Companies facing mesothelioma lawsuits have frequently cited a 1946 asbestos study as part of their defense. Now, eight decades after its publication, critics who’ve long argued that the research used flawed methodology are calling for its retraction.
Flawed Study has Complicated Mesothelioma Claims for Decades
For decades, mesothelioma victims have been forced to push back on the 1946 study’s conclusion that covering pipes with asbestos was not a dangerous occupation. The study, published in the Journal of Industrial Hygiene and Toxicology, was conducted by U.S. Navy physician Walter E. Fleischer, Harvard University professor Philip Drinker, and other researchers. It examined four shipyards that used high quantities of asbestos with the goal of measuring the safety of using asbestos to build warships. Despite thousands of studies contradicting its findings, the study has continued to be cited by asbestos manufacturers’ attorneys and was even presented to the U.S. Supreme Court as recently as 2018.
According to retired occupational health specialist Richard J. Kelly, numerous flaws in the study’s sampling method have made its conclusions inappropriate for use in mesothelioma lawsuits. In a critique calling for its retraction, he noted that the analysis used a sampling method that deviated from the established standard in prior epidemiological studies, which had found a link between asbestos exposure and mesothelioma and other cancers.
Study’s Methodology Contradicted Previous Years of Mesothelioma and Asbestos Research
To the significant frustration of mesothelioma advocates, the 1946 study’s authors skipped the standard scientific method, which requires researchers to examine all asbestos material under a microscope and count both fibrous and nonfibrous particulate matter. Kelly says instead, the study classified up to 99% of the material as nonfibrous—a figure he says had no scientific basis. The research community has long understood that asbestos fibers—not nonfibrous particles—are what cause mesothelioma and other cancers when inhaled.
Additionally, the 1946 study mostly included participants who’d only worked in shipyards for a few years, a period that wasn’t long enough for workers to develop asbestos-related diseases, including mesothelioma. “Whether they ignored that because they were ignorant of that, or they had some other motivations, I don’t know,” Kelly said—raising questions about whether the study’s design choices were innocent methodological errors or something more troubling.
As Mesothelioma Deaths Continue, Retraction of Study Faces Institutional Obstacles
Even with years of mesothelioma research to support it, retraction faces significant practical obstacles. The Journal of Industrial Hygiene and Toxicology was published by the American Industrial Hygiene Association until 1949, then changed hands through multiple mergers. The current version is published by Taylor & Francis. “It is unclear who owns the archive of that journal and would therefore have the right to retract any article in it,” a Taylor & Francis spokesperson said, adding that while the death of all authors does not automatically preclude investigation, the 80-year-old publication presents unusual complications.
Barry Castleman, an environmental consultant and public health expert on asbestos disease, notes the 1946 paper still surfaces in court cases involving mesothelioma victims who worked with asbestos insulation in shipyards. “It’s kind of late to be calling for a retraction of it. Whatever harm could be done with that paper has largely been done.”
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
