"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, 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 allusions, 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 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.”