Dr. David Egilman, a doctor and skilled witness who, over a 35-year span, gave testimony in some 600 trials involving company malfeasance, leading to billions of {dollars} in awards for victims and their survivors, died on April 2 at his house in Foxborough, Mass. He was 71.
The trigger was cardiac arrest, his son Alex mentioned.
Many medical consultants make a aspect enterprise in courtroom, providing their knowledgeable opinions on the witness stand and serving to to validate or undermine plaintiffs’ claims. However few make it a career-long ardour in the way in which Dr. Egilman did. He taught at Brown College and ran a non-public follow however spent most of his time consulting and testifying in as many as 15 circumstances a 12 months.
He did extra than simply opine from the stand. A dogged researcher, he dug up incriminating emails and memos exhibiting that, in lots of circumstances, drug corporations knew the dangers concerned with placing a brand new treatment in the marketplace however went forward anyway.
He offered important testimony in a class-action lawsuit in opposition to Johnson & Johnson, claiming that it had didn’t reveal the well being dangers concerned introduced by Johnson’s child powder and different merchandise containing talc. “Though a number of settlements have been proposed within the swimsuit, together with one for $8.9 billion in 2023, the litigation is constant.
Dr. Egilman’s work as an skilled witness rubbed some individuals the fallacious approach, particularly protection legal professionals and pharmaceutical firm executives, who argued that he was too dogmatic to offer goal evaluation. However Dr. Egilman noticed issues otherwise.
“As a physician, I can deal with one most cancers affected person at a time,” he mentioned throughout a 2018 trial. “However by being right here, I’ve the potential to save lots of tens of millions.”
His work prolonged past the courtroom: He helped authorized groups strategize their circumstances, and he coached them on how you can current sophisticated medical information to juries.
“David was a sport changer on so many ranges,” mentioned Mark Lanier, a lawyer who labored with Dr. Egilman for 25 years. “David helped me in circumstances the place he was testifying, but in addition the place he was merely giving recommendation and perception.”
He additionally pushed again in opposition to what he noticed as pharmaceutical advertising intruding on the realm of scientific analysis. Writing in peer-reviewed medical journals, he confirmed how drug corporations used ways like ghostwriting — drawing up their very own research, then paying a physician so as to add their identify — and “seeding,” during which corporations run their very own questionable research to construct help for his or her medication.
Dr. Egilman was instrumental in publicizing a declassified memo from 1950 that warned of the dangers concerned in authorities radiation exams on people. The exams had been nonetheless carried out.
“If that is to be carried out in people, I really feel that these involved within the Atomic Power Fee could be topic to appreciable criticism, as admittedly, this is able to have a bit of of the Buchenwald contact,” Dr. Joseph G. Hamilton, a professor on the College of California at Berkeley, wrote within the memo, referring to the Buchenwald focus camp the place Nazi docs carried out horrific medical experiments on prisoners.
The U.S. authorities apologized for the radiation exams in 1996.
At instances, Dr. Egilman’s zeal received the higher of him. In 2007, he agreed to pay the drug maker Eli Lilly $100,000 after leaking confidential paperwork to a lawyer, who then gave them to The New York Occasions. He was concerned in a case in opposition to the corporate over allegations that it had pushed its antipsychotic drug Zyprexa for unapproved makes use of.
Eli Lilly donated the cash from the settlement to charity. However the firm’s victory was brief lived: In 2009, it pleaded responsible to the allegations and agreed to pay $1.4 billion — together with a $515 million felony superb, the most important ever in a well being care case.
Dr. Egilman was unbowed by the ups and downs of the case.
“A doctor’s oath,” he instructed Science journal in 2019, “by no means says to maintain your mouth shut.”
David Steven Egilman was born on Sept. 9, 1952, in Boston. His father, Felix, was a Polish Jew who had survived the Holocaust, together with a interval spent in Buchenwald, as a result of, he mentioned, his ability as a shoemaker was prized by German officers. His spouse and two youngsters had been killed in one other focus camp.
After the conflict, Felix Egilman immigrated to the USA, the place he married Veta Albert, David’s mom, who died in a automotive accident when David was 10. His father withdrew emotionally within the face of the mounting trauma, leaving David largely to maintain himself.
He gained a scholarship to Brown College, the place he acquired a bachelor’s diploma in molecular biology in 1974 and a medical diploma in 1978. He earned a grasp’s diploma in public well being from Harvard in 1982.
Dr. Egilman married Helene Blomquist in 1988. Together with their son Alex, she survives him, as does one other son, Samson.
After medical college and coaching on the Nationwide Institutes of Well being, he moved to Cincinnati, the place he arrange a clinic as a part of the U.S. Public Well being Service. Lots of his sufferers had been industrial and mining staff who had developed medical situations after years of working in unsafe environments.
The expertise steeled Dr. Egilman’s dedication to face up in opposition to medical injustice. He returned to Massachusetts in 1985, the place he opened a non-public follow and commenced educating at Brown.
To deal with his rising record of authorized purchasers, he arrange a separate firm, By no means Once more Consulting, a nod each to his father’s expertise through the Holocaust in addition to the significance of not permitting the horrors of Nazi medical experimentation to be replicated.
