An Act of God, while sending samples to Japan

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Around 2001 or so, I was collaborating with a researcher in Japan on some work in planaria. We were going to do some experiments, then freeze the tissue and send it to them for transcriptomic analysis (to find out which genes are being regulated by our bioelectric interventions into the worms’ pattern memory; this was before RNAseq was available everywhere). The tissue had to be kept very cold, so we would pack it in a big box of dry ice. The whole thing was quite time-consuming and expensive. Several weeks of work from my post-doctoral fellow, then all day collecting tissue and packing it in dry ice, and then preparing the forms needed to ship it. Shipping dry ice in particular has some potential hazards associated with it, so that means lots of paper work and extra fees, plus it has to get delivered quickly (lest the ice disappear before my collaborators get it, and samples are ruined) so that means extra charges for the shipper’s most rapid shipment possible. [ in the story below, I leave out the name of the company, but it’s one of the several big ones you’ve heard of ]

We do it, and send it off. Disaster – the box never arrives, they can’t find, it’s missing. Weird… We do everything again – more time, more $, but we do it again. Would you believe, same thing – it never arrives! So now I’m thinking: ok, I’m going to insure this thing for $1,000,000.00 and if it disappears, fine, I will fund my lab for a few years off those proceeds. So we do it all over again, I pay for the insurance, etc. And then I track the package, and – BINGO – it disappears again! Woo hoo! We’re in the money now, this is way better than writing grants. I wonder how many times I can do it. So, I make my triumphant (or so I thought) call to the shipping company.

I call them up, have them check the tracking number, they confirm it’s gone. Great I say, will it be a normal check or one of those giant ones like when you win the lottery? Send it over, either way. Not so fast she says. Did I read the fine print on the shipping contract? No, I was busy reading planarian molecular biology papers, so I did not read the fine print. And here’s the best (worst) part: apparently, the contract said something about them not being liable in cases of “Act of God”.

From there we proceeded to have a 45 minute theological discussion about what constitutes an act of God. I argued that either everything is, or nothing is. I argued that God wanted them to honor the spirit of the insurance policy and pay. I asked her why God would hate molecular biology samples in particular. She was surprisingly skilled in the basic theological and philosophical arguments about the nature of causation and various epistemological limitations when trying to understand the complex chains of effects percolating through the universe. I don’t know what her job description said, but they got the right person for this.

She actually argued that having it be so selective (just my package being missing) and consistent (3 times now) is evidence that something other than random chance was happening and that it was clearly outside the remit of an insurance policy which was designed based on actuarial data on random events, not such consistent, one could even say, targeted, outcomes. At this point I myself was starting to wonder if there was an underlying reason for this that transcended the meager understanding of me and my flatworms, and even of ShipCo itself. She specifically argued that the fact that no one can figure out what happened to the box is evidence of precisely the unusual, no-one-to-blame kinds of events that this clause was meant to cover. The whole thing was absurd, but there it was – their actual failure to keep track of the box was seen as strengthening their case! I was pretty ticked off…

I can’t remember all of it, since it was a long time ago, so here is Claude’s attempt at reconstructing a similar dialog:

Claude has me suing them at the end of its story, which I didn’t do, but I did imagine a parallel world in which a great trial would revolve around deep philosophical issues about causality, responsibility, etc. Instead I went back to my flatworms and figured out a different way to do the experiment… So let this be a cautionary tale to all – read the fine print, and bone up on your philosophy.

12 responses to “An Act of God, while sending samples to Japan”

  1. Aaron Avatar
    Aaron

    Your stories and could make for some fun comics. Eureka moments are so fun in comics.

  2. Micah Zoltu Avatar
    Micah Zoltu

    Why didn’t you sue? I can’t imagine “we lost your package and don’t know why” qualifying for “acts of God” as understood by the average citizen (which is the usual metric for I’ll defined terms). Acts of God traditionally means unexpected but we’ll documented natural events like volcanos, solar fares, the rapture, scientists creating black holes, etc. I have never heard of it including “our tracking system is non-functional” or “we have a problem with internal employee theft” (the likely two explanations).

    At $1M insured value, it seems very worthwhile to at least reach out to a lawyer that specializes in this sort of thing. Worst case scenario, they tell you that the shipper is within their rights to completely screw their customers and you improve your understanding of the world a bit.

  3. Alex Pchelnikov Avatar
    Alex Pchelnikov

    I’m 99% sure it was UPS. :))) It’s 2024, nothing really changed since 2001, neither their delivery service, nor their argumentation.

  4. Matt Avatar
    Matt

    Sounds like their insurance policy is a scam though

  5. Will Avatar
    Will

    Commiserations on the tragic loss of your frozen worm parts, if you’d only notified me earlier, I could had warned you to never have sent them in the first place. If my 20+ years of Jesuit formation taught me anything, it taught me that God’s most favourite non-alcoholic beverage happens to be worm mojitos (garnished with a mint sprig). Indeed, I happen to know that His Popishness (the Pope) keeps a bottle of the stuff secreted inside his slacks at all times, and only gets it out on special occasions and on Shrove Tuesdays.

  6. Maria Fátima Pereira Avatar
    Maria Fátima Pereira

    No antes, não leu. Posteriormente, aquando da reclamação, não leu as clausulas do seguro?
    “Um ato de Deus” é uma justificação subjetiva e um tanto “incredivel, patetica”!
    Conselho: Leia sempre as letras pequeninas dos Contratos Bancarios e Apólices das Seguradoras.

  7. Brian Kinstler Avatar
    Brian Kinstler

    Seems like ShipCo’s rep was implying that God was gunning for you, or at least your work, which I suppose might make sense to a deist.

    For better or worse, though, law pre-empts theology — and an act of God is generally defined as an accident or other natural event caused without human intervention that could not have been prevented by reasonable foresight; think earthquakes, or lightning strikes, or a 50-year wave sinking a cargo vessel. ShipCo’s rep would certainly have known whether an act of God disappeared your package. You probably could have sued for the actual costs and inconvenience (prolly not the million bucks, though), and you might have even gotten lawyer fees thrown in as well, but I’m guessing the legal system would have been even more frustrating than the rep’s theological argument.

  8. Pamela Lyon Avatar
    Pamela Lyon

    Love it! Just what my Covid-blighted brain needed. A reminder that we live in a very strange world, which is getting stranger by the minute. It is, of course, a perfect mirror of its human creators—not the land, water and clouds bits, everything else that makes stories like this. That is, incredibly intelligent and extraordinarily dumb, unaccountably complex and making it up as we go along to secure our interests—and the most monied interests always win; there are exceptions, and we make movies about those, but they are vanishingly rare. (That’s why they’re news.) You were right not to sue. You have to stay pissed off for too long, and life is too short. You got there in the end. (Poor Claude!)

  9. Steve Carey Avatar
    Steve Carey

    So come on, spill! Did you ever find what was happening? Did you ever get your, ahem, merchandise into Japan? I feel a sense of incompleteness…

    1. Mike Levin Avatar
      Mike Levin

      We never found out what was happening. It’s one of many, many mundane mysteries I see every day and will never get the answer to… We did eventually finish the experiment.

  10. Pankaj Trivedi Avatar
    Pankaj Trivedi

    What if God was one of us?
    Just a slob like one of us
    -Joan Osborne song, One of Us

  11. Alex Avatar
    Alex

    Oh my god))))) These guys survivability is way better than planarian by the looks of it. Thank you for sharing it!

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