Egilman testified in a civil case brought by Larry Newkirk, who claimed he got lung cancer after eating five to seven bags of microwave popcorn a day for 11 years. The judge handling the case dismissed Newkirk’s lawsuit, and questioned Egilman’s expert testimony supporting the plaintiff.

 

“[T]here is nothing to support Dr. Egilman’s conclusion that is at the heart of this case: that the vapors emitted from a microwave popcorn bag contain the same proportion of chemicals [as those emitted in popcorn factories] or that all of the substances in the two instances are identical,” said U.S. District Judge Rosanna Malouf Peterson.

 

In addition to Newkirk appealing Peterson’s ruling, Egilman filed his own appeal to protect his contention about the danger of eating microwave popcorn and his reputation as an expert witness.

 

Egilman has earned upwards of $2.5 million from testifying at trials over the past 25 years. In September 2007, he agreed to pay $100,000 to Eli Lilly after U.S. District Court Judge Jack B. Weinstein found that Egilman “deliberately violated this court’s protective order” in a case relating to the antipsychotic drug Zyprexa.

-Noel Brinkerhoff

 

Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit (by Matthew Heller, On Point)

Stipulated Order Regarding David S. Egilman and Eli Lilly and Company (United States District Court, Eastern District of New York) (pdf)