MON AM: Minton v. Weinstein on Risk Perception and the Typical Smoker’s “Information Environment”
February 14, 2005 11:19 am by Gene BorioIn demonstrative exhibits, Dr. Neil Weinstein showed the poor knowledge of the real risks of disease from smoking among teens and adults, smokers and nonsmokers.
Lorillard attorney Michael Minton is attempting to establish the “information environment” in which those study subjects–or, as Mr. Minton has tried to broaden Dr. Weinstein’s testimony “the typical smoker”–exist, ie, in an environment replete with warning labels and information from the government and public health community.
So far, he has not been successful. Dr. Weinstein has stated that his testimony does not address this aspect, he is not an expert on the “information environment,” nor on Government-mandated warning labels.
DOJ attorney Elizabeth Crocker has lodged numerous objections, often sustained. Judge Kessler finally asked what she felt the important question was in this part of the cross: “What did you mean when you referred to the “typical smoker” in your Written Direct Testimony.?”
Dr. Weinstein responded that the typical smoker referred to the whatever the mean answer in the study was, ie, the “typical smoker” is an abstraction of the smoker represented by the answer most given.
In that narrow sense, this particular line of questioning seemed to come to a dead end.