Online discussion

Part 1

Save Time On Research and Writing
Hire a Pro to Write You a 100% Plagiarism-Free Paper.
Get My Paper

Use the article below, chapters 6-8 in your textbook, and the movie (“Miss Evers’ Boys”) to help guide your answers. Most of these questions do not have a right or wrong answer. 

  • Was this study unethical in 1932?

    Why or why not?
    If you feel the study was ethical, was there a point when it became unethical?
    Did the study provide valuable information?

  • How could the study have been done differently?
  • How do you think the subjects felt about their participation?

    Did they think they were being treated unfairly?
    Does the answer change over time (1930s, 1940s, 1950s, etc.)?
    Should they have thought to question the MDs or Nurse Rivers?

  • What was the impact of recruiting at churches and schools on test subjects?
  • What was Nurse Rivers’ role in the project?

    What is your opinion of her role?

    Save Time On Research and Writing
    Hire a Pro to Write You a 100% Plagiarism-Free Paper.
    Get My Paper
  • Was Nurse Rivers negligent or did she commit malpractice?

    Why or why not?

  • Think of a research question or study pertinent to a specific race, ethnicity, or culture.

    How would you ensure the ethical recruitment of subjects?

  • Imagine you are the nurse in a modern-day, ethical, TSS-like study.

    How would you use each of the five elements of cultural competence for the selected population?

  • Which modern-day, government agencies could be involved in a health-related research study?

    How might they be involved?

Part 2

Lack of diversity in clinical trials and research has increasingly been highlighted as a problem.

  • Hypothesize one reason (whether methodological, social, ethical, or other) why a lack of diversity has been a persistent issue in clinical trials and research.
  • What is one potential solution for your hypothesized reason?

Your initial post should be at least 400 words and supported with at least one additional scholarly source.

Please be sure to validate your opinions and ideas with citations and references in APA format.

The post and responses are valued at 75 points. Please review post and response expectations. Please review the rubric to ensure that your response meets criteria.

Discussion Files

  • Hermann, D. H. J. (2001). Lessons taught by Miss Evers’ boys: The inadequacy of benevolence and the need for legal protection of human subjects in medical research. Journal of Law and Health, 15, 147-163. [PDF]
  • Cleveland State University
  • EngagedScholarship@CSU
  • Journal of Law and Health Law Journals

    2001

    Lessons Taught by Miss Evers’ Boys: The
    Inadequacy of Benevolence and the Need for Legal
    Protection of Human Subjects in Medical Research
    Donald H.J. Hermann
    DePaul University

    Follow this and additional works at: http://engagedscholarship.csuohio.edu/jlh

    Part of the Medical Jurisprudence Commons
    How does access to this work benefit you? Let us know!

    This Article is brought to you for free and open access by the Law Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Journal
    of Law and Health by an authorized administrator of EngagedScholarship@CSU. For more information, please contact library.es@csuohio.edu.

    Recommended Citation
    Donald H.J. Hermann, Lessons Taught by Miss Evers’ Boys: The Inadequacy of Benevolence and the Need for Legal Protection of
    Human Subjects in Medical Research, 15 J.L. & Health 147 (2000-2001)

    http://engagedscholarship.csuohio.edu?utm_source=engagedscholarship.csuohio.edu%2Fjlh%2Fvol15%2Fiss2%2F3&utm_medium=PDF&utm_campaign=PDFCoverPages

    http://engagedscholarship.csuohio.edu/jlh?utm_source=engagedscholarship.csuohio.edu%2Fjlh%2Fvol15%2Fiss2%2F3&utm_medium=PDF&utm_campaign=PDFCoverPages

    http://engagedscholarship.csuohio.edu/lawjournals?utm_source=engagedscholarship.csuohio.edu%2Fjlh%2Fvol15%2Fiss2%2F3&utm_medium=PDF&utm_campaign=PDFCoverPages

    http://engagedscholarship.csuohio.edu/jlh?utm_source=engagedscholarship.csuohio.edu%2Fjlh%2Fvol15%2Fiss2%2F3&utm_medium=PDF&utm_campaign=PDFCoverPages

    http://network.bepress.com/hgg/discipline/860?utm_source=engagedscholarship.csuohio.edu%2Fjlh%2Fvol15%2Fiss2%2F3&utm_medium=PDF&utm_campaign=PDFCoverPages

    http://library.csuohio.edu/engaged/

    mailto:library.es@csuohio.edu

    147

    LESSONS TAUGHT BY MISS EVERS’ BOYS: THE
    INADEQUACY OF BENEVOLENCE AND THE NEED FOR

    LEGAL PROTECTION OF HUMAN SUBJECTS IN MEDICAL
    RESEARCH

    DONALD H.J. HERMANN1

    Legal regulation and ethical constraints on medical research are again at the
    forefront of public policy concerns. The reported deaths of a volunteer in a gene
    therapy research program at the University of Pennsylvania and of a participant in an
    asthma experiment at the Johns Hopkins Medical Center have raised issues of the
    adequacy of government surveillance of medical research and the adequacy of
    current practices eliciting voluntary informed consent from research participants.2

    The recognition of the need for legal constraints on medical research and for
    protection of human subjects was greatly influenced by the reports of the research
    conducted by Nazi doctors and scientists.3 While no one denies the atrocities
    committed under the guise of medical research in the Third Reich, there has also
    been recognition of the significant abuse of research subjects in the United States,
    most recently in the reports of the Federal Advisory Committee on Human Radiation
    experiments.4 Perhaps the most publicized research involving failure to protect

    1
    Professor of Law and Philosophy, DePaul University College of Law. A.B., Stanford

    University, 1965; J.D., Columbia University, 1968; L.L.M., Harvard University, 1974; M.A.,
    1979, Ph.D. (Philosophy), Northwestern University, 1981; M.A.A.H., School of the Art
    Institute of Chicago, 1993; M.L.A., University of Chicago, 2001.

    2
    See Stacey Schultz, Trials and Errors: A Hospital Takes a Hit: Human Research is

    Halted at Johns Hopkins, U.S. NEWS & WORLD REP., July 30, 2001. See also Sheryl Stolberg,
    Youth’s Death Shaking Up Field of Gene Experiments on Human, N.Y. TIMES, Jan. 27, 2000,
    at A1.

    3
    See United States v. Carl Brandt, I TRIALS OF WAR CRIMINALS, VOL. II 181 (1949), cited

    in In re Cincinnati Radiation Litig., 874 F. Supp. 796 (S.D. Ohio 1995). Twenty-three
    German physicians were tried under “principles of the law of nations as they result from the
    usage established among civilized peoples, from the laws of humanity, and from the dictates
    of public conscious.” In re Cincinnati, 874 F. Supp. at 820. The physicians were charged
    with engaging in human experimentation involving nonconsenting prisoners.

    Id.

    The
    experiments included studies of the limits of human tolerance of high altitudes and freezing
    temperatures. Id. Experiments also included “inoculation of prisoners with infectious disease
    pathogens and tests of new antibiotics,” and mutilation of bone, muscle and nerves. Id. The
    court ruled that voluntary consent of human subjects is absolutely essential in medical
    research. Id. The court reasoned that the duty and responsibility for ascertaining the quality
    of consent rests upon each individual who initiates, directs or engages in the experiment. In re
    Cincinnati, 874 F. Supp. at 820.

    4
    See ADVISORY COMMITTEE ON HUMAN RADIATION EXPERIMENTS, FINAL REPORT (1995).

    148 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    human subjects in medical research is the Tuskegee Syphilis Study5 which provides
    the subject matter of the film Miss Evers’ Boys.6

    The movie Miss Evers’ Boys is a fictionalized narrative based on the Tuskegee
    Study of Untreated Syphilis in the Negro Male, a project sponsored by the United
    States Public Health Service that was initiated in 1932 to determine whether the
    effects of syphilis in black men paralleled the reports of the effects of this venereal
    disease in Caucasian men in a Norwegian study conducted in Oslo between 1891 and
    1910.7

    The Tuskegee Syphilis Study was authorized by the United States Public Health
    Service to observe a number of black men infected with syphilis who were living in
    Macon County, Alabama.8 The purpose of the project, which was run through a
    clinic associated with the Tuskegee Institute, was to determine the natural course of
    untreated syphilis in black males and “the difference in historical and clinical course
    of the disease in black versus white subjects.”9 Four hundred men with syphilis were
    initially enrolled in the project, along with 200 uninfected men who served as
    controls.10 The first published report of the study appeared in 193611 followed by
    reports provided every four to six years until 1960.12 Although penicillin became
    generally available in 1950, the infected subjects were not given penicillin.13 As late
    as 1969, the Centers for Disease Control recommended continuation of the study
    without any treatment for syphilis being provided to the research subjects.14 The
    study was halted in 1972 and those subjects still living were given penicillin

    5
    See generally JAMES JONES, BAD BLOOD: THE TUSKEGEE SYPHILIS EXPERIMENT (New &

    Expanded Ed., 1993).

    6
    MISS EVERS’ BOYS (HBO in association with Anasazi Productions 1997). The film is

    adapted from the play of the same title by David Feldshuh. Id. The screenwriter Walter
    Berstein was blacklisted in Hollywood in the 1950’s. Id. The film, directed by Joseph
    Sargent, features Alfre Woodward (Eunice Evers), Laurence Fishburne (Caleb Humphries),
    Craig Sheffer (Dr. Douglas), Joe Morton (Dr. Brodus), and Obba Babatunde (Willie Johnson).
    Id. Executive producers were Laurence Fishburne and Robert Benedetti, and the producers
    were Kip Konwiser and Derek Kavanagh.

    Id.

    7
    See generally U.S. DEP’T OF HEALTH, EDUC. AND WELFARE, PUBLIC HEALTH SERVICE,

    FINAL REPORT OF THE TUSKEGEE SYPHILIS STUDY AD HOC ADVISORY PANEL (1973)
    [hereinafter “AD HOC ADVISORY PANEL REPORT”]; see also MISS EVERS’ BOYS, supra note 6.

    8
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 12.

    9
    Id. at 6.

    10
    Dolores Katx, Why 430 Blacks with Syphilis Went Untreated for 40 Years, DET. FREE

    PRESS, Nov. 3, 1972.

    11
    R.A. Vonderlehr, et. al., Untreated Syphilis in the Male Negro: A Comparative Study of

    Treated and Untreated Cases, 17 VENEREAL DISEASE INFO. 260-65 (1936).

    12
    D. Rockwell, et. al., The Tuskegee Study of Untreated Syphilis: The 309th Year of

    Observation, 114 ARCHIVES OF INTERNAL MED. 792-98 (1961).

    13
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 10.

    14
    Id. at 10-11.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 149

    following publication of newspaper stories critical of the Tuskegee Study in the
    various newspapers, including the New York Times.15

    The film Miss Evers’ Boys portrays the transformation of a government
    sponsored syphilis treatment program into a clinical research project in 1932 in
    which existing treatments were to be withheld and later discovered treatments were
    not offered to the research subjects.16 The program continued until 1972 despite the
    widespread acknowledgment of the effectiveness of penicillin in treating the disease
    by the late1940’s.17

    A 1973 Senate hearing provides the background setting for the film’s principal
    character, nurse Eunice Evers’ testimony about the history of the project and her
    view of the ultimate justification of the role she played, along with that of the
    directing physicians.18 In the film, Miss Evers recalls her initial recruitment into the
    treatment program in 1932.19 Dr. Eugene Brodus, an African-American physician
    working in the clinic at the Tuskegee Institute, was himself invited to join in the
    research project by Dr. John Douglas, a white physician who was assigned by the
    Public Health Service to administer a private foundation financed syphilis treatment
    program.20 The Tuskegee Institute was selected because of its stature in the black
    community and because of epidemiological evidence of widespread syphilis
    infection among African American men in the surrounding geographical area.21
    However, according to the film narrative, within less than a year, the effects of the
    depression on dissipating the sponsoring foundation’s assets necessitated a decision
    to discontinue treatment with the collateral consequence of nurse Evers termination
    from the initial treatment project.22

    Meanwhile, in Washington, D.C., officials at the Public Health Service
    developed a proposal to fund a research project to study the course of untreated
    syphilis in black males by replacing the existing treatment being provided to the

    15
    J. Heller, Syphilis Victims in U.S. Study Went Untreated for 40 Years. N.Y. TIMES, July

    26, 1972, Sec. 1, at 1; J. Brody, All in the Name of Science, N.Y. TIMES, July 30, 1972, Sec. 4,
    at 2; At Least 28 Died in Syphilis Study, N.Y. TIMES, Sept. 12, 1972, Sec. 1, at 23.

    16
    See David Feldshuh, Miss Evers’ Boys 5 (1995) (play script) (“This play was suggested

    by the book, BAD BLOOD by James H. Jones (The Free Press, 1981) and by a number of
    primary sources including the Senate testimony, medical articles and field interviews
    conducted in Alabama in the 1930’s.”).

    17
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 9 (“Penicillin therapy was

    recommended for treatment of latent syphilis in the late 1940’s.”).

    18
    MISS EVERS’ BOYS, supra note 6. The setting is a schoolhouse that serves as a site for a

    hearing of the United States Senate in 1972. Id.

    19
    Id. See also Feldshuh, supra note 16, at 5 (“Although Miss Evers’ Boys is based on a

    true event, and although the character of Miss Evers was inspired by a nurse involved in the
    Tuskegee Study, the play is fiction.”).

    20
    Id. Dr. Douglas states: “Washington needs your help Dr. Brodus.” Id.

    21
    FRED D. GRAY, THE TUSKEGEE SYPHILIS STUDY 29 (1998).

    22
    MISS EVERS’ BOYS, supra note 6. Dr. Douglas reports: “There’s no more money. . . .

    Dr. Brodus, I’m just telling you what I’ve been told to tell you.” Feldshuh, supra note 16, at
    39.

    150 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    patients with a placebo.23 The project involved transforming patients into a research
    project, without informing them of the change in their status from patient to research
    subject.24

    In the film, Public Service officials, including Dr. Douglas, justify their action on
    the ground that the research could undermine social prejudice by showing that the
    course of syphilis is no different in black men than in white.25 Moreover, proponents
    of the research point out that the alternative for the patients would be not only no
    treatment for syphilis, but the loss of all medical treatment at the clinic.26 By their
    unknowing participation as research subjects, it was argued by the researchers and
    government officials that these men would at least receive care for their other
    medical needs.27

    Dr. Brodus, who is generally portrayed as dismayed by the elimination of the
    treatment program, initially is outraged by the proposal to replace existing treatment
    with a placebo since the studies on white men done over a quarter of a century before
    had not only traced the cause of the disease, but had led to successful treatments.28
    Dr. Brodus, however, is a pragmatist who becomes convinced that his participation
    in this research program will not only result in subsequent reinstitution of funding for
    treatment, but will also establish that human diseases have the same effect whatever
    the race of the infected person. As he assumes the mantle of research scientist, Dr.
    Brodus insists the project be called “The Tuskegee Study of Untreated Syphilis in the
    Negro Male.”29

    Eunice Evers begins her testimony at the Senate hearing with the words of her
    ethical pledge as a nurse:

    I solemnly pledge myself before God and in the presence of this
    assembly;
    To pass my life in purity and to practice my profession faithfully;
    To hold in confidence all matters revealed to me in the practice of my
    calling;
    To abstain from knowingly administering any harmful medicine;

    23
    MISS EVERS’ BOYS, supra note 6.

    24
    Id. Miss Evers remarks: “[W]hen they find out it’s not treatment, they won’t come.”

    Dr. Douglas responds: “Then they can’t find out.” Id.

    25
    Id. Dr. Brodus asks: “What if it [the study] proves that Negro and Caucasian are equal?

    That disease affects both races in exactly the same way?” Feldshuh, supra note 16, at 41.

    26
    MISS EVERS’ BOYS, supra note 6.

    27
    Id. Dr. Brodus, assuring Miss Evers, asserts: “You’ll be able to keep nursing those

    patients and their families and take those men to the hospital free of charge if they get sick and
    know that they’re all signed up front, first in line, when the treatment money comes through.
    . . .” Feldshuh, supra note 16, at 44.

    28
    MISS EVERS’ BOYS, supra note 6.

    29
    Id. See also Feldshuh, supra note 16, suggesting that the role of reputation and prestige

    fueled scientific research. Suggesting a title for the project, Dr. Douglas states: “A Study of
    Untreated Syphilis in the Negro Male. That title’s clear, uncluttered and to the point.” Dr.
    Brodus retorts: “The Tuskegee Study & Untreated Syphilis in the Negro Male? I want
    Tuskegee in there.” Id. at 42-43.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 151

    To do all in my power to maintain the standard of the nursing profession;
    To endeavor with loyalty to aid the physician in his work;
    To devote myself to the welfare of those patients committed to my care.30

    This oath, based on Florence Nightingale’s Pledge of 1893, embodies the main tenets
    of the oath of Hippocrates that governs the provision of medical treatment as well as
    research involving patients, including participation of all human subjects in medical
    research projects.31 This pledge provides the ethical background against which the
    viewer is asked to judge Miss Evers.

    Much of the significance of this film is the interpretation of the words of this oath
    by nurse Evers as a justification for participation in medical research involving
    withholding of available treatment and lack of voluntary informed consent by
    patients. From the outset, in the film, Miss Evers is aware and troubled by the nature
    of the research project when she is asked to return to work at the clinic as a member
    of the staff of the research study. She questions the direction that arsenic injections
    and mercury backrubs be replaced by the placebo of heat liniment.32 She is disturbed
    that patients are not told of this withholding of treatment, and that a procedure
    involving obtaining spinal taps, to obtain research specimens, is passed off as
    “backshot” treatment.33

    Initially, nurse Evers accepts the pragmatic view that her engagement in the
    research project is a temporary expedient necessary to obtain restored funding for
    treatment which will be available to all infected patients.34 An apparently significant
    underlying factor in nurse Evers continued participation in the project is her
    deference to the judgment of physicians about the appropriateness of the project.

    With the passage of months and years, new justifications or rationalizations are
    sought by Nurse Evers by which she sought to find, within her understanding, what
    was necessary to care for the men who were participating in the study. Throughout
    her participation in the research project, Nurse Evers accepts the idea that not telling
    the men that they are participating in a study and not receiving treatment is justified
    by their lack of education and likely misplaced fear if they were informed.35
    However, it is the experience of Caleb Humphries, a research subject with whom

    30
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 13-14.

    31
    B. FURROW, ET AL., BIOETHICS: HEALTH CARE LAW AND ETHICS 29-30 (3d ed. 1997).

    32
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 55. Miss Evers

    complains: “I just want to tell the men what’s going on. The straight truth. There’s no
    mercury in those back rubs. They won’t stop bad blood. But you got to stick to it. . . .” Id.

    33
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 55. Miss Evers

    states: “You tell a man a ‘backshot’ is helping him . . . feels like lying. Dr. Brodus I’m giving
    these men back rubs with heat liniment and calling it ‘mercury.’” Id.

    34
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 44. Miss Evers

    receives assurance from Dr. Brodus: “You’ll be able to keep nursing those patients and their
    families and take those men to the hospital free of charges if they get sick and know that
    they’re all signed up, right up front, first in line, when the treatment money comes through.
    . . .” Id.

    35
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 33. Early on Dr.

    Douglas is instructed by Miss Evers to: “Talk personal talk. Respectful. Man to Man. And
    let the ‘facts’ go on vacation for a while.” Id.

    152 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    Eunice Evers, establishes a romantic attachment that becomes a central issue in the
    film. Caleb Humphries places himself before Miss Evers as a patient who has been
    cured of syphilis by penicillin injections.36 This evidence of an available cure of
    syphilis with penicillin treatment creates a significant question for Nurse Evers’
    mind about the propriety of continuing the study of the effect of untreated syphilis.
    Again, Miss Evers, however, defers to the physicians conducting the experiment
    when they assert that penicillin injections would provide a significant danger of
    death to the research subjects because of their advanced stage of the disease.37 The
    film epilogue points out that when the project was halted in 1972, the remaining
    research subjects were given penicillin treatment without any significant side
    effect.38

    Miss Evers also testifies to her awareness that Dr. Douglas at some time avowed
    the position that completion of the project would necessarily involve autopsies of the
    untreated subjects in order for the study to be accepted as a major scientific
    achievement.39 Nurse Evers also reports on her conversations with Dr. Brodus in
    which he justified the study on the basis that it would demonstrate that race was not a
    factor in the cause and treatment of most human medical conditions, and that the
    Tuskegee Study would also establish that black researchers, and the institution with
    which they were affiliated, could conduct significant medical and scientific research.

    The film Miss Evers Boys takes its title from a group of men taking part in the
    project who regularly perform in a music and dance competition.40 One character,
    Willie Johnson, is the star performing dancer who is known as the “best double fly
    stepper” in the area.41 Ben Washington plays the washboard, Hodman Humphries
    slaps the beat while Caleb Humphries plays base.42 The development of symptoms
    of syphilis in these characters, other than Caleb who gains his own access to
    penicillin, provide the dramatization not only of the course of the disease but of the
    history of the project. Willie, the dancer, experiences effects on his skeletal system
    as his bone cartilage deteriorates.43 Another character, Ben, becomes increasingly
    mentally disordered as the virus moves to his brain.44

    Miss Evers herself is emotionally tortured by the development of symptoms in
    her “Boys.” At one point she is driven to steal penicillin to halt the development of

    36
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 69. In the theatre

    script Miss Evers is confronted by Caleb who responds: “We’re here to get a hip shot and that
    penicillin, Nurse Evers.” Id.

    37
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 67. Dr. Brodus

    warns Nurse Evers of the danger of the Herxheimer reaction: “An allergic reaction that could
    kill a chronic syphillic with a single injection of penicillin.” Id.

    38
    MISS EVERS’ BOYS, supra note 6.

    39
    Id. See Feldshuh, supra note 16, at 43.

    40
    MISS EVERS’ BOYS, supra note 6. See Feldshuh, supra note 16, at 28-29.

    41
    MISS EVERS’ BOYS, supra note 6. Feldshuh, supra note 16, at 27.

    42
    MISS EVERS’ BOYS, supra note 6. Feldshuh, supra note 16, at 28.

    43
    MISS EVERS’ BOYS, supra note 6. Feldshuh, supra note 16, at 72.

    44
    MISS EVERS’ BOYS, supra note 6. Feldshuh, supra note 16, at 84-85.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 153

    blindness and mental disorder in one of the research subjects.45 When this patient
    dies following the penicillin injection, Miss Evers becomes reconciled to the
    completion of the project on the terms demanded by the physicians in charge.46

    The romance between Miss Evers and Caleb has no basis in the historical
    record.47 The play on which the film is based was suggested by the monograph Bad
    Blood by James H. Jones which provides a historical account of the Tuskegee
    study.48 In the actual study, Miss Evers was Eunice Rivers Laurie who was the only
    full-time staff member of the study.49 Nurse Rivers performed a crucial role in
    providing a bridge of trust between the research subjects and the medical staff.
    According to James Jones:

    The relationship that evolved between Nurse Rivers and the men played
    an important role in keeping them in the experiment. More than any other
    person, she made them believe that they were receiving medical care that
    was helping them. “She knew them [and] they knew her and trusted her,”
    stated Dr. Heller. “She would keep them satisfied that our intentions were
    honorable and that we were out for the good of the patient.50

    45
    MISS EVERS’ BOYS, supra note 6. Feldshuh, supra note 16, at 89.

    46
    MISS EVERS’ BOYS, supra note 6. Feldshuh, supra note 16, at 92.

    47
    See GRAY, supra note 21, at 111. The author reports on the critical reaction of

    participants in the Tuskegee study on viewing the film:
    The film inaccurately represented the character of Nurse Eunice Rivers. Each of the
    participants after reviewing the film, stated that Nurse Rivers was always professional
    and courteous to them. She did not accompany them to juke joints. The participants
    did not dance, play music, and entertain people at juke joints with Nurse Rivers.
    There is nothing that these men remember observing about Nurse Rivers which would
    indicate that she had a love affair with one or more of the participants as was set forth
    in the film. Nurse Rivers did not give penicillin to one participant and withhold it
    from all others.

    Id.

    48
    Feldshuh, supra note 16. The Author’s Note provides the following significant

    background information about the play, and consequently the screen play based on the play:
    This play was suggested by the book, BAD BLOOD, by James H. Jones (The Free Press,
    1981) and by a number of primary sources including the Senate testimony, medical
    articles and field interviews conducted in Alabama in the 1930’s. The Tuskegee Study
    was a grim reality and Professor Jones’ book is recommended to all who would desire
    a meticulously researched, insightful and absorbing review of it.

    Although MISS EVERS’ BOYS is based on a true event, and although the character of
    Miss Evers was inspired by a nurse involved in the Tuskegee Study, the play is fiction.
    The characters (including that of the nurse), the context, and the incidents of the play
    are products of the playwrights imagination, and any quotations from primary sources
    have been rearranged, reassigned or paraphrased. MISS EVERS’ BOYS is not
    intended to be taken as a factual record of real events or real people.

    Id.

    49
    See E. Rivers, et. al., Twenty Years of Followup Experience in a Long-Range Medical

    Study, 68 PUB. HEALTH REP. 3901 (1953).

    50
    JONES, supra note 5, at 160.

    154 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    While the supportive relationship between the nurse and the research subjects is
    effectively portrayed in the film, the film’s fictional account of the knowledge of the
    nature of the research and her complicity in withholding of available treatment raises
    significant ethical issues not presented by the actual involvement of the nurse who
    participated in the study.

    The film departs from the historical record by portraying Miss Evers, from the
    start, as conflicted about her participation in the research project because of the
    withholding of available treatment.51 According to James Jones, there is no evidence
    in the record to support this portrayal:

    Nurse Evers was not troubled by the duties she performed. Indeed, she
    never thought much one way or the other about the ethics of the
    experiment. She saw herself as a good nurse, one who always did what
    the doctors ordered. Not once did she advocate treating the men. In fact,
    she never raised the matter for discussion. She did not do so, she
    explained because “as a nurse, I didn’t feel that that was my
    responsibility. That was the doctors.” Any other response would have
    been unthinkable for a nurse of her generation argued nurse Evers,
    because “as a nurse being trained when I was being trained we were
    taught that we never diagnosis, we never prescribed; we followed the
    doctor’s instructions!”52

    This significant departure in the film’s depiction of the historical record, while it
    does not foreclose an ethical assessment of the fictional character’s conduct, means a
    factually based judgment on moral responsibility for the Tuskegee study must be
    focused on the physicians as well as the authorizing and monitoring agencies of the
    federal government. In a sense, the film’s character, Miss Evers, makes this point
    when she responds to the chastising remarks of a Senator by charging not only the
    government authorities who authorized and continued the study, but also pervasive
    social racism which treated black men as marginal and expendable research subjects,
    are the real culprits in any finding of ethical lapse attributed to the Tuskegee Study.53

    Nevertheless, it seems appropriate to make a judgment about the ethics of nurse
    Evers as portrayed in the film. From the time of her recruitment to take part in the
    research study, Miss Evers knew that the program involved withholding available
    treatment, and she took part in deceiving the men into submitting to non-therapeutic
    research procedures such as spinal taps.54 She certainly is not exonerated by her
    acceptance of Dr. Brodus’ argument that its study will show that black doctors and

    51
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 43. Miss Evers

    reacts with expressed concern upon initially learning of the intention to study the effects of
    syphilis on untreated patients. Miss Evers exclaims: “Dr. Brodus, I promised the men
    treatment. Now we just going to let ’em go? Just leave ’em with nothing?” Id.

    52
    JONES, supra note 5, at 163.

    53
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 97. Miss Evers

    remarks: “Well, now there’s big blame and there’s little blame. The big blame – that seems to
    be going to the government and those doctors.” Id.

    54
    MISS EVERS’ BOYS, supra note 6. See also Feldshuh, supra note 16, at 55. Dr. Brodus is

    confronted by Evers, who exclaims: “You’re doing the research. I’m doing the zigzagging.”
    Id.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 155

    nurses are as good as their white counterparts. It should have been clear that the men
    in the study were being victimized for the good of science (Dr. Douglas’s assertion)
    or for the good of the race (Dr. Brodus’ claim). Totally ignoring the necessity of
    obtaining voluntary informed consent from patients, nurse Evers only says, “Listen
    to the doctors, because they know.”55 Even if Miss Evers’ embracing of paternalism
    could be understood in the context of the rendering of therapeutic treatment, such an
    attitude can in no way can be justified in the context of non-therapeutic medical
    research. The film character, Caleb Humphries, makes the point of the nurse’s
    complicity dramatically when nurse Evers refuses to admit that the research subjects
    should be considered as candidates for the new penicillin drug that cured him; Caleb
    confronts Miss Evers with the statement: “Yeah I know, doctors know best. But
    they sure got a good one when they got you.”56

    Beyond the personal drama portrayed in Miss Evers Boys, the film identifies two
    pervasive corrosive aspects of medical science in America that demand continuing
    legal intervention: racism and abuse of research subjects.57 The Tuskegee Syphilis
    Study involved approximately 400 individuals who had syphilis and 200 who did
    not; all participants in the study were black.58 The United States Public Health
    Service did not authorize or fund any study involving the study of untreated syphilis
    in whites.59 It seems doubtful that when penicillin became available as a treatment
    that it would have been withheld from white research subjects.

    The fact that the individuals recruited for the Tuskegee Study were poor rural
    tenet farmers with little or no education is offered in the film, as it was by apologists
    for the study, as the reason for not telling the participants about the nature of their
    disease, or that they were not receiving treatment but were, instead, part of a research
    study.60 The fact of the participants vulnerability should have led to greater
    counseling about their situation, not less. The perniciousness of the failure to obtain
    informed voluntary consent from these men is exacerbated by the inducements that
    were given to the men to obtain and to continue their participation.61 Free medical

    55
    MISS EVERS’ BOYS, supra note 6.

    56
    Id.

    57
    See generally S. Thomas & S. Quinn, The Tuskegee Syphilis Study, 1932 to 1972:

    Implications for HIV Education and AIDS Risk Education in the Black Community, 81 AM. J.
    PUB. HEALTH 1498-1505 (1991).

    58
    Id. at 1500.

    59
    H. Edgar, Outside the Community, 22 HASTINGS CENTER REP. 32-35 (1992).

    60
    Thomas, supra note 57, at 1501. The authors report:

    The PHS physicians, believing that their patients would not understand clinical terms,
    did not even attempt to educate them about syphilis. Participants were not informed
    that they suffered from a specific, definable disease that was contagious and
    transmitted through sexual intercourse. Nor were they told that the disease could be
    transmitted from mother to fetus.

    Id.

    61
    Id. (“The PHS also used incentives including fee physical examinations, food and

    transportation. Bunal stipends provided by the Milbank Memorial Fund, were used to gain
    permission from family members for autopsies to be performed on study participants who
    reached ‘end point.’”).

    156 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    care (except for syphilis treatment), free meals, transportation to and from the
    Institute, and money for burial were provided.62

    With public disclosure of the study both the Tuskegee Institute and the Public
    Health Service attempted to limit its responsibility to the 1930 period when the study
    was authorized and when existing penicillin treatments were ineffective or
    dangerous.63 Public discussion of the study followed the 1972 publication of a report
    by an Ad Hoc Advisory Panel to investigate the establishment of the Tuskegee
    Syphilis Study established by the Department of Health, Education and Welfare in
    1969 with directions to:

    1. Determine whether the study was justified in 1932 and whether it should
    have been continued when penicillin became generally available.

    2. Recommend whether the study should be continued at this time, and if not,
    how it should be terminated in a way consistent with the rights and health
    needs of its remaining participants.

    3. Determine whether existing policies to protect the rights of patients
    participating in health research conducted or supported by the Department of
    Health, Education and Welfare are adequate and effective and to recommend
    improvements in these policies, if needed.64

    The scope of the mandate to the Ad Hoc Advisory Panel has been criticized for
    failure to direct it to make specific findings about the lack of informed consent, the
    basis for withholding penicillin, racial discrimination in the selection of research
    subjects, and possible liability to the research subject.65

    Despite some criticism and skepticism about the Ad Hoc Advisory Panel, it did
    find that while a short term demonstration project in 1932 might have been justified,
    the study as it continued past 1936 was “scientifically unsound and its results are
    disproportionately meager composed with known risks to the human subjects
    involved.”66 Further, the Panel found that penicillin therapy should have been made
    available to the participants no later than 1953.67 As to its third charge, the Panel

    62
    See A. Brandl, Racism and Research: The Tuskegee Syphilis Study, 8 HASTINGS CENTER

    REP. 21-29 (1978).
    [B]ecause it proved difficult to persuade the men to come to the hospital when they
    became extremely ill, the USPHS promised to cover their burial expenses. The
    Milbank Memorial Fund provided approximately $50 per man for this purpose
    beginning in 1935. This was a particularly strong inducement as funeral rites
    constituted an important component of the cultural life of rural blacks. One report of
    the study concluded:
    “Without this suasion it would, we believe have been impossible to secure the
    cooperation of the group and their families.”

    Id. at 25.

    63
    JONES, supra note 5, at 208. (“The [Tuskegee] Institute acknowledged that its medical

    facilities and personnel had been used in the study, but emphasized that cooperation have been
    limited to the 1930’s . . .”).

    64
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 1.

    65
    Brandl, supra note 62, at 26-27.

    66
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 12.

    67
    Id. at 9.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 157

    recommended development of a program of regulation of federally funded and
    authorized medical research.68 Two of the findings of the study specifically
    addressed the need to protect research subjects, and the need to avoid racism and
    exploitation of vulnerable subjects.69 As to the concern about vulnerable patients and
    the need to eliminate racism, the Panel observed:

    History has shown that certain people under psychological, social or
    economic duress are particularly acquiescent. These are the young, the
    mentally impaired, the institutionalized, the poor and persons of racial
    minority and other disadvantaged groups. These are people who may be
    selected for human experimentation and who, because of their station in
    life, may not have an equal chance to withhold consent.70

    The Panel evidenced appropriate sensitivity to the development of increased
    concern about the need to protect research subjects. Specifically, the Panel
    suggested that it was axiomatic of ethical medical research that it involve only
    subjects who have given informed voluntary consent to the research procedures or to
    treatment which the subject will receive; the Panel stated:

    The judgments in 1973 about the conduct of the Tuskegee Study in 1932
    are made with the advantage of hindsight, acutely sharpened over some
    forty years concerning an activity in a different age with different social
    standards. Nevertheless, one fundamental ethical rule is that a person
    should not be subjected to avoidable risk of death or physical harm unless
    he freely and intelligently consents. There was no evidence that such
    consent was obtained from the participants in this study.71

    Beyond its judgmental findings about the inappropriateness and inadequacies of
    the Tuskegee Syphilis Study, the report of the Ad Hoc Advisory Panel included
    valuable recommendations for establishing a program of review and monitoring of
    human subjects, medical research receiving federal funding or authorization.72 The
    Panel suggested the establishment of a federal agency to regulate all federally
    supported research involving human subjects.73 In addition, the Panel suggested the
    development of a two prong process of review of proposals by groups established by
    the research institutions.74 A group of biomedical professionals should determine the
    scientific merits of any research programs, and a protocal review group or
    institutional review board, consisting of professionals and lay persons, should
    determine the adequacy of protections of human subjects involved, including the
    quality of informed consent to be obtained from the research subjects.75 The panel

    68
    Id. at 23-24.

    69
    Id. at 23.

    70
    Id. at 12.

    71
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 12.

    72
    Id. at 23-24.

    73
    Id.

    74
    Id. at 24.

    75
    Id.

    158 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    also made recommendations relating to compensation for research subjects harmed
    as a result of their participation, on-going review of research projects, and
    specifications about the structure and compensation of local institutional review
    boards.76

    Public response to newspaper reports of the abuses involved in the Tuskegee
    Study led to two months of hearings in 1973 by a United States Senate
    Subcommittee on Health chaired by Senator Edward Kennedy.77 It is these hearings
    that provide the basis for the framework in which the narrative of Miss Evers Boys is
    developed. In fact, the Senate hearings resulted in enactment of the National
    Research Act of 1974 which aimed at protection of subjects in human
    experimentation by mandating institute review board approval of all federally funded
    research with human subjects.78 The Act required:

    [T]hat each entity which applies for a grant, contract, or cooperative
    agreement under this chapter of any project or program which involves
    the conduct of biomedical or behavioral research involving human
    subjects submit . . . assurances satisfactory to the Secretary [of Health
    Education and Welfare] that it has established a board (to be known as an
    “Institutional Review Board”) to review biomedical and behavioral
    research involving human subjects conducted at or sponsored by [the
    institution in order to protect the rights of the human subjects of
    research].79

    The Act also established the National Commission for the Protection of Human
    Subjects of Biomedical and Behavioral Research, which was directed to identify the
    ethical standards that should govern research involving human subjects.80

    The findings and recommendations of the National Commission were published
    in what has become to be referred to as the Belmont Report.81 The principles
    identified in the Belmont Report continue to provide guidance for medical research.
    The report distinguished medical therapy from research and set out the principal
    values guiding research including: respect for persons, beneficence and justice.82
    Respect for persons requires respect for individual autonomy and protection of

    76
    AD HOC ADVISORY PANEL REPORT, supra note 7, at 23-24.

    77
    Quality of Health Care: Human Experimentation, Hearings Before the Subcomm. on

    Health of the Comm. on Labor and Public Works, 93d Cong. (1973).

    78
    The National Research Act, amended as the Public Health Service Act of 1974, Pub. L.

    No. 93-348, 88 Stat. 342 (codified as amended at 42 U.S.C. §§ 201 to 300aaa-13) (2001).

    79
    42 U.S.C. § 289(2)(a) (2001).

    80
    § 289(1)(i) (1982). This section expired with the completion of the Commission’s

    report. Id.

    81
    THE NAT’L COMM’N FOR THE PROT. OF HUMAN SUBJECTS OF BIOMEDICAL AND

    BEHAVIORAL RESEARCH, U.S. DEP’T OF HEALTH, EDUC. AND WELFARE, PUB. NO. (OS) 78-0012,
    THE BELMONT REPORT: ETHICAL PRINCIPLES AND GUIDELINES FOR THE PROTECTION OF HUMAN
    SUBJECTS OF RESEARCH (1978).

    82
    Id. at 4-8.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 159

    vulnerable subjects.83 Beneficence requires protection from harm and action to
    secure the well-being of research subjects.84 Justice requires selection of research
    subjects on a basis that is relative to the question under study.85

    The report of the Ad Hoc Advisory Panel in the Tuskegee Syphilis Study and the
    subsequent Senate hearings were not without their critics. For example, one medical
    research emphasized the limited knowledge of effective therapy for syphilis when
    the experiment began and the lack of established benefit of penicillin to subjects in
    the late stages of syphilis by the time of its widespread availability in 1950.86 Others
    have maintained there is no reason to believe that the subjects would have otherwise
    been treated for syphilis.87 One defender of the project argued: “The lack of
    treatment was not contrived by the United States Public Health Service but was an
    established fact of which they proposed to take advantage.”88 Finally, the charge of
    racism has been denied by defenders and by the medical researchers involved in the
    project, one of whom stated:

    I don’t see why they should be shocked or horrified. There was no racial
    side to this. It just happened to be in a black community. I feel this was a
    perfectly straightforward study perfectly ethical, with controls. Part of our
    mission as physicians is to find out what happens to individuals with
    disease and without disease.89

    The charge of racism as being a pervasive aspect of the Tuskegee Study was at
    the center of a lawsuit, filed on July 24, 1973, on behalf of the survivors of the
    Study, and the heirs and representatives of the participants who had since died,
    against the various federal government agencies, the State of Alabama, the private
    foundation that provided original funding, and individual physicians working for the
    United States Public Health Service.90 In addition to several charges that dealt with
    failure to obtain voluntary informed consent and to provide treatment according to
    the recognized standard of care, the plaintiffs’ lawyers maintained that: “The Study
    was racially motivated and it discriminated against African Americans in that no
    whites were selected to participate; and, the Study only recruited those who were
    poor, uneducated, rural and African American.”91 After several court hearings, the
    attorneys representing the research subjects and their survivors and the attorneys for

    83
    Id. at 4-6.

    84
    Id. at 6.

    85
    Id. at 8.

    86
    R.H. Kampmeier, The Tuskegee Study of Untreated Syphilis, 65 S. MED. J. 1247-51

    (1972); Final Report on the Tuskegee Study, 67 S. MED. J. 1349-53 (1974).

    87
    Debate Revives on the PHS Study, MED. WORLD NEWS, April 19, 1974.

    88
    Id. at 37 (quoting Dr. Charles Barnett of the Stanford University Medical School).

    89
    MED. TRIB. Aug. 23, 1972, at 14 (quoting Dr. J.R. Heller who participated in the

    Tuskegee Study).

    90
    Pollard v. United States, 69 F.R.D. 646 (M.D. Ala. 1976). See also Pollard v. United

    States, 384 F. Supp. 304 (M.D. Ala. 1974).

    91
    F. GRAY, BUS RIDE TO JUSTICE 285 (1995).

    160 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    the United States reached a monetary settlement of $10 million out of which each
    surviving subject was to be paid $37,500, each heir or representative of a diseased
    subject received $15,000, each of the members of the control group received
    $16,000, and the heir or a representative of each control subject received $5,000.92

    The attorney who brought the lawsuit, Fred D. Gray, also provided a forum for
    criticism of the film Miss Evers’ Boys.93 A group of the surviving subjects of the
    Study were asked by Mr. Gray to view the film and to discuss their reactions; this
    discussion provided the basis for a press conference in April of 1997 in which a
    series of objections to Miss Evers’ Boys were set out.94 Basically, the participants
    felt the film did not accurately portray them or the circumstances under which they
    participated in the Study.95 For example, the film suggests the men were originally
    enrolled in a treatment program that was discontinued only when funding became
    unavailable.96 The participants maintained they were never treated for syphilis until
    the Study was ended.97 The film is criticized for its portrayal of Dr. Brodus as an
    African-American physician who serves as a supervisor of the Study and as the
    immediate supervisor of Nurse Evers.98 According to the participants, all of the
    Study’s supervisors and examining physicians were white.99 According to the
    participants’ criticism:

    [T]he entire film shifts the responsibility for the Study from the federal
    government to an African American doctor and an African American
    nurse. The Study was conceived, financed, executed, and administered by
    the federal government. The African American medical professionals
    who participated in it were victims as well as the 623 African American
    participants.”100

    The participants also fault the lack of depiction of the role of health agencies in
    Alabama for their role in failing to provide penicillin treatment to the research
    subjects.101

    The research subjects criticize the film for what they felt was stereotyped
    portrayal of the participants as carefree, dancing, singing “shuffling sams” instead as
    hard-working, reputable persons in the community.102 The participants also

    92
    L. Palmer, Paying for Suffering: The Problem of Human Experimentation, 56 MD. L.

    REV. 604, 610 (1997).

    93
    GRAY, supra note 21, at 109-12.

    94
    Id. at 109.

    95
    Id. at 109-12.

    96
    Id. at 110.

    97
    Id.

    98
    GRAY, supra note 21, at 110.

    99
    Id.

    100
    Id.

    101
    Id.

    102
    Id. at 110-11.

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 161

    criticized the film for its portrayal of the Nurse, Eunice Rivers (“Miss Evers”) as
    involved in a romantic relationship with one of the subjects, as accompanying
    participants to dance competitions or as directly involved in denying penicillin to any
    subject; instead, the participants maintained the nurse was always “professional and
    courteous.”103 Because much of the discussion by viewers of the film will
    necessarily involve evaluations of ethical and professional aspects of her conduct, it
    is important to consider what Fred Gray has to say about the portrayal of the nurse in
    Miss Evers’ Boys:

    The interesting thing about Miss Eunice Rivers is that if you asked any
    of its participants in the experiment, including those seven who are still
    alive, what they thought about her, the response was unanimous. Every
    one of them believed that she was a fine person, she was a professional,
    and she treated them fairly. As a matter of fact, Charlie Pollard, Herman
    Shaw, Fred Simmons, and Carter Howard, after viewing Miss Evers’
    Boys, were astonished, because they felt Miss Evers was improperly
    projected in that movie. They did not believe that she treated any one of
    the participants better than another, or that she had a love affair with one
    of them, or that she took them to night clubs, danced and drank corn
    liquor with them.104

    The comments of these participants in the Study raise a larger question about films
    that purportedly portray historical events through dramatization that involves
    conflation of large numbers of people into a few characters and that fictionalize
    aspects of various characters in order to develop the narrative or portray a specific
    viewpoint.105

    Despite any shortcomings of the film, the dramatization of the Tuskegee Study
    confronts the reviewer with stark evidence of abuse of research subjects occurring in

    103
    GRAY, supra note 21, at 111.

    104
    Id.

    105
    See R.B. TOPLIN, HISTORY BY HOLLYWOOD: THE USE AND ABUSE OF THE AMERICAN

    PAST (1996). The author sets out the basic issues about the relationship between film
    depictions and historical representation; according to Toplin:

    If we hold cinematic historians strictly to the standards of most written history, we are
    almost certain to be disappointed, for filmmakers must attend to the demands of drama
    and the challenges of working with incomplete evidence. In crating historical dramas,
    they almost always need to collapse several historical figures into a few central
    characters to make the story understandable. Often they are pressed to simplify
    complex causes so that audiences will comprehend their movies’ principal messages
    and not lose interest, and the dramatic medium often leads them to changes in history
    to the actions of dynamic individuals rather than to impersonal forces. Cinematic
    historians often lack detailed evidence about situations in the past, so they invent
    dialogue and suggest impressions about the emotions and motivations of historic
    figures. Also, they suggest closure on a story, revealing few doubts, questions, or
    considerations of alternative possibilities.

    Id. at 10.

    162 JOURNAL OF LAW AND HEALTH [Vol. 15:147

    the name of scientific research and of the racism that has and continues to exist in
    medical research and delivery of treatment.106

    Without asserting any causal relationship, it is interesting to note that the initial
    showing on February 22, 1997, of the film Miss Evers’ Boys was followed by a
    ceremony at the White House on May 16, 1997, at which President Clinton
    apologized for the federal government’s role in its Tuskegee Syphilis Study.107 The
    President acknowledged the wrongs embodied in the Tuskegee Study which he said
    included racism in medical care, misconduct in human research and the arrogance of
    researchers.108 The President addressed the harm done to the public’s confidence in
    the integrity of medical research: “The legacy of the study at Tuskegee…has
    reached far and deep, in ways that hurt our progress and divide our nation.”109 The
    President went on to address the living subjects of the Tuskegee project: “What was
    done cannot be undone. But we can end the silence. We can look you in the eye and
    finally say on behalf of the American people, what the United States government did
    was shameful, and I am sorry.”110

    The Tuskegee study is perhaps the most notorious example of abuse in medical
    research in the United States. It is significant that the project was not ended until
    twenty-five years after the adoption of the Nuremberg Code of 1947, the first article
    of which establishes its principle that human subjects should not be experimented on
    without their consent.111 Continuing concern about the ethics of medical and

    106
    See L. PALMER, SUSCEPTIBLE TO KINDERS: MISS EVERS’ BOYS AND THE TUSKEGEE

    SYPHILIS STUDY (1994) (Study Guide for Discussion Leaders); Videotape: Susceptible to
    Kinders: Miss Evers’ Boys and the Tuskegee Syphilis Study (Cornell University 1994) (on
    file with the Cornell University Library). The video examines the ethical issues raised by the
    Tuskegee Study through selected scenes from a performance at Cornell University of the play
    Miss Evers’ Boys by David Feldshuh. Id. These scenes are intercut with interviews and
    commentary, historical footage and photographs related to the study and the ethical issues it
    raises. Id. These materials raise a number of issues including personal and professional
    ethics, the relationship between law and medicine, as well as matters involving issue of race,
    gender and socio-economic status as they pertain to the vulnerability of subjects of medical
    research.

    107
    V. Gamble, Under the Shadow of Tuskegee: African Americans and Health Care, 87

    AM. J. OF PUB. HEALTH 1773, 1778 (1997).

    108
    Id. at 1773.

    109
    Id.

    110
    J. Harris & M. Fletcher, Six Decades Later, an Apology: Saying I’m Sorry, President

    Calls Tuskegee Experiment ‘Shameful’, WASH. POST, May 17, 1997, at A1.

    111
    See FURROW, ET AL., BIOETHICS 379. The first requirement of the Nuremberg Code

    provides that:
    The voluntary consent of the human subject is absolutely essential.
    This means that the person involved should have legal capacity to give consent; should
    be so situated as to be able to exercise free power of choice, without the intervention
    of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of
    constraint or coercion; and should have sufficient knowledge and comprehension of
    the elements of the subject matter involved as to enable him to make an understanding
    and enlightened decision. This latter element requires that before the acceptance of an
    affirmative decision by the experimental subject, there should be made known to him
    the nature, duration, and purpose of the experiment, the method and means by which it

    2000-01] LESSONS TAUGHT BY MISS EVERS’ BOYS 163

    scientific research have been fueled by finding about other research abuse such as the
    radiation experiments in the 1940’s and 1950’s that involved subjects being injected
    with plutonium without their knowledge and feeding of radioactive oatmeal to
    retarded children.112 Other projects involving withholding of medicine from
    schizophrenics suggest the need to give additional attention to the projection of
    vulnerable subjects.113 A halt in gene-therapy research following the allegation of
    inadequate reporting of adverse reactions in research subjects has roused anew issues
    about the adequacy of the informed consent obtained from patients and the
    sufficiency of government monitoring of medical research.114 The film Miss Evers’
    Boys confronts the viewer with the need for continued regulation and policing of
    medical and scientific research by adequate laws affecting administration by
    effective and vigilant independent government agencies.115 Miss Evers’ Boys serves
    as a significant reminder of the inadequacy of benevolence as a restraint on abuse by
    scientists, and of the need for legal protection of human subjects in medical research.

    is to be conducted; all the inconveniences and hazards reasonably to be expected; and
    the effects upon health or person which may possibly come from his participation in
    the experiment.
    The duty and responsibility for ascertaining the quality of the consent rests upon each
    individual who initiates, directs or engages in the experiment. It is a personal duty and
    responsibility which may not be delegated to another with impunity.

    Id.

    The Nuremberg Code was elaborated upon and adopted by the World Medical Association
    in the Declaration of Helsinki in 1964. Id. at 380. The Helsinki Declaration distinguishes
    between therapy, non-therapeutic research, and clinical research which combines research and
    therapy. Id. The Declaration requires informed written consent in medical and clinical
    research and provides for special protection of vulnerable subjects. Id.

    112
    ADVISORY COMMITTEE ON HUMAN RADIATION EXPERIMENTS, TIME REPORT 248, 320

    (1995).

    113
    See NAT’L BIOETHICS ADVISORY COMM’N, RESEARCH INVOLVING PERSONS WITH

    MENTAL DISORDERS THAT MAY AFFECT DECISIONMAKING CAPACITY, VOL. I (1998).

    114
    See Peter Gorner, Gene Therapy Furor Ends Hemophilia Experiment, CHI. TRIB., Feb.

    8, 2000, at 1.

    115
    See G. Annas, Regs Ignored In Research, NAT’L L. J. Nov. 15, 1999, at A20. The

    author reports:
    The most recent study which appeared in the Oct. 11 [1999] issue of U.S. News and
    World Report, found that in 1,000 spot-checks carried out by the Food and Drug
    Administration, 213 researchers failed to obtain informed consent; 364 failed to follow
    their approved research plan; and 140 did not report adverse reactions of their test
    subjects.

    Id.

      Cleveland State University
      EngagedScholarship@CSU
      2001

    • Lessons Taught by Miss Evers’ Boys: The Inadequacy of Benevolence and the Need for Legal Protection of Human Subjects in Medical Research
    • Donald H.J. Hermann
      Recommended Citation

    • Microsoft Word – 336496-text.native.1365610588

    Calculate your order
    Pages (275 words)
    Standard price: $0.00
    Client Reviews
    4.9
    Sitejabber
    4.6
    Trustpilot
    4.8
    Our Guarantees
    100% Confidentiality
    Information about customers is confidential and never disclosed to third parties.
    Original Writing
    We complete all papers from scratch. You can get a plagiarism report.
    Timely Delivery
    No missed deadlines – 97% of assignments are completed in time.
    Money Back
    If you're confident that a writer didn't follow your order details, ask for a refund.

    Calculate the price of your order

    You will get a personal manager and a discount.
    We'll send you the first draft for approval by at
    Total price:
    $0.00
    Power up Your Academic Success with the
    Team of Professionals. We’ve Got Your Back.
    Power up Your Study Success with Experts We’ve Got Your Back.

    Order your essay today and save 30% with the discount code ESSAYHELP