questioned the ethical framework under which Hwang’s research was conducted after an interview indicated that eggs donated by junior researchers were used. Hwang denied such allegations but voluntarily suspended this research until new Bioethics Laws (Biosafety Act of 2003) came into effect. The KBA asked Hwang to answer questions about recruitment of egg donors and funding sources. They recommended that the National Human Right Commission investigate the case, but the commission’s bioethics committee did not review specific research projects [15]. Hwang and Shin Yong Moon declared that they did not consider the KBA neutral because it advocated “restricting the pace of biomedical advancements” [26]. Between suspension of his research and the new Korean Biosafety Act becoming law, Hwang collaborated with Gerald Schatten, a primate researcher at the University of Pittsburgh. 13 Using techniques for extrusion of oocyte DNA developed by Hwang, Schatten cloned the first monkey embryos from which SCs could be removed [27]. Though a live birth was not achieved Schatten’s group successfully developed embryos to the blastocyst stage. Success was seen to be validation of Hwang’s techniques for somatic cell nuclear transfer (SCNT). January 2005: The Biosafety Act 2003 becomes law on the 1st, Hwang put in an application for approval. 9th January, Hwang reported to Park that four of the six SC colonies he had created were infected with Fungi. Park oversaw implementation of preventative measures but did not officially report the incident [3]. On the 13th, Hwang’s research became the first to be approved under the new legislation. Hwang told Schatten that SCs lines 4 to 7 had become contaminated, but Schatten urged Hwang to publish anyway because SCs had been produced [4]. June 2005: Hwang submitted his second ground-breaking paper ‘Patient-Specific Embryonic SCs Derived from Human SCNT Blastocysts’ [5] to Science. Schatten and Sung-Il Roh are listed as co-authors. August 2005: On the 3rd, Hwang and colleagues announce that they have created a cloned Afghan hound, Snuppy [28]. As canines produce very immature oocytes many thought that cloning dogs would be more difficult than human cloning. Schatten informed Science of about allegations that Sung-Il Roh illegally traded ova, but insisted that none of the women who donated eggs for their papers were reimbursed [6]. Schatten broke links with Hwang claiming that he was misinformed about consent issues surrounding the 2004 paper. Hwang submitted corrected tables for the 2005 paper. 14 Roh admitted that Hwang had unwittingly used 20 eggs that had been paid for. Undercover reporters for PD Notebook, a MBC investigative program, endorsed the accusations and Hwang was forced to concede that he had used eggs that were paid for and eggs from junior researchers. December 2005: MBC questioned the credibility of Hwang's research after obtaining five patientspecific cell line samples from Hwang’s lab. Independent DNA analysis indicated that one cell line did not match its supposed donor. Ethical concerns are eased by the conclusions of Hanyang University Hospital’s IRB on Human Subjects Research that Hwang’s research was not illegal, nor in violation of the 1964 Helsinki Guidelines that prohibit coercion of research subjects. ~$1,445 was paid for direct expenses, but this had no impact on the validity of the scientific conclusions and the two junior researchers donated oocytes voluntarily and without coercion [29]. MBC was forced to apologise for unethical journalism practices following reports that PD Notebook coerced incriminating statements. Hwang was once again in the headlines after informing Science that the 2005 paper included redundant images. Not in the original paper they were submitted by Schatten as supporting evidence. The University of Pittsburgh opens an investigation; quickly followed, at Hwang’s request, by a Seoul National University (SNU) investigation. Dr Ian Wilmut asked for independent verification of Hwang’s research. Schatten expressed doubt as to the scientific value of the paper. Asking for his name to be removed from the paper, Schatten stated that new information and re-evaluation of data “casts substantial doubts about the paper's accuracy” [30]. 15 December, Roh quotes Hwang saying “there are no cloned embryonic stem cells”. Hwang and Schatten requested their paper be retracted because their data “could not be trusted”. Hwang maintained that, although mistakes occurred, patient-matched SCs were created. Initial SNU investigations concluded that large proportions of data for the 2005 paper were fabricated; that data came from two cell lines rather than eleven. Verification as to whether the two cell lines were clones was still awaited. 15 29 December, SNU reported that there was no evidence that SCs came from patientspecific clones. DNA did not match the patients it was meant to but embryos created by in vitro fertilization. Science declared it was moving toward an editorial retraction. January 2006: Retraction was confirmed on 4 January 2006. PD Notebook alleged junior researchers were coerced into donating eggs. The SNU investigation concluded that both 2004 and 2005 papers were based on fraudulent data but that Snuppy was a clone and not simply highly inbred. Hwang apologised, but insisted that his lab was capable of producing patient-specific SCs and suggested that other researchers may have sabotaged his work. Hwang claimed his lab could create patient-matched SCs in six months given a favourable research environment. The SNU investigation found that Hwang’s “team was in possession of technique[s] [for] creating cloned human blastocyst[s]”. But, they saw initial cell colony formation as successful establishment of a cell line, and without any further corroborating evidence the scientific basis for claiming success was “wholly lacking” [31]. Schatten is declared innocent of research misconduct by University of Pittsburgh, but they found him guilty of research misbehaviour for not exercising sufficient critical perspective on collaboration with Hwang [32]. Summary: Hwang's team possessed neither patient-specific embryonic SCs nor the NT-1 cloned eSC cell line (it was probably parthenogenic). The scenario of a rogue scientist swapping cell lines in order to undermine Hwang’ research can not explain the parthenogenetic cell line nor the fabrication of DNA profiles. It appears that scientists worked complicitly to deceive those reviewing and publishing the paper. Hwang was able to produce, and in possession of, cloned SCNT human blastocysts. Snuppy was successfully created by SCNT, and Schatten successfully cloned monkey blastocysts. 16 Appendix B – Compromising Scientific Integrity: A survey of NIH researchers found that 1.5% would admit to falsifying or plagiarising data [8]. Such is the pressure to publish that some researchers may start the publication procedure before they have results to support their assignations – believing that they can predict the outcome from their preliminary findings. Strong belief in the general principles of ones science could lead to scientists making rash judgements; for example, authors of the 2000 Vioxx study failed to inform The New England Journal of Medicine that several patients had heart attacks while taking the drug. Additionally, an article on Celebrex in The Journal of the American Medical Association has been discredited because the authors submitted only 6 months of the 12 months of data they collected [33]. Perhaps worst of all, Paul Kornak altered patient medical records to facilitate their enrolment in drug trials from which they should have been omitted due to existing conditions. One patient died and Kornak was recently jailed for criminally negligent homicide [8]. 17 Appendix C – Fame and Pressure: Stamps dedicated to Hwang, they depict a paralysed man regaining full movement. Taken from: http://www.sciencemag.org/cgi/reprint/308/5729/1738a.pdf 1. 1. 2. “The scientist that changed the world - Hwang Woo Suk” Taken from: http://www.occidentalism.org/?cat=8 2. South Koreans viewed Hwang as holding the hopes of the world [37] 18 Appendix D – Information Provided By Hwang To Donors: The information sheets and consent forms used by Hwang have caused much concern amongst commentators, yet they have proved difficult to obtain. The following documents were taken from Schatten’s final submission of ‘Patient-Specific Embryonic Stem Cells Derived From Human SCNT-Blastocysts’ to Science. For those wishing to assess the standard of the translation the original Korean version of the consent form has been included. With thanks to Alison Murdoch. 19 Information for Oocyte Donation for Therapeutic Cloning Research Information for Oocyte Donation for Therapeutic Cloning Research We would like to request your permission to enrol you as a participant in a research study. This statement is to provide basic information and knowledge in regard to oocytes donation for therapeutic cloning research. Neuronal tissues can be injured by various routes-such as stroke, cerebrospinal injury by trauma, Parkinson’s disease, Alzheimer, encephalopathy, kinesio-neurosis, cerebrospinal lesion and more. These injuries may cause death/reduction of working nerve cells/tissues, leading to permanent brain damages and bodily disorders. Unfortunately, however, effective treatment methods for these conditions are rare, often with doubtful treatment efficacy. These conditions have posed significant social and economic burden, not to mention economic and psychological hardships for patients and their families. If an individual were paralysed from cerebrospinal injuries by trauma, which may occur especially among a young age group, the duration of medical and social dependency would span throughout the normal life expectancy. Therefore, the need for developing a novel and advanced therapeutic method cannot be emphasized too much for these individuals. The new therapy for treating these degenerative diseases/ tissue injuries could be found from the method whereby injured (nerve) cells are replaced by normal (nerve) cells, and stem cells can be an excellent candidates to be used to replace injured cells. Many scientists are actively conducting research to understand the characteristics of stem cells. Especially, stem cells called ‘cloned embryonic stem cells’ can re-generate damaged nerve cells when they are grown in large scale, differentiated to nerve cells, transplanted into a damaged nerve tissue. The ‘cloned embryonic stem cells’, since they are identical to the damaged cells, are less likely to suffer from immune rejection, opening a new path to the possible treatment/cure of the various diseases. Although stem cell research is in its infancy, rapid technical and scientific development anticipates the actual clinical application in the near future. As one of the global leaders in the field of stem cell therapy/research, this research institute endeavours to address various diseases by researching cloned human embryonic stem cell lines through a technique called ‘somatic cell nuclear transfer (SCNT)‘. The schematics of the SCNT process are described in the figure. The current research protocol aims to obtain human embryonic stem cell from the SCNT procedures, differentiate (grow to be a specific type of cells) into neuronal stem cells, and grafted (transplanted) into patients with neuro-degenerative diseases. The protocol also aims to test the feasibility of the efficacy and safety of the procedures. For this purpose, voluntary donation of somatic cells and oocytes is needed to obtain cloned stem cell lines. In order to help you make decisions for your voluntary participation, we would like to inform and explain in detail the study procedures. You have your right to refuse to participate, redraw from the study, and cancel the intention to donate 20 oocytes at any time prior to the actual donation without any penalty or loss of benefits, which otherwise you are entitled to. Information for Oocyte Donation for Therapeutic Cloning Research Cell fusion Cloned blastocyst <Establishment of human cloned embryonic stem cells by somatic cell nuclear transfer (SNCT) procedure> This study utilizes human oocytes and somatic cells that are donated by you voluntarily. There is no direct benefit to you as a result of your participation in this study. No financial reward (in any form) will be provided. It is hoped that the information obtained from this study may help us better understand how the stem cells work. Oocytes donated herein can be used for the treatment of anonymous patient(s), who is (are) not related to you in any way. If oocytes are donated on behalf of your family member, the designated family member has the priority to receive the donation. However, any unused oocytes can be used for the treatment of anonymous patient(s), who is (are) not related to you. You will be interviewed on your medical history upon enrollment, and several gynecological tests such as pelvic examination (manual examination of female reproductive organs) and ultra- 21 sound examination (ultrasonography) may be given. According to the legal/regulatory requirement, several laboratory blood tests such as hepatitis test, ADIS test, and syphilis test are required to determine whether you can participate in the study. Information for Oocyte Donation for Therapeutic Cloning Research In order to retrieve oocytes, you will undergo a procedure to induce ‘over-ovulation’ (normal ovulation is one per menstruation cycle) and collects many oocytes at once. ‘Over-ovulation’ refers to the procedure to speed up the growth of several ovarian follicles (where an oocyte is nurtured) by the hormonal injection. More specifically, the hormonal injection starts at 2 ~ 3 days after the onset of menstruation, and continued for 7 ~ 10 days. Matured ovarian follicles can be seen using ultrasonography, and doctor(s) will determine the exact timing of extraction procedures. For the retrieval of oocytes, you may need to undergo general anesthesia (insensibility to general sensation with loss of consciousness). While you are unconscious, oocytes will be retrieved via needle under the guidance of ultrasound (a special vaginal probe resembling a tampon will be inserted into your vagina). During this retrieval process, you shall not feel any significant pain other than discomfort related to the general anesthetic procedures. The procedures are conducted typically in the morning. Therefore, you should not eat breakfast since anesthetics sometimes could cause vomiting in some people. Under the doctor’s observation, you may return home in 2 ~ 3 hours after the procedure. We would like to emphasize that there could be unknown risks associated with this procedure. The major discomfort prior to the donation is related to the blood collection for several preliminary tests, which may cause pains, bleeding at a lesion site, vein infection or other types of general infection. In addition, during the over-ovulation procedures, injected hormones may bring known side effects or symptoms such as headache, nausea, hyper-sensitivity, blood clots, and flare at an injected site. During the oocyte retrieval, anesthetic agents that are injected for the general anesthesia may cause side effects such as nausea and vomiting. If you have not been sexually active, it is possible that ‘hymen’ (thin membrane near the vaginal opening; you may or may not have it regardless of your sexual history) could be damaged. If you found that you are pregnant or suspect possible pregnancy during any stages of participation, please inform the researchers as soon as possible, and stop the participation. Whenever suspicious or unusual symptoms occur, you may seek the help/medical attention from the physician-in-charge or clinical investigators immediately. There may be other side effects, although not described above or forecasted. If present, please report to your physician-in-charge immediately. All the procedures will be explain to you again when you are scheduled for meeting with initial consultation, and you may ask detailed questions for all the procedures at any point during this study. In case you are donating ‘surplus’ oocytes for in vitro fertilization (in IVF procedure), there will 22 be no additional discomfort/procedures other than IVF procedure itself. In any circumstances, oocytes will not be collected in excessive amount against your intention, and oocytes can be donated only with the prior written intention/consent for the donation. Other than that, after the donation, equal right and rules applies to all donors. Information for Oocyte Donation for Therapeutic Cloning Research With the successful completion of this project, a new therapeutic cloning method may help others in the future. Accordingly, the potential benefits/commercial value, including the intellectual property, may rise from the outcome from this research. However, it is important to inform you that any immediate medical breakthrough cannot be promised by any means. In addition, we would like to inform you that you cannot reserve, file, or claim any right on the outcome of the research activities resulting from this donation. During and after the study, all the medical records and identifiable information that are associated with you will be securely protected. If the experimental results are disclosed in academic journals, textbook, or other form of publications, the identity of the donor will be strictly classified and protected. Your signature below indicates your willingness to participate in this study, and your authorization to gather, use and share with other researchers, both domestic and international, your private confidential health information under the strict legal guidance on the extent and method of use or release individual information for research purpose. However, you can withdraw from the study any time. If you are injured or affected by the side-effects during the course of the study, or if you have any questions about any aspect of the study, please contact the researcherin-charge and other co-investigators at the number provided in this form. You will always receive help properly and immediately. Biomedical and Biotechnology Research Team, Seoul National University Contact Number: 019265-0209 23 24 25 Appendix E – Oocyte Donation: The South Korean ethos, in promoting altruistic donation, poses new questions for research participation. Excess IVF embryos are seen as the most ethically acceptable source of oocytes - whether they are suitable for all research is a controversial question. Excess IVF embryos currently have ethical and legal advantages for use in SC research because the woman, having given clinical consent for the IVF procedure, is a patient. As a patient she is able to give research consent for any excess embryo’s to be used for research. Hwang required unfertilised oocytes, and many indicate that ‘fresh’ oocytes from younger donors are most productive. To obtain ‘fresh’ oocytes Hwang enrolled patient family members, as akin to organ donation. Many suggest that oocyte donation and organ donation are equivalent. This maybe true when, and if, SC therapy becomes clinically viable. However, clinical viability is unproven and the argument invalid. Organ donation from family is ethically comprehensible because donors gain personally from the patient’s recovery. Will family feel a duty to donate to SC research without any foreseeable benefit? Research donors must be made acutely aware of the gulf between research and therapy; currently, family maybe more ethically vulnerable than altruistic donors. The use of altruistic donors raises its own ethical and consent problems. Women donating eggs purely for research, altruism, are hard to classify as patients because the procedure go against their best interests. The women expose themselves to not insignificant risks only for the presumed future good of others. Studies put the risk of ovarian hyper-stimulation syndrome following oocyte procurement from 0.1% up to 10%. Altruistic donors, especially with regard to organ donation, have their motives severely scrutinised and some societies find that such donations are ethically and practically difficult. With organ donation ethical concern is raised by recipients feeling indebted to donors and/or the possibility of donors expecting some form of reward. Altruistic donors to research could be treated as research subjects. However, research subjects usually partake knowing that the research results could be of direct benefit to themselves – this is extremely unlikely for SC research. Additionally, the classification of research subject may not be adequate because the research is not in 26 the procedure the donor undergoes but in the use of their donated tissue. Informed consent for research subjects focuses on the research - the post-procurement details that have no risk for the subject. Information sheets and consent forms used by Hwang dealt little with the risk of procurement [Appendix D], though this is the only significant risk undertaken. Risk being undertaken to provide raw materials for research requires new ideas for consent. Magnus and Cho recommend the term ‘Research Donor’ be used for those undergoing not insignificant risk in donating [21]. A delicate position because risk will vary with the type of donation but equivalent rights should be available to all donors. With regard to donor rights, many advocate the creation of donor databases. Such facilities would allow donation to be properly regulated and protect donors from taking part in ‘incompatible’ research projects. The website www.ovadonation.or.kr is worrying because the details regarding donation are unclear, at least to the author at this time. Will the website act as a depository which licensed researchers can use to approach women willing to donate, or will a private ‘oocyte procurement’ company contact registered women? The former option could prevent women donating more than the legal number of times and ensure that a suitable time-space is left between procedures. Women, once contacted, would become ‘research donors’ and go through IRB approved informed consent procedures. The latter possibility raises concern that women may be exploited. Would women decide which research benefits from their oocytes? Will oocytes be ‘sold’ for profit or reproduction? The website highlights the need for regulation of not just research but tissue donation. Regulation in this area may take its lead from the UK where the fertility watchdog is planning to revise laws to allow oocyte donation for research. 27 Appendix F – Journals: Journals chronicle original developments in science. If research has scientific value it is outside the remit of journals to censor. Often it is unclear whether research is unethical or illegal because the answers are not mutually exclusive to the context. Whether it was unethical of Hwang to use eggs from junior researchers depends on Hwang’s involvement and the South Korea ethos. Additionally, there was little precedence for the case because such a situation had never arisen before. Previously researchers have taken part in their own research and this is now seen as unethical. However, this was donating to rather than participating in research, and even now there is division on whether Hwang broke ethical protocol. Journals could assess a paper’s ethics; though this problematises what ethical means. If illegal, is something by necessity unethical? Should an American journal publish research that though legal/ethical in its country of origin is illegal/unethical in America? Most argue that ethical and legal considerations should come from the country of origin rather than publication. The Hinxton Group encourages journals to “require a statement from scientists that their research conforms to local laws and policies” [25]. Journals and peer-review are concerned with scientific originality. If excessive time was spent debating a paper’s ethical quality originality could be lost and this would be disadvantageous to both journal and author. Additionally, results of the NIH survey suggest that peer-review may be deficient because 12.5% of over 3000 respondents admitted to ‘looking the other way’ when colleagues used flawed data [8]. 28 Appendix G – Publishing, Credit Where Credit Is Due: The link between publications and funding means it is common practice for anyone, even vaguely, involved with research to be a co-author. Additionally, lead authors may not be the most significant person in the research; as exemplified by the current case surrounding ‘Dolly’ which has striking similarities to Schatten being secondauthor on Hwang’s 2005. For the last ten years, Dr Ian Wilmut has been widely credited with the successful creation of ‘Dolly the sheep’ via SCNT-cloning. However, a recent legal hearing forced him to admit that he was only the lead author because of a prior agreement and that Professor Keith Campbell deserved 66% of the credit [34]. Additionally, it appears that much of the work was done by two technicians, Bill Ritchie and Karen Mycock, who because of their positions were not seen worthy of co-authorship – merely being acknowledged at the end of the paper [35]. It is obviously advantageous for scientists to author/co-author as many publications as possible; thus, driving the trend for ever increasing numbers of authors. There were 15 and 25 authors respectively on Hwang’s 2004 and 2005 papers. Though most were probably involved, should they all be authors? Research has two components: theory and practice. It is no longer the case, given the high degree of specialisation in modern science, that these are approached by the same person. Both are integral to success but there are vast differences between academic theory and technical expertise - it may be valuable to draw such distinctions within papers. Journals are considering making authors detail their involvement in projects so they can ascertain whether authorship is valid and assign responsibilities. Journals should ensure that by being an author one accepts full-responsibility for having over-seen all data and drawn the conclusions. It may also be advantageous to limit the number of authors, thus preventing academic-hierarchies from influencing authorship. 29 Bibliography: 1. 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