Strong Medicine (74 page)

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Authors: Arthur Hailey

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"What's happening is a tactic." The lawyer sipped his steaming coffee.

"Any investigation of this type, which is a political exercise, requires

a showcase villain. Representing your company, you happen to be the one

available. But I could do something to change that. "

"Do what?"

"Let me explain some background first. Donahue and his staff know about

your stand within the company against Montayne, and your resignation

because of it. There's no way they wouldn't know; they're thorough

people. They probably know, too, the terms you insisted on when coming

back, and they're certainly aware of the Felding-Roth Doctrine, and that

you were its author."

"Then why . . ."

"Hear me out. Also, try to look at it their way." Quentin nodded to a

group of passing tourists who had peered into the limousine, then he

turned his attention back to Celia. "Why should Donahue's people concern

themselves with bolstering your image? And if they did, who else could

they focus on critically? Certainly not a dead man; he's beyond their

reach."

"I suppose I understand all that, and I know you said this is a political

exercise," Celia admitted. "Just the same, isn't the truth important at

all?"

"If I were a lawyer on the other side," Quentin said, "I'd answer your

question this way: Yes, truth is always important. But concerning

Montayne, the truth lies in what the company-FeldingRoth-did, because it

marketed Montayne and is responsible. As to you individually-yes, you did

resign. But you also came back and, in doing so, accepted your share of

responsibility for Montayne, even after the fact." Quentin smiled grimly.

"Of course, I could argue the whole thing the other way and be equally

convincing."

"Lawyers!" Celia's laugh was hollow. "Do they ever believe in anything?"

"One tries to. Though perpetual ambivalence is a hazard of the

profession."

"You said there was something you could do. Just what?"

"On the subcommittee," Quentin pointed out, "are several minority members

friendly to your industry. There's also a minority counsel. None of them

have spoken up yet, and probably won't, because doing so might suggest

they were in favor of Montaynean impossible position. But what one of

them will do, if I request it

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as a favor, is have questions asked to bring out your personal record and

make you look good instead of awful."

"If that happened, would it help Felding-Roth?"

"No. Probably the reverse."

Celia said resignedly, "In that case, let's leave it alone."

"If you insist," the lawyer said sadly. "It's your head, and your blood on

it."

Vincent Lord took over the microphone reserved for witnesses when the

afternoon session began.

Once more, Urbach led off the questioning, having Lord first describe his

scientific background. The subcommittee counsel then proceeded through the

early stages of Montayne, Lord responding to all questions in a confident,

relaxed manner.

After about fifteen minutes, Urbach asked, "When Montayne was close to

being marketed in the United States, and those reports from Australia,

France and Spain were known within your company, did you recommend a

delay?"

"No, I did not."

"Why was that?"

"A delay at that point would have been a management decision. As director

of research, my involvement was solely scientific."

"Please explain that."

"Certainly. My responsibility was to provide a scientific evaluation of the

information then available, and supplied by Laboratoires Gironde-Chimie. On

that basis I had no reason to recommend delay."

Urbach persisted. "You used the phrase 'scientific evaluation.' Apart from

science, did you have any feeling, any instinct, about those three

reports?"

For the first time Lord hesitated before answering. "I might have had."

"You might have had, or did have?"

"Well, I was uneasy. But, again, there wasn't anything scientific."

Celia, who had been relaxed while listening, suddenly paid closer

attention.

Urbach was continuing. "If I understand you correctly, Dr. Lord, you were

in something of a dilemma?"

"Well, yes."

"A dilemma between science on the one hand and, on the other,

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your 'unease'-I am using your word-as a human being?. Is that correct."

"I guess you could say that."

"It is not a matter of guessing, Dr. Lord, nor what I would say. It is

what you would say."

"Well . . . all right, I would say it."

"Thank you." The subcommittee counsel glanced down at his notes. "And for

the record, Doctor, after your reading of those reports we spoke of, did

you advocate the marketing of Montayne?"

"No, I did not. "

The series of replies jolted Celia. Lord was lying. Not only had he

supported going ahead with Montayne, he had voted for it at the meeting

held by Sam, sneering at Celia's doubts and her plea for a postponement.

Senator Donahue leaned in toward a microphone. "I'd like to ask the

witness this question: If your responsibility had been a management one,

Dr. Lord, and not just science, would you have recommended a delay?"

Again Lord hesitated. Then he answered firmly, "Yes, Senator, I would."

The bastard! Celia began scribbling a note to Quentin: That isn't true

. . . Then she stopped. What difference did it make? Supposing she

questioned Lord's honesty and a debate ensued, with accusations and

denials flying-what would it change? At this hearing -nothing. Disgusted,

she crumpled the paper on which she had begun to write.

After a few more questions, Lord was thanked for his evidence and

excused. He left the hearing room at once, without speaking with Celia

or looking in her direction.

Dr. Maud Stavely was called as the next witness.

The chairperson of Citizens for Safer Medicine strode confidently forward

from the rear of the room and went to a microphone at the witness table,

some distance from Celia and Quentin. She did not glance their way.

Senator Donahue welcomed the witness cordially, after which Dr. Stavely

read a prepared statement. It described her medical qualifications, the

structure of the New York-based organization, CSM's negative views about

drug firms, and the group's early opposition to Montayne.

While Celia disliked the statement's emphasis and some allu-

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sions, she conceded mentally that Stavely sounded professional and

impressive. As when the two of them had met two years earlier, the CSM

leader was attractive and well groomed, and today was stylishly though

simply dressed in a maroon tailored suit.

About Montayne, Stavely declared, "Unfortunately our protests were

handicapped by a lack of funds. CSM does not have the enormous

resources-multimillions of dollars-which companies like Felding-Roth can

pour into sales propaganda, deluding doctors and the public into believing

that drugs such as Montayne are safe, yet knowing-as they did with

Montayne-that indications argue otherwise."

As Stavely paused, Dennis Donahue interjected, "I imagine, Doctor, that

since your opinions about Montayne have been proved correct, contributions

to your organization have increased."

"Indeed they have, Senator. And we hope, after these hearings which we

welcome, they will become greater still."

Donahue smiled without replying, and Stavely continued.

To Celia's distress, her own visit to CSM headquarters was referred to. It

introduced a complication she had hoped would be avoided.

The matter came up again during Stanley Urbach's cross-examination of Dr.

Stavely.

The subcommittee counsel asked, "What was the date of Mrs. Jordan's visit

to Citizens for Safer Medicine?"

Stavely consulted notes. "November twelfth, 1978."

"Did Mrs. Jordan state her purpose in coming to see you at that time?"

"She said she wanted to talk. One of the things we talked about was

Montayne."

"At that point, I believe, while Montayne had been approved by FDA, it had

not yet gone on sale. Is that correct?"

"Yes, it is."

"Is it also correct that, at that time, Citizens for Safer Medicine was

actively seeking to have the FDA approval canceled?"

"Yes. We were strong about that, working hard at it."

"Did that strength, those efforts you were making to stop Montayne, appear

to worry Mrs. Jordan?"

"Well, she certainly wasn't pleased. She argued for Montayne, saying it was

safe. Of course, I disagreed."

"Did she say why she believed the drug was safe?"

"I remember very clearly-she did not. Of course she has no

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medical qualifications to make that kind of judgment-not that that stops

sales-happy people like Jordan making them." Stavely's voice conveyed

disdain, then she added, "Just the same, I was shocked at how little she

did know."

"Can you be specific as to why you were shocked?"

"Yes. You remember, at the time, the Australian case against Montayne had

already received wide attention?"

Urbach smiled politely. "I'm supposed to be asking the questions,

Doctor."

Stavely smiled back. "Excuse me. The point I'm making is that Jordan had

not even read the Australian trial transcript. She admitted it. I urged

her to go away and do so."

"Thank you, Doctor. Now, during your conversation, did you get the

impression that Mrs. Jordan had come representing her company,

Felding-Roth?"

"Very definitely, yes."

"And again referring to the effort by Citizens for Safer Medicine to have

the FDA approval of Montayne withdrawn, did you also form an impression

that Felding-Roth had become anxious about that, and therefore sent Mrs.

Jordan to you with a plea to ease up?"

"Well, it did occur to me, though I can't prove it. However, if that was

the woman's purpose, she must have seen immediately that there was not

the slightest chance of its happening."

Listening and watching, Celia thought: Unlike Vince Lord, Stavely had not

lied. But what a difference the selection of items, a tone of voice, and

emphasis seasoned with opinion could make to a subsequent report of any

conversation!

Senator Donahue, holding a paper, spoke into his microphone. "Dr.

Stavely, I have in my hand a document described as 'The Felding-Roth

Doctrine.' If you have not seen it, I will have this copy handed to you."

"I have seen it, Senator, and once is enough."

Donahue smiled. "I take it you have an opinion. We would like to hear

it."

"I believe the so-called doctrine is a nauseating, shameless piece of

sales promotion which capitalizes on a ghastly tragedy and is an insult

to the children and families who have been victims of Montayne."

Celia, hot with anger and ready to leap to her feet, felt Quentin's hand

on her arm, restraining her. With an effort she stayed seated, her face

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