Children Past 22
weeks Gestational Age Very Sensitive to Painful
Stimulus, Doctor Testifies
Part Two of Three
Editor’s note. The
following are excerpts from Dr. Michael Cotter’s
February 16 testimony to the Kansas House Federal &
State Affairs Committee. Dr. Cotter was speaking in
favor of HB 2218.
Chairman Brunk and
members of the Committee,
My name is Dr.
Michael Cotter. I have been asked to provide expert
medical testimony regarding the subject of fetal pain in
unborn human beings older than 22 weeks gestational age.
…
I can testify that
children past 22 weeks gestational age experience clear
physical signs of discomfort and are very sensitive to
painful stimulus. At somewhere around 18 to 24 months of
age, most children develop the ability to communicate
that they are experiencing pain with words. Prior to
that, pain is typically identified by observing certain
physical signs, a list of which includes, but is not
necessarily limited to: crying, thrashing, painful
appearing facial expressions or grimacing, changes in
vital signs (heart rate, respiratory rate and blood
pressure) and physical withdrawal from painful stimulus
(for example, pulling a body part away from a needle
when the skin is poked). I can testify that in my
experience, children past 22 weeks gestation, without
exception, experience these physical findings which even
a non-medical professional would be able to identify as
pain.
[Dr. Cotter
offered a series of examples].
It can be argued
that premature infants in fact experience more pain than
their older counterparts. The more premature a newborn
is, the less “state control” they have. State control
can be understood as a child’s ability to shut out
stimuli. The cause of this is a lack of neurologic
“coordination” in a young infant’s nervous system. …That
lack of state control is even more pronounced in preterm
infants. …Painful stimuli in my experience cause more
intense responses than non-painful stimuli.
It is worth noting
that many (if not all) Newborn Intensive Care Units
utilize some type of scoring system to quantify the pain
experienced by preterm newborns. … [T]he earlier the
gestational age (23 weeks for example), the higher score
they receive. These are all industry accepted,
standardized, and objective measures that are used by
neonatal health care providers to rate a preterm
infant’s pain.
Human beings past
22 weeks gestational age have a similar response to
painful stimulus whether they are born or not yet born.
Babies are not born with an “on / off switch” that is
pushed to activate their central and peripheral nervous
system after they are delivered. The only difference is
that the response to these noxious stimuli are not as
easily observable when the fetus is in utero. Recent
medical advances in fetal surgery now allow for surgery
to be performed on a fetus while still in its mother’s
womb. Our current knowledge of fetal development and the
development of the fetal nervous system has prompted
anesthesiologists to provide anesthesia to fetuses
during these procedures.
While I feel
competent to testify as to the evidence of pain felt by
23 week gestational age newborns based on my direct
clinical experience, I lack the basic science expertise
to testify as to the exact minimum age of gestation
where a fetus can feel pain. Nevertheless, it is
reasonable, from my understanding of general Embryology
to assume that pain is perceived well before 22 weeks of
gestation. Requisite elements of the fetal nervous
system are in place well before then. Furthermore, the
process of organ system development in a fetus is a
gradual process. The perception of pain is probably best
thought of as a gradually increasing capability, much
like the gradual turning on of a light with a dimmer. In
my clinical experience, all I can say is that the light
appears clearly on at 22-23 weeks. …
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Part Three
Part One |