Update on Maddox v. B&W, Jacksonville, FL


Update on Maddox v. B&W, Jacksonville, FL

by Norwood S. Wilner
May 30, 1998

Friday the plaintiffs in Maddox v. B&W in Jacksonville rested their case.

The witnesses have been (quotes are Mr. Wilner's summaries, not necessarily verbatim quotes):

Robert Heiman by deposition, CEO of American Tobacco.
"The Surgeon General is dead wrong."

Dr. David Sidransky from Johns Hopkins
"P-53 and other mutations from cigarette smoke are early and irreversible steps to cancer. From the first puffs of a cigarette, a smoker begins to accumulate cancer cells in his body."

Dr. Richard Pollay, University of British Columbia
"The industry conspired through TIRC to counterattack the scientific evidence. The TIRC conspiracy, $6 billion of advertising, lobbying, and biased science have kept consumers guessing about the extent of hazard."

Irwin Tucker, former scientist from Brown and Williamson, and last surviving participant from the 1953 meeting that formed TIRC, by deposition.
"We had no proof that our products did not cause cancer. A fifty percent death rate from the product is acceptable."

Dr. Ernst Wynder (by deposition from 1960 in Greene v. American Tobacco)
"Medical science proved that cigarettes caused cancer by the early 1950's."

Bennet LeBow, CEO of Liggett
"The industry lied for years about its science and its product. We at Liggette decided enough was enough."

Dr. Elizabeth Whelan, Public Health expert and noted author
"The public was confused by a tremendous disinformation campaign. Consumers vastly underrated the risks."

Margaret Maddox, widow of the deceased
"My husband didn't read much. He kept to himself and his family."

Angie Widdick, daughter of the deceased
"Daddy tried and tried to stop smoking. He stopped when they plugged the oxygen line in."

Dr. Allan Feingold, Chief of Pulmonary Medicine, South Miami Hospital
"Mr. Maddox died from Lucky Strike cigarettes. The death was preventable. BAT and B&W concealed critical research on addiction from the Surgeon General. The Committee of Counsel was a secret part of CTR that conspired to suppress medical truth."

Dr. William Farone, former Philip Morris scientist
"Lucky Strike cigarettes show no attempt to use available technology to reduce product hazards. The industry never tested its products because they were afraid of the results."

In addition, a mountain of documentary evidence has been introduced:

Volume Hill-- The Hill and Knowlton/TIRC conspiracy story

Volume ATCCAN-- The story of early cancer research at American Tobacco

Volume BNWCAN-- B&W/BAT cancer research; project RIO; suppression of Biological research

Volume ATCNIC-- Nicotine experiments on Lucky Strike by American

Volume BNWNIC-- The nicotine conspiracy; project HIPPO, withholding research from surgeon general; knowledge of addiction; addiction to cigarettes means we "need a bigger bag to carry the money to the bank."

Volume ATCPUB-- PR documents from American

Volume BWNPUB-- PR documents from BAT/BNW

Volume PUBLIC-- public disinformation from the industry in general

Volume CONSP-- The committee of counsel conspiracy; "slanting" the Harrogate report; "Purging" the Spindletop project of "invidious" content.

Volume ATCAMA-- Undue influence by American Tobacco on the AMA, the APHA, ACCP, and others.

Volume LUCKY-- Lucky Strike ads from various years, including the college campaign; "Lucky Droodles"; "Students win prizes with Luckys" and similar drivel.

The evidence is comprised of
  • (1) documents from prior litigation including Cippollone and state and individual cases;
  • (2) documents entered into evidence in Minnesota case;
  • (3) Liggett documents from the Bliley committee;
  • (4) www.tobaccoresolution.com documents;
  • (5) the second Commerce Committee (39000 documents) "priviliged" document site. Many documents have not been, to Wilner's knowledge, ever publicly used.
Judge Charles Mitchell denied all defense claims for privilege.

The defense will present its case beginning Monday 6/1/98. They are expected to call:
  • An historian to say that "everyone knew the risk."
  • A psychiatrist to say that "everyone can quit."
  • A pathologist to say that he's "not sure" about the type of cancer.
  • An advertising exec to say that advertising is for "brand loyalty."
  • A B&W scientist (Lance Reynolds) to say that the B&W is really a great company, after all.


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