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N°72 - December 2005

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The human cloning scandal in South Korea : toward a post-cloning era ?
Three doctors given cautionary warning for carrying out therapeutic abortion judged unwarranted
 

The human cloning scandal in South Korea : toward a post-cloning era?

Cloning: a sensational declaration
In May 2005, Pr. Hwang Woo-Suk announced that he had obtained 11 different lines of human embryonic cells through cloning. The scientific community was struck by such an output. Whereas in 2004, 230 attempts had been necessary to obtain 1 line, Pr. Hwang explained in 2005 that it was possible to get 1 successful attempt out of every 15. With his results, he hoped to achieve the Nobel Prize in medicine and physiology. On October the 10th, at the peak of his fame, he inaugurated an international consortium on human embryonic cells. In November, he was to be named “Man of the Year 2005” at the Théâtre des Folies Bergères in Paris. But the ceremony and the Telethon-financed joint press conference on the “virtues” of human cloning with Pr. Peschanski, a long-time activist for the legalization of cloning
1, had to be called off because the rumour that Pr. Hwang was being accused of a breach of ethics was steadily growing.

The oocyte scandal
It was then discovered that some of the oocytes used for the cloning process had been taken from young women working under his supervision and that others had been bought. Although few commentators alluded to the ethical problems implied by the creation of embryos through cloning, they all condemned the Korean researcher for the way in which he obtained those oocytes. The first scandal thus broke out, only to be followed by a second one.

Fake results
The scientific magazine Science, which published Pr. Hwang’s research, soon reported that there were mistakes in the article: reduplicated photos, incoherent diagrams...
Roh Sung-Il, one of Pr. Hwang’s collaborators, contacted the magazine to withdraw the article. Such withdrawals are extremely rare in scientific publications. An inquiry was at once initiated by Seoul University experts.
At the end of December, the inquiry panel announced that 9 out the 11 embryonic cell lines were fakes and that serious doubt had been cast on the authenticity of the remaining two lines. The experts also added that “this was no accident, but a deliberate lie.
The final report, released on December the 29th, dealt Pr.Hwang the finishing blow: the last 2 lines were not obtained through cloning, but by means of in vitro fertilizations performed in a hospital.
Inquiries concerning Pr. Hwang’s other publications on the first example of human cloning (Science, 2004), the cloning of a cow (1999), of pigs (2002), and of a dog (Nature, 2005), are under way.

Political consequences in Korea
This affair could have serious political implications, as the South-Korean president has supported Pr.Hwang’s work for the last two years. The biologist’s work was the central piece in a strategy aimed at publicizing the country’s “ground-breaking” research in the field of embryonic cells. Professor Hwang has received considerable funding since 2002- 34 million euros. The ministry of Science announced that the 2,4 million euros ($2.9 million) originally pledged for the scientist’s research had been withdrawn.
South Korean scientists are worried about the consequences this may have on their own work. Even before the scandal broke out, their research was controversial, as many Koreans oppose cloning. “I hope this affair will not tarnish South Korean scientists’ image, as it is not representative of the way research is conducted in our country,” Pr. O Il-Whan, a specialist of adult stem cells, emphasized.
The stance of the Church of South Korea, which has long been condemning embryonic cells research and cloning, comes out reinforced. It had announced, before the scandal broke out, that the Comittee for Life, an organization created by the Seoul diocese, would provide funding of 8 million euros ($9.6 million) for research on adult stem cells.

International turmoil
In the opinion of Pr. Axel Kahn, “this means political upheaval, because countries all around the world are getting ready to pass laws on cloning or stem-cell research that are based on Hwang’s results.” Besides, he remarked, “the field of cloning is a world of complete insanity”. “One of the characteristics of this field of research is that is makes everyone who touches it crazy.
The illusory dream of cloning will remind anyone acquainted with Tolkien’s Lord of the Rings of the ring of power: it alienates all those who come near it and they are eventually consumed by ambition. Myth has given way to reality, with the scandal of the Raël cult and of Drs. Antinori and Zavros. The Hwang affair, too, illustrates this “complete insanity”, just like the French Parliament hearings on the 22nd of November 2005
2. “Ever since the beginning, fantasies, illusions and lobbies have been interfering with proper scientific procedure,” noted A.Kahn, whose words seem representative of the general state of mind in the scientific community. Let us recall that Axel Kahn opposed cloning for a long time, before switching to the pro-cloning side in May 2005 on account of Pr. Hwang’s alleged results.

Toward a post-cloning era
Scientists who advocate cloning are becoming disillusioned. Pr. Peschanski admits that “for almost a year, every prospect cloning research has been based on the fact that Pr. Hwang had managed to do it.” If this research team, which “has considerable human and technological means at its disposal,” did not succeed in its attempts, “it will cast doubts on the feasibility of human cloning,” he admits. For Axel Kahn, “any research which hoped to isolate lines of stem cells from diseased persons in order to study these diseases, will necessarily come to a standstill if it turns out that we do not actually know how to obtain cloned human embryos!” He thinks this scandal reveals “how much of a fantasy the so-called “therapeutic” cloning is.” “Indeed, even if a single line of stem cells derived from a cloned human embryo could be obtained, we would still be a long way away from being able to cure the hundreds of millions of people who suffer from diabetes, Alzheimer’s disease, heart-diseases, etc... Such an undertaking would indeed mean resorting to hundreds of thousands of ova,” and then creating a clone of each patient. “Obviously, such a heavy procedure cannot be implemented on a large scale.
In Great-Britain, where therapeutic cloning is legal, people are beginning to suggest that it might be necessary to steer research towards less ethically-sensitive areas, like stem cells from umbilical cords.

1 - www.genethique.org, press review 23/11/05

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Three doctors given cautionary warning for carrying out therapeutic abortion judged unwarranted

Father files complaint
Three Parisian doctors, among whom two gynaecologist-obstetricians, were given a cautionary warning by a Paris court, on account of a therapeutic abortion they practiced in 2001 at Necker Hospital. The court ruled that a foetus’s being malformed is not reason enough to justify a therapeutic abortion (which is normally authorized when there is an “important probability” that the child will “suffer from a particularly serious disease found to be incurable at the time of the diagnosis.”) The foetus suffered from congenital diaphragmatic hernia, a rare and serious disease. It is possible in those cases to operate on the baby, although this carries risks of severe sequelae and post-operation mortality, so that only one baby out of two survives. At the time, the couple had agreed to have a therapeutic abortion. But two years later, the husband made inquiries about the diaphragmatic hernia diagnosis and filed a complaint against the doctors for practicing an unwarranted therapeutic abortion.

An illegal abortion
The prosecution deemed that the conditions warranting a therapeutic abortion were not all fulfilled: “the incurability criterion was not fulfilled.” This would make it an “illegal abortion.” By summoning the three doctors to court to give them the warning, the prosecution resorted to a penal procedure meant to warn the interested parties that in the event of a second offence they will be prosecuted.

Reactions
Prenatal diagnosis centres felt that this was a threatening decision. At Necker Hospital and Saint-Antoine Hospital in Paris, doctors have decided that they will not sign any therapeutic abortion authorizations until the Minister of Justice has given his opinion on the matter. All 43 other prenatal diagnosis centres have threatened to follow suit. For the National Union of French gynaecologists and obstetricians, “the justice system is threatening pre-natal diagnosis with death.” Other doctors have expressed doubts as to a judge’s ability to have a qualified opinion on the appropriateness of a medical team’s decision to perform a therapeutic abortion. The prosecutor’s office, on the other hand, has explained that they “simply asked these doctors to be more careful in the future about getting the mother’s consent before practicing a therapeutic abortion. At no point did the prosecution comment on the soundness of this medical decision.” The prosecutor also decided that this cautionary warning should have no further legal consequences. For the Ministry of Health, there has been, in this case “a dysfunction of justice.

An evident inconsistency
These reactions reveal how inconsistent practices are in the field of foetal medicine. On the one hand, the Perruche case, and on the other hand, the recent cases of foetus manslaughter are the sign that our society suffers from schizophrenia. The Perruche decision, in which a handicapped person brought a case against a doctor for not aborting her and won, dramatically raised the pressure on doctors to bring “flawless” babies into the world. But whenever a medical error leads to the foetus’s dying when the mother wanted it to be born, the doctor is not liable to be prosecuted (as he used to be, until a recent case-law.) Nowadays, any unscrupulous doctor will see that, if he suspects a foetus of having a handicap—and even more so if he is responsible for that handicap—it is in his best interest to abort it, rather than to let it be born. A missing foetus will never get him into trouble; one child too many might. This complaint for unwarranted abortion restores the balance of risks.

Medical community worried
Gynaecologist-obstetricians who practice therapeutical abortions fear that this might only be the first of series of lawsuits. It is easy to understand the cause of these concerns when one reads the words of Dr. Daffos1, one of the pioneers of prenatal diagnosis, who, in criticism of the court’s warning, noted: “many decisions to carry out therapeutical abortions are made on the basis of strong probability rather than certainty.” Saying that many therapeutical abortions are carried out without proof that the foetus does indeed suffer from malformation amounts to admitting that a number of aborted foetuses did not actually suffer from any malformation at all, or suffered from curable diseases. Since the practice of carrying out therapeutical abortions on the basis of simple probability—no matter how strong— does not take into account the value of the unborn baby’s life, doctors are right to be afraid of the reaction of the parents who want to have that baby.

Guilty until proven innocent
Unlike adults, the unborn baby is not presumed normal until proven malformed. He must prove that he is neither handicapped nor diseased to be allowed to be born.
When one hears Pr. Frydman, departmental head at A.Bédère Hospital say that he is “concerned” that this cautionary warning comes within the scope of “the ideological trend that advocates protecting life at any cost,” it is easy to see how badly foetal medicine suffers from a lack of ethics when it aims not at “protecting life at any cost,” but at protecting “normal life, at any cost,” even at the cost of life itself.

1 - Le Monde, 27/12/05

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