A grisly trade in human body parts leaves relatives grieving
and some recipients at risk of life-threatening disease.
By Kate Willson, Vlad Lavrov,
Martina Keller, Thomas Maier and Gerard Ryle
July
17, 2012
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On February 24, Ukrainian authorities made an alarming
discovery: bones and other human tissues crammed into coolers in a grimy white
minibus.
From day one, everything was forged; everything, because we could. As long as the paperwork looked good, it was fine
Investigators grew even more intrigued when they found, amid
the body parts, envelopes stuffed with cash and autopsy results written in
English.
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Bottles of human tissue labelled ''Made in Germany,
Tutogen" that were were seized by Ukrainian authorities.
MykolaivSeizure1.jpg
What the security service had disrupted was not the work of
a serial killer but part of an international pipeline of ingredients for
medical and dental products that are routinely implanted into people around the
world.
The seized documents suggested that the remains of dead
Ukrainians were destined for a factory in Germany belonging to the subsidiary
of a US medical products company, Florida-based RTI Biologics.
RTI is one of a growing industry of companies that make
profits by turning mortal remains into everything from dental implants to
bladder slings to wrinkle cures.
The industry has flourished even as its practices have roused concerns about how tissues are obtained and how well grieving families and transplant patients are informed about the realities and risks of the business.
The industry has flourished even as its practices have roused concerns about how tissues are obtained and how well grieving families and transplant patients are informed about the realities and risks of the business.
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''I was in shock'' ... Kateryna Rahulina says she did not give
permission for the body of her mother Olha to be harvested. Photo:
Konstantin Chernichkin/Kyiv Post
In the US alone, the biggest market and the biggest
supplier, an estimated two million products derived from human tissue are sold
each year, a figure that has doubled over the past decade.
It is an industry that promotes treatments and products that
literally allow the blind to see (through cornea transplants) and the lame to
walk (by recycling tendons and ligaments for use in knee repairs).
It's also an industry fueled by powerful appetites for bottom-line profits and fresh human bodies.
It's also an industry fueled by powerful appetites for bottom-line profits and fresh human bodies.
In the Ukraine, for example, the security service believes
that bodies passing through a morgue in the Nikolaev district, the gritty
shipbuilding region located near the Black Sea, may have been feeding the
trade, leaving behind what investigators described as potentially dozens of
“human sock puppets” ~ corpses stripped of their reusable parts.
Industry officials argue that such alleged abuses are rare,
and that the industry operates safely and responsibly.
For its part, RTI didn't respond to repeated requests for
comment or to a detailed list of questions provided a month before this
publication.
In public statements the company says it “honours the gift
of tissue donation by treating the tissue with respect, by finding new ways to
use the tissue to help patients and by helping as many patients as possible
from each donation".
'OUR MISFORTUNE'
Despite its growth, the tissue trade has largely escaped
public scrutiny. This is thanks in part to less-than-aggressive official
oversight ~ and to popular appeal for the idea of allowing the dead to help the
living survive and thrive.
An eight-month, 11-country investigation by the
International Consortium of Investigative Journalists has found, however, that
the tissue industry's good intentions sometimes are in conflict with the rush
to make money from the dead.
Inadequate safeguards are in place to ensure all tissue used
by the industry is obtained legally and ethically, ICIJ discovered from
hundreds of interviews and thousands of pages of public documents obtained
through records requests in six countries.
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GRAPHIC VIDEO: THE TRADE IN BODY PARTS
Despite concerns by doctors that the lightly regulated trade
could allow diseased tissues to infect transplant recipients with hepatitis,
HIV and other pathogens, authorities have done little to deal with the risks.
In contrast to tightly monitored systems for tracking intact
organs such as hearts and lungs, authorities in the US and many other countries
have no way to accurately trace where recycled skin and other tissues come from
and where they go.
At the same time, critics say, the tissue-donation system
can deepen the pain of grieving families, keeping them in the dark or
misleading them about what will happen to the bodies of their loved ones.
Those left behind, like the parents of 19-year-old Ukrainian
Sergei Malish, who committed suicide in 2008, are left to cope with a grim
reality.
At Sergei's funeral, his parents discovered deep cuts on his
wrists. Yet they knew he had hanged himself.
They later learned that his body parts had been recycled and
shipped off as “anatomical material".
“They make money with our misfortune,” Sergei's father said.
AN AWKWARD SILENCE
During the transformational journey tissue undergoes ~ from
dead human to medical device ~ some patients don't even know that they are the
final destination.
Doctors don't always tell them that the products used in
their breast reconstructions, penis implants and other procedures were
reclaimed from the recently departed.
Nor are authorities always aware of where tissues come from
or where they go.
The lack of proper tracking means that by the time problems
are discovered some of the manufactured goods can't be found. When the US
Centers for Disease Control and Prevention assists in the recall of products
made from potentially tainted tissues, transplant doctors frequently aren't
much help.
“Oftentimes there's an awkward silence. They say, 'We don't
know where it went,'” said Dr Matthew Kuehnert, the CDC's director of blood and
biologics.
“We have bar codes for our [breakfast] cereals, but we don't have bar codes for our human tissues," Kuehnert said. "Every patient who has tissue implanted should know. It's so obvious. It should be a basic patient right. It is not. That's ridiculous.”
Since 2002 the US Food and Drug Administration has
documented at least 1352 infections in the US that followed human tissue
transplants, according to an ICIJ analysis of FDA data. These infections were
linked to the deaths of 40 people, the data shows.
One of the weaknesses of the tissue-monitoring system is the
secrecy and complexity that comes with the cross-border exchange of body parts.
The Slovaks export cadaver parts to the Germans; the Germans
export finished products to South Korea and the US; the South Koreans to
Mexico; the US to more than 30 countries.
Distributors of manufactured products can be found in the
European Union, China, Canada, Thailand, India, South Africa, Brazil, Australia
and New Zealand. Some are subsidiaries of multinational medical corporations.
The international nature of the industry, critics claim, makes
it easy to move products from place to place without much scrutiny.
“If I buy something from Rwanda, then put a Belgian label on
it, I can import it into the US. When you enter into the official system,
everyone is so trusting,” said Dr Martin Zizi, professor of neurophysiology at
the Free University of Brussels.
Once a product is in the European Union, it can be shipped
to the US with few questions asked.
“They assume you've done the quality check," Zizi said. "We are more careful with fruit and vegetables than with body parts.”
PIECE OF THE ACTION
Inside the marketplace for human tissue, the opportunities
for profits are immense. A single, disease-free body can spin off cash flows of
$US80,000 to $US200,000 for the various non-profit and for-profit players
involved in recovering tissues and using them to manufacture medical and dental
products, according to documents and experts in the field.
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It's illegal in the US, as in most other countries, to buy or sell human tissue. However, it's permissible to pay service fees that ostensibly cover the costs of finding, storing and processing human tissues.
Almost everyone gets a piece of the action.
Ground-level body wranglers in the US can get as much as
$US 10,000 for each corpse they secure through their contacts at hospitals,
mortuaries and morgues. Funeral homes can act as middlemen to identify
potential donors. Public hospitals can get paid for the use of tissue-recovery
rooms.
And medical products multinationals like RTI? They do well,
too. Last year RTI earned $US 11.6 million in pretax profits on revenues of
$US 169 million.
Phillip Guyett, who ran a tissue recovery business in
several US states before he was convicted of falsifying death records, said
executives with companies that bought tissues from him treated him to $US 400
meals and swanky hotel stays. They promised: “We can make you a rich man.”
It got to the point, he said, that he began looking at the dead “with dollar signs attached to their parts". Guyett never worked directly for RTI.
It got to the point, he said, that he began looking at the dead “with dollar signs attached to their parts". Guyett never worked directly for RTI.
SMOKED SALMON
Human skin takes on the colour of smoked salmon when it is
professionally removed in rectangular shapes from a cadaver. A good yield is
about 5500 square centimetres.
After being mashed up to remove moisture, some is destined
to protect burn victims from life-threatening bacterial infections or, once
further refined, for breast reconstructions after cancer.
The use of human tissue “has really revolutionized what we
can do in breast reconstruction surgery”, explains Dr Ron Israeli, a New York
plastic surgeon.
“Since we started using it in about 2005, it's really become
a standard technique.”
A significant number of recovered tissues are transformed
into products whose shelf names give little clue to their actual origin.
They are used in the dental and beauty industries, for
everything from plumping up lips to smoothing out wrinkles.
Cadaver bone ~ harvested from the dead and replaced with PVC
piping for burial ~ is sculpted like pieces of hardwood into screws and anchors
for dozens of orthopaedic and dental applications.
Or the bone is ground down and mixed with chemicals to form
strong surgical glues that are advertised as being better than the artificial
variety.
“At the basic level what we are doing to the body, it's a
very physical ~ and I imagine some would say a very grotesque ~ thing,” said
Chris Truitt, a former RTI employee in Wisconsin.
“We are pulling out arm bones. We are pulling out leg bones.
We are cutting the chest open to pull the heart out to get at the valves. We
are pulling veins out from the inside of skin.”
Whole tendons, scrubbed cleaned and rendered safe for
transplant, are used to return injured athletes to the field of play.
There's also a brisk trade in corneas, both within countries
and internationally.
Because of the ban on selling the tissue itself, the US
companies that first commercialized the trade adopted the same methods as the
blood collection business.
The for-profit companies set up non-profit offshoots to
collect the tissue ~ in much the same way the Red Cross collects blood that is
later turned into products by commercial entities.
Nobody charges for the tissue itself, which under normal
circumstances is freely donated by the dead (via donor registries) or by their
families.
Rather, tissue banks and other organizations involved in the
process receive ill-defined “reasonable payments” to compensate them for
obtaining and handling the tissue.
“The common lingo is to talk about procurement from donors
as 'harvesting', and the subsequent transfers via the bone bank as 'buying' and
'selling,' ” wrote Klaus Hoyer, from the University of Copenhagen's Department
of Public Health, who talked to industry officials, donors and recipients for
an article published in the journal BioSocieties.
“These expressions were used freely in interviews. However,
I did not hear this terminology used in front of patients.”
A US-government funded study of the families of US tissue
donors, published in 2010, indicates many may not understand the role that for-profit
companies play in the tissue donation system.
Seventy-three per cent of families who took part in the
study said it was “not acceptable for donated tissue to be bought and sold, for
any purpose".
FEW PROTECTIONS
There is an inherent risk in transplanting human tissues.
Among other things, it has led to life-threatening bacterial infections, and
the spread of HIV, hepatitis C and rabies in tissue recipients, according to
the CDC.
Modern blood and organ collection is bar-coded and strongly
regulated ~ reforms prompted by high-profile disasters that had been caused by
the poor screening of donors. Products made from skin and other tissues,
however, have few specific laws of their own.
In the US, the agency that regulates the industry is the
Food and Drug Administration, the same agency that's charged with protecting
the nation's food supply, medicines and cosmetics.
The FDA, which declined repeated requests for on-record
interviews, has no authority over health care facilities that implant the
material. And the agency doesn't specifically track infections.
It does keep track of registered tissue banks, and sometimes
conducts an inspection. It also has the power to shut them down.
The FDA largely relies on standards that are set by an
industry body, the American Association of Tissue Banks. The association
refused repeated requests over four months for on-record interviews.
It told ICIJ during a background interview last week that
the "vast majority" of banks recovering traditional tissues such as
skin and bone are accredited by the AATB. Yet an analysis of AATB-accredited
banks and FDA registration data shows about one third of tissue banks that
recover traditional tissues such as skin and bone are accredited by the AATB.
The association says the chance of contamination in patients
is low. Most products, the AATB says, undergo radiation and sterilization,
rendering them safer than, say, organs that are transplanted into another
human.
"Tissue is safe. It's incredibly safe," an AATB
executive said.
There is little data, though, to back up the industry's
claims.
Unlike with other biologics regulated by the FDA, agency
officials explain, firms that make medical products out of human tissues are
required to report only the most serious adverse events they discover. That
means that if problems do arise, there's no guarantee that authorities are
told.
And because doctors aren't required to tell patients they're getting tissue from a cadaver, many patients may not associate any later infection with the transplant.
On this point, the industry says it is able to track the
products from the donors to the doctors, using their own coding systems, and
that many hospitals have systems in place to track the tissues after they're
implanted.
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After it is processed, human skin looks similar to thin layers
of smoked salmon. Here, it is being meshed before application on a burns patient
at Queen Astrid Military Hospital in Brussels, Belgium. (Mar Cabra/ICIJ)
But no centralized regional or global system assures products can be followed from donor to patient.
“Probably very few people get infected, but we really don't
know because we don't have surveillance and we don't have a system for
detecting adverse events,” the CDC's Kuehnert said.
The FDA recalled more than 60,000 tissue-derived products
between 1994 and mid-2007.
The most famous recall came in 2005. It involved a company
called Biomedical Tissue Services, which was run by a former dental surgeon,
Michael Mastromarino.
Mastromarino got many of his raw materials from undertakers
in New York and Pennsylvania. He paid them up to $US1000 per body, court
records show.
His company stripped bodies of their bones, skin and other
usable parts, then returned them to their families. The families, ignorant of
what happened, buried or cremated the evidence.
One of more than 1000 bodies that were dismembered was that of the famous BBC broadcaster Alistair Cooke.
Products made from the stolen human remains were shipped to
Canada, Turkey, South Korea, Switzerland and Australia. More than 800 of those
products have never been located.
It later came out in court that some of the tissue donors
had died from cancer and that none had been tested for pathogens like HIV and
hepatitis.
Mastromarino falsified donor forms, lying about causes of
death and other details. He sold skin and other tissues to several US
tissue-processing firms, including RTI.
“From day one, everything was forged; everything, because we
could. As long as the paperwork looked good, it was fine,” said Mastromarino,
who is serving a 25-to-58-year prison sentence for conspiracy, theft and abuse
of a corpse.
GLOBAL SHERIFF
Each country has its own set of regulations for the use of
products made from human tissue, often based on laws that were originally
intended to deal with blood or organs.
In practice, though, because the US supplies an estimated
two-thirds of the world's human-tissue-product needs, the FDA has effectively
been left to act as sheriff for much of the planet.
Foreign tissue establishments that wish to export products
to the US are required to register with the FDA.
Yet of the 340 foreign tissue establishments registered with
the FDA, only about 7 per cent have an inspection record in the FDA database,
an ICIJ analysis shows. The FDA has never shut one down due to concern over
illicit activities.
The data also shows that about 35 per cent of active
registered US tissue banks have no inspection record in the FDA database.
“When the FDA registers you, all you have to do is fill out a
form and wait for an inspection,” said Dr Duke Kasprisin, the medical director
for seven US tissue banks. “For the first year or two you can function without
having anyone look at you.”
This is backed by the data, which show the typical tissue
bank operates for nearly two years before its first FDA inspection.
“The problem is there is no oversight. The FDA, all they
require is that you have a registration,” said Craig Allred, an attorney
previously involved in litigation against the industry. “Nobody is watching
what is going on.” The FDA and industry players “all point the finger at each
other".
Yet in South Korea, for example, the booming plastic surgery
market uses FDA oversight as a selling point.
In downtown Seoul, the country's capital, Tiara Plastic
Surgery explains that human tissue products “are FDA-approved” and are
therefore safe.
Some medical centres advertise “FDA-approved AlloDerm” ~ a
skin graft made from donated American cadavers ~ for nose enhancement.
Le Do-han, the official in charge of human tissue for the
South Korean FDA, said the country imports 90 per cent of its human-tissue
needs.
Raw tissue is shipped in from the US and Germany. This
tissue, once processed, is often re-exported to Mexico as manufactured goods.
Despite the complicated movements back and forth, Le Do-han
acknowledges that proper tracking hasn't been put in place.
“It is like putting tags on beef, but I don't even know if
that is possible for human tissues because there areso many coming in.”
TEAMING UP
In its US Securities and Exchange Commission filings,
publicly traded RTI provides a glimpse of the company's size and global reach.
In 2011, the company manufactured 500,000 to 600,000
implants and launched 19 new kinds of implants in sports medicine, orthopedics
and other areas. Ninety per cent of the company's implants are made from human
tissue, while 10 per cent come from cows and pigs processed at its German
facility.
RTI requires its human body parts suppliers in the US and
other nations to follow FDA regulations, but the company acknowledges there are
no guarantees.
In 2011 securities filings, RTI said there “can be no
assurances” that “our tissue suppliers will comply with such regulations
intended to prevent communicable disease transmission” or “even if such compliance
is achieved, that our implants have not been or will not be associated with
transmission of disease".
Like many of today's for-profit tissue companies that were
once non-profits, RTI broke away from the non-profit University of Florida
Tissue Bank in 1998.
Internal company files from Tutogen, a Germany medical
products company, show that RTI teamed up with Tutogen as early as September
1999 to help both companies meet their growing needs for raw material by
obtaining human tissue from Eastern Europe.
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The companies both obtained tissue from the Czech Republic.
Tutogen separately obtained tissues from Estonia, Hungary, Russia, Latvia,
Ukraine, and later Slovakia, documents show.
In 2002, allegations surfaced in the Czech media that the
local supplier to RTI and Tutogen was obtaining some tissues there improperly.
Though there is no suggestion that Tutogen or RTI or its employees did anything
improper.
In March 2003, police in Latvia investigated whether
Tutogen's local supplier had removed tissue from about 400 bodies at a state
forensic medical institute without proper consent.
Wood and fabrics, replacing muscle and bone, were put into
the deceased to make it look like they were untouched before burial, local
media reported.
Police eventually charged three employees of the supplier,
but later dismissed the charges when a court ruled that no consent from donors'
families was necessary. Again, there was no suggestion Tutogen acted
improperly.
In 2005, Ukrainian police launched the first of a series of
investigations into the activities of Tutogen's suppliers in that country. The
initial investigation did not lead to criminal charges.
The relationship between Tutogen and RTI, meanwhile, became
even closer in late 2007, when they announced a merger between the two
companies. Tutogen became a subsidiary of RTI in early 2008.
Officials at RTI declined to answer questions from ICIJ
about whether it knew about police investigations of Tutogen's suppliers.
TWO RIBS
In 2008 Ukrainian police launched a new investigation,
looking into allegations that more than 1000 tissues a month were being
illegally recovered at a forensic medical institute at Krivoy Rog and sent, via
a third party, to Tutogen.
Joseph Duesel, the chief prosecutor in Bamberg, said in 2009
that "what the company is doing is approved by the administrative
authority by which it is also monitored. We do not currently see any reason to
initiate investigation proceedings."
Nataliya Grishenko, the judge prosecuting the case, revealed
during subsequent court proceedings that many relatives claimed they had been
tricked into signing consent forms or that their signatures had been forged.
However, the main suspect in the case ~ a Ukrainian doctor ~
died before the court could deliver a verdict. The case died with him.
Tutogen “operates under very strict regulations from German
and Ukrainian authorities as well as other European and American regulatory
authorities”, the company said in a statement while the case was still pending.
“They have been inspected regularly by all of these authorities over their many
years of operation, and Tutogen remains in good standing with all of them.”
Seventeen of Tutogen's Ukrainian suppliers have undergone an
FDA inspection. The inspections are announced, according to protocol, six to
eight weeks in advance.
Only one ~ BioImplant in Kiev ~ received negative feedback.
Among the findings of the 2009 inspection: not all morgues could rely on hot
running water and some sanitation procedures were not followed.
FDA inspectors also identified deficiencies with RTI's
Ukrainian imports when it visited the company's facilities in Florida.
RTI had English translations, but not original autopsy
reports, from its Ukrainian donors, FDA inspectors found during a 2010 audit.
Those were often the only medical documents the company used to determine
whether the donor was healthy, inspectors noted in their report.
The company told inspectors it was illegal under Ukrainian
law to copy the report. But following the inspection it began maintaining the
original Russian-language document along with its English translation.
In 2010 and 2011, FDA inspectors asked RTI to change how it labeled
its imports. The company was obtaining Ukrainian tissue, shipping it to Tutogen
in Germany, and then exporting it to the US as a product of Germany.
While the company agreed to change its policies, there is
some indication that it may have continued labeling some Ukrainian tissue as
German.
This past February police launched a raid as officials at a
regional forensic bureau in Nikolaev Oblast were loading harvested human
tissues into the back of a white minibus. Police footage of the seizure shows
tissue labeled "Tutogen. Made in Germany."
In this case, the security service said forensic officials
had tricked relatives of the dead patients into agreeing to what they thought
was a small amount of tissue harvesting by playing on their pain and grief.
Seized documents ~ blood tests, an autopsy report and labels
written in English and obtained by ICIJ ~ suggested the remains were on their
way to Tutogen.
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“Two ribs, two Achilles heels, two elbows, two eardrums, two teeth, and so on'' ... a relative holds a picture of Oleksandr Frolov, some of whose body parts were found during a raid by Ukrainian authorities. Photo: Konstantin Chernichkin/Kyiv Post
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“Two ribs, two Achilles heels, two elbows, two eardrums, two teeth, and so on'' ... a relative holds a picture of Oleksandr Frolov, some of whose body parts were found during a raid by Ukrainian authorities. Photo: Konstantin Chernichkin/Kyiv Post
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Some of the tissue fragments found on the bus came from
35-year-old Oleksandr Frolov, who had died from an epileptic seizure.
“On the way to the cemetery, when we were in the hearse, one
of his feet ~ we noticed that one of the shoes slipped off his foot, which
seemed to be hanging loose,” his mother, Lubov Frolova, told ICIJ.
“When my daughter-in-law touched it, she said that his foot
was empty.”
Later, the police showed her a list of what had been taken
from her son's body.
“Two ribs, two Achilles heels, two elbows, two eardrums, two
teeth, and so on. I couldn't read it till the end, as I felt sick. I couldn't
read it,” she said.
“I heard that [the tissues] were shipped to Germany to be
used for the plastic surgeries and also for donation. I have nothing against
donation, but it should be done according to the law.”
Kateryna Rahulina, whose 52-year-old mother, Olha Dynnyk,
died in September 2011, was shown documents by investigating police. The
documents purported to give her approval for tissue to be taken from her
mother's body.
“I was in shock,” Rahulina said. She never signed the
papers, she said, and it was clear to her that someone had forged her approval.
The forensic bureau in Nikolaev Oblast, where the alleged
incidents happened, was, until recently, one of 20 Ukrainian tissue banks
registered by the FDA.
On the FDA's website the phone number for each of the tissue
banks is the same.
It is Tutogen's phone number in Germany.
International Consortium of Investigative
Journalists
Contributors to this story: Mar Cabra, Alexenia
Dimitrova and Nari Kim.
The International Consortium of Investigative
Journalists is an independent global network of reporters who collaborate on cross-borders
investigative stories. To see video, graphics and more stories in this series,
go to www.icij.org. This story was co-reported
by National Public Radio (USA).
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