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SPECIAL CONSIDERATIONS

Cerebral Death: Persistent Vegetative State

Cerebral death, the so-called persistent vegetative state, refers to cessation of the functions of the cerebral cortices. Brainstem functions governing the respiratory centers, autonomic nervous system, endocrine system, and immune system, which are vital for maintaining life, are preserved. Although the cortical EEG is flat, it is usually contaminated by electromyographic activity of the forehead, a sign of preservation of function of the facial nerve in the brainstem. The persistent vegetative state represents irreversible loss of consciousness but not irreversible loss of life or the mechanism of life; patients in this state can survive for months or years. The term cerebral death is occasionally used by mistake to indicate brain death, which includes the brainstem.

Cerebral death has not been accepted traditionally as equivalent to death.[68] However, some advocate that cerebral death should be accepted as the death of individuals because the critical elements of life are the organized cognition and "personhood" as the unique feature of human life, which originate from the cerebrum.[69] [70] The problems with this notion are that the permanence of cerebral dysfunction cannot be easily predicted in most clinical circumstances and threatens the severely senile and severely retarded, who may have severely damaged high-brain functions.[70] [71] Of 40 patients referred to as being in the persistent vegetative state, 17 (43%) were considered to be misdiagnosed; they were aware of surroundings and able to communicate.[72]

The shortage of infant organs available for transplantation worldwide has promoted a growing recognition of the potential use of anencephalics, who are born without a forebrain and a cerebrum but with a rudimentary functional brainstem, as donors.[73] [74] The natural course is that one half of the fetuses die in utero, and about 95% of liveborn anencephalics usually die within 7 days.[74] In 1995, the American Medical Association Council on Ethical and Judicial Affairs supported the use of live anencephalic infants as organ donors.[73] It claimed that anencephalic neonates are definitely different from individuals who are in a persistent vegetative state, infants with profound neurologic injury, and elderly adults with severe dementia, because anencephalics have no history of consciousness and no possibility of ever being conscious. However, in 1996, it suspended its opinion because of concern about certain diagnoses of anencephaly and understanding of consciousness in these neonates.[75] In 1961, a kidney transplantation was first performed with an anencephalic newborn as a donor, [76] followed by some attempts of heart transplantation. [77] [78] However, Western countries, with the exception of Germany, consider an anencephalic infant to be legally alive as long as the brainstem is functioning.[79] [80] This issue is still controversial.[73] [74] [81] [82] [83]

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