Success Breeds More Problems Lawsuit Settled out of Court

_NA_TU__ ~__ v_o_t.._~_~_I2 __ MA__ Y_I9_8J ______NEVVS,------~-m

In vitro fertilization Pauling institute Success breeds more problems Lawsuit settled Canberra number of laparoscopies could be reduced, A DEVELOPMENT in the in vitro fertilization thus sparing the patient considerable in (IVF) work of Professor Carl Wood's convenience. According to the protocol out of court group in Melbourne has resulted in a suc developed by the Melbourne group, ovula THE Linus Pauling Institute of Science and cessful pregnancy following implantation tion is induced by the administration of fer Medicine at Menlo Park, California, has in a woman's uterus of an embryo tility drugs so that as many eggs as possible agreed to pay $575,000 to settle a lawsuit previously frozen for four months in liquid are collected in a single laparoscopy. The brought by Arthur Robinson, co-founder nitrogen. The success was announced last overall improvement in the number of of the institute and for an initial period its week by Dr Alan Trounson, who im pregnancies per patient since 1979 is largely president. The suit has been hanging over planted the embryo in an infertile patient due to the increased fertilization rate and the centre for the past two years, some time 14 weeks ago. Two of the eight cells of the the fact that more than one embryo is im after Robinson had ceased to be director. It embryo were damaged during thawing but planted simultaneously. However, the has now been settled out of court. a normal fetus is assured from the number of pregnancies per embryo im Robinson, in his suit, which had claimed multi potential nature of embryonic cells at planted has remained low. several million dollars, alleged breach of this early stage. Another document bearing on the IVF contract by dismissal, slander by way of The team from Monash University's work is the first report last August by the Pauling's alleged assertion that his work department of obstetrics and gynaecology, Working Party on Ethics in Research of the was "too amateurish" to be published and at the Queen Victoria Medical Centre, National Health and Medical Research that Pauling had destroyed his data and responsible for 42 births from IVF since Council (NH and MRC). This body funds peptide collections. 1979, have been freezing embryos since late medical research but does not have any Robinson and Linus Pauling differ in 1980 but previous implantations have not power to enforce its rules except by their accounts of the effect of vitamin Con resulted in pregnancy. Attributing their withdrawal of funds. All its projects con the incidence or the course of human success to a change in freezing technique, cerned with human experimentation have cancer. Robinson on the telephone listed Dr Trounson said that more pregnancies to be approved by an institutional ethics among his complaints the allegation that from some of the 35 embryos now in cold committee. his failure to find a beneficial connection storage can be expected soon. The report's supplementary note on IVF between vitamin C and cancer was sup Early last year, members of the group is more liberal than the Waller report and pressed but Pauling, also on the telephone, were implanting in patients embryos approves of IVF treatment "within an ac denied this. developed from eggs donated by other cepted relationship". It also approves of According to Pauling, the lawsuit had women, in addition to their usual routine. the donor egg programme. However "con been settled out of court only in the light of The Victoria government of the day tinuation of embryonic development the trustees' concern about the likely cost responded to public concern by instituting beyond the stage at which implantation and trouble of a protracted hearing. He in a committee to examine the social, ethical would normally occur" and cloning ex sisted that the amount of the settlement and legal issues arising from the work and, periments are forbidden. Only early undif represented no more than compensation if necessary, to recommend legislation. ferentiated embryos may be stored, with an for loss of office and the cost of Robinson's The IVF work has since been under the upper time limit of 10 years which should legal fees. scrutiny of that committee, chaired by law not be "beyond the time of conventional Robinson, who has founded a small reform commissioner, Professor Louis need or competence" of the women who private research institute of his own in Waller. supplied the egg. Surrogate motherhood is Oregon ("only three employees and The committee's first interim report in declared ''not yet capable of ethical resolu hope", he said}, said the money from the September 1982 was cautious, considering tion". The most significant recommenda settlement will help to get the institute off only the "easy" case - that of husband tion was the setting up of a National the ground. He plans to conduct research and wife supplying gametes to be fertilized Medical Research Ethics Committee, on nutrition and cancer in mice, and in vitro and implanted in the wife's uterus. which has since been established. The role ultimately to address more basic research The committee found this acceptable and of the committee is to review ethical con problems. D recommended that IVF be limited to these siderations of medical research and res cases, ipso facto ruling out the donation of pond to questions referred to it by institu eggs but allowing embryo freezing. tional ethics committees. A day for Sakharov Moreover IVF was justified solely as a Despite increased debate on IVF over the THE Congress of the United States is means of curing infertility. Because of its past two years and the Waller committee's expected to pass this week a bill to proclaim relatively high cost - about A$42,500 per contribution, the state government seems 21 May (the birthday of Andrei Sakharov) couple, largely paid for by health insurance to be no closer to formulating legislation. as National Sakharov Day. According to companies- IVF was seen as a last-resort Surprisingly, scientists themselves want Dr Edvard Lozanskii, a former Soviet treatment as the report required a couple to legislation, perhaps to protect themselves dissident and a leading campaigner on "have undertaken all other medical pro from litigation but also from a desire for behalf of Dr Sakharov, the bill will also cedures during a period in excess of 12 guidance from the community and to avoid authorize President Reagan to appeal to all months which may, in their particular cir incurring public displeasure. other nations to proclaim their own cumstances overcome their infertility". Vimala Sarma Sakharov Days. Vera Rich The Waller committee also wanted all em Tim Beardsley adds: In Britain, Dr Robert bryos to be implanted. Edwards, who pioneered the technique of The IVF group responded by ceasing the in vitro fertilization, greeted the Australian ICRF director donor egg programme but continued with group's announcement as "wonderful AN error in 28 April Nature (p. 739) made freezing embryos. Indeed, storing embryos news". Several UK ethical committees Dr J. Wyke into director of ICRF Medical appeared to be the only way of ensuring have now approved embryo freezing Oncology Unit. In fact, Dr J. Malpas will that all embryos were in fact implanted, as techniques (see Nature 28 April, p. 739). Dr continue to be its director when Dr Wyke some could be available for subsequent im Edwards said "We must now look at our becomes responsible for its laboratory plantation if the first attempt failed, in own position. In accordance with patients' work. D stead of being wasted. Moreover, the interests we have got to go ahead".