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Midwife crisis: A cultural and
financial mandate for talking
   to research participants
            Misha Angrist, PhD

       Future of Genomic Medicine VI

            La Jolla, California

               7 March 2013
Disclosure

• I serve on the Duke University Health System
  Institutional Review Board but I do not speak
  for it nor do I speak for Duke University.

• They mostly think I’m crazy
“Ah but it’s hard
to live by the rules.
I never could…and
   still never do”
  – Chrissie Hynde
“Talk of the Town”


      Photo: Carlos Alvarez/Getty Images
The Institutional Review Board
Juror #10: I want to ask you something:
do you believe his story?
Juror #8: I don’t know whether I believe
it or not – maybe I don’t.
Juror #7: So how come you vote not guilty?
Juror #8: Well, there were eleven votes
for guilty. It’s not easy to raise my hand
and send a boy off to die without talking
about it first.
Case #1, 2012:

   A massive biobank and
 the impossibility of sending
participants a Christmas card
• YOU will get NO compensation.
• But WE will try to make money from your samples
• We can come back to you to get MORE
• You aren’t allowed to see your own data
• If you get injured in OUR STUDY, we will treat
  you…but the bill goes TO YOU.
• At least you’re not giving up any of your rights!
My proposal
"If you wish to receive an annual
notification of which research groups are
studying your samples and a brief
description of what they are studying,
please provide an email address at the end
of this consent form.”
Response #1
• Yearly newsletter and list of publications?
• No personal contact because of this
  scenario: “Patient gets very excited and
  wants her results (‘just tell me if I am
  one of the ones who needs chemo’).
  Results cannot be released. Patient
  ends up very unhappy.”
• Bottom line: we can’t have patients
  badgering researchers
My second proposal

“What if you left off the PI's name and
institution and just briefly described the
specific research projects in which the
patient's sample was being used? That way
the repository remains the gatekeeper.”
PI Response #2

• “Let me think about it.”
• “The repository may not have a clear
  understanding of the research that is
  being done on a patient’s tissue”
• “We are a disinterested third party”
• “I am not sure how to make a patient-
  specific communication work.”
My third communiqué
• “I’m not asking for a detailed understanding of what
  specific investigators are doing”
• “…provide a couple of sentences from the external
  investigator's IRB-approved protocol in plain English”
• “In my opinion it is exactly that piece--the
  personal acknowledgement--that would add
  value to the participants and ultimately redound
  to you and the repository.”
PI Response #3
Case #2, 2012:

Warfarin genotyping and the
meaning of the word “clinical”
“Dear Dr. X…
Your consent form says: ‘The tests done for this
study are for research purposes only. Therefore, you
will receive no results from these genetic studies…’
But both the genotyping and the INR measurements
will be done in CLIA-certified labs. If that's true, then
I am wondering why participants should not have
access to their CYP2C9/VKORC1 genotypes and their
INR values?”
“Dear Misha…
The INR results are considered standard of care.
Everyone has access to the INR results. The genotype
testing is being performed by research personnel.
While it is being performed in a CLIA laboratory it is
for research only…The additional costs associated
with providing genetic counseling for this purpose
[were] not in the NIH budget for this study.”
Even the bioethicists are giving up
           on this idea
Case #3, 2013:

“Dear Pancreatic Cancer Patient:
We assume that you’re dead. But
 this annoying dude on the IRB
 insists we try to contact you.”
http://pancreaticcancersymptoms.biz/category/what-is-pancreas/pancreatic-cancer-survival-rate
“A Phase III Trial of DRUG X or Placebo in
Combination with DRUG Y as First-line Therapy for
  Metastatic Adenocarcinoma of the Pancreas”


 • August 2012: sponsor ends study on
   account of futility
 • PI: “We have communicated the
   findings to the two subjects on study”
 • Me: “Have you told the other five?”
 • IRB: “Well, we usually don’t.”
Pyrrhic Victory is Mine!

“The study team must inform the
IRB on how it plans on informing
the five people who completed the
study about the reason why the
study was closed.”
What do these cases reveal?
• A reluctance to share even basic
  information with participants
• Fealty to the rules rather than people
• Unilateral and maybe arbitrary decisions
  about what constitutes research
• Genetic exceptionalism
• Institutional detachment
• Lack of resources
How might we address the lack
of a culture of transparency and
     dedicated resources for
      communication with
          participants?
Scientific publishing: the good old days
“…more specific services may eventually supplant
conventional journal publication…Any process of
supplanting can therefore be evolutionary, with no
direct and immediate threat to the status quo; (the
status quo being defined as the mess we are in). I
especially wish to emphasize that I by no means
advocate the deliberate proliferation of
uncontrolled and informal communication.


                                  American Psychologist,
                                  Vol 21(11), Nov 1966, 1005-1010
“Unimpeded access to these archives and
open distribution of their contents will enable
researchers to take on the challenge of
integrating and interconnecting the
fantastically rich, but extremely fragmented
and chaotic, scientific literature.”
Midwifery
            4 May 2001




“Midwives have found it possible to earn a
living by delivering babies for a fee and
turning them over immediately to their
parents. We see no reason to doubt that
scientific publishing can readily operate on
a midwife model…”
Reasonable doubt?
Pitchforks and torches



“People were saying that PLoS
was plotting the overthrow of
the scientific publishing system”
2011-2012: Access agonistes
The new normal?
But does it work?
Paying the cost to be the boss
Back in black




                $
Closing thoughts
• We can argue about CLIA and HIPAA, but those types of
  rules have long since ossified into fig leaves and excuses
• If it hadn’t already, the clear research-clinical divide ended
  when Nic Volker had his DNA sequenced in 2009
• The same doubts, lack of incentives and lack of
  infrastructure that kept open-access publishing down are
  inhibiting us from talking to the people we study
• The same types of incentives and infrastructure that
  fostered open-access publishing can be applied to
  participant communication
• If we are to monetize human tissue and information,
  should not some of that filthy lucre be funneled back into
  ways to inform and engage the people from whom the
  material and data came?
Acknowledgements
Duke                Elsewhere
Sara Katsanis       George Church (Harvard; PGP)
Nico Katsanis       Michelle Meyer (Harvard)
Erica Davis         Dan Vorhaus (PGP)
Mike Cotten         Jason Bobe (Harvard; PGP)
Heidi Cope          Leila Jamal (Johns Hopkins)
Azita Sadeghpour    Sharon Terry (Genetic Alliance)
Leigh Ann Simmons   Jen Wagner (Penn)
John Wiener         Gholson Lyon (CSHL)
David Goldstein
Bob Cook-Deegan
“I am a man of substance,
of flesh and bone, fiber
and liquids—and I might
even be said to possess a
mind. I am invisible,
understand, simply
because people refuse to
see me.”

  - Ralph Ellison (1914-1994),
Invisible Man

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Angrist Fogm vi_7march2013

  • 1. Midwife crisis: A cultural and financial mandate for talking to research participants Misha Angrist, PhD Future of Genomic Medicine VI La Jolla, California 7 March 2013
  • 2. Disclosure • I serve on the Duke University Health System Institutional Review Board but I do not speak for it nor do I speak for Duke University. • They mostly think I’m crazy
  • 3. “Ah but it’s hard to live by the rules. I never could…and still never do” – Chrissie Hynde “Talk of the Town” Photo: Carlos Alvarez/Getty Images
  • 5. Juror #10: I want to ask you something: do you believe his story? Juror #8: I don’t know whether I believe it or not – maybe I don’t. Juror #7: So how come you vote not guilty? Juror #8: Well, there were eleven votes for guilty. It’s not easy to raise my hand and send a boy off to die without talking about it first.
  • 6. Case #1, 2012: A massive biobank and the impossibility of sending participants a Christmas card
  • 7. • YOU will get NO compensation. • But WE will try to make money from your samples • We can come back to you to get MORE • You aren’t allowed to see your own data • If you get injured in OUR STUDY, we will treat you…but the bill goes TO YOU. • At least you’re not giving up any of your rights!
  • 8. My proposal "If you wish to receive an annual notification of which research groups are studying your samples and a brief description of what they are studying, please provide an email address at the end of this consent form.”
  • 9. Response #1 • Yearly newsletter and list of publications? • No personal contact because of this scenario: “Patient gets very excited and wants her results (‘just tell me if I am one of the ones who needs chemo’). Results cannot be released. Patient ends up very unhappy.” • Bottom line: we can’t have patients badgering researchers
  • 10. My second proposal “What if you left off the PI's name and institution and just briefly described the specific research projects in which the patient's sample was being used? That way the repository remains the gatekeeper.”
  • 11. PI Response #2 • “Let me think about it.” • “The repository may not have a clear understanding of the research that is being done on a patient’s tissue” • “We are a disinterested third party” • “I am not sure how to make a patient- specific communication work.”
  • 12. My third communiqué • “I’m not asking for a detailed understanding of what specific investigators are doing” • “…provide a couple of sentences from the external investigator's IRB-approved protocol in plain English” • “In my opinion it is exactly that piece--the personal acknowledgement--that would add value to the participants and ultimately redound to you and the repository.”
  • 14. Case #2, 2012: Warfarin genotyping and the meaning of the word “clinical”
  • 15. “Dear Dr. X… Your consent form says: ‘The tests done for this study are for research purposes only. Therefore, you will receive no results from these genetic studies…’ But both the genotyping and the INR measurements will be done in CLIA-certified labs. If that's true, then I am wondering why participants should not have access to their CYP2C9/VKORC1 genotypes and their INR values?”
  • 16. “Dear Misha… The INR results are considered standard of care. Everyone has access to the INR results. The genotype testing is being performed by research personnel. While it is being performed in a CLIA laboratory it is for research only…The additional costs associated with providing genetic counseling for this purpose [were] not in the NIH budget for this study.”
  • 17. Even the bioethicists are giving up on this idea
  • 18. Case #3, 2013: “Dear Pancreatic Cancer Patient: We assume that you’re dead. But this annoying dude on the IRB insists we try to contact you.”
  • 20. “A Phase III Trial of DRUG X or Placebo in Combination with DRUG Y as First-line Therapy for Metastatic Adenocarcinoma of the Pancreas” • August 2012: sponsor ends study on account of futility • PI: “We have communicated the findings to the two subjects on study” • Me: “Have you told the other five?” • IRB: “Well, we usually don’t.”
  • 21. Pyrrhic Victory is Mine! “The study team must inform the IRB on how it plans on informing the five people who completed the study about the reason why the study was closed.”
  • 22. What do these cases reveal? • A reluctance to share even basic information with participants • Fealty to the rules rather than people • Unilateral and maybe arbitrary decisions about what constitutes research • Genetic exceptionalism • Institutional detachment • Lack of resources
  • 23. How might we address the lack of a culture of transparency and dedicated resources for communication with participants?
  • 24. Scientific publishing: the good old days “…more specific services may eventually supplant conventional journal publication…Any process of supplanting can therefore be evolutionary, with no direct and immediate threat to the status quo; (the status quo being defined as the mess we are in). I especially wish to emphasize that I by no means advocate the deliberate proliferation of uncontrolled and informal communication. American Psychologist, Vol 21(11), Nov 1966, 1005-1010
  • 25.
  • 26. “Unimpeded access to these archives and open distribution of their contents will enable researchers to take on the challenge of integrating and interconnecting the fantastically rich, but extremely fragmented and chaotic, scientific literature.”
  • 27. Midwifery 4 May 2001 “Midwives have found it possible to earn a living by delivering babies for a fee and turning them over immediately to their parents. We see no reason to doubt that scientific publishing can readily operate on a midwife model…”
  • 29. Pitchforks and torches “People were saying that PLoS was plotting the overthrow of the scientific publishing system”
  • 32. But does it work?
  • 33. Paying the cost to be the boss
  • 35.
  • 36.
  • 37.
  • 38. Closing thoughts • We can argue about CLIA and HIPAA, but those types of rules have long since ossified into fig leaves and excuses • If it hadn’t already, the clear research-clinical divide ended when Nic Volker had his DNA sequenced in 2009 • The same doubts, lack of incentives and lack of infrastructure that kept open-access publishing down are inhibiting us from talking to the people we study • The same types of incentives and infrastructure that fostered open-access publishing can be applied to participant communication • If we are to monetize human tissue and information, should not some of that filthy lucre be funneled back into ways to inform and engage the people from whom the material and data came?
  • 39. Acknowledgements Duke Elsewhere Sara Katsanis George Church (Harvard; PGP) Nico Katsanis Michelle Meyer (Harvard) Erica Davis Dan Vorhaus (PGP) Mike Cotten Jason Bobe (Harvard; PGP) Heidi Cope Leila Jamal (Johns Hopkins) Azita Sadeghpour Sharon Terry (Genetic Alliance) Leigh Ann Simmons Jen Wagner (Penn) John Wiener Gholson Lyon (CSHL) David Goldstein Bob Cook-Deegan
  • 40. “I am a man of substance, of flesh and bone, fiber and liquids—and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me.” - Ralph Ellison (1914-1994), Invisible Man