The Judge and The Historian

Ramses Delafontaine

Historians as Expert Witnesses Ramses Delafontaine

Kenneth M. Ludmerer

Kenneth M. Ludmerer

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Kenneth Ludmerer is professor of the history of American Medicine. In Proctor’s ‘Should Medical Historians be Working for the Tobacco Industry’ Ludmerer was mentioned as follows: “Historians of medicine last year [2003] were shocked to learn that Kenneth Ludmerer, president of the American Association for the History of Medicine, has been quietly working as an expert witness for the tobacco industry since the late 1980s.”[1] In a deposition relating to his work as an expert witness in US v. Philip Morris Inc. et al, the landmark federal case against the tobacco industry, Ludmerer acknowledged he had earned over half a million dollars through his tobacco related work.

“Q. What is the total amount you have earned from

doing the tobacco litigation work to this date?

A. I would say somewhere between 500 and $550,000.

You mean from the very beginning?

Q. From the very beginning.

A. Correct.”[2]

 In the same deposition he acknowledges that he has not researched the industry’s internal documents.[3] Ludmerer has worked on 15 separate trials over twelve years, always for the defence. Ludmerer has also been active in asbestos litigation.[4]

 

[1] Proctor, Robert. 2004. Should Medical Historians Be Working for the Tobacco Industry? The Lancet 363, 1174.

[2]Deposition of Kenneth Ludmerer, M.D., August 8, 2002, US v Philip Morris et al. LTDL. Bates Number: LUDMERERK080802. http://legacy.library.ucsf.edu/tid/xuo11b00. Accessed 31 Oct 2014. Q= Moltzen attorney for the plaintiff, A= Ludmerer expert witness for the defence.

[3] Deposition of Kenneth Ludmerer, M.D., August 8, 2002, US v Philip Morris et al. LTDL. Bates Number: LUDMERERK080802. http://legacy.library.ucsf.edu/tid/xuo11b00. Accessed 31 Oct 2014.

[4] For example: Harvey v. ABB Lummus Global Inc. 2002.