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Ethical, Legal and Social Implications: Bringing Gene Therapies to the Clinic

by Alexis Piskulic

Vence L. Bonham Jr., Acting Deputy Director at the National Human Genome Research Institute (NHGRI) and an investigator in the National Human Genome Research Institute’s (NHGRI) Division of Intramural Research's Social and Behavioral Research Branch, joined SLU LAW to discuss “Ethical, Legal and Social Implications: Bringing Gene Therapies to the Clinic.” The discussion was centered around the evolving landscape of gene and cell therapies, with a focus on the treatment of sickle cell disease (SCD). He outlined the growth of gene therapy, different types of therapies, challenges in access, ethical considerations, and future directions for healthcare and policy.

Growth of Gene Therapy

Gene therapy is an expanding field that involves introducing new genetic material into cells to treat or prevent diseases. Bonham distinguished between cell therapy and gene therapy. He further differentiated between somatic gene therapy, which modifies non-reproductive cells, and heritable gene therapy, which affects reproductive cells and can pass on changes to future generations. Currently, numerous gene therapy trials are underway, and various therapies have been approved globally, reflecting a growing acceptance and application of these treatments.

Vence Bonham speaks at Scott Hall

Vence L. Bonham, Jr. speaks at Scott Hall

Case Study: Sickle Cell Disease

Bonham used sickle cell disease (SCD) as a case study to illustrate the impact of gene therapies. SCD is an inherited blood disorder that affects hemoglobin, leading to complications such as acute pain, kidney disease, and heart failure. Despite significant advancements in the understanding and treatment of SCD over the past century, there are still challenges. For instance, the first FDA-approved treatment for SCD came in 1998, with further progress seen in recent years, including the introduction of gene therapy trials. This trajectory shows a gradual but crucial evolution in the treatment approach for SCD, emphasizing the role of gene therapy as a transformative solution.

Types of Gene Therapy for Sickle Cell Disease

Gene therapies for SCD include:

  1.  Gene Addition: This approach involves adding a functional copy of the hemoglobin gene to the patient’s stem cells to enable the production of normal hemoglobin.
  2. Gene Silencing: This technique focuses on silencing genes that inhibit the production of fetal hemoglobin, therefore allowing the body to produce a form of hemoglobin that does not sickle.
  3. Gene Correction: Editing the existing genes to correct the mutation responsible for SCD.

These methods aim to address the main cause of the disorder, offering a potential cure rather than just managing symptoms.

The Journey for SCD Gene Therapy

The process for patients seeking gene therapy for SCD includes numerous steps, starting with disease management and moving through evaluation, preparation (including optional fertility preservation), and finally, the infusion of modified stem cells. The speaker noted that fertility preservation is an important aspect of this journey, with research exploring ways to maintain fertility for those undergoing treatments.

Ethical and Social Implications

The high costs of gene therapies raise questions about accessibility and equity. Treatments like CRISPR-based therapies for SCD can cost upwards of $2 million, making them unaffordable for many without comprehensive insurance coverage or other financial support. Furthermore, ethical issues arise regarding early-phase pediatric trials, eligibility criteria, and community engagement. The case of a Chinese scientist who claimed to have created gene-edited twins in 2018 demonstrates the potential ethical challenges and the need for strong regulations to prevent misuse of gene-editing technologies.

Access to Therapies and Innovative Payment Models

Bonham discussed various payment models aimed at improving access to these expensive therapies. These include:

  1. Mortgage Models: This model allows payments to be spread over time, making it easier for payers to afford the high initial costs.
  2. Outcomes-Based Agreements: Contracts based on the performance of the treatment, making sure payment is tied to the actual benefits received by patients.

These models are part of broader efforts by entities like the Centers for Medicare and Medicaid Services to negotiate terms that might improve access and affordability, especially for Medicaid recipients.

Outlook and Legal Considerations

Looking ahead, Bonham identified several challenges that must be addressed for gene therapies to be effectively integrated into healthcare systems. These include the need for policies ensuring equitable access, long-term safety and monitoring, and ethical guidelines to navigate complex issues such as gene editing in embryos. Lawyers play a crucial role in facilitating the legal and regulatory pathways for these therapies, ensuring compliance with existing laws, and advocating for frameworks that balance innovation with safety and equity.

All in all, while gene therapies represent hope for curing genetic disorders like sickle cell disease, their success depends on addressing a range of ethical, legal, and social challenges. The high costs, access issues, and potential long-term risks mean that careful thought and collaboration among healthcare professionals, researchers, policymakers, and legal experts are needed to guide the way forward.

Vence Bonham’s lecture was given in person on October 15, 2024 as part of the Health Law Distinguished Speaker Series hosted by the Center for Health Law Studies at SLU LAW. Each academic year, the Center hosts leading scholars and practitioners who shape health law and policy. Students attend keynote lectures in the series and meet with speakers to discuss timely law and policy issues during small group discussions.