Document 1yQO6JVbEqmdbO7Vd4Zwb1o8j

FILE NAME Corning OC DATE 1995 Aug 31 DOC OC394 DOCUMENT DESCRIPTION Legal - Deposition of Joel Bender 000000000 WALKER & WYLDER LTD 809 P03 AUG 31 199 16:09 OCF Consultants on their STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL DISTRICT COUNTY OF MC LEAN - DONALD VAN WINKLE and 4 LINDA VAN WINKLE o le Plaintiffs tO ps . . CORNING FIBERGLAS CORPORATION and ILLINOIS CENTRAL RAILROAD COMPANY : Case No. 95 L 76 ee th oe th 6s Defendants oe Deposition Witness herein of JOEL R. BENDER Ph.D. M.D. a called by the Plaintiffs as upon Cross Examination pursuant to the Illinois Supreme Court Rules taken before Nicola D. Blaker Registered Professional Reporter Notary Public in and for the State of Ohio at Connelly Boutar & Jackson 405 Madison Avenue Toledo Ohio on Thursday August 31 Buite 1600 1995 commencing at 10:15 a.m. .. SEAGATE REPORTING SERVICE 405 Madison Avenue Suite Toledo Ohio 43604 419 241-2070 INC 900 08/31/99 17:14 TX NO.4370 NO.4370 SE 14 P P.003 000000000 WALKER & WYLDER LTD 809 P04 AUG '99 16:10 1 Q , , FF ,,3 8 A 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 Can you spell Kushner n Anyone else Dr. Mort Corn MR DAMES Mort Mort Brooke Mossman Gene McConnell Gene would be animal though I'm sorry not human In fact both the individuals I just mentioned would be more animal than human even though in the context of some discussion it may have come up What has Rossiter done for OCF for which OCF has compensated him Dr. Rossiter is a very known epidemiologist who is chairman of a joint European research board that provides oversight of research in synthetic vitreous fibers and also this is the group that provides funding through the International Agency for Research on Cancer - Dr. Rossiter through his contacts throughout Burope and the world has also provided specific services for us in other parts of the world with respect to research interpretation and so forth Research and interpretation of what He does epidemiological studies and he may 08/31/99 17:14 RX NO.4370 P.004 a 3 # 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 000000000 WALKER & WYLDER LTD 809 POS AUG 31 199 16:10 69 provide us with information about studies example his most recent one I recall was refractory ceramic fibers he was studying Has Rossiter done any studies that involve asbestos for OCF For Dr. Rossiter has not done studies for Corning on asbestos For how long has there been a relationship between Corning and Rossiter in which Rossiter has been compensated by OCF to your knowledge I have known Dr. Rossiter for the past eight years and his services are as needed Was it true when you started eight years ago that Rossiter was providing services to OCF for which be was compensated No not that I know of So it started since you've been with the company - right That's correct But has it basically been throughout the last eight years that as needed Rossiter has provided gervices to OCF for which OCF has compensated him That's correct 08/31/99 17:14 RX NO.4370 P.005 || 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 000000000 WALKER & WYLDER LTD 809 P06 AUG 31 '99 16:10 70 Davis what has he done for OCF Dr. John Davis is a member of our science advisory board What does that entail We have an outside science advisory board that basically provides us input on the interpretation of ongoing studies studies that are planned or the results of new research that may be coming available and basically provides us with guidance on stewardship Where is Davis from Dr. Davis is a former director of the Institute of Occupational Medicine in Scottland For how long has Davis had a relationship with OCF where he provided services for which OCF compensates him Again I've known Dr. Davis for the entire time I've been employed at Corning and Dr. Davis would have received remuneration indirectly through research that we had conducted at the Institute of Occupational Medicine and most recently in an honorarium for our science advisory board So his honorarium for the science advisory board is direct compensation from OCF 08/31/99 17:14 RX NO.4370 P.006 a 000000000 000000000 00000 00000 WALKER & WYLDER LTD 809 P07 AUG 31 '99 16:11 2 5 6 B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 That's correct Kushner what has he done Dr. Kushner again known him for the past eight years of my employment with Corning and he is also a member of our science advisory board Any work he's done besides being a member of the science advisory board for which he's gotten direct compensation for OCF am not aware of it He may have done work prior to my coming to Corning -- Mort Corn what has he done A He is also on our science advisory board Any other relationship between OCF and Corn A The only other relationship would be in terms of a grant or contract that Johns Hopkins would have received from the industry to conduct a very very large study for the industry and whether or not he is - gets funds indirectly from that I'm > not aware What has Brooke Mossman done Brooke Mossman is part of the science advisory board And the last one you named was Gene McConnell Gene McConnell is former director of the National Toxicology Program and there may be some 08/31/99 17:14 RX NO.4370 P.007 | 000000000 WALKER & WYLDER LTD 809 P^ 6 AUG '99 16:11 3 , , 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 specific projects we will have him do with respect to design of animal studies interpretation of animal studies and so forth The honorarium that these people get who are on the science advisory board how much is that honorarium As I recall I think we've gone to about 2,500 for the time that they may be with us during the day plus their expenses As you recall how many days per year are they with you We've been asked by the board to increase their meetings to two per year and they will be with us directly one day during each of those time frames but we will continue to provide the material any time during the year or if we're working on a specific item for the agenda we will send them a lot of material to review Have you ever met with the science advisory - board Yes I have I instituted it Have you ever had any discussions with the science advisory board about asbestos or its effect on human health No we have not 08/31/99 17:14 RX NO.4370 NO.4370 P.008 a 000000000 WALKER & WYLDER LTD 809 P09 AUG 31 '99 16:11 73 1 Q Have you ever provided any materials written 2 materials to the science advisory board or 3 # . received any materials from any of individuals about asbestos and its | those effect on # human health =s or | " enine would not have given received any matestas Bee a , from then only with respect to again the . incidental use of asbestos in controle and in the epidemiology study referring you say the epidemiology study oy referring tebio oo sone ~" ses such as Chiazza's werk such Bemavens ae er or some other study that may come wp, t6as etiam ee. you 3 a ees had epidemiology studies came - oa we to sabestos other than the essen wee. =: you ieeney, discussed <) 2d . s that I have -- not that we have zevkewe~ ay: OS that wait Yes there has been and that conducted at a G.B. facility by Saye caanenaeadee. * a | . 4te! maribery board Mae wee ee brought - to my attention by the hones een tn. it had -- his study had beeESS-wubisotee: 08/31/99 17:14 RX NO.4370 P.009 1 2 63 + 5 7 00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 000000000 WALKER & WYLDER LTD 809 P10 AUG 31 199 16:12 74 the O Britc ishc Jouu rnap l oa f tion Mea dicl ine and one of these individuals had seen it Which individual had seen it and brought it to your attention or did the board bring it or one member of the board bring it One member of the board brought it to my attention during a closing discussion as I recall and they just wanted to make sure that I was aware of it and had read that particular study and I indicated I was because I had written a letter to the editor which was subsequently published in that journal as well which member of the board brought it to your attention I do not recall What is your recollection as to why it was significant that it be brought to your attention as you're understanding - The specific topic of asbestos was not brought up It was in the context of the findings of that particular study by Kaye Kilburn in which he is alleged to have found a high prevalence of small opacities and maybe some pulmonary abnormalities in that particular work force And when I was asked to address that by this board 08/31/99 17:14 RX NO.4370 NO.4370 P.010 | 2 2 3 4 in 40 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 000000000 WALKER & WYLDER LTD 809 PII AUG 31 '99 16:13 75 member I indicated to them that Kaye Kilburn had not been intellectually honest in reporting his results that I was aware of that fact and had sent a letter to the editor that indicated that in that G.E. Facility the levels of asbestos were ten times that of glass fibers And therefore any conclusion that anyone could draw that glass fibers could cause the opacities would be inaccurate because of the exposure to asbestos as being the most likely cause of the opacities?. Any interpretation of his results would be cause for question not only because he failed to have independent reviewers and readings of the chest films and pulmonary functions but also because he did not acknowledge multiple exposures in that particular research which could have confounded those results Did you ever work with Doban when he was a - time employee I worked for Dr. Doban He was a former senior president of science and technology For how long was the relationship one where you worked for him I believe it was the first two years of my 08/31/99 17:14 RX NO.4370 NO.4370 P.011 | |