LUCASSEN 2005. Families & Genetic Testing - The Case of Jane & Phyllis
LUCASSEN 2005. Families & Genetic Testing - The Case of Jane & Phyllis
LUCASSEN 2005. Families & Genetic Testing - The Case of Jane & Phyllis
We share much of our genetic make-up with members of our biological family.
This means that genetic information about one person is also sometimes, to a
greater or lesser extent, information about that person’s relatives. A genetic
test can sometimes therefore diagnose or predict disease not only in the
individual tested but also in his or her biological relatives.
The familial nature of the information produced by genetic tests raises
questions about the legal and ethical obligations of healthcare professionals
to disclose or withhold genetic information about patients to their at-risk
relatives. Such questions are brought into sharp focus by clinical genetic
situations in which different members of the same family are all ‘patients’
of one clinician but each attends the clinic independently with separate issues
and agendas that need to be addressed. In such situations each patient is owed
a duty of care by that clinician, who may feel pulled in different directions by
the differing needs of the family members, and may feel unclear about how to
prioritise each. Such questions are particularly difficult when family mem-
bers are in conflict but they also arise when members have simply lost touch
with each other. In such cases, there can be an ethical conflict between
preserving the confidentiality of one patient on the one hand and the right
of other family members to know information about their genetic status and
risk of disease on the other.
Such problems are not new. The speciality of clinical genetics has always
dealt with families, and with the tensions or lack of contact between family
members. Different opinions within families are certainly not new. However,
in the past, and until relatively recently, the only advice geneticists were able
to provide consisted largely of estimates of risk of inheriting or transmitting
a particular genetic condition. With the advent of genetic testing for an
increasing number of conditions, it is now possible in some cases to infer
or produce reasonably accurate information about actual inheritance.
In some cases, the ability of a genetic test to deliver useful prognostic or
predictive information to an individual patient is dependent on the prior
Case Analysis in Clinical Ethics, ed. Richard Ashcroft, Anneke Lucassen, Michael Parker,
Marian Verkerk, Guy Widdershoven. Published by Cambridge University Press.
# Cambridge University Press 2005. 7
8 Anneke Lucassen
Jane’s story
I have always known that most women in my family develop breast cancer,
usually at a young age, and that they eventually die from it. I suppose when
I was in my teens and twenties I knew it but it seemed remote to me. Once
I reached my thirties and had my own two daughters things started to feel
different. I worried more about developing cancer and about not being there
for my girls. I worried that they too might have got our family curse. While
my girls were little I always had other things to think about, but now that
they’re a bit older I think about it all the time.
The worries often loom large in the early hours when I lie awake fretting.
My husband eventually persuaded me to see the doctor. He said I should go
to see her because I didn’t know what could be done these days and that
treatments must be different from when mum and her mum developed
cancer. At about the same time I also saw an article in the newspaper about
genetic testing for women like me and I went to ask my GP about it. She was
very good and gave me a lot of time. She talked a bit about mammograms and
how to examine my own breasts. She didn’t know much about genetic testing
but said she’d refer me on to a specialist.
After several weeks of waiting I was sent a family history questionnaire to
fill in. It asked about details of the cancers in my family, which hospitals my
relatives had been treated at, how old they were and all sorts of other
questions. I spent days filling it in. I found it hard and upsetting to complete.
Families and genetic testing: Jane and Phyllis 9
After several months I finally got an appointment to see the specialist. She
told me that it did sound like there was a rogue gene in my family that could
explain all the cancers. She gave me lots of information, most of which I don’t
remember now, but I do remember her saying that there is a possibility that
I may not have inherited the rogue gene. My mum had two copies of the gene
and only one was faulty. When mum had us, she only passed on only one
copy, either the normal one or the faulty one, so it was ‘heads or tails’ each
time she had a child. If I didn’t get it, I’m unlikely to get cancer young; if I did,
then I probably will. The only problem is that we can’t really tell whether
I have or haven’t got the relevant gene as the tests aren’t yet very good. In
order for me to have an accurate test, the researchers would first need to find
the particular rogue gene in an affected person in my family since each family
can have a slightly different type of rogue gene. For the test to be accurate in
me, they need to know exactly which gene fault they are looking for before
they test me for it. If they tested me without this first bit of information, and
I tested negative, it could mean that I hadn’t got mum’s rogue gene but, and
this was the big but, it could also mean that I had got it but the researchers
had not been able to find it because their tests aren’t good enough to pick up
all the different types of gene faults.
If they knew what to look for, they’d be able to offer me a straight ‘yes’ or
‘no’ answer; but if they don’t, a test isn’t really going to help me to decide not
to have an operation. Since all the women in my family seem to die from cancer
rather quickly there is no-one who is affected that I can ask to undertake this
first stage test. Without this, testing me seems like a bit of a ‘don’t know’ test.1
At the end of the meeting, the doctor said it might help if I got some more
information about mum’s relations. I think that Great Uncle Stan emigrated
to Australia in the 1970s and the doctor said finding out if maybe he had had
any daughters with breast cancer who were still alive could be helpful. I know
very little about mum’s family really as I was only 21 when she died. I was her
baby and I think she didn’t want to tell me things that she thought might
upset me. I did know Auntie Phyllis was still alive although I hadn’t seen her
since mum died.
When I asked him, Uncle George told me Phyllis still lived in the same
house, but when I finally got in touch with her she didn’t really have any more
information. She’s a rather grumpy thing. She and mum had some row over
money and she went on about mum being the spoilt one. I found the visit
rather depressing. She looked old and not very well but she’s only in her 50s.
By the time I went for my second appointment at the genetics clinic I’d
done loads of reading around the subject and talked to a woman who ran a
support group who had a very similar story to mine. She had had an
operation called a prophylactic mastectomy, which removes almost all of
your breasts so that you can’t develop cancer in them. The genetics doctor
said that there was evidence to show that women like me who had this
10 Anneke Lucassen
operation probably did better than women who just examined themselves
and had mammograms. To be honest, I was already pretty convinced this was
the way to go before that, especially as my husband also thought this was a
good idea, but also because genetic testing in me probably wasn’t really going
to be that helpful for a few years yet. I just thought, if I have the operation
then I can stop worrying. I was so fed up of having this gnawing anxiety
constantly in the back of my head.
Phyllis’s story
I knew I was doing pretty well to get to 50 without developing cancer, all the
other women in the family had got it much before that, but when I felt the
lump in my breast I knew straight away that it was cancer.
Everything moved very quickly – before I knew it I’d had the operation and
I was told I was ‘doing very well’. The oncology doctor looking after me was
young and very energetic. He said that because I had so many relatives with
cancer that the cancer might be due to something I’d inherited. He said a
blood test might show this. If it did show it then he would probably suggest
a different treatment than if it didn’t. I don’t think he ever asked whether
I wanted the test, he just took the blood sample. About a year later when I’d
clean forgotten all about it, I got a letter from him saying that the test had
found something and that he’d send me on to some genetic people to talk
about it. To be honest I found the genetic people were rather wishy-washy.
They never seemed to have a clear ‘yes’ or ‘no’ answer to my questions. They
said the result was a faulty gene, but that there wasn’t good enough evidence
to show that it should alter my treatment in any way, especially as I was now
well. They were more interested in my relations who hadn’t got cancer, which
was a bit of a cheek. I told the doctor how I’d nursed my mother and my sister
when they were dying. Neither of them thanked me for it. My sister and I had
a huge row about money just before she died – it was dreadful. I wasn’t even
mentioned in her will and the family completely ignored me afterwards.
I don’t feel I owe them anything. So no, I wasn’t happy with them letting
others know of my test result. I’m not in touch with them. It is my result, not
anyone else’s business. I’m fed up with being blamed for anything that goes
wrong in our family.
I first realised there was a problem when I got the letter from the clinical
geneticist. Phyllis wasn’t happy to divulge the result of genetic testing to her
family members, but in theory the result could be used by her niece, Jane, to
Families and genetic testing: Jane and Phyllis 11
I can see that a genetic test is unusual because it can reveal information
about people other than those who actually have the test. Nevertheless,
ultimately I am responsible for the patient in front of me and if I have
evidence to suggest that my treatment of a cancer might be different depending
on the result of a genetic test then I think it appropriate to do that test
without having to seek the consent of other relatives who might also have an
interest in the result of that test. I do think it is appropriate for the geneticists
or counsellors to try to facilitate discussion between the two women. But at
the end of the day we shouldn’t have to consider the effects of a test on all
family members before proceeding with it, that’s just not practical or feasible.
Jane attended the genetics clinic asking for a genetic test to see whether she’d
inherited her family trait for breast cancer. She’d read about genetic testing in
a magazine, but unfortunately the magazine had not spelt out the current
limitations of such testing. I told her that at present genetic testing for breast
cancer susceptibility is a two-stage process. In order for her to have a test that
tells her whether or not she has inherited a familial trait for breast cancer
(a predictive test) a first-stage test must be done on an affected family member
which will then enable a subsequent test on Jane herself to provide a definitive
yes/no answer (a diagnostic test).
Without a predictive test on an affected family member with breast cancer
that would be able to identify a causative or pathogenic mutation, a diag-
nostic test on Jane would have a very low sensitivity. This is because there are
at least two and probably more different genes that, if mutated, cause a high
risk of breast cancer. Hundreds of different mutations in these genes in
different families have been described. Current technologies can at best
pick up 70–80% of these mutations and in fact most testing in this country
detects a smaller percentage. This means that testing Jane directly is unlikely
to help her decide against a prophylactic mastectomy: a negative test would
not usefully distinguish between whether the mutation was not present (that
she has not inherited it) or whether it had simply not been identified due to
the limitations of current techniques. So a ‘negative’ result could not reliably
be taken to mean she had a reduced chance of having inherited the cancer
trait. However, a negative predictive test, if the diagnostic test had already
shown up the relevant mutation in Jane’s family, could accurately tell her that
her risk of breast cancer is now roughly the same as that in the general
population. Although this risk is roughly equal to a 1 in 10 chance in a
woman’s lifetime, sporadic cancers are usually late-onset and Jane could
therefore be reassured that her chances of developing young-onset cancers
seen in her family were extremely low, and we would advise against prophylactic
Families and genetic testing: Jane and Phyllis 13
surgery. Predictive testing, as the magazine suggested, can be highly accurate, but
it is not informative if we don’t know which particular mutation we’re looking
for, and for that we need to find the mutation in an affected relative.
When I first met Jane she told me that all her relatives who had had cancer
were long since dead. Only later were we referred Phyllis, together with her
BRCA1 mutation result. This doesn’t happen that often, as we usually initiate
testing, but there are a few keen oncologists around who feel they might as
well send the test off if there is a strong family history. When this has
happened before there hasn’t usually been an issue about disclosing the result
to other family members since that is usually the main motivation for doing
the test. However, it is clear that the test result does also have implications for
Phyllis. It now gives her a clearer risk of ovarian cancer (up to a 60% chance
in her lifetime) and she may want to consider a prophylactic oophorectomy
to reduce her risk. If and when there is good evidence to suggest that the
treatment of gene-mutation-related cancers is different from that of sporadic
cancers, then I guess this situation will happen more often.
Usually, in cases where the diagnostic test has revealed a pathogenic mutation,
we’d leave the onus up to the person we see to contact their relatives and
inform them of the possibility of a predictive test. We feel we cannot directly
approach people who have not been referred to us. Of course we have no idea
how often such subsequent communication simply never takes place, leaving
people with a large degree of uncertainty, or even ignorance, about whether
or not they will develop young-onset breast cancer, which could, in theory, be
removed by a predictive genetic test. But we also do not know how many
women in this situation would want to know the genetic nature of the
condition in an affected family.
In this case, however, the two women were referred to us independently
and were both patients of the regional genetics service. I saw Jane and my
colleague saw Phyllis. It was not until a case conference that we realised the
two were related. By that time I’d spelt out the problems of genetic testing to
Jane which included an explanation of the fact that she couldn’t have a useful
predictive test unless we could first find the pathogenic mutation in an
affected relative. She’d even sought Phyllis out and spoken to her but
Phyllis hadn’t told her about her cancer or her test result. We couldn’t
therefore fudge the issue with Jane. She’s an intelligent woman; if we’d
suddenly said ‘Oh we can do a test after all’ – and just looked for the mutation
that we knew to be present in Phyllis – then Jane would have realised that we
must have information from one of her relatives and she’d probably have
been straight round to Phyllis.
I can see that it would be breaking Phyllis’s confidentiality to tell Jane. It’s
true that there is not yet any research evidence that clearly shows that women
who are likely to have one of these dominant breast-cancer genes should
have prophylactic bilateral mastectomies recommended to them. But there
14 Anneke Lucassen
hardest to negotiate with Phyllis and to persuade her of the potential benefit to
unaffected relatives but it seems to fall on deaf ears. I don’t know which side of
the fence I’d come down on if Jane was not contemplating major surgery, if she
just wanted to know in order to be more certain of her risks, but I feel the
potential surgery shifts the balance. I think Jane should be told about Phyllis’s
result, and Phyllis about the disclosure, in as sensitive a way possible.
Author’s comment
she is also a carrier and has just revealed she is 10 weeks pregnant but concerned about
bringing a disabled child into the world. The woman refuses to tell her sister of the risk
as she thinks she may terminate a pregnancy. She herself is opposed to termination.
Routine testing for muscular dystrophy would not be available in pregnancy unless a
specific familial mutation were known. (Parker and Lucassen 2004)
A man with a family history of Huntington’s disease (HD) who has tested positive,
marries a woman who wants to start a family. He does not tell her of his diagnosis as he
is worried that she will leave him. (Lucassen and Parker 2004)
Many other conditions exist where confirmation of what the actual condition in
an affected relative is, is of importance for the accuracy of the test in their
relatives, e.g. family history of suspected HD again, in which there may be a
need to confirm that the dementing illness in the relative is in fact HD, rather
than another dementing illness, before a predictive test is accurate.
It might also be suggested, as a criticism of the case, that, had the time
sequence of this case been different the dilemma might have disappeared.
Had Phyllis been referred to clinical genetics before genetic testing had been
carried out, for example, consent could have been asked of her at this point to
disclose any result to her relatives if it were likely to prove helpful to them.
This could even have been made a precondition to testing. Some genetic
departments are now doing this as part of their consent process but it is not
known how many people are thereby deterred from testing altogether, or
indeed how many would refuse to accept the conditions to consent. If people
are deterred, then clearly Jane’s position is no better than in the case as
described (because the test would not have been carried out), but at least
then the clinicians would not be faced with the dilemma of knowing informa-
tion that could help Jane but not be able to disclose it. The placing of
conditions such as these on patients’ access to genetic testing raises a number
of important ethical issues in its own right of course. Could it ever be ethical
to deny a patient access to a test unless he or she were willing to consent to the
use of its results for family members?
The case might also have been different if Jane were referred after the team
already knew of Phyllis’s existence and both of her relationship with Jane and
her wish for non-disclosure. Under these circumstances, it might have been
possible to fudge the issue in discussion with Jane. If the geneticist hadn’t
explained the current limitations of testing so thoroughly it would have been
possible simply to test Jane for Phyllis’s mutation without anyone knowing
and then give her a result. Even so, this would not, of course, constitute
informed consent and fudging of this type could easily come to light at a later
stage leaving professional probity open to question.
This is an area that requires much greater public and professional discus-
sion and debate and I hope that the chapters in this book will contribute to
and enlighten such debate.
Families and genetic testing: Jane and Phyllis 17
NOTE
1 For more information about inherited breast cancer and genetic testing see also
patient information leaflet in Appendix II.
REFERENCES
Lucassen, A. and Parker, M. (2004). Confidentiality and ‘serious harm’ in genetics:
preserving the confidentiality of one patient and preventing harms to relatives.
Eur J Human Gen, 12(2), 93–7.
Parker, M. and Lucassen, A. (2004). Genetic information: a joint account? BMJ, 329,
165–7.
APPENDIX I Family diagram
brca 45
EDITH GEORGE
PHYLLIS
Left brca 36
brca 50
Right brca 43
died 44
36
JANE
This leaflet has been produced by Anneke Lucassen for the Wessex Clinical
Genetics Service, Southampton, UK.
20 Appendix II
Women with
Women with inherited
breast cancer breast cancer
This booklet has been written for people who have a family history of breast
and/or ovarian cancer which could be explained by an inherited factor. It
aims to answer some of the questions you may have.
Mutated
gene
Normal
gene
Possible
pregnancies
This shows a mother with a faulty gene but it could be either partner
For every child there is a 50%, or 1 in 2, chance of inheriting the mutation
Testing you without knowing the mutation for your family would mean we
could not reassure you that you had not inherited the cancer tendency. In
reality in a family with one of the BRCA1 or 2 mutations which cause cancer,
there is always a 50% (1 in 2) chance of this (see diagram).
Remember that the risk of developing cancer is not the same as the risk of
dying from cancer. Even if cancer develops, there is a chance that the disease
can be cured if detected and treated early.
Are BRCA1/2 the only genes that can cause hereditary breast cancer?
No. Probably about three-quarters of all inherited breast cancer is due to
mutations in BRCA1 or BRCA2. There are likely to be other genes that
increase the risk of developing breast cancer which have not yet been found.
24 Appendix II
(removing the breasts or ovaries before cancer occurs). This does not
completely eliminate the chance of cancer but will reduce it by a large
amount. Other leaflets describe this in more detail.
* There are studies underway on different types of drugs that may decrease
Remember there is a 50% chance that the test will show you have not
inherited the mutation. This means you cannot have passed it on to any of
your children or future children. You will also not need any screening until
you start the population screening at 50 years.
Remember ‘‘predictive’’ means a test on a person who has not had cancer but who
is closely related to someone who has and in whom a mutation has been found.
Patient information leaflet 25
You may want to review your insurance before testing. You should talk to
your doctor about how the information will be kept in your medical records.
Some people experience many emotions when they are told they have a gene
that increases their risk of cancer. Anger, shock, anxiety, worry about their
health, worry or guilt about possibly passing the gene on to children are all
normal reactions. Some people may also feel guilty if they do not carry the
change in the gene when other close family members do so.
Remember that we can tell you your risk is increased but we cannot tell you
for certain when or even if you will develop cancer.
Genetic testing in a family can affect other family members, they may need
to be told that they too are at increased risk or unexpected information may
be revealed, for example, someone may disclose that a family member
is adopted. Therefore, genetic testing may sometimes affect relationships
within families.
Talk to your doctor about all of the options before deciding on a plan of
action that is best for you.
26 Appendix II