Informed Consent: A Monthly Review
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October 2022 :: Issue 46

This digest aggregates and distills key content addressing informed consent from a broad spectrum of peer-reviewed journals and grey literature, and from various practice domains and organization types including international agencies, INGOs, governments, academic and research institutions, consortiums and collaborations, foundations, and commercial organizations. We acknowledge that this scope yields an indicative and not an exhaustive digest product.

Informed Consent: A Monthly Review is a service of the Center for Informed Consent Integrity, a program of the GE2P2 Global Foundation. The Foundation is solely responsible for its content. Comments and suggestions should be directed to:

Editor
Paige Fitzsimmons, MA
Associate Director, Center for Informed Consent Integrity
GE2P2 Global Foundation
paige.fitzsimmons@ge2p2global.org
PDF Version: GE2P2 Global_Informed Consent – A Monthly Review_October 2022

Publication ethics: Patient consent for publishing case reports of adverse drug reactions is important yet absent from several recent manuscripts

Publication ethics: Patient consent for publishing case reports of adverse drug reactions is important yet absent from several recent manuscripts
A. Kumar
Ethics, Medicine and Public Health, October 2022; 24
Summary
Background
Case reports of adverse drug reactions (ADRs) constitute an important source of medication safety information. Detailed description of patients in such reports could potentially make subjects identifiable, thereby emphasizing the importance of consent for publication. The Committee on Publication Ethics and the International Committee of Medical Journal Editors recommend obtaining patient consent prior to publishing potentially identifiable patient information. However, this report shows absence of information regarding patient consent for publication from several recently-published ADR case reports.
Methodology
A sample of 100 most-recent ADR case reports with free full-text indexed in PubMed was qualitatively reviewed for information regarding publication consent and other ethical disclosures.
Results
Of the 100 most-recently-published ADR case reports, only 52 (52%) manuscripts clearly described obtaining patient consent for publication. Thirty-seven (37%) manuscripts made no mention of such consent or approval from an ethics committee. Eleven (11%) manuscripts contained ethical disclosures such as patient consent to undergo treatment and study approval from an institutional ethics committee, but without a clear statement regarding patient consent for publication.
Conclusion
A significant number of recently-published ADR case reports do not clearly describe if patient consent for publication was obtained. This could be attributable to various factors, including lack of clarity in journals’ guidelines regarding publication consent for case reports and dilemma regarding what constitutes identifiable patient information. This report calls for diligence of all stakeholders involved in medical manuscript publishing, viz. authors, manuscript reviewers, editors, and journal publishers to ensure that information regarding patient consent for publication is properly disclosed in ADR case reports.

Consensus on informed consent for participants in cancer clinical studies

Consensus on informed consent for participants in cancer clinical studies
Dawei Wu, Meimei Chen, Jing Liang, Shuang Li, Weijing Zhang, Yu Lei, Jing Ding, Yumeng Wang, Zhen Chen, Ning Li, Suxia Luo, Jie Li, Minghuang Hong, Zhao Yan
Asia-Pacific Journal of Oncology Nursing, 15 September 2022
Abstract
To fully protect the rights of participants in cancer clinical studies and clarify the key points for the ethics review of the content of informed consent forms and the process of collecting informed consent, the Medical Ethics Professional Committee of the China Anti-Cancer Association engaged in joint discussions with the ethics committees of well-known cancer hospitals in China to formulate this consensus, along with the attached general template for informed consent forms for cancer clinical studies. This work is expected to provide guidance and suggestions for the practice of the sponsors, researchers, and ethics committees.

Identification and Re-consent of Existing Cord Blood Donors for Creation of Induced Pluripotent Stem Cell Lines for Potential Clinical Applications

Identification and Re-consent of Existing Cord Blood Donors for Creation of Induced Pluripotent Stem Cell Lines for Potential Clinical Applications
Keren M Abberton, Tricia L McDonald, Mary Diviney, Rhonda Holdsworth, Stephen Leslie, Martin B Delatycki, Lin Liu, Guy Klamer, Phillip Johnson, Ngaire J Elwood
Stem Cells Translational Medicine, 8 September 2022
Abstract
We aim to create a bank of clinical grade cord blood-derived induced pluripotent stem cell lines in order to facilitate clinical research leading to the development of new cellular therapies. Here we present a clear pathway toward the creation of such a resource, within a strong quality framework, and with the appropriate regulatory, government and ethics approvals, along with a dynamic follow-up and re-consent process of cord blood donors from the public BMDI Cord Blood Bank. Interrogation of the cord blood bank inventory and next generation sequencing was used to identify and confirm 18 donors with suitable HLA homozygous haplotypes. Regulatory challenges that may affect global acceptance of the cell lines, along with the quality standards required to operate as part of a global network, are being met by working in collaboration with bodies such as the International Stem Cell Banking Initiative (ISCBI) and the Global Alliance for iPSC Therapies (GAiT). Ethics approval was granted by an Institutional Human Research Ethics Committee, and government approval has been obtained to use banked cord blood for this purpose. New issues of whole-genome sequencing and the relevant donor safeguards and protections were considered with input from clinical genetics services, including the rights and information flow to donors, and commercialization aspects. The success of these processes has confirmed feasibility and utility of using banked cord blood to produce clinical-grade iPSC lines for potential cellular therapies.

Editor’s note: BMDI Cord Blood Bank is one of three public cord blood banks in Australia, which form the AusCord network.

Informed Consent for Placebo-Controlled Trials: Do Ethics and Science Conflict?

Informed Consent for Placebo-Controlled Trials: Do Ethics and Science Conflict?
Hope A. Feldman, James A. Feldman, Charles C. Miller, Garrett Walsh, Jon E. Tyson
Ethics & Human Research, 1 September 2022
Abstract
The use of a placebo has been considered the best method for controlling bias in a prospective randomized clinical trial and provides the most rigorous test of treatment efficacy for evaluating a medical therapy. Placebos commonly produce clinically important effects particularly in studies where the primary outcomes are subjective. Yet the potential beneficial or harmful effects of placebos are often not addressed in designing a clinical trial, calculating the sample size, seeking consent, or interpreting clinical trial results. In this manuscript, we use an actual study to indicate three approaches that might be considered in seeking informed consent for placebo-controlled trials, and we explore the fundamental ethical and scientific complexities involved with each.

An Expanded Role for IRBs in the Oversight of Research Biopsies

An Expanded Role for IRBs in the Oversight of Research Biopsies
Laura A. Levit, Julie Kaneshiro, Jeffrey Peppercorn, Mark J. Ratain
Ethics & Human Research, 1 September 2022
Abstract
Research biopsies included in cancer clinical trials have the goal of advancing scientific understanding of the biological bases of cancer and its treatments, but may offer no prospect of direct benefit to participants and often pose more than minimal risk. The research community is examining the ethics of research biopsies increasingly often, especially when they are mandatory for study participation but do not support primary study objectives and thus are “nonintegral” to the study. Ethical concerns center on the limited scientific justification supporting some biopsies, risks to research participants, and the potential for coercion and therapeutic misconception during the informed consent process. There is also a lack of comprehensive oversight of research biopsies by regulatory agencies and institutions. This paper reviews these ethical concerns, discusses the scope of federal oversight, and suggests that institutional review boards (IRBs) should assume a larger role in ensuring the ethical conduct of research biopsies. It concludes with guidance to IRBs on how to weigh the risks, benefits, and acceptability of such biopsies in different contexts that is based on a framework the American Society of Clinical Oncology developed for the inclusion of research biopsies in oncology clinical trials.

Initial Steps in Creating a Patient-Centric Addendum to Clinical Trial Informed Consent Forms

Initial Steps in Creating a Patient-Centric Addendum to Clinical Trial Informed Consent Forms
King-Kallimanis, A. Ferris, L. Dropkin, M. Molina, L. Redway, U. Basu Roy
Journal of Thoracic Oncology, September 2022; 17(9) pp S71-S72
Abstract
Introduction
The purpose of the informed consent form (ICF) is to outline risks and benefits of an interventional clinical trial to a patient. In reality, most ICFs are written using scientific jargon, are long, and include extraneous information not pertinent to the patient (e.g., legalities of trial participation). Using lung cancer as a case study, we are conducting a multi-step project involving patients and caregivers, trialists, regulators, and clinical trial sponsors to streamline the informed consent process by creating a 1-2 page template addendum to the ICF summarizing key points relevant to patients.
Methods
Step 1 included an audit of 20 ICFs guided by 45 CFR 46, HHS regulations for the protection of human subjects in research, which requires the ICF to explain elements like which procedures are experimental. Step 2 included focus groups and in-depth interviews with patients with lung cancer (n=9) to learn what information was critical when considering a hypothetical ICF. In this abstract key, findings from steps 1/2 are summarized. Additional steps are planned to reach our final outcome.
Results
The 20 ICFs reviewed were from phases 1, 2, and 3, expanded access and single patient trials covering predominantly non-small cell lung cancer and 60% were global trials. Average length of the ICFs was 21 (range 15-34) pages and most required CFR topics were covered. “What would happen if the trial failed” was least often covered (14 of 20). Average reading level was 10th grade, whereas average US reading level is 8th grade. Readability varied by section, “the purpose of the study” section had the highest reading level (11.5). In the qualitative research component (step 2), all participants were “overwhelmed” by the hypothetical ICF. When asked the intent of the forms, one participant noted “to cover their butts”. The idea of an addendum that provides a summary with reference to page numbers in the ICF for more details was well received. Participants were asked to list information they wanted included in the addendum (table). Suggestions broadly map to HHS regulations.
Conclusions
While ICFs place greatest emphasis on trial procedures and risks, variations in ICF architecture and readability mean it is difficult for patients to make an informed decision to participate in a clinical trial. Our study implications extend beyond lung cancer, highlighting key areas for improvements to the ICFs and providing a clear roadmap for developing a patient-centric addendum for ICFs in all cancer clinical trials.

Web-Based Perspectives of Deemed Consent Organ Donation Legislation in Nova Scotia: Thematic Analysis of Commentary in Facebook Groups

Web-Based Perspectives of Deemed Consent Organ Donation Legislation in Nova Scotia: Thematic Analysis of Commentary in Facebook Groups
Alessandro R Marcon, Darren N Wagner, Carly Giles, Cynthia Isenor
JMIR Infodemiology, 14 September 2022; 2(2)
Abstract
Background
The Canadian province of Nova Scotia recently became the first jurisdiction in North America to implement deemed consent organ donation legislation. Changing the consent models constituted one aspect of a larger provincial program to increase organ and tissue donation and transplantation rates. Deemed consent legislation can be controversial among the public, and public participation is integral to the successful implementation of the program.
Objective
Social media constitutes key spaces where people express opinions and discuss topics, and social media discourse can influence public perceptions. This project aimed to examine how the public in Nova Scotia responded to legislative changes in Facebook groups.
Methods
Using Facebook’s search engine, we searched for posts in public Facebook groups using the terms “deemed consent,” “presumed consent,” “opt out,” or “organ donation” and “Nova Scotia,” appearing from January 1, 2020, to May 1, 2021. The finalized data set included 2337 comments on 26 relevant posts in 12 different public Nova Scotia–based Facebook groups. We conducted thematic and content analyses of the comments to determine how the public responded to the legislative changes and how the participants interacted with one another in the discussions.
Results
Our thematic analysis revealed principal themes that supported and critiqued the legislation, raised specific issues, and reflected on the topic from a neutral perspective. Subthemes showed individuals presenting perspectives through a variety of themes, including compassion, anger, frustration, mistrust, and a range of argumentative tactics. The comments included personal narratives, beliefs about the government, altruism, autonomy, misinformation, and reflections on religion and death. Content analysis revealed that Facebook users reacted to popular comments with “likes” more than other reactions. Comments with the most reactions included both negative and positive perspectives about the legislation. Personal donation and transplantation success stories, as well as attempts to correct misinformation, were some of the most “liked” positive comments.
Conclusions
The findings provide key insights into perspectives of individuals from Nova Scotia on deemed consent legislation, as well as organ donation and transplantation broadly. The insights derived from this analysis can contribute to public understanding, policy creation, and public outreach efforts that might occur in other jurisdictions considering the enactment of similar legislation.

Editor’s note: JMIR Infodemiology focuses on determinants and distribution of health information and misinformation on the internet, and its effect on public and individual health.

Your Consent Is Worth 75 Euros A Year – Measurement and Lawfulness of Cookie Paywalls

Your Consent Is Worth 75 Euros A Year – Measurement and Lawfulness of Cookie Paywalls
Conference Paper
Victor Morel, Cristiana Santos, Yvonne Lintao, Soheil Human
Workshop on Privacy in the Electronic Society [Los Angeles, USA], 7 November 2022
Open Access
Abstract
Most websites offer their content for free, though this gratuity often comes with a counterpart: personal data is collected to finance these websites by resorting, mostly, to tracking and thus targeted advertising. Cookie walls and paywalls, used to retrieve consent, recently generated interest from EU DPAs and seemed to have grown in popularity. However, they have been overlooked by scholars. We present in this paper 1) the results of an exploratory study conducted on 2800 Central European websites to measure the presence and practices of cookie paywalls, and 2) a framing of their lawfulness amidst the variety of legal decisions and guidelines.

Data Medicine: ‘Broad’ or ‘Dynamic’ Consent?

Data Medicine: ‘Broad’ or ‘Dynamic’ Consent?
Journal Article
Henri-Corto Stoeklé, Elisabeth Hulier-Ammar, Christian Hervé
Public Health Ethics, 2 September 2022
Abstract
The General Data Protection Regulation imposes, at European level, a need to seek express or explicit consent for the processing of health data. In the framework of biomedical research, some favor the use of express ‘broad’ consent, whereas other maintain, or wish to maintain the use of presumed or implicit consent, often referred to as ‘non-opposition’ in conditions in which such consent is still authorized. In our view, broad consent and presumed consent are likely to prove to be easy solutions in the short term but much less relevant in the long term, for both hospital and patients, if the bioethical objective remains the improvement of patient quality of life and/or survival, regardless of the disease considered. Dynamic consent could be the best way to achieve this objective because only this type of consent could improve hospital transparency and increase patient confidence by allaying certain fears.