Document 2JyRYzwpXeqrkDZDDXQ2bBaVL

TRANSCRIPT f' OF PROCEEDINGS IN THE CIRCUIT COURT OF MARSHALL COUNTY, WEST VIRGINIA KATHLEEN LAVENDER, Individually, as Executrix of the Estate of JOHN D. LAVENDER, JR., Deceased, and as the Next Friend of MARY BETH LAVENDER, a Minor, Plaintiff, -X V. MILES INC., an Indiana Corporation, Individually and as Successor-inInterest of MOBAY CORPORATION; SHELL OIL COMPANY, a Delaware Corporation; BP EXPLORATION AND OIL INC. d/b/a BP OIL COMPANY, an Ohio Corporation: BP CHEMICALS, INC., an Ohio Corporation; HERMAN R. RING, and COLUMBIAN CHEMICALS COMPANY, a Delaware Corporation, Defendants. * Civil Action Number 93-C-226 K -X DEPOSITION OF DAVID H. GARABRANT Washington, D. C. Tuesday, March 14, 1995 -ACE FEDERAL REPORTERS, INC. Stenorype Reporters 1120 G Street, NW Washington. D.C. 20005 (202)347-3700 NATIONWIDE COVERAOE 800-336-6646 1 1 I N THE C I R C U I T COURT 2 OF MARSHALL COUNTY, WEST V I R G I N I A 3 - X- - - - - - - - I - - - - - - - - - 4 KATHLEEN LAVENDER, I n d i v i d u a l l y , as .5 E x e c u t r i x of t h e E s t a t e o f J O H N D. 6 LAVENDER, J R . , D e c e a s e d , and as t h e 7 Next F r i e n d of MARY BETH LAVENDER, 8 a Minor, 9 Plaintiffs, : Civil Action 10 V. : Number 11 MILES I N C . , an I n d i a n a C o r p o r a t i o n , : 9 3 - C - 2 2 6 K 12 I n d i v i d u a l l y and a s Successor- in- 1 3 I n t e r e s t o f MOBAY CORPORATION: S H E L L .14 O I L COMPANY, a D e l a w a r e C o r p o r a t i o n : 15 BP EXPLORATION AND O I L , I N C . d/b/a 16 BP O I L COMPANY, an O h i o C o r p o r a t i o n ; 17 B P CHEMICALS, I N C . , a n Ohio C o r p o r a - 18 t i o n ; HERMAN R . R I N G ; a n d COLUMBIAN 19 CHEMICALS COMPANY, a D e l a w a r e 20 Corporation, 21 Defendants. . 22 ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 2 1 2 3 Washington, D. C. 4 Tuesday, March 14, 1995 5 6 Deposition of DAVID H. GARABRANT, called for 7 examination pursuant t o notice of deposition, on 8 Tuesday, March 14, 1995, in Washington, D. C., at the 9 law offices of Spriggs and Hollingsworth, 1350 Eye 10 Street, N.W., Suite 900, at 9:08 a.m. before JULIE 11 BAKER, a Notary Public within and for the District of Columbia, when were present on behalf of the 13 respective parties: 14 15 R. DEAN HARTLEY, ESQ. 16 Hartley f O'Brien 17 827 Main Street 18 Wheeling, West Virginia 26009 19 On behalf of Plaintiffs. -- --21 continued 22 ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 1 APPEARANCES (CONTINUED): 2 3 JOE G . HOLLINGSWORTH, ESQ. 4 BARBARA A. MILNAMOW, E S Q . 5 Spriggs & Hollingsworth 6 1350 E y e Street, N.W. 7 Washington, D. C. 20005-2305 8 On behalf of Defendant Miles Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 4 1 2 Whereupon, 3 DAVID H. GARABRANT 4 was called as a witness and, having first been duly 5 sworn, was examined and testified as follows: 6 EXAMINATION 7 BY MR. HARTLEY: 8 Q Doctor, would you tell us your full name. 9 A David H. Garabrant. 10 Q And we met a little bit ago. My name is 11 Dean Hartley. We're here to discuss the John 12 Lavender case. 13 Can you tell me what you've reviewed for 14 this case? 15 A Yes. Actually, I prepared a list of what I 16 reviewed, which needs to have a couple of things 17 added to it. 18 Q What does it need to have added? 19 A It needs to have added this tabulation of 2 0 John Lavender's work assignments and this deposition 2 1 by Herman Ring and this deposition by James Taylor. 22 Q Anything else? ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 5 A No. 2 Q Is there a legend on here somewhere to 3 describe what MR I1 is? Do you know what MR I1 is? 4 A I believe it is one of the plants in the 5 Mobay facility in Atrium, West Virginia. 6 Q I figured that too, but do you know 7 specifically what plant it is? 8 A I do not know - - I can point to it on a 9 map. I do not know what is made in this plant. 10 Q How about in the polyol, p - 0 - 1 - y - 0 - l ?Have 11 you considered this at all in your determination for today? 13 A Yes, I have. 14 Q Can you tell me what the polyol, 1 5 p - 0 - 1 - y - 0 - 1area of the plant is? 16 A I believe that's a facility that handles 1 7 polyols, which is a common term for polymers of 18 alcohols, also called glycol ethers or polyethers. 19 Q Do you have a map someplace of the plant? 2 0 A I do not have a copy of the map. 2 1 Q Do y o u know what building polyols are in? 22 A I could point to it on the map. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-:47-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 6 1 Q But sitting here, you have no independent 2 recollection of what building it's in; correct, other 3 than if you see a map it would refresh your 4 recollection? 5 A I could draw it. 6 Q Okay. Give me a drawing. 7 MR. HOLLINGSWORTH: Dean, while he's 8 drawing this diagram of the plant, he should 9 mention - - I think also he's probably neglected to 1 0 mention that he looked at the industrial hygiene data 11 as we referred to it so far in these depositions, 12 which, of course, would include the monitoring data 1 3 that we discussed most recently, I think, in 14 Dr. Rose's deposition. 15 MR. HARTLEY: Did he review the infamous 16 Carlos study? 1 7 MR. HOLLINGSWORTH: I believe that's on his 18 list. 19 THE WITNESS: Yes, I did, and I forgot to 20 add that. I apologize. 2 1 BY MR. HARTLEY: 22 Q Is the map on here? What is your ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-3366666 4lU-084-2550 60797.0 JB/hlb 1 understanding of which ray is north nd which wal 2 south on your map? So you have nitrobenzene above 3 the polyols? 4 A North of the polyols. 5 Q Where's iron oxide, which is north of - - 6 okay. 7 And how did you rely on this work history 0 in any way to come to your opinions in this case, 9 Doctor? 10 A I relied on that to give me information 11 regarding the job assignments that Mr. Lavender had 12 while he was on the Mobay site. 1 3 Q Did you have corresponding industrial 14 hygiene data for each of these j o b sites? 15 A I reviewed industrial hygiene data for the 16 benzene samples that were taken at a number of 1 7 locations throughout the plant that relate to the 1 8 benzene exposures and many of those areas. 19 Q Did you find any industrial hygiene studies 20 specifically dealing with electricians, contract 2 1 electricians? 22 A I reviewed industrial hygiene data that .. ..., e' ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-6.24-250 60797.0 JB/hlb a 1 consisted of area and personal samples in many of the 2 plants - - or I should say in a number of the plants 3 at the Mobay site. Those samples would be relevant 4 to anyone working in those plant areas. 5 Q Let me see if I can rephrase the question 6 for you. Did you find any specific monitoring, 7 specifically of the electricians, contract 8 electricians? 9 A I do not recall if there were any personal 1 0 samples made on contract electricians. There were 11 personal samples made on Mobay employees and area 1 2 samples in a number of areas throughout the plant 13 which are relevant to the determination of exposure 14 of whoever is in the area. 15 Q Did you determine whether there were 16 adequate studies of the facility? 1 7 A I do not understand. 1 8 Q Did you determine whether there were 19 adequate studies done of benzene monitoring in the 2 0 MNB area to assess the average benzene exposure in 2 1 that area? 2 2 A I ' m not sure what you mean by "adequate. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-684-2550 60797.0 JB/hlb 9 1 Q Quantitywise? 2 A I'm sorry? 3 Q Quant,ity, not quality. Were there enough 4 studies done to give you a basis to determine what 5 the average benzene exposure was for that area? 6 A I would say yes, there were many, many 7 samples taken. My impression, in thinking back over 8 the data, is yes. 9 Q What did you find to be the high exposure 10 in your review of the data? 11 A I don't - - you mean the highest exposure in 12 all the data? 13 Q Yes. 14 A I didn't make a mental note of the highest 15 exposure. 16 Q Did you make any notes at all of industrial 17 hygiene monitoring results? 18 A Do you mean written notes? 19 Q Yes, sir. 20 A Written notes, no, I did not. 2 1 Q Do you recall the lowest? 22 A I do not recall the lowest either. I ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6644 410-684-253 60797.0 JB/hlb 10 1 believe th t th 1 I st was below the limit o 2 detection and on some of those, I think that that was 3 in the range of .01 parts per million. 4 Q What was the limit of detection for 5 benzene? 6 A Using what method? 7 Q What methods were used at the Mobay plant? 8 A There were charcoal tubes, and there was an 9 HNU detector. 10 Q Are you familiar with charcoal tubes? 11 A I am somewhat familiar with charcoal tubes. 12 Q Are you familiar with what the lowest 13 amount of benzene a charcoal tube can detect? 14 A I do not know the literature on that. It 1 5 certainly has some dependence on the volume of air 16 that's drawn through the tube, and so I don't have a 17 single number. T o some extent, it depends on how the 1 8 sample is taken as well as on the tube. 19 Q Do you have any recollection of whether a 2 0 charcoal tube can detect benzene out to 3 decimals, 2 1 decimal places, . 0 0 1 , . 0 0 1 2 ? 22 A What units? ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 102-?47-3;00 800-3366646 410-684-2550 60797.0 JB/hlb 11 1 Q I'm sorry? 2 A What units are you referring to? 3 Q Units of parts per million. 4 A I do not know - - I do not know. The lowest 5 numbers I recall seeing were .01 PPM. I didn't see 6 anything lower than that, so I don't know if they can 7 detect - 0 0 3 or - 0 0 9 . 8 Q What did you find significant about the air 9 monitoring at Miles in light of Mr. Lavender's 10 disease process? 11 A I don't want to misinterpret your 12 question. What do you mean by llsignificanttl? 1 3 Q You reviewed all the monitoring; correct? 14 Did you find anything significant that would apply to 1 5 this particular case? 16 A I found things that were relevant, if 17 that`s the term. 1 8 Q Are you having a hard time with my word 19 It signif icant ? 20 A Yes. 2 1 Q What did you find relevant? 2 2 A Okay, thank you. There were many, many ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6446 410-68c2350 60797.0 JB/hlb I1 samples that indicated that the exposure levels were 2 routinely in the range of - 0 1 to a few tenths of a 3 part per million of benzene. 4 Q Did you find - - there were likewise samples 5 above that, were there not? 6 A There were occasional samples that were in 7 the few parts per million range. I 8 Q Did you notice the particular study that 9 was done by the trench on the day when an upset 10 occurred in the MNB unit? Were you aware of that 11 study? 12 A I do not recall that specifically. I ' d be 1 3 happy to look at that, if you want to direct me to 14 it. 1 5 Q Do you have the monitoring data with you? I 1 16 A I do not. 1 7 Q Did you rely on the monitoring data? 18 A Yes. I i i 19 MR. HOLLINGSWORTH: Do you want us to get 2 0 that? 2 1 MR. HARTLEY: See if I can do it this way 2 2 because there's no sense in wasting time. ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-347-3700 800-336-4646 110-684-2550 60797.0 JB/hlb 13 1 MR. HOLLINGSWORTH: We can get it for you. 2 BY MR. HARTLEY: 3 Q Do you have a recollection that there were 4 studies done indicating when an upset occurred at the 5 MNB unit, the monitoring above the trench was between 6 5 and 5 0 parts per million of benzene? 7 A I do recall seeing some monitoring data 8 that was in that range. I don't recall the incident 9 around which the monitoring was done, but I do recall 10 that in that range. 11 Q Would you agree that is a high level of 12 benzene in the air? 1 3 A I don't know what you mean by "high. 14 Q Would you agree it's above the OSHA 15 standard? 16 A Yes. 17 Q Do you agree that level of benzene could 18 cause leukemia? 19 A No. 2 0 Q What level do you think, Doctor, is 2 1 necessary to cause leukemia? 2 2 A I think that the epidemiologic literature ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-6&12550 60797.0 JB/hlb 14 1 supports the conclusion that cumulative exposures in 2 excess of 5 0 parts per million years is associated 3 with leukemia, although there`s some range of 4 estimates. Some studies show no risk below 200 parts 5 per million years, so I'd say somewhere between the 6 range of 50 and 200 parts per million years. 7 Q Do you agree acute monocytic leukemia is 8 associated with benzene? 9 A Acute monocytic leukemia specifically? 10 Q Yes. 11 A The evidence showing that there's an 12 association for that specific type of leukemia is 1 3 relatively sparse. 14 Q Do you have an opinion - - have you 1 5 testified before - - that's related in the Bradley 1 6 case specifically - - that there's an association 1 7 between the two? 1 8 A For acute monocytic leukemia? 19 Q Yes. 2 0 A To my recollection, I don't believe I've 2 1 said that about that specific type of leukemia. 2 2 Q Well, let's look at it first so we can get ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 102-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 15 1 that out of the way. Do you remember Mr. Nace taking 2 your deposition? 3 A Yes. 4 Q I know you said it in here, Doctor, because 5 I remember you spelling it out for them. I don't 6 remember where, but bear with me for a second. 7 Have you seen Kenny Crump's reevaluation of a the Rinsky and Infante cohort that was published in 9 1994? 10 A I don't recall that. 11 Q Have you searched the literature before the 12 testimony today? 13 A I did. 14 Q You didn't come across that new update? 1 5 A I seem to have missed it. Could you give 16 me a citation on it? 1 7 Q Could I? Sure could. I think it's in R i s k 18 Analysis - - sorry. Journal of Toxicology and 19 Environmental Health, line 42, page 219. You haven't 2 0 seen that before today? 2 1 A I do not recall that article. 22 Q Do you think you'll have time to read ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 +410-68.-25M 60797.0 JB/hlb 16 1 Rinsky and Infante's cohort before trial? 2 A I would certainly like to. 3 Q When did you last search the literature? 4 A Last week. 5 Q Did you come across that? 6 A Missed it. 7 Q Let me show you, Doctor, pages 118 and 119 a of your deposition in the - - titled Mary Montgomery 9 versus Tricontinental Industries, et al., 10 specifically to the pages that I have marked down at 11 the bottom. 12 A Yes. 1 3 Q In that deposition, did you say there was 14 an association between benzene and acute myelogenous 1 5 1eukemia ? 16 A Yes, I did. 17 Q Did you include within the acute i a myelogenous leukemia acute monocytic leukemia? 19 A It is one of the subtypes that is included 2 0 in the broader heading acute myelogenous leukemia. 2 1 Q During this deposition in May of 1994, did 2 2 you say that acute monocytic leukemia was related to ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-6&e2550 60797.0 JB/hlb 17 1 benzene or associated with benzene? 2 A I don't think that is what I said. 3 Q What do you think you said in that 4 particular instance? 5 A I think I said that the broader heading, 6 acute monocytic leukemia, is associated with 7 benzene. I did not say that there was adequate 8 evidence for each of those specific subtypes to 9 establish that they're associated with benzene. 10 Q The question was asked "is it your opinion 11 that there is sufficient evidence to show that 12 benzene does cause some leukemias? 1 3 "Answer: I've answered that and the answer 14 is yes." 1 5 That was your answer. 16 "Question: Which leukemia? 17 "Answer: Acute myelogenous. 18 IIQuestion: Anything else? 19 "Answer: That families of leukemia, which 20 means the leukemias that are derived from the 2 1 monocytic series of cells. 22 "Question: Name them. ACE-FEDERAL REPORTERS, Isc. Natronwide Coverage 202-347-3700 LW-336-6646 I 10484-350 60797.0 JB/hlb 18 1 You go on to name them and include 2 monocytic. Are you telling me that doesn't mean that 3 monocytic leukemia is related to benzene or 4 associated with benzene? 5 A What I ' m telling you is that the scientific 6 evidence is adequate to establish the association for 7 the family. It is not adequate to establish the 8 association for each specific member of the family. 9 Q Did you say that here? 10 A Did I say what there? 1 1 Q Just what you told me. The question was 12 asked Itwhich means what?" And you said "the 1 3 leukemias that derive from the myelocytic series of 14 cells. 1 5 You didn't say anywhere in this - - and you 16 can look at it again if you'd like - - that there is 17 not adequate association between each of these i a individual types under the AML category. 19 Are you saying that's what your testimony 2 0 is today? 2 1 A What I ' m saying today is I consider the 22 scientific evidence adequate to establish a causal ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-4646 110-684-2550 60797.0 JB/hlb 19 1 association between benzene and acute myelogenous 2 leukemia under circumstances of exposure that exceed 3 20 - - I should say 50 to 2 0 0 parts per million years 4 assuming adequate latency is met. I am not saying 5 that the scientific data are adequate to establish a 6 causal association for each of the specific subtypes 7 of leukemia that are categorized under the heading 8 acute myelogenous leukemia. 9 Q That's what you're saying today? 10 A That is what I ` m saying today, and I 11 believe that's consistent with what I told Mr. Nace. 1 2 Q And you haven't reviewed Kenny Crump's 1 3 article in `94 which discusses specifically acute 14 monocytic leukemia? 1 5 A To my recollection, I have not seen that 16 article. If you might let me look at i t , I might 1 7 recall having seen it. 18 Q Do you have a list of all the articles you 19 have reviewed? 20 A I do not have a list. I have brought them 2 1 with me. 22 Q Do you want to take a look through your ACE-FEDERAL REPORTERS, INC. Natronwide Coverage 209-:47-3700 800-336-6646 410-084-253 60797.0 JB/hlb 20 1 binders to see if it's in there? 2 A I have. Q It's not in there? 4 A No. Q Would it be fair to say you've included every article you've read for today's deposition in these binders? 8 A Yes. 9 Q Does individual susceptibility have any 10 part in the development of leukemia as i t relates to 11 benzene? 12 A I ' m not sure what you mean by "individual 1 3 susceptibility. 14 Q What does that term generally mean to you? 1 5 Some people are more susceptible than others? Some 16 people may have a development of a disease process, 17 regardless of what the toxin is, at lower levels than 1 8 the person next to him who may have a disease process 19 or no disease process at a higher level? Do you 2 0 understand individual susceptibility? 2 1 A Let me try to rephrase what I think you`re 2 2 saying, that people`s susceptibility to the ACE-FEDERAL REPORTERS, INC. NationwideCoverage I 202-347-3700 800-3cM6646 410-684-2550 60797.3 JB/hlb 21 leukemogenic effect of benzene varies such that some people are more susceptible to that than others. Is that what you mean? 4 Q I'm asking you if - - what is your - - let me 5 do it this way. 6 What is your understanding of "individual 7 susceptibility," if you understand the term, and if 8 you don't understand the term, we'll move on. 9 A Well, it's a vague term. 10 Q Is it in the literature? 11 A I don't know if it's in the literature or 12 not. 1 3 Q Is it in the benzene literature? 14 A I'm not aware of it in the benzene 15 literature. i6 Q Do you think you'll be looking at the 17 benzene literature between now and trial to see i f 1 8 that term is in there, because I'm representing to 19 you that it is. 2 0 A Put it this way. In the epidemiologic 2 1 literature, I'm not aware that there is any support 2 2 for the notion that individual susceptibility to ACE-FEDERAL REPORTERS, Ixc. Nahonwide coverage 202-347-3700 $00-336-6646 4 10-684-2550 60797.0 JB/hlb 22 1 leukemia explains risk. 2 Q I understand that. I understand that 3 completely. But what is your understanding of the 4 term "individual susceptibility" since you've now 5 used it in your own answer. 6 A Well, again, I'm not sure I understand what 7 you mean by it. The question I asked you was whether 8 you meant that individuals varied in their 9 susceptibility to leukemia in terms of the dose of 10 benzene that would cause that. That's what - - I 11 don't know what you mean. 12 Q Is that your definition of individual 1 3 susceptibility, what you just said? 14 A I don't have a definition of i t in this 15 setting because I'm not sure what you're asking me. 16 There are myriad definitions of individual 1 7 susceptibility, and I ' m not sure what it is you're 18 trying to ask me. 19 Q Have you ever used the term tfindividual 20 susceptibility" before? 2 1 A I don't recall whether I've used that term 22 or not. ACE-FEDERAL REPORTERS,INC. Nationwie Coverage 202-347-3700 800.33%6644 410-664-2550 60797.0 JB/hlb 23 1 Q Have you used that term in the T D I cases? 2 A Have I used that term in the T D I - - 3 Q You've done T D I cases in the past, haven't 4 you? 5 A What do you mean "done T D I cases"? 6 Q You've testified as an expert in the T D I 7 cases; correct? 8 A I don't recall testifying in a T D I case. 9 Perhaps you could refresh my memory. 1 0 Q We'll do it at a later time. How about in 11 an M D I case? Have you testified in an M D I case? 12 A I don't recall testifying in an M D I case. 1 3 Q Have you testified in any isocyanide case? 14 A Not to my recollection. 1 5 Q Have you reviewed T D I cases for litigation 16 purposes ? 17 A I believe I have. 1 8 Q And you didn't testify in those cases? 19 A Not to my recollection. 20 Q What about the M D I cases? 2 1 A What about them? 2 2 Q You did not testify - - you reviewed those ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-33644% 41O-b&62550 60797.0 JB/hlb 24 1 cases for litigation purpos S ? 2 A I don't recall whether I've ever reviewed 3 an MDI case for litigation purposes or not. I've 4 seen such cases in clinic. And I`ve reviewed their 5 records. I don't remember if I've done that in 6 support of litigation or not. 7 Q Isocyanide cases, have you reviewed any 8 isocyanide cases generally for litigation purposes? 9 A I think I just said I've reviewed TDI 10 cases, and TDI is one of the isocyanides, so the I1 answer is yes, I think I've reviewed records on TDI 12 for litigation purposes. 1 3 Q Did you prepare reports in those cases? 14 A I do not recall whether I did or didn't. I 1 5 know I've seen lots of them in clinic, and have 16 prepared clinical summaries. I don't remember if 1 7 I've prepared documents in addition t o that. I've 1 8 certainly done clinical summaries. 19 Q How does benzene damage the bone marrow, do 20 you know? Let me ask you this first. Is benzene 2 1 known to be a myelotoxic agent? 22 A Benzene is known to damage the bone marrow ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 41o-bs4-2550 60797.0 IJB/hlb 2 Q And how does that occur? 3 A Do you mean what are the cellular 4 mechanisms and biochemical mechanisms? 5 Q Yes. 6 A I don't know. 7 Q What is your understanding, other than the 8 fact that at high levels it causes bone marrow 91 problems? Do you know anything else about how 110 benzene affects the bone marrow? 11 A I know at high exposure levels, it can I It can cause aplastic anemia. 13 ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-684-2550 60797.0 JB/hlb 26 1 Q Yes. 2 A Actually, I've never studied that. I don't 3 know. 4 Q Will that be something you'll look at 5 before trial, too? 6 A Well, you've intrigued me. I ' l l probably 7 take a l o o k at that. 8 Q Is benzene a mutagenic agent? 9 A I'm sorry. I didn't quite understand the 10 question. What agent? 11 Q Mutagenic. I can never pronounce the 12 word. 1 3 A My understanding of that area, of the 14 scientific literature is it's been very difficult f o r 15 laboratory scientists to demonstrate that benzene is 16 mutagenic. And I remember it took a long time to 17 develop an appropriate animal model or model in 1 8 animal cell lines to demonstrate that. 19 I do not actually know the details of the 2 0 circumstances under which mutagenicity of benzene has 21 and has not been demonstrated. 2 2 Q Are you making a note to yourself, Doctor? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6446 410-684-2550 60797.0 JB/hlb 27 1 A I am. 2 Q Do you intend to review that subject before 3 trial? 4A Briefly . 5 Q How about chromosome damage? Does benzene 6 cause chromosome damage? 7 A I'd have to say again, that`s an area where 8 I don't know the literature in great detail. My 9 recollection is that there have been reports of 10 chromosome changes related to benzene, but again, I 1 1 did not review the molecular and genetic literature 12 on the effects of DNA in preparation for this 1 3 deposit ion. 14 Q That doesn`t come into your equation as to 1 5 whether there's a causal relationship between 16 Mr. Lavender's exposure to benzene at the Miles 1 7 facility and his subsequent development of acute 18 monocytic leukemia? 19 A The answer is it plays a fairly modest 20 role. I ' m certainly interested in whether there is 21 biologic plausibility for the association between 22 benzene and leukemia, and consideration of biological ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-347-3700 YOU-llh-6646 410-6&-LW 60797.0 JB/hlb 1 plausibility does play a role in my assessment of 2 whether that association is causal. 3 The actual mechanisms by which benzene 4 might cause leukemia in humans and in other animal 5 species are fairly detailed, and I did not review 6 them in depth - - I did not review them in preparation 7 for this deposition. 8 Q Have you ever reviewed them? 9 A I ' v e read some of that literature, yes, 10 over the years. 11 Q How long ago - - when was the last time y o u 12 read that literature? 1 3 A I don't recall the last time I read any of 14 that literature. I know I've seen that literature on 1 5 any number of occasions over the past 15 years. 16 Q Did you review that literature for the 17 Bradley deposition, the Mary Montgomery deposition by 18 Mr. Nace? 19 A The literature on genetic damage and 2 0 mechanisms of carcinogenicity of benzene? 21 Q That's correct. 22 A No. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 2C2-347-3700 800-336-6646 410-684-25550 60797.0 JB/hlb 29 1 Q Have you ever testified in a specific pure 2 benzene case prior to Bradley? 3 MR. HOLLINGSWORTH: Objection. Bradley 4 wasn't a pure benzene case. 5 MR. HARTLEY: I understand t_hat. I'm not 6 implying that it was. I'm looking to see if he 7 testified in a pure benzene case - 8 MR. HOLLINGSWORTH: Even though your 9 question implied that it was. 10 MR. HARTLEY: I apologize that it was. 11 THE WITNESS: I don't believe I have. 12 BY MR. HARTLEY: 1 3 Q You have never testified in a pure benzene 14 case before this one; correct? 15 MR. HOLLINGSWORTH: Same objection. 16 THE WITNESS: To my knowledge, I've never 1 7 testified in a pure benzene case. 18 BY MR. HARTLEY: 19 Q Is this a pure benzene case? Benzene is I20 not part of a solvent. It`s not part of a gasoline. 2 1 It is basically released into the atmosphere by the 2 2 process of making MNB. Would you agree this is a ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-736-6646 ~10-684-2550 60797.0 JB/hlb 30 pure benzene case? MR. HOLLINGSWORTH: Objection. THE WITNESS: I ' m not sure whether this is a pure benzene case or not. I've been asked to review the epidemiologic literature on benzene and leukemia. I'm not sure I know the breadth of the issues in the case. 8 BY M R . HARTLEY: 9 Q Other than the Bradley gasoline case, can 10 you tell me what other cases you've testified in that 11 concern benzene in any way? 12 A To my recollection, none. 1 3 Q Have you testified in any cases concerning 14 benzene in solvents? 15 A To my recollection, no. 16 Q Was Bradley the very first case that you`ve 17 testified in concerning benzene exposure and the 1 8 development of leukemia? 19 A Yes. 2 0 Q Was Bradley the first case that you 2 1 testified in concerning benzene exposure and any 22 hemopoietic cancer? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 31 1 A I believe so. 2 Q Was Bradley the first case that you 3 testified in concerning benzene and any type of blood 4 disorder? 5 A I believe so. 6 Q Have you written anything on benzene? 7 A I'd have to look at my CV. 8 Q Do you have it with you? 9 A I do. 10 Q Take a look at it and see. 11 A Yes. 12 Q What was that? 1 3 A I coauthored a report on electric and 14 magnetic field exposures, chemical exposures and 15 chemical risks in electrical occupations. 16 Q Which one is that? 1 7 A Number 49, to the Electric Power Research 1 8 Institute. That study included some discussion of 19 benzene, I believe. 20 Q Excuse me, Doctor. Just a second. When 2 1 was that published? 22 A That was published in 1992. ACE-FEDERAL REPORTERS,INC. Nationw.ide Coverage 202-347-3700 rn~-736-6446 -110-6%155O 60797.0 JB/hlb 32 1 Q What page are you on? 2 A I'm on page 12. 3 Q I don't have that on this. What's the date 4 of your CV? 5 A November '94. 6 Q I've got July of '94. That's what I was 7 provided. 8 A Can I assist you? 9 Q Sure. 10 A 4 3 . 1 1 Q 4 3 is now 4 9 ? 12 A Yes. I also authored an article looking at 1 3 mortality in shoe and leather workers, cancer 14 mortality in shoe and leather workers in 1 5 Massachusetts. 16 Q What number was that? 17 A It's 5 on my version. I think it's 1 8 probably 5 on yours. Those numbers don't change. 19 Q Yes. 1984? 2 0 A Yes. That's certainly relevant to the topic of benzene. I can't recall specifically what 22 it says about benzene in that it's been 11 years. I** ACE-FEDERAL REPORTERS, INC. NationwideCoverage 202-U7-3700 800-336-4646 410-684-2550 60797.0 JB/hlb 33 1 Q And the article or the study that you did 2 for the Electric Power Research Institute in '92, 3 that was not peer reviewed, was it? 4 A That version of it was published by EPRI 5 with an internal review. We actually did publish a 6 peer reviewed paper which came out in 1994, which is 7 number 37 on your copy of my CV, and that derived 8 from that same report. 9 Q When I compare the 3 7 on my CV and the 4 3 , 10 llchemicalexposures11are missing from the peer 11 review study. Can you explain that from the title 12 anyway? 1 3 A Well, I don't know why we chose to edit the 14 title, other than to make it shorter. The fact is 1 5 that the study was designed to look at chemical 16 exposures among people who held jobs that had 17 electromagnetic field exposure to determine if those 1 8 chemical exposures confounded the relationship 19 between EMF and leukemia. 2 0 Q Did you come to any conclusions? 21 A Yes. 2 2 Q Which were? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-37-3700 800-3%-6646 410-684-2557 60797.0 JB/hlb 34 1 A That the chemical exposures did not 2 confound that relationship. 3 Q Based upon what? 4 A Based upon an assessment of which occupations had chemical exposures and analyses that showed that they were not - - that they didn't appreciably confound the relationship. Q Was it because the individuals who 9 allegedly developed leukemia from electromagnetic 10 fields were not exposed to chemicals that could cause 11 or could be associated with leukemia? 12 A My recollection is that the prevalence of 1 3 exposure was low and that it didn't act as a 14 confounder, and so there was not founding. 1 5 Q The chemical exposure? 16 A The chemical exposures did not act as 1 7 confounders, that's correct. 1 8 Q Do you have a copy of that study, Doctor, 19 that I can get from you, since it's not published in 2 0 the open literature? 2 1 A The EPRI version of it? 22 Q Yes. ACE-FEDERAL REPORTERS, h c . Nationwide Coverage 202-347-3700 800.336.6646 410434-2550 35 A Yes, I do. Q Do you happen to have it with you? A No, I do not. Q Can I get a copy of that from you? A Yes, 1'11 have to Xerox it. It's a big thing. Q That`s okay. You can bill me for it. A That can also be purchased directly from E P R I . You can phone him up - - Q In Palo Alto? A Sure. It's one of their publications. You can call them up. Q I'll do that. Don`t worry about it. What do you have on your list so far - A Of things to do? Q Yes. A I need to get the Crump article from the Journal of Toxicology and Environmental Health, 1994. I need to look and see whether benzene causes leukopenia in the absence of pancytopenia, and I need to review if benzene is mutagenic. Q What specific chromosome, if any, does ACE-FEDERAL REPORTERS, INC. NationwideCoverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 36 1 benzene affect? 2 A I don't know. 3 Q Does benzene cause - - have you looked at 4 the literature at all with regard to benzene in 5 chromosomes? 6 A Not in a systematic matter, no. 7 Q Have you done any of that review for 8 today's deposition, systematic or nonsystematic? 9 A No, I haven`t. 10 Q You're not aware of the new studies out 11 discussing chromosome damage from benzene that were 12 published in ` 9 4 and ` 9 5 ? 1 3 A I'd have to say I don't believe I have. 14 Q Are you going to rely on any of the 15 chromosome damage in this particular case to express 16 an opinion that benzene did or did not cause or is 17 associated with Mr. Lavender's AML? 18 A No. 19 Q Do you have any understanding at all of the 2 0 significance of chromosome damage from benzene in 2 1 exposed workers? I'll change llsignificantiito 2 2 "relevantlr for you. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 102-347-3700 800-336-6626 410-684-2550 60797.0 JB/hlb 37 1 A I'd have to say that's not an area that 2 falls within my - - that part of the literature 3 doesn't fall within my area of expertise. I know I 4 have seen some articles on that that discuss 5 chromosomal changes in the various types of leukemia, 6 but I would have to say I have very little knowledge 7 of that area. 8 Q So you don't have an appreciation of the 9 true significance or relevance of the literature 10 concerning chromosome damage as it relates to benzene 11 exposure, do you? You know it's out there, but you 12 don`t really know what the significance of it is in a 1 3 cause-and-effect relationship? Go ahead. I ' m 14 listening. 15 A My knowledge of that area is limited, and I 16 did not review that in preparation for this 17 deposition. 18 Q Do you think an understanding of that area 19 would help you determine whether there is a causal 2 0 relationship between Mr. Lavender's benzene exposure 2 1 and his development of acute monocytic leukemia? 22 A No. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 101-347-3700 800-336-6644 410484-2550 60797.0 JB/hlb 38 1 Q And why is that? 2 A Because Mr. Lavender doesn't satisfy the 3 criteria that are necessary to think that benzene was 4 a risk factor in his leukemia at all. 5 Q But then again, you don't know what the 6 literature says on chromosomes, so you can't totally 7 exclude that, can you, from your equation? 8 A I think I can based on the strength of the 9 epidemiologic literature. 10 Q So because of the strength of the 11 epidemiological literature, you don't need to know 12 about the chromosome damage; correct? 1 3 MR. HOLLINGSWORTH: I object to the 14 question on the ground that it proceeds from an 1 5 inference that there is chromosome damage, evidence 16 unavailable in this case at all. 1 7 MR. HARTLEY: Sure. Your own doctor said 1 8 there was evidence of chromosome damage. He didn't 19 think it was related to benzene, but he didn't know 20 the literature on benzene and chromosomes either. 21 MR. HOLLINGSWORTH: He knew it better than 22 anybody on this planet, but he didn't say there was ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 I 60797.0 JB/hlb 39 1 damage. He said there was a translocation. 2 BY MR. HARTLEY: 3 Q With all that said, Doctor. 4 A Would you repeat the question. 5 Q Basically your opinion is based on the 6 epidemiological study and the lack of association 7 between Mr. Lavender's exposure and his development 8 of acute monocytic leukemia; correct? 9 A My opinion is based on knowledge of the 1 0 scientific literature that strongly supports the 1 1 conclusion that he was not adequately exposed to 12 place him at risk of leukemia. 1 3 Q And it is not that specific basis that 14 permits you to exclude a review of the literature I which discusses chromosome damage in your analysis? !l 5 16 1 A That is one of the reasons, and it is the i I1 7 major reason, yes. 1 8 Q What are the other reasons? One, that you 19 don't understand it, the chromosome area in the 2 0 literature? A No. I don't think that would be one of my 211 2 2 j reasons. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 40 1 Q You do or don't think it would be? 2 A I don't think that would be. The 3 exploration of a mechanism by which benzene might 4 have caused Mr. Lavender's leukemia is conditional on 5 his having had adequate exposure to think that 6 benzene caused it. 7 If he wasn`t adequately exposed, there's no 8 reason to review literature on the mechanisms by 9 which benzene causes leukemia at very high exposure 10 levels or prolonged exposure. 11 Q But you don't know whether the literature 12 discusses high exposure levels or low exposure levels 1 3 when they`re discussing chromosomes, do you, because 14 you haven't reviewed that literature? 1 5 A I think I know enough about that literature 16 to say that there is not literature that would relate 1 7 to exposures in the less than 1 part per million i a range in demonstrating mechanisms by which leukemia 19 would cause benzene. 2 c Q Benzene would cause leukemia? 21 A Excuse me, benzene would cause leukemia. 2 2 Q You don`t understand how benzene causes ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 110aSe25M 60797.0 JB/hlb 41 leukemia; correct? All you know is that it causes bone marrow damage and from that springs leukemia with the appropriate exposure and appropriate latency 4 and period of time; correct? 5 A I do not know all of the mechanistic steps 6 by which benzene causes leukemia, and it's my 7 impression that those steps are largely unknown. 8 Q Have you reviewed the literature on the 9 mechanistic steps to leukemia from benzene exposure? 10 A I have not reviewed that systematically. I 11 have read that over the years, keeping up with 12 progress in that area. 1 3 Q Do you think you'll review that issue 14 before we get to trial on the 15th of May? 1 5 A I will probably look at review articles to 16 see what the current state of knowledge is. I will 17 probably not go back to the original literature on 1 8 that topic. 19 Q You're writing that one down, too? 20 A Yes. 2 1 Q Okay. How old are y o u , Doctor? 2 2 A How old am I? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 ,10-684-2330 60797.0 JB/hlb 42 1 Q Yes. 2 A 44. 3 Q You l o o k younger than I do. I'm only 39. 4 A Thank you. 5 Q It was a compliment. 6 A And I took it in that spirit. 7 Q Will you be looking at the studies that 8 discuss low level exposure to benzene and chromosome 9 damage before trial? 10 A Probably not. 1 1 Q If I would tell you that there are articles 12 out there which discuss exposure to less than 3 parts 1 3 per million causing chromosome damage, would you find 14 that in any way relevant to the equation of 1 5 Mr. Lavender's acute monocytic leukemia? 16 MR. HOLLINGSWORTH: I object to that. 1 7 MR. HARTLEY: Assume for purposes that 1 8 there are. 19 MR. HOLLINGSWORTH: Are you talking about 20 animal studies? 2 1 MR. HARTLEY: Yes. 2 2 THE WITNESS: I would find that of - - ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-347-3Mo 800-336-6646 410-684-25% 60797.0 JB/hlb 43 1 BY MR. HARTLEY: Q Let me do it this way. You've reviewed other animal studies in other situations, haven't you? A I'm not sure what you mean by "other situations." 7 Q In attempting to determine a causal 8 association, you have reviewed animal studies and 9 have testified that animal studies do provide some 1 0 evidence of a causal association, have you not? 11 A I don't recall to what I've testified. 12 However, it is my opinion that animal studies are 1 3 relevant to the determination of carcinogenicity to 14 humans, so they certainly can be relevant. 1 5 Q Do you think that there would be any 16 relevance in animal studies which demonstrate 1 7 chromosomal changes at below 3 parts per million? 1 8 MR. HOLLINGSWORTH: What kind of chromosome 19 damage? 2 0 MR. HARTLEY: He doesn't understand the 2 1 chromosome changes anyway, so it doesn't really 22 matter. Generally speaking, chromosome damage. ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 8007336-66.16 410-6&b25M 60797.0 JB/hlb 44 1 MR. HOLLINGSWORTH: Ob] e t. 2 MR. HARTLEY: That's okay. 3 BY MR. HARTLEY: 4 Q That means you can answer. 5 A I think they are peripheral to the issue of 6 whether benzene causes leukemia in that the human 7 epidemiologic literature quite clearly does not show 8 evidence of risk at levels of exposure that low. 9 Q That's because the studies don't have the 10 power to do that, do they? 11 A No, I would not agree with that answer. 12 Q The studies are smaller studies, aren't 1 3 they, that do show a relationship? 14 A I don't understand that question. 1 5 Q Number of people in the cohort. 16 A I still don't understand the question. 17 Q What studies have you reviewed for this 1 8 particular case? Would you itemize them for me, the 19 epidemiological studies. 2 0 A Well, I'd have to go through my books. Do 2 1 you want everything, or do you want the important 2 2 studies? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-3.17-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 45 1 Q I'd like to have the pertinent ones, the 2 ones that you're basing your opinion on specifically 3 that there needs to be 5 0 parts per million years 4 with an adequate latency period. 5 A Okay. 6 Q Can you do that for me. 7 A Yes. I would include the study by Wong in 8 1967 of chemical workers, a study by Ott of chemical 9 workers published in 1978. I would include the two 10 studies by Paxton in 1994. 11 Q What did she study? 12 A Pliofilm workers. 13 Q She reevaluated the Rinsky and Infante 14 study. Any other ones? 15 A Yes. I would also include the studies by 16 Devine published in '85 and '87. 1 7 Q Of what cohort? 18 A Gasoline workers. I would include - 19 Q Gasoline workers? 2 0 A Yes, or I should say refinery workers 2 1 exposed to gasoline. I would include the studies by 22 Rushton, also of refinery workers and petroleum ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-37-3700 8Oo-Z3dh46 410-684-2550 60797.0 JB/hlb 46 1 distribution workers. 2 Q What year was that? 3 A That was 1993. 4 Q Was that Rushton by himself or Rushton and 5 A1derson? 6 A It's a she, I think, and I think it's with 7 Alderson. I'd have to look, but I believe it`s both. 8 Q Is that the study of the eight refineries 9 in Great Britain? 10 A Yes, it's in Great Britain. I would 11 include Wong in 1995, another reanalysis of the 12 pliofilm workers. And those are the major ones. 13 I ' m sure if we start to talk about some of 14 the issues in detail, I may use other literature in 1 5 addition but those are the principal studies u p o n 16 which my answer rests. 17 Q You did not include the Bond update of the 1 8 Ott study. Do you intend to utilize that? 19 A Yes, I should use that as well. Thank 2 0 you. 2 1 Actually, let me add one other. There's a 2 2 new update by Delzel of the Shell cohort. ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 47 1 Q That was Thorpe's study earlier? 2 A I`m sorry? 3 Q Not Shell. That was Exxon. Go ahead. 4 A That's 1995. 5 Q Where is that published? 6 A JOM. 7 Q M, you did say M? 8 A JOM, yes - - excuse me, JOEM, Journal of 9 Occupational Environmental Medicine. 10 Q Doctor, how is benzene removed from the 11 body? 12 A I believe it's metabolized to phenol which 1 3 is excreted by the kidneys. 14 Q Do you know what the half-life is? 1 5 A It's fairly short. I don`t have a number, 16 but it's in the matter of days, at least. 1 7 Q Is that the only way for it to be removed 18 from the body? 19 A Oh, I think you could exhale a small 2 0 proportion of it unchanged. There are probably other 2 1 metabolic pathways that are less important than 2 2 phenol. I don't recall them offhand. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-68.1ZjO 60797.0 JB/hlb 48 1 Q Can the worker exposed to benzene eliminate 2 all of the benzene that he is exposed to over a 3 workweek? 4 A I would have to look that up. It certainly 5 would eliminate a very large proportion of it. 6 Q Would some still remain in the bone marrow 7 by the end of the workweek? 8 A I do not know the literature on that 9 point. My understanding of the kinetics of excretion 1 0 of benzene are that a very large proportion of it 11 would be eliminated within a few days, which would 12 imply that a very small proportion would be 1 3 retained. Since it's a lipophilic solvent, I would 14 expect it would be retained in fatty tissues of the 15 body. 16 Q Do you have an opinion as to whether all 17 the benzene is ever removed if the individual worker 18 continues to be exposed? Do you understand the 19 quest ion? 20 A No. 2 1 Q In other words, is there a cumulative - - is 2 2 there an accumulation of the benzene in the marrow ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.3 JB/hlb 49 1 over the course of the workweek or work-month or 2 work-year? 3 A The answer is no, there's not an 4 accumulation. It would be true that under a steady 5 state exposure, you would reach equilibrium such that 6 the absorbed amount and the amount eliminated by 7 excretion, both of the parent compound and the 8 metabolites, would be in balance, but I don't think 9 that it actually accumulates in any sense. Q At what level does the bone marrow become 11 damaged? 12 A I'm not sure what you're referring when you 1 3 say "level." Are you talking about air level, blood 14 level, cell level, fat level? 1 5 Q At what particular air level of benzene 16 does the bone marrow become damaged? 17 A I don't think we know a specific number. 18 The literature that addresses that issue comes 19 largely from circumstances of very high uncontrolled exposure, such as in the shoe industry in Turkey, the reports by Aksoy and some from Italy. It's clear 2 2 from the descriptions in those reports and the small ACE-FEDERAL REPORTERS, IKC. Nationwide Coverage 202-347-3700 SDo-736-4646 410-684-2550 60797.0 JB/hlb 50 1 amount of measurement of exposure, that the levels 2 are well up in the many hundreds of parts per 3 million. 4 Q But you have not reviewed the literature 5 concerning lower level exposure and damage to bone 6 marrow, have you? Not the epidemiological 7 literature, but the other scientific literature. 8 MR. HOLLINGSWORTH: I object t o that 9 question. You're referring to animal data again or 10 epidemiologic data? 11 MR. HARTLEY: Any data. I'm not referring 12 specifically to epidemiologic data on that. 13 THE WITNESS: The human literature, I do 14 know some of that. So the answer is yes, I do know 15 some of that literature. 16 B Y MR. HARTLEY: 1 7 Q Specifically what literature would you rely 18 on concerning that specific point? 19 A I couldn't cite specific articles offhand. 2 0 I know there have been a number of studies of 21 hematologic changes among workers exposed to l o w 22 levels of benzene in industry that do not show any ACE-FEDERALREFQRTERS, hC. Nabionwldc Coverage 202-347-3700 800.- 410-684.2550 60797.0 JB/hlb 51 1 affects on cell co nts or bone marrot function, and 2 so I can't cite the articles offhand. I could 3 certainly pull those together for you. 4 Q Did you review them before today? 5 A I have reviewed that topic in the past. I 6 did not specifically prepare that topic for today, 7 but I'm generally familiar with the area. 8 Q I notice you didn't indicate the Wong ' 8 3 9 study. Did you review the Wong ' 8 3 study? 10 A I do not know offhand which study that is. 11 What's the citation on that? 12 Q It was a study done for CMA. 12 A I don't believe I know that study. 1 f Q Have you ever seen that study cited in the 1 E literature when you were doing the - - If A Without having a citation to know exactly 1' which study we're talking about, it's hard for me to It know if I've seen that cited. l! Q 1 / 1 1 see if I can get you a cite. It's not 21 in the open literature. I think it's published by ..-- 2 : his group. Here it is. "Comments on the NIOSH study 2: of leukemia in benzene workers technical report'! ACE-FEDERARELPORTERS, INC. Nationwide Coverage 202-347-3700 800-336.6666 410-684-25W 60797.0 JB/hlb 52 1 submitted to Gulf Canada Limited by Environmental 2 Health Associates, August '83. 3 A I do not know that particular document. 4 Q So you don't know what Wong said in that 5 particular study, do you? 6 A No, I do not. 7 Q Have you reviewed Dr. Wong's testimony a before OSHA? 9 A On what occasion? 10 Q Have you reviewed any of Dr. Wong's 11 testimony before OSHA? 12 A I do not recall offhand. I know I've read 1 3 a lot of things he's said. I don't recall offhand if 14 I've read testimony before OSHA. 15 Q March 4, 1986 was the date of the 16 submission. 1 7 A Was it published in the Federal Register? ia Q You know, I don't know whether it was or 19 not. I know it's on the OSHA docket. 2 0 A I probably did not read it if it did n o t 21 come out in the Federal Register. 22 Q Doctor, do you agree that cytotoxicity is ACE-FEDERALREPORTERS, b C . Natianwiida Coverage 202-347-3700 m-3364646 410.68c2sSo 60797.0 JB/hlb 53 1 associated with the development of c nc r ? 2 A Sometimes. Sometimes not. 3 Q When would it not be? 4 A There are many instances. We could kill 5 cells by making them hypoxic and that's cytotoxicity, 6 and that's not associated with the development of 7 cancer. 8 Q Anything else? 9 A We could kill them with cyanide. That's 1 0 not associated with cancer. We could physically burn 11 them. We could disrupt them osmotically. We could 12 come up with a long list of agents and circumstances 1 3 that were cytotoxic that had nothing to do with 14 cancer. 15 Q Could we damage them through benzene 16 cytotoxically? 17 A I suppose you could manage that in the 18 laboratory. I don't know that you can do that in 19 living people, if we're talking about people. Which 20 species are we talking about? 2 1 Q We'll talk about people right now. Does 22 benzene cause cytotoxic damage, or is benzene a ACE-FEDERALR,INC. NationwideCoverage 202-347-3700 8Oo-m 410-684-2550 60797.0 JB/hlb 54 1 cytotoxic agent? 2 A In living, intact human beings? We're not 3 talking human cell lines in a lab. I would have to 4 say it can be cytotoxic to some of the cellular 5 elements in the bone marrow under circumstances of 6 extremely high exposure. 7 Q What do y o u base that on? 8 A What do I base that on? 9 Q Yes. What's the basis for your statement? 1 0 A The literature that shows that people who 11 have extremely high levels of exposure can develop 12 pancytopenia and anemia in response to benzene 1 3 exposure. 14 Q And what literature would that be, the one 1 5 that we`ve talked about here earlier? 16 A It would include the earlier literature by 17 Aksoy and Vigliani. There`s more. I can't recall 18 names of articles offhand. 19 Q Since you've mentioned Aksoy's studies, do 2 0 you recall Aksoy's study of leukemia in a family of 21 shoemakers? 22 A Not offhand. ACE-FEDERALmm,Inrc. NatiomwidecaVatge 202-347-3700 800.3366616 41044-2550 60797.0 JB/hlb 55 1 Q Let me try to help ou recoll ct a stud r 2 that talked about a mother and either a son or a 3 daughter - - I think it was a son - - who developed 4 leukemia very quickly working with their husband and 5 father in the same setting and the father did not 6 develop the leukemia for 12 or 15 years later. Do 7 you recall that article? a A No. 9 Q If that were the case, if I have accurately 1 0 related to you the study that the mother and the son, 11 I think it was, developed the leukemia much quicker 12 than the father working under the same conditions, 1 3 would that support the theory of individual 14 susceptibility to the myelotoxic nature of benzene? 15 A I would have to look at that literature 16 before I would try to answer that question. 1 7 Q Do you need to look at that before trial? 18 Will you be looking at that before trial? 19 A I suppose I could. I regard case reports 20 as being of relatively modest value in determining 21 whether benzene causes leukemia and frankly, in 22 answering any questions, any scientific questions in ACE-FEDERALR E ~ ~ RINSC. , Nadonwidc Covera,$e 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 56 1 a reliable manner. 2 Q Part of the overall picture but it's not 3 controlling the case studies, case reports? They're 4 some piece of the puzzle? 5 A Case reports play an important role in the 6 development of scientific information because they 7 often stimulate people to investigate issues with 8 scientific tools. Case reports in and of themselves 9 I regard as largely nonscientific and of questionable 10 reliability. 11 Q Does that mean that all of Aksoy's work 12 should be thrown out the window? 1 3 A No. 14 Q Why not? It's questionable reliability. 15 MR. HOLLINGSWORTH: Are you talking about 16 the case report on the mother and father? 17 MR. HARTLEY: No, all these case reports 1 8 that he has done. And basically, all his studies are 19 case reports, aren't they, and all his articles are 2 0 case reports based upon what he has seen over the 2 1 course of his practice. 22 THE WITNESS: NO. ACE-FEDERALREPIIRTERS,INC. Nat&mwideCovarge 202-347-37W 800-336-QbL6 410484-2550 60797.0 JB/hlb 57 1 BY MR. HARTLEY: 2 Q They're not? 3 A No. 4 Q Which one is not? 5 A 1976 was a PMR study. 6 Q Other than that study, was everything else 7 published because of the question of reliability? 8 A I'd have to look at everything he's 9 published to see which were scientific studies and 1 0 which were case reports. I would be reluctant to 11 throw o u t valid scientific inquiries. 12 Q Does that mean that case studies can't have 1 3 valid scientific - - a valid scientific place in the 14 determination of whether benzene can cause acute 15 monocytic leukemia? 16 MR. HOLLINGSWORTH: Objection; asked and 1 7 answered. ia MR. HARTLEY: He's changed his answer. His 19 first answer was that they have questionable 20 relevance. Now he's saying that they have a valid 21 place in the determination. I just want to know 22 which one it is. ACE-FEDERALF~EPORTEXS, INC. Nationwide Coverage 202-347-3700 800.3366616 410-684-2550 60797.0 JB/hlb 58 1 MR. HOLLINGSWORTH: I object to your 2 characterization of the testimony. My understanding 3 of the testimony is that case reports are 4 nonscientific and are of questionable reliability. 5 BY MR. HARTLEY: 6 Q Is that your answer, Doctor? If that's 7 your answer, 1'11 accept that answer. a A That was half of my answer. 9 Q What`s the other half? 10 A The other half is that they play an 11 important role in generating systematic scientific 12 inquiry. 1 3 Q When was the last time you looked at the 14 Ott/Bond study? 15 A Yesterday. 16 Q Did you l o o k at tLie exposure leve s that 1 7 were reported for the Ott/Bond study? ia A I believe I did. 19 0 What did you find? 20 MR. HOLLINGSWORTH: Can we take a 21 five-minute break? 22 MR. HARTLEY: Can we take long enough for ACE-FEDERALREPORTERS,INC. ~~~Covarage 202-347-3700 I3xi-3364646 410-68eWo 60797.0 JB/hlb 59 me to go down and smoke a cigarette? THE WITNESS: Sure. That would be fine. 3 (Recess.1 4 BY MR. HARTLEY: Did you pull out the Ott portion of the Yes. Have you pulled out Bond's update of the Yes. Would you l o o k at Bond's table 5 . Yes. Is it your opinion that the Ott/Bond study eliable study? I ' m not sure what you mean by l1reliabLe, appears to be a well-conducted study. Did you l o o k at the exposure data on table summary of myelogenous leukemia? Yes. Have you attempted to calculate what the per million months were in parts per million I I I ACE-FEDERARELPORTERS,hc. NatimwidcCoverage 202-347-3700 800-3366646 410-684-2550 60797.0 JB/hlb 60 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q I am. I'm confirming what you are saying. 22 I'm in agreement with you. ACE-FEDERALREPORTERS,INc. Ne*-p 202-347-3700 800.336.6646 41@604-2!350 60797.0 JB/hlb 61 1 MS. MILNANOW: You used a calculator? 2 MR. HARTLEY: I used a calculator. In 3 fact, it's 21.89. 4 BY MR. HARTLEY: 5 Q Case number 2 , age of death was 51. How 6 old was Mr. Lavender when he died? 7 A 4 6 - - is that right? Yes, 46. 8 Q Young man? 9 A Middle-aged, I believe, unfortunately. 10 Q I guess it`s all relative, isn't it? 11 A The standard definition says 40s are 12 middle-aged. 1 3 Q Case number 2 had developed the leukemia 14 with only 1.5 parts per million years; correct? 15 A Yes. 16 Q Can you explain that to me in light of your 1 7 theory that you need 5 0 parts per million years and 1 8 you need a latency period of five years and s o forth? 19 A Yes, I can. 20 Q Would you. 21 A We expect to see leukemia in every 22 population, even without benzene exposure, and s o the ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 8oo-336-6616 410-6&1-2550 60797.0 JB/hlb 62 1 fact that one case occurred with short duration of 2 exposure and relatively low cumulative exposure 3 probably has nothing at all to do with exposure. 4 If we look at table 4 , we see that - - in 5 fact, we expected to see two cases of leukemia based 6 on general population rates without benzene exposure, 7 so two of those cases would have been expected to 8 have occurred on their own even if this cohort of 9 chemical workers had never handled benzene at all. 1 0 Q So this one, in your opinion, is not a 11 benzene-related leukemia? 12 A Well, there's no reason to think that - - I 1 3 should say there is very strong reason to think that 14 we should not conclude all cases of leukemia in a 15 cohort are due to exposure. If that was true, it 16 would support the conclusion that leukemia doesn't 17 occur in the population in the absence of benzene 18 exposure, which is clearly false. 19 Q If we would assume that this is a 20 benzene-induced leukemia, the fact that he was only 2 1 exposed for 1.5 parts per million years would 22 undermine your theory of 50 parts per million year ACE-FEDERRAELPORTERS, INC. Na~wldcCOvaage 202-347-5700 fm-336.6616 410484-2550 60797.0 JB/hlb 63 history; correct, if we assume this to be a benzene-induced leukemia? A If we assume things that are clearly not true, the conclusions we reach are not valid. 5 Q Let's l o o k at case number 3 and case number 6 5. Those are both less than 50 parts per million 7 years that you're suggesting. Do we exclude those 8 cases as well? Are they not, therefore, 9 benzene-induced leukemia either? 1 0 A The answer is that when you review a 11 scientific study, y o u have to l o o k at the pattern of 12 disease to see if there is evidence that associates 13 exposure with disease. 14 You can't - - it has no meaning to go 1 5 through the cases and pick and choose the ones you 16 like and discard the ones you don't like. That's not 17 a scientific method, and it will not answer any 18 questions about causation. So to pass judgment on 19 one case as being included and one case being 2 0 excluded is not a meaningful exercise. 21 What this paper shows is a modest increase 22 in leukemia risk in a cohort where there was ACE-FEDERALREPORTERSI,NC. N8timwidc Coverage 202-347-3700 800.3366646 410-684-2550 60797.0 JB/hlb 64 1 substantial benzene exposure. 2 Q It also shows, does it not, leukemia risk 3 with low level exposure? As reported, 1.5 parts per 4 million years, the man developed leukemia. 25 parts 5 per million years, the man developed leukemia. 28 6 parts per million years, the man developed leukemia. 7 It doesn't necessarily demonstrate a relationship 8 between high level exposure, does it, Doctor, and 9 leukemia? 1 0 A It shows no evidence of risk associated 11 with any of those individuals. 12 Q We'll take your hypothesis that you need 5 0 1 3 parts per million years to develop leukemia; 14 correct? That is your hypothesis. Is it 50 or 6 0 15 now? 16 A I believe what I said was that the 17 scientific literature indicates that there is a 18 causal association between acute myelogenous leukemia 19 and cumulative benzene exposure in the range of 50 20 parts per million years to 2 0 0 parts per million . 21-4- ~ 22 years. 0 There's a l s o other literature out there 60797.0 JB/hlb 65 1 that indicates that it's less than 5 0 parts per 2 million years; correct? 3 A There is not adequate literature to 4 conclude with reasonable - - with a high degree of 5 certainty that that association is not due to change. 6 Q Didn't the NIOSH study find that? 7 A Which N I O S H study are we referring to? 0 Q The Rinsky study, that it was only 40 parts 9 per million, one part per million for 40 years. 10 A I ' d have to look at the Rinsky study. You 11 and I are well aware that many people have reexamined 1 2 that cohort and the exposure estimates upon which 13 Rinsky's conclusions were based, and their findings 14 are considerably different than Dr. Rinsky's, 1 5 indicating that the risk estimates he derived were 16 based on underestimation of the exposures. 17 Q Of course, the people who reevaluated the 18 literature were sponsored by API, were they not? 19 A Some were. 20 Q Do you think that there would be some bias 21 in the work that was done when it was sponsored by 22 API? ACE-FEDERAL REPORTERS,Wc. Nationwide Coverage 202-347-3700 800-336-6646 410-664-2550 60797.0 JB/hlb 66 1 A I would make no such assumption. I 2 Q Would API want the exposure limit to be 3 higher than an independent NIOSH examination, based 4 on your understanding? 5 A My understanding is that API would want to 6 find the truth, not a biased representation of the 7 truth. 8 Q Under your view of the literature, and that 9 is 50 parts per million years, would it be safe to 10 assume, then, that case number 2, case number 3 and 11 case number 5 are not benzene-induced leukemias and 12 that the study is therefore invalid as relating to I I I I 13 any showing of a causal relationship because you 14 would only have two cases left and you're only 15 expecting 2.1? I i i 16 A I think I've already answered that 17 question. It is not a valid method of scientific 18 inquiry to go through the cases and discard the ones 19 you don't like and keep the ones you like. That I 20 doesn't lead to a reliable answer. 21 The answer in this paper is that when all 2 2 of the data are considered, it shows a modest ACE-FEDERALREPORTERS, hC. NatkmwideC o v a g e 202-347-3700 800-336.6616 410-684-2550 60797.0 JB/hlb 67 1 association between leukemia and benzene exposure in 2 a cohort that had substantial exposure. 3 Q You keep saying "substantial exposure." 4 But the truth of the matter is three of the five 5 cases that had substantial exposure, as you define 6 it, is less than what you're suggesting the 7 literature says you need, so what do you base your 8 substantial exposure on? 9 A And two of the five cases would have 10 sccurred by chance alone in the absence of benzene 11 exposure, based on general population mortality 12 rates. 13 The second half of my answer is derived 14 from table 8 , where the mortality is summarized by 15 estimated cumulative dose of benzene exposure, and 16 what it shows is that below 500 parts per million 1 7 months, which works out to about 41 parts per million 18 years, there is a modest association between exposure 19 and leukemia and that that association is not 20 statistically significant. 21 Q You testified in the past that statistical 2 2 significance is not a necessary requirement to ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336#46 410-684-2550 60797.0 JB/hlb 68 1 determine a causal association haven't you? 2 Didn't you look at other issues as well - - 3 you looked at what the article was saying in addition 4 to other causative factors in determining a causal 5 relationship; is that true? 6 A I think there were two questions there. 7 Could you give me one at a time. 8 Q Sure. Have you testified that statistical 9 significance is not all-encompassing and not 10 absolutely positively necessary to draw a causal 11 association, yes or no? And then you can explain 12 it. 1 3 A Statistical significance is a concept we 14 use to evaluate the role of chance - 15 Q Let me interrupt you. Yes or no. Then you 16 can explain it. Have you testified in the past that 17 statistical significance is not absolutely necessary 1 8 to determine a causal relationship, yes or no, and 19 then you can explain it, but I want a yes or no 20 answer. I`m entitled to that. 21 A I do not recall the exact wording of 22 everything to which I've testified in the past. You ACE-FEDERAL REPORTERS, INC. l u k n w d e CoveFajp 202-347-3700 800-3366&46 410-684-2550 60797.0 JB/hlb 69 1 would have to show me my testimony that says exactly 2 that. 3 Q I do happen to have this one marked. Page 4 186 of your deposition. 5 A And what is the question? 6 Q Have you testified that statistical 7 significance is not an absolute requirement to 8 determine a causal association? 9 A I don't believe that characterizes my 10 testimony accurately. 11 Q What does - - how would you characterize 12 your testimony, Doctor? 13 A Why don't I read it into the record. 14 Q Sure. 15 A I said "when epidemiologists talk about 16 studies, they commonly refer to positive studies as 17 ones that show evidence of an association, whether 18 it's significant or not, and again the context of how 19 they're talking about it is probably more important 20 than the term 'positive study.'" 21 Then the next question was #"youmean you 22 have a positive study that's not statistically ACE-FEDERALREF'ORTERS, hC. Nationwide Covaago 202-347-3700 800-336-6646 410.684-2550 60797.0 JB/hlb 70 1 significant ? It 2 My answer was "there are any number of 3 references that I've reviewed and listed for you that 4 show positive associations between various types of 5 leukemia and various exposureii- - it should have said 6 iexposuresif- - "under study which are not 7 statistically significant. So a positive association 8 or positive study in my experience just means that 9 there is some evidence of an association of whether 10 itls statistically significant or n0t.I' 11 That was the end of my testimony. I don't 12 think that that can be characterized in any way as 1 3 what you claimed I said. I'd be happy to try and 14 give you my view of the role of statistical 15 significance in establishing causality. 16 Q Okay. Do that. 17 A "Statistical significanceiiis a term that 18 relates to the assessment of whether we can exclude 19 chance as an explanation for an observed 20 association. When a finding has a very low 2 1 probability of having occurred by chance, in other 22 words, as statistically significant, we conclude that ACE-FEDEIWRELPORTERS,hc. N.tsonwide Covapge 202-347-3700 800.J366646 41-2550 60797.0 JB/hlb 71 1 chance is a very unlikely explanation for the 2 finding. That is one of the things that we consider 3 in assessing whether an association is causal or is 4 noncausal. 5 Q But it is not the only one; correct? 6 A It is not the only one. 7 Q So if a study is not statistically 8 significant but it does show an elevated risk of a 9 particular disease entity, do you rely on that 1 0 particular study in assessing the causal association? 11 A I would certainly consider such a study. 12 The difficulty with such a study is that it is 1 3 difficult to be confident that the findings are not 14 due to chance. 15 Q But if you have other things that you can 1 6 look at which would support the association, then it 1 7 would be acceptable to utilize a nonstatistically 1 8 significant finding, correct, which was elevated? 19 A The determination of causation is based on 2 0 many factors, of which the ability to exclude the 2 1 role of chance is one. Rarely, if ever, in 22 epidemiology do we asseas causation based on a single ACE-FEDERAL REPORTERS, h C . Nationwide Coverage 202-347-3700 800.336-6646 410-684-2550 60797.0 JB/hlb 72 1 study, whether it`s significant or not. 2 Studies that do not show - - I should say 3 studies that cannot adequately exclude the role of 4 chance in their findings contribute very little to 5 the determination of causality. They're far less 6 important because we`re not sure that we`re seeing a 7 real association versus a chance association. 8 Q You said you could not take the five cases 9 in the Ott/Bond study, dissect them and exclude them 1 0 based on your review of the literature that in your 11 opinion requires 50 parts per million years; 1 2 correct? That wouldn't be fair? 1 3 A I don`t think that's what I said. 1 4 Q What did you say specifically, then? 15 A I believe I said you can't pick and choose 16 and just keep the cases that meet some criterion and 1; exclude the others. That is not a scientific 1 E exercise. The scientific approach to determining 15 whether benzene exposure was associated with leukemia 2( is based on considering all the data and analyzing it 2: in an appropriate fashion. 2 : Bond and his colleagues present some of ACE-FEDERALREPORTER% hC. Narionwidc Govargc 202-347-3700 800-3366646 410689.2550 60797.0 JB/hlb 73 1 those analyses in table 8 , in which hey show a weak 2 and nonsignificant association between benzene 3 exposure below 500 parts per million months, in other 4 words, 4 1 parts per million years, and leukemia 5 risk. That is not clear evidence of risk below 40 6 parts per million years. It's inconclusive evidence. 7 Q I understand that. If you look at the 8 entire study of what they conclude and what they said 9 here, all five of them, based on table 4 or table 10 8 - - the cumulative exposure table? 11 A I was referring to table 8. 12 Q Table 8. He had two cases below 499 parts 13 per million on table 8. 14 A Yes, 499 parts per million months. 15 Q Right, which is how many parts per million 16 years? 1 7 A About 41. 18 Q Had two cases there. We had zero cases 19 between 500 and 999; correct? 20 A Yes. 21 Q And we had one case over a thousand? 22 A That is correct. ACE-FEDERAL REPORTERS, INC. NationwideCoverage 202-347-3700 800-334-6644 410-684-2550 60797.0 JB/hlb 74 1 Q And it`s your testimony that based on table 2 8 , you need in excess of 500 parts per million months 3 of benzene to develop a leukemia? 4 A It is my testimony that this paper does n o t 5 support the view that there is increased risk below 6 50 parts per million years. 7 Q And the basis for that is? 8 A That in table 8, there is no - - there is 9 only a weak and nonsignificant association between 1 0 exposure below 500 parts per million months and 11 leukemia. 12 Q Where is the association above 500 parts 1 3 per million months? There isn't any, is there? 14 A This paper only has three leukemia deaths. 1 5 It`s a small study. It doesn't provide conclusive 16 evidence that benzene is associated with leukemia. 17 It's a small study. 18 Q How do we take the 50 parts per million 19 years that you're suggesting and apply it to 20 Mr. Lavender? It's an individual case, which - - you 21 can't pick and choose which cases you want to apply 2 2 it to and which ones y o u want to throw it out in. ACE-FEDERAL REPORTERS, h C . NaticmwideCovcrPge 202-347-JIOO 800-33W6c6 41040&uSO 60797.0 JB/hlb 75 1 So how do we apply your 50 parts per 2 million years to Mr. Lavender's case? You couldn't 3 apply it to any one of these cases here and throw 4 these cases out, so how do we apply it to 5 Mr. Lavender, solely on the exposure issue? 6 A The first step is to determine how much 7 exposure Mr. Lavender had in terms of his cumulative 8 1 exposure. Then the second step is to examine the 9 epidemiologic literature to determine whether there 1 0 is sufficient evidence to say that exposures of that 11 magnitude cause leukemia. 12 The answer to that second issue is there is 1 3 not adequate literature to conclude that those 14 exposures cause leukemia, and so there is simply no 15 basis for saying that leukemia - - that benzene 16 exposure caused Mr. Lavender's leukemia. ~ i 17 Q Now then, why would it be improper to go 18 back to the Ott/Bond study and do the same analysis? 19 In your opinion, you need 50 parts per million years 20 to 200 parts per million years. Why would it then be 2 1 improper to go back here and say case number 2, case 22 number 3 and case number 5 don`t meet that criteria, ACE-FEDERAL REPORTERS, h C . Nationwide b e r a g e 202-347-3700 800-3366646 410-684-2550 60797.0 JB/hlb 76 3 so they shouldn't be included in this study? c L MR. HOLLINGSWORTH: Objection; asked and -1 answered. 4 THE WITNESS: The answer is that in the Ott -E and Bond study we are doing a scientific inquiry to examine a pattern of exposure and leukemia to see if 7 there is an association. That is a different goal E than looking at Mr. Lavender and trying to determine 9 whether benzene caused his leukemia. 1c I ' m not basing my opinion that it takes 50 11 parts per million years of benzene exposure or more 1 2 to cause leukemia on Bond and Ott alone. That 1 3 opinion is based on a synthesis of a large amount of 14 epidemiologic literature that strongly supports that 1 5 conclusion. 1 6 Once I've made that conclusion, I can 1 7 justify setting exposure criteria by which it is 1 8 defensible - - or I should say by which it is reliable 19 to assess whether Mr. Lavender was at increased risk 20 from his exposure. That's a very different goal than 2 1 trying to do science. 22 Let me add to my answer. If we were to do ACE-FEDERAL REPORTERS,h c . Nrtionwide Coverage 202-347-3700 410-684-2550 60797.0 JB/hlb 77 1 an epidemiologic study of Mr. Lavend r's p ers t the 2 Mobay facility to see if there was evidence of 3 leukemia risk associated with benzene exposure in 4 that facility, we would most certainly include 5 Mr. Lavender and all other members of that work group 6 or that cohort in the study. It would be inexcusable 7 to pick through the people and say this guy`s in, 8 this guy's out. That's not science. 9 So we would most certainly include him in a 10 study to see if there was an association. If we saw 11 no evidence of an association, then we would conclude 12 that Mr. Lavender was not at increased risk because 1 3 of benzene exposure in his plant. 14 BY MR. HARTLEY: 1 5 Q When you do an epidemiological study of the 16 Mobay facility, as you suggested could be done, do 17 you include contract workers as well as Mobay 1 8 employees in that study? 19 A You certainly could. There'd be no reason 20 to exclude them. They could be included. They 21 could - - the study could be done with or without 2 2 them, depending on feasibility issues. ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-684.2550 60797.0 JB/hlb 78 1 Q Would the fact that they were not included 2 in a study give you any enlightenment as to disease 3 processes in the nonincluded group? Do you 4 understand my question? 5 A I believe so. If the contract workers were 6 similar to the workers who were included in terms of 7 their other risk factors for leukemia and were 8 similar in terms of their distribution of exposure, 9 the findings from the workers who were included would 10 be applicable to the contract workers. 11 Q But if the contract workers were not 12 provided with respirators, were not provided with 1 3 safety equipment when they were working around 14 benzene and the hourly Mobay people or salary people 1 5 additionally were, then there would be a difference 16 in exposure, would there not? That way you could n o t 17 utilize the epidemiological study of the Mobay people 1 8 to support a lack of causation for the contract 19 employees? 2 0 A Could I ask you to split that into two 2 1 questions, and I'll try to answer them separately. 22 Q Sure. First question is, if the contract ACE-FEDERALREPORTERS,INC. NationwideCoverage 202-347-3700 800-336446 410-6842550 60797.0 JB/hlb 79 1 employees are not given safety equipment to protect 2 against exposures to benzene, their rate of exposure, 3 potential exposure would be higher than the hourly 4 people who are given the adequate protection and use 5 it; correct? 6 A Not necessarily, or I should say not 7 necessarily appreciably higher. It's my impression 8 from the industrial hygiene data that the exposures 9 in the Mobay plant were well under 1 part per million 10 virtually all the time. 11 Q What do you rely on for that? 12 A I'm s o r r y ? 1 3 Q What do you rely on for that? 14 A The industrial hygiene data, and that 15 that's an exposure level which would not cause people 16 to wear their respiratory protective equipment. 17 Q How about when there were spills - - 1 8 A I was still answering. 19 Q I didn't know that you were. I apologize. 20 A Insofar as the Mobay employees are not 21 wearing respiratory protective equipment routinely 22 nor are the contractors, their exposure levels in the ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410684-2550 60797.0 JB/hlb 80 1 same locations are exp cted to be identical or 2 comparable. 3 When there are excursions of exposure to 4 very high levels of benzene, it is possible that the 5 full-time people would put their respiratory 6 protective gear on, although from my reading of the 7 depositions, it was not clear to me that that 8 occurred on any regular or even infrequent basis. 9 And so I'd have to say, based on my 1 0 understanding of the routine exposures and the spills 11 and unusual occurrences, that the full-time people 1 2 did not wear respiratory protective equipment but 1 3 rarely, and therefore, their cumulative exposure is 1 4 probably very similar, if not identical to that of 1 5 the contract workers. 1C Q What is your opinion of the parts per 17 million of benzene in the air when you can smell it? 1 E A Are you asking me what the odor threshold 15 is? 2c Q Correct. 2 1 A I believe it's in the few parts per million 22 range. ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800.3366616 410.684-2550 60797.0 JB/hlb 81 1 0 Do you disagree with the American 2 Industrial Hygiene Association's geometric mean of 61 3 parts per million? 4 A Are you referring to the odor threshold 5 document they published in 1987? 6 Q That's correct. 7 A I think that estimate is high. 8 Q And what do you support that on? 9 A An estimate made by ASTDR and my own 10 personal experience. 11 Q Have you seen Paustenbach`s explanation of 12 what the odor threshold is in 1992 or '3 in his 1 3 rereview of the pliofilm? 14 A I do not recall his discussion of that. 1 5 Q The study was responsive by API in that 1 6 particular study. D o you have it with you? 17 A Is that the one from Environmental Health 1 E Perspectives in ` 9 3 ? 19 Q The long paper. 2c A Looks to be. 21 Q It's toward the end. Did you find it yet, 22 Doctor? ACE-FEDERALREPORTERS, INC. NationwideCoverage 202-347-3700 800-336-6616 410-484-2550 60797.0 JB/hlb 82 1 MR. H INGSWORTH: What page is it on 2 MR. HARTLEY: It's toward the end. I know 3 it's at the top. I didn't bring my own copy of the 4 article, but it`s at the top, I know, of one of the 5 pages and I believe that he says that the odor 6 threshold is 35 parts per million. 7 BY MR. HARTLEY: 8 Q You don't find it in there. Let's assume 9 that he says it`s 35 parts per million. Do y o u 10 believe that would be too high as well? 11 A Yes. 12 Q Why would someone from API want the odor 1 3 threshold to be higher than what it should be, then? 14 A I really don't know the motives of the 1 5 people who wrote that. 1 6 Q It's in the section right after 1 7 respirators, I think. That's okay. We'll move on. ia I don't think this is the right study. 1 9 A Oh. 2c Q 2 1 one? It's a longer study. What year is this _- 22 A `93. ACE-FEDERALREPORTERS,INC. N8tionwideCoverage m-347-3700 800.3366616 410.684.2550 60797.0 JB/hlb 83 1 Q That`s not the right study. That's why you 2 couldn't find it. 3 Why did you utilize the Devine study on 4 refinery f o r gasoline workers? 5 A I'm sorry, why did I what? 6 Q Why did you utilize Devine when it's not a 7 pure benzene situation, or is it? 8 A It's a compound question. It is not a pure 9 benzene study. It is a study of refinery 10 petrochemical and research workers and a separate 11 study of producing pipeline workers. 12 The reason I included some of the studies 1 3 of petroleum workers is that they have low level 14 exposure to benzene in the course of handling 1 5 petroleum products and so it is relevant to the issue 1 6 of whether those low level exposures are associated 1 7 with leukemia. 18 Q What do you - - how would you calculate a 19 designation of benzene exposure, that is in 20 milligrams per cubic meter, 18 milligrams per cubic 21 millimeter? 22 A How would I do what with it? ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336.6bM 410-6&L-2550 I60797.0 JB/hlb 84 1 Q Change it to parts per million. 1 8 . 1 would 2 be what? 3 A Roughly 6. 4 Q 6 parts per million? 5 A Yes. 6 Q Have you seen the Yin studies? 7 A I have seen studies by Yin, yes. a Q Did you utilize it for this particular 9 case? And I ' m talking about Yin 1987. 10 A Do I have Yin '87? Yes, I do. Industrial 11 page 124? l2 I Q No, 192. 13 A Yes. 14 Q Did you notice the geometric mean I concentration of benzene in 5 0 , 2 5 5 workplaces was 6 l5 1 8 A What number did you give? I19 Q The geometric mean concentration of benzene ' 2 0 in 50,255 workplaces was 18.1 milligrams per cubic 21 meter which, in your translation, was approximately 6 22 percent - - 6 parts per million? ACE-FEDERALREPOR'ERS, b C . NationwideCovetrage 202-347-3700 mw364Iw 41o-68cwo ! 60797.0 JB/hlb 85 1 A That is what he said, yes. However, if you 2 l o o k at the distribution of exposures, they go - - he 3 only shows them from 10 to 2 0 0 0 milligrams per cubic 4 meter, so he shows them from roughly 3 to 600 parts 5 per million, and there were appreciable numbers of 6 them, well above 100 milligrams per cubic meter or 3 3 7 parts per million. 8 Q What would 4 0 milligrams per cubic meter 9 be? 10 A Approximately 13. 11 Q 64 percent of the workplaces were less than 12 13 parts per million, according to the abstract. 1 3 A Yes. 14 Q So appreciable number - - there might be an 15 appreciable number above it, but the geometric mean, 16 what is it, Doctor, what is the definition of 17 geometric mean? 1 8 A For end measurements, it's the product of 19 all measurements to the one over nth power. 2 0 Q Which means what, in layman's terms? I 2 1 A You take all the measurements, you multiply Ij 2 2 them together, and you take the nth root of that ~ i ACE-FEDERAL REPORTERS, h C . Nationwide Coverage 202-347-3700 800-336-6646 430-684-2550 60797.0 JB/hlb 86 1 product and that's the geometric mean. Geometric 2 means are very far below arithmetic means for data 3 that have a long tail to the right. So what you're 4 actually looking at is a number they've chosen to 5 represent the mean in a manner that grossly 6 underrepresents the arithmetic mean. 7 Arithmetic mean is the one we're familiar 8 with where we sum the measurements and divide by the 9 number of measurements. So you could - - they could 10 have chosen a different measure of general tendency 11 like the arithmetic mean, and that mean would have 12 been much, much higher than the one they presented. 1 3 Q Why would you use a geometric mean? 14 A Because it is less susceptible to the 15 effect of a value or a few values that are very much 16 higher than the main body of information. So itls 17 not swayed by an extreme value the way an arithmetic 18 mean is. 19 So for example, if you and I had exposure 20 data where w e had 100 values that were between 1 and 21 5 and two values of 2000, an arithmetic mean would be 22 moved up by those values. A geometric mean is not ACE-FEDERALREPORTERS, hC. NationwideCoverage 202-347-3700 8oo-3366bui 410.68c2550 60797.0 JB/hlb a7 1 skewed by those as much. It's an appropriate thing 2 to do when there are a few outlying values. It 3 becomes less appropriate as the outlying values make 4 up a larger and larger percent of the data set. 5 Q What percent would that be, in y o u r 6 opinion? 7 A Well, looking at his probability 8 distribution function of benzene concentrations, I 9 would say there are a lot of values up above 100 10 ailligrams per cubic meter. 1 would liked to have 11 seen the arithmetic mean as well as the geometric 12 mean. 1 3 0 Does it say how many cases he found up 14 above the 100 milligrams per cubic meter? 15 A I ' m sorry. What was the question again? 16 What percent of cases had exposure above 100 1 7 milligrams per cubic meter? 18 Q Yes. 19 A You'll have to direct me to that. I don't 20 see that. _-- 2 1 Q What is the significance of the fact that 22 the geometric mean concentration of benzene was 18.1 ACE-FEDERALREPORTERS, h C . Nationwide Cowrage 202-347-3700 800.- 410-684-2550 60797.0 JB/hlb 88 1 milligrams per cubic meter and the 95 percent range 2 was - 0 6 to 844.74 milligrams per cubic milligram on 3 page 193? 4 A What's the relevance of that? 5 Q Yes. 6 A It says that the vast majority of the 7 measurements fell within that range bounded by .06 8 and 8 4 4 . 7 4 milligrams per cubic meter. 9 Q Does that mean that 9 5 percent of the cases 1 0 fell between those two numbers? 11 A No, 95 percent of the benzene exposure 12 measurements fell in that range. 1 3 Q That`s what I meant. 14 Why didn't you utilize the Yin study in 15 your analysis of Mr. Lavender? 16 A There are a lot of issues that remained 1 7 inadequately described in this paper, and I cannot 18 tell if the results are reliable as a result. 19 Q It was a peer reviewed paper, wasn't it? 20 A It's in a very fine journal that is a peer .21 review journal 22 Q Yin had follow-up, didn't he? Did you see ACE-FEDERAL REPORTERS, bJC. N.tionwidcGovaclge 202-347-3700 800-3366646 410.6&c2550 60797.0 JB/hlb 89 1 the follow-up studies that were done on his cohort? 2 A To what are you referring? 3 Q For one, there was a 1994 update on 4 leukemia and lymphoma. Do you have that one? 5 A Are you talking by Lee? 6 Q No, by Travis. Do you have that? 7 A I do not believe I have that one. 8 Q When you were doing your search, since you 9 knew that the Yin study in your own opinion was 1 0 somewhat questionable, did you do your Medline search 1 1 to see if there was any further update on the Yin 12 study? 13 A I did my Medline search to look for new 1 4 literature on benzene and leukemia. If the Travis 15 study had been assigned the appropriate key words, I 16 probably would have found it. 1 7 Q ""Benzene, "leukemia," "dysplasia, would 1 8 those be key words you'd be searching for on Medline? 19 A I didn't use the word tldysplasia.ttI did 20 use "benzene" and 2 1 Q Would "benzene" and "leukemiat1have been 22 picked up in this particular article and would you ACE-FEDERAL REPORTEX, 'INC. NationwideCoverage 202-347-3700 8o[F- 410-664-2550 60797.0 JB/hlb 90 1 have found it on your Medline? 2 A I couldn't tell you without getting the 3 article and seeing what the key words were under 4 which it was indexed. 5 Q It was under - - "benzene,)I Illeukemia and 6 l1dysplasiaI1were the key words. I've got it in 7 front of me. 8 A Those are the Medline key words? Those 9 aren't the Medline key words. That's not necessarily 1 0 what the National Library of Medicine entered for 11 it. Those are - - I used a number of key words. I 12 remember specifically using nleukemialnand 13 "benzene." And I do not remember seeing a citation 14 by Travis. 1 5 Q You didn't find that article either; 16 correct? That didn't come up in your search? 17 A That's correct. 1 8 Q Do you believe that Mr. Lavender's smoking 19 history caused o r contributed to his development of 20 acute monocytic leukemia? 21 A Yes, I do. 22 Q And what is it in tobacco smoke that causes ACE-FEDERALREPORTERS,hc. Nationwidecoverage 202-347-3700 800-336.6646 4lodeczssO 60797.0 JB/hlb 91 1 leukemia? 2 A I ' m not sure we know that with certainty. 3 The epidemiology points consistently toward an 4 association between smoking and leukemia. We do know 5 that benzene is present in cigarette smoke. I do not 6 believe we know that that is the reason why smokers 7 have elevated risk of leukemia, however. 8 Q Has anyone published an article saying what 9 the cause may be in cigarette smoke for leukemia that 10 you're aware of? 11 A I'm not aware that anyone has meaningful 12 data on that. I wouldn't be surprised if l o t s of 13 people have speculated as to the cause, but 1 don't 14 know that anyone has meaningful data. 1 5 Q Do you know what the speculations are? 16 A We could look at some of the articles and 1 7 see, if you want to do that. 1 8 Q Sure. Let's do that. Which articles do 19 you want to look at on smoking? You're writing down 20 something else. What are you looking for now? 21 A Travis. 22 Q Will y o u find the Travis article before ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336.6616 410-684-2550 60797.0 JB/hlb I' 92 1 trial? 2 A I'd like to see that. 3 Q Did you come across the Robert Snyder 4 article in your Medline search? 5 A To which one are you referring? 6 Q 1994. 7 A I have Critical Reviews in Toxicology. 8 Q Yes. 9 A Yes. Well, now, one article by Michael 10 Segal postulates "at least three chemical leukemogens 11 (benzene, urethane and nitrosamines) are present in 12 tobacco smoke." In addition, the concentration of 1 3 lead 210, a radioactive leukemogen, has been 14 demonstrated to be significantly increased in the 15 bones and soft tissues of smokers, s o there are a 16 number of plausible hypothesis for that association. 17 Q Benzene is plausible? 1 8 A I believe that each of those has to be I i I1 i i 1 1 I ~ 19 examined to determine how well the hypothesis fits 20 the existing data. 21 Q Do you have statistics, Doctor, on the 2 2 amount of benzene in the cigarette smoke? ACE-FEDERALm R T E R S , INC. NationwideCoverage 202-347-3700 m3964fiM 410-684-2550 60797.0 JB/hlb 93 1 A I know that that has been published. I've 2 seen it. I do not recall the numbers. 3 Q For the benzene and the cigarette smoke to 4 have caused Mr. Lavender's leukemia, would he need to 5 be exposed to the 5 0 parts per million years? 6 A It is m y view that the best evidence that 7 benzene causes leukemia in humans is derived from the 8 studies we've been discussing and they strongly 9 support the interpretation that exposure levels below 1 0 50 parts per million years are not risk factors for 11 leukemia, s o the answer would be yes. 12 Q Do you know what the number for 2 5 1 3 pack-year history for Mr. Lavender - - do you know 14 what his parts per million level of benzene would be 15 for smoking that l o n g a period of time? 16 A I do not. 17 Q You didn't calculate that? 18 A I did not calculate that. 19 Q Will that be something you will do prior to 20 trial? 21 A I'll put it on the list. 22 Q What is the relative risk of leukemia in ACE-FEDERALREPORTERS, h C . Nationwide Coverage 202-347-3700 800-336-6646 410-484-2550 60797.0 JB/hlb 94 1 cigarette smoke? Are you basing this on the Segal 2 article? 3 A There are a number of articles I ' d like to 4 l o o k at, but Segal is one of them. 5 0 What's the cite of Segal? 6 A American Journal of Epidemiology, volume 7 138, page 1, 1993, pages 1 to 9. The pooled odds 8 ratio for myeloid leukemia in Segal based on a 9 summary of nine studies is 1.23 with confidence 10 limits that go from 1 - 0 8 to 1.39. 11 Q 1.08 to - - 12 A 1.39. Those are case control studies. 13 Q Well, we know that those are not really 1 4 relevant when we're talking about epidemiological 1 5 studies, are they, because we threw them out when we 16 were talking about Aksoy. So the case control 17 studies that Michael Segal bases his analyses on 1 8 would not really have any relevance, would they, in 19 good epidemiology? 20 A I suspect that you're mistaking case 21 control studies for case reports. Case control 22 studies are scientific studies, and they are ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800.3366616 4lobB+.wO 60797.0 JB/hlb 1 different than case reports, so we would not throw 2 them out. 3 There are also six cohort studies, four of 1~ I I I 4 which examine myeloid leukemia risk and find a pooled 5 relative risk of 1.51 with 9 5 percent confidence I 6 interval that goes from 1.31 to 1.74. So both case 7 control studies and cohort studies demonstrate a a significantly elevated risk of leukemia associated 9 with smoking. 10 Q Significant? 11 A Yes, statistically significant. i12 Q But it is really only a modest relative I 1 3 risk. You've only increased it how many, .23 above 1 14 and .5? 15 A I would call it a modest risk. 16 Q The reports are not discussing acute 17 monocytic leukemia, but are rather zeroing in on I i 18 acute myeloid leukemia; correct? 19 A They are zeroing in on myeloid leukemia, 20 and that is correct. 21 Q And that is not the same as acute 22 ACE-FEDERALREPORTERS,INC. Nationwide Coverage u)2-347-3700 800-336-6446 410-684-2550 60797.0 JB/hlb If 96 1 A It includes acute monocytic. Now, that - - 2 I'm not sure the intent of your question. If it's to 3 say that this literature is not relevant to the 4 determination of smoking risk to acute monocytic 5 leukemia, then the same argument is made of the 6 benzene literature, that very little of it examines 7 acute monocytic leukemia specifically, and there's 8 almost no data whatsoever showing that's associated 9 with benzene. 10 Q Except Kenny Crump's article that y o u 11 didn't find; right? 12 A I have.not had time to review that article 13 in detail. 14 Q So does that mean that specifically the 1 5 Segal article that we've Just been discussing does 16 not particularly reference acute monocytic leukemia; 1 7 correct? 18 A It references myeloid leukemia without 19 specifying subtypes. 20 Q Did they try to break it down into 2 1 subtypes? 22 A To the extent of my recollection, they did ACE-FEDERAL REPORTERS, INC. NL.tionwidecovsrage 202-347-37m (100-3366616 41-2590 60797.0 JB/hlb 97 1 not break it down any finer than myeloid leukemia. 2 Q Did they give you an indication as to 3 whether they tried and they could not do that within 4 the article itself? 5 A I do not recall whether they said that. I 6 think I know the original literature well enough to 7 know that it can't be done. 8 Q Why can't it be done? 9 A Because the original literature, to the 10 extent I know, doesn't break down the risks by 11 subtype of myeloid leukemia in any consistent 12 manner. So you're forced to summarize the study by 1 3 using a broader topic since you don't have adequate 14 detail to use more precise diagnostic topics. 1 5 Q Let's go back to the Bond/Ott study just 16 for one more second - - never mind. Forget about it. 1 7 Doctor, do you believe there's any safe 18 level of benzene exposure? 19 A With respect to what outcome? 20 Q Any outcome. 2 1 A Well, it has an explosion limit below which 2 2 there's safety from explosions. There are all sorts ACE-FEDERALREPORTERS,hc. Nationwide Coverage 202-347-3700 800-336.6646 4104842550 60797.0 JB/hlb 1 of different limits that we could talk about. 2 Q Let's talk about human disease or human 3 cytogenetic studies or human changes within the body 4 as a result of benzene exposure, changes in the human 5 body. Is there any safe level of benzene to the 6 human as far as medical disease processes are 7 concerned? 8 A If you want to focus on leukemia risk, I 9 would say that exposure levels below 5 0 parts per 1 0 nillion years are not known to have any risk of 11 leukemia associated with them. 12 Q Are you familiar with McDonald studies, 1 3 Gene McDonald? 14 A I can't say that I am. What are those 15 about? 16 Q 20 parts per million for three months 17 causes leukemia. You're not familiar with his 18 studies? 19 A I am not familiar with this study or the 2 0 author to which you're referring. Can you give me a 21 citation on that? 2 2 Q Dr. McDonald is with NIEHS. Are you not ACE-FEDERRAELPORTERS,INC. Nationwide Coverage 202-347-3700 %00.3;366646 410-684-2550 60797.0 JB/hlb IR 99 1 familiar with those studies? 2 A Is that published work? 3 Q Yes. 4 A Could I have a citation on some of it? I ' d 5 be happy to review it. 6 Q No, I don't have a citation for it. Have 7 you studied Maltoni's literature? 8 A I have seen some of the things he's 9 writ ten. 1 0 Q D o e s Maltoni suggest a level of exposure 11 below 50 parts per million years to develop leukemia? 12 A I don't know whether he suggests that or 13 not. 14 Q Have you read his literature? 1 5 A I have read his literature in the past. I 16 didn`t bring it with me, didn't read it in 17 preparation for this deposition, but I know I've read 18 a number of things he's written. 19 Q Are lymphocytes affected by benzene 20 exposure? 21 A I'm sorry? 22 Q A r e lymphocytes affected by benzene ACE-FEDERRAELPORTERS, INC. Natitmwidc Coverage 202-347-3700 800-3361.6616 410-684-Z50 60797.0 JB/hlb 100 1 exposure? 2 A I ' m not sure what you're asking. Benzene 3 exposure is adequate to cause pancytopenia and 4 certainly affects the lymphocytic series of cells. 5 Other than that - - 6 Q What is the medical term for a decrease in 7 the number of lymphocytes? 0 A Lymphocytopenia. 9 Q Is lymphocytopenia associated with benzene 10 exposure absent pancytopenia? 11 A I would have to look at that issue. I ' m 12 not aware that it is. 1 3 0 Is that another issue you're going to l o o k 14 at before trial? 15 A Yes. 16 Q Do you believe, Doctor, that one exposure 17 to benzene can cause leukemia to evolving? 1 8 A I'm not aware that there is any support for 19 that hypothesis in the scientific literature and so 2 0 I ' d say there's no basis for making that conclusion. 21 Q Is that a proposition that is floating out 22 in the scientific community? ACEFEDERARLEPORTERS,INC. Natimwide Coverage 202-347-3700 800.33686c6 410.68c2550 60797.0 JB/hlb 101 1 A I don't know whether it's floating out 2 there or not. It's not floating in my office. 3 Q Can one molecule cause mutation of a 4 particular stem cell? 5 MR. HOLLINGSWORTH: One molecule of 6 benzene? 7 MR. HARTLEY: Benzene, yes. 8 THE WITNESS: The answer is in theory, one 9 molecule can cause mutation. In practice, that's a 10 speculation that doesn't have any meaning. We have 11 no ability to observe the effects of one molecule of 12 exposure or to examine the risk associated with one 1 3 molecule of exposure, and I ' d say that even in a 14 laboratory setting, we can't do that, much less out 1 5 in the world of free ranging human beings. 16 BY MR. HARTLEY: 17 Q Is there a biological marker for benzene 1 8 that you're aware of? 19 A I'm not aware of a biological marker for 20 benzene. 21 Q Have you done any research into that? Have 22 you looked at that issue? ACE-FEDERAL REPORTERS, h C . Nationwide Coverage 202-347-3700 8oO-w 410-684-2550 60797.0 JB/hlb 11 ~ I 102 1 A I know the epidemiology of benzene in 2 leukemia, and I'm not aware of any studies based on 3 markers of exposure to benzene. I guess I should ask 4 you what you mean by nbiologic marker" to be sure I 5 understand your question. 6 Q What do you understand the term to mean? 7 A It has many definitions, depending on who's 8 using it and how they're using i t , so there is no 9 single definition for "biologic marker." 10 Q Have you done any - - outside of the 11 epidemiological literature, have you done any Medline 12 search to determine whether there's a biological 13 marker for benzene, as that term is generally used? 14 A Well, my search focused on llbenzene"and 15 "leukemia." That would have brought up articles 16 that looked at biological markers if they were 17 related to the issue of benzene and leukemia and none 1 8 came up. So I guess the answer is yes, I've done a 19 search that should have found those articles if they 2 0 were there. 21 Q Did you specifically ask for "biomarkerst1 22 or any particular term, or what terms were you using I ! ACE-FEDERALREPORTERS, hC. Nationwide Coverage 202-347-3700 800.336-6616 410-684-25!30 60797.0 JB/hlb I 103 1 in yo1 r search? 2 A To the extent I recall, it included 3 nleukemialland "ben2ene.I' I don't recall the other 4 terms I used. I know there were four or five other 5 terms. 6 Q Are you familiar with Dr. Goldstein's 7 studies on biological markers for benzene? 8 A Dr. Bernard Goldstein? 9 Q Yes. 1 0 A I have read some of his literature, yes. 11 Q Did you review any of that literature f o r 12 today? 1 3 A No, I don't think I did. 14 Q Do you have a list of what you reviewed for 1 5 today? 16 A No, I don't. 1 7 Q What do you keep referencing there in front ia of you? 19 A I have a partial listing of the literature, 2 0 but it's not complete because I've added articles to 21 it and have not updated this listing. 2 2 Q Are all the materials that you reviewed in ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-3366616 410484-2550 60797.0 JB/hlb 104 1 front of you today? 2 A Yes. 3 Q What's your hourly rate, Doctor? 4 A $350. 5 Q How many hours do you have in this case? 6 A I do not know. 7 Q Have you billed yet? a A I don't think so. 9 Q When did you first get this case? 1 0 A I ' m not sure. However, I have a letter of 11 transmittal of documents. The earliest one is dated 12 October 17, 1994. My recollection is I got it before 1 3 that, but I don't know when. 14 Q Did you start working on it when y o u 1 5 received it? 16 A I don't remember when I started working on 17 it. I certainly didn`t start the day I got the first 1 8 documents, but I have worked on it over the past few 19 months. 20 Q How many hours do you think you have in 21 this case? Do you have any idea, estimate? 22 A Probably between - - excluding today? ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-347-3700 800-33i%fM6 41oa&cwo 60797.0 JB/hlb 105 1 Q Yes, sure. 2 A 25 maybe. 3 Q 25 hours? Does that include all the 4 literature research, review of all the depositions 5 that you gave me on the list, the interrogatory 6 answers, the depositions of Dr. Shadduck, 7 Dr. Mehlman, Dr. Parmer, Dr. Przybysz, 8 P -r -z -y -b -y -s -z , Dr. Pachter, P -a -c -h -t -e -r , 9 Dr. Rose, Jack Crum's deposition, Paul Tepe, Robert 10 Eyler, Ernest Earley, which I think should be Kyle 11 Earley, Raymond LeMasters, James Johnson - - a T? - - 12 Johnston, Jesse Caravaggio, William Thompson, James 1 3 Myers and John Lavender`s deposition? 14 A Yes. 15 Q You reviewed a l l that material in 25 hours 16 in addition to doing the Medline search? 1 7 A Yes. 1 8 Q Have you taken thee Evelyn Wood's speed 19 reading course? Because I know I've read that 2 0 material and I couldn't have read it in 25 hours. .- 21 A I have not taken the Evelyn Wood`s speed 22 reading course. ACE-FEDERALREPORTERS, h C . Nationwide Coverage 202-347-3700 800.3366616 41C454-2550 60797.0 JB/hlb 106 1 Q When do you expect to bill in this case? 2 A I haven't set a date. Probably soon. 3 Q Did you meet with either Mr. Hollingsworth 4 or Ms. Milnamow yesterday? 5 A Yes. 6 Q How long did you meet with them then? 7 A We met for most of the day. 8 Q Eight h o u r s ? 9 A Something like that. 10 0 In the 25 hour estimate, is the eight hours 11 included in that 25 hours? 1 2 A No. 1 3 Q So we're over 3 3 hours. Have you met with 14 them prior to yesterday? 15 A No, I don't believe so. 16 Q Telephone conferences? 17 A Yes. 18 Q Any long telephone conferences, an hour, 19 two-hour conference? 2 0 A I don't think so. I don't recall, to be 2 1 honest with you. 2 2 Q How do you keep track of your time? ACE-FEDERALREPORTERS, INC. N.tianwide Coverage 202-347-3700 m4364%6 410.6&c2550 60797.0 JB/hlb 107 1 A I write it down. 2 Q Do you have a little ledger that you keep 3 on each case? 4 A I have pieces of paper. 5 MR. HARTLEY: We might as well take a lunch 6 break because I don't think I can get done in another 7 hour. Take about a half hour. 8 T H E WITNESS: I ' m happy to work through. 9 MR. HARTLEY: If you want to work through, 10 I'll work through. 11 THE WITNESS: It's only noon. If you can 12 do it in another hour, hour and a half, that's fine 1 3 with me. Let's keep going. 14 (Recess.) 15 BY M R . HARTLEY: 16 Q Let's talk about that study for a second, 1 7 the Yin study you and I were discussing off the 1 8 record in Environmental Health Perspectives. You 19 didn't refer this article in determining your 5 0 20 parts per million years according to what we talked 21 about earlier; correct? 22 A That is correct. ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-347-3700 800-3364646 410-684-wO 60797.0 JB/hlb 108 1 Q Do you have that study? 2 A I do. We're talking about Environmental 3 Health Perspectives, volume 82, page 207? 4 Q To 213. 5 A Yes, I do. 6 Q "Leukemia occurred among some workers with 7 as little as 6 to 10 parts per million average 8 exposure and 50 parts per million years, cumulative 9 lifetime exposure? 1 0 A What they say is "leukemia occurred among 11 some workers with as little a s 6 to 10 parts per 12 million exposure and 50 parts per million years or 13 possibly less cumulative lifetime exposure." 14 Q What does that mean to you, that you have 1 5 to have both of them? I notice you emphasized the 1 6 conjunction. 1 7 A First off, my reading of this study leads le me to believe that they didn't actually analyze the 1 9 data by exposure level. There's nothing presented 2c about results by exposure level. 21 Q Table 5 ? 22 A Well, table 5 is a - - sort of a picture of ACE-FEDERALREPORTERS,LNc. Nationwide Coverage 202-347-3700 800.334.6646 4xo.68cwo 60797.0 JB/hlb 109 1 the exposure level of each case, but there's no 2 analysis of risk by exposure level, and so the 3 conclusions stated in the abstract doesn't seem to 4 have any foundation in the paper. 5 Q If you'd look down through the case 6 identification numbers and again, he has it by 7 milligrams per cubic meter, so if we divide by 3 , are 8 we close? 9 A 3.25, yes. 10 Q Case number 9 would have had less than 3 0 11 parts per million cumulative exposure? 12 A Yes. 1 3 0 Case number 10 - - 14 A Wait a minute. I'm sorry. No. That l o o k s 1 5 like it's actually case 8, but inexplicably, they've 16 dropped down a line. 1 7 Q I guess so. So it's case 8 , which is less 1 8 than 30 parts per million years? 19 A Yes. 2 0 Q Case number 9 would be what, less than 12 21 parts per million years? 22 A Looks like about a little over 12 ACE-FEDERALREPORTERS, INC. Nationwide Covemge 202-347-3700 800-3366646 410.684.2550 60797.0 JB/hlb 1 110 1 actually - - no, I'm sorry, a little less than 12. 2 Q Case 11? 3 A A little less than 10. 4 Q Did you say a little less than l o ? 5 A No. 3 7 divided by 3 - 1 / 4 , a little more 6 than 10. 7 Q Less than 11, a little more than l o ? 8 A Somewhere between 10 and 11. 9 Q Case number 11, 110 milligrams per cubic 10 aeter? 11 A 3 5 maybe. 1 2 Q 1 5 , which is 5 2 , which is what - - 13 A 17 and a third - - a little less than 17. 14 Q Case number 16 at 9 3 which would be 3 3 , 1 5 l e s s than 31. Case number 18, 12 parts per million 16 years? 17 A Uh-huh. What's the question? 18 Q All these numbers are below 50 parts per 19 million years; correct? A That's correct. However, there's no data in the paper that indicates that those exposures are 22 associated with increased risk of leukemia. There's ACE-FEDERALREPORTERS, h C . NationwideCoverage 202-347-3700 800-336.6646 4106&c2!350 60797.0 JB/hlb 111 1 no analysis in this paper that looks at risk by 2 exposure level, so that's nothing more than 3 descriptive data on the exposures of the people. And 4 as far as the analyses go, it appears not to have 5 been used. 6 Q Page 212, "findings of leukemia risk 7 subsequent to relatively low estimated average 8 accumulative lifetime of benzene exposure supports a 9 recent report by Rinsky." Do you see that? 1 0 A I see that. 11 Q Is that an attempt by the author to 12 correlate the low level exposures to the leukemia and 1 3 risk? 14 A No. It appears to be a statement not based 1 5 on any analyses. It appears to have no foundation. 16 We can critique this paper in more detail, if you'd 1 7 like to go through it. There are some weaknesses 18 that lead me to think that this is not reliable. 19 Q Is it a peer reviewed article? 20 A Yes - - or I shoulU say it's in a journal 21 that does peer review and in fact, for which I've 22 done peer review of articles. ACE-FEDERALREPORTERS,INC. Nationwide Coverage 202-347-3700 800-3366646 410-68.(-2550 60797.0 JB/hlb 112 1 Q Would an article be published in 2 Environmental Health Perspectives without being 3 reviewed? 4 A I would think not. 5 Q What did you find deficient in this 6 particular article? 7 A The exposure information - - 8 Q Specifically? 9 A - - is one of the issues that I find to be 1 0 inadequately described to make sense out of it. 11 Q In other words, you have problems with the 1 2 way the authors have indicated the exposure data 1 3 within the article itself or that it's lacking 14 something? 1 5 A It is entirely lacking from the paper what 16 exposure information existed and how it was obtained i1 I 17 and what the numbers - - the exposure numbers actually 1 8 looked like in a meaningful way. 19 It`s a l s o entirely lacking from the 2 0 paper - - let me rephrase that sentence. That's 2 1 awkward. The paper contains no results based on the 22 exposure information, and so all of the conclusions ACE-FEDERALREPORTERS, h C . Nationwide Coverage 202-347-m 8aD.336a616 410.6&1-2550 60797.0 JB/hlb 113 1 that are stated in the discussion about risk at 2 exposure levels are simply without foundation in the 3 paper. 4Q Would you say that the paper has no benefit 5 in attempting to associate benzene to low level 6 exposures? 7 A I regard it as unreliable. I draw no 8 conclusions from this because I don't think it's 9 reliable. 1 0 Q You haven`t seen Travis's update of that; 11 correct? 12 A I have not. 1 3 Q What is your estimate of Mr. Lavender's 14 benzene exposure? 1 5 A Based on the still hygiene data that was 1 6 done in various areas of the plant, it appears that 17 the exposure levels while he was in the MNB area were ia routinely in the .01 to - - I`m not sure what upper 19 limit to state somewhere in the tenths of parts per 20 million. His exposure levels for most of his work in 21 the iron oxide area were not detectable. There was 2 2 not benzene used in that area and so the exposures ACE-FEDERRAELPORTERS, b C . Nationwide Coverage 202-347-3700 800-33W61uj 410-684-2550 60797.0 JB/hlb 114 uld have been negligible. 2 Q Anywhere else? 3 A His exposure levels when he was in E C D were 4 routinely down in the - 0 1 parts per million to a few 5 tenths of a part per million. 6 Q Anywhere else? Did you make an estimation 7 as to the amount of benzene he was exposed to when he 8 worked around the wastewater trench itself? 9 A My impression from reviewing the area 10 samples throughout the plant is that the exposures in 11 the areas in which benzene was used directly were, as 12 I've stated, in the hundredths or tenths parts per 1 3 million and that included working in the ECD area. 14 Based on that, I think it's unlikely that 1 5 the exposures near the trenches were appreciably 16 different than those levels. 17 Q And what do you base that on, the fact that 18 all the other levels in the area were low? 19 A Yeah. The fact that the area level - - many of the measurements were area measurements and they 21 showed low levels almost all the time with occasional 22 excursions into the few parts per million, so it's ACE-FEDER~APLO R T E R S I, NC. Nationwide Cweage 202-347-3700 8063366646 410-684-2550 1I6 0 7 9 7 . 0 -l 2 area that were measured were very low. 3 Q What significance or relevance, if any, do 4 you find with the specific monitoring that was done 5 above the trench close to the DNT area, which showed 6 benzene between 5 and 50 parts per million after an 7 upset in the mononitrated benzene area? a A I do not recall those specific measurements 9 that you're referring to. However, I don't attach 10 great significance to a brief excursion in the 11 benzene level in air associated with a spill of 12 benzene that would - - if benzene were spilled into 1 3 the trench, there would be a change in exposure that 14 would accompany that spill. 1 5 Q Why don't you attach any significance to 16 that - - first of all, have you ever seen that data, I 17 the particular memo that discusses 5 to 5 0 parts per I I 18 million over and above the trench or near the trench, 19 the different levels that were taken? Have you seen 2 0 that memo? I I 21 A I do not know which memo you're referring to specifically. I went through a stack of data ACE-FEDERALREPORTERS, INC. NationwideCoverage 202-347-3700 800-336.6646 410-684-2550 60797.0 JB/hlb 116 yesterday. If I could see the memo to which you're referring, I could tell you what was in there. Q But you don't attach any significance to that finding? MR. HOLLINGSWORTH: What finding? MR. HARTLEY: The 5 to 5 0 parts per million above the trench. THE WITNESS: Assuming that the sample showed that, and that the sample was collected and I 10 analyzed properly, it would represent the air level 11 where the sample was collected at the time of that 12 spill. ~ ~ 1 3 Spills were uncommon and my understanding 14 of Mr. Lavender's work records is such that he was I 15 not exposed to spills but rarely. And so while he 16 may have had an exposure at that level in what 17 instance or a few instances, that exposure level 10 would not appreciably alter his cumulative benzene 19 exposure over the entire time he was at the Mobay 20 plant. 21 BY MR. HARTLEY: 2 2 Q First of all, you say that upsets or spills ACE-FEDERRAELPOR'rERS, bJC. NationwideCoverage 202-347-3700 8Oo-m 41Q.68cwO 60797.0 JB/hlb 117 1 were uncommon at the Mobay plant? 2 A That is my impression. 3 Q And what do you base that on? 4 A Record of spills prepared by Mobay that 5 tabulated them. 6 Q Do you have a copy of that with you? 7 A I do not, but I was shown that yesterday. 8 Q Fo'r what period of time did you have those 9 record of spills? 10 A For every period of time for which 11 Mr. Lavender was on the site. 12 Q What was that particular document called? 1 3 A I do not recall the title of it. 14 Q And it discussed all of the - - was it a 1 5 control l o g or was it a computerized printout or some 16 typewritten version? What did it look like? 17 A It was a computerized printout listing 1 8 every date on which there was a spill of benzene, the i,19 amount spilled, the plant involved and the estimated 2 0 cost of the spill. Q Okay. I've seen that document. That document does not include all of the dates, does it? ACE-FEDERAL&PORTERS, Nationwide Coverage 202-347-3700 800-336-6646 INC. 410.684-2550 60797.0 JB/hlb 118 1 Does it include every date that there was a spill, or 2 do you know? 3 A I was under the impression it included 4 every date there was a spill. 5 Q Let me represent to you that it doesn't. 6 Do you - - have you reviewed the depositions where the 7 various management employees indicated that many 8 times there were upsets that were not recorded? 9 A I do not recall that specific statement. 1 0 You have the list of things that I have reviewed. 11 Q Let me represent to you Ray LeMasters, who 12 was a foreman in that particular area; Kyle Earley, 1 3 who was a particular foreman; William Thompson, who 14 was a particular foreman in that department, all 15 indicated that there were times when upsets occurred 16 that were not recorded. 17 MR. HOLLINGSWORTH: I object to that 18 characterization O f the testimony. I don't believe 19 that's what it says at all. 20 BY MR. HARTLEY: 2 1 0 Let me represent that to you. My question 22 would then be, the basis for your impression that ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800.3364M6 410&4-2!5.50 60797.0 JB/hlb 119 1 there were a few upsets at this facility is based 2 totally upon the particular documents that y o u have 3 been shown by Mr. Hollingsworth? 4 A It is based on the record of spills that I 5 was shown as well as the depositions of the coworkers 6 and the management people who were deposed which I 7 interpreted as indicating that - - and it was also 8 based on Mr. Lavender's work records showing his 9 assignment on each day of his work on site. 1 0 Putting all of those together, it is my 11 impression that there were very few times when 12 Mr. Lavender was present in an area in which there 13 was a spill or in which anyone could actually recall 14 that he was present or involved in any way with a 1 5 spill. 16 Q And you`re relying on the depositions that 17 are listed on that particular exhibit you gave me? 1 8 A Yes. 19 MR. HARTLEY: Let's mark this as 2 0 Exhibit 1. 2 1 (Garabrant Exhibit 1 identified.) 22 BY MR. HARTLEY: ACE-FEDERALREPORTERS, INC. NationwideCoverage 202-347-3700 806.3366616 410-684-2550 60797.0 JB/hlb 120 1 Q And this is the list of job functions he 2 had at the particular time he was working at Miles? 3 A Yes. 4 Q And you reviewed this. 5 MR. HARTLEY: Do you want to make a copy of 6 this to attach as an exhibit? 7 MR. HOLLINGSWORTH: Sure. We'll get you a another copy. 9 MR. HARTLEY: That will be 2. 1 0 (Garabrant Exhibit 2 identified.) 11 BY MR. HARTLEY: 12 Q Did you talk to John Spencer about the 1 3 exposure in this case? 14 A I have not. 15 Q Have you talked to anyone about exposure 16 personally? 17 A I have not. i a Q Did you talk to Dr. Irons about this case? 19 A I have not. 20 Q Have you talked to any physicians at the 21 University of Michigan - - are you still at Michigan? 22 A I am. ACE-FEDERAL REFQRTERS, INC. Nationwide Coverage 202-347-3700 $DQ-33616M6 41W8c2550 60797.0 JB/hlb 121 1 Q Did you talk to any physicians or anyone at 2 the University of Michigan about this case? 3 A No. 4 Q What level do you feel - - I know you 5 answered this before, but I want to refresh my 6 recollection. What's the odor threshold? 7 A It's in the range of a few parts per 8 million. 9 Q And a few to you is what? 10 A Less than 10. 11 Q More than five, less than l o ? 12 A I'm not sure that any of us could defend a 13 single number. People's odor thresholds vary. I 14 think in the range of 3 to 10. 15 Q Is there a fatigue factor which is taken 16 into account for exposures of any length of time? 17 A It's a general principle that our ability 18 to smell things fatigues rapidly and we cease to 19 smell things a s time goes on, usually within minutes. 2 0 Q Does that occur on a day-to-day basis? If 21 you are used to smelling something every day and 22 every day and every day, do you become fatigued or ACE-FEDERAL REPORTERS, INc. Nationwide Coverage 202-347-3700 800-336.6646 410-684-2550 60797.0 JB/hlb 122 1 just basically used to it is a poor choice of words 2 or immune to it is a poor choice of words, but you 3 recognize it and just keep on going and forget about 4 it? 5 A Well, I think there are two things that 6 happen. It's my understanding that the sensory nerve 7 endings in the nose become - - I don't know if 8 "fatigued" is the right term - - acclimated is 9 probably a better term, to a smell fairly rapidly, 1 0 but that leaving overnight would allow them to 11 reestablish their sensitivity to the smell. 12 Conversely, I think at the cognitive level, 13 in other words, the brain level, we tend to ignore 14 stimuli that we have become accustomed to and regard 1 5 as common place. And so while the smell might be 16 there and the nose would be fresh, if it's something 17 we well know, we might simply fail to recognize that 1 8 it's there. 19 0 Do you have an opinion based upon your 2 0 review of the material concerning whether there was a 2 1 benzene smell given off of the trench on a daily 22 basis? ACE-FEDERAL REPORTERS, INC. NationwideCoverage 202-347-3700 800-336-6646 410-6&4-2!550 60797.0 JB/hlb 123 1 A The records indicate that smells from the 2 trench did occur with some frequency. It wasn't 3 clear in my reading of the records that the people 4 who smelled it could always reliably identify what 5 the smell was. 6 Q If they could reliably identify the smell 7 as being benzene, would the fact that there was a a continuous odor around the mononitrated benzene unit 9 be significant to you in this case? 10 A Yes. 11 Q Why would it be significant? 12 A Because mononitrobenzene has a smell that's 1 3 similar to the smell of benzene, and it has an odor 14 threshold down in the parts per million level, so 1 5 this is a material you smell at very l o w 16 concentrations, and its smell is not clearly 1 7 different than benzene to most people. 18 So the fact there's MNB in the area would 19 be noticed at very low exposure levels and many 20 people can't reliably tell the difference between MNB 21 and benzene. 22 Q My question to y o u , though, was if someone ACE-FEDERALREPORTERS, h C . Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 124 1 could tell the difference and was able to smell 2 benzene coming from the trench and around the MNB 3 unit on a daily basis, does that have any relevance 4 to this particular case? I want you to assume that 5 the person who smells it every day can tell the 6 difference. Does that have any relevance to you at 7 all? 8 A If that were true, it would indicate that 9 at the time the person was out smelling the trench, 1 0 that there was benzene at or above the odor 11 threshold. 12 Q Is there a latency period, Doctor in your 13 opinion for leukemia to develop from benzene 14 exposure? 15 A Yes. 1 6 Q What do you believe that to be? 1 7 A I think that the scientific literature 1 8 supports the conclusion that latency of 10 years or 19 greater is necessary for leukemia to develop after 20 benzene exposure. 2 1 Q Is it absolutely necessary for it to take 22 10 years? ACE-FEDERAL REPORTERS, hC. Nationwide Coverage 202-347-37w 800-33661r16 410.68c.2550 60797.0 JB/hlb 125 1 A Well, I think that's what I just said. The 2 scientific literature does not show evidence of 3 increased risk of leukemia within the first 10 years 4 of exposure. 5 Q And what particular ones establish that you 6 need 1 0 years? Would you reference me to those 7 articles? 8 A Wong in his chemical workers study. 9 Q Is that Wong 1 9 8 7 - A , 1987-B? That's his 10 latency period? 11 A Yes. 12 0 Anyone else? 1 3 A Ott also supports that. 14 Q What about the Bond review of Ott? Does 15 that support it? 16 A I don`t recall that Bond reexamined the 17 issue. I would have to look at it to see. The Bond 1 8 study would support that particular - - 19 Q What portion of the Bond study are you 20 referencing? 21 A Table 5. 22 Q Table 5? ACE-FEDERALREPORTERS, INC. NationwideCoverage 202-347-3700 800.3366646 410-484-2550 60797.0 JB/hlb 126 1 A Yes. 2 Q Three out of every five people have more 3 than 10 exposure; two out of the five of them do not? 4 A I thought we were discussing latency. 5 Q We are. First year of exposure. When does 6 the disease develop, 15, 15 - - yeah, you're right. 7 If you assume the first year of exposure is from then 8 to the year of death, you're going to use the year of 9 death in your determination of latency or when the 10 disease first materialized? 11 A For a mortality study, we have no choice 12 but to base it on death. 13 Q What about Yin's study? Did you l o o k at 14 Yin's study on that particular point? 15 A I don't believe Yin addresses that point. 16 It is not relevant to that issue. 1 7 Q Did Aksoy address that point that you're 18 aware of? 19 A I'm not aware of any studies in which Aksoy 20 addresses that. The Aksoy studies I have include 21 case reports which are not reliable for a 22 determination on that point and the one PMR study ACE-FEDERALREPORTERS, bJC. Nationwide Gwerage 202-347-3700 800.3366616 410-684-2550 60797.0 JB/hlb 127 1 which we have to go back and l o o k at. 2 Q Does toluene have any effect on benzene 3 exposure concomitantly? 4 A I think there's some evidence to suggest 5 that concurrent toluene in benzene exposure alters 6 the metabolism, the metabolic pathway of benzene. 7 Q Resulting in? a A You have to forgive me for not knowing 9 this. It's not an area I reviewed. I think it 1 0 shifts at a way from the pathway that forms 11 hydroquinone and eventually phenol into a different 12 pathway. I'm not confident. 1 3 Q You didn't consider that aspect in this 14 particular case? 15 A I did not review that topic in preparation 16 for this deposition, no. 1 7 Q Does the concurrent exposure to benzene and 1 8 toluene enhance or decrease the toxicity of benzene? 19 A Decreases. 2 0 Q And what do you base that on, old studies? 21 A I should say - - let me amend that answer. 22 It's probably not fair to say toxicity. It shifts ACE-FEDERAL REPOR'rER!3, h C . Nationwide Coverage 202-347-3700 800-336-6644 410.684.2550 60797.0 JB/hlb 128 1 the metabolism down a different pathway. If the 2 leukemogenic effect of benzene occurs through 3 formation of metabolites in the pathway that goes via 4 hydroquinone, then shifting it away from that pathway 5 would be expected to reduce the risk associated with 6 benzene exposure. 7 Q But you're really not aware of the studies 8 on that particular topic? 9 A I do not recall studies on that topic 1 0 adequately to cite them. I know I have read 11 materials on that topic. 12 Q Do you think it's important for this 1 3 particular case, in light of the fact that 14 Mr. Lavender was working in the area where they were 15 nitrating toluene as well as nitrating benzene, that 16 there would be a combined effect between the two 1 7 particular exposures, that you should have looked at 18 that area? 19 A The answer is no. I don't think that that 20 would have changed my opinion, because the basic 2 1 issue with Mr. Lavender's case is that he was not 22 adequately exposed to think that benzene played any ACE-FEDERAL REPORTERSIN, C. Nationwide Coverage 202-347-3700 8oo-J36.66r16 410-684-2550 60797.0 JB/hlb 129 1 role whatsoever in his leukemia, and the presence or 2 absence of toluene at the levels of benzene exposure 3 he had would not change that in any appreciable way. 4 Q Did you take into account Mr. Lavender's 5 drinking history? 6 A Yes, I did. 7 Q Did that have any factor - - or have any 8 effect on your determination of the myelotoxic effect 9 of benzene that he might have been exposed to? 10 A No. 11 Q Were there any other issues that you took 12 into account to determine whether his exposure to benzene was sufficient to cause his AML? 14 A I reviewed all of his medical records and 1 5 his depositions and all the materials I was provided 16 about his personal habits, his medical condition, h i s 17 work assignments, his exposures and the circumstances 1 8 of his work, and I considered all of those things. 19 Q Did you consider the C a r l o s epidemiological 2 0 study to be of any significance? 21 A Yes. 2 2 Q And why is that? ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 130 1 A Well, the Carlos study is the most direct 2 evidence regarding the risk of leukemia in this 3 plant. It's a scientific study looking at the risk 4 of leukemia among people that worked at the Mobay 5 plant. 6Q When was it done? 7 A It was completed in 1988. 8 Q Did you compare the deaths by either lympho 9 or hematopoietic cancers in the Carlos studies to the 10 answers to interrogatories that Miles gave in this 11 case? 1 2 A I ` m not sure what you're getting at. I did 1 3 not put them side by side, no. 14 Q Did you try to determine whether, in fact 15 since 1988 to the time they answered the 16 interrogatories, there were more either lymphatic 1 7 cancers or hemopoietic cancers than what Carlos had 18 disclosed in `88? i !19 A Well, it would surprise me if there hadn't 1 I been more deaths due to those diseases in a cohort of 21 this size. Those diseases do occur in the general 22 population with a predictable frequency. So if you I 60797.0 JB/hlb 131 1 follow a group of people through time, the longer the 2 time period, the more deaths you see due to each 3 cause of death. So that doesn't surprise me that 4 there would have been additional deaths. 5 Q Did you check the rates that were given in 6 a particular interrogatory answer and try to 7 determine if there was a statistical increase in the 8 amount of deaths from either lymphatic or hemopoietic 9 cancers, y e s or no? Did you do that? 1 0 A You'd have to suggest to me in more detail 11 what it is you're asking me - - let me rephrase that. 12 It`s not clear to me what it is you're asking me that 1 3 I did or didn't do. 14 Q Did you look at the interrogatory answers 15 which listed the amount of lymphatic cancers as well I I 16 as hemopoietic cancers? 17 A Yes. I1 8 Q Did you do anything with that data, other 19 than l o o k at it and say here`s what happened? 2 0 A No, I did not. If I can add, there wasn't I 21 anything that could be done with the data in the 2 2 interrogatories. ACE-FEDERALREPORTERISN, C. NationwideCoveage 202-347-3700 8m-3366616 410-684-2550 60797.0 JB/hlb 132 1 Q When you look at carcinogenic risk do you 2 assume it operates multiplicatively or additively, in 3 your own opinion? 4 A I don't actually assume either. That is 5 usually one of the reasons we do epidemiology, to 6 determine whether it acts to add to risk or to 7 multiply the underlying risk. 8 Q Did you determine in your own opinion what 9 benzene does? 10 A The epidemiologic literature, I don't 11 think, is adequate to comment on whether it's a 12 multiplicative or additive risk. There are certain 1 3 methods in analyzing the data that assume 14 multiplicative risk, so some of the discussions we 15 discuss make that assumption, and it's probably a 16 reasonable assumption. 17 Q Specifically which ones? 18 A Paxton, Rinsky and actually, I guess - - no I 19 I guess that's it. 20 Q Why didn't you rely on the Rinsky and 21 Infante studies for your cumulative dose 22 requirements? ACE-FEDERALREFORTERS, INC. Naltbnwkie Coverage 202-347-3700 t3YO-M 410-68c2550 60797.0 JB/hlb 133 1 A Because I think they have systematically 2 underestimated the exposures. 3 Q Do you think there is a nonlinear or linear 4 dose response relationship between benzene and 5 1eukemia? 6 A The best data at this point suggests that 7 there is increased risk above 50 parts per million 8 years and there is no evidence of increased risk 9 below 5 0 parts per million years. Those two 1 0 3bservations are consistent with a nonlinear dose 11 response relationship. 12 Q Have you ever treated someone with 1 3 1eukemia? 14 A Yes. 15 Q Have you ever treated anyone with leukemia 16 who had been exposed to benzene? 17 A Not to my recollection, but I ' m not sure I 18 would know at this point. 19 Q If we assume - - did you read Dr. Rose's 20 deposition? 21 A Vern Rose? 2 2 Q Yes. ACE-FEDERAL&PORTERS, N8tionwide Coverage 202-347-3700 800.336;66.(6 INC. 410-684-2550 60797.0 JB/hlb 134 1 A Yes. 2 Q Do you have any quarrels with any of his 3 statements, or did you disagree with any of his 4 opinions, other than the odor threshold, which I ' m 5 aware of? 6 A I ' d have to go back through it. 7 Q Did you make any notes on that? a A No, I did not. 9 MR. HOLLINGSWORTH: I object to that 10 question on the ground that it's overbroad. And 1 1 without reviewing the deposition in detail now or 12 beforehand, it's not a fair question. Maybe if you 1 3 could state what his opinions are and ask the doctor 14 whether he agrees or disagrees with them, that would `1 5 I be a more efficient way to proceed on this issue. I 16 BY M R . HARTLEY: 1 7 Q Did you make any highlighted pages in i a Dr. Rose's deposition? Did you highlight any pages? 19 A I don't recall whether I did or n o t . 2 0 There's a fairly easy way to find out. 2 1 (Witness reviewed the document.) 2 2 I did. I ACE-FEDERAL REPORTERS, INC. I Nationwide Coverage 202-:47-3700 800-336-6646 430-6fM-2550 60797.0 JB/hlb 135 1 Q What did you highlight? 2 A On page 81, I highlighted "to me the 3 description of these two odors are quite different 4 and therefore, I would believe that they would appear 5 to most people to be different odors." I actually 6 disagree with that. 7 Q Have you smelled mononitrated benzene? 8 A Yes, I have. 9 Q Where did you smell it? 1 0 A I used to smell it cleaning guns. 11 Q And have you smelled benzene? 12 A Yes, I have. 1 3 Q And it's your opinion they smell alike? 1 4 A It's my opinion they smell enough alike 1 5 that most people would have difficulty naming which 16 one they were smelling. 17 Q Would that be true for someone who has 1 8 worked in the area 20 years? 19 A I think that someone who has trained 2 0 himself to recognize smells could reliably 2 1 1 distinguish between them, but someone who is not 2 2 trained to do that probably could not. ACE-FEDERARLEPORTERS, INC. Nationwide Coverage 202-3.17-3700 W10-336w 410-684-2350 60797.0 JB/hlb 136 1 Q Do you have any way to refute 2 Mr. LeMasters's statement that he could tell the 3 difference between benzene and MNB? 4 A I have no way to refute such a statement. 5 Q You haven`t met with Mr. LeMasters, have 6 you? 7 A No. a Q Have you put benzene and mononitrated 9 benzene under his nose? 10 A No, I have not. 11 Q Other than your own conclusion that most 12 people wouldn't, there`s really no way to refute that 13 Mr. LeMasters is able to differentiate between the 14 two? 1 5 A I have no way to refute that, no. 1 6 Q If we assume that Dr. Rose's assessment of 17 61 parts per million any time you could smell i t 1 8 occurred on a daily basis for Mr. Lavender, as he 19 described in his deposition, would that be sufficient 20 in and of itself to cause his - - or to be associated 21 with his AML? 22 MR. HOLLINGSWORTH: Objection. Lack of ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 137 foundation. Misstates the evidence. BY MR. HARTLEY: Q That means you can answer, Doctor. 4 A First off, I think there are good reasons 5 to think that the exposure levels were not that high 6 and that Mr. Lavender couldn't tell what he was 7 smelling, so the characterization that the exposure 8 levels were 61 parts per million is contradicted by 9 the evidence that I read in this case. 1 0 Q Well, let's assume that a jury in Marshall 11 County accepts the fact that Mr. Lavender smelled 12 benzene every day, and let's further assume that this 1 3 jury accepts the fact that Dr. Rose will testify that 14 when you smell it at 61 parts per million. 1 5 Given those two set of circumstances, do 16 you have an opinion with reasonable medical 1 7 probability as to whether Mr. Lavender's acute 18 monocytic leukemia would be causally associated with 19 that exposure? 2 0 MR. HOLLINGSWORTH: Same objection. 2 1 BY MR. HARTLEY: 2 2 Q Sure. I ' m just asking you to assume that. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 702-347-3700 800-3?6-66.16 410-684-2550 60797.0 JB/hlb 138 1 I don't want you to change it for me. I want you to 2 assume that fact. 3 A If I were to accept those assumptions, 4 which I do not - - 5 Q I understand that. 6 A - - it would still be my opinion that 7 Mr. Lavender's exposure to benzene at the Mobay plant 8 did not cause his leukemia. 9 Q Have you attempted to calculate his parts 1 0 per million years? 11 A I've made some mental calculations of that. 1 2 Q And in your opinion, what would that be? 1 3 A In my opinion, his first exposure to 1 4 benzene was in the 1990 to '92 employment period, and 1 5 that out of the 6000 hours he worked in that period, 16 the records indicate he was only in MNB for 48 hours 1 I ! I I I 1 7 and in E C D for 2 0 8 . And so even if the exposures 1 8 were at 6 0 parts per million while he was exposed, 19 with which I disagree, his parts per million years 2 0 would still be far below that that is known to cause 2 1 leukemia. 2 2 Q Did you see in the depositions that the ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-37-3700 800-3366646 .110-684-2550 60797.0 JB/hlb 139 1 operators at ECD were complaining about solvent 2 smells? 3 A I do remember that there were complaints of 4 solvent smells from the trenches and from the 5 wastewater, and I believe in ECD as well. 6 Q Did you notice that Mr. Myers, who was the 7 manager for ECD, testified about the content of 8 benzene or the amount of benzene in the wastewater? 9 Do you remember that? 10 A I do not recall that specific issue. 11 Q Do you remember him testifying that they 12 had received on an average 50 pounds p e r day? 13 A I don't recall. 14 Q Have you seen any documents that would 15 support that? 16 A Did I see any documents that would s u p p o r t 1 7 that 5 0 pounds per day of benzene went into ECD? 1 8 Q Uh - huh. 19 A I don't recall those documents. I would be 2 0 happy to look. 2 1 Q If we assume that to be true, I just want 2 2 you to assume it for right now, that E C D received on ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-576-6646 410-684-2550 60797.0 JB/hlb 140 average 5 0 pounds pel d Y f benzene r 7 day from 2 1980 through 1993. Is that a significant amount of 3 benzene corning to waste? 4 MR. HOLLINGSWORTH: Are you basing this question on the trench monitoring data? Is that what you're referring to? MR. HARTLEY: I'm asking him to assume that 8 there`s 50 pounds of benzene making its way every day 9 on average to ECD. 10 T H E WITNESS: I don't know how to answer 11 your question, is that significant. Whether that has 1 2 any relevance to human exposure isn't clear. It 1 3 depends o n whether that wastewater stream is enclosed 14 or whether it's open. It depends on the temperature 1 5 of the water. It depends on how the water is handled 16 and where the people are. 17 If 5 0 pounds a day reached E C D and if all 18 5 0 pounds a day evaporated into the air, there would 19 be 5 0 pounds of benzene vapor in the air every day. 2 0 It would also matter what the wind velocity was and 2 1 wind direction and general ventilation. And so the 2 2 relevance of that number to human exposure is not ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 102-347-3700 800-336-4446 410-684-2550 60797.0 JB/hlb 141 1 clear. 2 BY MR. HARTLEY: 3 Q Do you understand the E C D process at Miles? 4 A I am not familiar with the details of the 5 ECD process. 6 Q Do you have an understanding as to how the 7 contaminants that are in the water are removed prior 8 to induction into the organism pool? 9 A I do not know that specifically at the Miles plant. 11 Q Will you know that by the time we go to 12 trial? 1 3 A I suspect I will. 14 Q That's another thing you ought to be 15 looking at, then. 16 Can you calculate for me, Doctor, if 50 17 pounds of benzene is making it to the ECD per day, 18 how much is being spilled in the MNB unit? Is that 19 calculation possible? A I cannot make that calculation. 2 1 Q You don't have the training to do i t , or 22 y o u don't have sufficient information to do i t ? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 21'-?47-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 142 A I d n't ha e sufficient information to do 2 i t , and I'm not sure whether I have the training to 3 do it. 4 Q Would you agree with me that if a certain 5 amount of benzene was spilled into the trench at MMB, 6 that a portion of that would evaporate by the time i t 7 made its way almost a half a mile down the road to 8 ECD under normal conditions? 9 A It depends on the construction of the 10 trench and whether it's a closed stainless steel pipe 11 and what the fire traps and grates look like and how 12 much of it is caught and removed in the course of 1 3 going. It depends on wind velocity and temperature. 14 It depends on lots of things. 1 5 Some of i t would certainly evaporate, but 1 6 the amount I cannot predict. It would take someone 1 7 with different credentials than mine. 1 8 Q What do you understand this trench to be? 19 Can you describe it for me? 20 A My recollection is there was a trench 2 1 system that ran throughout the plant that basically 22 had a branch that originated near or in each or most ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 143 1 of the buildings and that it flo ed south to he ECD 2 area, which was at the south end of the plant. 3 The actually description of it is not 4 entirely clear to me. I had the impression in some 5 of the materials that I read that it was an open 6 trench. I had the impression that some areas were 7 covered by a grate, and I recall reading some 8 materials that talked about a stainless steel pipe, 9 and I do not know how all of that fits together, to 10 be quite honest with you. 11 Q Have you tried to determine how it fits 12 together? 1 3 A I have not. 14 Q Do you think that it would matter, the type 1 5 of trench system that was being operated through the 16 Miles facility when you attempt to determine benzene 17 exposure, assuming benzene to be in the trench? i a A I think that the physical construction of 19 the trench system and the rate of water flow and 2 0 temperature and ventilation and many such factors 2 1 certainly will have a n effect on the benzene 2 2 concentration. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-684-2550 60797.0 JB/hlb 144 1 I do not represent myself to be an 2 industrial hygienist or an environmental engineer, 3 and I will rely on the expert opinion of other 4 witnesses in this case for determination of what the 5 exposure levels were along the trench. 6 Q Does that mean that you'll rely on 7 Dr. Rose's evidence or testimony or only on 8 Mr. Spencer's? 9 A I will certainly read Dr. Spencer's and 1 0 have read Dr. Rose`s and will rereview his to make my 11 own determination of what exposures I think are 12 relevant to Mr. Lavender. 13 Q Do y o u think there is enough air monitoring 14 at the Miles facility to calculate cumulative 15 exposure? 16 A The answer is we always want more exposure 1 7 samples than we have. I've been involved in studies 1 8 where we've had thousands of measurements and still 19 wanted and needed more. 20 In the real world, it is clear that there 2 1 have been hundreds of benzene measurements made at 22 Miles, and it's my impression that they are adequate ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6616 410-684-2550 60797.0 JB/hlb 145 1 to come up with an estimate of Mr. Lavender's 2 exposure or a range of estimates that we can be 3 confident of. The issue of having more samples would 4 allow us to have greater precision in the estimate, 5 but nonetheless, there are many samples that I 6 believe are relevant to Mr. Lavender. 7 Q Did you determine what his cumulative parts 8 per million years were? 9 A I think we've already discussed that - - 10 Q We may have. I just forgot. 1 1 A My answer was I made mental calculations. 12 I didn't give you a number. 1 3 Q I didn't think you did. 14 A My recollection is we started discussing it 1 5 and moved on. His exposures were in the range of .01 16 to a few tenths of parts per million with rare 17 excursions into the parts per million range, and his 18 duration of exposure based on his work records 19 appears to have been in the range of a few hundred 20 hours. 2 1 The product of .01 parts per million times 22 .1 working years, which would be the low end of my ACE-FEDERAL REPORTERS, INC. :o~-w-mo Nationwide Coverage 800-336-6636 410-684-2550 60797.0 JB/hlb 146 1 estimate, would be , 0 0 1 parts per million years. The 2 upper end of my estimate would be . 3 parts per 3 million times perhaps .2 years, which would be - 0 6 4 parts per million years. 5 Q What did you base those calculations on? 6 A I based those calculations on the still 7 hygiene measurements we've discussed, which showed 8 many samples in the range of . 0 1 to, as I said, a few 9 tenths of a part per million, which I used as .3 in 1 0 these calculations, so parts per million between . 0 1 11 and . 3 and years of exposure between .1 and .2. 12 So the product of .01 times .1 is - 0 0 1 . 1 3 That's the low end of my estimate. The product of .3 14 PPM times - 2 years is . 0 6 parts per million years. 15 That's the high end of the estimate. 1 6 Q Did you take into account any peak 17 exposures ? 18 A Yes, I did. 19 Q What peak exposures did you take into 20 account? 2 1 A As we`ve already discussed, it's my 2 2 understanding from Mr. Lavender's work records and ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-347-3iOO 800-336-6646 410-684-2550 60797.0 JB/hlb 147 1 descriptions in the depositions and the industrial 2 hygiene monitoring that he was rarely exposed to 3 spills or unusual occurrences. So even if he had a 4 few peaks in the parts per million range, it would 5 not appreciably alter his total parts per million 6 years. 7 Maybe I can add to that. For example, if a he worked at 10 parts per million for a full day, a 9 full day is 1 / 2 0 0 0 of a working year, so you can add 1 0 to my estimate . 0 0 1 times 10, which would be - 0 1 . It 1 1 would only trivially change my upper limit estimate. 1 2 Q Did you take into account the fact that 1 3 Miles routinely did not record samples in the MNB 14 area? 1 5 MR. HOLLINGSWORTH: Objection. I don`t 1 6 think that accurately states what the record is. 17 BY M R . HARTLEY: 1 8 Q Let's put it this way then. Did you take 19 into account Kyle Earley's testimony that many times they did not record the monitoring of benzene in the 2 1 area of MNB? 2 2 A I am aware that there were instances in ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410 - 6 & - 3 0 60797.0 JB/hlb 148 3 which a measurement was made and the res Its rere not 1 written down, if that's what you're referring to. -I Q Yes. Did you take that into account in 4 your calculation of parts per million years? -E A T h e answer is - - the best estimate of a E worker's exposure is based on full shift samples that ,- 1 are made for surveillance purposes, not based on brief grab samples or short duration samples that are 9 made for the purposes of characterizing excursions or 1c determining compliance with the law. 11 And therefore, the large number of samples 12 that represent full shift time weighted averages I 1 3 regard as far more reliable estimates of his real 14 exposure than do measurements made during excursions 1 5 and accidents where there were very brief peaks that 16 did not represent the usual working conditions. 1 7 Q I n your opinion, how long would 2000 p o u n d s 1 8 of benzene need to be exposed to the air to be 19 completely back below the OSHA level? 2 0 MR. HOLLINGSWORTH: Excuse me, 2 0 0 0 pounds 2 1 of benzene from a 55-gallon drum or from some 2 2 container or f r o m the trench? ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 m3w 410-684-2550 60797.0 JB/hlb 149 1 BY MR. HARTLEY: 2 Q Let's assume that we have 2000 pounds of 3 benzene escaping from the water column. How long 4 would it take that 2000 pounds - - first of all, what 5 is your estimate of the parts per million that would 6 be in the area for the 2000 pounds? 7 A There's no meaningful way to answer that 8 question. 9 Q Do you think it would be pretty high? 1 0 A There's no meaningful way to answer the 11 question as it's asked. 12 Q Why not? What are you lacking that would 13 help you answer that question? 14 A I ' m capable of calculating the 1 5 concentration of benzene in air provided I know the 16 volume of air we're talking about, and you`ve given 17 me no sense for the volume of air we're talking 1 8 about. 19 The area, as you`ve stated i t , I don't know 20 whether you're talking about the area around the 2 1 entire Mobay facility, the area in Atrium, West 2 2 Virginia, the area around the MNB plant, the area ACE-FEDERAL REPORTERS, Ixc. Nationwide Coverage 202-347-3700 800-336-6645 110-684-2550 60797.0 JB/hlb I 150 1 around E C D , the air inside a building. 2 If you release 2000 pounds of benzene in 3 this room, the exposure would be very, very high. In 4 fact, you probably couldn`t vaporize it. So I can't 5 answer the question as it`s asked. 6 Q The one area you forgot was. the entire 7 state of West Virginia when we're dropping 2000 8 pounds. If we dropped 2000 pounds into the trench, 9 open air trench, what would the levels be 10 approximately when you're standing 5 feet from the 1 1 trench? 12 A I have no way to estimate that based on the 1 3 information that you've postulated. 14 Q Have you looked at those releases, the 1 5 releases that Mr. Hollingsworth or whomever showed 1 6 you yesterday, the spills? 17 A The amount spilled? 18 Q Yes. 19 A Yes, I have. 2 0 Q Have you attempted to calculate any level 2 1 of benzene that would have been released during those 22 spills? ACE-FEDERALREPORTERS, INC. Nationwide Coverage 102-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 151 1 A The answer is I ha not, nor do I think 2 that I could do that reliably without knowing 3 temperature, wind velocity, wind direction. And 4 those calculations could be better made by someone E d with different credentials than mine. 6 Q What is your little paper there that you 7 keep referring to? a A This is my notes on the chronology of 9 events in Mr. Lavender's life. 1 0 Q Can we mark that as an exhibit? Is that 1 1 your only copy? I don't want to take your o n l y 12 copy. Yes, it is your only copy or yes, we can mark 13 it? 14 A It is my only copy, but it's on disk. I 1 5 can generate another one. 16 MR. HOLLINGSWORTH: We'll copy it for you. 17 MR. HARTLEY: Do you want to mark that 18 as 3 . 19 (Garabrant Exhibit 3 identified.) 20 BY M R . HARTLEY: 2 1 Q Anything else you brought with you, Doctor? 2 2 A I brought everything else I was instructed ACE-FEDERAL REPORTERS,INC. Nationwide Coverage 202-347-3700 800-3.36-6646 410-664-2550 60797.0 JB/hlb 152 1 to bring in that folder. 2 Q This is your notes on your studies - - 3 A Yes. 4 Q - - that you reviewed in addition to 5 whatever else was in there? 6 A Those are my notes on the studies I 7 reviewed, except f o r some that I have recently added, a which are not listed on that page. 9 Q But which are in your three-ring binder? 10 A Yes. 1 1 Q This is an extra copy of this? 1 2 A That's the only one I can put my hands on 13 at the moment. 14 MR. HARTLEY: Can we make a copy of this? 1 s MR. HOLLINGSWORTH: Yes. 16 BY MR. HARTLEY: 1 7 Q Doctor, I don't want a copy of all your 18 articles there. If you would go through the articles 19 and tell me what the titles are f o r the record and 2 0 what the cites are s o I know what you're utilizing at 2 1 this juncture in the case. 2 2 A Could I suggest that I would leave these ACE-FEDERALREPORTERS, INC. Nationwide Coverage 202-37-3700 800-336446 410-684-2550 60797.0 JB/hlb 153 with dr. Hollingsworth and that they co Id do that or 2 copy the face pages. 3 Q That will be fine. 4 MR. HOLLINGSWORTH: There are dozens and 5 dozens of papers that y o u ` r e referring to there. 6 It's probably a faster way to do it. 7 MR. HARTLEY: Whichever way you think is 8 quicker, Doctor. 9 THE WITNESS: Either way is fine with me. 10 BY MR. HARTLEY: 11 Q How many documents are in these total so - - 12 I ' m not suggesting that he would intentionally not 13 give me all the copies, but just so I know that there 1 4 wasn't a mistake made or something like that. How 15 many articles are in both these volumes? A I do not know. I would estimate - - here. This will list everything except the ones that have 1 E yellow tags and the ones that are these. S o this plus approximately - - because there are probably a 2 1 couple that aren't tagged - - I ' d say that with 2 1 roughly a dozen more would be about right. 2; Now, I know a couple of these are tagged ACE-FEDERAL REPORTERS, INC. Nationivide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 154 that are on that list. So it's th t plus about a 2 dozen. 3Q Do you have an opinion as to what is the 4 cause of Mr. Lavender's leukemia? A My opinion is that the vast majority of leukemia arises for reasons that are yet to be discovered and Mr. Lavender is one of those unfortunate cases. 9 Q S o what you`re basically saying is you 1 0 don't know? 11 A What I ' m saying is that I do not think that 12 we - - there's no evidence that his leukemia arose as 1 3 a result of any of the established risk factors f o r 14 that disease with the exception of smoking, which I 1 5 think increased his risk in a small way. 16 Q Outside of the increased risk, you don't 1 7 know what really caused his cancer? I know you've i a said it three different ways. I just want to know 19 yes or n o , if we subtract the increased risk of 2 0 leukemia from smoking, you do not know what caused 2 1 his leukemia, yes or no? 2 2 A I t ' s not a question that can be answered in ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 510-684-2550 60797.0 JB/hlb 155 1 that manner. The question presupposes there is a 2 single cause and that is not the way most, if any, 3 human disease arises. Almost every disease we've 4 studied has multiple causes and the contributions of 5 a number of causes are important in the causation of 6 each case. 7 In Mr. Lavender's case, we've identified 8 smoking as a factor that led to his leukemia, 9 although admittedly it's not a strong factor. The 10 other causes of his leukemia are not known to me or 1 1 to medical science. 1 2 Q He didn't have chemotherapy that caused i t , 1 3 did he? 14 A Not to my knowledge. 1 5 Q He didn't have radiation therapy that 16 caused it? 17 A He did not have radiation therapy. 18 Q That caused his leukemia? 19 A That's correct. 2 0 Q He was not exposed to the atomic fallout in 2 1 Hiroshima? 22 A Not to my knowledge. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-?47-3700 800-336-6616 410-684-2550 60797.0 JB/hlb 156 1 Q Or Nagasaki? 2 I A Not to my knowledge. I 3 Q He was not at the testing ground at 4 Los Alamos, was he? 5 A Not to my knowledge. 6 Q According to his own deposition, he was not 7 exposed to electromagnetic fields because when he was 9 working on the towers, they were deenergized. They 9 ' had not even been energized at all, so he would not 10 have been exposed to electromagnetic fields, would 11 he? I A I suspect that's an area where his 1 3 perceptions are simply wrong. Electricians are l2 14 commonly exposed to substantial electromagnetic ~ ~ 1 5 fields in the course of their work. 16 Q Do you have an opinion that his exposure to I 17 electromagnetic fields caused his leukemia? I 18 A No, I do not. I ~ 19 Q Do you feel there is sufficient evidence in 2 0 the epidemiological literature to support that 2 1 1 relationship? 22 I A No. I I t I / / ACE-FEDERAL REPORTERS, INC. I Nationwide Coverage 202-347-3700 800-3- 410-6&-2550 157 Q His parents weren't known to have a genetically induced leukemia, were they? A No. Q So we've eliminated just about everything except for his smoking, correct, because we know you don't think he had sufficient exposure to benzene. So the only thing we can point to is the . 3 1 to .5 elevation in smokers of developing leukemia, correct, that you supported with the Segal study, and that`s the only thing we can put our finger on? A Again, that has to be said in the right context. We do not know the causes of leukemia in the vast majority of instances and so for Mr. Lavender, although we know that smoking is a cause, he basically falls in the vast majority of cases of leukemia where we are unable to identify what caused it. Q Did you review anything else, Doctor, that we haven't discussed today? A I do not believe s o . Q Would you read for me what your notes are that you're going to do before trial. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 SCO-33h-6646 410-684-2550 I60797.0 JB/hlb 1 MR. HOLLINGSWORTH: What he has written 2 down that he may do before trial is not necessarily 3 what we, on behalf of Miles or Miles's attorneys, 4 would ask him to do in connection with preparing his 5 testimony for trial. 6 These are just a few things that you have 7 asked him about, and you have asked him whether he 8 would perform certain tasks before trial or not, and 9 he said that he would. I just want to make clear 10 what he has been asked to do he has done and he has 11 given you an opinion today in accordance with what I 12 believe our 26(b)(4) statement was as to what his 1 3 opinion would be. 14 He's provided you with, I think, at least 1 5 in my opinion, what all the bases for his opinion are 16 so these other things that you have asked him, 17 whether or not he would do or look at before trial 1 8 are things that he has taken down on his own 19 initiative, at your suggestion, really. It's been by 2 o your suggestion. I It's certainly not clear to me that any one of those things, certainly not all of them, are ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-71;6-6646 410-664-2550 60797.0 JB/hlb 159 1 things that we would ask him to do in advance of his 2 testimony at trial and certainly not any one of those 3 things or all of them are necessary we believe or we 4 believe the court would find to support his opinion 5 at trial. 6 But having said that, you can ask him what 7 those things are. 8 MR. HARTLEY: Thank you. 9 MR. HOLLINGSWORTH: Or we could make a copy 10 of the list. 11 MR. HARTLEY: I'd rather him read it into 12 the record. 1 3 BY MR. HARTLEY: 14 Q Would you make a list and tell me what you 15 have written down there on your piece of paper? 16 A I've written down I need to get the Crump 1 7 article that we've already discussed. I'm interested 1 8 in reviewing whether benzene causes either leukopenia 19 or lymphocytopenia in the absence of pancytopenia. 2 0 I'm interested in reviewing the issue of whether 2 1 benzene is mutagenic. I`m interested in reviewing 2 2 the mechanisms by which benzene causes leukemia. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 8(H)-3344646 410-6&1-2550 60797.0 JB/hlb 160 1 I've written down something about the Wong 2 1983 comments on NIOSH that were not in the open 3 literature, but I don't intend to do anything about 4 that since I have no access to those. I've written 5 down to get a copy of the Travis update of the Yin 6 study . 7 I've written down to calculate the benzene a exposure from cigarettes for Mr. Lavender. I've 9 written down the same, Gene McDonald at NIEHS with 10 the intention of trying to find out what that person 11 has published relevant to this issue. 12 I've written down the name Maltoni, 1 3 although I don't think I'm going to do anything about 14 it. I know a good deal of Dr. Maltoni's literature 1 5 and have it. I don't think it's terribly important 16 to this issue. 17 I've written down "review ECD process," and 18 I've written down in my estimate of parts per million 19 years between .001 and .06. 2 0 Q Have you ever acted as an occupational 2 1 physician for a corporation, in-house? 2 2 A No. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-&46 410-684-2550 60797.0 JB/hlb 161 1 Q You've written on occupational medicine and 2 workers' right to know, haven't you, at least a 3 chapter in some book? 4 A Yes, I've written on communication in the 5 Handbook of Occupational Medicine by Robert 6 McCunney. I don't think the title is quite right. 7 Q '93 or '94 book? 8 A '94. 9 Q Did you read in the depositions where the 1 0 only access Mr. Lavender had to hazards associated 11 with the Miles job site was the fact that he was told 12 about a phosgene MSDS and there were other M S D S s 1 3 available if they wanted to review that? Have you 14 reviewed that? 15 M R . HOLLINGSWORTH: Objection; 16 mischaracterizes the record. 17 BY MR. HARTLEY: 18 Q That means you can answer. 19 A My recollection of that issue is the 2 0 testimony indicated that Miles had supplied a 2 1 complete set of M S D S s to Mr. Lavender's employer and 22 Mr. Lavender's employer was responsible for health ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-3.1;-3700 800-336-6646 410-684-2350 60797.0 JB/hlb 162 1 and safety training. 2 Q If Miles knew that the employer was not 3 following through with health and safety training, 4 did they have an obligation in your opinion to inform 5 Mr. Lavender, either through signs in the areas 6 concerning respirators being needed or through safety 7 meetings or handouts, about the hazards associated 8 with the various chemical processes? 9 MR. HOLLINGSWORTH: Objection. Calls for a 1 0 legal conclusion. 11 BY M R . HARTLEY: 1 2 Q That means you can answer. 1 3 A I'm not a lawyer. I do not know the OSHA 1 4 regulations in adequate detail to answer that. 1 5 Q From a purely industrial setting, as a 16 medical physician, occupational physician, would i t 1 7 be good occupational medicine practice to inform all 1 8 employees, whether they be your employees or someone 1 9 else's employees, on the job site of the hazards 2 0 associated with that particular facility? 2 1 MR. HOLLINGSWORTH: I object to the form. 2 2 Same objection on the requirement for a legal ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-3364646 410-664-2550 60797.0 JB/hlb 163 1 conclusion. 2 BY MR. HARTLEY: 3 Q Do you understand the question, from an 4 occupational medicine standpoint? 5 A I thought I did until you said that. I think I understand the question. While I would certainly agree that everyone at work should understand all of the hazards at work fully, it is 9 extremely difficult to achieve that in the real world 10 and that there are regulations written to ensure that 11 that is - - that a system is built to do that. 1 2 It's my understanding that Miles did its 13 part by providing the M S D S s and that it was 14 Mr. Lavender's employer's responsibility to see that 1 5 he was appropriately trained in terms of the hazards 16 that were present at Miles and in terms of the 1 7 hazards that were uniquely present in the c o u r s e of 1 8 being an electrician. 19 Q What is the basis for your opinion that his 2 0 employer was solely responsible for that training? 2 1 A My recollections of the OSHA regulations. 2 2 Q Are there any other opinions that we have ACE-FEDERAL REPORTERS, INC. Nationwide Coxwage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 164 1 not talked about today that you might testify to at 2 trial? 3 A I cannot think of any. 4 MR. HOLLINGSWORTH: I object to that 5 question. How can he answer that? He doesn't know 6 what he's going to testify to at trial. The trial 7 isn't here yet. 8 You can ask him about his opinion and the 9 bases of his opinions and anything we've offered in 10 the Rule 2 6 ( b ) ( 4 ) statement, but when it comes to t h e 11 trial, for him to testify at trial, a lot will come 12 before him, I ' m sure. 1 3 MR. HARTLEY: That's a typical question. 14 I've been through 10,000 depositions. 1 5 BY M R . HARTLEY: 16 Q Is there any other opinion, Doctor, t h a t 17 you haven't - 1 8 M R . HOLLINGSWORTH: But you haven't heard 19 me ask that. 20 MR. HARTLEY: You're right. I haven't. I 21 don't think I have anything else, Doctor, that I can 2 2 think of anyway. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 102-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 165 1 Do you want to read and sign the 2 deposition - - we better mark this as number 4 . 3 (Discussion off the record.) 4 MR. HOLLINGSWORTH: It appears, 5 Mr. Hartley, that the number of papers that he's 6 relied on which are contained in these two black 7 binders that have been present here in this 8 deposition room is about 100. 9 MR. HARTLEY: I don't want the entire 1 0 articles now. 11 MR. HOLLINGSWORTH: I understand that. You 1 2 want the names of the articles. And what we'll 1 3 endeavor to do is put those on a list for you, which 14 I realize it's not our duty to do. It's yours. 1 5 We`ll do that anyway to save time, and I assume 1 6 you'll just return the favor to me sometime when you 1 7 get a chance. i a MR. HARTLEY: I always try to. 19 MR. HOLLINGSWORTH: Okay. 2 0 MR. HARTLEY: If we go to trial, will you 2 1 bring these two notebooks with you? 2 2 THE WITNESS: Probably. ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-336-6646 410-684-2550 60797.0 JB/hlb 166 1 MR. HARTLEY: Okay. That's fine. 2 (Whereupon, at 2:OO p . m . , the deposition 3 aas concluded. ) 4 -E . . . . . . . . . . . . . . . . . . . . . . . . . . . E DAVID H. GARABRANT c 1 E s 1C 13 1: 1: 1' 1 1 1 1 1 2 2 2 ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-347-3700 800-3366616 410-684-2550 167 1 CONTENTS 2 WITNESS lEXAMI" 3 David H. Garabrant 4 by M r . H a r t l e y 4 5 6 7 8 EXHIBITS 9 GARABRANT DEPOSITION NUMBER XDENTZFIED -1 0 E x h i b i t 1 L i s t of m a t e r i a l s reviewed 11 i n John D . Lavender v . Miles, 1 2 I n c . by David Garabrant -1 3 E x h i b i t 2 1 9 8 0 Work h i s t o r y of John D. 120 1 4 Lavender, Jr. from Sargent 1 5 E l e c t r i c Company T i m e S h e e t s -1 6 E x h i b i t 3 Notes on chronology o f e v e n t s 120 1 7 i n John D . Lavender's l i f e -1 8 E x h i b i t 4 Handwritten document 151 165 19 20 21 22 ACE-FEDERAL REPORTERS, INC. Nationwide Coverage 202-37-3700 800-3366646 410-684-2550 \ I, R 8 the officer b e f o r e whom t h e foregoing d e p o s i t i o n w a s t a k e n , do hereby c e r t i f y t h a t the witness whose t e s t i m o n y a p p e a r s i n t h e f o r e g o i n g d e p o s i t i o n was duly sworn: t h a t t h e t e s t i m o n y of s a i d w i t n e s s w a s t a k e n i n shorthand and thereafter reduced t o t y p e w r i t i n g by m e o r under my d i r e c t i o n ; t h a t s a i d d e p o s i t i o n is a true record of t h e t e s t i m o n y g i v e n by s a i d w i t n e s s ; t h a t I a m n e i t h e r c o u n s e l for, related t o , nor employed by any of t h e p a r t i e s t o t h e a c t i o n i n which t h i s d e p o s i t i o n was taken: and, f u r t h e r , t h a t I am n o t a r e l a t i v e o r employee of any a t t o r n e y o r counsel employed by the p a r t i e s hereto, nor financially or otherwise interested i n the outcome'of t h i s action. D i s t r i c t of Columbia My Commission Expires SEPTEMBER 3 0 , 1 9 9 7 h t c Syslsmr Applimliona 3epo of: 3 A Y m F. GAYASPAS" Lavender v. Miles March 14, 1995 LookSee !1 2 6 UNIQUE WORDS: 1,913 TOTAL OCCURRENCES: 8340 NOISE WORDS:385 TOTAL WORDS IN FILE: 24,981 _ - _ SINGLE FILE CONCORD_AN- C_E - - -CASE SENSEWE NOISE WORD LIST(S): NOISE.NO-1- - 1NCLUDES ALL TEXT OCCURRE-N-C-ES DATES ON- - - IGNORES PURE -NUMBERS - - POSSESSIVE FORMS ON - DATES - August [ I I 52:2 July [ 1 1 32:6 March 4,1986 [ I 1 52:15 May 11I 41:14 k h y of 1994 111 16:21 November [I1 32:5 October 17, 1994 [ I ] 104312 - $- 5350 [ I ] I04:4 ~ ~~~ -1- l/ZOOo[I 1 147:9 15th [ I ] 41:14 1987-A [ I ] 1299 1987-8 [ 11 125:9 -2- 2:oo [I1 166:2 -3- 3-114 111 I 105 ,14:9'17:17---__I-- -----5---- icute 1261 50-some 1I 60:4 SJ-gallon [11 148:21 147, 18; 16:14, 17, 18,20, 22; I7:6; 19:l. 8, 13; 27:17; 37:21; 39:8; 42-15:57:14; 64:18; 90:20; 95:16, -A- IS,21; 96:l. 4, 7, 16; 137:17 ability I31 tdd 17 71:20: 101:11; 121:17 6:20; 46:21; 76:22; able [21 131:20; 132:6: 147:7, 124:l; 136:13 9 absence I61 25:21; 3220; 62:17; added [SI 4:17, 18, 19; 103:20: 67:lO; 129:2; 159:19 152:7 absent [I1 mddition [6] 1oo:lO 24:17; 66:15; 68:3; absolute [ l ] 92:12; 105:16; l52:4 69:7 additional[ 11 absolutely [31 131:4 68:10, 17; 124:21 additionally [11 absorbed [ll 78:I5 49.4 additive [11 abstract (31 132:12 84:16; 85-12;10913 additively [ 1I accept [21 132:2 S8:7; 138:3 address [ 11 acceptable [ I ] 126:17 71:17 accepts [ZI addresses [31 49:18; 126:15,20 137:11, 13 access [2] adequate [ZO] 8:16, 19, 22: 17:7; 160:4; 161:lO accidents [ I ] 18:6, 7, 17, 22; 19:4, 5; 40.5;45:4; 653; 148:15 75:13; 79:4: 97:13; acclimated [ l ] 100:3; 132:11; 1228 accompany [l I 115:14 accordance [I 1 144.22; 162:14 adequately 151 39:ll; 40: 7; 72:3; 128:lO. 22 158111 According [11 admittedly [1 I IS5:9 156:6 according (21 advance [ 1J 159:l 85:12; 107:20 account [81 121:16; 129:4, 12; 146:16, 20: 147:12, 19; 148:3 accumulates [11 49:9 accumulation 121 48:22; 49:4 accumulative [ l ] 111:8 accurately [31 55-9; 69:lO; 147:16 accustomed (11 122:14 achieve [11 I63:9 act (21 34:13. 16 acted [11 160:20 acts 1 1 1 affect 111 36:1 affected [2] 99:19, 22 affects [3] 25-10; S1:l; 100:4 age 111 61:5 agent [4j 24:21; 263, IO: 54:l agents 11I 53:12 agree I91 13:11, 14, 17; 14:7; 29:22; 44:ll; 52:22; 142:4: I63:7 agreement [11 60:22 agrees [ 1I 134:14 air [17] I0:15: 11:s: I3:12: 49:13, 15; 80:17: 115:ll: 116:lO; 140:18, 19; 144:13: 148:lB; 149:15, 16, 17; I50:1, 9 UrSoY 161 49:21; 54:17; 94:16: 126:17, 19, 20 U~SOY'S13I 54:19, 20; 56:ll 11 111 16:9 QlPmos111 156:4 tkohols [ I ] 5:18 Uderson [21 46.5,7 B~4COUIpW& [11 68:9 BUegedly 111 34:9 muow I21 122:lO; 145:4 mbne [21 67:IO; 76:12 mlter (21 116:18; 147:5 alters [I 1 127:5 Alto (11 35:lO amend [I1 127:21 American [2] 8l:l; 94.4 AML I41 18:18; 36:17;. 3; 136:21 amount 1151 10:13; 49:6; 50:l; 76-13: 92:22; I 14:7; 117:19: 131:8, 15: 139:B; 140:2; 142:5. 16: 150:17 analyses [5] 345: 73:l; 94:17: 111:4, 15 Analysis [11 15:18 analysis 151 39:15; 75:18; 8.215: 109:2; 111:l analyze [ I ] 108:18 analyzed [ I ] 116:lO analyzing 121 72:20; 132:13 anemia [2] 25:13; 54:12 animal [ 101 26:17, 18; 28:4: 42:20; 43:3. 8, 9, 12, 16: 50:9 Answer 131 17:13. 17, 19 answer (481 17:13. IS: 225: 24:I I : 27:19; 44:4. I I : 46:16: 49:3: rmoonknabv L*>k.bc(l) 50:14: 55:16: 57:18, 19; 58:6, 7, 8: 63:IO. 17: 66:20, 21: 67:13: 68:20; 70:2; 75:12; 76:4, 22: 7821: 93:ll; 101:8: 102:18: 127:21: 128:19: 131:6; 137:3; 140310; 144316; 145:Il: 1485; 149:7, IO. 13; 150:s; 151:I: 161:18; 162:12, 14; 164:5 answered [A 17:13: 57:17; 66:16: 76:3; 121:5; 130:15; 154:22 mnswering [21 55:22; 79:18 nnswers (31 105:6; 130:lO: 131:14 anybody 111 38:22 anyway 141 33:12; 43:21: I64:22; 165:15 Anywhere [21 114:2, 6 anywhere I I 1 18:15 API [61 6518, 22; 66:,7.5: 81:15; 82:12 aplastic [ I 1 25:13 apologize I31 6:20; 29:lO; 79:19 appear [1I 135:4 appears 171 59:16; 111:4. 14. 15: 113:16; 145:19: 16S:4 applicable [ 1] 78:lO apply 161 11:14: 74:19. 21: 75:l.3, 4 appreciable [4] 853, 14, 15; 1,79:3 appreciably [SI 34:7; 79:7; 114:15: 116:18; 147:5 appreciation [ 11 37:B approach I 1 1 72:18 appropriate 171 26:17; 41:3: 72:21: 87:1, 3; 89:15 appropriately [11 163:15 Approximately [ I ] 85-10 approximately [3] 84:21; I50:IO: 153:19 area (461 5:15;8:1. 11. 14. 20, 21: 9:5: 26:IJ: 27:7: 37:I. 3. 7, 15. 18: 39:19;41:12: Sl:7: I13:17, 21. 22: 114:9. 13. IS. 19. 20: 115:2, From August to area 5, 7; 118:12; 119:12; 123:18; 127:9; I28:14, 18; I35:18; 143:2; 147:14, 21; 149:6, 19, 20, 21, 22; 150:6; l56:12 ar- VI 7:18; 8:4, 12; 113:16: 114:11; 143:6; 162.5 aren't [41 44:12; 56:19; 90:9; 153:20 argument I 11 96.5 arises [21 154:6; IM:3 Arithmetic [ l ] 86:7 arithmetic [6] 86:2, 6 , I I, 17, 21; 87:II arose 111 l54:12 article (281 15:21; 19:13, 16; 20:6; 32:12; 33:l; 35-17 55:7:68:3; 82:4; 89:22: 90:3, 15; 91:8, 22; 92:4, 9; 94:2; 96:10, 12, 15; 97:4; I07:19; 111:19; 112:1, 6,13; 159:17 articles [21] 19:18; 37:4; 41:15; 42:11; 50:19; 51:2; 54:18; 56:19; 91:16, 18; 94:3; 102:15, 19; I03:20: I I I :22; 125:7: I52:I 8: 153:15; 165:10, 12 asking [SI 21:4; 22:15: 8O:lS; 100:2: 131:11, 12; I37:22; 140:7 aspect [1 I 127:13 assess [3] 8:20; 71:22; 76:19 assessing 121 71:3, I O assessment 14) 28:I ; 34:4; 70:18; 136:16 assigned [ 1 1 89:15 assignment [11 119:9 assignments [3] 4:20; 7:ll; 129:17 assist [1 I 32:E associate [11 1135 associated [29] 14:2. 8; 17:l. 6, 9; 18:4; 34:11;36:17; 53:1, 6 , IO;64:lO; 72:19; 74:16; 77:3; 83:16; 95:8; 96:8; 98:11; 100:9: 101:12; 110:22: 115:Il: 128.5: /.{6:2 0, 137.12, A 61.. 0; 162.7.20 ASsoCiates [ : I 522 pssocia& [ I ] 63:12 association [381 14:12, 16; 16:14; 18:6,8, 17; 19:i, 6; 27:21; 28:2; 39x5; 43:8, IO; 64:18; 65.5; 62.1,18, 19; @:I, 11; 69:8, 17; 70:7, 9, 20; 71:3, 10,16; 72:7 73:2; 74:9, 12; 76:7: 77:IO, !I; 91:4; 92:16 Assoeiatiin's [ l ] 81:2 pssociations [11 70:4 Assume [11 42:17 assume [21] 62:19; 63:1, 3; 66:lO; 82:8; 124:4; 126:7: 132:2, 4, 13; 133:19; 136:16; 137:10, 12, 22; 138:2; I39:21, 22; I#:? 149:2; 165:15 Assuming [11 116:8 assuming I21 19:4; I43:17 assumption [3] 66:l; 132:15, 16 assumptions [11 138:3 ASTDR 111 81:9 atmosphere [ I ] 29:21 atomic [ l ] 155:20 Atrium [2] 5:s; 149:21 attach [4] 115:9, 15; 116:3; 120:6 attempt [2] 111:11; 143:16 attempted [3] 59:20; 138:9: 150:20 attempting [2] 43:7: I 1 3 5 attorneys [11 I58:3 August [1J 52:2 author [2] 98:20; 111:11 authored [ I ] 32:12 authors [ I ] 112:12 available [1 1 161:13 average [7l 8:20: 9:5; 108:7; o1mer:ige [ I ] !&.I2 o.r:tre [ 17 12:I O ; 21:14, 21; M : l O ; 65-11: 9I:IO. i I ; 100:12, 18: 101:18, 19; 102:2; 126:18, 19; 128:7; 1343: 147:22 awkward [ l ] 112:21 -B- balance [11 49:8 base [8] 54:7, 8; 6E7: 114:17; 117:3; 126:12; 127:20; 1463 Based [4] 34:3, 4; 113:15; 114:14 b e d [31] 38:8; 3 9 5 , 9; 56:20; 62:5; 65:13, 16; 66:3; 67:11; 71:19, 22; 72:10, 20; 73:9; 74:l; 76:13; 80:9; 94:8; 102:2; 111:14; 112:21; 115:l; 119:1, 4, 8; 122:19; 145:18; 146:6; 148:6, 7 1s0:12 bases [3] 94:17; 158:15; 164:9 basic [ l ] 128:20 Basically [ l ] 39:5 basically [6] 29:ZI; 56:18; 122:l; 142:21; 154:9; 157:15 basing [4] 45:2: 76:lO; 94:l; 140:4 basis [131 9:4; 39313; 54:9; 74:7: 75:l 5: 80:s; I00:20; I I8:22: 121:20; 122:22; 124:3; 136:18: 163:19 bear [ 1 1 15:6 becomes 1 1 ) 87:3 beforehand [ I ] 134:12 behalf [11 158:3 beiigs (21 54:2; IOI:15 believe 1421 5:4, 16; 6:17; 1O:l; 14:20: 19:ll; 23:17; 29:11: 31:l. 5, 19; 36:13; 46:7; 47:12; 51:13; 58:18; 61:9; 64:16; 69:9; 72:15; 'J2:18;57:17: 10/3:1b: 106:15: 108318: 118:18: 124:16: 126:15; 135:4; 139:5; 1456; 157:20; 158:12: 159:3, 4 benefit [ 11 113:4 Benzene 24:22; 29:19: 40:20; 89:17; 92:17; 100:2; 101:7 benzene [229] 7:16, 18; 8:19, 20; 9:s; 10:5, 13, 20; 12:3; 13:6, 12, 17; 14:8; 16:14; 17:l. 7, 9, 12; 18:3, 4: 19:l; 20:11: 21:1, 13, 14. 17; 22:lO; 24:19, 20; 25:l 0; 26:8, IS,20; 2 7 3 , 10,16, 22; 28:3, 20; 29:2, 4. 7, 13, 17, 19;30:1, 4, 5, 11, 14, 17.21; 31:3, 6, 19; 32:21, 22; 35:19. 21: 36:1, 3. 4, 11, 16, 20: 37:IO, 20; 38:3, 19, 20: 40:3, 6, 9, 19, 21. 22; 41:6, 9: 42:8: 446; 47:lO; 48:1, 2, 10, 17, 22; 49:15; 50:22; 51:22: 53:15, 22; 54:12; 55:14, 21; 57:14: 61:22: 62:6. 9, 17: 64:I, 19; 67:1, 10. IS; 72:19; 73:2; 74:3. 16: 75:15; 76:9, 11; 77:3, 13: 78:14: 79:2; 80:4, I 7;83:7, 9, 14. 19: 84:15, 19; 87:8, 22; 88:11; 89:14, 20, 21: 90:5, 13: 91.5; 92:l I , 22; 93:3, 7, 14: 96-6, 9; 97:lB: 98:4, 5; 99:19, 22: 100:9, 17; 101:6, 17, 20; 102:1, 3, 13, 14, 17; 103:3. 7; Ill:& 1135, 14, 22: 114:7. 11; 115:6, 7, 11, 12; 116:18: 117:18: 122:21: 123:7, 8, 13, 17, 21; 124:2, IO, 13, 20; 127:2, 5, 6 , 17, 18; 128:2, 6 , I S . 22; 129:2, 9, 13: 132:9; 133:4, 16; 135:7, 11: 136:3, 8, 9; 137:12; 138:7, 14; I39:8, I 7; 140:1, 3 , 8, 19; 141:17: 142:5; 143:16, 17, 21; 144:21; 147:20; 148:18, 21: 149:3. IS: 150:2, 21; 157:6; 159:18, 21, 22; 160:7 benzeneinduced [41 62:20; 63:2. 9; 66:11 benzenerelated 11 I I 62:l I Bernard [ 11 I03:8 bias 111 6520 bmed ( 1 1 66:6 bill [2] 35:7; 106:l billed [ I ] 104:7 binder [11 152:9 binders [31 20:1, 7; 165-7 biochemical [11 25:4 b i o b g i [3I 27:2I ;I 02:4, 9 biological (61 27:22; 101:17, 19; 102:12, 16; 103:7 biomarkers [ 11 102:21 bit [ I ] 4:lO black [ I ] I65:6 I31 25:20; 31:3; 49:13 M Y141 47:11, 18; 48:15; 86:16; 98:3, 5 Bond [ 141 46:17; 58:14, 17; 59:13; 72:9. 22: 75:lE: 7 6 5 , 12: 97:15; 125:14. 16. 17. 19 Bond's [2] 59:8, I I bone [ I 1 1 24:19, 22; 25:E. 10: 41:2; 48:6: 49:10, 16: 50:5: 5 l : l ; 54:5 bones [ I 1 92:15 hook 121 161:3, 7 books [ I ] 44:20 bounded [ I ] 88:7 Bradley [SI 14:15; 28:17: 29:2. 3: 30.9, 16, 20: 31:2 brain [ 1 ] 122:13 branch [ I ] 142:22 breudth [ I 1 30x5 break [6] 58:21: 60:20: 96:20: 97:1, IO; 107:6 brief [3] 115:lO; 148:8. 15 Briefly [ 11 27:4 Britnin 121 46:9, 10 broader [31 From ar&-to Britain 16:20: 173: 97:13 building 131 5:21: 6:2; 150:I buildings [ 11 143:l built [11 163:11 burn [11 53:lO -c- cakulate [91 59:20; 83:18; 93:17, 18; I38:9; 141:I 6; 144:14; 150:20; 160:7 calculating 111 I49:14 calculation [31 141:19, 20: 148:4 calculations (61 138:ll: 14S:ll; 1465, 6, 10; 15134 calculator [21 61:1, 2 call [2] 35:I 2; 95:15 Calls [11 162:9 Canada [11 52:l cancer [A 30:22; 32:13; 53:1, 7, 10, 14; 154:17 cancers 161 130:9, 17; 131:9, IS, 16 capable [11 149:14 Caravaggio [11 105:12 carcinogenic [1I 132:l carcinogenicity [2] 28:20: 43:13 Carlos [SI 6:16: 129:19; 130:l. 9, 17 Case [141 5 6 5 . 8; 60:9, 11; 61.5, 13; 94:21; 109:10, 13, 20; 110:2, 9. 14, I5 case (861 4:12, 14; 7:8; 11:lS; 14:16; 23:8, 11. 12, 13; 24:3; 29:2, 4, 7, 14,17,19;30:1,4, 7. 9, 16, 20; 31:2; 36:15; 38:16; 44:18; 55-9, 19:56:3, 16, 17. 19, 20; 57:10, 12; 58:3; 60:2, 7. 16: 62:l; 63.5, 19; 66:10,11; 73:21; 74:20; 7 5 2 , 21, 22; 84:9; 94:12, 16, 20. 21; 95:l. 6; 104:5, 9, 21; IO6:l; 107:3: 109:I. 5. I S , 17: I20:13, 18; 121:2; 123:9: 124:4; 126:21; 127.14, i 28...!, .!I, (i2.11 130.11, A37.!), 1 .l4:4: cIiJrxterizet1 [ 11 152.21; 155.Ci l' ?k12 cases [37 chdracftrizes f I] 23:.', 3, 5, 7,15, 18, b3:9 20; 24::, 4, 7, 8 , 10. rharacteriziig [l] 13; 30:!0, 13: 62.5. 7. 148:9 14; 63.3, 15: 66rl4, charcoal [SI 18; 67.5, 9; 72:8, 16; I0:8,10, 11, 13, 20 73:12, 18: 74:21; I check [I1 75:3, 4;87:13, 16; 131:5 ~ 88:9; 154:8; 157:16 chemical [15] catqwized [l] i 31:14, 15; 33:10, IS, 19:7 18; 34:1, 5, 15, 16; category [11 45:8; 62:9: 9210; 18:18 125:8; I62:8 caught [1I chemicals [11 142:12 34:lO causal [161 chemotherapy [ l ] 18:22; 19:6; 27.-15; 155:12 28:2; 37:19; 43:7, IO; choice [3] 64:18; 66:13; &:I, 4, 122:I. 2; 126:11 10, 18; 69:8;71:3. I O choose [3] causality [21 63:lS: 72:15; 74:2I 7O:lS; 72:s chose (11 causally [l] 33:I 3 137:18 chosen [2] causation f5] 86:4, 10 63:18; 71:19, 22; chromosomal [2] 78:18; I55:S 37.5: 43:17 causative [11 chromosome [181 68:4 27.3, 6. IO; 35:22; causeandeffect [11 36:l I, 15, 20; 37.9 0; 37:13 38:12, I S , 18; 39:15, caused [131 19; 42:8, 13: 43:18, 40:4, 6; 75-16;76:9; 21f22 90:19; 93:4; 154:17, chromosomes (41 20; 155:12, 16, 18; 36:s; 38x5,20; 40:13 156:l 7; 157:17 chronology [l] cease [I] I51:8 121:18 cigarette [61 cell [6] 59:I; 91:5, 9; 92:22; 25:22; 26:18; 49:14; 93:3; 94:l 51:l; 54:3; 101:4 cigarettes [ 11 cells 141 160.23 17:21; 18:14; 53.5: circumstances [SI 100:4 19:2; 25:l: 26:20; cellular [2] 49:19; 53:12; 54:s; 25:3; 54:4 129:17: 137:15 certainty [2] citation [T 65.5: 91:2 15:16; 51:11, 16; chance [101 90:13; 98:21; 99:4, 6 67:lO; 68:14; 70:19, cite [SI 21; 71:1, 14, 21; 72:4, 50:19; 51:2. 19; 94:s; 7;165-17 128:lO Chnnge [11 cited 121 84:l change [A 51:14, 18 cites [ I ] 32:18; 36-21: 655; I52:20 115:13; 129:3; 138:l; claimed [ l ] 147:l I 70:13 changed [2] cleaning [I] 57:18; 128:20 135:lO changes [7l clear [ I l l 27:lO; 37.5; 43:17, 49:21; 73:5: 80:7; 21; 50:21; 98:3, 4 123:3; 131:12; chapter [11 140:12; 141:l; 143:4; 161:3 144:20; 158:9, 21 characterization131 , clinic [2] 58:2: 118:18: 137:7 24:4. 15 ~ chnracterize [11 ' clinical [2] .?4:16, I 8 c JtlSed [I I .'42:10 (:r.u 11 51:12 coauthored I1 1 31:13 cognitive [11 122:12 cohort [ I S ] 158; 16:l; 44:15; 45:17; 46:22; 62:8, 15; 63:22; 65:12; 67:2: 77:6; 89:l: 953. 7;130:20 couepgues [11 72:22 collected [2] I116:9, ll column [11 I49:3 combmed [ l ] 128:16 coming [2] 124:2; 140:3 comment [ I ] 132:l I Comments [11 51:21 comments [1] I60:2 common[2] 5:17; 122:15 commoniy [2] 69:16; 156:14 communication [11 161:4 community [11 I00:22 comparable [11 80:2 compare 121 33:9: 130:8 complaining [ 11 139:l complaints [11 139:3 complete [2] 103:20; 161:21 completed [11 130:7 completely [2] 22:3; 148:19 compliance [ I 1 148:lO compliment [11 42:s compound [2] 49:7; 83:8 computerized [2] 117:15, 17 concentration [6] 84:15, 19; 87:22; 92:12; 143:22; 149:15 concentrations[21 87:8; 123:16 concept [1 1 68:13 concern [1I 30:11 concerned [ 11 98: 7 concerning [9] 30:13. 17, 21: 31.3: 37:lO; 505, 18: 122:20; I62:6 conclude 161 62:14; 65:4; 70:22: 73:8; 75:13: 77:l I concluded [11 166-3 conclusion [101 14:l; 39:11; 62:16: 76-15, 16: 100:20: 124:18; 136:ll: 162:IO; 163:l conclusions 161 33:20; 63:4; 65:13: I09:3; I I2:22; I I3:8 conclusive [1] 74:15 concomitantly [ 1] 127:3 concurrent [21 127.5. I 7 condition [ 11 129:16 conditional [lI 40:4 conditions [31 55:12; 142:B: 148:16 conference [11 106:19 conferences [2] 106:16, I8 confidence [ 2 ] 94:9; 95:s confident [3] 71:13; 127:12: 145:3 confirming [ 11 60:2I confound (21 34:2, 7 confounded [ 11 33:18 confounder I 1 I 34:14 confounders [ 1] 34:17 conjunction 11I 108:16 connection [ 1] I58:4 consider [SI 18:21; 71:2. 11: 127:13: 129:19 considerably [ 1I 65:14 consideration [ 1 I 27:22 considered 131 5:ll; 66:22: 129:lS considering [ I ] 72:20 consisted [ I 1 8:1 consistent [3] 19:ll; 97:11: 133:10 consbently [1I 91:3 construction [2] 142:9: 143:lS From building to construction BY10 Swlcm A p p l I C P I M contained [11 165:6 container [I] 148:22 contains [11 112:21 contaminants [1] 141:7 content 111 139:7 context [2] 69:18; 157:12 continues [11 48:18 continuous [1] 123:8 eOntr8Ct [101 7:20; 8:7. 10; 77:17: 78.5, 10. 11, 18,22: 80:15 contractors [11 79:22 contradicted [11 137:8 contribute [11 72:4 contributed [11 90:19 contributions [11 lSS:4 control [6J 94:12, 16, 21; 95:7; 117:15 contmlling [11 56-3 copies [11 153:13 COPY (191 5:20; 33:7: 34:18; 35:4; 82:3: I 17:6: 1205, 8: 151:ll. 12. 14, 16; 152:11, 14, 17; I53:2; I59:9; I60:5 corporation [11 160:21 correlate [I] 111:12 corresponding [I1 7:13 cost [1I 1I7:20 count 111 25:20 counts [11 51:l County [ 11 137:11 couple [3] 496; I S3:20, 22 course [101 6:12; 49:l; 56:21; 65:17;83:14; 105:19. 22; 142:12: 156:15; 163:17 court [I] 159:4 covered ( I ] 143:7 coworkers [1 I I I9:5 Depo of: DAVID H-. GARABRAIiT__Lavender v. Miles March 14-, 1995 credentiak 121 IoJ:11 77322; I02:7 142:17; i51.:' dates [ 1 1 depends 171 criteria 131 1 I7::22 10:17; 140:13, 14, IS; 38:3; 75:22; 76-17 daughter [I] 142:9, 13, I4 criterion [1I 72:16 55-3 DAVID [2] deposed I l l 119:6 Critical [11 4:3; I66:6 deposition ( 2 7 92: 7 David [1 ] 4:20, 21; 6:14: 152; critique [11 4:9 16:8, 13, 21: ?0:6: 111:14 day 1201 27:13; 28:7, 17: 36:8; CtlllII'S [ l l 12:9; 104:17; 106:7; 37:17; 69:4: 99:17; 105-9 119:9; 121:21, 22; 105:9, 13; 127:16; Crump PI 124:s; 137:12; 133:20; 134:ll. 18; 35:17; 159:16 139:12, 17; 140:I, 8, 136:19; 156:6: 1622, Clump's I31 17, 18, 19; 141:17; 8; I66:2 15:7; 19:12; %:lo I47:8, 9 depositions [ 121 cubic [141 bY-to-daY111 6:ll; 80:7; 105:4, 6; 83:20; 84:20; 8 5 3 , 6, 121:20 118.6; 119:s. 16: 8: 87:10, 14, 17; =:I, days 121 129:lS; 138:22: 2 , 8; 109:7; 110:9 47:16; 48:11 I47:l; 161:9; 164:14 cumulative [IS] deal [I] depress [11 14:l;48:21; 62:2; 160:14 25:12 64:19; 47:lS; 73:lO; dealing [11 depth [ l ] 75:7; 80:13; 108:8, 7:20 28:6 13; 109:ll; 116:18; Dean [2] derive [11 132:21; 144:14; 145:7 4:ll; 6:7 18:13 current [ll death [5] derived [5J 41:16 61:5; 1X 8 , 9, 12; 17:20: 3337; 61:15: CV [4] 131:3 67:13; 93:7 31:E 32:4; 33:7, 9 deaths [61 describe (21 cyanide [I] 74:14; 130:8, 20; 5:3; 142:19 53:9 131:2, 4, 8 described (31 cytogenetic [l1 decimal (11 88:17; 112:lO: 136:19 98:3 10:21 description 121 c p t o x k [41 decimals (11 I 35:3; I43:3 53:13, 22; 54:1, 4 10:20 descriptions 121 CytotOxicPlly [I] decrease (21 49:22; 147:1 53:16 100:6; 127:18 descriptive [1] cytotoxicity [21 Decreases [11 111:3 52.22: 53:s -D- 127:19 deenergized [1 I I56:8 designation [ 11 83:19 designed [ 11 daiIy (31 12221; 124:3; 136-18 damage 1221 24:19. 22; 2 7 5 , 6; 28:19; 36:l I, 15, 20: 37:lO; 38:12, I S , 18; 39:1, 15; 41:2; 42:9, 13: 43:19, 22; 505; 53:15, 22 damaged [2] 49:11, 16 data 1401 6:10, 12; 7:14. I S , 22; 5.3. 10, 12; 12:15, 17; 13:7; 19.5; 50:9, 10, I I . 12: 59:17; 66:22; 72:20: 79:8, 14; 86:2, 25: 87:4; 91:12, 14; 52:20; 96:8; 108:19: ll0:20; 111:3; 111:12; 113:lS; 115:16, 22: 131318, 2.': 132:13; 133:6; ia:s date (61 3 2 3 : 52:15: 10612; :.'?:IS; 118:l. 4 dated [ I ] defend (11 121:12 defensible [ 1I 76:I8 deficient [11 112.5 define [11 67:5 definition [ 5 ] 22:12, 14; 61:ll; 85-16: 102:9 definitions [2] 22:16: 102:7 degree [ 1I 65:4 Delzel[ 11 46:22 demonstrate [51 26:15, 18; 43:16; 64:7; 95:7 demonstrated [2] 26:21; 92:14 demonstrating (11 40:18 department [ I] 118:14 dependence [ 11 I0:15 depending [2] 33:15 detail [8j 27:s: 46:14: 56:13: 97:14; 111:16: 131:lO; 134:ll: 162:14 detailed 111 28.5 details [2] 26-19: 141:4 detect [3] 10:13, 20; 11:i detectable [11 113:21 detection [21 10:2, 4 detector [11 10:9 determination [ i 3 1 5:Il; 8:13; 43:13: 57:14, 21: 71:19; 72:s; 96:4; 1,76:9,22: 129:s: 144:4, 1i determine (221 8:15, 18; 9:4: 33:17; 37:19; 43:7: @:I, 18: 69:s: 75:6. 9: 76:s: 92:19; 102:1,7: 129:12: 130:14: -[;nmnnrr.kvL.,k-w4) 131:7: 132:6. 8: 143:ll. 16; 145:7 determining [ 5 ] 55:20: 68:4: 72:18: 107:19: 148:lO develop [9] 26:17: 54:l I ; S5:6; 64:13; 74:3: 99:l I ; 124:13. 19: 126:6 developed [7l 34:9: 5S:3, 11; 61:13; 64:4, 5, 6 developing [ 1] 157:s development [101 20:lO. 16; 27:17: 30:18: 37:21: 39:7; 53:l. 6: 56:6; 90:19 Devine (31 45:16: 83:3. 6 dWgn0StiC [ 1] 97:14 dingram [ I 1 6:B died [ I ] 61:6 difference (51 78:15: 123:20: 124:l. 6; I36:j differentiate [ I 1 136-33 difficult [31 26:14: 71:13: 163:9 difficulty [ 2 ] 71:1?: 135:IS direct (31 12:13: 57:f9: 13O:l direction [2] 140:21: I 5 I : J diwgree (41 81:l: 134:j: 135:6: 138:19 disagrees [ I I 134:14 discard 121 63:16: 66:IS disclosed ( I ] 130:18 discovered [ 1I 154:7 discuss (51 4:ll: 37:4: 42:s. 12: 132:15 discussed [7] 6:13: 117:14: 145:9: 146:7. 21: 157:/9: 159:17 dwusses [4] 19:13: 39:15; 40:12: 115:17 discussing [81 36:l I :40:13: 93:s; 95:16: 96:15: 107:17; 126:4: 145:14 Discussion [ I ] 1653 discussion (3I 31:18: 81:14: I I3:I diwushns 1I I 132:14 dbease [ 151 From contained to discussions 1l:lO: 20:16, 18, 19: 63:12. 13; 71:9; 78.2: 98:2, 6: 126:6, 10: 154:I 4: I55:3 diseases [2] 130:20, 21 disk [ I ] 1 151:14 disorder [I 1 31:4 disrupt [ 11 53:ll dissect [ l l 72:9 dstioguish [ I ] 13521 distribution I41 &:I; 78:8; 85:2; 87:8 divide 121 86:8; 109:7 divided [11 I 10:5 DNA [ I ] 27:12 DNT [ I ] 115.5 docket [ l ] 52:19 Doctor [31J 4:8: 7:9: 13:20; 15:4; 16:7; 26:22; 31:20; 34:18: 39:3; 41:21; 47:lO: 52:22; 58:6; 64:8: 69:i2; 81:22; 84:17: 85:16; 92:21; 97:17: I00:16; I04:3; 124:12: 137:3; 141:16: 151:21: 152:17: 15323; 157:18: 164:i6, 21 doctor [?-I 38:17: 134:13 document I61 52:3: 271:s: 117:12. 21, 22: 134:21 documents [SI 24:17: 104:11, 18; 119:2: 139:14. 16, 19: 153:11 doesn't [ 161 18:2; 27:14; 37:3; 38:2: 43:20, 21; 62:16: 64:7; 66:20; 74:15: 97:lO; 101:lO; 109:3: 1I8:5; 131:3; 164:s dose [ 5 ] 22:9; 47:15; 132:21; 133:4. I O dozen 121 153:2 1:154:2 dozens 121 153:4. 5 Dr [22] 6:14: SZ:7, IO: 65:14; 98:22: 103:6,8; 105:6. 7. 8, 9; 120:18: 133:19: 134:lS: 136:16: 137:13: 144:7. 9. IO: 160:14 draw [3] 6:5, &!.IO.. ' 3 : ; drawing ! 2 ] 6:6, 8 drawn [ 11 10:16 drinking [11 1295 dropped (21 109:16; I50:B dropping [ 1I 150:7 drum [1 ] 148:21 due [SI 62:15; 65:s; 71:14; 130:20; 131:2 duly 111 4:4 duration [31 62:l; I45:18; 148:8 duty 111 165:14 dysplasii [31 89:17, 19; 90x5 -E- Earley (31 105:IO, I!; 118:12 Earley's [11 147:19 earliest [1] 104:Il [11 134:20 ECD [17] 114:3, 13; 138:17; 139:1, 5 , 7, 17, 22: 140:9, 17; 141:3. 5, 17; I42:8: I43:l: 150:l; 160:17 edit [11 33:13 effect [81 21:l; 86:15; 127:2: 128:2, 16: 129:s; 143:21 effects [2] 27:12; 101:ll efficient [11 134:15 Eight [ 11 106:8 eight PI 46:8; 106:lO Electric [2] 31:17; 33:2 electric [1] 31:13 electrical [11 31:15 electrician [ I ] 163:18 Electricians [11 156:13 electricians [5] 7:20. 2i: 8:7, 8, 10 electromagnetic [6] 33:17: 34:9: IS6:7, I O . 14, 17 elements [ 11 :.4:5 elrvnt.4 [4] i71:8<18; 91:7; 95:8 elevation [ I ] 15Z-8 eliminate (2) 48:l. 5 eliminated [3] 48:ll; 49:6; 157:4 else's [ l ] 162:19 EMF [ I 1 33:19 emphasized [ I ] 108:15 em8p:lioiy;-n 1:91~m1;9; 79:1, 20; 118:7; 162:18, 19 e m p l o w 141 161:21, 22; 162:2; 163:20 employer's [I] 163:14 employment [11 138:14 enclosed [11 140:13 end [ l o ] 48:7; 70:11; 81:21; 82.2; 85:18: 143:2; 145:22: 146:2, 13. 15 endeavor [11 165:13 endings [11 122:7 energized [11 156:9 engineer [ 11 1#:2 enhance [ I ] 127:18 enlightenment [ I 1 78:2 ensure [1I 163:lO entered [ 11 9o:lO entitled [1 ] 68:20 entity [ I ] 71:9 Environmental [SI 15:19: 35:18; 47:9; 52:l; 81:17; 107:lS; I08:2; I I2:2 environmental [ 1] 1&:2 epidemiologic [1 1] 13:22; 21:20; 30:5; 38:9: 44:7;50:IO, 12; 75:9: 76:14: 77:l; 132:lO epidemiological [101 38:11; 39x5: 44:19; 50:6: 77:lS: 78:17; 94:14; 102:ll; 129:19; 156:20 epidemiologists [ 11 69:15 Epidemiology [1I 94.4 epidemiology 151 7122; 91:3; 94:19: I02:I; 132.3 EPRI [3] 33:4; 34:2I; 35-9 equation [3] 27:14; 38:7: 42:14 equilibrium [11 49.3 equipment [SI 78:13; 79-1,16, 21; 80:12 Ernest [ I ] 105:iO erythroparesis [11 25:12 a p i n g 11 149:3 establish [61 17:9; 18:6, 7,22; 19.5: 125.5 established [ I ] 154:13 establishing 1 1 ) 70:15 estimate [181 81:7, 9: 104:21: 106:lO: 113:13; 145:1, 4: 146:l. 2, 13, 15; 147:10, !I: 148.5; 149:s; 150:12; 153:16: 160:18 estimated I31 67:lS: 111:7; 117:19 estimates [5] 14:4; 65:12, 15; 145:Z: 148:13 estimation [ I ] 114.4 et [ I 1 16:9 ethers [ 1 I 5:18 evaluate [ 11 68:14 evaporate [2] 142:6, I5 evaporated [1 I 140:18 Evelyn (21 105-18. 21 events [ 11 151:9 eventually [11 127:ll evidence [291 14:ll; 17:8, 11; 18:6, 22; 38:15, 18; 43:lO; #:8; 63:12; 64:IO; 69:17: 70:9: 73:s. 6; 74:16; 7S:lO; 77:2, 11; 93:6: 1252: 127:4; 130:2: 133:8: 137:1, 9: 144:7: 154:12: 156:19 evolving [ 1I 100:17 exact [11 68:21 exactly [21 51:16: 69:l EXAMlNATION [ 1I 4:6 examination I 11 66:3 examine 141 75:8: 76-6: 9S:4: IOl:I2 examined 121 4.5: 92:19 examines [ 1I %:6 emmple [2] 86:19: 147:7 exceed 111 192 Except [ 11 96:lO except [31 152:7: 153:17: 1575 exception [ 1 1 154:14 excess I21 14:2; 74:2 exclude [ 9 ] 38:7: 39:14: 63:7: 70:18: 71:20: 72:3. 9. 17; 77:20 excluded [1I 63.20 excluding [ 1 I 104:22 excreted [ 1 1 47:13 excretion [21 48:9: 49:7 excursion [ 1 I 115:10 excursions [SI 80:3; 114:22: 145:I 7: 148:9, 14 Excuse [3] 31:20: 40:21: /48:20 excuse [ 1I 47:s exercise (21 63:20: 72:lS exhale [ 11 47:19 Exhihit [4l 119:20, 21: 12O:lO: 151:19 exhibit [3I 119:17: 120:6: 151:lO existed [ 1I 112:16 existing [1 1 92:20 expect I31 48:14: 61:21: l06:l [41 62:5, 7:80:l: 128:5 expecting [ 11 66:15 experience 121 70:8: S1:lO expert [2] 23:6: 144:3 expertise [ 11 37:3 explain 151 From diseases to expertise 8.111S~kslrms App1i-l- 33:11; 61:16: 68:ll. 16,19 145.1:. , 4 6 . , 7, ' 9 explains [ 11 express [ L j 22:I 36::5 explanation (31 70:19; 71:l; 81:11 -t [Y 10:1'7;96%; 97;IG: expbration 111 103.2 40:3 explosion [11 -a 111 152:Il 97:2I explosions [1I 9E22 exposed In1 extreme [ 1I 86:17 -=e [31 S4:6, 11; I63:9 34:lO; 36:21; 39:ll; 40:c 45:21; &:I, 2, , Exxon[II 4E3 18; 50:2I; 62:2I; Eylw [I1 93:s; 114:7; 116:15: 10s:10 I28:22; I29:9; 133:16; 138:18; -F- 1422; 148:18; 155:20; 156:7, 10, 14 f- P I exposure [I611 8:13, 20; 9:s. 9, 11, 15; 12:l; 19:2; 25:1, ' 153:2 facility [12] 5:s. 16; 8:16; 27:17; 11;27:16: 30:17, 21: 77:2, 4, 16; 119:l; 33:17; 34:13, IS; 143:16; 144:14; 3211, 20: 399; 405, 9, 10, 12; 41:3, 9; 149:2I; 162:20 fact [22] 42:8. 12; 44:8;49.5, 20; SO:1, 5; S4:6, I I , 1 258; 33:14; 61:3; 62:1, 5, 20; 78:l; 13: S8:16; 59:17; 87:21; 111:21; 61:22; 62:2, 3, 6, I S , 18; 63:13; &:I, 3, 8, 114:17, 19; 11S:l; 123:7, 18; I28:I 3; 19; 65:12; 66:2; 67:1, 130:14; 137:11, 13; 2, 3. 5, 8, 11, I S , 18: l 138:2; 14212; 150:4; 70:s;72:19; 73:3, IO: 74:I 0; 755, 7, 8, 16: 161:11 factor [SI 76:6, I I , I 7,20; 723, 38:4; 121:15; 129:7; 13; 78:8, 16: 79:2, 3. I S , 22: 80:3, 13; I55:8, 9 factors [61 83:14, 19; 84:19; 57:16; 88:ll: 93:9; 97:18; 98:4, 9; 99:10. ' 68:4; 71:20; 78:7; 93:lO; 143:20; 154:13 fail [1] 20; 1OO:I, 3, IO, 16: 101:12, 13; 102:3: 122:17 fair [4] 108:8, 9. 12, 13, 19. 20:5; 72:12; 12222; 20; 109:1, 2, 11; 111:2.8; 112:7. 12. 16, 17, 22; 113:2. 14, , I ! 134:12 fairly [SI 2E19; 28:s; 47:l.S; I17. 20; 114:3; 115:13: 122:9; 134:20 j116:16, 17, 19; fall[11 120:13, IS; 123:19; 37:3 1I24:14, 20; I2S:4; 126:3, 5, 7: 1223, 5. 17; 128:6: 129:2, 12: I falls [2] I137.5, 7, 19: 138:7, 1 37:2; 157:15 13; 140:12. 22; f*[ll 143:17; 144:5, 1.5. 16; 62:18 1452, 18; 146:ll; familir [111 148:6, 14; 150:3; JO:JO, 11, 12;51:7; 156:16: 157:6; 160:8 86:7; 98:12, 17, 19; exposures [361 7:18; 14:l; 31:14; 99:l; 103:6; 141:4 families [11 33:10, 16, 18;34:1, 5. IF19 16; 40:17: 6S:16; I family [3] 70:6; 7S:lO. 14; 79:2. 18:7, 8; 5420 8: 80:I 0; 83:I 6; 85:2: fashion [11 110:21; 111:3, 12; 113:6, 22: 114:10, 15; 1 1 72:21 faster [ I ] 121:16: 128:17; 129:17: 133:Z: , 153:6 fat 111 fotlier [4] :;5:5, 12; 56:16 fatigue [ I ] 1'21:15 fatigued [2) 121:22: 1228 fatigues [l) 121:18 fatty [1I 48:14 favor [11 16S:16 feasibility [11 77:22 Federal [2] 52:17,21 feel (21 121:4; 156:19 feet r11 I50:lO fa[31 88:7,IO, 12 field [21 31:14; 33:17 w 151 34:lO; I56:7, 10,IS, I7 [I1 5-6 fmd [25] 219; 8:6; 9:9; Il:& 14, 21; 12:4; 42:13, 22; 58:19; 6S:6; 66:6; 81:21; 82:8; 83:2; 9O:lS; 91.22; 954; %:11; 1125. 9; 115:4; 134:20; 159:4; 160:lO fmding [SI 70:20; 71:2, 18; 116:4, 5 flodings [SI 6S:13; 71:13; 72:4; 78:9: 111:6 fme [6] 59:2; 88:20; 107:12; 153:3. 9; 166:l finer [1] 97:l finger [1] 157:lO fire [l] 142:11 First [SI 78:22: IO8:17; I I6:22; 126:s; I37:4 fmt [1 7 4:4; I4:22; 24:20; 30:16, 20; 31:2; S7:19; 60:2; 75:6; 104:9, 1Z 115:16; 1253; 126:7,IO; 138:13; I 49:4 f i 131 92:19; 143:9, I 1 five [9] 61:18; 67:4, 9; 72:8; 73:P; 103:4; 121:11; 126:2. 3 fiveminute [I j .i8:21 floating ( 2I !00:21: l O I : l , 2 flow 111 143:19 flowed [11 143:l focus 111 98:8 focused [11 102:14 folder [11 152:l fouow [l] 131:l folbw-up [2] 88:22; 89:l folbwing [I] 162:3 folbws [11 4:s forced [ l ] 9212 foreman [3] 118:12, 13, 14 Forget [11 97:16 forget (1I 122:3 forgive [11 127:8 forgot [3] 6:19; 145:IO; I50:6 form [I] I62:2 I formation [11 128:3 forms [11 127:lO forth [1I 61:18 found [SI 11:16; 8213; 89:16; 9O:l; 102:19 foundation I41 109:4; 111:15; llJ:2: 1 137:l founding [11 34:14 four [2] ~ 953; 103:4 ~ I frankly [ l ] S5:21 free [ 1 ] IO1:I 5 frequency [21 I23:2; I30:22 fresh [I] 122:16 front [3j 90:7; 103:17; 104:l full [SI 4:8; 147:8, 9; 148:6. 12 full-time 121 80.5.I I fully [ l ] I63:8 function (21 S1:l: 87:8 functions [t 1 120:l - G- GARABRANT [2] 4:3; 166:6 Garahrant 141 4:9: 119:21; 120:lO: 151:19 Gasoline 121 45-18, 19 gasoline (41 29:20: 30:9: 45:21; 83:4 gave 131 105:s: 119:IT 130:lO g a r [lI 80:6 Gem! 121 98:13; I#:9 generate [1 1 151:15 generating [11 58:11 genetic 121 27:11: 28:19 genetically [ I 1 I5 7:2 Geometric I1 I 86:l geometric [101 81:2; 84:14, 19: 85-15. 17;86:1. 13, 22: 87:l I, 22 Give [ 1) 6:6 give [121 7:lO; 9:4; 1S:IS: 60:20: 68:7; 70:14; 78:2: 84:18; 97::?: 98:20: 145:12: IS3:lj Given [ 1 1 13E15 given 161 79:l. 4: 122:21: 131:5: 149:16: I58:ll gl?;COl [ 11 5:18 goal I21 76:7, 20 goes 131 95:6: 121:I 9: I28:j Goldstein [I] I03:8 Goldstein's [11 I03:6 grab [ I I I48:8 grate [ 11 143:7 grates [ 11 142:11 Great I21 46:9, I O great [2] 27:8: 115:lO greater [21 124:19; 145:4 grossly [ 1 I 86:s ground 131 From explains to ground- 38:14; 134:IO; I S6:3 WOUP [41 5I :2I;77.5; n:3; 131:l guf= [a1 61:lO; 102:3, 18; 109:17; 132:18, 19 Gulf [I] 52:I gum 111 13S:lO guy's [21 77:7, 8 -H- habits 111 129:16 hadn't [11 130:19 hdrn S8:8, 9, IO; 6213; 107:7, 12; 142:7 haif-life [l] 47:14 Handbook [11 161:5 handled [2] 62:9; 140:15 handles [11 5:16 handling [1 I 83:14 handouts [11 162:7 hands [ l ] 152:12 happy V I 12:13; 70:13; 99:s; 107:S; 139:20 hard I21 11:18; S1:17 HARTLEY [70] 4:7; 6-15. 21; 12:21; 13:2; 29:5, 10,12, 18: 30:s; 38:I 7;39:2; 42:17. 21; 43:1, 20; 44:2, 3; 50:Il. 16; S6:17: 57:1, 18; 58:s. 22; 59:4; 61:2. 4; 77:14: 82:2, 7;101:7. 16; 1075, 9, IS; 116:6, 21; Il8:20; 119:19. 22; 120.5, 9, 11; 134:16; 137:2, 21; 140:7; 141:2; 147:17; 149:l; 1 S I : I 7. 20; 152:14, 14; 153:7, IO; I59:8, 11. 13; 161:17; 162:11; 163:2: 164:13. I S , 20; 16S:9, 18. 20; 166:l Hartley 121 4:ll: 165:s haven't [151 15:19: 19:12: 23:3; 36-9:40:14: 43:3; @:I; 106:2: 113:lO; 136:5: 157:19: 161:2: 164:17, 18,20 hazards 161 161.1t: ,62.'',<); 163.8, l:., I i He's 121 S7:iS; ! 5 3 : 1 d t he's [Ul 6:7,9; 52:13, 57.8, 20; 99:8, IS; 1646, 165:5 head 111 @:I9 hePdins PI l6:ZO; 17.5; 19:7 Health [71 1S:I9; 35:18; 52:2; 81:17; 107:18; 108:3; I I2:2 health [2] I61:22: 162-3 heard [l] 164:18 held [l] 33:16 help 131 37:19; S5:l; 149:13 hematologk [11 50:21 hematopoietic [1] 130:9 hemopoietic [4] 30:22; I3O:lT I31:8, 16 here's [1] 131:19 Herman [l] 4:21 high [20] 9:9; 13:11, 13; 25:1, 8, I I ; 40:9, 12; 49:19; S4:6, 11; 64:s;654; 80:4; 81:T 82:lO; 137:s; 146:IS; 149:9; 150:3 h s h w [71 20:19; 66:3; 79:3, 7; 82:13; 86:12, 16 highest [2] 9:II. 14 highlight [2] 134:18; 135-1 hqhlighted (21 134:17; 135-2 Hiroshima [11 1522I history [SI 7:7;63:l; 90:19; 93:13; 129.5 HNU [I] I0:9 HOLLINGSWORTH [MI 6:7, 17; 12:19; 13:l; 29:3, 8. 15; 30:2; 38:13, 21: 42:16, 19: 43:18; 44:l; 50:s; 56:IS; 57:16; 58:1, 20; 76:2; 82:l; 101:s; 116:5; 118:17; 120:7; I34:9; I36:22; 137:20; 140:4; 147:IS; 148:20; 151:16; 152:15; hkd: 158.1; 159::): 1 51:15: 162:9, 21; A W:4,18; '65:4, 11, 19 Hoklingsworth [4] I 96:3; 119:3; 150:lS; I 73:l honest [2] 104:21: 143:lO hour [6] 106:10, 18; 107:7. 12 hourly [3] 78:14; 79:3; 106-3 hours [12] 1045, 20; 105:3, IS, 20; I06:8, 10, I I , 13; 138:15, 16; 14520 human [131 44:6; S0:13; 54:2, 3; 98:2, 3, 4, 6; 101:IS; 140:12, 22; 155-3 humans [3] 28:4; 43:14; 93:7 hundred [l] 145:19 hundreds [2] s0:2; 144:21 hundredths [11 114:12 husband [ l ] 55:4 hydroquinone [2] 127:ll; 128:4 Hygiene [11 81:2 hygiene [1 11 6-10: 7:14, 15, 19, 22; 9:17; 79:8, 14; 113:15; 146:7; 147:2 hygienist [ 11 144:2 hypothesis [SI 64:12, 14; 92:16, 19; 100:19 hypoxic [11 53:5 -1- I'd [21] 12:12; 14:s; 27:7; 31:T 36-13:37:l; 44:20: 45-1;46:7; 57:s; 65:lO: 70:13; 80:9: 92:2; 94.3; 99:4; l00:20; 101:13; 134:6; 153:20: 159:11 I've 147 14:20; 17:13; 22:21; 24:2. 3, 4.5, 9, I I . I S , I 7;26:2; 28:9, 14; 29:16; 30:4; 32:6; 43:11; 51:18; S2:12, 14; 66:16; 68:22; 70:3: 76:16; 905; 93:l; 99:17; 102:18: 103:20: 10S:19: 111:21; 114:12; 117:21: 138:Il: 144:I 7: 159:16; 160:l. 4, 7,8. 12. 17. 18: 161:4: 164:14 idea [l] 104:21 identical [ 2 ] 80:1, 14 identifhtion [11 I09:6 identified [4] 119:21; 120:lO; 151:19; lSS:7 identify [3] 123:4, 6; 157:16 ignore [1] 122:13 11 121 53 immune [11 122:2 implied [ l ] 29:9 imp& I11 48:12 implying [I1 29:6 important [9] 44:21; 47:21; S6:S; 58:11; 69:19; 72:6; 128:12; 155.5; I40:15 impression [I 11 9:7: 41:7; 79:7; 114:9; II7:2: 118:3, 22; 119:ll; 143:4, 6: 144:22 improper [2] 7S:17, 21 in-house [11 160:21 inadequately [2] 88:17; 112:lO incident [1] 13:s include [181 6-12;16:17; 18:l; 45:7, 9, 15, 18. 21; 46:l I , 17: 54:16; 77:4. 9, 17; I 05:3; ll7:22; 118:l: 126:20 included [141 l6:19; 20.5: 31:18; 63:19; 76:l; 77:20; 78:1, 6,9; 83:12; 103:2; 106:ll; 114:13: 118:3 includes [I] 96-1 inconclusive [11 73:6 increase [21 63:21; 131:7 incrensed [ I 2j 74:s; 76:I 9; n:12; 92:14; 95:13; 110:22: 1253; 133:7, 8; 154:15, 16, 19 independent [21 6-1; 66:3 indexed [11 90:4 indicate (41 51:s; 123:l; 124:s; 138:16 indicated [ 5 ) 12:l: 112:12: 118:7. IS; 161:20 indicates [3I 64:17; 65:l; 110:21 indmting (3) 13:4; 65:15: 119:7 indicotion [1 I 97:2 individual [131 18:18; 20:9, 12. 20; 21.6 22; 22:4, 12, 16. 19; 48:17; 55-13: 74:20 individuals 131 22:s; 34:8; 64:l I induced [11 157:2 induction [1J 141:s Industrial [2] 81:2; 84:lO industrial [111 6:lO; 7:13, IS, 19, 22; 9:16; 79:8, 14: I44:2; 147:l; 162:15 Industries [ 11 16-9 industry [2] 49:20; 50:22 inexcusable [1J 77:6 inexplicably [ 1] 109:15 infamous [11 6:15 Infante [3] 15:s; 45:13; 132:21 Infante's [11 16:l inference [1I 38:I5 inform 121 162:4. I7 information 19) 7:lO: 56:6: 86:16: 112:7. 16, 22: 14/:22: 142:l; 150:13 infrequent [1] 80:s initiative [ 1I 158:19 inquiries [ I ] 57:11 inquiry [31 58:12; 66:15: 76:j inside [11 I50:I Insofar [ 11 79:20 instance 121 17:4: 116:17 instances 141 53:4; 116:17: 147:22: IS7:13 Institute 121 31:18; B:2 instructed [ 11 I51:22 intact [ 1I 54:2 From group to intact intend 131 27:2: 46:18; 160:3 intent [11 96:2 intention [11 160:lO intentionally [I1 153:12 interested 141 27:20; 159:17,20, 21 internal [1I 333 interpretation I11 93:9 interpreted [11 119:7 interrogatories 131 130:10, 16: 131:22 interrogatory 131 105.5: 131:6,14 interrupt [ll @:I5 interval [11 95:6 intrigued (11 26:6 invalid [I] 66:12 investigate [1J 56:7 involved (3J 117:19; 119:14; 144:17 iron [ZJ 7.5; 113:21 Irons [I] 120:18 Isocyanide [11 24:7 isocyanide [Z] 23:13: 24:8 iwyanides [11 24:lO issue (201 41:13: 44:5; 49:18; 7 5 5 , 12; 83:15; 1OO:ll. 13; 101:22; 102:17; 125:17; 126:16; 128:21; 134:15; 139:lO; 145:3; 159:20; 160:11, 16; 161:19 issues 181 30:7; 46:14; 56:7; 68:2: 77:22; 88:16: 112:9: 129:11 I h l Y 111 49:21 itemize111 44:18 -J- Jack 111 105-9 James [3] 4:21: 105:ll. 12 Jesse 11 1 105:12 job 151 7:11. 14: 120:l; 161.11, .62.. 2 jobs [ l ] 33:.'6 JOEM [ I I 47:s John 141 4:l A , 20;105:M; 120.412 Johnson I1I 105:11 Johnston [11 105:12 JOM [21 47:6, 8 Journal [41 15:18: 35:18; 47:8; 94:6 journal [3] 88:20.21; I I1:20 judgment [1I 63:18 July 1I 32:6 juncture [11 152:21 jury 121 I37:I 0, I 3 justify [l] 76:17 -K- keep [91 66:19; 67:3; 72:16; 103:I 7; 106:22; l07:2, 13; 122:3; 151:7 keeping [I1 41:ll Kenny [3] 15-7; 19:12; 96:lO ke?,m 89:15, 18; 90:3, 6, 8, 9. I1 kidneys [11 47:13 kill 121 53:4. 9 kinetics [11 48:9 knowing I21 127:8; 151:2 knowledge [SI 29:16; 37:6, IS;39:9; 41:16: 155:14. 22; 156:2, 5 Kyle 131 105:lO; 118:12; 147:19 -L- lab [11 54:3 laboratory 131 26:15; 53:18; 101:14 Lack [ I ] 136:22 lack 121 39:6: 78:18 lacking 141 112:13, 15, 19; 1 @:f2 lirge 141 6!9:5. 10; 715:13; 1 ,@:I1 hrgely [3] dl:7: 49:19: 56:9 larger [Z] 87:4 Last [1I I6:4 last [4J 16:3; 28:11. 13; 58:13 latency 191 19:4; 41:3; 45:4; 6 1 : ~1; 2 4 : l~a: 125:I 0: 126:4. 9 Lavender 1261 4:12; 7:ll;38:2; 61:6; 74:20; 75.5, 7; 76:8, 19; 773, 12; 88:15; 93:13; 117:ll; 119:12; 128:14; 136:18; 137:6, 11; 144:12; 145:6; 154:7;. 157:14; 160:8; 161:lO; 162.5 Lavender's 1291 4:20; I I :9; 27:16; 36:17; 37:20; 39:c 40:4; 42:15; 75:2, 16; 77:I; 90:18; 93:4; 105:13; 113:13; 116:14: 119:8; 128:21; 129:4; 137:17; 138:7; 145:l; 146:22; 151:9; 154:4; 155:7; 161:21. 22; 163:14 law 111 148:lO lawyer 111 162:13 layman's [1J 85:20 lead 131 66.20: 92:13; 111:18 leads [ll 108:17 leather 12) 32:13, 14 leave [ l ] 152:22 leaving [1 I 122:lO ledger [1 1 107:2 Lee I11 89.5 legal 121 162:10,22 legend [11 5:2 LeMasters 141 105:Il; 118:ll; 136:5. 13 LeMwters's [1 1 136:2 length [I] 121:16 Let's [101 63:5; 82:8: 91:18: `27:15; 98:2: 107 13, .'6; ll9:19: 147:18; 149:2 let's [31 14:22; 137:lO. 13 letter 111 104:lO Leukemia [11 /08:6 leukemia [159] 13:18, 21; 14:3, 7, 9, 12, 18, 21; 16:15, 18, 20. 22; 17:6, 16, 19; 18:3; 19:2, 7,8, 14; 20:IO: 22:l. 9; 27:18, 22; 28:4; 30:6, 18; 33:19: 34:9, 11: 37.5, 21; 38:4; 39:8, 12; 4&4, 9, 18, 20. 21; 41:l. 2, 6, 9: 42:15; 44:6; 51:22; 54:20; 554, 6, 11, 21: 57:15; 59:lS; 61:13, 21: 625, 11, 14, 16, 20; 63:2, 9, 22; &:2. 4, 5, 6, 9, 13, 18; 67:1, 19; 703; 72:19; 73:4: 74:3, 11, 14. 16; 75-11, 14, I S , 16: 76:6, 9, 12; 77:3; 78:7;83:I 7: 89:4, 14, 17, 20, 21; 903, 12, 20; 91:l. 4, 7. 9; 93:4, 7, I I, 22; 94:8: 95:4, 8, 17, 18, 19: 96.3, 7, 16, 18; 97:1, 11: 98:8, 11, 17; 99:ll; 100:17; 102:2, 15. 17: 103:3: 108:lO: 110:22: 111:6, 12; 124:13. 19; 1253; 129:l: 130:2. 4; 133.5, 13. 15: 137:18: 138:s. 21; 154:4, 6 , I?. 20. 21; 155:8, 10, 18: lj6:I 7: 157:2, 8. 12. 16: 159:22 leukemias 141 17:12, 20; 18:13: 66:l I leukemogen [1 1 92:13 leukemogenic [?I 21:l; 128:2 leukemogens [ 1 1 92:lO leukopenia [4] 25:16, 18; 35:20: 159:18 level [401 13:11, 17, 20: 20:19; 4223; 49:10, 13. 14, 15; 50.5; 64:3. 8: 79:15: 83:13. 16: 93:14; 97:lS: 98:s: 99:lO: 108:19. 20: 109:1, 2: 111:2, 12: 113:s; 114:19: 115:ll: 116:lO. 16. 17; 121:4: 122:12. 13; 123:14: 148:19: 150:20 levels (31 I 12:l: 20:17: 25:8. 11: 40:10,12: 44:s: 50:1. 22; 54:1I ;58:I 6; 79:22; 80:4: 93:9: 98:9; I13:2. 17. 20: 114:3, 16, 18, 21: 115:1, 19; 123:19: 129:2; 137:5. 8: 1445; 150:9 Library I1 I 9o:lO life 111 151:9 lifetime I31 108:9. 13: 111:8 light I31 11:9: 61:16: 128:13 liked [l] 87:lO likewiqe [ 11 12:4 limit 16) lO:l, 4; 66:2: 97:21: 113:19; 147:11 Limited I1 1 52:l limited 111 37:15 limits (2) 94:lO: 98:l line [Z] 15:19: 109:16 linear 111 133.9 lines I31 25:22; 26:18: 54:j lipophilic [ 1 I 48:13 Ibt [ 161 4:15: 6:18: 19:18. 20: 35:14: 53:I I: 93:2I : 103:14: 105:s: 118:lO; 12O:I: 153:17: 154:l: 159:lO. 14: 16S:13 listed 141 70:3: 119:17: 13l:l.S: 152:8 Iktening I1I 37:14 listing 131 103:19, 21: 117:17 literature [Sjl 10:14; 13:22: 15:ll: 16:3;21:10. 11. 13. 15. 17, 21: 26:14: 27:8, 11; 28:9. 12. 14. 16. 19; 30:j: 34:20: 36:4; 37:?. 9: 38:6. 9. 11, 20:39:10. 14. 20: 40:8, 11. 14. I S . 16: 41:8, 17: 44:7: 46:14: 48:8: 49:lS: 50:4. 7. 13. I S , 17: 5 1 : I S . 20: 54:10, 14. 16: 5.S:I.S: 64:17, 22: 65:3. 18: 6623; 67:7: 72:lO: 75.9. 13: 76:14: 89:14: 96:3. 6: 97.4. From intend to literature 103:lO. 11, 19: 105:4: man 141 124:17: 125:2; 61:X; &l:4 !' 6 132:lO: 156:20; manage [ 1I I60:3, I4 53:J 7 litigation [61 management (21 23:15: 24:1, 3, 6, 8, 12 118:7; 119:6 manager I1I living [Z] 53:19; 54:2 I39:7 ' manner [41 loeotioas [21 7:17; 8O:l ` 56:l; 865; 97:12: 155:l log 111 117:15 -p 5-9, 19, 20, 22; 6:3, [21 81:20; 109:22 22; 7:2 March (11 looh [21 109:14: 111:l 52:15 mark [JI I11 156:4 119:19; 151:10, 12, 17; 1652 lot (41 marked 121 52:13; 87:9; 88:16; 16:lO; 69:3 164:ll marker [51 be 131 24:15; 91:12; 142:14 101:17, 19; 102:4, 9, I3 low [20] markers [31 34:13; 40:12; 42:8; 102:3, 16; 103:7 #:8; 50:21; 62:2; marrow [121 64:3; 70:20; 83:13, 24:19, 22; 2 9 8 , 10; 16: 111:7, 12; 113.5: 41:2; 48:6, 22; 49:10, 114:18. 21; 115:2; 16; 50:6; 51:l; 54.5 123:15, 19; 145-22; Marshall [I1 146:13 137:IO lower [3] I1:6; 20:17: 50.5 b r y I21 16:8; 28:17 lowest151 Massachusetts [I] 9:21, 22: I0:I. 12; 32:lS 11:4 material (41 lunch [ 11 105:15, 20: 122:20; I07:5 lymphatic I31 123:15 materialized I1I 130:16: 131:8, I S 126:lO lymph0 [I1 130:8 materials [SI 103:22; 128:ll; lymphocytes [31 129:15; 143:5, 8 99:19, 22; 100:7 matter [SI lymphocytic [ l ] 36:6; 43:22; 47:16; I00:4 67:4; 140:20; 143:14 Lymphocytopenia [11 100:8 May [21 16:2I; 41:14 lymphocytopenia (21 McCunney [11 100:9: 159:19 lymphoma [1I 161:6 McDonald [41 89:4 98:12, 13, 22; 160:9 - 1M - MDI [51 23:11, 12, 20; 24:3 magnetic [11 31:14 magnitude [ 11 75:I 1 main [ I ] 86:16 major 121 39:17: 46:12 majority [SI 88:6; 154:5; 157:13, 15 Maltoai [?I 99:lO: 160:12 mean [421 8:22; 9:11, 18: 11:12; 13:13; 18:2: 20:12, 14; 21:3; 22:7, 11; 23:5; 25:3; 435; 56:11; 57:12; 59:lS; 69:21: 81:2; 84:14, 19:M:15, 17:86:1, 5, 6 , 7. 11, 13. 18, 21, 23:87:11. 12, 22; 88:9: 96:14; 102r4, 6; 108:14; 144:6 meaning [21 63:14: I 0 I : I O I !11:/8: 14!):7,10 mwns IIO] I 7:2O: 18:12; 44:4, TI:8: 85:20: 86:2; 137:3: 161:18; 162:12 meant I21 22:8;-88:13 mensure [ l l 86:lO measured [11 115:2 measurement [ZI 50:l; 148:l measurements [14] 85:18, 19, 21; 86:8, 9; 88:7, 12; I I4:20; 115:B; 1#:18, 21; 146:7: 148:14 mechanism [11 40:3 mechanisms [A 25:4; 28:3,20; 40:8, 18; 159:22 mechanistic [ZI 41:5, 9 medii1 [7l 98:6; 100:6: 129:14, 16; 137:16; 155:ll; I62:16 Medicine [3] 47:9; 90:lO; 161:s medicine [3] I61:l; 162:17; 163:4 Medline [9] 89:10, 13, 18; 9O:l. 8, 9; 92:4; I02:I I ; 105:16 meet [4l 72:I 6; 75122; I06:3. 6 meetings [11 162:7 Mehlman [11 105:7 member [l] 18:8 members [ l ] 77:s memo [J] II5:17, 20. 21; 116:l memory [11 23:9 mental [31 9:14; 138:ll; 145:11 mention [2] 6:9, 10 mentioned [1I 54:I 9 metabolic [2] 47:21; I27:6 metabolism [2] 127:6; 128:l metabolites [2] 49:8; I28:3 metabolized [11 47:12 meter 112) 83:20: 84:21: 85:4. 6 , 8;87:10, 14, 17:88:1, 8: 109:7: 11O:lO rocdhod 131 121:19 .'0:6; 63:17: 66:r 7 mischuructerizes [ 1 I rotdhods [ 21 161:16 ."0:7;132:13 misinterpret [ 1 I Mnchael [21 11:11 92:9; 94:17 Missed [ I ] Michigan I31 16:6 ,`20:21; 121:2 missed 111 Middle-aged [ I1 15-15 61:9 middle-aged [1I missiig [1 1 33:lO 61:12 Misstates 111 mile [11 137:I 142:7 mistake [11 Miles [I61 153:14 11:9; 27:16; 120:2; mistaking [ 11 130:lO; 141:3, IO; 94:20 143:16; 144:14, 22; MNB 1151 147:13; 158:3: 8:20; 12:lO: 13.5: 161:11, 20: 162:2; 29:22: I 13:I 7; 163:12, 16 123:18, 20: 124:2: Miles's [11 136:3; 138:16; 158:3 141:18; 142:s: milligram I11 147:13, 21: 149:22 88:2 Mobay [lSl milligrams [141 5.5: 7:12: 8:3. 11: 83:20: 8420: 85:3, 6, 10:7; 77:2, 16. 17: 8; 87:lO. 14, 17; 88:1, 78:14, 17: 79:9, 20: 2, 8; 109:7; 110:9 116:19; 117:I. 4; millimeter [1 I 130:4; 138:7; 149:21 83:21 model [2] million [ 1181 26:17 I0:3; I1:3; 1 2 ~ 37. ; modest [7] 13:6; 14:2, 5 . 6: 19:3; 27:I 9; 55:20: 63:2I : #:I 7;42:13: 43:17; 66:22: 67:18: 95:12. 45:3: 50:3; 59:21: 15 60:3, 5, 8, 10. 14, 17; molecular [1 1 61:14, 17; 62:?1, 22: 27:11 63:6; 64:4, 5. 6.13, molecule [SI 20; 65:2, 9; 66:9: 101:3, 5, 9. 11. I J 67:16, 17: 72:l I : moment [ 1 I 73:3, 4, 6, 13. 14, IS; lS2:13 74:2, 6 , 10. 13. 18; monitoring [ 161 75:2, 19, 20: 76:11: 6:12: 8:6. 19; 9:17: 79:9: 80:17. 21: SI:3: I I : 9 . 13: 12:lS. 17: 82:6, 9; 84:l. 4. 16, 13:5. 7. 9: 11S:4: 22; 8S:5, 7, I?: 93:5. 1405: 144:13: 147:2. I O , 14; 98:10, 16: 20 99:11; 107:20: 108:7. monocytic I231 8, 12; 109:ll. 18. 21; 14:7, 9, 18; 16:18. 22: 11O:lS. 19: ll3:20: 17:6. 21; 18:2. 3: 114:4, 5 . 13, 22: 19:14; 27:18: 37:21: 115:6, 18; 116:6: 39:8; 42:15; 57:IS: I21:8; 123:14: 133:7, 90:20; 9S:17, 22; 9; 136:17; 137:s. 14; %:I, 4, 7, 16: 137:18 138:I 0, 18, I 9: 1458, mononitrated 141 16. 17. 21: 146:l. 3, I IS: 7; I23:8: 135;7: 4, 9, 10, 14; 147:4, 5, 136:8 8; 148:4: 149:5: mononitrobenzene 11] 160:18 MILNAMOW [1I 123:12 Montgomery 121 61:l I6:8; 28:17 Milnamow [ 11 months [101 106:4 59:21; 60:3: 67:17: mind [I] 73:j. 14; 74:2. 10, 13: 97:16 98:16; 104:19 mine [2) mortality [SI 142:17; 151:5 minute [11 32:13. 14: 67:ll. 14: 126:l I 109:14 minutes [ 1I mother 131 55:?. 10: 56:16 - From litigation to mother motives [ I I II.t.1 I : 5: 4 5 ; 90.I I ; 92: ' 6 ; Il'ered [ 1 I ,utlying I21 82:14 move (21 iierve [ 1 I 122.6 !j$:l.?;94:j: 99:I.S. , ~ 7 io:9:10, 13, 20: .'64:9 rllhand I!;] 87.-2,3 Outside [1 ] . 21:8: 82:17 NIEHS]!:i I 10:9, 14, IS; 121:13; .r7:22: j0:19: SI 2, 154:16 moved 121 98:22; .'60:9 i .$0:22: 145:IZ; !0;52;12, I.!; 54:IH. outside [I] 86:22; 14S:I 5 nine [ 11 i48:lI: 155:s; 145.2, 22 102:lO MS [I1 94.9 5- )ttice [1I overall [1 I 61:l NIOSH [5] numbers [9] !01:2 56-2 Ms ill 51:21; 65:6, 7: 66:3; i 1.5; 32:18: 855; Dh [21 overbroad [1 I 106:4 MSDS [l] 160:2 nitrating I21 88:IO: 93:2: I09:6; 110:18: 112:17 47:19; 82:19 D h Y [SI 134:lO overnight [1I 161:12 MSDSs [31 128:15 nitrobenzene [l I -0- 6:6; 11:22; 41:21; 45:s; 70:16; 117:21; 122:lO oxide (21 161:12,21; 163:13 multiple [11 155:4 multiplicative 121 132:12, 14 multiplicatively [11 132:2 multiply [21 85-21: 132:7 Mutagenic [ll 26-11 mutagenic 141 26:8, 16: 35:21; 159:21 mutagenicity [11 26-20 mutation [2] 101:3, 9 myelocytic [11 18:13 myelogenous [8] 16:14, 18.20; I7:IC 19:1,8; 59:18; 64:18 myeloid [A 9423; 95:4, 18, 19; %:18; 97:1, 11 myelotoxic [31 24:21; S5:14: 129:8 Myers (21 105:13; 139:6 myriad [11 22:16 myself [ 11 144:l -N- Nace [31 15:l; 19:ll; 28:18 Nagasaki [ 1 1 156:l Name [11 I7:22 name [4] 4:8, IO; 18:l; 160:12 names [2] 54:18; 165-12 naming [1] I35:15 National [11 9o:lO nature [ 11 55:14 needs 131 4:16: is;4 5 3 neglected [11 6:9 negliible [11 7:2 nitrosamines I11 92:I I noncausal 111 71:4 nonetheless [11 145:s nonincluded 111 78:3 nonlinear [2] 133:3, 10 nonscientifii [2] 56:9; 58:4 nonsignifrant [21 73:2; 74:9 noastatistically [11 71:17 nonsystematic 111 36:8 noon [l] 107:11 normal [11 142s North [ll 7:4- north [2] 7:1,S nose I31 122:7, 16: I36:9 note [2] 9:14; 26:22 notebooks [1 1 16S:2I notes [8] 9:16, 18, 20; 134:7; 151:8; 152:2, 6: 157:21 notice [SI 12:8; S1:8; 84:14: IM:l5; 139:6 noticed [11 123:19 notion 111 21:22 November [l] 32.3 nth [21 85:19, 22 Number I21 31:17; &:I5 number [SO] 7:16: 8:2, 12; 10:17; 28:15; 32:16: 33:7; I 47:15; 49:17; 50~20; 60:2, 7 , 9, 11, 16; 61:S, 13; 63:s; 66:IO. I I ; 70:2; 75:21, 22; 84:18; 85:14, IS: Object [11 44: 1 object [SI 38:13: 42:16; 50:s; 58:l; 118:17; 134:9: 162:2I; 1@:4 Objection [SI 29:3; 30:2; 57:16; 76:2; 136-22;147:15; 161:lS; 1629 objection [3] 29:IS: 137:20; 162:22 obligation [l] 162:4 observations 111 133:lO observe [11 101:11 observed [l] 70:19 obtained [11 112:16 OecaSiOn [l] 52:9 occasional (2) 12:6; 114:21 occasions [11 28:IS Occupational (21 47:9: 1613 occupational [SI 160:20: I6l:l; 162:16, 17; 163:4 occupations (21 31:15; 34:5 occur [SI 25:2; 62:17; 121:20; 123:2; 130:21 occurred [1 11 12:lO; 13:4; 62:1, 8; 67:lO; 70:21;80:s; 108:6, 10: 118:lS; 136:18 occurrences [2] 80:11; 147:3 occurs [11 128:2 October [1I 104:12 odds [11 94: 7 odor [ I 11 80:lS; 81:4, 12; 82.5, 12; 121:6. 13; 123:8. 13; 124:lO; 134:4 odors (2) 135:3, 5 I65:19: 146-1 Dkw PI 7:6; 35:7;44:2; 82:17 old [4] 41:21, 22: 61:6: 127:20 DOCS [14] 45:l. 2, 14; 46:12; 63:1S, 16; 66:18, 19; 69:17; 74:22; 125:s: 132:17; 153:17, 18 open WJ 34:20; 51:20; 140:14; 143.5; lS0:9; 160:2 operated [1I 143:15 operates [ll I32:2 operators [l I 139:l opinion [A21 14:14; 17:lO; 36:16; 39:s. 9; 43:12; 4.52; 48:16: 59:13; 62:lO; 72:ll: 75:19; 76:10, 13; 80:16; 87x5; 89:9; 122:19: 124:13; 128:20: 132:3, 8; 13S:13. 14; 137.-16; 138:6, 13, 13; 144:3; 148:17; 154:3, 5; 156:16: 158:11, 13. 15; 159:4; 162:4: 163:19: 164:8, 16 opinions [SI 7:8; 134:4, 13; 163:22: 164:9 organism [ll 141:8 original [3] 41:17; 97:6, 9 originated [ 1 I 142:22 OSHA (81 13:14; 5 2 8 , 11, 14, 19; 148:19; 142:13; 163:2 I osmotically [11 S3:11 ott ~ 3 1 458; 44:18; 58:14, 17: S9:C. 13; 72:9: 75:18; 76.-4.12; 97:15; 125:13. I4 ought [1] 141:14 outcome 121 97:19. 20 7:s; 113:21 -P- P-a+h-ts-r [1 1 10S:8 po-~-Y*l[21 S:10, I5 P-r-z-y-b-y-s-z [ I ] I0S:S p.m. [11 166:2 Pachter [ 11 1OS:8 pack-year [11 93313 Page [21 69:3; I11:6 page [lo1 15:19; 32:1, 2: 82:l I. 84:11; 88:3; 94:7: 108:3; 1352: 152s pages VI 16:7, IO;825: 94:7: 134:17, IS;I53:2 Palo [I1 35:IO pancytopenia IS] 25:12. 17, 19: 3S:20: 54:12: 100:3. IO: 159:19 paper 1201 33:6: 63:21: 66:21: 74:4, 14: 81:19: 88:17. 19: 107:4: 109:4; 110:21: 1 1 1 : l . 16; 112:15. 20. 21: 113:3, 4; 151:6: 159:15 papers [2] I S3:5; 165.3 parent [ 11 49: 7 parents [11 157:l Parmer [I] 105:7 Part [ 1 1 56:2 Part I121 12:3; 20:IO;25:i 7; 29:20: 37:2: 40:17: 65:9; 79:9; I I4:5: 146:9: 163:l-+ partial [ 11 103:19 pilrts [ 1121 10:3: 11:3: 12:7: From motives to parts 17; 62:21, 22: 63:6; 64:3. 4, 6 , 13, 20; 65:1, 8: 66:9: 67:16. 17; 72:11; 73:3, 4, 6, 12*14, 15; 74:2. 6, 10, 12, 18; 75:1, 19. 20; 76-11;80:16,2I; 81:3; 82.4, 9; 84:1, 4, 16, 22; 85:4, 7, 12; 93.5, IO, 14; 98:9,16; 99:ll; 107:20; 108:7, 8 , 11, 12; 109:11, 18, 21; 110:15, 18; 113:19; 114:4, 12, 22; 115:6, 1 7 116:6; 121:7: 123:14; 133:7, 9; 136:17; 137:8, 14; 138:9, 18, 19; 145:7, 16, 17, 21; 146:i. 2, 4. IO, 14; 147:4, 5. 8; 148:4; 1493; 160:18 pIlss [I1 63:18 pathway [61 127x5, 10, 12; 128:1, 3, 4 pathways I1I 47:21 pernPI 63:11; 76:6 Paul [11 1059 Paustenbach's [I1 8E11 Paxton [21 45:lO: 132:18 F k (21 146:16, 19 peaks [21 147:4; 148:15 peer 181 33:3, 6, IO; 88:19, 20; 111:19, 21, 22 peers Ill 77:I people I34J 20:15, 16; 21:2; 33:16; 44:IS;53:19, 21; 54:lO; 56-7; 65:11,17; 77:7; 78:14, 17; 79:4, 15: 805. I l ; 82:15; 91:13; 111.-3;119.6; 123:3, 17, 20; 126:2; 130:4: 131:l; 1355. 15: 136-12; 140:16 People's [11 121:13 peopie's [11 20:22 percent [91 84:22; 85:I I ; 87:4. 5, 16: 88:1, 9,I I ; 9 5 5 perceptions [11 156:13 perform I11 158:8 131:2; /38:ld, I S peripheral [1J 44:s permits [ I ] 39:14 Person 141 20:18; 124.5. 9: 16o:lO Pemml[51 8:1, 9, I I ; 81:IO; 129:16 p e w n a b 111 120:16 Perspectives [41 81:18; 10218: 108:3; I I2:2 pertinent 111 45:l petrochemical [l] 83:I 0 petroleum 131 4522; 83:13, 15 phenol [3] 47:12, 22; 127:11 phone [l] 35:9 phosgene I 11 161:12 physical I11 143:18 physically [11 53:lO physician [3] 160:21; I62:16 physicians [2] 120:20; 121:l pick PI 63:15: 72:15; 74:21; 77:7 picked [ I ] 89:22 picture [2] 56:2: IO8:22 piece [21 56-4: 159:15 pieces I11 I07:4 pipe 121 142:lO; 143:8 pipeline [ I ] 83:11 place 141 39:12; 57:13, 21; 122:15 places (11 10:21 planet [I1 38:22 plant I231 5: 7, 9, 15, 19: 6-8,7:I 7:8:4, 12; IO: 7; 77:13; 79:9; 113:16; 114:lO; 116:ZO; 1I7:1, 19; 130:3, 5; 138:Z 141:iO: I42:21: 143:2: 149:22 plane I31 2 . .'l.h" 2 plrtusibility [:!I 2 7:21: 28:l pluusible [2] 92:16, 17 P ~ 1Y31 23:1; 56.5; 58:lO 128:22 PhYS 1I 27:19 Pliofrlm [I] 45:12 p h f h [2] 46:12; 81:13 PIUS [21 153:19; 154:l P M R [21 573; I26:22 point [ I l l 5:8. 22; 48:9; 50:18; 126:14, 15, 17.22; 133.6, 18; 1527 points 111 91:3 polyethers I11 5:18 polymers 111 5:I7 polYOl[21 5-10, 14 POIYO~S [41 5:17, 21; 7:3. 4 pool 111 141:8 Pooled [21 94:7; 95:4 poor [21 122:1, 2 population [SI 61:22; 62:6, 17; 67:ll; 130:22 portion [31 59:5; 125:/9; 142.4 positive [6] 69:16, 20, 22; 70:4, 7, 8 positively [I 1 68:lO postulated [11 150:13 postulates 11I 92:lO potential (11 79:3 pounds I161 139:12. 17; 140:l. 8, 17, 18. 19;141:17; 148:17, 20; 149:2, 4, 6; 1502, 8 Power [2] 31:17: 33:2 pow- [21 44:lO; 85:lP PPM [21 11:5; 146:14 practice I31 56:21; I0I:P; 162:17 precise [I 1 97:14 precision [1] .'45:4 ~il'rdictII I .`42:16 predictahie [ I i3O:22 preparation [SI 17:12: 28:6: 37:16: 99:IT 127:lS prepare [2] 24:13; 51:6 prepared [4] 4:15; 24:16, 17: ll7:4 preparing [ I ] 158:4 presence [1j 129:l present [81 72:22; 915; 92:11; 119:12, 14; 163:16, IT 165:7 Presented PI 86:12; 108:19 P~esUPpOse[f11 155:I pretty I11 149:9 prevalence [I j 34:12 primarity [11 115:l principal [1 ] 46:15 principle [11 121:17 printout [21 I I7:15, I7 prior 141 29.2; 93:19; I06:14; 141:7 probability [3J 70:21; 87:T 137:17 problems [2] 25-9; 112:11 Proceed 111 134:15 proceeds 111 38:I4 process [8] 1l:lO; 20:16, 18, 19: 2922; 141:3, 5; 160:17 P m e s s e 131 78:3; 98.4; I62:8 producing [11 83:11 product (51 85:18; 86-1; 145:21; 146:12, 13 products [11 83:I5 Progress 111 41:12 prolonged [ I ] 40:I 0 pronounce [I I 26:l I properly 11 116:lO proportion I41 47.20: 48.5,IO. 12 proposition [1I 100:21 protect [ I 1 79:l protection [1I 79:4 protective 141 79:16, 21; 80:6, 12 provide 121 43:9; 74:15 provided 161 32:T 78:12; 129:15: 149:15; 158:14 providing [ 1] 163:13 R y b y s z (11 105-7 publieations [1] 35:11 publish L1 J 33.5 published 1191 128,-31:21, 22; 33:4; 34:19; 36-12; 45-9, 16; 47.5: 51:20; 52:17; 57:?, 9; 81.5; 91:s; 93:l; 99:2: 112:l: 16o:Il Pull 121 51:3: 59.5 pulled [11 59s purchased [11 35:8 pure [IO] 29:1, 4, 7, 13. 17, 19: 30:l. 4: 83:7, 8 purely [ 11 I62:15 purposes 181 23:16; 24:I. 3. 8. 12; 42:17; I48:7. 9 Putting [ 1I 119:lO puzzle I1 1 56:4 quality [ 1j 9:3 Quantity [ 11 9:3 Quantitywbe [ I I 9:I quarreh [ 11 134:2 Question (31 17:16, 18, 22 questbn I411 8.5: 11:12; 17:lO: 18:ll; 22:7; 26:lO: 29:9: 38:14; 39:4: 44:14, 16: 48:19: 50:9: 55:16; 57:7: 66:I 7: 6 9 3 , 21: 75:4. 22: 83:8; 87:15: 96:2: 102:5: 110:17: 118:21; I23:22: 134:lO. 12: 140:5. 11: 149:8, I I . 13: 150:S: 154:22: 155:l: 163:J. From pass to question 6; 1 W 5 . 13 questionable 151 56:9, 14: 57:19; 58:4; 89:lO questions 151 55:22; 63:18; @:6; 78:2I quicker I21 55:ll; 153:8 quickly [I] 55:4 -R- radmtion (21 15515, 17 radioactive [11 92:13 ran I11 142:21 range 121) 10:3; 12:2, R 13:8, 10; 14:3, 6;40:18; 64:19; 80:22; 88:l. 7, 12; 121:7, 14; 1452, 15, 17, 19; 1468; 147:4 ranging 111 101:15 rapidly [21 121:18; 122:9 rare [11 145:16 Rarefy 111 71:21 rarely (31 80:13; 116:15; 147:2 rate [31 79:2; I04:3; 143:19 rates 131 62:6; 67:12; 131:5 ratio I 1 1 94:8 Ray 111 118:11 Raymond 11I 105:I 1 reach 121 49.5: 63:4 read [27 15-22:20:6; 28:9, 12. 13; 41:ll; 52:12, 14, 20; 69:13; 99:14, I S , 16, 17: 103:lO; 10S:19. 20; 128:lO; 133:19: 137:9; 143:s: 144:9, 10; 157:21; 159:ll; 161:9; 165:l reading I61 80:6: I05:I 9, 22; 108:17: I23:3: 143:7 red 141 72:7: 144:20; 148:13; 163:9 realize [ 11 165:14 reanulysiq [ 1] 46:1 1 reewn [A 39:17: #:8: 62:12, 13: 77:19: 83112; 91:6 137.4; .'54:6 recall [43I 8:9: 9:21~22, 11.5; 12:12; i3:7, 8, 9; 15:IO. 21; 19:17; 22.91; 23:8, 12; 24:2. 14; 28:13; 32:21; 43:11; 47:22; 52:12, 13; 54:17, 20; 55:7; 68:21; 81:14: 93:2; 97.5; I03:2, 3; 106:20; 115:8; I 1793; I18:9; 119:13; 125-16; 128:9; 134:19; 139:10, 13, 19; 143:7 received [31 104:15; 139:12, 22 recent [11 111:9 recently [21 6:13; 152:7 Recess [2] 59:3; 107:14 recognize [31 122:3, 17: 135:20 recollect 111 55:l recollection [191 6:2, 4; 10:19; 13:3; 14:20; 19:lS; 23:14, 19: 27:9; 30:12, 15; 34:12: 96-22: 104:12; 121:6; 133:17; I42:20; 145-14; 161:19 recollections [11 163:21 Record [11 117:4 record [I 11 69:13; 107:18; 117:9; 119:4; 147:13, 16. 20: 152:19; 159:12; 161:I 6; 165:3 recorded [21 118:8. 16 records [lo1 24.5, 11; 116:14; 119:8; 123:1, 3; 129:14: 138:16: I45:18; 146-22 reduce [2] 25:19: 128.5 reductions [11 2521 reestablish [ I ] 122:Il reevaluated [21 45:13: 65:I 7 reevaluation [11 15:7 reexamined 121 65:lI; 125:16 refer [2] 69:16: 107:19 reference 121 103:17: 12,":20 dkrred [11 0:l I *eferring[17] i1:2: 49:12: 50:9. 11; 6.7.-7;73:Il: 81:4; 89.2; 925; 9&:20; 115:9, 21; II6:2; 140:6; 14.32; 151:7; 153:5 refineries Ill 46:8 refmery 141 4520, 22; 83:4, 9 refresh [3] 6:3; 23:9; 121.5 refute 141 136:1, 4. 12, 15 regard (61 36-4;55:l 9: 56:9; 113:7; 122:14; 148:13 regarding [21 7:ll; 130:2 regardless [11 20:17 Register [2] 52:I 7,21 regular [1 ) 80:8 regulations 131 I62:14; 163:10, 21 relate 121 7:17; #:16 related [7l 14:15; 16:22; 18:3; 27:lO: 38:19: 55:IO; 102:17 relates [3] 20:lO; 37:lO; 70:18 relating [1 1 66:12 relationship [141 27:15; 33:18; 34:2, 7; 37:13, 20; 44:13; 64:7; 66:13; 68.3,18; 133:4, 11; 156:21 relative (41 61:lO; 93:22; 95:5, 12 relatively [4] 14:13; 55:20: 62:2; 111:7 release [I] I50:2 released [21 29:21; 150:21 releases 12) I50:I 4, I5 relevance [10) 37:9: 43:16; 57:20: 88:4; 94:18; I I5:3; 124:3, 6; 140:12, 22 relevant [161 8:3, 13: 11:16, 21: 32:20; 36-22; 42:14: 43:13. 14: 83:15; 94:14; 96:3: 126:16; 144:12: 145:6: 16O:Il .i6:IO, 14; 5:':7: Y8.8.J wiable [IO] 56:l; 55:14, IS: 66:20; 76:18: 88.18: l11:18: 113:9; J26:21: 148:13 reliably 151 123:4, 6 . 20; I35:20; 151:2 relied (21 7:lO; 165-6 reluctant [I 1 57:lO rely [lo] 7:7: 12:17; 36:14: 50:17: 71:9; 79:11, 13; 132:20; 144:3,6 d y i n g 111 119:16 remain 111 48:6 remained [I] 88:16 remember [12] 15:1, 5. 6; 245. 16; 26:16; 90:12, 13: 104:16; 139:3, 9, I 1 removed [51 47:10, 17; 48:17; 141:7; 142:12 repeat I11 39:4 rephrase [41 8:s; 20:21; 112:20; 131:ll report (51 31:13; 33:8; 51:22: 56:16; 111:9 reported 121 58:17; 64:3 reports 1171 24:13; 27:9: 49:21, 22; 55:19; 56:3. 5, 8. 17, 19, 20;57:10; 58:3; 94:21: 95:1, 16: 126-21 represent [SI 86.5: 116:lO; 1185, 11, 21; 144:l; 148:12, 16 representation 111 66:6 representing [1 I 21:18 requirement 131 67:22; 69:7,-162:22 requirement9 [1 I 132:22 requires [1I 72:l I rereview 121 81:13; 144:lO Research [2] 31:17; 33:2 research [31 83:lO; 101:21: 105:4 respect I 1I 97:19 respirators 131 78:12: 82:17: 162:6 apiratory 141 79:16, 21: 80:s. 12 Besponse [3I 54:12; 133:4. 11 -eaponsihility [ 1] 163:14 *esponsihle121 161:22: 163:20 .esponsive [ 11 81:IS a t s 111 46:16 mesuit [3I 88:18; 98:4; 154:13 Resu!ting [11 12T7 results 151 9:17; 88:18; 108:20: 112:21; 148:l retained 121 48:13, 14 return [I] 165:16 review (341 6:15; 9:lO; 27:2. II: 28:5. 6 . 16; 30:5: 33.5, 11; 35:21: ;16:?: 37:16; 39:14: 40:8: 41:13, 15: 51:4. 9: 63:IO; 72:10: 8S:2I: 96:12; 995: 103:ll; I05:4; I 1 1:21, 22: I22:20; I25:14: 127:15; 157:lS: 160:17; 161:13 reviewed (43) 4:13, 16: 7:15. 22: 11:13; 19:12. 19: 23:15, 22: 242. 4. 7. 9, I I ; 28:8: 33:3. 6: 40:14; 41:8. 10: 432. 8; 44:17;50:4: 51:5: 52:7, 10: ?0:3: 88:19: 103:14, 22: 105:IS: 111:19: 112:3: 118:6. IO: 120:4: 127:9: 129:14; 134:21: 152:4, 7; 161:14 reviewing 151 114:9; 134:Il: 159:18, 20. 21 Reviews II 1 92:7 Rght [I] 73:15 right [ 151 53:21; 61:7: 82:16. 18; 83:l: 86:3: 96:Il: 122.3; 126:6: 139:22: 153:21: I57:l I : I61:2. 6: 164:zO Ring 111 4:2 I Rinsky (81 I5:8: 16: I :45:13: 65:8. IO: I I I : 9 : 132:18. 20 Rinsky's 121 65:13. 14 Risk [I] l5:17 From questionable to Risk risk [Sol 14:4: ??:I: 38:4: 39:12: 44:s;63:22; 64:2. I 0: 65:IS; 71:8; 73:s: 74:s: 76:19; 77:3, 12: 78:7; 91:E 93:10, 22; 95:4, 5,8, 13, 15; %:4; 98:8. IO; 101:12: 109:2; 110:22; 111:1. 6,13; I 13:I: 125-3: 128:s; 130:2,3; 132:I, 6, 7. 12, 14; 133:7, 8; 154:13, 15, 16, 19 risks [2] 31:lS: 97:lO road [I I 142:7 Robert (31 92:3; I OS:9; 161:5 role (9) 2220; 28:l; 56.5; 58:11; 68:14: 70:14; 71:21: 72:3; 129:l room [2] 150:3: 1658 mot 111 85:22 Rose 131 105:9; 133:21; 137:13 Rose's [6] 1214; 133:19: 134:18; 136:16: 144:7, 10 Roughly [I] 84:3 roughly (21 85:4; 153:21 routine [11 8O:lO routinely [SI 12:2; 79:21; 113:18; 114:4: 147:13 Rule [ I ] 164:lO Rushton [31 4 5 - 2 2 46-4 -s- safe I31 66:9; 57:17; 98.5 safety I61 78:13: 79:l; 97:22; 162:I. 3, 6 =hry 111 78:14 sample [4] 10:18:116:8. 9. I 1 .samples [ZO] 7:16;8:1, 3, 10. 11. 12; 3:7: 12:1, 4, 6; 114:lO; 144:17; 145:3. 5: 146:s; 147:13: 148:6, 8. I 1 satisfy [I1 38:2 save [ I ] 165:15 spying [ 151 18:19. 21: 19:4. 9. IO: to;.!!; 1 ; ; 3 ; , i k j ; 3;3,; a ) / :8; W.9, 11 E(:llenLt: IS] 76:21; .T:8; ' 2 I.1 xientifir. [271 I8:5, 22; 195; 26:14; 39:IO: SO: 7; 5522; 56:6, 8; 57:9, 11. 13; 58:Il; 63:11, 17; 64:17; 66:17; 72:17. 18: 76.5: 94:22; 100:19, 22; 124:IE 125:2; 130:3 scientists 1I 26:15 search [I11 I 6:3; 89:8, 10, 13; 90:16; 92:4; 102:12. 14, 19; 103:l; 105.-16 searched [ll I5:ll searchi [I] 89:18 second [I 15:6; 31:20; 67:13; 75:8, 12; 9216; 107:16 section [l] 82:16 S e d [81 92:lO; 94:1, 4, 5. 8, 17: %:lS; lS7:9 sense [4] I2:22; 49:9; I12:lO; 149:17 sensitivity [l] 122:11 =wry [I1 I22:6 sentence [11 I 12:20 separate [11 83:lO separately [ I ] 78:2I series I31 I7:21; 18:13; 100:4 -g [si 22:15; 555; 76:17; 101:14; 162:15 Shadduck [l] 1OS:6 Shell [Z] 46-22;47:3 shift [2] 148:6, 12 shifting [l] 128:4 shifts [Z] 127:10, 22 shoe [3] 32:13, 14; 49:20 shoemakers [11 54:21 show [ 131 14:4: 16:7; 17:ll; 34:7, 13: 50:22; 69:1, I 7: 70:4; 71:8; 72:2: T3:I: 125:2 1 '5:8 stlows [a1 :.4:I 0: 63:2 I; 64:2, A 41; 6tk22; 0'7:16; CY:3, 4 sian I l l 16S:i signifrime 1161 36:20: 37:9. 12; b7:2:22; 68:9, 13, 17: 69:7; 70:15, 17: 8721: 1153, 10, IS; 116:3: 129:20 Significant [11 95:10 signifiont [19J I I S . 12, 14, 19; 36:21; 67:20; 69:18; 70:J. 7,10, 22; 71:8. 18; 72:l;95-11: 123:9, 11; 140:2, 11 significantly I21 92:14; 9 5 8 signs [l] 162:s single [SI 10:17,- 71:22; 102:9: 121:13; 1552 sir [l] 9:19 site 161 7:12; 8:3; 117:ll; l19:9; 161:ll; 162:19 sites [11 7:14 sitting [11 6:1 situation [11 83:7 situations 121 43:3, 6 six [I] 95:3 sue [11 I30:21 skewed [11 87:l smaller [1) 44:12 smell [20] 80:17; 121:18, 19; 122:9,II, IS,21; 12315, 6. 12, 13. 15. 16; 124:l; 135-9, 10. 13, 14; 136:17; 137:14 smelled [4] 123:4; 132-7,11; 137:ll smelling [4] 121:21: 124:9; 135:16; 137:7 smells [SI 123:l; 1243; 135:20: 139:2, 4 smoke [S] 59:l; 90:22; 91:5, 9: 92:12. 22; 93:3: 94:l smokers 131 91:6; 92:15; 157:s smoking [ 1 1 1 *W:18;41:4, 15: !)3:15;55:9; 96:~': .'54:14. 20; 5?:,3: .'S7:5, 1 4 Snyder 11I 92:3 soft [1 I 92:15 solely [2j 75:5; I63:20 solvent 141 29:20; 48:13; 139:l. 4 solvents [11 30:14 someone [9] 82:12: 123:22; 133:12; 135:17, 19, 21; 142:16; 151:4; 162:18 someplace [11 5-19 somewhat [Z] 1O:ll; 89:lO Somewhere [11 1IO:8 somewhere (3J 5:2; 14:5; 113:19 son [31 5 5 2 , 3, 10 sorry [I 11 9:2; 1 I : l ; 15:IB; 26:9; 47:2; 79:12; 83.5; 87:15; 99:21: 109:14; 11O:l sort (11 108:22 sorts Dl 97:22 south 131 7:2; 143:1, 2 sparse [11 14:13 speaking [11 43:22 species 121 28:5; 5320 specific [161 8:6; 14:12, 21; 17:8; 18:8; 19:6; 29:l; 3522; 39:13; 49:17; 50:18, 19: 1154.8; ll8:9: 139:lO Specifiially [31 50:17; 112:8; 132:17 specifiially I191 5:7; 7:20; 8:7; 12:12; 14:9, 16; 16:IO: 19:13; 32:21; 45:2; 50:12; 51:6: 72:14; 90:12; 96:7, 14: 102:21; 115:22: 141:9 specifying [11 96:19 speculated [11 91:13 speculation [l ] 101:10 speculations [ 11 91:15 speed 121 105:18, 21 spelling I 11 15.5 Spencer [ 11 120:12 Spencer's [21 144.3. 9 S P 1~91 I I 5:l I , 14; I 16-12; 117:18, 20; 118:1, 4; 119:13. 15 spilled [SI 11512; 117:19; 141:18; 142.5; 150:17 Spills I 11 116:13 spills I101 79117: 80:lO: 116:15, 22; 1I7:4, 9; I I9:4; 147:3: 150:16, 22 spirit [11 42:6 split [11 78:20 sponsored [21 65:18, 21 springs [11 41:2 stack [ I ] 115:22 stainless [2] 142:lO; 143.3 standard [Z] 13:15; 61:11 standing [11 150:lO standpoint [ I ] I63:4 start [31 46-13;104:14. 17 started 121 104:16: 145:14 state [SI 41:16: 49:s: 113:19: 134:13: 150:7 stated 141 109:J: I l3:l: I I4:Iz: 149:19 statement [7] 54:9: 111:14: IIS:9: 136:2, 4; 1S8:12: 164:lO statements [ 11 134:3 states [ 11 147:16 Statistical [21 68:13; 70:17 statistical [6] 67:21; 68:8. 17: 69x5: 70:14; I31:7 statistically [7] 67:20; 69:22: 70:7, IO, 22; 71:7: 95:ll statistics [ 11 92:2/ steady [ 1 1 49:4 steel [2] 142:IO: I43:8 stem [1] 101:4 From risk to stem step 421 150.1s , G : L l : 14.f:l:t3I!). 75:6,5 ,ul,trrct I ] ,52:il steps 13 I 15J.I 5' systemulic [31 JI:S, 7, 9 subtype 111 .<6:5 , 6; 58.I, stimulate [1I 97:Jl systematically 121 56: 7 stimuli [11 122:14 subtypes [SI 16:19; l7:8: 19:6; 96:19. 21 41:lO: 133:l --T- stream [I1 sufficient [8] 140:13 17:ll; 75:lO; 129:13: strength [21 I36:19: 141:22; 38:8, 10 strong 121 62:13: 155:9 142:l; 156:19; I57:6 1 suggest [41 t I 99:lO; 127:4; 131:lO; StronSlY 131 39:lO: 76:14; 93:8 studied [31 26:2: 9 9 3 155:4 1 152:22 ' suggested [11 1 77:16 j sugg,esting [41 Studies [11 72-2 studies 1641 7:19; 8:16, 19; 9:4; 13:4; 14:4; 36:lO; 1 63:z 67:6; 74:19; 153:12 ,I suggestion (21 l58:19.20 j suggests 121 42:7, 20; 43:3, 8. 9, 1 99:12; 133:6 12, 16; 44:9, 12, 17, I sum [I1 19,22: 45:10, 15.21; ' 86:8 46:15; 50:20; 54:19; summaries [21 56:3, 18; 57:9, 12; 69:16; 723;83:12; * 24:16, 18 summarize (1I 84:6, 7;89:l; 93:8; 97:12 94:9, 12, I S , 17, 21, summarized 111 22: 953, 7; 98:3. 12, 67:14 18; 99:l; 102:2; , summary (31 I03:7; 126:19, 20; 59:18; 84:16; 94:9 127:20; 128:7, 9; I supplied [I] 130:9; 132:21; 161:20 144:17; 152:2, 6 support [I61 study [991 21:21; 24:6; 55:13; 6:16; 12:8, 11; 31:18; 62:16; 71:16; 74.5; 33:1, I I , 15: 34:18; 78:18; 81:8; 939; 39:6; 45:7,8, I I, 14; 100:18: 125:15, 18; 46:8.18: 47:l; 51:9, 139:15, 16; 156:20; 10, 12, 13. 14, 17, 21: 159:4 52.5; 54:20; 55:l. 10: supported [11 57.5, 6; 58:14, 17; 157:9 59:6, 9. 13, 14, 16; SUPpOrts 161 63:11; 65:6, 7,8, IO; 14:l; 39:lO: 76:14; 66:12; 69:20, 22: 111:8; 124:18; 125:13 70:6. 8; 71:7, 10,11, suppose [21 12: 72:l. 9: 73:8: 53:17; 55:I 9 74:15. 17; 75:18; surprise [2] 76:1,5; 77:1, 6, IO, 130:19; 131:3 15,. 18.. 21:_ 78:2. 17: 81:15, 16; 82:18, 20; surprised Ill 91:12 83:1, 3, 9, 11; 88:14: surveillance [11 89:9, 12, 15; 97:12, 148:7 15; 98:19; 107:16, 17; susceptibility [121 108:1, 17; 1258, 18, 20:9, 13, 20, 22: 21:7, 19; 126:11, 13, 14, 22; 22:4, 9, 13, 17, 22; 129:20; 130:l. 3; 20: 55-14 157:9; 160:6 susceptible (31 subject [I] 20:15; 21:2; 86:14 27:2 suspect [31 submission [ I 1 94:20; 141:13; 156:12 52:16 swayed [ l ] submitted [11 86:17 52:I sworn [ I ] subsequent [2J 4:5 27:17: 111:7 synthesis 111 substantial 161 76:13 64:l: 67:2. 3, 5, 8; system [41 Table [41 73:12: 108:21; 125:2I , 22 bbk, (131 59:l I , 17; 62-4; 67:14: 73:1, 9, 10, 11, 13; 74:1, 8; 108:22 tabulated [l] 117.5 tabulation (11 4:19 tngged [21 153:20, 22 tpgs (11 153:18 tail (11 86:3 takes [l] 76:IO 191 46:13: 53:21; 69:15; 98:1, 2; 10216: 120:12, 18: 121:l talked VI S4:15; 55:2: 107:ZO; 120:15, 20; 143:8: 164:l taking [161 42-19: 49:13: 51:17; 53:19, 20; 54:3; 56:I5; 69:19; 84:9; 89:s; 94:14, 16; 108:2; 149:16, 17, 20 tasks [11 158:8 Taylor [ 11 4:2I TDI [lo] 23:1, 2 , 3, 5. 6, 8, IS; 24:9. IO, I I technical [11 51:22 Telephone [1] 106:16 telephone [11 106:18 telling (21 18:2, 5 temperature (41 140:14: 142:13: 143:20; 151:3 tend [1) 122:13 tendency [11 86:lO tenths [6] 12:2; 113:19; 114:5, 12; I45:16; 146:9 Tepe [11 105:9 term (201 5:17: 11:17: 20:14: .!,' *7.8 . ' 3 : X':4 thousands 11 ' ( 1 21: .!.: 1), 2. 09:?!)* 144:18 7O:I 7: 1 :6: I O ?:6, Three[l] .I+, 22; ';'?.$. 0 126:2 terms [10I three [SI 329; 75:)'.78:6,8; 67:4; 74:14; 92:lO; 85:20; 102:22; 103:4. 98:16; 154:18 5; 163:15. 16 threering I1 1 terribly [11 152:9 I60:15 threshold (91 testified [221 80:18; 81:4. 12: 82:6, 4.5; 14:15: 23:6, 11, 13; 121:6; 123:14: 13:29:1, 7, 13, 17; 124:ll; 134:4 30:10, 13, 17.21; thresholds [11 31:3; 43:9, 11: 67:21; 121:13 68:8,16, 22; 69x5; threw[l] 139:7 94:I5 -tifv [61 23:18, 22; 137:13; 141 57:ll; 74:22: 75:3; 164:1, 6,I1 95:I tcstif~ing131 thrown [1I 23:8, 12; 139:11 56:12 testimony 1191 times [9] 15-12: 18:19; 52:7, 118:8, 15; 119:ll: 11, 14; 58:2, 3: 69:1, 145:21; 146:3. 12. 14: 10, 12; 70:11; 74:1,4: 147:10, 19 118:18; 144:7; tissues I21 147:19; 1585; 159:2; 48:14; 92:15 161:20 title [4] testing [I1 33:11, 14; 117:lJ: 156:3 161:6 Thank [31 titled [ 1 I 42:4; 46:19; 159:8 I6:8 thank [ l ] titles [11 11:22 152:19 theory 141 tobacco 121 5213; 61:17; 62:22: 90:22; 92:I2 101:8 today's [21 therapy 121 20:6; 36:s I55:15, 17 toluene [SI There'd [1 ] 127:2. 5, 18: 1,75:15; 77:19 129:2 There's 181 tools [ l I 46:21; 54:17; 64:22: 56:8 108:19: 110:22; topic 191 134:20: 149:7, I O 32:21; 4/:18: SI:5. 6: there's [20] 97:13: 127:15: 128:8, 12:22; I4:3, I I , 16; 9. I 1 27:15; 40:7;49:3; topic.. [ 11 62:12; 96:7; 97:17, 97:14 22; 100:20; 102:12; total I31 109:I; 110:20: 25:18; 147:5: 153:ll 123:18; 127:4: totally [2] 136:12; 140:8: 154:12 38:6; I I9:2 They're [3] towers [ 1 1 56:3; 57:2; 7 2 3 15623 they're [dl toxicity [21 17:9; 40:13; 69:19; 127:18, 22 102:8 Toxicoiogy I31 they've 121 15:18: 35:18: 92:7 86:4; 109:15 toxin [I] thinking [11 20:17 9:7 track [I] third [11 106322 110:13 trained [3] Thompson 121 I35:19, 22; 163:15 10S:12: 118:13 training [ 5 ] Thorpe's [ 11 141:21: 142:2: 162:l. 47:l thousand [ l I 3: 163:20 translstinn [ I I 73:2I 84:?I From step to translation &rlC Svalclna Appivatuxu Depo of: DAVID H, GARABRANT Lavender v. Miles March 14, 1995 I ` ~ ~hv i)Ax,Kw.wl:l ~ translocation [1I 39:l transmittal I 11 I04:11 traps [11 142:11 Travis [6] 89x5, 14; 90:14; 91:21, 22; 160:5 Travis's [11 113:lO treated [2l 133:12, IS trench [26] 12:9; 13:5: 114:8: 115:5. 13, 18: 116:7; 122:21; 123:2; 124.2, 9; 140:5; 142.5, I O , 18, 20; 143:6, IS,17, 19: 144:5; 148:22; 15023, 9, I I trenches [Z] 114:lS; 139:4 trial 1251 16:l; 21:17; 26:5: 27:3; 41:14; 42:9: 55:17, 18; 92:l; 93:20: 100:14; 141:12: 157:22; 158:2, 5,8, 17; 159:2, 5; 164:2, 6, 1I ; 16520 Tricontinental [11 16:9 trivially [I] 147:11 t r u e [SI 37:9; 49:4; 62:15; 63:4; 68:5; 124:8: 135:17; 139:21 truth 131 66:6, 7.. 67:4 tube 141 10:13, 16, 18. 20 tuhes 131 10.3, 10, 11 Turkey [I ] 49:20 mo-hour [1I 106:19 t!pe 141 14:12, 21; 31:3: 143:14 QPS 131 18:18; 37:5; 70:4 typewritten [ 11 ll7:16 typical [11 164:13 -U- L%-huh 121 110:17; 139:18 unable [I] 157:16 unavailahle [ I ] 38:16 unchanged [ l ] 4 7:20 uncommon [21 116:13; 117:l uncontrolled [11 49:19 underestimated [1I 133:2 underestimation [11 45-16 underlying [I1 132-7 undermine [11 42:22 underrepresents [lI 86x5 understand 1261 8:17: 20:20; 21:7. 8: 22:2, 6: 26-9;29:s; 39:19: 40:22; 43:20: 44:14, 16: 48: 18; 73:7: 78:4; 1025, 6; 138:5; 141:3; 142:18, I63:3, 6, 8;165:l I understanding [17 7:l;21:6: 22:3; 25:7; 26:13; 36:19; 37:18; 48:9: 58:2; 66:4, 5: 80:IO; 116:13; 122:6, 141:6; 146:22; 163:I: unfortunate [ll 154:8 unfortunately [ 1] 61:9 uniquely [11 I63:17 unit [SI I2:IO; 13:5; 123:8; 124:3; 141:18 Unit9 [ 11 11:3 units [21 10:22: 11:2 University [Z] 120:21;121:2 unknown [l] 41:7 unlikely [2] 71:l: I14:14 unreliable [11 113:7 unusual 121 8 O : l l ; 147:3 update [SI 15:14; 46:17, 22; 59.3: 89:3, 1I: 113:lO; 160:5 updated [ 11 I03:2 1 upper 131 113:18; 146:2; 147:l. upset 131 12:9: 13.4: 115:7 upsets [dl I16:22: I 18:8,15; 119:l urethane [ 1I 92:l I usual [ I ] 148:16 utilize 171 46:18: 71:17; 78:17: 83:3, 6: 84:8; 88:14 utilizing [ 11 152:20 -v- vague [1I 21:9 valid [6] 57:l I , 13, 20; 63:4; 66:17 value [ 3 ] 55:20: 86:15, 17 values I71 86:15, 20, 21, 22; 87:2, 3. 9 vapor [11 140:19 vaporize [11 150:4 varied [ I ] 22:8 varies [11 21:l vary Ill 121:13 vast [4] 88:6: 154:5: 157:13. 15 velocity [3] 140:20: 142:13; 1S1:3 ventilation [Z] 140:21: 143:20 Vern [ 1I 133:21 version [4] 32:17; 33:4; 34:2I ; 117:16 versus [2] 16:9: 72:7 via [ I ] 128:3 view [A] 66:8: 70:14; 74:5: 93.3 Vigliani [ I ] s4:17 Virginia [3] 5:5: 149:22; 150:7 virtually [ 11 79:I O volume [SI IO: I5; 94:6: 108:3; 149:16. 17 volumes [ l ] 153:15 -W- Wait [ 1I 109:14 wanted 121 144:19: 161:13 waste [1I 140:3 wastewater 14) 114:s: 139:5. 8; 140:13 wasting [ 1] 12:?2 water [SI 140:15: 141:7; 143:19: 149:3 154:18 We'll [7l 134:21 witness [ 1I 23:lO; 53:21; 64:12; 4:4 82:17; I20:7: 151:16: witnesses [ 1I 16.5:15 144:4 we'll [2] 21:8: 165:12 Won$! [SI 45:7: 46:l I: 51:s. 9; We're [31 52:4: 125:8, 9: 160:1 4:11; 54:2; 108:2 Wong's [21 we're [111 52:7. 10 51:17; 53:19; 60x5; Wood's 121 72:6; 86:7; 94:14; 105:18, 21 106:13: 149:16, 17; word I31 150:7 11:18; 26:12: 89:19 we've [121 wording [ 11 54515: 93:8; 96:15; 68:2 I 144:18; 145:9; 146:7, words 1141 21; I55:3, 7; 157:4; 48:21; 70:22: 73:4: 159:17; 164:9 89:15, 18; 90:3, 6 , 8, weak [2] 9, 11; 112:ll; 122:1, 73:l; 74:9 2. 13 weaknesses [ 11 work [20] 111:17 4:20: 7:7; 56:Il; wear [ 2 ] 65:21; 77:5; 99r2: 79:16; 80:12 107:8, 9 , IO; 113:20: wearing [1] 116:14: 119:s. 9: 79:2I 129:17, 18: 145:lS: week [ l ] 146:22: 156:l.S: 16:4 163:7,8 weighted [1I work-month [ 1I 148:12 49:l well-conducted [11 work-year [ I ] 59:16 49:2 weren't [ 1I worked [6] 157:l 104:18; I 14:8: 130:4: West [3] 135:lS; 138:15: 147:s 5:5: 149:21; 150:7 worker 121 What's [9] 32:3; 51:l I ; 54:9: 48:l. 17 worker's [ 1I 58:9: 88:4: 94:5; 148:6 104:3; 110:17; 121:6 workers 1301 whatsoever 121 32:13. 14; 36:2/: 96.3; 129:I Where's [ 1I 45:s. 9. 12. 18. 19. 20. 22: 46:l. I?: 7:5 TO:?/: jl:??: 62:9: Whereupon (21 77:17; 78:s. 6 . 9 . 10. 4:?; 166:2 11: SO:IS: 53:4. IO. Whichever [ I ] 11, 13; 108:6. 11: 153:7 125:S: 161:Z white [ 1I ' working [ 131 25:20 8:4;55:4. 12; 78:13: who's [ 1] 104:14. 16; I 14:13: 102:7 120:2: 128: 14: whoever [ 11 145:22; 147:9: 8:14 148:16: 156:s whomever [ 1] workplaces [3] 15O:lS 84:15,20: 85:I 1 William ['?I works [ I ] 105:12; 118:13 67:17 wind [SI workweek 13 I i4O:ZO. 21: 142:13: 48:3. 7: 49:l 151:3 world 131 window [ 11 101:lS: 144:,70: /63:9 56:12 worry [ I I WITNESS [ I61 J5:13 6:19: 29:lI. 16;30:3: wouldn't ( 3I 42:22: 50:13: 56:22: 72:12: 91:1?: 136:1,7 59:2: 76-4: 101:8; write 111 ~ 107:8, 11: 116:8; 107:1 '14O:lO: 153:9: 165:22 writing [I] 41:19: 9/:19 __ ~ ~~ From translocation to writing Written 1I 95:13: 161:l ~ 9:20 you've [ 121 written (181 4:13; 20:s. 6; 22:4: 9:18; 31:6; 99:9, 18; 26:6; 30:10, 16; 148:2; 158:I; IS9:IS, 54:19: 149:16, 19; 16; 160:l. 4. 7 , 9, 12, 150:13; 154:17 17, 18: l61:1, 4: Young [11 163:IO 61:8 mong [I1 younger [I] 156:13 42:3 wrote 111 yours [2] 82:15 32:18; 165:14 -x- yourself [11 26:22 Xerox [l] 35:s -Y- Yah [lj 114:19 -z- zero [ l ] 73:18 zeroing 121 95:I 7, I9 Yeah [11 126-6 year [SI 46:2; 62.92;82:20; 126:s. 7,8: 147:9 years [721 14:2, 5, 6: 19:3; 28:l 0, 15; 32:22; 41:1I ;45:3; 55:6; 59:22: 60:4, 5,8, 10, 15; 61:14, 17, 18; 62:Zl: 63:7; 64:4, 5, 6, 13, 20, 21; 6S:2, 9; 66:9: 67:18; 72:11; ~ , H 73:4. 6 , 16; 74:6, 19; 75:2, 19, 20: 76:1I ; 93:5, I 0; 98:10; 99:11: 107:ZO: 108:8, 12: 109:18, 21; f10:16. 19; I24:18, 22; 125:3, 6; 133:8, 9; 135:18: 138:10, 19: 145:3. 22; 146:1, 3, 4, 1 1 , 14; 147:6: 148:4: 160:19 yellow [ 1] 153:18 Yesterday [ 1) 58: I5 yesterday [SI 1064, 14: 116:l; I 117:7: 1S0:16 Yin [ 1I] 84:6.7. 9, 10; 88:14, 22; 89:9, 11; 107:17; 126:lS: 160:s Yin's 121 126:13. 14 You'd [ 11 131:lO you'd IS1 18:16: 89:18: 109:s; 111:16 You'll [ 1] 87:19 you'll [61 15:22; 21:16: 26:4; 41:13: 144:6. 165:16 You've 161 23:3. 6: 43:2: 60:19; __ -_____-- .-- _..- From Written to zeroing