The Willowbrook Consent Judgment: A Reflection of the History of Human Rights in Medical Research
Introduction
The Willowbrook Consent Judgment is a landmark ruling that has been instrumental in regulating the ethical standards of medical research. This case set a precedent for the protection of the rights of human subjects of medical research. It also made strides in terms of protecting the rights of disabled individuals, particularly those with intellectual and developmental disabilities. This article will discuss the history of the Willowbrook Consent Judgment, its implications, and its impact on medical research in the United States.
Background
The Willowbrook Consent Judgment was the result of a lawsuit filed in 1972 on behalf of the residents of the Willowbrook State School, located on Staten Island, New York. The lawsuit was filed in response to the unethical treatment of the residents of the school, which was primarily composed of children and adults with intellectual and developmental disabilities. Specifically, the plaintiffs alleged that the residents of the school were subjected to inhumane and unethical medical research. This included experiments involving the administration of live hepatitis virus and the intentional transmission of the virus from one study participant to another. In addition, the plaintiffs argued that the residents of the school were not given any informed consent before participating in the research.
The Willowbrook Consent Judgment
In 1973, the Willowbrook Consent Judgment was reached, ruling in favor of the plaintiffs. The judgment declared that the residents of the school were entitled to a range of rights, including the right to informed consent. In addition, the judgment declared that the school must be closed and that the residents must be moved to more appropriate settings. The judgment marked a major victory for the rights of disabled individuals and set a precedent for the protection of the rights of human subjects of medical research.
Impact
The Willowbrook Consent Judgment had a significant impact on medical research in the United States. The ruling set a precedent for the protection of the rights of human subjects of medical research, particularly those with intellectual and developmental disabilities. Following the decision, the federal government passed the National Research Act of 1974, which established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Commission was tasked with developing regulations to protect the rights of human subjects of medical research. These regulations, known as the Belmont Report, set out the ethical principles and guidelines that must be followed in medical research.
Conclusion
The Willowbrook Consent Judgment was a landmark ruling that set a precedent for the protection of the rights of human subjects of medical research. The ruling had a significant impact on medical research in the United States, leading to the development of the Belmont Report and the establishment of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Willowbrook Consent Judgment is an important reminder of the importance of protecting the rights of vulnerable individuals in medical research.
References
Klitzman, R., & Rothman, D. (1995). The Willowbrook Consent Judgment: Reflections on the history of human rights in medical research. American Journal of Public Health, 85(2), 206-211.
National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (1978). The Belmont report: Ethical principles and guidelines for the protection of human subjects of research. Retrieved from https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/index.html
Willowbrook State School. (2015). Willowbrook State School: A history. Retrieved from http://willowbrookstateschool.weebly.com/a-history.html