• Gaywallet (they/it)@beehaw.orgM
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    1 year ago

    Frankly the articles I’ve found all use a mix of really weird language. In some places it says she was ‘advised’ to remove it by doctors, which makes a lot of sense. In others they talk about finances and purchasing the implant from the company.

    My guess is that it was a combination of factors and while she ultimately did not want to give up the device despite being urged by doctors (she accepted the risk of leaving it in), but she was robbed of the possibility by capitalism and the fact that the company was forced to liquidate assets as terms of going bankrupt or being bought by another company. But we might have to wait for a court case or proper reporting to find out.

    I hope we are able to enshrine some rights over forced explantation in the future. As soon as a device is implanted in you, you should own it 100%, no matter the cost of the device. To encourage making this possible even for extremely expensive devices, we should probably offer huge write offs or some other incentive to these companies lest they decide to restrict their purchase to only rich clients.

    • lolcatnip@reddthat.com
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      1 year ago

      Owning the device doesn’t help if it requires regular maintenance and there’s nobody able to do it anymore.

      • Gaywallet (they/it)@beehaw.orgM
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        1 year ago

        I mean, we should protect against that too by requiring a certain level of service. But at the very least they need to own the device and have the right to leave the device in, even if it would fail or potentially cause them harm. I pointed that out because it sounds like they wanted to leave it in and not listen to the doctors advice to remove it, but could not for some reason. The only reason I can imagine would involve someone paying for the surgery to remove it against her will is one in which she does not own the device and the alternative is being burdened with a massive debt to pay off the device.

        • lolcatnip@reddthat.com
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          1 year ago

          How do you require a certain level of service when the company that made it goes out of business? Or when employees with essential knowledge leave the company? I’ve been working in software for a long time, and everywhere I’ve worked, losing someone knowledgeable about a product is a big blow to future development because a lot of important knowledge is only in their head, leaving future maintainers to do a lot of reverse engineering. Requiring documentation wouldn’t work because any company that had strict enough requirements would have a very hard time hiring engineers willing to spend so much time documenting every little thing.

          • Gaywallet (they/it)@beehaw.orgM
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            1 year ago

            You require them legally to budget and plan these things and give them harsh penalties if they fail. That they need to set aside money in a way that it can’t be touched if they go under. You’ll likely need to hire teams at the government to help fill gaps and coordinate.

            • lolcatnip@reddthat.com
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              1 year ago

              I don’t think you have any idea how much money you’re talking about. The fact that you’re proposing it in the context of an experimental device that was probably never even marketed is just deranged. We’d still be stuck with 1950s-level technology if you had your way because nobody could afford to develop any new products that can’t be made in a basic machine shop.

                • FlowVoid@midwest.social
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                  1 year ago

                  The whole point of a clinical trial is to enroll volunteers who are willing to undergo a treatment that might not work at all and might not be available in the future even if it does work. Not only that, but you might expect to get a potential cure and end up with only a sugar pill.

                  If you think any of that is unreasonable, then don’t enroll in a clinical trial.

      • frezik@midwest.social
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        1 year ago

        This, right here, is really important. We already have otherwise useful things being bricked because the software is no longer updated, or worse, the company goes bankrupt. If that’s our future with brain implants, that’s going to be a big problem.

        • FlowVoid@midwest.social
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          1 year ago

          Doctors remove unsafe implants and/or replace them with safer versions all the time, including devices like deep brain stimulators. I don’t see why you consider this to be a big problem.

          • frezik@midwest.social
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            1 year ago

            Because every surgery has risks, including simple ones. In this case, there would be no direct medical reason to do so.

            • FlowVoid@midwest.social
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              1 year ago

              There was a medical reason, the device was considered unsafe. Any experimental device is considered unsafe without monitoring, and monitoring was no longer available. That’s why she chose to have it removed.

              Anyone who signs up for a clinical trial knows that their treatment can be discontinued at any time, even if it is helping them. For example, if an implant is helping you but is found to be harming other people, it may be considered unsafe and you may be advised to remove it. In fact, a different article suggested that other patients were experiencing adverse effects from this experimental implant. This might even be why the company couldn’t get their product approved and eventually lost funding.

    • FlowVoid@midwest.social
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      1 year ago

      she accepted the risk of leaving it in

      It doesn’t say that. It says she was willing to pay to keep it in, which means she was willing to pay for long-term maintenance. But there was nobody willing to provide maintenance, because the company dissolved. That is why she was advised to remove the device.

      the company was forced to liquidate assets

      Implants generally go in the garbage after removal.

      Implants that failed to gain FDA approval definitely go in the garbage after removal. Nobody else wants them, in fact the company will end up having to pay for proper disposal of medical waste.

      • Gaywallet (they/it)@beehaw.orgM
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        1 year ago

        It doesn’t say that.

        Yes I very clearly stated what my *guess *was. Nothing says enough to determine what truly happened here. As someone who works in the medical field, I’m making an educated guess based on my knowledge of how medical devices, elective surgeries, and governing bodies work.