Tobacco Documents Online

f~ ~Idn't exist" 5836. -- CROSS EXAMINATION: . Bleakley trying to determine that LMS was "skeptical" that clgs. caused lung cancer as late as 162/LMS says "%t was not a matter of_ . skepticism. It was a matter of not havln~ made or formed an opinion=" 5855/con- cedes that his failure to examine the llt "may have been, in retrospect, a subcon- sclous wish to den,,that possible relatlonshlp because I was a heavy smoker at the time," 5857..."1 had ~ever really studied the indlvldual artlcles to examine whether the methodology was worth the paper it was written on," 5857...He concedes early studies lack proper controls, 5886...Bleakley claims that all inhalation studies through '70s "produced neg results" 5887...PETER HAMILL: Medlcal Coord. of SGAC, 5902/PH co'ntacted LMS in behalf of plalntlffs in ~hla case, 5904... -- MORNING SESSION 3/22/88= LMS's upset over rept on AMA-ERF progress rept was made at AMA annual meeting in ,SF ~n !6S...more on his upset over AMA material, 5952...LMS angered that AMA progress rept s~ggested causation issue by '64 SGR, 5956...Diagnosls of lung cancer was competent by '30s, 5964...LMS explains ~ eq~rvbod[ who smokes contracts cancer or other d~seas¢8, cites as good example his Qork w/poli~ "~here many m~ny infections occur w/o any clinical response on the part of the individual, & yet, when it does effect the individual clinically, that can actually be a lethal disease," 5982...Explalning why insufficient data on women stopped SGAC from findings in that area: "...t~here are definite ~x...df.fferences in terms of dlsease,resDonse in males & females" & that's why scientists don't lump them together in the studies. " -- AFTERNOON SESSION: LMS answering why there is no great problem about fire to have found "the ultimate mechanism" that causes smoklng-related diseases, "but that is not unusual for most of the diseases of man. We are still working on ultimate mechanisms & I think any group including the laity will understand that . research may answer ?s partially & come up w/more ?s to answer & the ultlmate...we haven't achieved that for any disease" 6063...Dr. PH 6093: "He was theoretically not to have entered into any of the discussions," showing signs of fatigue & pressure, apparently suffered a nervous breakdown or something close to it and left iSGAC staff assignment...Sidebar at 6106, ~ohn trying to argue that SGR's a,re "~ust a_ =ompenden,.,& review ~f, ............ the lit. & the ex~'ression 6f the SG's stalf's opinlon"~.. K~_~_~T BY JUDGE COHN 'If the plaintiff is precluded from presentin$ any testimony ~,hat'~-~e ~arni~$ ,is ina49quate pn ~t~ pasts, tna~ uon~. ~as said ~,~a~,t,~e wa~in~s are & Cong. has said smoking causes lung cance~ can the defendants then come alon~ ~ say the war~in~ is unnecess'a[v~'° bl08/'f~is comment preclpl£aEed ~y ~leak!ey's i6~men~ ~ust above_ that smoking has not been proven yet as cause of cancer (& that the warning label is not really necessar~)...~ohn q~9~ saying that cigs cause cancer & decreeln~ a wa~nln~ label from the ~on't ~hink there's been"a"'findin~ to that effect by,Con~...and the.warn~n~ has always ~e~n th~"'SG~s warning," 6119...Judge to Cohn: "Explain to me...why the plaintiff would be precluded under the presumption doctrine from claiming that the warning was inadequate but the defendant could say that the warning was unnecessary? What's the difference?" 6110...Cohn argues that defendants are not saying the warning is unnecessary/Judge comments 6111: "The_cross__ @xsm., su~ested ~bat the SGR & the flndin~s were not accurst,e &,no,t ,~ustifi@d & by implication that the warning, which says smoking causes lung cancer is not accurate"/Cohn claims a Cong. warning is not a finding, to which Judge asks, "Doesn't a warning mean anything? When they say smoking causes lung cancer, that doesn't mean anything?" 6111...Ble~kley makes !mpassionq~ ple,a,~n rebut that defendant can come into court & make a factual claim t~at causation has not been proven, "ho~w can we not?" 6113/ "~hy in the worl~ shou~ w~ he nrescri~ed to do? Sit back & ad~%t .that c~ ~mo~.~ causes,luD~ cancer beca~s~,t~e US ConF... 'f~n~ itS' When we know that we can present in good faith here in the court room for t~ry the testimony of people who are going to say they don't think it has been proven. That is how we respond to the witness," 6114/Bleakley at his feistiest... in this long sidebar Judge says at 6,,~16 that defen4ant~, want to have it both_ways, ~claimfng preemption covers them both ways, meaning that Cong. now says smoking Icauses cancer-not may cause it - "& what you are saying is that not withstandin~ that, you have the right now to come'to a court in this type of litiKation & Drove l~-a~ that warni~ is unnecessar,_y & inaccuratel, but at the ,same tlmel sayin~ that ~.he 21alnti~f~ann.~t present evidence that ~he ~arsln~ is. inadequate & should be ~u~h~eater, should have been much earlier," 6116...Final comment by Northrlp: plaintiffs have to live w/fact that this is an adequate warning as a matter of law adequate "to inform the public of the claimed health risks of clg smoking, but I do not believe that it is a Cong. determination that cig smoking causes lung cancer" 6117. -- MORNING SESSION 3/23/88: Re-cross exam by Bleakley, trying to show that Ochsner made numerous statements indicating uncertainty about causation of smoking in documents in '30a & '40s, see 6144/LMS resists this charge, see 6147ff...LMS's anxiety about rob. industry funding of research: "I would be very concerned about I}any colleague who was receiving money from an agency that was trying to, shall we say, subvert the experiences of research in this particular field," 6170...More on Ochsner & DeBakey re causation, 5198/Edell citing articles in '40, '45, '52.