CHAPTER XIX

SYPHILIS IN PREGNANCY AND MARRIAGE

Syphilis in pregnancy at times assumes peculiar malignancy. The

virulence depends on the patient's power of resistance, and whether

or not there are septic microörganisms mixed with the syphilitic

spirochetes. There are, moreover, varying strains of spirochetes

which differ in virulence, or there are familial idiosyncrasies.

Tropical syphilis is worse than northern infections, and syphilis of

the nervous system is often incurable. Fournier was of the opinion

that a syphilitic woman who becomes pregnant is more likely to abort

than a pregnant woman who becomes syphilitic. The percentage of

fetal deaths is also greater in the first class than in the second.

The longer a woman has been syphilitic, provided she has not been

treated for the disease, the worse the prognosis for the duration of

the pregnancy and the life of the fetus. The earlier in pregnancy

the syphilis appears, the worse the prognosis for gestation. General

fetal mortality in syphilis under the best circumstances is 75 per

cent. Syphilis should be looked for in every case where the cause

of an abortion is not evident. Ruge holds that in 83 per cent.

of repeated abortions syphilis is at fault; late abortions are

characteristic of this disease.

Inoculation with syphilis before conception almost always results

in abortion. In 130 women studied by Le Pileur there were 3.8 per

cent. still-births before infection by syphilis, but 78 per cent.

after infection. In premature labor the child is, as a rule, born

dead; less frequently it is born syphilitic; still less frequently

it is born apparently sound, but the syphilis appears later; in

a few cases, when the maternal syphilis is old, the child may be

born normal. Interruption of gestation is the commonest symptom in

syphilis complicating pregnancy. The labor itself is affected: the

pains are weak and tardy. Abnormal presentations occur frequently

when the fetus is dead. Chancres on the cervix may cause obstruction,

and there may be indurations so dense as to necessitate cesarean

delivery. The perineum may become so friable as to tear, as De Lee

says, "like wet paper."

When the mother is infected at the time of conception the child is

always syphilitic. If the mother is infected early in pregnancy the

child is almost always infected. If she is infected late in pregnancy

the child may escape infection. Men with tertiary syphilis have

begotten children without, to all clinical appearance, inoculating

the wife. In such a case the mother may nurse the child with safety

to herself, but the child will infect a wet nurse other than its

own mother, and in very rare instances mothers in this condition

have been floridly infected. The condition here described is called

Colles's Law.[152] The doctrine of Colles's Law has fallen into

disuse because we can now demonstrate by the Wassermann reaction that

almost all apparently healthy mothers of this class are in reality

infected. The term now used is "Syphilis by Conception."[153] The

virus passes through the fetal placenta to the mother, although

immunizing substances are held back by the placenta. A fetus cannot

make immunizing bodies before its eighth month, and on that account

the earlier the fetus is infected, the more likely it is to die.

Recently, however, some scanty testimony has been collected which

sustains Colles's Law in a few cases. Ledermann reported three

cases, and Nonne others, in which the wives of men with tabes or

paralysis bore syphilitic children and yet never responded positively

themselves to the Wassermann test, or showed any symptoms suggesting

syphilis. To this list Kroon[154] adds a case corresponding fully

to the requirements of Colles's Law. A woman of twenty-eight years

who had had eight abortions was delivered of a child with undoubted

congenital syphilis. The child's father had been infected with

syphilis twelve years before. The woman showed no signs of syphilis,

two Wassermann tests were negative, and she nursed the child without

injury to herself.

[152] From Abraham Colles, Dublin, 1837.

[153] Wolff, 1879.

[154] _Nederlandisch Tijdschrift voor Geneeskunde_, i, 9.

Should the husband have florid primary or secondary syphilis, and

infect his wife at impregnation, abortion is the rule. The commonest

cases are those where the husband has been treated for syphilis

more or less thoroughly before marriage. Even if at the time of

impregnation the husband has no apparent infective lesion, the

child is usually syphilitic, or it may show signs of the disease

later in life. Ibsen's _Ghosts_ is founded on a case like this. If

the syphilis is recent, or uncured, the child dies, macerates, and

is expelled. These conditions recur in pregnancy after pregnancy,

until the virus is removed by time or drugs. As the nucleus of the

spermatozoön is too small to carry the spirochete of syphilis, the

infection is through the semen in a manner not yet clear to us.

Wolff[155] studied a group of nine syphilitic women and their

children. There were sixty-six pregnancies, but only thirty-three

viable children were born. Of these last fourteen died in childhood,

three committed suicide at twelve, twenty, and twenty-eight years

of age; and of the thirteen still living only two were normal. The

others are all feeble-minded, epileptic, hysteric, or otherwise

neurotic. Post[156] tabulated the mortality in thirty syphilitic

families in which there were 168 pregnancies. Of these fifty-three

ended in still-birth or miscarriage and there were forty-four early

deaths--a total loss of 57 per cent. Of the children that were born

alive 38 per cent. are now dead, and of the seventy-one that are

alive only thirty-nine are apparently healthy. There are very many

cases of diseased children and adults with serious lesions of obscure

etiology, and in a great number of instances of anemia, malnutrition,

extreme nervousness, aortitis, bone diseases, vague pain, and similar

conditions, the origin is congenital syphilis. Stoll,[157] in

sixty-eight such cases, found a positive luetin syphilitic reaction,

and a positive Wassermann in 17 per cent.

[155] _Zeitschr. f. klinisch. Med._, vol. lxxvi. Berlin.

[156] _Boston Med. and Surg. Jour._, vol. clvii, n. 4.

[157] _Jour. Amer. Med. Assoc._, October 31, 1914.

Gottheil,[158] professor of dermatology and syphilography in Fordham

University, holds that if a man has gone through a modern treatment

for syphilis, given by a competent physician and extended over

three years, and if during the fourth year, without treatment, he

repeatedly shows a negative Wassermann reaction, he may marry. That

is the common opinion of physicians, but it is decidedly erroneous.

[158] _Forchheimer's Therapeusis of Internal Diseases_, vol. ii,

p. 421. New York, 1913.

In one series of 562 cases of hereditary syphilis observed by the

great syphilographer Fournier, sixty children, or over 10 per

cent., were infected more than six years after the primary parental

inoculation. He tells of one woman who had nineteen consecutive

still-births from syphilis. Gowers[159] says: "There is no evidence

that the disease ever is or ever has been cured, the word 'disease'

being here used to designate that which causes the various

manifestations of the malady." This statement is too sweeping, but it

is very near the truth.

[159] _Syphilis and the Nervous System_, 1892.

Bruhns recently reported the outcome of the Wassermann test repeated

about yearly from 1908 to 1915 in one hundred private cases infected

with syphilis ten or more years before the time of the report.

In forty-two the test was constantly negative; in thirty-two,

positive at first but negative later; in seven, constantly positive

notwithstanding repeated courses of treatment; in three, positive at

first, then long negative, but finally changing to positive again; in

eight, negative at first, then positive, and finally negative; and in

eight, negative at first but finally positive. The last three groups

are particularly significant. In some the long negative reaction, for

five or six years, indicated cure, and physicians would pronounce

such cases positively cured; but suddenly they changed to a positive

reaction without any clinical manifestations showing at the time.

After renewed courses of treatment in the following two years the

reaction became negative. Among the cases with constant negative

reaction there were some who developed brain syphilis, or tabes,

proving that they were not cured despite the absence of clinical

manifestations of the disease and the negative Wassermann reactions.

Professor Blaschko of Berlin, at the seventeenth International

Medical Congress in 1913, in the presence of Ehrlich, Wassermann and

Hata, said no one could even talk of a cure of syphilis until an

interval of ten years without symptoms had occurred. Where a blood

Wassermann is negative a spinal fluid reaction may be positive.

In from 60 to 75 per cent. of all cases of tabes or paresis members

of the family other than the patient have shown infection. The

proportion of infections in the families of tabetics and paretics is

far larger than that found in families in which the syphilis does not

go on to these extremes. Tabes is also called locomotor ataxia. It is

a degeneration of a part of the spinal cord, with unsteadiness and

incoördination of motion, lightning pains, disorders of vision, and

other symptoms. Paresis is softening of the brain, with insanity and

death.

These and other facts strongly indicate that the form of syphilis

which ends in tabes or paresis remains infectious over a much longer

time than ordinary syphilis does. No one has cured either tabes or

paresis. Raven reported in 1914 an investigation of ninety families

in each of which a case of metalues had developed. The interval

between the date of infection and the marriage was known in about

half of these, and it was four years in two families, five years

in one, and from _six to twenty-one years_ in ten! Fournier, in

4400 cases of syphilis, saw three cases where the tertiary symptoms

appeared fifty years after infection, and in one case fifty-five

years after infection. Bonnet[160] reported such a case which came to

him for treatment fifty-four years after infection. The man had no

children.

[160] _Lyon Med._, November 7, 1907.

Syphilis that affects the nervous system as in tabes and paresis is

an incurable syphilis, and there is no means whereby any physician,

no matter how skilful he may be, can tell whether or not a given

patient has such an infection. The physician, then, who tells a

syphilitic that he or she is cured and lets such a person marry

is responsible for all the evils that result from his rashness.

Once a syphilitic, not necessarily always a syphilitic; but once a

syphilitic, _possibly_ and probably always a syphilitic, and that no

matter what the treatment or the lack of clinical symptoms. Damaged

goods of this kind are to be looked upon as damaged goods forever.

Any man or woman, then, who has ever had a clear case of syphilis

(and the diagnosis is easy, as a rule) is likely to be for

the remainder of life a source of syphilitic infection. There

is even question of late of spirochete-carriers, as there are

typhoid-carriers and diphtheria-carriers, who may infect others while

not suffering themselves. If one who has been a syphilitic marries

without informing the other party to the contract of the condition,

the injustice is, without doubt, very grave. I should call such

concealment a mortal sin, and a condition exposing the sacrament to

sacrilege.

Suppose the second party is informed of the old infection and is

then foolish enough to risk the marriage. No one but an experienced

physician has any notion of the indescribable horror that may come

of taking this risk, and no one has the right to expose his own body

to infection by syphilis for the advantage of marriage. There is no

approach to a juridic equilibrium between these two conditions. If

in such a marriage children are begotten and infected, (1) embryos

will die without baptism; (2) later possible children will be born

who will die of congenital syphilis; (3) possible children who will

escape syphilis; (4) children who may have to pass through tabes or

paresis to death, after begetting other degenerates.

A syphilitic embryo which dies without baptism is better than

no child at all. It will live in a state of natural happiness

after abortion. A baptized child which has congenital syphilis is

immeasurably better off than a sound child that lacks baptism.

Eugenics as a prudent investigation of conditions before marriage

is a good thing; eugenics as the drivel of agitators, who cannot

tell the difference between a gentleman and a corn-fed hog, is quite

another thing. The marriage, therefore, of a person who has been

syphilitic to one who knows or does not know of this condition gets

its mortality chiefly from the damage to one of the contracting

parties which is imminent. It is difficult to estimate the morality

of the act as it refers to the children infected congenitally, and to

society.

The natural order, charity, justice, and related principles give

every child the right to be born with bodily health, if such an event

is possible. If it is not possible in particular circumstances, then

_melius esse quam non esse_, and the decision in each case depends on

its own qualities.

If a physician knows that a person who has been infected with

syphilis is about to marry, should the physician warn the innocent

party?

There are several conditions: (1) the infected person about to marry

may be actively infectious; (2) the person may be probably infective,

as any one is who has once had syphilis; (3) the physician may

know the fact of the infection officially or unofficially; (4) the

infective person may have gone to the physician for treatment for a

condition not connected with the syphilis--say, for a bronchitis or a

broken bone--and the physician in the examination discovers syphilis.

Again, there are various kinds of secrets. St. Alphonsus Liguori[161]

classifies secrets in three groups: (1) natural; (2) promised;

(3) entrusted secrets. A natural secret is one which obliges us

in justice to observe it if divulging it will gravely injure any

one in reputation or possessions. We are not obliged to observe

a secret of this kind at the risk of our lives unless the damage

from the divulging would affect the community gravely. A promised

secret obliges to silence either gravely or lightly, according to

the intention of the promiser. Where reasonable doubt exists as

to grave obligation, such obligation does not exist. A promise to

secrecy made even under oath is not binding if one is obliged in

justice to reveal the secret; therefore we must testify to the crime

of another when a judge legitimately demands our testimony, even if

we have promised not to tell anything. If a secret is entrusted to

one, and divulging would cause grave damage, but justice, or similar

circumstances, do not oblige us to reveal it, we are bound to observe

it even when questioned by legitimate authority. Then we may answer

we know nothing about it, at least for revelation. St. Alphonsus's

text is: "Potes respondere te nihil scire, scilicet ad revelandum."

His meaning seems to be: "You may say you know nothing about the

matter inquired into." Any other signification would be futile.

To say literally, "I do not know anything I may tell," would only

expose one to punishment for contempt. He seems to make the answer

a conventional denial, like the "not guilty" of a criminal. A judge

may not abrogate the natural right by which an entrusted secret is

protected, unless the secret is already known in some other way, or

there is a just cause for revealing it.[162]

[161] _Theologia Moralis_, iv, n. 970 et seq.

[162] Cf. De Lugo, _De Justitia et Jure_, disp. 14, n. 141.

When an entrusted secret, however, which is also called a strict

or absolutely natural secret, is imparted expressly or tacitly,

say, to physicians, lawyers, or priests, and becomes a professional

secret, it obliges more strictly than any other. There are four

conditions under which such an entrusted secret may be revealed, at

least without mortal sin (except by a confessor): (1) If we have the

presumed consent of the principal. (2) If the material of the secret

is trivial, or if it is known from another source, or is already

public. Is it a mortal sin to divulge a grave entrusted secret to

a responsible person who is under the same bond? St. Alphonsus,

De Lugo, and others say probably it is not, provided the secret

is not divulged to the particular person from whom the principal

wished it to be concealed. The term _probably_ here is technical

and refers more to the absolute truth of an assertion than to its

practical application. (3) One might reveal such a secret without

mortal sin, through inadvertence or thoughtlessness, or under the

supposition that it is not a grave secret. Some moralists hold,

however, that to excuse from mortal sin, the revealer must be certain

that the matter of the secret is not grave. (4) Such a secret may

be revealed if keeping it would cause public injury, or injury to

an innocent person, or injury to the person to whom the secret has

been entrusted; then the law of charity demands that it be revealed.

Therefore, even if one has bound himself under oath, he may reveal

the secret--always excepting a priest or confessor. This is the

common doctrine of moral theologians. It is for the common good of

human society that entrusted secrets be absolutely kept unless so

grave a damage befalls another from such observance that it becomes

more conducive to the public good to reveal than to conceal. To let

an infective syphilitic, for example, spread his contagion merely

because an entrusted secret should be kept is a much greater damage

to the public than a good.

Barrett[163] says a physician may not divulge the diseases of a

family to an insurance company unless the family assents; he may

not tell the man before marriage that the woman had been operated

upon, say, for ovariotomy, unless the woman gives permission; nor

may he let the woman know, before marriage, of those diseases of the

man which are not contagious. Ho says further that if a man has had

syphilis and is now completely cured, the physician may not reveal

this previous condition to the woman.

[163] Sabetti-Barrett, _Compend. Theol. Moral._, n. 565. New

York, 1915.

That doctrine about ovariotomy, if it includes double ovariotomy, is

disputed by physicians because, they say, such a woman is sterile

and she knowingly is going to deprive the man of his chances of

having children; secondly, a woman upon whom double ovariotomy

has been performed is almost always a neurasthenic invalid with a

marked tendency to insanity, and it is a grave injustice to any man

to saddle such a degenerate upon him for life by treachery. The

prospective injury to the man is so great that the physician should

first try to induce the woman to divulge her condition, and if she

does not, the physician at least _may_ divulge it.

Secondly, I deny most emphatically that any physician can tell that

a man who once has had syphilis is completely cured and is not a

source of infection. The facts I have cited in this chapter prove

conclusively that once a syphilitic always probably a syphilitic,

and the risk is always so great that the physician is obliged first

to insist that the man does not marry, and if the man persists the

physician may let the woman know. If preparations for the marriage

have been made publicly, the physician will, as a rule, for his pains

from the woman and her family get only a rebuff and the woman will

later get her syphilis more or less certainly. If the man is actively

infective the physician is bound to let the woman know, through

her confessor if no other way presents, provided the man cannot be

frightened out of his scoundrelism. If nothing else avails, the

physician would be justified in reporting such a man to the Board

of Health or the sanitary police. Barrett says the physician may be

excused from divulging that the man has infective syphilis if such a

revelation would cause the physician to lose the confidence of his

patients. It never does have such an effect, although physicians

constantly expose such cases in the interests of humanity. Because

a man who is apparently cured of syphilis may or may not infect the

woman, this doubt probably excuses the physician from the strict

obligation of divulging the condition, although he _may_ tell her if

he wishes to do so, _salvo meliore consilio_, as far as the release

from strict obligation to divulge is concerned.

If a patient with syphilis goes to a physician for the treatment

of some other physical disability, and the physician discovers the

syphilis in the course of the examination, this knowledge of the

syphilis would be a tacitly entrusted secret. Whether, however, a

secret that a man is actively infective or very probably infective is

entrusted either tacitly or directly, it is not a privileged secret

owing to the danger or certainty of extraordinary calamity to the

innocent second party.

The fact that in these cases of active or latent syphilis the disease

has been acquired criminally does not in itself affect the state of

the question one way or another--a criminal syphilitic has a right to

his reputation and goods despite his moral condition; but even where

the disease has been acquired without moral guilt the syphilitic is

always a formally or materially unjust aggressor in a prospective

marriage to an innocent and uninfected woman, and is to be treated

accordingly. If a woman may kill an unjust aggressor in defence

of her chastity, and if _quod liceat per se licet per alium_, her

natural protectors, kin, physician, and so on, may at least divulge

the secret of the man's condition in defence of her from a fate which

in many respects is worse than rape.

In keeping with this matter of entrusted secrets it is worth noting

that physicians should remember that the case histories they leave

after them at death, or which they leave unguarded in their offices,

are likely to be read by some third party who has no right to the

secrets they contain. Case histories which the patients would not

have divulged should be kept in cipher so far as proper names and

addresses are concerned.

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