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REFLECTIONS ON THE FIRST INTERNATIONAL SYMPOSIUM ON BRAIN
DEATH.
(Havana, September 22-25, 1992)
By: CALIXTO MACHADO, President of the Organizing Committee
Correspondence: Dr. CALIXTO MACHADO
Instituto de Neurologia y Neurocirugia
29 y D, Vedado, Habana 4
Ciudad de La Habana 10400
Apartado Postal 4268
CUBA
Fax: 53-7-336321
E.mail: braind@.ceniai.cu
The "FIRST INTERNATIONAL SYMPOSIUM ON BRAIN DEATH"
was held at the International Conference Center, Havana, between
September 22 and 25, 1992.
Delegates from twenty-one countries attended this sunny and
Caribbean city to discuss many controversial issues concerning
brain death and other related states. Argentina provided the
biggest delegation (22 attenders).
The Opening Ceremony was highlighted by the performance of the
National Chorus of Cuba. The singing of beautiful cuban songs
prepared the delegates for the words of welcome given by the
Organizing Committee, emphasizing that even in such a scientific
context, there would be opportunities to discuss human dignity,
and life as well as death.
On the morning of September 22, delegates enjoyed four
striking opening lectures. Like Olympic Gold Medallists, Earl
Walker (U. S. A.), Christopher Pallis (U. K.), Gaetano Molinari
(U. S. A.) and Daniel Wikler (U. S. A.) followed one another to
the rostrum.
In his address "Dead or Alive" Earl Walker presented
much of the basic material derived from the Collaborative Study
of Cerebral Survival sponsored by the National Institute of
Neurological and Communicative Diseases and Stroke (1). For ages,
people had considered life to exist as long as an individual was
breathing. It was later realized that respiration was a means of
maintaining the heart which circulated the blood. Life was then
attributed to cardio-respiratory action. As long as such activity
maintained the nutritional needs of the brain, the individual was
alive. But, in the middle of this century, physicians became
aware that the brain required much more energy than other organs
and, if its needs were not met, it would cease to function, while
other parts of the body (requiring less energy) might remain
viable and even regain their activity provided the circulation
was maintained. The result would be a dead brain in a viable
body. Is such a preparation alive or dead? Before answering that
question, one had to establish the general principles upon which
the diagnosis of a dead brain could be made. The cause of the
coma had to be known, so that it could be remedied, if possible.
If the condition was not remediable, the state of the brain
(underlying all sets of brain-death standards) had to be
determined. The clinical status could be ascertained by standard
neurological examination. Testing was, however, often complicated
by factors such as wounds, which could render it difficult to
carry out or difficult to interpret. Other confirmatory
examinations then had to be relied upon to establish the death of
the brain. But these confirmatory tests had limitations too, some
related to the quality of the examination (such as
electroencephalo-graphy) and others quantitative aspects (such as
isotopic angio-graphy). But with the recognition of these
limitations, the available yardsticks provide a satisfactory
estimate of the state of the brain. In the rare case in which the
clinical and confirmatory test seem to be at variance,
observation of the subject for a longer period of time provided
clarification of the issue. The validity of these criteria under
such circumstances as infancy, concomitant intoxications and
impaired cardiovascular status had been questioned. Having
established the clinical states of the subject, the physician
usually had no problem in certifying death. Problem cases
required a careful consideration of medical, religious and legal
factors.
The second lecture "Brainstem death. Evolution of the
Concept", proved a detonator for future discussions. Pallis
(2, 3, 4) emphasized that most controversies concerning the
criteria for diagnosing death had sprung from a reluctance to
define death. Discussions about the validity of different
criteria could not meaningfully take place in a philosophical
vacuum. What we did (or did not or did not do) in the Intensive
Care Unit had to flow from explicitly formulated philosophical
premises. "There was only a kind of human death: the
irreversible loss of the capacity for consciousness, combined
with the irreversible loss of the capacity to breathe (and hence
to sustain a spontaneous beat)". All death, in this
perspective, was brainstem death. But whereas there was only one
death there were clearly several ways of dying. The commonest, by
far, was circulatory arrest. But this only proved lethal if it
persisted for long enough for the brainstem to sustain
irreversible anoxic damage. Circulatory arrest of briefer
duration either had no sequelae, or cause slight, moderate or
severe neurological damage, the most pronounced form of which was
PVS (persistent vegetative state). The death of the brainstem was
nearly always the infratentorial repercussion of supratentorial
events. It implied the death of the "brain as a whole".
A diagnosis of brainstem death had two fundamental implications.
The first, pragmatic, was that the heart would inevitably stop,
within a relative short period. This was an empirically validated
observation, to which no exception had as yet been recorded. The
second, philosophical, was that quite independently of the
cardiac prognosis an individual with a dead brainstem was already
dead (because irreversible unconscious and irreversible apnoeic).
The distinctions between "whole brain death" (death
of every neuron in the intracranial cavity) and "brainstem
death" (death of the "brain as a whole") were,
both philosophically and in practice, of minor significance.
There were fundamental differences, however, between both of
these concepts and the various "higher brain"
formulations currently being proposed and discussed mainly by
philosophers (5, 6, 7). Their views implied that an individual
might be declared dead even if still breathing. We would
undoubtedly lose public support for transplantation (and rightly
so) if such a proposition were ever seriously put forward.
Gaetano Molinari (U. S. A.) was the third on the scene. He
emphasized that: "still prohibiting unanimity among
physicians worldwide were only some unfortunate but persisting
choices of words". Terms like brain death (BD), whole brain
death, brainstem death, neocortical death served only to confuse
a basic issue, namely, that heartbeat, blood pressure, and even
body temperature had lost significance as evidence of life in
modern intensive care units. In situations in which spontaneous
respirations had stopped but heartbeat persisted, death must be
pronounced "neurologically". Comparing the "whole
brain" and "brain as a whole" formulations of
death, he stated that the only situation in which the British
Criteria (8) might declare persons dead while the cerebrum
retained functional capacity was the possibility and
demonstration in three cases in the American Study (1), and
subsequently by others (9), of apnoeic coma with absent cephalic
reflexes due to primary brainstem lesions (suggesting death)
while electroencephalograms might indicate some residual
biological activity (10).
The fourth speaker in this marathon was Daniel Wikler,
presenting some remarks on "The Philosophical Considerations
on Death". Wikler was included as a philosopher, on the
professional staff of the President's Commission for the Study of
Ethical Problems in Medicine and Biomedical and Behavioral
Research (11). He asked: "Should we consider a further
revision in the definition of death, one which would define death
as permanent loss of consciousness? This change would permit
physicians to pronounce dead patients in a PVS. Today we lack the
ability to diagnose this condition with certainty, so a further
change in the law would be unwise. Nevertheless, we might wish to
be prepared for the day when physicians acquire the ability to
diagnose PVS with certainty, at least for some types of patient.
Should such patients be considered dead or alive?
A thought experiment suggested the need for a further
redefinition. Suppose that, at some future date, doctors became
capable of maintaining function in severed heads and decapitated
bodies. One poor man, careless in his use of an electric saw,
suffers a complete decapitation. His head is carried in an
ambulance to the Head Hospital; his body is carried to the Body
Hospital in the next town. Since no one can be in two places at
once, we must ask: Where is the patient? Is he in the Body
Hospital or the Head Hospital? All of us would answer, if we had
to make a choice, that he was in the Head Hospital. Now, to
continue the story, suppose that the head dies, but that the
patient's body continues to live. Is he alive or dead? We cannot
say he is alive, since that would imply that at the time his head
died he magically switched his location to the Body Hospital.
Therefore we must say: he died. At this point in the story, we
have his living body, in the Body Hospital, but the patient is
not alive. But this is what we have with a patient in PVS; and
therefore we ought to say that such a patient is not alive
either. In the future, however, we will have to address the
problem of those patients who remain in an unconscious state for
many years. As an issue in bioethics, the definition of death has
been put to rest, but it has not yet expired. In this remarkable
lecture Daniel wikler introduced the Symposium to the concept of
"higher brain formulations of death" (5, 6, 7).
The lunch break was taken up in further discussion: three
lunch panels were presented: "Famous Trial Cases" (in
relation to BD and persistent vegetative state) was moderated by
Gaetano Molinari; "Persistent Vegetative State (PVS)"
by R. Firshing (Germany) and "Do not Resuscitate
Orders", by Daniel Wikler and Stuart Youngner (U. S. A.).
The afternoon of Tuesday, September 22, proved an interesting
session in which brain death criteria in different countries were
compared. We presented the "Cuban Criteria for Brain Death
Diagnosis" (12, 13). These involved a sequential approach
for brain death diagnosis, using multi-modality evoked potentials
(MEPs) and electroretinography (ERG) as a key step. When
reviewing literature it was clear that most sets of criteria had
not presented considering such a sequential approach. MEPs and
ERG were not usually included as confirmatory tests. The
combination of of both a sequential approach, and the application
of a test battery comprising MEPs and ERG, could overcome the
difficulties posed by conditions traditionally considered as
excluding a diagnosis of brain death, and could facilitate
clinical practice, in establishing a precise and early diagnosis
of BD, which was also fundamental for organ transplantation (14).
Christopher Pallis again took the rostrum (he was always
expected by the auditorium) and presented the U. K. code (8). The
majority of the delegates thought that he had been a member of
the Commission that had drawn up the U. K.Code, but we were to
learn from him that although the U. K.Code had a brainstem
orientation in its concept of death, his own contributions in
this field had been due to personal interest and commitment.
Pallis stressed that the main emphasis of the U. K. code was the
all important question of "context". Unless strict
preconditions had been fulfilled, and certain conditions
specifically excluded, a diagnosis of brain death could not even
considered. He likened the picture to a patient having to pass
through two tight sieved, before been tested for brain death.
This point had seldom been grasped by those criticizing the
code. The scheme outlined was scientifically sound and clinically
easy to use. Terminological problems remained however. The
memorandum produced by the Conference of Medical Royal Colleges
and their Faculties was entitled "The Diagnosis of Brain
Death" (8). The document stated, however, that it was the
"permanent functional death of the brainstem that
constituted death". This is unexceptionable, if taken to
mean that death of the brainstem prevented any kind of meaningful
functioning of the "brain as a whole". The title of the
document remained, however, open to misunderstanding.
A different view concerning the U. K. code (8) was presented
by a german delegate, Dr. R. Firsching, a close collaborator of
R. A. Frowein's. In Germany, death of the entire brain was
required and brainstem death alone had not in general been
accepted as death of the individual. Firsching emphasized that as
recommended by the "Bundersfrztekammer" in Germany,
prerequisites for the declaration of brain death were a primary
or secondary brain lesion and the exclusion of drug effects,
hypothermia or endocrine disorders.
After the association of apnoeic coma and cranial nerve
arreflexia had been confirmed (in cases of primary supratentorial
lesions) four options were available: (1) a waiting period of 12
hours; (2) electrocortical silence as revealed by EEG; (3) step
wise abolition of brainstem auditory evoked potentials in
sequential investigations; (4) the demonstration of intracerebral
circulatory arrest, either by angiography or by transcranial
Doppler sonography. In primary infratentorial lesions cortical
function might be preserved by hours or days. The demonstration
of electrocortical silence by EEG was therefore mandatory.
An interesting paper was then presented by a group of
colleagues from Argentina. A retrospective analysis of 630
potential donors showed that their average age was 31. There was
a net predominance of males (71,4 %). Head injury (46,65 %) and
cerebrovascular diseases (44,6 %) were the most common
aetiologies among the potential donors. Consent for organ
donation was obtained in 58 % of the cases.
Preliminary results from a prospective study on BD, were then
presented by neurologists from the National Institute of
Neurology and Neurosurgery, in Mexico.
A warm evening proved a pleasant background to the
"Welcome Party". There was plenty of cuban music, rum
and friendship.
The morning of September 23, began with interesting
presentations on: "Neurophysiological Tests and other
Confirmatory Techniques in Brain Death and Related States"
and "Legal Considerations on Brain Death and Related
States".
I presented a paper on the "Early Diagnosis of Brain
Death Using Multi-modality Evoked Potentials (MEPs) and
Electroretinography (ERG)" (14, 15, 16, 17). MEPs and ERG
were highly resistant to factors such as: drug intoxication,
barbiturate narcosis, the use of anaesthetics, hypothermia, and
so on. They had been shown to be reliable in the Intensive Care
Unit environment. Considered as single tests, they had their
limitations and they had been not routinely included as
confirmatory tests for the diagnosis of BD. We applied a battery
of tests (including MEPs and ERG) to thirty brain-dead patients.
For brain stem auditory evoked potentials (BAEPs), three patterns
of abnormality were observed: (1) no identifiable waves (73.34
%); (2) an isolated bilateral wave I (16.66 %) and (3) an
isolated unilateral wave I (10 %). For short latency
somatosensory evoked potentials (SSEPs) a characteristic pattern
was found: absence of N20 and later responses in the
scalp-cephalic record with preservation of all or some of the
so-called subcortical components in the rest of the derivations.
An interesting dissociation appeared in which some SSEP
components were still present in neck-cephalic and spine while
absent in scalp-non cephalic leads. Our data further suggested
that all components after P13-N13 (recorded with restricted
filter bandpass) also recognized two or multiple distinct
generator sources. Rostral generators were probably located in
the brainstem and/or thalamus, but a significant part of these
SSEP components seemed to be generated at the lowest part of the
medulla oblongata (dorsal column nuclei) and/or at the level of
the upper cervical spine.
Visual evoked potentials (VEPs) and the ERG were elicited and
recorded simultaneously, using cephalic and non-cephalic
references. In all cases in which a non-cephalic reference was
used the ERG did not change (either in latency or in morphology)
while the VEP channel showed no response. In only two cases
(using the VEP derivation with a non-cephalic reference) was it
possible to record waves that indicated a spread of the ERG to
the occipital area. These results suggested that although
contamination of the VEP recordings by the possible spread of the
electroretinogram to the occipital area might occur, when using a
non-cephalic reference it was easy to confirm the absence of a
true cortical visual response in brain-dead patients.
It was suggested that the test battery we proposed would
permit the assessment of several sensory pathways, in brain-dead
patients, thereby considerably increasing diagnostic reliability.
Taking into account that these techniques are highly resistant to
hypothermia, drug intoxication, the use of anesthetics, etc.,
resort to this battery as confirmatory tests might considerably
diminish the time of observation needed to establish a definitive
diagnosis of BD. This was of course a fundamental prerequisite to
organ transplantation. MEPs and ERG were considered as
confirmatory tests in the Cuban Criteria for Brain Death
Diagnosis (12).
R. Firsching from Germany continued the session, presenting an
interesting paper about "Evoked Potentials and Brainstem
Reflexes in BD". In Germany registration of brain stem
auditory evoked potentials (BAEPs) had been recommended as a
confirmatory test of brain death under certain conditions. The
author's group investigated 100 patients who exhibited apnoeic
coma and cranial nerve arreflexia after primary brain lesions and
who finally met all the criteria of brain death. BAEPs,
somatosensory (SEP) and visual evoked potentials (VEP) and, in
addition, transcranial magnetic (TmgMEP) and electric (TelMEP)
motor evoked potentials were registered. In no patient with
apnoeic coma and cranial nerve arreflexia could preserve BAEPs,
SEP, VEP or TmgMEP or TelMEP. Brainstem reflexes were also
abolished with the exception of seven cases with a preserved R1
response of the blink reflex immediately after apnoea had been
documented. Registration of evoked potentials as a confirmatory
test added safety to the diagnosis of brain death, as they were
particularly resistant to drugs. They proved practicable for the
declaration of brain death in one third of our patients. Brain
stem reflexes required further research.
Hilmar Prange, also from Germany, continued the session with
some remarks concerning the reliability of several technical
investigations for the confirmation of BD. Fifty consecutive
patients with suspected brain death were included in his study
dedicated to evaluate the reliability of different diagnostic
techniques. The techniques employed comprised clinical
examination, apnoea testing, EEG, extracranial Doppler
ultrasonography (ECD), brainstem acoustic evoked potentials
(BAEP) and arterial digital subtraction angiography (DSA). In 39
cases these were no discrepancies in the results of the different
techniques used to confirm brain death. With the remaining 11
patients the findings were not exactly concordant or, at least,
permitted varying interpretations. For example, in six cases
doubts existed as to whether or not the EEG was isoelectric. In
four patients BAEP findings were compatible with brain death two
to three days before intracranial circulatory arrest was
documented. Finally, in two patients with isoelectric EEG and
absent BAEP, arterial DSA showed residual cerebral flow. The
significance of the mentioned technique for brain death diagnosis
was discussed in the light of their conceptual differences
implicit in the term brain death.
A beautiful lady from Chile, then proved that women were to be
respected in neurophysiology. Nelly Chiofallo had worked with
Professor Earl Walker during the seventies in an International
Commission on Brain Death. She emphasized that when since
clinical criteria were only partially realized and there was not
total certainty concerning suspected brain death, certain
non-invasive electrophysiological tests could provide objective
evidence as to whether or not the cerebrum was active. Monitoring
EEG and computer-average Evoked Potentials (EP) were among these
confirmatory methods. EEG methodology was highly important in
relation to both false negatives or false positives findings.
(The author's experience with corpses was reported). Dr. Chiofalo
presented 132 brain-dead patients studied by EEG, in a three year
period, taking into consideration: age-sex distribution, primary
diagnosis, consciousness state on admission, time elapsed until
respiratory arrest, time elapsed from isoelectric EEG to
asystole, etc. She also discussed the utility of topographic
brain mapping in a controversial paedriatic case. Minimal EEG
activity in few channels were related to artifacts.
Mapping-histograms defined the presence of true bioelectrical
activity.
Flying thousand of miles, A. Erbengy came from Turkey to the
Pearl of the Antilles (Cuba). He stressed that although the
determination of brain death was fundamentally a clinical
diagnosis, conditions that might interfere with diagnostic
accuracy required assessment by at least one ancillary test. In
his institution (Hacettepe University Medical School) they had
found that brain stem auditory evoked potentials (BAEPs) was the
most reliable technique. They had also performed radionuclide
angiography and brain perfusion studies, whenever they had felt
it was necessary. More than 150 brain-dead patients had been
studied by BAEPs and 30 by radionuclide angiography and brain
perfusion. A highly significant correlation was found among BAEPs
and radionuclide study results. None of the patients with absent
BAEPs had showed cerebral perfusion. BAEP records, with or
without radionuclide studies, had been found to be very reliable
adjunct to a clinical diagnosis of brain death. Besides the
determination of brain death, radionuclide studies also provided
valuable information on the current status of the organs to be
used as grafts in organ transplantation (kidneys, liver, heart,
etc.)
The chairman of this session, Arnold Starr (U. S. A.), had in
1976 reported original data in 1976 about the use of auditory
brainstem responses in brain death (18). He now presented a nice
lecture entitled "Averaged evoked brain potentials and brain
death". The averaging of electrical events in the brain
(time-locked to sensory events) revealed a sequence of components
reflecting activity at different levels of the pathway from
receptor to cerebral cortex. The generators of these components
varied, and examples that had been defined included activity in
nerve fibers at points of an impedance change or activity in
neuronal clusters. In comatose patients, the pattern of potential
loss could be used to define the level of brain dysfunction.
Brain death had been equated with the loss of central brain or
brainstem activity while receptor function could be preserved.
Among theoretical problems engendered by these assumptions was
the fact that averaging required synchrony of brain activity
time-locked to the sensory stimuli. Pathological processes might
lead to a loss of this synchrony. Thus even though the brain was
viable, averaged evoked potentials might be absent. A
pathological process might result in the loss of function of
nerve fiber pathways sparing neurons. Averaged evoked potentials
would be absent in this scenario, since the neurons would not be
receiving input yet the brain would be viable. Compromised
receptor function might impair sensory pathway responses in a
viable brain. Alternative activation of sensory pathways had to
be developed for this situation as it had to be developed with
peripheral nerve stimulation for somatosensory evoked potentials.
The lunch break proved not only a moment to enjoy cuban food.
Three equally attractive lunch panels reported. As a final game
for the World Crown in Chess, Christopher Pallis (U. K.) and Earl
Walker (U. S. A.) moderated a discussion on the "Brain as a
Whole and Whole Brain formulations of death on neurological
grounds". Stuart Youngner (U. S. A.) chaired a group of
discussion of: The "Higher Brain Formulations of
Death". Meanwhile R. Dierkens (Belgium) was accompanied by
enthusiastic delegates wanting to discuss "Medical Decisions
in Terminal Cases".
From Oslo, Marianne Forsman, an interesting nordic lady,
presented some remarks about the effect of nimodipine on cerebral
flow and cerebrospinal fluid pressure after cardiac arrest.
Fifty-one patients were included in a blind randomized study to
evaluated whether the Ca-blocker nimodipine could influence
cerebral blood flow (CBF) or cerebrospinal fluid pressure (CSFP)
during the cerebral hypoperfusion period that followed
resuscitation from cardiac arrest and to determined whether
changes in CBF correlated with neurologic outcome. CBF (measured
1 to 4 hours after arrest with the use of intravenous 133Xe) was
significantly greater with nimodipine than with placebo, There
was no clinical evidence of seriously increased CSFP in any
patient in either group during the first 48 hours. Mean arterial
pressure was significantly lower, and antiarrhythmic drugs were
used significantly less frequently in the nimodipine group than
in the placebo group. Twelve patients in each group eventually
regained consciousness. There was no significant difference in
neurologic status between the two groups at any point, and no
positive correlation between CBF in the hypoperfusion period and
neurologic outcome.
From my group, Dr. Orlando Garcia presented the results of a
study dealing with heart rate variability (HRV) in coma and brain
death. Thirty-three comatose patients were studied serially by
HRV and Glasgow Coma Scale (GCS), as were 40 normal subjects to
document our normative data. HRV values were considered for
different GCS scores. For GCS from 7 to 9, the HRV achieved its
maximum values. We considered these in relation to a functional
disconnection of the defense hypothalamic area with a normal
functioning brainstem, such results apparently not been
previously reported in the literature. HRV showed a significant
tendency to decrease with low GCS values (3-6). For high GCS
scores (10-15), the HRV also showed a significant tendency to
decrease. With these results a non-lineal correlation between HRV
and GCS was defined. Fourteen brain-dead patients were also
studied and were found to present the lowest values for HRV
(significantly different from normals). During the atropine test
no significant changes in the HRV were found for brain-dead
patients.
An enthusiastic group of neurologists and neurosurgeons from
the Neurological Center of the French Hospital in Buenos Aires,
(Argentina) presented three papers dealing with the application
of neurophysiological techniques to study brain-dead patients.
They described a patient diagnosed as brain dead who had
preservation of the spinal (somatosensory) evoked potential at
L5-S1. These results might be used to explain the finding of the
Lazarus's Sign in brain death. In another paper, they described a
series of 30 patients, studied by multi-modality evoked
potentials and EEG, finding patterns which confirmed absence of
cerebral function. All cases showed a electrocerebral silence,
except three patients, who showed preservation of rudimentary but
recordable EEG. They discussed the possible mechanisms of EEG
preservation in such patients, in relation to the intracranial
pathology and to the timing of the EEG study in relation to the
clinical evolution, since brain death was established. The
colleagues from Argentina were in fact defending the "brain
as a whole" (brainstem death) formulation of death. The
third paper consisted in the presentation of a patient who
developed a cardiac arrest during a study of the brainstem
auditory evoked potential. Several changes in evoked responses
were noted, that confirmed the diagnosis of brain death.
The session devoted to discuss the "Legal Considerations
on Brain Death and Related States" was chaired by Professor
R. Dierkens, President of the World Association of Medical Law.
Dierkens emphasized that the wishes of the patient had to be
considered, but in a context in which the medical opinion was
also important. The deontological code in Belgium proposed the
cessation of treatment when the clinical diagnosis was hopeless.
The Catholic Church in this country had also proposed to
discontinue treatments progressively in terminal patients, but
without abandoning nurse care, pain relief and psychological
support.
From my group, Dr. Jesus Parets, a young lawyer, continued
with "Legal Considerations on Brain Death Diagnosis and the
Moment of its Occurrence" . The old Civil Code in Cuba
(1942) had stated that "death was diagnosed by physicians
confirming an irreversible cessation of cardio-respiratory
functions". In 1985 a new Civil Code altered this, starting
that "death is diagnosed by physicians in relation to
criteria defined by the Ministry of Public Health". This
view defended a position in which the relevant criteria were not
included in any law. New criteria could thus be included at any
time. The Ministry of Public Health had then organized a national
commission which every year reviewed and updated the criteria to
be applied in our country. A ministerial resolution had validated
the use and application of the "Cuban Criteria for Brain
Death Diagnosis" (19).
DONAR (the Spanish for to donate) is an organization from
Santa Fe, Argentina. Its President, Dr. Pedro Zukas, emphasized
that "Time is too short for egoism". Dr. Zukas read a
paper whose main author was Dr. Cesar Rey Leyes (Argentina).
Article 103 of the Argentinean Civil Code emphasized that death
made it impossible to have human rights. The diagnosis of death
was accepted in relation to medical criteria, but this had to be
done independently of any decision concerning organ
transplantation. The patient's relatives could give or refuse
permission regarding organ donation. The law had to facilitate
medical development, and not impede it.
A controversial session (Bioethical Considerations on Brain
Death and Related States) began in the morning of thursday 24. It
was chaired by Daniel Wikler and Stuart Youngner (U. S. A.)
An expected lecture was presented by the chairman, Daniel
Wikler: "Why Brain-dead Patients are Dead? The President's
Commission Explanations After One Decade". Daniel Wikler's
presentation was a discussion of the definition of death provided
by the President's Commission for the study of Ethical Problems
in Medicine and Biomedical and Behavioral Research (11). This
commission had been appointed in 1979, by the President of the
United States. It had produced eleven reports which had proven
influential in American and international bioethics. The
President's Commission report addressed three topics: (a) What
concept of death should be used? (b) What legal statute should be
adopted? (c) How should brain death be diagnosed? However, only
(a) was the official product of the Commission. The statute had
been written in collaboration with the American Medical
Association and the American Bar Association (among others). It
gave a legal definition of death as either whole-brain death or
cardio-respiratory death. The Commission's report provided (c) as
a public service in an Appendix (not endorsed by the Commission
itself) its recommendations on diagnosing death. These had been
formulated by an expert panel, including Dr. Walker and Dr.
Molinari. In its comments on the concept of death (a), the
Commission had argued that patients who suffered whole-brain
death should be viewed as dead. The primary reason was that the
brain (and in particular the brainstem) was the integrator of the
body's major organ systems. Without this integration, the
Commission reasoned, continued functioning of the patient's major
organ systems (in an ICU) did not constitute organismic life. The
Commission rejected a "cortical-death" definition,
pointing out that such a definition of death would seem to
endorse the burial of a patient with a spontaneously beating
heart. The Commission's findings had resulted in a change in the
definition of death in nearly every one of the states in the U.
S. A. (where defining death is a matter of state, rather than
federal, law). Philosophers, however, had questioned the logic of
the Commission's central argument, pointing out that the major
organ systems in a well-maintained brain-dead patient, interacted
so as to sustain the main non-cognitive bodily functions.
Dr. Stuart Youngner (Associate Professor of Medicine,
Psychiatry and Biomedical Ethics at the Case Western Reserve
University School of Medicine and Director of the Clinical Ethics
Program of the University Hospitals of Cleveland) presented a
paper on "Brain Death and Organ Transplantation: Confusion
and Its Consequences" (20). He argued that despite the rapid
and widespread embrace of so-called "brain death" in
the United States, confusion about its meaning and implications
remained a problem. He gave several examples of evidence of this
confusion. First, the criterion of brain death, i.e the
irreversible loss of all brain function, was accepted for
practical reasons (without a wide agreement on exactly why
patients who had lost all brain function were dead). The
practical reasons were: (1) in the hands of a competent
neurologist, neurosurgeon, or critical care physician, brain
death was a relatively easy diagnosis to make; and (2) that once
the diagnosis of brain death had been made the prognosis was
certain that the patient would never regain consciousness and
would develop asystole within a short time, despite continued
aggressive intervention. The diagnostic certainty and uniformly
dismal cardiac prognosis for brain-dead patients facilitated the
acceptance of policies aimed at treatment withdrawal and organ
retrieval.
A study by Youngner and his colleagues (20) at Case Western
Reserve University had, however, indicated that physicians and
nurses working in critical care and operating room settings
accepted brain death for different reasons. Some thought
brain-dead patients were dead because they would never wake up
again. Others accepted them as dead because they had lost the
integrating functions of the brainstem. Still others indicated
that they did not really believe the patients were dead, saying
that the patients were "going to die very soon despite
aggressive treatment" or that their "quality of life
was unacceptable."
Further evidence of confusion was the stubborn persistence of
the term "brain death" itself. Health professionals
consistently referred to patients who had lost all brain function
as brain-dead (rather than, simply dead). It is also common to
hear them say that the brain-dead patient "died" after
life support had been removed. Of course you can not die if you
are already dead. The persistence of term brain death may well
reflect an inevitable conflict between reason (which told us that
brain-dead patients were dead) and emotions. The latter were
stimulated by the many signs of "life" still shown in
brain-dead patients. These were of particular concern to nurses
who took care of brain-dead patients. Intensive Care Unit nurses
reported feelings of discomfort at calling patients
"dead" who require aggressive treatment (including
resuscitative efforts if the "dead" patient develop a
cardiac arrests) at a time when clearly living and conscious
patients, in the same unit, fell into the "do not
resuscitate" category. In the operating theater, nurses
sometimes felt that the patient's spirit was in the room during
organ retrieval surgery, and only departed when the ventilator
was turned off and the patient came to complete rest. These
examples of confusion were inevitable when we were willing to
call patients dead when so much life persisted. This confusion
pointed not only to the need for more ongoing education about
brain death, but also for wide debate and consensus among various
elements of society (including not only doctors, but the legal
and religious communities, and especially the lay public) before
policies are implemented and enforced. To do otherwise was to
foment distrust and suspicion of medical science, perhaps
undermining the worthwhile goal of saving more lives by getting
more persons to donate their organs.
Dr. E. Bochiardo from DONAR (Argentina) presented a paper
"Brain Death", in which he emphasized that until some
time ago the determination of death was relatively easy:
confirming the irreversible absence of cardio-respiratory
function. In the sixties, the development of reanimation and
other intensive care techniques, forced physicians to confront
the concept of brain death. A man had to be considered dead when
his brain functions disappeared. He considered that the decision
(made by patient's relatives) to donate organs was a
transcendental and admirable token.
The results of an interesting survey were then presented by
Dr. Eduardo Fermin, a delegate of the Cuban group. The subject of
the survey was related to the decisions and feelings of the
physician, who had to decide what to do in a brain-dead patient,
when transplantation was not envisaged. The survey described to
the attitudes of 50 specialists in intensive care medicine. This
survey was anonymous, assessing the concepts of life and death,
euthanasia, as well as the methods used in the process of
diagnosing brain death. Many interesting results had arisen: for
example, the confusion about methods and criteria for diagnosing
death, concerns about the legal protection of physicians, doubts
about when to turn-off the respirator, mistakes in the concepts
of BD and euthanasia, etc. Many physicians had expressed
religious opinions in this context.
Two cuban specialists in psychiatry (Drs. Jose A. Hernandez
and Carlos M. Notario) ended this session presenting a paper
entitled: "Attention to Near-Death-Patients". They
appreciated the classic study of Dr. Klubler-Ross and
particularly her description of the psychological stages in dying
persons. They paid attention to the medical custom which sought
to prolong, in all possible ways, the life of hopelessly ill
patients, while accepting that medical procedures should be
directed to relieve the pain of the dying and allowing a decorous
death. They stated that their purpose was to stimulate a
discussion about this subject in our country and to exchange
opinions with foreign experts, but always keeping their patients
in the forefront of their minds.
Three interesting lunch panels joined delegates with providing
food for thought. "Near-death Experiences" was chaired
by the Reverend Douglas Lynn (Canada), "Organ
Marketing" by Dr. Raul Herrera (Cuba) and "Transplant
Alternatives" by Dr. Noel Gonzalez (Cuba).
"Brain Death in Children" is always a controversial
subject. This session was chaired by Dr. Kimio Sainio from
Finland. He opened the session with a study of the patients with
suspected brain death seen in the Children's University Hospital
of Helsinki, during a ten year period (1983-1992). The study
correlated clinical, neuroradiological and EEG data. A total of
36 patients were studied, ranging in age from 0 days to 11 years
(mean = 1.9). Brain death was diagnosed in 21 patients. The
diagnosis was confirmed in three patients by cerebral angiography
and in four patients by colour flow Doppler ultrasound
examinations. The EEG was inactive in 19 patients. Two patients
showed minimal EEG activity two to five days before brain death
was confirmed. The diagnosis of BD was not confirmed in 15
patients. Five of these cases had either flat or
burst-suppression EEGs. Four of them died and one survived with
major neurological sequelae. The inactivity of the EEG was due to
barbiturate medication in two patients; both survived with major
neurological sequelae. Both EEG and Doppler examinations were
compatible with brain death, while clinically some brainstem
function persisted in these two cases; both developed asystole
within 24 hours. Of the remaining 6 patients, five died and one
survived, a child who had inactive EEG at the age of 0 days and
later developed major neurological damage. The ultrasound Doppler
examination reliably confirmed the diagnosis of BD in these
patients. The inactive EEG often preceded clinical and Doppler
signs of brain death. An inactive EEG in patients that were not
brain-dead was associated with poor prognosis.
A psychopedagogical view of organ transplantation was
presented by Daniel De Greef (DONAR, Argentina) in his paper:
"The Child and his Death and Organ Transplantation".
The speaker considered that to be prepared for the moment of
death, it was necessary to educate people to achieve a new
culture about the need for organ transplantation. In this
context, people would be psychologically prepared when facing the
death of a relative, to give their concern to donate organs. This
was a message that we should learn since the child-hood in our
schools. Organ transplantation allows a dead person to offer life
to another.
A cultural night (on Thursday evening) gave us a marvelous
opportunity to listen to cuban music.
Two important sessions took place on the last day: "BD
and Organ Transplantation" and "Philosophical,
theological, cultural, historical and sociological considerations
on BD and related issues".
"Brain Death and Organ Transplantation" was chaired
Professor Noel Gonzalez, pioneer of cardiac transplantation in
Cuba, and Raul Herrera, Director of the National Institute of
Nephrology.
Professor Noel Gonzalez presented an overview of the evolution
of organ transplantation in Cuba, emphasizing cardiac
transplantation. Professor Gonzalez had organized the Cuban
National Program for Transplantation.
Dr. Raul Herrera described the Cuban experience in relation to
renal transplantation. The first renal transplantation took place
on February 24, 1970 in Cuba. This initiated the development of
transplantation surgery in our country. The total number amount
of renal transplants, up to 1992, had been 1809.
Dr. Antonio Marrero, a member of Professor Gonzalez's group,
described the coordination of organ and tissue transplants. He
described the medical and psychological problems encountered in
obtaining adequate number of donors and viable organs and
tissues. He also described the care of the donor in the Intensive
Care Unit, the anaesthetic and surgical techniques employed, etc.
Dr. Marrero also commented on the group's experience in cardiac
transplantation. He analyzed data relating to 307 possible donors
processed between 1985 and 1991, emphasizing the cause of brain
death, age, sex, number of extracted organs, blood groups, causes
of no acceptance, and the average ischaemia time, among other
elements. He explained the selection criteria in donors for
cardiac transplants, and summarized the technique used for organ
harvesting.
A cuban lady, Sofia Sanchez, emphasized the important roll of
the psychologist in the Intensive Care Unit, in managing
patients' relatives. She described the medical-psychologic stages
in the comprehension of the patient's relatives. She also
described the organization of the Cuban National Program for
Transplantation at the "Hermanos Ameijeiras" Hospital,
showing the national statistics for multi-organ donors between
December 1985 and December 1991.
This session was ended with a round table involving
specialists from the Intensive Care Unit of the "Hermanos
Ameijeiras" Hospital.
The session devoted to "Philosophical, Theological,
Cultural, Historical and Sociological considerations on BD and
related issues" was chaired by Douglas Lynn, Senior Pastor
and President of the Crossroad Cathedral International Ministries
and Dorita Caballero, also Pastor of the Crossroad Cathedral
(Canada). Reverend Lynn began the session with these remarks:
"The Human race had been caught up in a unique moment of
wold history precipitated by man's tremendous advancements in
medicine and science. Technology had outstripped the development
of man himself, so that the two were no longer synchronized. What
man "can do" was out of step with our knowledge of
"who man is", which had resulted in an ever increasing
tension and a multitude of unanswered questions. This had been
further complicated by the interdisciplinary nature of bioethics
which extended these questions beyond the field of medicine to
the philosopher, the ethicist and the theologian. He proposed, in
his paper to delineate the contours of this tension by examining
fundamental questions like, "What determines
humanity?", "What are the components of personhood?,
"What defines the dignity and value of a human being?",
"Is there a difference between human life and biological
life?", "What does life as defined by a holy world View
where our judgments are based on deep-seated absolutes to which
are added precepts based upon experience?". Reverend Lynn
came to this exchange as a fellow inquirer sharing some of the
uncertainties common to us all. As an Evangelical Christian, his
aim was to set forth what many of the great philosophers of the
last 300 years had verbalized, namely, that without resort to a
concept of God (variously under-stood) and to an understanding of
the purpose of life which is provided by the great religions of
the world, it was not possible to justify the rules of living
which had been the guiding principles of our world. He believed
we were more than the products of random accidents without
purpose and meaning.
The Jewish position was defended by Rabby Dr. Moshe Tendler,
Chairman of the Bioethics Committee of the Rabbinical Council of
America and Professor of Medical Ethics and Biology at New York's
Yeshiva University. Since decapitation was regarded by the Talmud
as the only applicable model for brain death, Tendler and Rabbi
Yigai Shafren had performed an interesting experiment: a pregnant
ewe, close to delivery, was decapitated and organ viability was
maintained by a ventilator. The decapitated sheep was kept in
this condition for several hours with heart action and blood
pressure remaining within normal values. A live lamb was them
delivered by Caesarean section. Dr. Tendler emphasized that this
experiment proved that neither a beating heart nor a live foetus
were a signs of life when an animal was on respiratory support.
The critical condition required by Rabbi Auerbach, one of the
leading halachic arbiters in Israel, was a 30 seconds cessation
of heart beat after the respirator had been disconnected from a
brainstem-dead patient. Transplant surgeons could accept this
condition when it involved the use of a kidney, liver, lung and
pancreas, but it considerably reduced the success rate in cardiac
transplants. Dr. Tendler considered that the heart could be
removed from the brainstem-dead donor while it it was still
beating. Tendler disputed the belief held by many Jews that they
would be denied entrance to Paradise or resurrection after death
unless they were buried with all their organs. If a man's leg was
amputated, should it be buried so that its being above ground did
not defile the Priestly Tribe? The greatest guarantee of Paradise
was having donated organs to save another person's life. Dr.
Moshe Tendler had called on all rabbis and Jews to accept
brainstem death and to actively promote organ donation.
"DONAR" went again to scene. Dr. Zukas stated that
death compelled man to face the mystery of his own life. Pope Pio
XII had stated that the diagnosis of death was a subject of
Medicine and not of the Church. Nowadays, what characterized
death was the irreversible damage to the brain, with the
disappearance of personhood. A "patient" in this state
was a corpse. But was it not possible to offer life from these
cadavers? Juan Pablo II had emphasized that organ transplantation
was like the resurrection of Christ, who after his death
continued to offer life: "Because I was thirsty, you gave me
water; because I was hungry, you gave food to eat; because I was
blind, you gave your corneas; because my heart was sick, you gave
yours, before mine stopped; because I was on a dialysis machine,
you gave your kidney; because of this I came to share the kingdom
of God".
Dr. Orlando Garcia (from my group) and Dorita Caballero
(Pastor of the Crossroad Cathedral, Canada) presented "One
Body, Many Lives". Science and modern technology had made
possible a dream that had caused wonder to humanity from the
oldest times: organ transplantation. Today the lack of available
organs constituted a major problem for thousands of people who
remained on waiting lists. Medical activity could be an areas of
deep meaning, and co-creating activity in the relation between
man and God in a context of humanized structures, but such
activity can also be adulterated, for example by the criminal
practice of organ marketing. A theological understanding of the
body was (and by far) more communitarian than individualistic. We
belonged to one another. This derived from an understanding of
Creation by God, and of a life project in Jesus Christ open to
humanity. As part of their theological mission, churches could
support a donation system and contributed to the public dialogue.
"Look for a new heart, why should you die?...I will give you
a new heart and will put a new Spirit within you, and I will take
away from your flesh the heart of stone, and I will give you a
heart of flesh". These words from the prophet Ezequiel had a
special resonance in this context. The cuban hero Jose Marti
said: "to die is to close one's eyes the better to see
...". The vision he was referring to so profoundly did not
depend on our sense organs or the corneas which otherwise could
restore the sight to others.
May be, for the first time, a group of Cuban Yoruba
Theologians participated in an event like this. Spanish and
African emigrations had provided the main core to cuban
nationality. From a region of Africa, which is now Nigeria, had
come numerous groups of slaves, who practiced what is known as
the Yoruba Religion. The mixture of the Yoruba conceptions with
catholicism and (less important) with animismism, defined the
religious practice known as "Regla de Ochoa" or
"Santeria"). A group of theologians from this religion,
participated in the Symposium to present their philosophical
views in relation to brain death. They emphasized that a
brain-dead patient was not able to code the communication between
the material and spiritual components of a human being, because
it was in the brain that there existed the energetic centres to
develop such a communication. In a living body with a dead brain,
it was therefore impossible to communicate with God. They
accepted this state as equivalent to death. They also considered
that organ transplantation was both ethically and philosophically
a valid way of helping people.
Final remarks. From the presentations and discussions during
the Symposium, it was clear that discussing about brain death
were not over. The persistence of the use of the term brain death
could well reflect an inevitable confusion, namely that there
were "different types of deaths". As Dr. Youngner (20)
emphasized, the stubborn persistence of the words brain death in
everyday language was not simply a slip of the tongue or
ignorance of the facts. It reflected an underlying confusion
about the true state of patients whose brains had stopped
functioning, but whose other cells, tissues, organs, and organ
systems continued to live, integrated, however modestly, by the
machines and staff of our modern intensive care units. This
confusion pointed out only to the need for more ongoing education
about brain death, but also for wide debate and consensus among
various elements of society, including not just the medical
community but also philosophers, theologians, lawyers,
sociologists, psychologists, etc. This Symposium had been a clear
example of a multi-disciplinary approach of this subject.
There were still controversies about how much of the brain
needed to be dead before a person could be declared dead on
neurological grounds (2, 3, 4). The "whole brain"
criterion meant the irreversible cessation of hemispheric and
brainstem neuronal functions (11). It had been accepted by our
society mainly for practical reasons, i. e., physicians had
constructed batteries at bedside tests (and of confirmatory
laboratory procedures) to show that this criterion of death had
been satisfied. Nevertheless, persistence of certain hypothalamic
neuroendocrinal functions and (rudimentary but recordable) EEG
activity in patients otherwise fulfilling the "whole
brain" criteria, emphasized the controversy concerning the
"critical number of neurons" that had permanently to
cease functioning before the essential activities of the
hemispheres, diencephalon and brainstem ceased to integrate the
functions of the organism as a whole? (2, 9, 10, 21).
The "brain as a whole" (brainstem) criteria
powerfully defended, both clinically and philosophically, by
Professor Christopher Pallis (2, 3, 4), were criticized by the
German delegation, because they held that "it was not
possible to exclude the possibility" that deeply comatose
patients fulfilling all brainstem criteria of death, with
destroyed brainstems but preserved cerebral hemispheres, might be
capable of thinking, feeling and so forth. To this Dr. Pallis had
responded that in the vast majority of cases the dead brainstem
was the infratentorial repercussion of massive supratentorial
pathology. In the debate it was notable that some colleagues
talked about "consciousness" but without considering
its two components described physiopatologically by Plum and
Posner (22): the capacity ("arousal") and the content
of consciousness. For example, when Pallis had spoken in his
definition of human death (2, 3, 4), he had always talked about
"the irreversible loss of the capacity for
consciousness...". In PVS patients, the capacity for
consciousness was preserved (a predominantly brainstem function),
while the possibility of endowing the capacity with an affective
or cognitive content is lost.
The distinctions between "whole brain" and
"brainstem definitions" were, both philosophically and
in practice, of minor significance (2, 3, 4). There were
fundamental differences, however, between either of these two and
the various "higher brain" formulations currently being
proposed and discussed, mainly by philosophers (5, 6, 7). During
the past two decades a group of philosophers and physicians had
advocated replacing the "whole brain" criterion of
death with the "higher brain " concept of death.
"Higher brain" formulations proposed defining death as
"the loss of that which is significant to the nature of
man" (23). "Higher brain" constructionists held
that irreversible loss of perception, sentience and cognition
were necessary and sufficient for diagnosing death (5, 6, 7, 23).
Again, a confusion might arise, because patients fulfilling the
"higher brain" criteria of death might preserve the
capacity for consciousness, although all (or virtually all)
content might be lost. Using the "higher brain"
criterion, patients in the persistent vegetative state, others
with advanced forms of dementia, and anencephalic infants would
be classified as dead. (24). There were many obstacles that
rendered difficult the generalized acceptance of the "higher
brain" criterion of death in PVS patients (2, 3, 4, 11, 24):
it would imply a radical redefinition in the concept of death; it
was arbitrary to define the degree of hemispheric brain damage
necessary to diagnose death; there were no reliable criteria or
generally accepted confirmatory tests to confirm the diagnosis;
to assess prognosis (with an adequate degree of certainty)
required weeks or months of observation, and it was inherently
distasteful that that physicians should observe patients for many
months to confirm the diagnosis of death; practical problems
would arise concerning burial practices in "dead"
patients that still exhibit breathing, heart beat, gagging,
coughing, and sleep/wake cycles. In last years, it had become an
increasing acceptable practice to permit the termination of
medical treatments in such hopeless conditions such as PVS. A new
question, then would arise: was one considering the PVS patients
as "dead"? Or was one permitting them to
"die"? In fact, the philosophical discussion about the
concept of death was clearly not over.
Several authors defended the use of confirmatory tests (evoked
potentials, cerebral blood flow, etc.) for an early diagnosis of
BD. Others considered clinical examination sufficient for this
purpose. I considered that multi-modality evoked potentials and
electroretinography suitable procedures to test patients
suspected of being brain-dead (12-17). These techniques were
non-invasive, posed no risk to the patient and reliable
recordings were feasible in an Intensive Care Unit environment.
They provided an objective electrophysiological assessment of
brainstem and hemispheric functions Furthermore, these techniques
were highly resistant to any confusing factor (such as CNS
depressant drugs, hypothermia, anoxia, and so on). It was easy to
confirm that MEP and ERG were actually safe and rapid BD
confirmatory tests that could be performed at the patient's
bedside. Nonetheless, although the main reason behind the efforts
made elsewhere to develop a safe and early diagnosis of BD was
transplantology, I thinked that this was a matter of human
dignity.
When considering the legal considerations on BD, and related
states, most delegates endorsed the need to have laws that
protected physicians, nurses, etc., in the difficult process
brain death diagnosis and organ transplantation. Discussions also
took place concerning the increasing acceptable practice (in U.
S. A.) of permitting the termination of medical treatments
hopeless states states, such as the PVS.
All the theologians and religious people attending the
Symposium expressed their acceptance of the concept of brain
death and of organ transplantation. Different views (mainly
rejections) emerged from their comments concerning the acceptance
of "higher brain formulations of death". If one
accepted this concept of death future management of patients with
advanced forms of dementia would prove very difficult and
controversial.
PROPOSALS
One of the most important achievements of this Symposium was
the proposal to organize an international Group or Commission on
this field. The main objectives of this body could be: