Dr. David Egilman, a doctor and professional 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 specialists make a aspect enterprise in courtroom, providing their knowledgeable opinions on the witness stand and serving to to validate or undermine plaintiffs’ claims. But few make it a career-long ardour in the way in which Dr. Egilman did. He taught at Brown University and ran a non-public follow however spent most of his time consulting and testifying in as many as 15 circumstances a yr.
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 available on the market however went forward anyway.
He supplied crucial testimony in a class-action lawsuit towards Johnson & Johnson, claiming that it had did not reveal the well being dangers concerned offered by Johnson’s child powder and different merchandise containing talc. After years of litigation, the corporate settled for $8.9 billion in 2023.
Dr. Egilman’s work as an professional witness rubbed some individuals the unsuitable method, particularly protection attorneys and pharmaceutical firm executives, who argued that he was too dogmatic to offer goal evaluation. But Dr. Egilman noticed issues in a different way.
“As a doctor, I can treat one cancer patient at a time,” he mentioned throughout a 2018 trial. “But by being here, I have the potential to save millions.”
His work prolonged past the courtroom: He helped authorized groups strategize their circumstances, and he coached them on tips on how to current difficult medical information to juries.
“David was a game changer on so many levels,” mentioned Mark Lanier, a lawyer who labored with Dr. Egilman for 25 years. “David helped me in cases where he was testifying, but also where he was simply giving advice and insight.”
He additionally pushed again towards what he noticed as pharmaceutical advertising and marketing 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 title — and “seeding,” through which corporations run their very own questionable research to construct assist 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 checks on people. The checks have been nonetheless carried out.
“If this is to be done in humans, I feel that those concerned in the Atomic Energy Commission would be subject to considerable criticism, as admittedly, this would have a little of the Buchenwald touch,” Dr. Joseph G. Hamilton, a professor on the University 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 checks in 1996.
At occasions, Dr. Egilman’s zeal acquired 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 Times. He was concerned in a case towards 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. But the corporate’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 legal wonderful, the most important ever in a well being care case.
Dr. Egilman was unbowed by the ups and downs of the case.
“A physician’s oath,” he instructed Science journal in 2019, “never says to keep 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 have been killed in one other focus camp.
After the conflict, Felix Egilman immigrated to the United States, the place he married Veta Albert, David’s mom, who died in a automobile 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 University, 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. Along with their son Alex, she survives him, as does one other son, Samson.
After medical college and coaching on the National Institutes of Health, he moved to Cincinnati, the place he arrange a clinic as a part of the U.S. Public Health Service. Many of his sufferers have been industrial and mining staff who had developed medical circumstances after years of working in unsafe environments.
The expertise steeled Dr. Egilman’s willpower to face up towards medical injustice. He returned to Massachusetts in 1985, the place he opened a non-public follow and started instructing at Brown.
To deal with his rising checklist of authorized shoppers, he arrange a separate firm, Never Again Consulting, a nod each to his father’s expertise throughout the Holocaust in addition to the significance of not permitting the horrors of Nazi medical experimentation to be replicated.
