University of Toronto · FACULTY OF ARTS & HUMANITIES

PHLB09H3 Chap.5 Justice, Organ Payment and Transplant Priority

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Chapter 5 of 11 · PHLB09H3

Justice, Organ Payment and Transplant Priority

Two questions about scarce organs

Week six asks how scarce organs should be allocated and whether people should be paid to provide them. Allhoff examines whether patients with alcohol-related liver disease should be ranked lower for transplantation, and Friedman argues that living organ donors should be paid under government regulation.

A news report about a woman denied a liver transplant over alcohol use and a podcast on what money can buy round out the week.

Allhoff's two routes

On medical grounds, Allhoff finds no case for a group penalty: abstinent patients are not riskier as a class, and a lower group average life expectancy does not justify judging an individual by it.

The moral route depends on blame, and blame depends on whether drinking is chosen. Accept a disease concept of alcoholism and deprioritisation fails; reject it and it may be legitimate.

Friedman's case for payment

Friedman points to a growing shortage, an existing black market and the unfairness of a system in which everyone benefits except the donor.

Because society already pays people for risky uses of their bodies, including research participation, she argues that a regulated, uniform fee for living donors would be safer and fairer.

In this chapter

What this chapter covers

  • 01

    Triage and Expected Benefit

  • 02

    Likelihood of Success

  • 03

    Group Averages and Individuals

  • 04

    Disease Concept of Alcoholism

  • 05

    Paid Living Donation

  • 06

    Exploitation Objection

Worked example · free

Test a blame-based allocation rule

Q [6 marks]. AskSia-authored practice. A transplant program proposes a rule that any candidate whose liver failure is linked to alcohol use goes to the bottom of the list, whatever their recent history. Evaluate the rule using Allhoff's medical and moral arguments. The marks shown are an AskSia study allocation, not an official University marking scheme.
The tree separates Allhoff's two routes to the allocation question: medical criteria lead to judging each patient individually, while the moral route turns on bThe tree separates Allhoff's two routes to the allocation question: medical criteria lead to judging each patient individually, while the moral route turns on blame and splits according to whether alcoholism is treated as a disease or a choice.Deprioritise as a group?Medical criteriasuccess · life expectancyMoral criterionis the patient to blame?Judge each patientDisease: no penaltyChoice: maybe
The tree separates Allhoff's two routes to the allocation question: medical criteria lead to judging each patient individually, while the moral route turns on blame and splits according to whether alcoholism is treated as a disease or a choice.
  • 2Assess the rule against likelihood of success and life expectancy.
  • 2Identify the moral premise the rule depends on.
  • 2Explain how the disease concept bears on that premise.
Medically the rule is too blunt. Candidates abstinent for at least six months are not riskier as a class, and group life-expectancy averages do not justify judging individuals, so the rule penalises people whose expected benefit may be high. The rule must therefore rest on blame: the claim that these patients caused their condition by choice and deserve lower priority. Allhoff argues this depends on whether alcoholics choose to drink. If alcoholism is a disease in either the weak or the strong sense, the blame premise fails and the rule is unjust; only if the disease concept is rejected could a blame-based rule be defended.
Sia tip — Ask whether a rule tracks a medical fact about the person or only a label about their group; Allhoff accepts the first and rejects the second.
Glossary

Key terms

Triage
Triage is the allocation of scarce medical resources to where they will do the most good, judged by expected success and benefit.
Disease Concept of Alcoholism
The disease concept of alcoholism is the view that an alcoholic does not choose to drink, either after starting or from the outset.
Valuable Consideration
Valuable consideration is the legal term for payment or other benefit, which living organ donors may not receive under the law Friedman criticises.
FAQ

Justice, Organ Payment and Transplant Priority FAQ

Does Allhoff think alcoholics should be deprioritised for liver transplants?

Not on medical grounds. Abstinent patients are no riskier as a class, and individual comorbidities rather than alcoholism determine expected benefit. Morally, he says the answer depends on whether alcoholics are responsible for drinking: if alcoholism is a disease, deprioritisation is unjustified, and if it is not, a blame-based ranking might be legitimate.

What is the homeowner analogy?

Allhoff imagines two homeowners whose houses are destroyed, one by his own fire and one by a tornado. Many people think aid should go first to the tornado victim, who bears no blame. The analogy supports deprioritising alcoholics only if they chose to drink, which is exactly what the disease concept of alcoholism denies.

Why does Friedman compare organ donation with paid research?

She argues that society already pays research volunteers to accept physical risks, and permits payment for blood, eggs, sperm and surrogacy. If those payments are acceptable, it is inconsistent to forbid a regulated payment to living kidney donors, who accept a comparable kind of risk while everyone else involved in the transplant benefits.

What does the course mean by justice in transplantation?

Justice here concerns how scarce goods, such as donated livers and kidneys, should be distributed and whether markets should play a role. The CMA Code commits physicians to improving access and reducing inequities in care. Allhoff asks whether past behaviour can justify lower priority, and Friedman asks whether paying donors would be fairer than a system in which only donors go unrewarded.

Study strategy

Exam move

Draw Allhoff's argument as a tree with a medical branch and a moral branch, and label where the disease concept enters. Write Friedman's argument as three numbered reasons and pair each with the strongest objection. Then invent a short allocation case and practise writing a consultation note that keeps the medical comparison and any judgement of blame in separate sentences.

Finish by explaining aloud how the two authors would agree that group labels should not replace individual assessment.

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