Author Topic: The argument against informed consent  (Read 13345 times)

Offline QuantumG

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The argument against informed consent
« on: 06/23/2014 07:21 am »
Quote from: Jeff Foust
“There needs to be a generic attitude change from ‘it’s okay to die if you sign a waiver, and you gotta fly so that the pieces don’t hit the bystanders’,” Rutan said, “to identify and encourage the safety breakthroughs that do exist—I mean the inventions that people already have out there—and then require equivalent safety on whatever else you’re going to do.” - source 2006.

This builds on a comment from two years earlier:

Quote from: Burt Rutan
Certification is not expensive because of the FAA. And I’ll tell you something, it’s the very best thing you can buy when you have an accident and somebody gets killed. The plaintiff’s attorney’s job is to convince that non-technical jury that you did a sloppy job, that you didn’t do enough for his safety. The very best thing you can do is say that there are specific government certification requirements and I met every one of them, and you even get to bring the government in to certify to the jury that you passed all of the safety requirements. Without that you can’t survive as an industry: you can’t survive the first accident, and you can’t insure. So you got to have government certification that protects passengers. - source 2004.

Since then, the movement has been towards strengthening informed consent - an attempt to make the inevitable lawsuits that follow the first fatalities on suborbital spaceflight vehicles toothless.
Human spaceflight is basically just LARPing now.

Offline woods170

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Re: The argument against informed consent
« Reply #1 on: 06/23/2014 07:29 am »
Anyone wants human spaceflight to be safe? Don't fly. Period.

Offline FutureSpaceTourist

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Re: The argument against informed consent
« Reply #2 on: 06/23/2014 09:43 am »
I see where Burt Rutan is coming from but does the government (or anyone else) really know either:

1. What society would accept as a low enough risk for space tourism?
2. How to assure that a given space transportation system meets a given risk target?

I can accept certification as a longer-term aim, but I'm sceptical anyone can meaningfully certify at the moment.

I guess a more cynical view might be it doesn't really matter what certification requires, as long as the government is helping to cover an operator's arse, but I don't think this is the forum for that line of argument!

Offline docmordrid

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Re: The argument against informed consent
« Reply #3 on: 06/23/2014 10:49 am »
Taken to its logical conclusion, outlaw sky and scuba diving and all providers that make them possible. More will die from them than spaceflight for a considerable time. Hell, outlaw bicycles.
DM

Offline edkyle99

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Re: The argument against informed consent
« Reply #4 on: 06/23/2014 02:54 pm »
Taken to its logical conclusion, outlaw sky and scuba diving and all providers that make them possible. More will die from them than spaceflight for a considerable time. Hell, outlaw bicycles.
Skydiving is way riskier than scuba diving.  So is riding a motorcycle or flying a small aircraft according to this list. (I only point this out because I used to scuba dive, and I only almost died once, while my skydiving friends all knew someone who didn't make it once.)
http://www.afn.org/~savanna/risk.htm
Of course smoking and eating meat would also have to be outlawed following that logic.

 - Ed Kyle
« Last Edit: 06/23/2014 02:59 pm by edkyle99 »

Offline Vultur

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Re: The argument against informed consent
« Reply #5 on: 06/23/2014 10:15 pm »
Aren't there 'adventure tourism' companies who do Everest and stuff? How do they handle liability?

Offline butters

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Re: The argument against informed consent
« Reply #6 on: 06/23/2014 10:29 pm »
Make them buy insurance and let the insurance companies figure out the risks.

Offline QuantumG

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Re: The argument against informed consent
« Reply #7 on: 06/23/2014 10:32 pm »
Rutan's argument isn't that informed consent can't work, or is somehow "wrong", it's that better safer vehicles won't result from it. Rutan isn't the only person who has claimed the problem with spaceflight is that the vehicles haven't gotten any safer since the 60s, but he's the only person, that I'm aware of, who has tried to apply the aircraft analogy so literally as these quotes indicate.

Personally, I disagree with him.. as I'm sure most of you know.. but I think it is important to understand other people's arguments. Especially someone as renowned and respected as Burt Rutan.
Human spaceflight is basically just LARPing now.

Offline QuantumG

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Re: The argument against informed consent
« Reply #8 on: 06/23/2014 10:54 pm »
It's awesome, but I'm not sure what it's got to do with this topic.

I think actually flying people is what would attract the required capital to suborbital spaceflight, and flying space divers and other high-risk aware people is a great way to start. A third or fourth generation vehicle may start making in-roads to capture more risk-adverse customers, but first you actually have to be making money.

Burt Rutan, on the other hand, has always seemed to be arguing that this "barnstorming" phase could just be skipped.
Human spaceflight is basically just LARPing now.

Offline RonM

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Re: The argument against informed consent
« Reply #9 on: 06/23/2014 11:11 pm »
Informed consent or not, killing your customers is bad for business.

Offline QuantumG

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Re: The argument against informed consent
« Reply #10 on: 06/23/2014 11:13 pm »
Informed consent or not, killing your customers is bad for business.

An amusing quip, but not exactly rational.
« Last Edit: 06/23/2014 11:13 pm by QuantumG »
Human spaceflight is basically just LARPing now.

Offline Oli

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Re: The argument against informed consent
« Reply #11 on: 06/23/2014 11:16 pm »
I think actually flying people is what would attract the required capital to suborbital spaceflight, and flying space divers and other high-risk aware people is a great way to start.

Adrenaline junkies usually don't have millions on their bank account.

Offline QuantumG

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Re: The argument against informed consent
« Reply #12 on: 06/23/2014 11:32 pm »
Adrenaline junkies usually don't have millions on their bank account.

Who said anything about millions? We're talking suborbital spaceflight here. There's a lot of skydivers who spend a lot of money on this sport. Annually, we're talking ~3 million jumps per year!

The first market wouldn't even be close to what you or I would call "spaceflight". It'd be rocketing up to ~4 km altitude - so that special breathing equipment isn't necessary. Then incrementally with breathing equipment, and eventually pressure suits, up to ~30 km altitude, ala Felix Baumgartner. The techniques developed would be some of those "inventions" that Rutan is talking about and would save lives.. of people who are actually flying.

Human spaceflight is basically just LARPing now.

Offline A_M_Swallow

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Re: The argument against informed consent
« Reply #13 on: 06/23/2014 11:47 pm »
I see where Burt Rutan is coming from but does the government (or anyone else) really know either:

1. What society would accept as a low enough risk for space tourism?
2. How to assure that a given space transportation system meets a given risk target?

I can accept certification as a longer-term aim, but I'm sceptical anyone can meaningfully certify at the moment.

I guess a more cynical view might be it doesn't really matter what certification requires, as long as the government is helping to cover an operator's arse, but I don't think this is the forum for that line of argument!

In a high risk situation there will never be a low risk flight, they are incompatible.

You can have a culture of continuously reducing risk.  When people are killed you find out what killed them and cure it.  The cure is likely to include changing the design, procedures and rule book (regulations).

Injuries to people and damage to equipment is a warning that an extra high risk to life exists.  Cure those as well.  This will save you from having to hold career destroying press conferences apologising for killing people.

The government may not be a rocket scientist but it is a judge.  Kill people the same way 3 times and it can turn prosecutor.

Offline RonM

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Re: The argument against informed consent
« Reply #14 on: 06/24/2014 12:01 am »
Informed consent or not, killing your customers is bad for business.

An amusing quip, but not exactly rational.

Okay, I'll try the long version.

In the US, people can sue for just about any reason, including disputing a signed contract. If you sign a consent form, your surviving family members can still sue for your loss. A company would be foolish to depend on informed consent. As Rutan points out, government based certifications would be a better defense. Depending on local civil laws in other countries, a consent form may work better than in the US.

Even if a consent form turns out to be an ironclad defense and you never lose a lawsuit, a bad safety track record will reflect poorly on your company. If another company has a better safety record than your company, you will lose business to them. If you are dealing with fatalities, people will stop doing business with you and you will go out of business or at least not be very successful.

Big car companies like GM can hide a few deaths among the tens of thousands of traffic fatalities per year. They might not even realize their product was at fault, considering the number of cars they make. A space tourism company losing a rocket will be a front page story.

Offline QuantumG

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Re: The argument against informed consent
« Reply #15 on: 06/24/2014 12:10 am »
In the US, people can sue for just about any reason, including disputing a signed contract. If you sign a consent form, your surviving family members can still sue for your loss. A company would be foolish to depend on informed consent.

The courts must be jammed packed full of the lawsuits of dead skydivers. In fact there's an average of 21 deaths per year and zero lawsuits.

If you have no reasonable expectation of "safety", you don't have a strong case. The problem here is that the providers really want suborbital spaceflight to be less risky than it is, and they're marketing their (future) product that way. That's what would make a lawsuit legitimate and an informed consent dispute workable. Rutan makes the great argument that providers can just pass the buck to the government regulators.

Human spaceflight is basically just LARPing now.

Offline RonM

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Re: The argument against informed consent
« Reply #16 on: 06/24/2014 12:44 am »
In the US, people can sue for just about any reason, including disputing a signed contract. If you sign a consent form, your surviving family members can still sue for your loss. A company would be foolish to depend on informed consent.

The courts must be jammed packed full of the lawsuits of dead skydivers. In fact there's an average of 21 deaths per year and zero lawsuits.

If you have no reasonable expectation of "safety", you don't have a strong case. The problem here is that the providers really want suborbital spaceflight to be less risky than it is, and they're marketing their (future) product that way. That's what would make a lawsuit legitimate and an informed consent dispute workable. Rutan makes the great argument that providers can just pass the buck to the government regulators.

The odds are not that bad in skydiving. That average of 21 deaths per year is out of how many thousands upon thousands jumps? Even the elder President Bush gets to jump out of a perfectly good airplane.

The video of the wingsuit pilot flying through the hole in the rocks was amazing and crazy. Now, that is very high risk. It is also very different from everyday skydiving.

Rutan is not saying you can pass the buck to government regulators. What he is saying is that you need a vehicle that passed certification as a defense. If your suborbital isn't safe enough, the FAA will not certify it.

If you want the skydiving type adrenalin junkies to ride your suborbital, it will have to meet some standards. If you can only get the crazy death seeker crowd to fly, good luck with making enough money with that business model.

If the suborbital providers cannot reach a reasonable level of safety, such as in skydiving, then they will not succeed.

Offline QuantumG

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Re: The argument against informed consent
« Reply #17 on: 06/24/2014 12:49 am »
Right now they're not flying at all and haven't been flying for the last 10 years. If they insist on "a reasonable level of safety" that is unobtainable with a first generation vehicle, they'll never fly.
Human spaceflight is basically just LARPing now.

Offline A_M_Swallow

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Re: The argument against informed consent
« Reply #18 on: 06/24/2014 12:59 am »
Right now they're not flying at all and haven't been flying for the last 10 years. If they insist on "a reasonable level of safety" that is unobtainable with a first generation vehicle, they'll never fly.


How about a political standard for safety?

"Do not kill anyone until after the presidential election in 2020."

Offline QuantumG

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Re: The argument against informed consent
« Reply #19 on: 06/24/2014 01:01 am »
Heh.. I like it.

Just a reminder.. 1 in 1250 skydivers will die doing what they love.

This is considered a big improvement on the '60s, when it was 1 in 280.

The trend continues.
Human spaceflight is basically just LARPing now.

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