Speaker: Prof. Leonard Fleck, Center for Bioethics and Social Justice, Department of Philosophy, Michigan State University
Abstract: What is most distinctive of the ethical challenges raised by precision medicine is that they are “wicked” ethical problems. A “wicked” ethical problem is defined as one where every attempted resolution results in an equally ethically problematic outcome, or an even more problematic outcome. For example, hematologic cancers can be treated with CAR- T-cell therapies with a front-end cost of $475,000.
Roughly 30% of those patients will survive less than a year. Would it be ethically acceptable, as a matter of health care justice, to do research aimed at finding biomarkers that would identify such patients before the fact with 90% confidence so that we could deny them that therapy (presumably to re-allocate to higher priority health care needs)? There are dozens of problems like this generated by our current deployment of precision medicine.
I argue that none of our theories of justice have the resources to yield satisfactory responses to these ethical challenges.
We need to rely instead on fair and inclusive processes of rational democratic deliberation constrained by the relevant medical facts, a range of considered judgments of health care justice, a public or political conception of health care justice (building on Rawls), what I describe as constitutional principles of health care justice, and a certain understanding of wide reflective equilibrium.
The result will be deliberative judgments, autonomously generated, that are “roughly just” (given the wickedness of the problems). The ultimate goal is to prevent cancer and precision medicine from capturing an unfair share of health care resources.