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Health Policy 104 (2012) 296–303

Contents lists available at SciVerse ScienceDirect

Health Policy
journal homepage: www.elsevier.com/locate/healthpol

Giving to receive? The right to donate in umbilical cord blood banking


for stem cell therapies
Laura L. Machin a,∗ , Nik Brown b , Danae McLeod b
a
Division of Medicine, School of Health and Medicine, Lancaster University, Lancaster LA1 4YB, United Kingdom
b
Science and Technology Studies Unit, University of York, York YO10 5DD, United Kingdom

a r t i c l e i n f o a b s t r a c t

Article history: Objectives: To explore the views of lay and professional stakeholders about the donation of
Received 28 June 2011 cord blood to public banks in England and the policies surrounding it.
Received in revised form Methods: Qualitative in-depth interviews were undertaken between April 2009 and August
23 November 2011
2010 with 62 participants based in England who play a key role in cord blood banking
Accepted 26 November 2011
and therapy. All interviews were recorded, transcribed in full, and coded and analysed
thematically.
Keywords:
Cord blood
Results: Participants claimed pregnant women had a right to know of the value of cord blood.
Cord blood banking This highlighted the flaws of the existing donation infrastructure, which was portrayed as
Donation playing a significant role in determining public health. Participants called for a right to
Rights donate cord blood to readdress the inequity in healthcare services for pregnant women
and transplant recipients. Donors maintained a sense of right over their donation when
they discussed cord blood donation as potentially benefiting their family as well as society.
Conclusion: In order to keep receiving donated body parts, tissue and blood, there is a need to
take into account the way in which donation operates within a prevalent ‘rights’ discourse.

© 2011 Elsevier Ireland Ltd. All rights reserved.

1. Introduction such as leukaemia, sickle cell anaemia and thalassaemia.


Cord blood can also be stored in commercial banks whereby
In recent years there has been increased political and family members can opt to pay for it to be collected and
social interest in cord blood banking, with some coun- stored for the sole future use of their family, something
tries announcing their first public cord blood bank, such as that France has recently prohibited [4,5] claiming they
Canada [1] or other countries developing a national strat- “take away a valuable resource from the public banks,
egy for cord blood donation and transplant, as in the UK undermines solidarity and risks exploitation of parents at
[2,3]. Donation to public banks is possible when a woman a vulnerable time” [4, p. 175].
agrees to have the blood collected from the umbilical cord In relation to other countries, the UK offers a unique
after her baby has been born. The stored cord blood in pub- case in terms of models for collecting and banking cord
lic banks can be used instead of bone marrow in stem cell blood. Commercial banking is permitted within some NHS
transplants worldwide to treat those with blood disorders, hospitals [6] despite reservations from the Royal Colleges
[7,8] over the therapeutic value of cord blood stored solely
for family use [9]. Until recently, the UK had two public cord
∗ Corresponding author. Tel.: +44 01524 594 973; fax: +440 1524 593 blood banks, one funded by the NHS and the other funded
747. by the Charity, the Anthony Nolan Trust. In Summer 2011, it
E-mail addresses: l.machin@lancaster.ac.uk (L.L. Machin), was decided that the efforts of both public banks would be
Nik.Brown@york.ac.uk (N. Brown), Danae.mcleod@york.ac.uk
(D. McLeod).

0168-8510/$ – see front matter © 2011 Elsevier Ireland Ltd. All rights reserved.
doi:10.1016/j.healthpol.2011.11.011
L.L. Machin et al. / Health Policy 104 (2012) 296–303 297

combined and the Trust would be the main point of contact Europe [19,20], therefore drawing attention to the needs of
for requests for cord blood units [10]. those donating.
Currently, the UK public cord blood bank contains Previous studies have explored a variety of incentives
approximately 15,500 units. Recent figures suggest that to encourage the donation of body parts, tissue and blood,
the UK public collection has been relatively small com- which have been based upon reciprocity, whereby the
pared to other countries, such as Germany, Australia and donation is mutually beneficial to the donor and recipient,
Italy [11], particularly when factoring in that not all cord such as egg sharing programmes [21]. In Autumn 2011, the
blood collected meets the standard required to be used in Nuffield Council of Bioethics discussed the use of limited
transplants and therefore is not banked. Prominent mem- NHS resources to pay the funeral costs of organ donors [22].
bers of the cord blood banking community have argued Others have considered the donor benefiting from their
that in order to provide cord blood units for transplanta- donation in some way, for example people registered as
tion for approximately 95–98% of the UK population, the donors in the Netherlands are considered a priority if they
bank needs to contain 50,000 units [12]. In their recom- require a donated organ in the future [23]. Many studies
mendations at the end of 2010, the expert forum agreed have explored the low donation rate in Singapore and the
that cord blood collection should be increased so the pub- various ‘incentives’ considered, such as presumed consent
lic bank contains approximately 50,000 units by 2018, of for deceased donation [24], those who opt out of deceased
which between 30% and 50% of these units should be from donation are considered a lower priority if requiring an
Black and Minority Ethnic (BME) donors by 2018 [13]. organ themselves [25], and donors receiving financial pay-
BME groups are found to have a higher propensity for ment for their organs [26] suggesting the moral saying of
sickle cell anaemia and thalassaemia [14–16], but are cur- not “giving to receive”, may well be outdated.
rently under-represented on the bone marrow registry. Whilst some commentators have argued in favour of
This has influenced the location of the eight collection sites rewarding donors [27], recent studies with donors of var-
for the UK public cord blood bank, which are in areas – ious body parts suggest that how the donations are used
mainly London-based – known to have high ethnic diver- can also play a significant role in motivating donors [28].
sity. As a result, 40% of all banked cord blood units are So much so, donors are increasingly making claims over
currently from BME donors [13]. Collection is conducted by how their donation is used, such as directing who receives
dedicated donor co-ordinators and cord blood is only col- their donation according to the recipients’ ethnicity, sex-
lected during the co-ordinators’ hours of work, although ual practices, marital status, or religion [29,30] suggesting
the Anthony Nolan Trust has expressed their wish to offer donors continue to have a sense of right over their donation
collection ‘round-the-clock’, which would enable an addi- [31].
tional 2000 cord blood units to be banked a year [10]. Donors’ requests regarding their donation could be an
Pregnant women therefore are only able to donate cord attempt to draw attention to and redress the balance of
blood to the public banks if they live within the areas of existing policies surrounding the donation of blood prod-
collection and give birth during the hours of collection. ucts and body parts, which have been thought to favour the
Recent studies have shown that pregnant women would needs of transplant patients over those of donors [32–34].
prefer to donate cord blood where possible [17], which is This has been most apparent in the calls for gay men to
reflected in the UK expert forum’s acknowledgement of have the right to be able to donate their blood, and more
the need to manage the expectations of those wanting to recently, for pregnant women who have had sexual inter-
donate cord blood, but may be unable to, and ensuring cost course with a gay man to be able to donate their cord
efficiency in public banking. blood. Frith [35] makes the distinction between legal and
The cord blood donation infrastructure and potential moral rights in the context of the donation of body parts,
donors’ wishes to donate are explored in this paper to argue which highlights the moral authority embedded in such
that the calls for a right to donate cord blood found in this ‘rights’ discourse. Understanding rights in this way chal-
study are attempts to draw attention to, and redress, the lenges previous portrayals of donors as a “means to an end”
inequity in healthcare services for pregnant women and [34], who simply require a safe and efficient service. In fact,
transplant recipients. The authors conclude that in order to Warnock [36] concludes that claims to rights are actually
keep receiving donated body parts, tissue and blood, there requests for people’s needs to be met, which are currently
is a need to take into account the way in which donation being overlooked. She argues that these needs are likely
operates within a prevalent ‘rights’ discourse. to change over time and the claims increase in frequency,
as the emerging rights discourse surrounding cord blood
found in this study demonstrates.
1.1. Donation in context
2. Methods
Currently, the donation of body parts, tissue and blood
in the UK operates within the framework of anonymous 2.1. Study background
altruistic gift giving. The system relies on donors providing
their body parts, tissue or blood freely, giving up control This paper is the result of a two-year project, funded
over how the donation is, or is not, used. The reported low by the Economic and Social Research Council to explore
organ and blood donation rates would suggest that altruism the political and moral economy of cord blood banking
has been in decline over recent decades [18] with the UK in the UK. The project was made up of three overlap-
thought to have one of the lowest organ donation rates in ping work packages, which broadly considered the policy
298 L.L. Machin et al. / Health Policy 104 (2012) 296–303

Table 1
Participant groupings and interviewed.

Participant groups Participants interviewed Number of participants interviewed

Regulating and making policy Members of Parliament, regulatory bodies, civil 4


servants
Collecting cord blood Donor co-ordinators, phlebotomists 3
Donors and depositors People donating to public banks, people paying to 10
store cord blood in commercial banks for their own or
familial use
Representing interest groups Senior representatives for public interest groups 8
relating to diseases that can be treated by cord blood
transplants, senior representatives for interest groups
promoting public cord blood collection
Using cord blood in research Directors of stem cell laboratories, stem cell scientists 4
Maternal and fetal care Senior midwives, midwives, obstetricians, 18
neonatologists
Working in the banking sector Directors of public cord blood banks, Directors of 12
commercial cord blood banks, Directors of cord blood
storage companies
Representing professional groups Senior members of Royal Colleges 3

and practices surrounding cord blood banking, and key 2.4. Recruitment
stakeholders’ demand for, and expectations of, cord blood
banking. A particular aim of the project was to explore how Donors and depositors were recruited through advertis-
those involved in the collection, donation and banking of ing on local and national websites and in parent and baby
cord blood portrayed the act and purposes of the donation, magazines and with the assistance of cord blood banks.
the cord blood itself, and the public banks and subsequent Attendance at conferences, workshops and meetings on
access to them. cord blood collection, banking and transplantation were
also useful in selecting and recruiting additional partici-
2.2. Sampling pants to those already identified. Sixty-eight participants
were approached and, after a further or telephone call, six
A wide range of ‘relevant social groups’ [37] were iden- declined to take part either through non-response or time
tified. These ‘groups’ were deemed relevant after reviewing commitments.
the literature, due to their role in shaping the develop-
ment of cord blood banking. Key stakeholders were then 2.5. Data collection
identified from these ‘groups’ according to their histori-
cal or present prominent role in cord blood collection and A total of 62 interviews were conducted between April
banking. Some additional groups also became aware of the 2009 and August 2010 (see Table 1). Semi-structured inter-
project through marketing material and approached the views were conducted as they allowed the participant and
research team due to their specific interest in, or expe- the interviewer the freedom and flexibility to follow up
rience of, cord blood. Such groups, including a group of topics that might not initially have been on the inter-
independent midwives based in the North of England, view guide (see Table 2), as well as providing rich and
were also followed up in efforts to gather a comprehen- in depth data [38,39]. Participants read and signed a con-
sive understanding of cord blood within the given time sent form, and were told that they could withdraw their
and financial limits. Participants were also asked for sug- consent at any point throughout the interview and that it
gestions regarding additional participants, which proved was completely confidential and anonymous. Only mini-
highly effective in terms of recruiting midwives, obstetri- mal identifying details of participants have been referred
cians and senior members of the cord blood banks. The to in this paper to allow for the data to be read in its wider
sampling was deemed complete once repetition was found context. Participants are identified in the text by a code
in the data being collected and no new names of potential that refers to their role or position and the number of the
participants or suggested groups were being provided by transcript.
participants to the research team.
2.6. Data analysis
2.3. Ethical approval
The interviews lasted between 1 and 2 h, were recorded,
Ethical approval was granted by the University of York transcribed in full and coded for themes using the quali-
Humanities and Social Science Ethics Committee and the tative data package, Atlas ti. The analysis was an iterative
NHS National Research Ethics Committee. The individ- process. The codes initially derived from the research ques-
ual requirements were met for ethical clearance at nine tions and were based upon very broad themes, such as
NHS hospitals in England. The hospitals varied accord- ‘portrayal of cord blood banks’ and ‘portrayal of cord blood’
ing to whether the maternity units were midwifery-led or (see Diagram 1). New codes emerged with each reading
obstetric-led, and their policies on cord blood collection for of the transcript, such as ‘portrayal of donors’ or existing
public and commercial cord blood banks. codes became more refined, such as ‘portrayal of public
L.L. Machin et al. / Health Policy 104 (2012) 296–303 299

An example of refining
themes

Portrayal of cord blood banks

Portrayal of public cord blood Portrayal of commercial cord


banks blood banks

For family storage? An alternave to public cord


blood banks?

“…if my children needed it that either “I would prefer that we have access to a
nobody else would have matched their private bank rather than try and rely on
ssue type and it would sll be there for public at the me should we need it,
them to use…” heaven forbid”

An alternave to commercial cord


blood banks?

“If it wasn’t that expensive…maybe a


couple of hundred pounds then it might
have been something that was sll on the
table”

Diagram 1. Decision tree to visually illustrate coding of data.

banks’ and ‘women’s rights’. Importantly, any “unexpected for their own family but particularly to others. . .So,
issues” [40] that emerged during the reading of the data yeah, I think there is a right to know. (P-M 07)
were also acknowledged, which resulted in further refine-
A similar position was adopted by members of the
ment of the codes. A number of approaches were adopted to
commercial banking sector who each discussed pregnant
ensure the quality of the data analysis. The interviews were
women’s right to know about the value of cord blood within
conducted over a period of time, thereby allowing for initial
a legal context. Two cord blood collectors for commercial
observations to be confirmed and emerging analytical find-
banks and a director of a commercial bank discussed how
ings to be tested. Furthermore, members of the research
there was a need for obstetricians and midwives to discuss
team read the transcripts, assisted with the coding of the
cord blood banking with pregnant women in order to avoid
data and discussed the resulting analytical summaries.
any future litigation charges against them,
. . .there’s a big issue about patient rights here. . .[if]
the kid gets leukaemia and could have been treated
3. Results
with cord blood, [t]hey’re going to come back to the
obstetrician and say why didn’t you tell me about that?
3.1. A right to know about cord blood?
(Com-bank 03)
All participants were aware of the potential value By discussing every pregnant woman’s right to know of
of cord blood for transplantation. However, participants’ the value of cord blood it enabled both the policy maker and
responses varied when asked if every pregnant woman those within the commercial banking sector to indirectly
should be made aware of the value of cord blood and draw attention to the flaws in the current donation infras-
donation to the public bank. A senior policy maker was par- tructure. In both quotes the pregnant woman’s family’s
ticularly keen to raise awareness of the value of cord blood, health was referred to, and depicted as being in jeop-
claiming ardy due to the infrastructure. Therefore the participants
implied that the infrastructure played a significant role
. . .I want everyone to be informed. It doesn’t mean that
in determining public health, a notion also presented by
everyone is going to be able to or want to but they should
midwives and representatives of genetic interest groups
know that the cord blood, which is going to be thrown
when discussing a right to donate.
away, that that has a value and that has a value maybe
300 L.L. Machin et al. / Health Policy 104 (2012) 296–303

Table 2 . . .the first time I wanted it [name of daughter] was born


Example questions from the interview guide relating to the aims of the
on a Saturday and it was: “we don’t collect on the week-
research project.
ends” so it didn’t happen. Pathetic!. . .my son was born
Research aims Interview guide – example at 10 to 2 or 10 to 3 on a Monday morning, which is
questions essentially still the weekend, yet they still managed to
To explore the cord Can you explain your role in the collect it. So it’s obviously just the fact that they haven’t
blood banking sector cord blood banking process? got the staff. . .It’s ridiculous. Because I think it should
Do you think attitudes towards
be done as a matter of process. . . (Donor 01)
cord blood banking has altered
over the years? On one level, the basis for the demand found in the data
Is cord blood the future for stem
cell research and/or transplants?
appeared to be attempts to redress the inequity in health-
To explore the policy Is there enough regulation care services. Yet, the donors’ negative reference to the lack
and practice around the cord blood banking of collection at weekends suggested that participants per-
implications arising industry? ceived the current cord blood infrastructure as poor as it did
from the
not reflect the therapeutic value of cord blood. In essence,
introduction of cord
blood banks if cord blood had life-saving potential, why is more not
What implications could arise being collected? This was apparent when a representative
from the current drive of the of a genetic interest group described her members as being
public cord blood banks to amongst those most deprived within society in terms of
increase recruitment from
healthcare. For this participant, cord blood held great future
members of the Black and Ethnic
Minority groups? potential for her members who had illnesses that could
Do you believe having cord blood be treated through cord blood transplants, therefore she
collected is an extension of claimed that its collection should be universal regardless
consumers’ rights or be
of the financial implications,
associated with reproductive
rights? . . .the communities that we deal with are from some
To explore the views of How did you first hear about cord
of the most disadvantaged in society. They have poor
parents and those blood banking?
using the cord blood access to health overall. . .I think cord blood storage is
banks something that is very valuable. Who knows what uses
Was your choice of hospital we could have for it in the future. . .I would definitely
influenced in any way by your state it should be offered universally. (GIG 39)
decision to bank cord blood?
Do you think all women should Whilst the lack of infrastructure for cord blood to be col-
be given the option of donating
lected widely was discussed in relation to pregnant women
cord blood to public banks?
and transplant recipients being disadvantaged by the cur-
rent healthcare system, potential donors also considered
3.2. A right to donate cord blood? their own family’s health being neglected in some way if
unable to donate to the public bank.
Both those who had and had not been able to donate
cord blood implied a need for cord blood donation to
be made available to every pregnant woman, in order to
meet the demand for it. For midwives, current policies and 3.3. A right over the donated cord blood?
practices of cord blood collection were a source of dis-
crimination between those women who had had the cord A number of donors described how their donation to the
blood collected and donated and those who had not, as a public bank could prove beneficial if a member of their fam-
senior midwife argued when discussing whether midwives ily became ill in the future, “. . .if my children needed it that
should collect cord blood for banks, either nobody else would have matched their tissue type
and it would still be there for them to use. . .” (Donor 01).
. . .why should a select band of people be entitled to it?. . . Therefore donors, along with some members of the cord
the general public of women who are having babies blood banking sector, viewed the public bank as a source of
have to have access to the same things, the same ben- ‘personal’ storage for those who had donated to it, “The way
efits that those women who can pay to have their cord I see it is if you’re on the NHS register and they need to do a
blood. . .let’s have a national cord blood bank that all match if I’d donated, mine will be on there, so I should come
women will donate to altruistically and any child who up” (Donor 03). Similarly, a senior policy maker explained
needs stem cell transplant will have access to it. . . (Mid- how there was a need to manage pregnant women’s expec-
wife 10) tations of the purpose of the public bank when they found
Pregnant women who had agreed to donate cord blood out it was not possible to donate,
when their child was born, expressed frustration when the A lot of the expectation came from parents, especially
timing of the delivery of their babies had not coincided first time parents, about what the potential was around
with the working hours of the staff employed to collect it. A the use of their baby’s cord blood in the future for their
donor who had given birth to her two children at the same child. . .If they couldn’t have their child’s cord blood
hospital explained, collected then their child would be at some sort of
L.L. Machin et al. / Health Policy 104 (2012) 296–303 301

disadvantage or maybe susceptible to a debilitating dis- is that donors actively engage with the donation process
ease which they could have prevented. (P-M 13) rather than playing a passive role. They consider what is
being donated, how their donation relates to their relation-
From these quotes, it is possible to infer that donors had
ships with their significant others, and what it means for wider
continued a sense of right over their donation to the public
society. Donors, and other participants, accepted the ther-
bank, albeit due to the immunological compatibility of the
apeutic value of cord blood and therefore perceived the
cord blood for themselves and their family. This portrayal
infrastructure around cord blood collection as lacking.
of the public bank was also reflected in the decision-making
Findings from this study support Waldby’s [31] claims
of pregnant women over the storage arrangements of the
of donors maintaining a sense of right over their dona-
cord blood.
tion as donors and those in favour of universal collection
Depending upon whether women had chosen to store
appeared to do so, albeit on very practical terms. It was
in public or commercial banks, the financial costs associ-
apparent that they perceived their donated cord blood as
ated with collection and storage of cord blood or having
being more immunologically compatible for their family
guaranteed access to the blood were emphasised. The
members compared to other donated cord blood samples
‘unreliability’ around gaining access to their donated cord
available in the public bank. Put simply, they believed their
blood if needed, was put forward by members of the com-
sample to be best suited for their family’s health needs
mercial banking sector and depositors as reason for paying
and therefore unlikely to be used by other members of
to store with a commercial bank, as a depositor explained,
society. By default, the cord blood sample would be avail-
“I would prefer that we have access to a private bank
able for themselves in the future if required. This was
rather than try and rely on public at the time should we
supported when those who had donated cord blood dis-
need it, heaven forbid” (Depositor 01). Whilst two donors
cussed paying to store their cord blood in commercial banks
explained that they decided to store the cord blood in the
to guarantee access to their cord blood, but the financial
public bank as it was “a free alternative” (Donor 05) to
implications of this decision restricted them from doing
commercial banks, which they each considered too expen-
so. That said, donors in this study did place emphasis upon
sive, “I heard about the private banks. . .it makes sense but
wishing to help society and expressed frustration when
probably this is quite expensive” (Donor 03). Their deci-
unable to do so. The perception of the public bank as offer-
sion to donate was less about disagreeing with the purpose
ing ‘personal’ storage was portrayed as a consequence of
of commercial banks, but was camped within the finan-
the donation. Alternatively, it is possible that those who
cial aspects of collection and storage, “If it wasn’t that
felt discriminated against by not being able to donate and
expensive. . .maybe a couple of hundred pounds then it
called for universal collection, might have been motivated
might have been something that was still on the table”
by what could be benefited for themselves and their family
(Donor 05).
by donating to the public bank.
For donors and those in favour of increasing cord blood
Throughout the data, a moral undertone to the discus-
banking, it appeared from the data, that the public bank
sions around the donation and potential future use of cord
was viewed as offering personal storage to donors as well
blood was apparent. In particular, donors made reference
as helping society. Donation to the public bank was in effect
to the cord blood sample being available for their children
mutually beneficial: it enabled the cord blood to be there
or family if they ever needed it, and therefore had acted in
for donors’ family’s future use in the unlikely event it was
the best interests of their children. Conversely, those who
required, and in the meantime, available to those who were
were unable to donate cord blood at all or for all of their
immunologically compatible and required a transplant.
children, implied that their children were being denied the
health benefits associated with cord blood and the calls to
4. Discussion donate cord blood universally was a reaction to this. Sim-
ilar to Frith’s [35] observations when exploring the right
Discussion around a right to donate is not new. There of donor-conceived people to know of their origins and
have been calls for a clear framework around what body donors, a moral authority was apparent in the rights dis-
parts, tissue and blood may be covered by a possible right course found in this study.
to donate in light of the increasing attention being drawn As Warnock [36] states, ‘rights’ are merely requests from
to those segments of society who claim discrimination at people wishing for their needs to be met. In the case of cord
being unable to donate [32–34]. In support of this has blood, it is the potential future health needs of donors, their
been the rhetorical question regarding for whom these ser- children and their family. Potential transplant recipients
vices are intended – recipients or donors of the donated were also portrayed as not having their health needs met
body parts or tissue. It is perhaps as a consequence of when a genetic interest group representative portrayed her
the focus of this study being on cord blood banking that members as being deprived the health benefits that could
the demands of both donors and recipients have been dis- arise from universal cord blood collection. The potentiality
cussed by participants. Whilst the safety concerns of the surrounding such stem cell therapies as cord blood trans-
blood being donated are of considerable importance, what plants means that societal expectations can be high, with
these statements do is prioritise the recipient above the no one wishing to miss out on any possible future benefits.
donor. Franklin [34] and Annas [33] have proposed that So, what does this rights discourse around donation
whilst donors are a “means to an end”, there is a need to mean for how ‘donation’ is understood? Currently, dona-
ensure “a good service” is offered to donors. However, what tion in UK means that a body part, tissue or blood is given
this study has shown, as have others elsewhere [28,41], with the donor renouncing any authority, whether legal or
302 L.L. Machin et al. / Health Policy 104 (2012) 296–303

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