The Ethical Virtues of a Futures Market in Cadaveric Organs

Abstract

Over the last 35 years, we have witnessed extraordinary developments in transplant surgery. But in the wake of this medical miracle has come a tragic and growing shortage in the supply of transplant organs, and an ever wider recognition of that shortage. Numerous solutions have been offered, and some adopted, including advertising campaigns presumed consent, and required request. Although some increase in organ procurement has resulted, the essential problem remains, that is, the vast majority of organs that would be suitable for transplantation are not harvested. Indeed, the problem has become more severe, for with the progress in transplant techniques, principally the development of immunosuppressant drugs, the number of people who now die and suffer for want of viable organs that are instead buried and burned is growing apace.

Funding for this article was provided by the Marshall Ewell Research Fund at IIT Chicago-Kent College of Law.