Ethics in Living Donor Transplantation


Liver transplantation has become the standard of care for many types of end-stage liver disease. Dr. Thomas Starzl performed the first successful deceased donor liver transplantations (DDLTs) in the 1960s, but DDLT would not move from experimental to therapeutic status until 1983, following the introduction of cyclosporine as an immunosuppressive agent. In the ensuing 30 years the success of liver transplantation has led to great expansion in the number of conditions deemed treatable by liver transplantation and greater tolerance for candidates who were initially excluded based on age, social status, or cause of liver disease (e.g., alcoholism) such that today there are over 15,700 individuals listed for a deceased donor transplant. Because of the limited supply of deceased donor organs, numerous attempts have been made to expand the donor pool, including (1) the development of split liver transplantation (which set the stage for the development of pediatric living donor liver transplantation [PLDLT]) and (2) the procurement of livers from donors after circulatory determination of death. Despite these advances, demand greatly outpaces supply, and approximately 1500 patients die annually in the United States on the deceased donor waiting list ( Table 60-1 ).

TABLE 60-1
Liver Transplantation in the United States
From Organ Procurement and Transplantation Network. National Data. http://optn.transplant.hrsa.gov
Year Number of Deceased Donor Liver Transplants Number of Living Donor Liver Transplants Number Who Died on Waiting List
2000 4595 405 1795
2001 4671 524 2055
2002 4969 363 1910
2003 5351 322 1858
2004 5848 323 1891
2005 6121 323 1892
2006 6363 288 1773
2007 6228 266 1611
2008 6070 249 1520
2009 6101 219 1479
2010 6009 282 1470
2011 6095 247 1544
2012 6010 246 1504

The first attempts at living donor liver transplantation (LDLT) from an adult to a child were described in 1988 and 1989 in Brazil, but the recipients failed to survive beyond the early postoperative period. Strong et al in Australia are credited with the first successful LDLT using a left lateral segment from a mother to her son. This was followed by other successful case reports of LDLT into pediatric candidates in the United States and Japan. Within the decade, reports of LDLT into adult candidates were also described, particularly in Asia, where deceased donor organs are very scarce.

Despite the expansion of LDLT, the combined number of livers available from deceased donors and living donors is inadequate to meet the demand in the United States, and the gap is growing. Two watershed events occurred in 2002. First was the publicized death of a living donor, which led to a sharp decline in the number of living liver donors. The second was the change in the liver allocation policy known as MELD (Model for End-Stage Liver Disease) and its pediatric counterpart, PELD (Pediatric End-Stage Liver Disease Model). As a result, despite a decrease in the number of living donors and the more-or-less stable number of deceased donors in the past decade (see Table 60-1 ), the number of candidates dying on the waiting list decreased from a peak of 2055 in 2001 to 1400 to 1500 per year for the past 5 years. The ethical issues raised by the use of living liver donors from a national and international perspective is the focus of this chapter.

Using Living Donor Organs: Historical Review

Use of Living Donors in Kidney Transplantation

The first series of solid organ transplantations in humans began in 1951 with a succession of failed attempts at kidney transplantation. Interestingly, although many of the kidneys originally used for transplantation were from deceased donors, a small number of kidneys in this early series were from living donors. Although the surgical techniques required for successful kidney transplantation had improved, understanding of the immunological barriers to transplantation remained in its infancy and transplant surgeons were unable to stop the process of rejection, which ultimately destroyed the transplanted graft. The immunological barrier to transplantation was bypassed in 1954 with the transplantation of a living kidney by Dr. Joseph Murray and colleagues from a healthy volunteer donor who provided a kidney to his identical twin.

Long-term dialysis became feasible in the early 1960s as an alternative to transplantation, but with the development of immunosuppression in the late 1970s, kidney transplantation became viewed as the better treatment for most individuals in end-stage renal disease. Given the gap between demand and supply, there has been a growing acceptance of living kidney donors. Although the earliest expansion was to include first-degree genetic relatives and then spouses, in the past decade there has been greater acceptance of emotionally related friends and even strangers, with studies showing greater and earlier acceptance of these non–biologically related donors by the public compared to the medical community. As the waiting list continues to expand and waiting time lengthens, the medical community has also begun to accept older and less healthy living kidney donors. Follow-up data are mixed: although living donors of kidneys have a low risk for perioperative morbidity and mortality, there are some recent data to suggest that donation may have more long-term sequelae than previously realized, particularly for younger minority living donors.

Since the use of the first healthy volunteer organ donor in 1954, the medical community has walked a fine line struggling to balance the interests of the recipient and the donor, as well as the interests of the surgeon, the medical team, and society. The crucial ethical question has always been whether it is acceptable to use a healthy living donor for the sole purpose of providing an organ for another. Moore put the point succinctly: “Is it morally right and ethically acceptable to injure one person to help another?”

In general, and with some noteworthy objections, the public and the medical community have thus far answered this question in the affirmative, especially by their willingness to accept the practice of using living donors.

Use of Living Donors in Liver Transplantation

Living Donors in Pediatric Liver Transplantation

In contrast to end-stage renal disease, for which individuals have the options of dialysis and transplantation, end-stage liver disease has no alternative therapy. In the 1980s this was particularly acute for children. The most frequent cause of end-stage liver disease in children is biliary atresia, and the majority of children with this disease require liver transplantation before 2 years of age. Because very few babies or small children die from head trauma or brain death, circumstances in which they could be a source of a donor liver, there is a large gap between pediatric patients in need of liver transplantation and the availability of pediatric donors. In the 1980s this situation resulted in reported mortality rates of 20% to 30% among infants and children awaiting transplantation at the leading transplantation centers. In many parts of the world, especially Asia, where organ transplantation from brain-dead donors was severely restricted, most children with biliary atresia died.

By the mid 1980s innovative surgical techniques such as reduced-size and split-liver deceased donor grafts lowered but did not eliminate waiting list mortality for infants and children. Although these innovative approaches benefited children, such approaches were criticized on two points: (1) reduced-size grafts may have exacerbated adult waiting list mortality by “stealing” a graft from potential adult recipients and (2) the split-liver procedure resulted in lower graft survival for the adult candidate than that achieved with a full-size graft.

However, the development of techniques to divide deceased donor livers (known as split-liver transplantation ) also led to the possibility of living partial-liver donation. Although several failed attempts occurred in the late 1980s in Brazil and a successful case was reported in Australia in 1989, more widespread adoption would not occur until a team from the University of Chicago published a paper that discussed both the clinical need for LDLT and the ethical justification for performing a prospective protocol study of 20 pediatric LDLTs that underwent ethical review by an institutional review board (IRB) that approved the study and required written informed consent. The excellent results of the first 20 donor-recipient pairs published in 1991 served as the basis for expansion of the technique to many of the leading liver surgery programs in the United States, Europe, and Asia. There was still a lack of standard technique defining the extent of resection required to obtain an appropriate graft and how much residual liver must be left in the donor to assume a safe recovery.

The pediatric operative procedure has undergone substantial modification since the first cases. During Chicago’s protocol series, the left lobectomy was abandoned after the first three cases in favor of the left lateral segmentectomy as a graft source for infants and children because of the high incidence of surgical complications experienced with the former procedure. Further technical modifications have included avoiding vascular conduits and using microscopic arterial anastomotic techniques. Overall 1-year survival for pediatric recipients of living donor grafts is greater than 80%. In addition, pediatric recipients of living donor grafts have a significantly improved survival when compared to recipients of deceased donor full-size, reduced-size, or split grafts. Although at least two living donor deaths from left lateral donations have been reported, the relatively low complication rate and lack of long-term sequelae among the donors continues to make this procedure a clinically and ethically acceptable source of organs for transplantation in selected recipients Currently the adult-to-child LDLT has become a standard of care in many developed countries, including the United States, Japan, South Korea, Germany, Belgium, and France.

In summary, the development and maturation of PLDLT has addressed two broad issues of surgical innovation: (1) it meets a demonstrated need by saving lives with a safe and predictable operation, and (2) it was introduced to the surgical community after intensive scrutiny of its clinical and ethical justification.

Living Donors in Adult Liver Transplantation

In contrast to the measured way PLDLT was introduced by the transplant community, after a reported protocol series proved its efficacy and safety, adult-to-adult living donor liver transplantation (ALDLT) was disseminated rapidly without a comparable protocol study. The first successful ALDLT was performed in Japan in 1993 using the donor’s left lobe. The increasing awareness of the importance of graft volume and graft-to-recipient weight ratios led to the introduction of right lobe LDLT. The Kyoto group published the first successful case using a living donor right lobe graft (for transplantation into a 9-year-old recipient because of abnormal arterial anatomy supplying the left lobe), but in general this was used for adults who needed more liver donor mass. In 1997 Lo et al reported the first seven cases of high-urgency ALDLT using an extended right lobe graft (segments IV to VIII and the middle hepatic vein) between May and November 1996. Two of the donors had complications requiring reoperation after discharge (one incisional hernia and one bile duct stricture), and one recipient died 16 days after transplantation. The first reported successful ALDLT in the United States using the right lobe was reported by the Colorado group in 1998. Following the initial case reports, a number of centers on three continents began performing ALDLT. Although some originally used the left lobe, its smaller size and less favorable anatomical positioning was believed to increase the risk for graft failure. As a result, most centers began using the right lobe and extended right lobe.

The early advances in LDLT occurred in Asia, where there are very few deceased donors, but the techniques were not quickly adopted by the international community because there was skepticism about the completeness and transparency of the programs due to lack of reports of morbidity and mortality. In December 2000 the National Institutes of Health (NIH) and the American Association for the Study of Liver Diseases cosponsored a 2-day workshop titled “Living Donor Liver Transplantation” to review the scientific, medical, and nonmedical issues associated with LDLT. They created a table of complications based on 10 large series, which found bile duct strictures to be the most severe complication, occurring in 3% to 8% of all donors. Other complications were found in 2% or less of all donors. Liver function declines were found to be temporary, with bilirubin level and prothrombin time returning to normal within 3 to 5 days. The conference reported a significant incidence of complications based on 11 large series in the recipients. These included postoperative bleeding in 46%, biliary track complications in 15% to 30%, hepatic artery thrombosis in 3% to 10%, hepatic venous outflow obstruction in 5%, and intrahepatic hemorrhage in 5%. However, there was no consensus on when LDLT should be performed. As the NIH report stated, some groups believed that this procedure should be limited to only those patients who were critically ill, whereas others thought it should be used only in those who were more clinically stable. In fact, some programs viewed the living donor option as a way to help those who were excluded from receiving a deceased donor organ because of a contraindication (e.g., large hepatocellular carcinoma [HCC]). The lack of consensus on who were the appropriate recipients, what the appropriate donor work-up should entail, and the appropriate surgical technique to be used led Cronin et al to ask whether the expansion was “too much too soon.”

The NIH report was published in February 2002, weeks after the publicized death of Mike Hurwitz, a reporter who was donating to his brother Adam, a physician. At the time of the conference it was noted that there had been two reports of living donor deaths, and at the conference two additional deaths were acknowledged. Hurwitz’s death led to much soul-searching within the U.S. transplant community, as well as in the public at large. The number of LDLTs fell from its peak of 524 in 2001 to 363 in 2002, and in 2012 only 246 LDLTs were performed in the United States (of which 52 were pediatric recipients). Although there is still no living liver donor registry, several researchers have attempted to determine the total number of deaths worldwide, with one study reporting 14 deaths by March 2005, another reporting 19 deaths between 1989 and 2006, and another study reporting 23 deaths as of October 2012.

A major conclusion of the consensus conference was the need for a prospective study of LDLT focusing on the relative risks and benefits of the use of living versus cadaveric livers and on the short- and long-term complications of the donor operation. In 2003 the National Institute of Diabetes and Digestive and Kidney Diseases established a multicenter clinical study, the Adult-to-Adult Living Donor Liver Transplantation Cohort Study (A2ALL), which consists of nine U.S. high-volume transplant centers and a data coordinating center responsible for maintaining a clinical database. The A2ALL cohort has now published reports on recipient morbidity, recipient outcomes, comparative outcomes between deceased donor and living donor transplants for HCC, donor evaluation, and donor morbidity, all of which will be discussed later. The study is providing critical information about safety and efficacy, but national registries for all donors and all recipients are needed.

Although ALDLT remains the primary source of LDLT in Asia, the number of centers performing ALDLT in the United States has been decreasing. In 2011 only 25% (27 of 110) adult liver programs performed an LDLT, a significant decrease from several years before. A few programs have high volume, but many perform only a handful of these procedures annually, which places donors and recipients at risk and is discussed further later.

Ethical Guidelines for the Living Donor Liver Transplantation

In order to allocate scarce solid organs obtained from deceased donors to an expanding pool of potential recipients, guidelines have been established that meet clinical and ethical standards. In contrast to the clear and formal guidelines used to allocate solid organs from deceased donors, living donor grafts are a private good and the allocation is less rigid and more idiosyncratic.

If there were adequate deceased donor organs for transplantation, living donation might be viewed as unethical because deceased donor transplantation exposes the donor to no risks. In contrast with kidney transplantation for which an alternative, albeit nonideal, therapy exists (dialysis), liver transplantation is often the only effective therapy for individuals with end-stage liver disease.

The ethical justification of living donor transplantation must consider the risks and benefits to both the donor and the recipient. Living donor kidney transplantation is often justified on the grounds of a high benefit- risk ratio for the living donor and recipient. Living kidney donation has a low donor morbidity and mortality, although some data suggest that there may be more long-term risks than previously realized. Data show that most donors have a positive psychological response to donation. Recipient benefit is significant because they obtain as much graft mass as they would with a deceased donor graft, with living donor grafts performing much better on average than even the ideal deceased donor kidney graft.

Similar to living donor kidney transplants, PLDLT have a high benefit-risk ratio. Most parents donate a left lateral lobe, which has a slightly greater risk for mortality compared to living kidney donation, but still less than 1%. The likelihood that the donor will suffer serious morbidity (e.g., require a liver transplant) is also quite low. Overall risk for morbidity from left lobe and left lateral living liver donation is less than 30%, with most complications being Clavien grade 1. Living liver donation has the benefit of short cold ischemia time, flexibility on timing of the donation and transplant, and excellent pediatric outcomes. Outcomes of infants with living donor liver lobes and deceased donor grafts are relatively equivalent. PLDLT can be lifesaving given the dearth of deceased donor livers for children. According to the Organ Procurement and Transplantation Network (OPTN) database, children younger than 5 years continue to die on the waiting list, although the number has dropped since the introduction of MELD and PELD (from 67 in 2002 to 20 in 2012). Deceased donor livers can be split, thereby overcoming organ shortages, but this practice may raise ethical issues because of controversy about whether the outcomes for an adult who receives a right-sided deceased donor liver graft are as good as those for an adult with receipt of a whole deceased donor liver graft.

In contrast, ALDLT has a different benefit-risk ratio for both donor and recipient. Overall, the liver donor is exposed to a greater mortality risk than is the kidney donor during the donation process. This is especially the case for right lobe donors, the predominant procedure for ALDLTs in the United States. Short-term right lobe donor morbidity is significantly greater in both incidence and magnitude than morbidity for left lobe or left lateral segment donors. There are also data regarding serious psychological morbidity in a small number of donors, which may be influenced by the familial relationship. In the long term, however, most of the liver regenerates, and therefore long-term medical morbidity of living liver donors is rare. The recipient is also at risk because the surgery of a right lobe graft is more technically challenging than a standard whole deceased donor organ and it may require biliary and hepatic vein reconstructions.

Early results of living donor transplantation were equivocal as to whether adult recipients of living donor liver grafts derive added benefits or even equivalent ones from a living donor graft compared to a standard, full-size deceased donor graft. Today, 30 years later, the results are comparable, although a direct comparison is complicated because recipient benefit from the living donor transplant may be modified significantly by the health status of the recipient at the time of transplant, the indication for the transplant, the type of transplant performed (right lobe, extended right lobe, or left lobe), the “quality” of the donor liver segment that is transplanted, the cause of the liver failure, the total hepatic mass transplanted, and finally, the quality and experience of the surgical team and the “field strength” of the institution. Likewise, recipient benefit from a deceased donor may depend, in part, on the cause of the liver failure, the type of deceased donor graft (the use of liver grafts from brain-dead donors versus donors after cardiac or circulatory death), and whether the donation is a whole graft or a split-liver graft.

Therefore the ethical and medical justifications that support acceptance of living donor kidney transplantation and PLDLT, both of which have a highly favorable benefit-risk ratio, are not as well established for ALDLT. The following section considers the ethics of ALDLT with reference to (1) patient selection, (2) benefit-risk ratio assessment of the donor and recipient, (3) informed consent, and (4) the experience and capacity of the surgical team.

Patient Selection

Recipient Selection

Not every patient with end-stage liver disease is an appropriate candidate for, or will benefit from, liver transplantation. To assist in the rational allocation of this scare resource, the United Network for Organ Sharing (UNOS) has established indications and contraindications for potential recipients of a deceased donor liver transplant. In addition, in 2002 UNOS introduced the MELD score for allocation of grafts to adult patients with chronic liver disease awaiting transplantation in the United States. MELD scoring uses a clinical algorithm to rank those who are sick enough to benefit from liver transplant, thereby reducing deaths on the waiting list, but not so sick that they are likely to have a high posttransplant mortality. In contrast to the formal rules that guide allocation of deceased donor livers, allocation of a living donor liver is left to the surgeon or program to make decisions on appropriate recipient selection, often with little oversight. Although this discretionary process is not inherently wrong, it does leave room for poor decision making that may place the donor and recipient at significant risk for little potential benefit.

There are, however, situations in which the living donor option may be preferentially sought. In the current system of regional distribution of deceased donor livers, a wide disparity in waiting times exists between regions and centers. In situations where the waiting time is disproportionately long, because of blood type or geographical location, or because of urgency due to the nature of the patient’s disease (e.g., those with small HCCs and an expected prolonged waiting time for transplant), use of a living donor may be justifiable. In addition, there are some circumstances in which use of a living donor can be immediately lifesaving (e.g., the controversial practice of transplantation of the patient with acute liver failure [ALF] using a living donor graft).

Overall, selection of the recipient for LDLT must optimize the expected recipient benefit. The graft-to-recipient weight ratio should be sufficiently large to provide enough hepatic mass and avoid the small-for-size syndrome. LDLT should not be used as a salvage operation in those situations that have a low 1-year patient survival.

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