Law 6842 - Fall 2008
American Health Care Law
Professor Vernellia R. Randall
The University of Dayton School of Law

 

Lesson 17: Allocation of Scarce Resources
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TO  Religious Consultant 
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FROM Vernellia R. Randall 
President, Overman Hospital
RE: Allocation of Five Cadaver Kidneys for Transplantation
Overman Hospital in the State of Numonia has access to exactly five cadaver kidneys for transplantation. Overman Hospital's Bioethic Committee has the responsibility to recommend who shall be given a transplant. 

An emergency meeting of the committee has been called for 10 a.m. At that time, I want the committee to meet with me. At the meeting, each subcommittee will have 15 minutes to brief me. I have a press conference scheduled for 11:00am. 

At the 9:40 a.m. meeting, the committee should be prepared to: 

1. recommend five individuals to obtain a kidney; 

2. explain the allocation methodology that committee used to determine who should be given a transplant; 

3. explain why the committee choose the particular methodology for distributing the organ; 

4. idenitfy the alternative allocation methodologies that the committee considered and rejected; 

5. explain why the committee rejected the alternative models; 

6. Idenitfy who would received the kidneys under the second-most favored allocation model. 

You should turn in a typed committee report outlining the above. 

Tissue compatibility has been done on all the available candidates and committee is provided information only on those individuals who are compatible and medically able to undergo the surgery. Unless otherwise noted, assume that the individuals are middle income, middle class with insurance that will cover the cost. Except as noted you are not to assume anything about the backgrounds of the individuals in order to make a decision. If you need information about the individiuals you may pose the question to the social work consultant (Vernellia R. Randall) assigned to work with your committee. 

Given the kidney supply situation in Numonia, all persons on this list will more than likely die before any other kidneys become available. The following patients are on the list: 

1. Ruth Spettling, 60 year old, Chinese, female, married, mother of 3 adult children. Ruth is a well known patron of the arts. She just recently donated several million dollars toward the Ruth Spettling Concert Hall. Ruth has been waiting for a kidney for 3 months. 

2. Samuel Wright, 36 year old white, male, married, father (18, 16, 12, 3, 1). Samuel usually works as a plumber but has been unemployed for the last three years. Samuel's wife has some insurance but it is insufficient to cover the cost of the transplant. Samuel has been waiting for a kidney for 2 years. 

3. Priscilla, white, female, no family, age undeterminable, say 56. Priscilla has no money and no home. After the surgery, she will need nursing care until she's well and after that she will be back on the streets - homeless. Priscilla has been waiting for a kidney for 2 years. 

4. George Bush, 73 year old white, male, married, father of four, grandfather of 10. George is a political heavy weight. He has been successful at almost every level of Numonia politics and there is serious speculation that he will be the next governor of Numonia. George has been waiting for a kidney for 2 weeks. 

5. Thomas Sadek, 31 year old, black, single, male, father of 2 (11,2). Thomas is the first Black nuclear scientist in Numonia. Thomas has been waiting for a kidney for 1 year. 

6. Dennis Nunez, 20 year old, Hispanic, male, single, no children. Dennis is the only son of first generation immigrants. He is a senior in college and will be the first in his family to graduate from college. Dennis's school insurance plan will not cover the cost of the transplant. Dennis has been waiting for a kidney for 18 months. 

7. Bryan X, 38 year old white male, married and father of 2 (5, 6). Bryan X has a national reputation as a White separatist. Bryan X's followers have already donated more than enough money to cover the cost of the surgery. Byron X has been waiting for a kidney for 3 years. 

8. Joyce Rogers, 23 year old, white, single, female, college graduate in journalism. Joyce is employed by Hearst Enterprise as a reporter. Joyce has been waiting for a kidney for 6 months. 

9. Manie O'Leary, 10 year old, Irish male, an illegal alien. Manie's family has already been deported. Although there is serious questions as to whether Manie can get the proper medical care in Ireland, he will be deported as soon as he is medically stationary. Manie has been waiting for a kidney for 2 years. 

10. Pat Neal, 35 year old white female, single, no children. Pat is a struggling actress, however, her last few movies got good reviews and its believed that her star is beginning to rise. Pat has moderate health problems that won't affect the success of the surgery, but do significantly shorten her life expectancy in general. Pat has been waiting for a kidney for 2 years. 

11. James Walker, 16 year old, Black male, an inter-city high school student who is a member of the Crips gang. He is currently serving time in juvenile detention for the murder of another gang member. Numonia does not have capital punishment and as a juvenile Walker will be released at 21 years old. The state will be covering the cost of James transplant. James has been waiting for a kidney for 3 years. 

12. Barbara Whitewolf, 36 year old Indian, female, single, no children. Has a thriving legal practice. In fact, Barbara is the only Indian woman attorney in the State of Numonia. Barbara has been waiting for a kidney for 1 year. 

13. Patty Hearst, 22 year old, white female, single, no children. Patty just graduated from college with a major in the Fine Arts. Her father, has given, her a job as Vice-President of Illustration. He has also let it be know to the Overman Hospital that he is interested in donating the money for a pediatric trauma unit, a unit that the State of Numonia desperately needs. It is estimated that approximately 15 infants a year die because Numonia doesn't have a pediatric trauma unit. Patty has been waiting for a kidney for 6 months. 

14. Tom Nakasami, 42 year old white, male, Japanese, homosexual, involved in a long-time relationship. Tom is a secondary education teacher. Tom has been waiting for a kidney for 4 years. 

15. Roger Belton, 45 year old, white male, married, no children, Assistant Administrator of Numonia Health Department. Roger has been waiting for a kidney for 6 months.

 

09: Access and Uninsured                                x
17: Rationing                                  x
16: Cost - Stark                                x
15: Cost - Fraud and Abuse                                  x
14: Elderly - Medicare                                 x
13: Poor - Medicaid                                   x
12: Middle Class - Federal                                 x
11: Middle Class - State                                 x
10: Uninsured                                  x


 

 

 

 

 

 

Related Pages:
Home ] Lesson 09: Access, Cost Control and Uninsured ] Lesson 10: Access -  Unininsured - Statutory Exception ] Lesson 11: Access - Middle Class - State ] Lesson 12: Access - Middle Class - Federal ] Lesson 13: Access - Poor - Medicaid ] Lesson 14: Eldery -  Medicare ] Lesson 15: Medicare and Medicaid Fraud and Abuse ] Lesson 16: Stark I & II ] [ Lesson 17: Allocation of Scarce Resources ]
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 09/24/2008

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Contact Information:
Professor Vernellia R. Randall
Institute on Race, Health Care and the Law
The University of Dayton School of Law
300 College Park 
Dayton, OH 45469-2772
Email: randall at udayton.edu