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No show for deposition

Ex-FDA commissioner fails to testify about Plan B contraceptive

By Kathleen Kerr, Newsday, April 29, 2006

Former Food and Drug Administration Commissioner Lester Crawford failed to show up Friday for a court-ordered deposition in Washington, D.C., where he was scheduled to testify about the agency's refusal to approve over-the-counter sales of an emergency contraceptive.

Earlier in the week, two key FDA officials testified in closed sessions that in January 2005, Crawford began shutting them out of the decision-making process for Plan B, the controversial emergency contraceptive.

Barbara Van Gelder, Crawford's personal attorney, told the federal magistrate overseeing the case Thursday that her client might have to invoke Fifth Amendment rights if forced to testify, according to a transcript of a telephone conference.

"What basically occurred is, at least it seems, Dr. Crawford's lawyer believes that he may be in some sort of criminal jeopardy," said Simon Heller, an attorney who was prepared to depose Crawford. Heller works for the Center for Reproductive Rights in Manhattan, which is suing the FDA to try force non-prescription sales of Plan B.

Conservative groups have lobbied the FDA to prevent non-prescription sales of Plan B, alleging it causes abortions. Barr Laboratories, the maker, counters that the pill prevents pregnancy.

Earlier this week, Heller deposed FDA officials Dr. Steven Galson and Dr. Janet Woodcock in Rockville, Md. Heller said they testified that Crawford began shutting them out of the Plan B decision-making process in January 2005.

FDA spokeswoman Kathleen Quinn confirmed that the depositions had taken place but wouldn't elaborate.

Van Gelder told U.S. Magistrate Viktor Pohorelsky, according to the transcript of the telephone conference, that Crawford did not tell her about the deposition until Wednesday. She said she was representing Crawford "in connection with a number of congressional and inspector general and, now, criminal investigations having to do with a number of issues that have come up with Dr. Crawford."

Van Gelder gave only a sketchy description of the investigations. She said she has been advising Crawford about legal matters related to his FDA tenure, including the Plan B controversy and his finances. It has been widely reported that Crawford may have had a conflict of interest related to his ownership of shares of a medical devices company. Crawford left the FDA in September

The deposition has been rescheduled for May 24.

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