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Friday, August 19, 2005

Anencephaly and right-wing moralizers

neurulation

There's an important phenomenon in development called neurulation. This is a process that starts with a flat sheet of ectodermal cells, folds them into a tube, and creates our dorsal nervous system. Here's a simple cross-section of the process in a salamander, but in general outline we humans do pretty much the same thing. Cells move up and inward, and then zipper together along the length of the animal to produce a closed tube.

It's a seemingly simple event with a great deal of underlying complexity. It requires coordinated changes in the shape of ectodermal cells to drive the changes in tissue shape, and invisible in simple diagrams to the right are all the inductive interactions going on that trigger the differentiation of the tube into a nervous system.

This is also a relatively early event in humans. It begins about 18 days after fertilization, with a thickening of the ectoderm to form the initial sheet, called the neural plate. By day 19, the edges of the plate thicken and rise, and the whole thing folds at the midline and looks something like an open hot dog bun. The photo below is of a pair of 20 day old human embryos; the midline seam is open and clearly visible.

neurulation
neurulation

By day 23, the edges have all fused together along the length of the embryo, leaving openings call neuropores at the rostral and caudal ends; the picture to the left is of a 23 day old human embryo, looking at its head end, and you can see right into its prospective brain. By days 26-28, both neuropores will close.

This is a crucial event that occurs very early, in the first month, of a pregnancy. What happens if the zipper gets stuck, and the tube fails to close completely?

It happens, and unfortunately it happens fairly frequently. About 0.1% of births in America have a serious neural tube defect caused by a stuck neural tube zipper.

The outcome is myelomeningocele—portions of the neural tube are left exposed, fail to develop properly, and are damaged and degenerate. It's variable in its consequences; when the posterior neuropore fails to close completely, it can result in nearly undetectable defects in the caudal spine to lower body paralysis and perturbations of cerebrospinal fluid flow that if untreated, can lead to hydrocephalus and severe brain damage.

Failure of the anterior neuropore to close is even more serious. The brain fails to form. This condition is called anencephaly, and it is untreatable and lethal. If they aren't dead at birth, they might last a few days before succumbing. They have no brain. At best, they have a mass of dying, relatively undifferentiated neural tissue smeared across the floor of their incompletely formed skulls. They can't think, they can't feel, they can't respond. The real tragedy is that development can proceed surprisingly far without a brain, and these fetuses are recognizably human (here is a photo for the strong of stomach), and they can be carried fully to term.

I can't imagine a clearer case to illustrate that humanity involves more than just the fusion of two gametes. We aren't defined by our complement of genes or a single instant of genetic combination, but are the result of many genetic and epigenetic processes working progressively through embryogenesis to assemble a functioning human being. When moral absolutists try to apply simple-minded, black-and-white reasoning to a complex situation (and defining a human being is certainly a complex problem), you get criminal travesties like this one:

A sailor's wife was pregnant with an anencephalic child, whose probability of surviving or of ever being conscious was zero. She, reasonably, wanted an abortion.

But the Congress had decided -- that no federal funds should be used to pay for abortions except where the life of the mother was at stake. As a result, Tricare (formerly CHAMPUS) the agency that covers military families, refused to pay the $3000 the abortion would cost.

The family sued, and a federal court ordered Tricare to pay, and the abortion went forward.

Then the Justice Department (with John Ashcroft as Attorney General) sued the family to recover the $3000, out of the sailor's pay of less than $20,000 a year.

The Justice Department just won. A panel of the Ninth Circuit ruled that, under a 1980 Supreme Court precedent upholding the Hyde Amendment -- a parallel provision to the one in question, but applying to Medicaid recipients rather than to military families -- the law was valid and the government didn't have to pay for the abortion. Consequently, the family has to pay the money back.

Our guardians of purity have magnified the pain of this family and willfully and vindictively punished them for the 'crime' of a biological imperfection. I call that evil, pure and simple. There should have been no question in this case that an abortion was necessary.

There are much more difficult cases. What if the fetus was diagnosed with 'merely' a case of myelomeningocele that meant it would be paralyzed, require extensive surgeries, and would be a crippling financial burden? The average cost per year of maintaining a child with myelomeningocele is approximately $70,000, and that drain never ends. People with severe spina bifida can be intellectually and socially capable, fully human, but a young family with limited resources ought to have the privilege of making a choice about whether to shoulder the responsibility before the fetus has acquired those mental capacities. I presume we now have a government that will force families to take on that burden, but will refuse to pay any part of the price.


Cohen MM (2002) Malformations of the craniofacial region: Evolutionary, embryonic, genetic, and clinical perspectives. American Journal of Medical Genetics 115(4):245-268.


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Comments:
#36437: — 08/19  at  11:21 AM
The cruelty isn't that the court found for the Government; that was pretty inevitable, given the law. The cruelty lay in the Government's brutal insistence that it be repaid for the money it had already paid out. That was optional; it didn't have to appeal.



#36438: — 08/19  at  11:25 AM
Urrrrr. D'ya think the Ashcroftians might be morally anencephalic?



#36440: notheory — 08/19  at  11:53 AM
Politics aside for the moment, i find tissue and protien folding fascinating. I will admit however that i'm entirely out of my element in discussing it. Steven Wolfram, as big of a bastard as he is, had some interesting comments to make on the similarity between the folding structure of things like leaves which can be simply attributed to the fashion in which cells replicate on a surface in A New Kind of Science. I'm sure there are people who are more informed to who can speak to the issue though smile

Do we have any inkling as to what the precursors are to failures of tube zipping?

In conclusion, David Horowitz is an intellectual pygmy.



#36441: Socar — 08/19  at  11:55 AM
So much for the law existing to protect the people, eh? What a disgrace. This is an embarrassment to humanity.



's avatar #36443: LochNess — 08/19  at  12:03 PM
Marge: I thought you said, "The law was powerless."
Chief Wiggum: Yeah. Powerless to help you, not punish you.

That's the way this administration works.



#36445: — 08/19  at  12:25 PM
My father actually represented the government in the SC case over the Hyde amendment. As he put it, "it was a dumb law, but unfortunately it was also fully Constitutional." Incidentally, the Ninth Circuit may have misread this ruling. The Court ruling in the Hyde case was merely that the government was not required to pay for an abortion, that refusal to cover abortions under Medicaid was not a violation of Roe. All this means is that the law in question here is not unconstitutional. That still begs the question regarding whether Tricare is required under its own rules to pay for this procedure.

But more importantly, this is a really dumb case. I'm surprised that Tricare is suing. It's obviously not the money, since their legal team probably costs as much per day as the actual abortion procedure did. If they want to find a good test case, this clearly isn't it. You have a fetus with less brain activity than Terry Schiavo, which has zero chance of being alive. This is basically the classic case for abortion in a non-life threatening situation. Why on Earth would the government want to use this case as a test case?



#36453: — 08/19  at  01:28 PM
Cruel burden, eh?

$70,000 a year,eh?

Speaking of cutoffs, what's yours? $50,000?

$25,000?

Should society (through government or otherwise) help such families? Of course. And it does.

But the argument that some people are too costly to bother with is a slippery slope disaster and might come back to affect you personally, near the end of your life, despite your fulled closed neural tubes.

However, if you are sincerely advancing this proposition, then you must also, in logic, call for the immediate shutdown of all government-financed drug rehab clinics. They cost as much as a spina bifida child, to a close approximation; and they seldom even produce and 'intellectually and socially capable' adult.

I'll agree to the vindictiveness of the the government in this case, although to them it was upholding a principle.

As a practical matter, I've long wondered whether it would not make more sense to take the money spent by NARAL etc. trying to change people's minds and just use it to pay for private abortions for the girls who are raped or become pregnant through incest, a tiny fraction of all abortions; and leave the cosmetic abortions to the marketplace.

In any case, I was at a family picnic some years ago, where I encountered the young second cousin of my wife, who had spina bifida and scooted about in a little cart. Her mother certainly didn't gross, much less net, $70,000 a year, yet I would have been reluctant to have killed that little girl in order to make her mother's life easier.

The mother, by the way, chewed me out when I was trying to take the group picture for trying to collect the other lively cousins around the relatively sedate spina bifida girl. She was damned if she was going to let me treat her daughter as incapable. Quite right, too.

Count your blessings, Professor.



#36454: — 08/19  at  01:29 PM
I can't think of any reasons for this other than they don't fully understand what anencephaly is, or they don't care, knowing the bulk of abortion opponents don't really understand it.

One of my siblings and their spouse (vague for the sake of privacy) aborted an anencephalic fetus. Thankfully their insurance provider played no such games.



#36457: — 08/19  at  01:41 PM
The problem with the two cases of military spouses who sought to terminate their pregnancies due to anencephaly is that their procedure is being supported by federal funds. That means it is possible that Americans are supporting a procedure that they do not wish to support. Specifically, a procedure that will not save anyone's life.

An easy answer would be that they could have gotten supplementary insurance. I'm military and can tell you that isn't affordable enough for what we get paid.

Because the limit is to federal funds only, the state may have been able to help also. If not, the costs could have been covered by a variety of programs that military members have access to when the chips are down.

But the real issue is the law. In case you don't watch CSPAN, congress if full off knuckleheads who don't know much more than how to argue. A collected and focused effort of their constituents is required.

As issues are raised, incremental changes have been made.



#36464: — 08/19  at  02:21 PM
Another fine example of Bush's and the Republican Party's support for the troops.



#36466: judgeMC — 08/19  at  02:32 PM
Tricare will pay for breast implants, but would not pay for an abortion?

Why does that not suprise me.



#36471: — 08/19  at  02:53 PM
<quote>
The problem with the two cases of military spouses who sought to terminate their pregnancies due to anencephaly is that their procedure is being supported by federal funds. That means it is possible that Americans are supporting a procedure that they do not wish to support. Specifically, a procedure that will not save anyone's life.</quote>

Completely and utterly irrelevent. The 48% who voted for the other guy in the last election all pay taxes, even though those tax funds are used to pay for Bush Administration policies they may not support.

The relevent decision in McRae was that Congress may decide what procedures Medicaid, as a federal program, will and will not cover. The Hyde Amendment, which prohibited Medicaid from covering abortions, was not deemed a violation of Roe because it did not deny the right of a patient to undergo an abortion or the right of a doctor to perform one, but merely prevented Medicaid coverage, and that access to government-run health coverage such as Medicaid was not, in and of itself, a constitutional right.

Now, as far as McRae goes, the right of the government to choose not to cover certain procedures under Medicaid is considered established case law. What the Ninth Circuit is saying is that this also applies to Tricare, as they are a government-run health insurance program. If Tricare refuses to cover abortions except in certain cases, that is their right under McRae, and doing so does not violate the patient or doctor's rights under Roe.

Where I think that Tricare made a huge mistake in pressing this case, and where I think that the Ninth Circuit erred in their judgement, is in whether or not Tricare's own policies mandate that such a procedure should be covered. I would have found that as the fetus has zero chance of survival, and childbirth is a dangerous procedure, forcing a woman to go through childbirth for a stillborn child is an unnecessary risk to her life, and therefore is covered under Tricare's policy.

The other issue which seems to have gone unaddressed is whether Tricare is entitled to reimbursement in this situation, and from whom. Starting with the latter first, if Tricare were entitled to reimbursement, it should be from the doctor who performed the procedure, not from the couple. The couple involved did not receive the money, they filed a claim and went through with the procedure believing in good faith that it would be covered. It is the doctor who files with the insurance company for payment for services rendered. The three thousand dollars was not paid to the couple but to the doctor, and it is to the doctor that Tricare should be looking for reimbursement. However, the doctor could also argue that at the time, his medical opinion was that this procedure was medically necessary to preserve the patient's health, and he felt, in good faith, that such a procedure would be covered under Tricare's policy.

The problem with abortion is that once the term enters any case, too many people lose sight of the actual legal issues involved and become too wrapped up in the politics of the situation.



#36476: — 08/19  at  03:19 PM
Hey Earl:

The post was about anencephaly, not spina bifida. The $70,000 makes a point, not the whole argument. And your cousin will reach her insurance cost cap well before she's ready for the cost issues of aging.

Also I doubt Dr. Myers counts any "blessings" if you're familiar with his blog.

Hey PZ:

Choice is a right, not a privelege. As you fully know, we can't cede the language to the wingnuts.



#36487: — 08/19  at  04:15 PM
We had a son in the late 60's with no gastro intestinal track who died a few days after birth in a hospital incubator.
Is the development of the g.i. tract similar to that of the neural tube?
Sally had a high fever in the second or third week of pregnancy that we suspect caused things to misfire. Is that possible?



#36496: — 08/19  at  04:54 PM
Quoting Hyperion:
"The 48% who voted for the other guy in the last election all pay taxes, even though those tax funds are used to pay for Bush Administration policies they may not support.

The prohibition against federal funding of certain types of abortion is not a Bush policy.

The point is that as public servants, government employees have a responsibility to serve public interest. If public interest isn't being served, then the public needs to stop saying it on blogs and call their respresentitive. You can damn well be sure that religous conservatitives are having their voice heard.

"...whether or not Tricare's own policies mandate that such a procedure should be covered. I would have found that as the fetus has zero chance of survival, and childbirth is a dangerous procedure, forcing a woman to go through childbirth for a stillborn child is an unnecessary risk to her life, and therefore is covered under Tricare's policy."

If her referring doctor had stated as much, it would have covered the Tricare requirement for 'endangerment to the mother'.

"The other issue which seems to have gone unaddressed is whether Tricare is entitled to reimbursement... it should be from the doctor who performed the procedure... The couple involved did not receive the money."
I believe it is the government suing for reimbursement and not Tricare, although I'm not sure.
The doctor was paid justly for his services. Why would he be sued if the source of funds was incorrect?
For large services (expensive services), doctors or hospitals will typically bill the patient. Tricare writes a check to the patient and the patient pays the doctor. It raises the entitle 10 or 15% to pay this way.
But whether the doctor billed Tricare directly or billed the patient, the contract is between the doctor and the patient. The insurance company is just a source of funds. Ask any doctor's lawyer...



's avatar #36497: Tlazolteotl — 08/19  at  05:00 PM
notheory -

You asked about factors in failure of neural tube closure. Vitamin B-6 deficiency turns out to be a big one. In fact, the government has mandated that flour, cereals, etc be enriched with it in order to cut down on the number of neural tube defects. They also advise women who are attempting to conceive to take "maternal" vitamins (there are vitamin formulations for pregnant women).

Another one is very high (102-106 degrees F) maternal fever at the critical gestational age - around 18 days for anterior closure, as PZ notes. Why this would cause a problem is out of my area, but I know that anencepahly, in particular, is associated with high maternal fever and tends to occur in clusters, associated with things like when the flu hits in a community with lots of women of childbearing age.



's avatar #36500: Tlazolteotl — 08/19  at  05:05 PM
Oh, and the Hyde Amendment, the law prohibiting federal funding of abortions, also applies to people (women) who work for the government. Their federal health care will not pay for abortions. It was passed during the Reagan administration, so it isn't just BushCo being mean to soldiers' families (though they do plenty of that by underfunding the VA, but that's another topic entirely).



's avatar #36501: Tlazolteotl — 08/19  at  05:09 PM
And I just want to say, hey, has anyone noticed how very human those newly neuralated embryos look? (I keed. I'm sure a capybara embryo looks pretty similar at that stage, or just about any chordate, for that matter!)



#36503: — 08/19  at  05:23 PM
As a practical matter, I've long wondered whether it would not make more sense to take the money spent by NARAL etc. trying to change people's minds and just use it to pay for private abortions for the girls who are raped or become pregnant through incest, a tiny fraction of all abortions; and leave the cosmetic abortions to the marketplace.

So terminating a non-viable pregnancy rather than forcing the woman to continue one, two, or three months of a pregnancy that will inevitably result in a stillbirth is "cosmetic"? It's better to make her answer three months' worth of happy queries from strangers and acquaintances with, "Well, actually, it's going to be born dead -- it has no brain" over and over again?

What's it like to have no emotion or empathy? I'd really like to know.



#36516: — 08/19  at  06:50 PM
Tlazolteotl: Some years ago I saw a film that showed fetal development. As time passed in utero, the fetus looked more and more human. (How could you abort such a beautiful baby?) Then it was revealed that it was a pig fetus. (Mmm, ribs!)



#36523: — 08/19  at  07:58 PM
opt: Any pregnancy is dangerous to the woman's health. An abortion is about 10X safer than completing a pregnancy. What is the point of forcing a woman with an ancephalic fetus to take this risk?



#36528: — 08/19  at  08:17 PM
Dianne, I am not suggesting a woman be forced to take any risk. What I am saying is that Tricare is full of clerks, not doctors. The difference (for Tricare) between whether the abortion is for the mothers welfare or to terminate an unwanted fetus is in the doctor's report.



#36542: — 08/19  at  10:00 PM
Anyone arguing "legalese" at this point didn't get the gist of the blog. It is wrong to force suffering, intense painful, physical and emotional suffering.
Who gives a shit if the Hyde ammendment is constitutional. What is being done to young couples who suffer these natural anamolies is criminal.

Damn... I want LESS GOVERNMENT. Unfortunately, I am not applying for drilling rights in the Alaska wilderness.



#36551: — 08/19  at  11:51 PM
Dianne, I am not suggesting a woman be forced to take any risk. What I am saying is that Tricare is full of clerks, not doctors.

No, what you're saying is that women you don't know and have never met should be forced to endure months of mental anguish knowing that their baby will be born dead because you find late-term abortions icky.

Don't be a coward and hide behind bureaucracy. Just say, "I want to control the healthcare decisions of women I've never met."



#36558: — 08/20  at  04:21 AM
By 'cosmetic' I meant abortions for the convenience of the mother. Which is most of them.

But Professor Myers' example, although he started out on anencephalic development, segued over to other forms of neural tube defects, not all of which -- as he so kindly pointed out -- result in doomed infants.

In the example I gave, the only difference between the baby with the faulty development and you was that she could not walk. Not a capital offense in my book. Your mileage may differ.



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