Document 71LDRr3rgVaggx7LmqgLGnNx6

Page 1 Page 3 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 2 STATE OF MISSOURI 3 3 GLENN BROWN, etal., 4 GLENN BROWN, etal., 5 Plaintiffs, 6 -vs- # 862-00694 7 MONSANTO COMPANY, 8 Defendant. 9 10 11 12 13 VOLUME VI 14 DEPOSITION OF DR. R. EMMET KELLY 15 On the part of the Defendant 16 June 16, 1990 17 18 19 20 21 22 4 Plaintiffs, 5 vs. Cause # 862-00694 6 MONSANTO COMPANY, 7 Defendant. 8 DEPOSITION OF WITNESS, produced, sworn and examined 9 on June 15, 1990, between 8:00 a.m. and 6:00 p.m. of that 10 day, at the offices of Communitronics Corporation, 1907 11 South Kingshighway, St. Louis, Missouri, before Sheila C. 12 Irvin, a Notary Public within and for the State of 13 Missouri, in a certain cause now pending in the Circuit 14 Court of the City of St. Louis, State of Missouri, wherein 15 GLENN BROWN, et al. are the Plaintiffs, and MONSANTO 16 COMPANY is the Defendant; on behalf of the Plaintiffs. 17 APPEARANCES 18 The Plaintiffs were represented by Mr. David S. 19 McCrea of the law firm of McCrea & McCrea, 119 South Walnut 20 Street, Bloomington, Indiana 47402. 21 The Defendant was represented by Mr. Thomas M. 23 WALLER REPORTING, INC. 22 Carney of the law firm of Husch, Eppenberger, Donohue, 24 REGISTERED PROFESSIONAL REPORTERS 23 Cornfeld & Jenkins, 100 North Broadway, St. Louis, Missouri 25 515 OLIVE STREET, SUITE 1506 24 63102. 26 ST. LOUIS, MO 63101 25 27 (314)621-2571 26 28 27 29 28 Page 2 Page 4 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 1 CONTINUED CROSS EXAMINATION 2 STATE OF MISSOURI 2 QUESTIONS BY MR. McCREA: 3 3 Q Good morning, Dr. Kelly. 4 GLENN BROWN, etal., 4 A Good morning, Mr. McCrea. 5 5 Q Dr. Kelly, when we finished yesterday, we were 6 Plaintiffs, 6 looking at Plaintiff's Exhibit Six, and I'll try and locate 7 7 the page. I believe that we were, we had identified a 8 -vs- Cause # 862-00694 8 document on page 222, if you could locate that, please. 9 9 A Do you have 222? I have a 22, but I don't 10 MONSANTO COMPANY, 10 know -- 11 11 MS. RUTTER: I'm not sure. All the numbers on 12 Defendant. Div. # 12 these are kind of -- 13 13 A What is the title of the document? 14 INDEX 14 Q (By Mr. McCrea) The title is -- It's a letter 15 WITNESS: PAGE 15 from the Department of Health, Education and Welfare from 16 DR. R. EMMET KELLY 16 Harvey P. Stein, PH.D. to Mr. W. B. Papageorge dated 17 Continued Cross Examination by Mr. McCrea. . 17 November 4, 1975. 18 Redirect Examination by Mr. Carney.......... 94 18 A Yes, sir, I have it. 19 19 Q And attached to that cover letter is what Dr. 20 EXHIBITS 20 Stein refers to as a current intelligence bulletin on 21 Plaintiff's Deposition Exhibit #7................ 43 21 polychlorinated biphenyls? 22 Plaintiff's Deposition Exhibit #8................ 67 22 A Yes, sir. 23 Plaintiff's Deposition Exhibit #9................ 75 23 Q And thought document begins at page 224 with the 24 24 heading "Background information on Polychlorinated 25 25 Biphenyls" dated November 3, 1975. Do you see that? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 1 - 4 LEXOLDMON007050 Page 5 Page 7 1 A Yes, 1 have it. Yes, sir. 1 ten percent of the chlorinated diphenyl, yes, I'm familiar 2 Q With reference to the document, will you turn 2 with them. 3 to page 229? 3 Q All right. Are you familiar with bibliography 4 A Yes, sir. 4 reference 22? 5 Q There is a heading there titled "Human" in the 5 A That is a review by Schwartz in which he talks 6 middle of the page and two paragraphs following that 6 about no cases. He just refers - 1 think there's one line 7 heading. 7 in there where he says chlorinated diphenyls and 8 A Yes, sir. 8 chlorinated naphthalene. He does not refer to any cases. 9 Q The first paragraph states, "The known toxic 9 He's talking there about dermatitis of a large amount of 10 effects of PCBs in humans include an acne like skin 10 different chemicals. Yes, I'm very familiar with that. 11 eruption, chloracne, pigmentation of the skin and nails, 11 Q Are you familiar with bibliography reference 12 excessive eye discharge, swelling of the eyelids and 12 16? 13 distinctive hair follicles." 13 A Yes. 14 A Yes, sir. 14 Q And that was written by Renate Kimbrough? 15 Q It makes a reference on that to 19? 15 A Yes, that's true, and there again, she is 16 A Yes, sir. 16 referring to the Japanese work. 17 Q Which was a study done in Japan by four 17 Q And is it a fact that impotence was a reported 18 authors, as 1 interpret that looking at the bibliography. 18 symptom of workers exposed to chlorinated hydrocarbons as 19 A That is correct. 19 determined by bibliography reference 16, Renate Kimbrough, 20 Q Those symptoms then, in this authors's opinion, 20 and bibliography reference 22, Dr. Louis Schwartz? 21 would be what was known as a result of the Japanese Yusho 21 A Well, I'll have to read that. 1 mean, 1 can't 22 ingestion of PCBs? 22 attest to what these people have stated. 1 don't know. 23 A Of Japanese PCBs contaminated with. 23 In fact, 1 don't know if Schwartz mentioned it at all, but 24 dibenzofurans and quaterphenyls, yes, sir. 24 I'd have to see those two things. 1 can't just take a 25 Q The second paragraph states, "For a number of 25 reference and say this was a prominent symptom, this was a Page 6 Page 8 1 years, chloracne of the face and neck had been reported 1 symptom of one man, this was a symptom of a hundred percent 2 among workers exposed to chlorinated hydrocarbons. Workers 2 of the people. 1 can't make a statement like that. I'd be 3 exposed to PCBs in the possess of insulating cables," with 3 happy to read the article. Show me the article and I'll be 4 a bibliography reference 20, "in the production of 4 happy to answer the question. 5 condensers," bibliography reference 21, "and in the 5 Q And the Schwartz article was 1936; correct? 6 manufacture of chlorodiphenyls," with a bibliography 6 A That's correct, but. . . 7 reference 22, "have reported these skin lesions along with 7 Q Isn't it a fact that the worker at Swann 8 systemic effects such as digestive disturbances, edema of 8 Chemical who had the very severe case of chloracne reported 9 the face and hands, burning of the eyes, impotence and 9 loss of libido? 10 hematuria," bibliography references 16 and 22. Would you 10 A Yes, sir. 11 refer to bibliography reference 20? 11 Q To Dr. Jones? 12 A Yes, 1 would. 12 A Yes. You were talking about impotence before. 13 Q Are you - were you familiar with that 13 Q All right, sir. 14 bibliography reference when you worked at Monsanto Company? 14 A That's two different things. 15 A Yes, 1 was. 15 Q All right. And what is the difference between 16 Q Would you refer to bibliography reference 21 ? 16 the report by the worker at Swann of loss of libido and 17 A Yes. Do you want me to explain these? Do you 17 impotence? 18 have them with you? Do you have these? 18 A Quite a bit. The first one, loss of libido is 19 Q 1 have them, but 1 don't have them with me. 19 loss of desire for sexual activity. Impotence is a loss of 20 A Well, 1 have them and I've read them, and in 20 power, of the ability to have sexual intercourse. 21 no case does this refer to diphenyls alone. It has always 21 Q Doctor, were you concerned in 1936 after the 22 been in connection with chlorinated naphthalene. In fact, 22 report of the worker at Swann and in 1936 after reading the 23 the Mayers case, these three cases of people in New York, 23 article of Louis Schwartz as to these two symptoms, loss of 24 two of whom worked exclusively with chlorinated naphthalene 24 libido which is loss of desire and impotence which is loss 25 and one with chlorinated naphthalene with what she said was 25 of ability, as that could affect workers exposed to PCBs? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 5 - 8 LEXOLDMON007051 Page 9 Page 11 1 A No, 1 wasn't concerned because these were -- 1 A Yes, sir. 2 The Schwartz was just a review. He reviewed dermatitis. 2 Q In the third paragraph - do you know what this 3 He may have mentioned impotence or loss of libido in, among 3 document is? 4 a basketful of various complaints or symptoms that he had, 4 A It sounds like an address from Jack Fitzgerald, 5 that he had elicited from various articles, and as far as 5 vice president of Monsanto to somebody. 1 don't know 6 the one man that Dr. Jones saw, well, when 1 ever talked to 6 where. 7 any of the workers at Monsanto in the 38 years, they never 7 Q In 1971 there was a commitment by Monsanto to 8 mentioned loss of libido, so 1 really wasn't concerned. 8 remain in the PCB business, was there not? 9 Q Did you ever ask them? 9 A 1 don't know what you mean by commitment. 10 A No, 1 didn't ask them, but they -- Let me tell 10 Commitment to whom? 11 you, people, if they have that will, in the worker 11 Q Commitment to the manufacturers of the 12 environment will tell the doctor. You don't have to ask 12 transformers, capacitors and heat transfer fluids. 13 them. 13 A There was a commitment by Monsanto to continue 14 Q What is hematuria? 14 the manufacture of PCBs and the sale of PCBs in areas where 15 A Blood in the urine. 15 they considered it unlikely that it would get into the, the 16 Q Dr. Kelly, would you turn to page 241? 16 material would get into the environment. That was our 17 A Yes, sir. 17 commitment. 18 Q Other than cursory review in preparing 18 Q On January- 19 for this deposition, have you as an expert witness for 19 A The commitment also - May 1 finish? The 20 Monsanto, an expert fact witness for Monsanto ever been 20 commitment, also, was that they would try to minimize all 21 asked to review this document with attachments in detail? 21 possible escape of the material by advising our customers 22 MR. CARNEY: Let me object to the 22 how to handle the problem, even going so far as to make 23 characterization of the witness as an expert fact witness. 23 arrangements to have the material shipped back to Monsanto 24 Those are technical terms. 1 don't know that Dr. Kelly 24 to be incinerated. 25 knows those terms other than that he's a witness answering 25 Q On January 14, 1976 Monsanto abandoned that Page 10 Page 12 1 questions that are posed to him. 1 commitment and made the public statement in paragraph three 2 Q (By Mr. McCrea) Are you familiar with the 2 by F. J. Fitzgerald, quote, "Let me state at the outset 3 fact - 3 that Monsanto agrees wholeheartedly with EPA's desire to 4 A What about that other question? 4 work toward the goal of eventually eliminating all uses of 5 Q All right. Are you - have you reviewed this 5 PCBs." Is that correct? 6 document in detail as a - 6 A Yes. 1 believe Mr. Fitzgerald, being a vice 7 A No, sir, 1 have not. 7 president of Monsanto, was stating Monsanto's policy. 8 Q Are you familiar with the fact that the United 8 Q The bottom of that page, the first sentence of 9 States Environmental Protection Agency pursuant to Section 9 the last paragraph Mr. Fitzgerald states, "Let me emphasize 10 308 of the Clean Water Act sent a series of questions to 10 that we have no desire to remain in the PCB manufacturing 11 manufacturers and users of PCBs regarding the disposal, 11 business any longer than is necessary." Is that what that 12 health effects and so forth? 12 states? 13 A 1 don't know any of the details, but 1 13 A You're reading what he said, yes. 1 mean, if 14 anecdotally have been told that the EPA sends out or the, 14 this is, this is what this states. Jack said this, sure. 15 sends out questionnaires about all sorts of chemicals. So 15 1 believe Jack said, meant it. 16 I'm not particularly familiar with this questionnaire. 16 MR. CARNEY: Let me just object for the 17 Q All right. With you turn to page 246? 17 record, you know. 1 certainly agree you've read those 18 MR. CARNEY: Just let the record reflect that 18 statements accurately, and the only question 1 have is we 19 this questionnaire came in or the letter attached to the 19 have a witness here, Dr. Kelly, that had retired over a 20 questionnaire is dated December 11, 1975, about a year 20 year before those statements were made, and I'm not sure 21 after Dr. Kelly retired from Monsanto. 21 that he's the witness that would be knowledgeable. 1 don't 22 Q (By Mr. McCrea) Stipulated. Dr. Kelly, would 22 think he attended this speech, so I've no problem in 23 you focus your attention on page 246 which at the top has 23 having Mr. Fitzgerald testify to it. 1 just think at this 24 the heading "F. J. Fitzgerald, Vice President, Monsanto 24 point - 25 Chemical Company," and the date January 14, 1976? 25 A Well, you would have one big problem. Jack is Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 9-12 LEXOLDMON007052 Page 13 Page 15 1 dead. 1 A 1971 or'72, one of those meetings with the 2 MR. CARNEY: Well, then - But 1 think there 2 corporate or the executive committee. 3 are other people that are knowledgeable like Mr. Papageorge 3 Q And you found out it could not be solved? 4 about the policies of Monsanto at this time period. Ijust 4 A Beg your pardon? 5 would want to state for the record that Dr. Kelly had been 5 Q And Monsanto found out it could not be solved 6 retired and may not be the witness that has the knowledge 6 and did walk away? 7 about this, so 1 just note that for the record. 7 A That's it. 8 Q (By Mr. McCrea) Dr. Kelly, based upon your 8 Q Will you turn to page 256? 9 participation on the various committees and you 9 A Yes, sir, 1 have it. 10 endorsements of the various action plans as we have 10 Q Ask does this show the amount of pounds of 11 described earlier and you work as the medical director at 11 PCBs sold by Monsanto to Westinghouse for the years 1954 12 Monsanto until your retirement in 1970 -- 12 through 1977? 13 A '74. 13 MR. CARNEY: I'm going to object to the 14 Q '74, and based on your numerous involvement in 14 question unless there's a foundation this witness can 15 cases in which Monsanto had been sued as a defendant, do 15 identify this document and knows, either identify it or 16 you know the reasons for this decision announced by Mr. 16 knows in his own mind what the amounts were in these years. 17 Fitzgerald? 17 I'm not saying those are incorrect numbers. All I'm saying 18 A Yes. The reason was they found out that the 18 it I'm not sure that Dr. Kelly has any basis for being able 19 material was still getting into the environment, that there 19 to answer that question. 20 were disposal problems of capacitors. There were disposal 20 Q (By Mr. McCrea) Dr. Kelly, I'll ask you to 21 problems of the transformer oil, and they were getting out 21 assume that these numbers are correct; all right, sir? 22 of it for environmental reasons and it, as soon as the 22 A Yes, sir. 1 mean, I'm assuming that what is 23 industry was satisfied with a substitute, whether that was 23 written down here, all these figures are correct. 24 from Monsanto or anybody else, we'd be happy to get out. 24 Q Monsanto recognized in 1969 that PCBs were a 25 Monsanto is a company and I'm sure their workers as 25 potential environmental problem. Is that correct? Page 14 Page 16 1 individuals feel just as strongly about a safe environment 1 A Yes, sir. 2 as anybody else. 2 Q In 1969 Monsanto sold eight million pounds of 3 Q Was there any change in data from the time in 3 PCBs to Westinghouse. Is that correct, by this number? 4 1971 in which there was a commitment to remain in the PCB 4 A Yes, sir. 5 business and supply PCB fluids for transformers, capacitors 5 MR. CARNEY: Wait a minutes. Oh, 1 didn't hear 6 and heat transfer fluids in 1976? 6 you say assume that these are the amounts of pounds of PCBs 7 MR. CARNEY: By change of data, do you include 7 going to Westinghouse. 8 in that question alternative materials that would allow for 8 MR. McCREA: It says to Westinghouse. 9 transformers to be made with a material that wouldn't be 9 MR. CARNEY: Yeah, but 1 don't think the jury 10 flammable? 10 had access to it. 1 think we need to clarify that we're 11 Q (By Mr. McCrea) No. 1 include in that 11 not talking about pounds to Westinghouse. 12 question a change of data as far as environmental 12 MR. McCREA: We are talking about. 13 contamination is concerned. Was there any new information 13 MR. CARNEY: Okay. Again, I'm just clarifying 14 that you obtained between the year 1971 and 1976? 14 it for the jury. They don't see this document. 15 A 1 think that's a question that you should ask 15 Q (By Mr. McCrea) All right. This is the 16 Mr. Papageorge, but it is my impression that the disposal 16 amount of PCBs manufactured by Monsanto and sold to 17 problem was the main factor. You mentioned also, Mr. 17 Westinghouse Electric Corporation, all locations, according 18 McCrea, about my involvement in these various committees, 18 to the caption on page 256? 19 and I'll have to say what Ed Bock, the president of 19 A Yes, sir. 20 Monsanto, said at one of the meetings that 1 was there. He 20 Q Ask this document shows that in 1969 when 21 said if this problem can't be contained, we'll walk away 21 Monsanto acknowledged the environmental problems - Did 22 from the business regardless of any profit we will lose. 22 Monsanto recognize there were environmental problems before 23 That came from the president of the company when you 1 was 23 1969? 24 there. 24 A No, sir. 25 Q When did he say that? 25 Q In 1969 Westinghouse sold eight million pounds Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 13-16 LEXOLDMON007053 Page 17 Page 19 1 to Westinghouse. Is that correct? 1 that those years, '71 to '77 they are selling a product 2 A Well, Monsanto sold - 2 1016 which they thought was biodegradable. 3 MR. CARNEY: Are you asking - 1 thought you 3 Q Was it? 4 asked him to assume that. 4 A It was more biodegradable than the others, but 5 A I'm assuming - 5 I'd have to ask Papageorge on that. 6 Q (By Mr. McCrea) Yeah, this indicates that 6 Q And is that because it contained 16 percent 7 8,038,072 pounds. 7 chlorine? 8 A Yes. 8 A 1 don't know. You'll have to asked Papageorge 9 Q The next year it increased to nine million? 9 on that. Pardon me. 10 MR. CARNEY: 1 think you ought to ask, Mr. 10 Q To make a long story short, there wasn't any 11 McCrea, if Dr. Kelly has any knowledge as to the amount of 11 dramatic cutoff to Westinghouse and, in fact, there was 12 PCBs going to Westinghouse. If not, I'm not sure he's the 12 increases in certain years after '69? 13 witness that would contribute anything to the amount of 13 A Well, that is making the story a little too 14 pounds. 1 mean, this is a piece of paper that hasn't been 14 short, 1 believe, because there were decreases in some of 15 authenticated by Dr. Kelly. 1 don't think he was in 15 the years and they were changing the formulation that they 16 marketing and knew how many pounds of PCBs were shipped in 16 were selling. They were you selling them an Aroclor that 17 any year. 17 they thought was biodegradable. 18 MR. McCREA: This is a document we got from 18 Q Dr. Kelly, no furthers questions on 19 you. 19 Plaintiff's Exhibit Six. Did Monsanto, you say, recognized 20 MR. CARNEY: I'm not disputing the - All I'm 20 that PCBs were environmental, a potential environmental 21 saying is we have a witness here that 1 don't think has any 21 problem. Is that correct, in 1969? 22 knowledge about the amount of pounds. 22 A Sometime in 1969, 1 believe, or the first part 23 MR. McCREA: Well, I'm asking him to assume 23 of'70. 24 that these numbers are correct, and the basis for the 24 Q Did you also recognize that dioxins were an 25 question is that these numbers will be established as being 25 environmental problem? Page 18 Page 20 1 correct as soon as you authenticate this document. This 1 A When? 2 document came from you. 2 Q In 1969? 3 MR. CARNEY: You know, we've given you a lot 3 A No. 4 of documents. I'm not disputing what you're saying. All 4 Q When you did you recognize that dioxins were an 5 I'm saying is 1 don't think Dr. Kelly has the knowledge of 5 environmental problem? 6 what the pounds were in any year. You can ask him to 6 A Sometime in the '70s. 7 assume it, but he doesn't know it for a fact, so 1 don't 7 Q How many pounds of dioxins did Monsanto dump 8 know why we're wasting everybody's time. There are 8 into the Mississippi River in the 1970s? 9 witnesses that do know what the pounds are, and they can 9 MR. CARNEY: I'm going to object to that. 10 testify to this and say it's accurate or it isn't accurate. 10 Obviously, there's been lots of questions that are totally 11 I'm not disputing that, but Dr. Kelly is not the person. 11 irrelevant. I'll object to the relevancy. 12 Q (By Mr. McCrea) Dr. Kelly, this chart shows 12 Q (By Mr. McCrea) Do you know? 13 that five years after Westinghouse recognized that PCBs 13 A No, 1 don't know at all. 14 were a potential environmental contaminant - Did 1 say 14 Q Did you dump dioxins into the Mississippi 15 Westinghouse? 15 River after you recognized dioxins were an environmental 16 A Yes, sir. 16 contaminant? 17 Q Five years after Monsanto recognized that PCBs 17 A You mean you're equating me with Monsanto? 18 were an environmental contaminant, you were selling a 18 Did Monsanto? 19 million more pounds to Westinghouse in 1974 than you were 19 Q Not you, Monsanto. 1 know you didn't dump 20 in 1969? 20 dioxins in the Mississippi River. 21 A Yes, but in 1976 they were selling 1,000,600 21 A 1 don't know that they dumped any, so 1 don't 22 pounds less. 22 know. 23 Q And in 1977 it goes down to only 693,000 23 Q All right. 24 pounds and then it stopped? 24 A If you, there may be - 1 believe you're 25 A Yes, and also you have neglected to mention 25 phrasing it, you're phrasing it as though you were saying Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 17-20 LEXOLDMON007054 Page 21 Page 23 1 that Monsanto had this tankful of dioxin and dumped it in 1 Q Why did they test the cadavers for PCBs? 2 the river. 2 A 1 do not know. 3 Q No. 3 Q Did Monsanto report the results of this 4 A Well, that is what you're saying, dumped 4 testing to the public? 5 dioxin in the river. There may have been dioxin in some of 5 A 1 do not know. 1 do not know. 1 was not 6 the affluents in parts per million or parts per billon. 1 6 associated with them at all. 1 only heard about it 7 don't know, but that's a lot different than saying did 7 goodness knows when. 1 don't know. 8 dioxin, how many pounds of dioxin did they dump into the 8 Q Who told you? 9 river. 9 A 1 believe Dr. George Roush told me. 10 Q Did you have any information they were dumping 10 Q What did he tell you? 11 30 to 40 pounds of dioxins on a daily basis into the river? 11 A Well, he said we had some samples tested and 12 A No, 1 do not. 12 it didn't show anything unusual, but 1 don't know if he -- 13 Q Dr. Kelly, did Monsanto secretly test fat 13 1 don't recall him saying we tested for dioxin. 14 samples from several deceased St. Louis area residents who 14 Q When did he tell you? 15 had died in accident and not as a result of illness and the 15 A Sometime after 1974. 16 test results showed that every such cadaver contained 2378 16 Q Did they determine that the -- Did anybody, 17 dioxin in the fat tissue? 17 from Monsanto tell you that they had tested for dioxin and 18 A 1 know nothing of the details. If they tested 18 that it could have come from the Krummrich plant? 19 it, it was after 1 left. 19 A No, sir, nobody ever told me that. 20 Q Did anybody at Monsanto inform you that they 20 Q This is the first time 55 information has been 21 secretly tested for dioxin in cadavers? 21 brought to your attention? 22 A First of all -- 22 MR. CARNEY: Well, I'm assuming -- 23 Q Of St. Louis residents? 23 A That that statement has been brought. 1 don't 24 A First of all, it was no secret when they did 24 know if that's information. 25 it. They took -- They had a pathologist give them samples 25 Q (By Mr. McCrea) Did Monsanto -- Page 22 Page 24 1 of fat of individuals who were not at all exposed to PCBs. 1 A And anyway, we manufactured agriculture 2 They were not transformer workers, capacitor workers, 2 chemicals at the Krummrich plant, so much more in - We 3 Monsanto workers. They were the average citizen who died, 3 were not manufacturing. 1 don't know when they tested, but 4 and the tissue was furnished by the city pathologist or the 4 we were manufacturing -- Well, we had manufactured 5 city medical examiner and they found levels which were in 5 agricultural chemicals, but 1 believe it was stopped by, 6 accord with, not -- I'm not sure whether they tested for 6 after '74. 7 dioxins or not. 7 Q That is Santophen, S-a-n-t-o-p-h-e-n? 8 Q Did they test for PCBs? 8 A That's an antiseptic or a germicide. 9 A They may very well have tested for PCBs, but 1 9 Q Was it contaminated with dioxin? 10 don't know if they tested for dioxins. You'll have to ask 10 A 1 don't know. 11 somebody else. 11 Q Do you have any information that Monsanto knew 12 Q Why did you do this? 12 that Santophen was contaminated with dioxin and sold it to 13 MR. CARNEY: Well, again let me object. 13 a company for use in Lysol? 14 Q (By Mr. McCrea) Why did Monsanto test? 14 A No, sir. That's a double question, isn't it? 15 MR. CARNEY: Do you have a time period? 15 Q Yes. 16 MR. McCREA: 1970s. 16 A First of all, 1 don't know -- 17 MR. CARNEY: Was it before Mr., Dr. Kelly 17 MR. CARNEY: I'm going to object to the form. 18 retired or after? 1 mean, if -- 18 A Oh, sorry. If they ever sold it for use in 19 Q (By Mr. McCrea) When did they test the 19 Lysol, and secondly, 1 don't know if they ever knew it was 20 cadavers for PCBs? 20 contaminated with dioxin and sold it. 21 A 1 do not know, but it was not before December 21 Q (By Mr. McCrea) Did anybody from Monsanto 22 the 1st, 1974. 22 inform you that they knew Santophen was contaminated with 23 Q When did they test the cadavers for dioxin? 23 dioxin and continued to sell it for use in Lysol? 24 A 1 don't know. 1 said 1 do not know if they 24 A No, sir. 1 believe your word contaminant, 25 tested them for dioxin. 25 contaminated can be viewed differently by other people, by Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 21 - 24 LEXOLDMON007055 Page 25 Page 27 1 other individuals. If you have trace amount of a product 1 to the form of these questions where you're reading 2 in there, whether that's called contamination or not, 1 2 statements and 1 guess in an attempt to try to inflame the 3 believe, depends on who's talking. 1 would not think 3 jury, reading statements that you are contending are fact 4 that's a contamination. 4 when there's no, nothing in the record to support these 5 Q When did Monsanto first know that dioxin was 5 things and trying to get, in effect testify yourself when 6 in 245T? 6 most of these things that you're claiming occurred were in, 7 A I'm not sure. They -- 1 don't know if they 7 were after Dr. Kelly retired. 8 knew it was in 245T. They knew it was in 24 -- Did you say 8 So you know that he doesn't have the knowledge. He 9 245T or 24D? 9 wasn't with the company to be able to refute them, but if 10 Q 245T. 10 you had the right witness here who, like Phosha Park or 11 A Oh, 245T. 11 somebody that has the knowledge, they can refute these 12 Q T, T as in Tom? 12 charges you're making within these questions. So could 1 13 A Gee, 1 think sometime in the'60s. I'm not 13 have a standing objection to this type of questioning? 14 sure, though. I'd have to look that up. 14 MR. McCREA: Yes. 15 Q Did anybody from Monsanto discuss a spill at 15 MR. CARNEY: Where you're reading these 16 the Krummrich plant which contaminated the plant with 16 statements where you're, that are after Dr. Kelly retired 17 dioxin? 17 from Monsanto. Okay. 18 A When? 18 Q (By Mr. McCrea) Did Monsanto ever test dioxin 19 Q 1979, February 1979? 19 in its laboratories? 20 A No, sir. How big was the spill? 20 A I'm sure they did, but 1 can't give you any 21 Q It was in department 237 at the Krummrich 21 dates. You mean -- 22 plant. OSHA ran tests on the walls and found dioxin. 22 Q Do you have any information from Monsanto that 23 Monsanto conducted tests and found dioxin and nevertheless 23 Monsanto considered dioxin too toxic to test in its 24 did not, lifted the protective measures and work proceeded 24 laboratories? 25 as normal. 25 A No, 1 don't think so. 1 never had any Page 26 Page 28 1 MR. CARNEY: I'm going to object to your 1 information of that. 2 reading a bunch of information into the record. You're not 2 Q Did you test dioxin while you were medical 3 testifying. You're not under oath. 3 director in the laboratories? 4 MR. McCREA: Stipulated. I'm not testifying, 4 A No, sir. 5 but I'm just trying to supply the doctor the information. 5 Q Did you do any analytical work with respect to 6 THE WITNESS: Will you also supply me the 6 dioxin before 1970 at Monsanto in which it was brought into 7 relevance that this has to PCBs? 7 laboratories? 8 MR. CARNEY: Doctor, 1 don't want to get a 8 MR. CARNEY: Let me object. When you say did 9 speech. We're trying to finish this thing. 9 you - 10 THE WITNESS: Oh, okay. I'm sorry, but. . . 10 MR. McCREA: Monsanto. 11 MR. CARNEY: 1 can tell you there is no 11 MR. CARNEY: Again Dr. Kelly, if you're saying 12 relevance, but Mr. McCrea will disagree and we'll have a 12 -- You're mixing up you, he as the medical director, he as 13 big argument and it may take an hour. 13 an individual versus Monsanto when you say did - 1 think 14 Q (By Mr. McCrea) Do you know if OSHA issued 14 you ought to clarify that in the last couple of questions. 15 formal charges against Monsanto for not reporting what it 15 Otherwise, 1 think there's confusion. 16 found? 16 Q (By Mr. McCrea) That's a fair statement, Dr. 17 A No, sir. 1 do not. 17 Kelly, and sometimes it's interchanged, you meaning Dr. 18 Q Did anyone inform you that Monsanto's 18 Kelly, you meaning Monsanto. I'll try to clarify that. 19 attorney, Phosha Park, lied to the workers in the Krummrich 19 A Fine. 20 plant about the presence of dioxin in department 237? 20 Q And when 1 refer to Monsanto, I'll say 21 A No, and if they did, 1 wouldn't have believed 21 Monsanto because that is misleading and your can't answer 22 it. Phosha Park does not lie. 22 the questions if it's not understood, you, Dr. Kelly, or 23 MR. CARNEY: Let me just object to - 23 Monsanto. Did Monsanto test dioxin in its laboratories 24 Q (By Mr. McCrea) Did Monsanto - 24 before 1970 to determine contamination of products, levels 25 MR. CARNEY: Let me just object for the record 25 in its products or any other thing? If you know. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 25 - 28 LEXOLDMON007056 Page 29 Page 31 1 A I'm not certain. 1 A Well, is there a reference in whatever you're 2 Q Are you familiar with the study done by 2 reading from to it? 3 Dr. Raymond Suskine called the Suskine-Hertzburg study? 3 Q No. 4 A Where was it published? 4 A Well, my answer is 1 don't know. 5 Q "Journal of the American Medical Association". 5 Q Did anyone report to you that Dr. John 6 A When? 6 Nestmann six years after the explosion examined many of the 7 Q About 1985. 7 exposed Nitro workers and found that most of them had 8 MR. CARNEY: Do you have the article so he 8 severe psychoneurosis? 9 could look at it? It might refresh his recollection. 9 A No, sir, nobody ever did because we also had 10 MR. McCREA: No, 1 do not have the article. 10 individuals who were psychiatrists examine the workers and 11 A 1 may have seen it. I'm not certain. 11 they didn't find any such illnesses. 12 Q (By Mr. McCrea) Was it fraudulent? 12 Q Did anyone inform you that in November 1955 13 A Beg your pardon. 13 Dr. Raymond Suskine met with McClain and Wagar of Monsanto 14 Q Was it fraudulent? 14 and at that meeting Suskine, McC.ain and Wagar decided that 15 A Was it what? 15 Monsanto and its medical witness, Dr. Suskine, would delete 16 Q Fraudulent, fraudulent? 16 any reference to Nestmann's findings of psychoneurosis? 17 MR. CARNEY: I'm going to object. 17 MR. CARNEY: Objection to the form. 18 A 1 don't understand. 1 can't hear. 18 A Are you asking me do 1 know of a meeting? 19 Q (By Mr. McCrea) Was it fraudulent? 19 Q (By Mr. McCrea) Yes, sir. 20 A Fraudulent? 20 A 1 do not know of such a meeting. 21 Q Yes, the Suskine-Hertzburg study? 21 Q Dr. Kelly, are you familiar with a study - 22 MR. CARNEY: How can he answer that when he 22 I'm having trouble with my glasses - by Zack and Gaffey, 23 says he's not even sure he's saw it? 23 a mortality study of the cancer death rate of the Nitro 24 A 1 know Dr. Suskine. He's a tremendous, 24 workers who were exposed to dioxin in 1949 as a result of 25 reputable individual. He was head of the Kettering 25 the explosion? Page 30 Page 32 1 Laboratory, a professor at the Cincinnati Medical School. 1 A No, sir, I'm not. 1 may have seen it, but 1 2 He would not do anything fraudulent. 1 can't understand 2 don't -- When was this done? 3 the basis of your questions. 3 Q 1 do not know? 4 Q (By Mr. McCrea) In 1955 did Dr. John Nestmann 4 A Well, 1 don't know, either. 5 examine workers at the Nitro plant? 5 MR. CARNEY: Just again for the record, when 6 A John who? 6 we're talking about Nitro, we're not talking about a plant 7 Q Nestmann, N-e-s-t-m-a-n-n. Do you know Dr. 7 that manufactured PCBs. 8 John Nestmann? 8 Q (By Mr. McCrea) That's been described on the 9 A We had doctors examine the Nitro workers. The 9 record. It manufactured a herbicide in farming? 10 name does not ring a bell with me, but 1 could be mistaken. 10 A Yes, or railroad right-of-ways, a weed killer. 11 We did have quite a number of workers examined by a number 11 Q Which was later found out to contain dioxin? 12 of doctors. We had doctors from the University of West 12 A That's correct. You're also quoting studies. 13 Virginia Medical School examine a number of workers. 13 You're not quoting any of the material that was found by 14 Q Are you familiar with a study of the Nitro, 14 other doctors concerning these workers, and when all the 15 West Virginia workers done in 1955 by Dr. John Nestmann, 15 evidence was set before the jury, they decided that these 16 N-e-s-t-m-a-n-n which related to the 1949 explosion where 16 workers had not suffered any injury outside of chloracne. 17 the Nitro workers suffered chloracne. 17 Q Do you know if the evidence of Dr. Nestmann 18 MR. CARNEY: This didn't have to do with PCBs, 18 was presented to that jury, Nestmann? 19 did it? 19 A Well, 1 don't know. 1 was on the trial there 20 MR. McCREA: No. 20 for seven days and -- 21 A 1 may have. He maybe one of the authors of 21 Q You testified for - 22 the study. 1 don't remember. Where was that study 22 A 1 don't recall bringing it up. 23 published? 23 Q You testified for seven days? 24 Q (By Mr. McCrea) 1 don't think it was ever 24 A Yes. 25 published. 25 Q Did anyone during that seven day period ask Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 29 - 32 LEXOLDMON007057 Page 33 Page 35 1 you about the Nestmann evaluation of the workers in 1955? 1 MR. CARNEY: Just for the record, what we have 2 A They may very well have. 1 do not know. 2 in K-9 is a xerox copy which wouldn't, 1 don't think, pick 3 Q Dr. Kelly, there have been a number of 3 up the colors if there were any. 4 occasions when Monsanto has supplied PCB for scientists to 4 Q (By Mr. McCrea) That's my point. Do you know 5 conduct tests including Renate Kimbrough. Is that a fair 5 if the colors of the letter were other than black? 6 statement? 6 A 1 don't know. This is a letter -- No, 1 don't 7 MR. CARNEY: Objection to the form as to what 7 know. 8 you mean by number. 8 Q All right. Does this label contain the word 9 A Yes. 1 don't know how many. 1 know she got 9 warning? 10 it from Monsanto, certainly. 10 A No, sir. 11 Q (By Mr. McCrea) How was that PCB selected to 11 Q Does this label contain a skull and 12 be sent to Dr. Kimbrough and others and who were the people 12 crossbones? 13 responsible for preparing the PCB and sending it out? 13 A No, sir. 14 A Well, 1 can't answer that. It was my 14 Q Does this label tell you what can happen to 15 impression that these were regular run of the mill 15 you? 16 production types. They certainly were not laboratory 16 A No, sir. 17 specimens. They would call up Anniston and say send a 17 Q Does this label tell you when to stop 18 quarter of 1242 to Kimbrough or 1260. 18 exposure? 19 Q Were you ever involved in the process of 19 A No, sir. 20 selecting the chemical and sending it out to various 20 Q Does this label tell you it's a systemic 21 scientists who were interested in doing tests? 21 poison? 22 A 1 was involved with Drinker, but 1 would, 1 22 A No, sir. Are you -- I'm answering your 23 said to Dr. Drinker, "We'll send you some regular 1262 or 23 question yes or no, but you are, you want all this on a 24 1268," whatever it was. So 1 called up Anniston and said, 24 label? 25 "Send some out to them." There may have been other people 25 Q Just if you could answer the questions. Page 34 Page 36 1 that called me up and said, "Send me a quart of 1260, 1 A The answer is no. 2 1254," and I'd call up Anniston and say, "Send them some." 2 Q Yes, 1 do. 1 definitely want all that on a 3 Q Did Monsanto keep a portion of that sample that 3 label. 4 was sent out to Drinker? 4 MR. CARNEY: How big a label are you going to 5 A 1 can't answer that. 5 have? 6 Q Do you know if Monsanto in sending PCBs to 6 Q (By Mr. McCrea) Not very big. Does this 7 Kimbrough years later kept a portion of the sample and did 7 label give you the early warning signs of systemic 8 any analytical work to determine the chemical content, 8 poisoning? 9 chlorine content, various isomers of PCB, etc.? 9 A No, sir. 10 A Well, there's two questions there. 10 Q Does this label tell you the routes of entry 11 Q Yes, sir. 11 into the body? 12 A First of all, 1 don't know whether they kept a 12 A No, sir. 13 sample or not, and if 1 don't know whether they kept a 13 Q Does this label tell you that PCBs can cause 14 sample or not, 1 don't know whether they did any analytical 14 death? 15 work. 1 don't know if they did any analytical work. 15 A No, sir, it does not. That is never put on 16 Q All right. Dr. Kelly, in direct examination 16 labels. As 1 said earlier in my testimony, we don't put 17 you made reference to Exhibit K-9 through K-18, and I'll 17 that label on aspirin, but aspirin can cause death. We 18 ask your counsel to provide you with those copies. 18 don't put -- People don't put that on iron pills. That 19 A 1 have them. 19 could cause death. 20 Q All right, sir. Will you refer to K-9? 20 Q Will you go to Exhibit K-10? do you know the 21 A Yes, sir. 21 color of the letters on this exhibit? 22 Q What colors where the letters on that warning? 22 A No, sir. 23 A What colors? 23 Q Does this exhibit have a warning sign? 24 Q Yes, sir. 24 A No, it has a caution sign. 25 A 1 don't know. 25 Q Does this have a skull and crossbones? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 33 - 36 LEXOLDMON007058 Page 37 Page 39 1 A No, sir. 1 product? 2 Q Does this exhibit tell you when to stop using 2 A When to stop using it? 3 the product? 3 Q Right. 4 A No, sir, it doesn't. 4 A No, it doesn't tell you when to stop using it. 5 Q Does it tell you that the product is a 5 It tells you how to use it safely. 6 systemic poison? 6 Q You knew if there was irritation of the eyes 7 A No, sir, it doesn't. 7 and throat, 55 was a sign of overexposure? 8 Q Does -- 8 A We tell them to avoid breathing of the vapors 9 A It's not -- the problem -- 9 and if you avoid breathing the vapors, you'll avoid 10 Q Just a second. 10 irritation of the eyes and throat. 11 MR. CARNEY: Let him finish. 11 Q Do you tell them that if you experience 12 A I've got to explain. You were asking me 12 irritation of the eyes and throat, you must stop using this 13 questions that have no relevance to what should be on a 13 product because that is a sign of overexposure? 14 label. What should be on a label is howto avoid any 14 A No. You tell them to avoid breathing it so 15 injury. As 1 said, if you have a gasoline truck you say 15 you don't even get irritation of the eyes. 16 don't smoke around here. You don't say don't smoke around 16 Q Does this tell a person it's a systemic 17 here or you'll blow the truck and yourself up. You say 17 poison? 18 what should be avoided. You say don't smoke there. We say 18 A No, sir, it doesn't because it is not a 19 avoid prolonged or repeated contact with the skin and none 19 systemic poison. It is a -- You have no effects if you 20 of these dire things you're talking about would have ever 20 avoid breathing the vapors, if you avoid contact with the 21 happened. 21 skin. 22 Q (By Mr. McCrea) Does this label give you the 22 Q Does this give the person the early warning 23 early warning signs of systemic poisoning? 23 signs that he is being poisoned? 24 A No, it does not. 24 A First of all, 1 am not sure if what you are 25 Q Does this label tell you the route of entry of 25 talking about, early warning signs, is correct. Tell me Page 38 Page 40 1 the chemical into the body? 1 what you mean by early warning signs. 2 A Well, 1 think it does because it says avoid 2 Q Well, blackheads as was discussed in the 3 prolonged breathing of vapor or fumes and avoid prolonged 3 report where the individual got blackheads which the author 4 or repeated contact with skin. Of course, it doesn't say 4 acknowledged could not be detected by a family physician, 5 don't swallow it, but 1 think industrial workers are quite 5 but were found by an industrial physician. That's what 1 6 intelligent enough to know that you don't go around 6 mean. 7 swallowing industrial chemicals. 7 A The author - First of all, you're misquoting 8 Q Does this tell you that if you breathe it, it 8 that. 9 can contaminate your body? 9 Q Well - 10 A This shows you how to avoid any contamination. 10 A The author did not say - He said the worker 11 It doesn't tell you that if you breathe it. They say don't 11 did not know it. He did not say that a family physician 12 breathe it. 12 had examined the man and had ignored it or had misdiagnosed 13 Q Does this tell you that if you get it on your 13 him. 14 skin it can go through the skin and poison your body? 14 Q Correct. He did not say that a family 15 A No, it tells you how to avoid it. 15 physician had examined him. 16 Q Will you turn to Exhibit K-11? 16 A That's correct. 17 A Yes, sir. 17 Q But he did state that this is a symptom that 18 Q Do you know what color the letters were on 18 would probably by missed by a family physician. 19 this exhibit? 19 A 1 don't think he said that. 20 A No, sir. 20 Q All right. We'll check the record. 21 Q Does this contain the word warning? 21 A Well, let's do it now. 22 A No, sir, it contains caution. 22 Q We'll check it later. Does this state that 23 Q Does this contain skull and crossbones? 23 the routes of entry of the chemical into the body? 24 A No, it does not. There's no need for it. 24 A It states it by saying obviously if you avoid 25 Q Does this tell you when to stop using the 25 breathing of the vapors, that means to a worker that if Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 37 - 40 LEXOLDMON007059 Page 41 Page 43 1 you're breathing something, that's a route of entry and if 1 one. 2 it's on the skin, that's a route of entry. 2 (Thereupon, a short recess was taken. The reporter 3 Q Where does it say that if it gets on the skin 3 marked Plaintiffs Deposition Exhibit Seven, for 4 it can get in your body? 4 identification.) 5 A It doesn't say that, but I'm sure that a 5 Q (By Mr. McCrea) Dr. Kelly, during the break 6 worker is intelligent enough to look at this and say avoid 6 did you have a discussion with your attorneys about your 7 prolonged contact with the skin. Why are you putting that 7 testimony? 8 on there? You're putting it on there to tell them the 8 A No, sir, just about the exhibit. 9 material can be harmful if allowed to remain on the skin. 9 Q All right. What did your attorneys say to you 10 Q To the inside of your body? 10 and what did you say to them? 11 A Well - 11 A 1 said 1 have quite a few faults to find with 12 MR. CARNEY: I'm going to object, lobjectto 12 this particular exhibit. 13 the form. You're asking him to speculate on what an 13 Q All right, sir. What faults do you find? 14 unnamed worker might or might not think when reading this. 14 A First of all, it is not statistically 15 Q (By Mr. McCrea) You may answer. To the 15 significant. The size, if you notice that she - Well, 16 inside of your body? 16 first of all, 1 might say this is by Zack and Musch and 1 17 A Well, 1 think if the worker sees a statement 17 mean, 1 guess it should be as adapted by McCrea because 18 saying avoid prolonged contact with the skin, he will 18 this really isn't her table. 19 figure out that if 1 do have prolonged contact with the 19 MR. CARNEY: I'm going to object just for the 20 skin, something bad is liable to happen to me. 20 record to using Exhibit Seven which has the caption that 21 Q To his body? 21 it's by Zack and Musch and 1 believe has a different, an 22 A Well, to him anyway. 22 additional column on it that wasn't a part of their exhibit 23 Q To the inside of his body? 23 and also some additional information on the bottom half of 24 A Well, he may think that and he may not. 24 it that wasn't on the exhibit of Zack and Musch, so it's, 1 25 Q Does this explain that death can result? 25 would object to the use of it because of that. Page 42 Page 44 1 A No, sir, it does not. 1 Q (By Mr. McCrea) What other faults did you 2 MR. CARNEY: I'm going to object to that last 2 find? 3 question, no evidence that death has ever resulted from PCB 3 A Well, let me repeat. First, the numbers are 4 intake, and the doctor has testified to that on several 4 not significant because if you go through the body of a 5 occasions. 5 report, she has only found one statistically significant 6 A Well, I've testified to that on the previous 6 figure in the mortality studies. That was for 7 label. 7 non-arteriosclerotic heart disease. 8 Q (By Mr. McCrea) Dr. Kelly, would you turn to 8 Number two, she has not, this particular table has 9 the Zack-Musch study? Do you have that, Counsel? 9 not made any mention of compounding factors, age of these, 10 MS. RUTTER: Was it one of your exhibits? 10 different age groups is not in there. In other words, 11 MR. McCREA: It was, 1 believe. 1 think it 11 people who worked there less than one year, one would 12 was number two. 12 presume they are younger than people who worked there more 13 MS. RUTTER: Five. 13 than five years and if you don't pay, take that into 14 Q (By Mr. McCrea) Number five. Dr. Kelly, will 14 account, that is a very large confounding factor, but the 15 you turn to table three of the study? 15 main point is it is not statistically significant and 16 A Yes, sir. 16 that's the fallacy in these small studies or picking one 17 Q What is dose response? 17 table. 18 A Dose response is the effect or the result of 18 If 1 went to Parkview High School and had 100 19 varying quantities of the material. In other words, if you 19 teachers, 1 might very well come out with an expected death 20 give twice as much of the product, you ought to have an 20 of 25 as observed 37, but then if 1 went up to Lindbergh 21 increase in the effect. 21 High School, 1 could come out with the same figures 22 Q What if you are exposed twice as long? 22 reversed. So you have to have a significantly, 23 A That's the same. If you were exposed and 23 statistically significant excess of whatever you're looking 24 under conditions where you would absorb it, yes. 24 for and that she has not said, but she's admitted that the 25 MR. McCREA: We ready for a break? Let's take 25 only figures that she has that are statistically Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 41 - 44 LEXOLDMON007060 Page 45 Page 47 1 significant in her entire paper is that due to 1 A Yes, that's correct. 2 arteriosclerotic, non-arteriosclerotic heart disease. 2 Q On a bell-shaped curve? 3 Q Dr. Kelly, what numbers does it take from a 3 A Yes, sir. 4 epidemiological point of view to establish an association 4 Q Dr. Kelly, will you refer to Plaintiff's Exhibit 5 between chemicals and death on the basis of probability 5 Seven? 6 more likely than not? 6 A Yes, sir. 7 A It depends on the thing you're looking for. 7 Q 1 have added two columns to the information on 8 If you had a hemangiosarcoma of the liver from vinyl 8 table three. 1 have added ratio of living to dead, column 9 chloride, if you had three or four of those in 100 people 9 four, and percent deceased, column five? 10 and it only occurs once in 2,000 someplace else, that might 10 A Yes, sir. 11 very well be statistically significant, but if you're 11 Q Do you agree that-- 12 talking about plain mortality, you need more than 89 12 MR. CARNEY: Let me object. You've added more 13 because that's what Zack said. She said they were not 13 than that. 14 statistically significant. 14 Q (By Mr. McCrea) Please, would you let me 15 Q Doctor, my question was unclear. 15 finish my question? Would you agree that the column one is 16 A Was what? 16 exactly the same as table three, years of exposure to PCBs? 17 Q My question was unclear. Let me clarify it. 17 MR. CARNEY: I'm going to object to that. I'm 18 In doing on epidemiological survey, a study, what numbers 18 looking at the tables and, you know, it's not exactly the 19 are required to prove it's statistically significant? What 19 same. 20 numbers are required? Can you explain that to the jury? 20 MR. McCREA: Well, what's different? 21 A 1 just did. It depends on the rarity. 21 MR. CARNEY: Well, there's, it says less than, 22 Q No, the actual numbers. 22 the words less than appear. There's a -- rather than a 23 A No, 1 don't know how many. 23 symbol. 24 Q What numbers are required from an 24 MR. McCREA: Does the symbol in front -- 25 epidemiological point of view to prove not that it's 25 MR. CARNEY: That's several other changes, so Page 46 Page 48 1 statistically significant, but that it's more likely than 1 1 object. 1 think the documents speak for themselves, but 2 not, i.e., probable? Do you know? 2 when you say exactly the same, there are three or four 3 A No, 1 don't, but that is not, probable it not 3 differences in the column in Exhibit Seven and table three 4 the term used by epidemiologists. 4 when you're asking exactly. 5 Q But probable is the term used in a courtroom. 5 Q (By Mr. McCrea) Dr. Kelly, will you look at 6 MR. CARNEY: Well, I'm going to object to 6 table three? 7 that. 7 A Which one? 8 MR. McCREA: I'll withdraw the statement. 8 Q In the Zack-Musch draft study or final report. 9 A Well, 1 also - 9 It doesn't matter because they're both the same. 10 MR. CARNEY: 1 think you're trying to tell the 10 A Yes, sir. 11 jury what the law is and 1 think the judge is the person 11 Q Your attorney suggests that the first three 12 who will tell the judge what the law is. 12 columns in Plaintiffs Exhibit Seven are different from the 13 MR. McCREA: Stipulated, and 1 withdraw the 13 first, from the first three columns in table three. Do you 14 comment. 14 see any differences? 15 A And 1 also will say 1 have never seen the term 15 MR. CARNEY: Well, let me - First of all, I'm 16 probable used in an epidemiological statement, study. 16 going to object to asking this witness to compare these two 17 Q (By Mr. McCrea) All right. But there is a 17 but, you know, the headings are different if you want to 18 difference between the standard to establish that something 18 read the headings. The words are different. I'm not 19 is statistically significant. That's a very high standard, 19 saying there's any material difference. I'll just saying 20 is it not? 20 when you ask if it's the same thing, it's not the same, and 21 MR. CARNEY: Well, I'm going to object to 21 1 think the documents will speak for themselves. 22 that, object to the form of the question. 1 don't know 22 Q (By Mr. McCrea) Doctor, do you see any 23 what you mean by very high. 23 differences in the first three columns of Plaintiffs 24 Q (By Mr. McCrea) It requires a 95 percent 24 Exhibits Seven and the first three columns of table three? 25 confidence interval. Is that correct? 25 A Yes, because in table three it says "Average Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 45 - 48 LEXOLDMON007061 Page 49 Page 51 1 Length of Exposure." You don't seem to have that on yours. 1 the same. Some of the numbers are the same, but some of 2 Q What was it referring to? 2 them, the captions are different and you have additional 3 A It was referring to years of exposure. 3 columns. 1 don't see the 20 percent 1 don't see the 37.that 4 Q To what? 4 percent. 1 don't see the 40 percent. 1 don't see the 42.8 5 A To polychlorinated byphenyl. 5 percent. 6 Q All right. So should we put on the first 6 MR. McCREA: That's because it's not on it. 7 column average years of exposure to PCBs or how would you 7 MR. CARNEY: 1 agree. They're not the same 8 change that? 8 documents and that's why 1 object to it. You're trying -- 9 A Well, 1 didn't mean, what do you want to change? 9 you've got a caption here that this is a Zack and Musch 10 What are you trying to prove with this? 10 table, and 1 disagree with you. It isn't a table. 1 don't 11 Q Well, your attorney says that my chart and 11 see that table, Exhibit Seven, in the Zack and Musch 12 table three aren't same. 12 document, so I'm objecting to it. 1 think it's misleading. 13 A Well, they aren't. Here they are. You can 13 Q (By Mr. McCrea) And we agree. Dr. Kelly, 14 look at them. It says different. 14 would you turn to table three? 15 Q What's different? 15 A Yes, sir. 16 A This has average length of exposure for the 16 Q Let me have the exhibit. We'll do this the 17 living people, 3.2 years; for the deceased, 3.7. That does 17 hard way. In table three of the Zack and Musch study, what 18 not seem to appear on yours. 18 does column one indicate? 19 Q Dr. Kelly, we're not talking about that. 19 A Years of exposure. 20 We're talking about column one, two and three. 20 Q To what? 21 MR. CARNEY: Well, he's looking at column one. 21 A To PCBs. 22 1 also notice that it's, the heading, the column one says 22 MR. CARNEY: Which column? Are you asking him 23 "Years of Exposure to PCBs" on yours and it says "Years of 23 to read the caption of table three? 24 Exposure" with an asterisk, so they're different words. 1 24 A Table three. 25 mean, the columns, they're not the same. That's all. 25 MR. McCREA: Right. Page 50 Page 52 1 They're different words used. The second column, the 1 MR. CARNEY: In Zack and Musch? 2 heading ask "Living Workers" on Exhibit Seven and it says 2 MR. McCREA: Right. 3 "Living (N equals 58)" on the top of the second column. Do 3 A Yes. 4 you agree that those deferences occur. 4 MR. CARNEY: Okay. And you're asking him to 5 MR. McCREA: No, those are exactly the same. 5 read the top? 6 Living workers on column two are the same as the living 6 MR. McCREA: Right. 7 workers in column two on my chart. Add these up. 20 and 7 MR. CARNEY: Okay. Read the top. 8 20 is 40 and 6 is 46 and 12 is 58. 8 MR. McCREA: He just did. 9 MR. CARNEY: 1 didn't say the numbers were 9 A Duration of exposure to polychlorinated 10 different. 1 said the caption of the column has different 10 byphenyl by vital status. 11 words. You asked if the columns are the same, and again 1 11 Q (By Mr. McCrea) Right. And then column one 12 repeat, the documents speak for themselves, but they aren't 12 is what? 13 the same. 13 A Years of exposure. 14 MR. McCREA: Is there any substantial 14 Q To what? 15 difference? 15 MR. CARNEY: Are you asking him to read it, or 16 THE WITNESS: You asking me? 16 are you asking -- 17 MR. McCREA: No. I'm asking your attorney if 17 A Polychlorinated byphenyls. 18 he has any objection to my -- 18 Q (By Mr. McCrea) What does the first -- 19 MR. CARNEY: 1 do have an objection to it 19 MR. CARNEY: 1 object. Well, I'm going to 20 because there are substantial differences in Exhibit Seven 20 object. Again these documents speak for themselves. 21 and table three of the Zack and Musch. You've got extra 21 They're - you can -- 1 don't know why having this witness 22 columns. You've got -- You've got four lines at the bottom 22 read what's in these documents is germane. 23 that are not at all contained, that 1 see, in table three. 23 MR. McCREA: Any more objections? 24 There's additional information. There's changed 24 MR. CARNEY: No, not at the - 25 information. There are some - There are things that are 25 Q (By Mr. McCrea) What does the sign in front Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 49 - 52 LEXOLDMON007062 Page 53 Page 55 1 of the one mean? 1 MR. CARNEY: Well, let me, Dr. Kelly - 2 A Less than one. 2 MR. McCREA: I'd be happy to explain my 3 Q And is that what is on Plaintiff's Exhibit 3 position. 4 Seven? 4 MR. CARNEY: 1 don't -- This is a deposition 5 A Yes, sir. 5 of Dr. Kelly and you can testify. If you want to go under 6 Q What does one to three mean below? 6 oath and be deposed, that's fine. 7 A One to three years of exposure. 7 Q (By Mr. McCrea) Dr. Kelly - 8 Q Is that the same as Plaintiffs Exhibit seven? 8 MR. CARNEY: But if you're not, 1 think you 9 A Yes. 9 ought to limit yourself to questions of Dr. Kelly. 10 Q What does three to five mean? 10 Q (By Mr. McCrea) Dr. Kelly, the living workers 11 A Three to five years of exposure. 11 in column two on table three of Zack and Musch? 12 Q Is that the same as Plaintiffs Exhibit Seven? 12 A Yes, sir. 13 A Yes, sir. 13 Q Is there any difference between that column 14 Q What does the indicator in front of five mean? 14 and my column? Is there any difference? 15 A It means greater than five years. 15 A Above the line there isn't any. You have 16 Q Would that be the same as more than five? 16 omitted the 3.2 below the line. 17 A Yes, sir. 17 Q That's true. 1 omitted that. 1 omitted that; 18 Q And is that the same as Plaintiffs Exhibit 18 all right? 19 Seven? 19 A Yes, sir. 20 A Yes, sir. 20 Q 1 didn't think it meant anything. Does it 21 Q Column two? 21 mean something? 22 A Well, just a moment before we run off column 22 A Yes, it means quite a bit to me. 23 one. You have neglected to say what the average length of 23 Q What's it mean? 24 exposure is and that's pretty important because it's 3.2 24 A It means that there is no significant 25 years for the individuals who are living. You don't have 25 difference in the amount of exposure to the living and the Page 54 Page 56 1 that on your adaptation of the chart. 1 dead people. 2 Q I'd be happy to include that. This study -- 2 Q Overall? 3 A Fine. 1 think that's very important. 3 A Yes, overall. 4 Q This study shows that the workers who were 4 Q Right. Except that the deceased had another 5 living had 3.2 years of exposure, that the workers who were 5 half year of exposure? 6 dead had 3.7 years of exposure, that the workers who were 6 A That still doesn't mean anything. 7 dead had 5/10 of a year more exposure than the living? 7 Q Okay. 1 agree with that. 8 A That doesn't mean a thing, absolutely nothing. 8 A All right. Fine. Let's get on. 9 It - 9 Q All right. Now, is there any difference in 10 Q 1 didn't say it did. 10 column two between Zack and Musch's chart and my chart? 11 MR. CARNEY: Just a minute. Let him finish. 11 MR. CARNEY: Other than what he said already? 12 A You certainly are implying that it means 12 A We're on two? 1 thought we went over two. 13 something. 13 Q (By Mr. McCrea) No, living workers. Is there 14 Q (By Mr. McCrea) What? 1 didn't - 14 any difference there? 15 A That's why you're bringing it up. 15 MR. CARNEY: Other than what he's already 16 Q Did 1 include it on my chart? 16 covered or do you want him to repeat himself? 17 A For the reason that it doesn't mean anything, 17 Q (By Mr. McCrea) No, no. And other than what 18 yes, you didn't want it on your chart, 1 believe. 18 you've already covered which is that on my chart, 1 do not 19 Q I'd be happy to put it on the chart. You're 19 inform this jury that these workers had 3.2 and 3.7 years 20 the one that said it doesn't mean anything. 20 of exposure. 21 A Why didn't you put it on before? It doesn't 21 A Okay. Fine. 22 mean anything in support of your position and your position 22 Q I'd be happy to put that on there if 1 thought 23 -- Let's hear what your position is first while you're 23 it meant anything. 24 bringing this out. 24 A It's not my chart. 25 Q My position is -- 25 Q All right. Do you think 1 should put it on Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 53 - 56 LEXOLDMON007063 Page 57 Page 59 1 there? 1 that mean? That's the number of living and deceased? 2 A It's up to you. It's not -- 2 A No. Look, it does not, but what I'm saying 3 MR. CARNEY: Well, 1 don't know that it's a 3 it that this vital status means, refers to all three of 4 matter of what -- 4 these groups, the living, the dead and the unknown. It 5 A 1 think so, yes, you should. 5 does not just refer to the dead people. Living people are 6 MR. CARNEY: All I'm saying is if you're 6 still a vital statistic. 7 trying to replicate the Zack and Musch chart, my only point 7 Q Dr. Kelly, 1 stand corrected. You're exactly 8 is you should have put it there exactly. That's my only 8 right. 9 point. You've put -- A lot of the numbers there are exact. 9 A Okay. All right. Good. Let's get on. 10 MR. McCREA: Thank you. 10 Q Okay. Linder this column then, the only word 11 MR. CARNEY: But there are some changes in the 11 that specifically applies to that column is the word 12 chart and that's my only quarrel is to give the wrong 12 deceased? 13 impression that this is a Zack and Musch chart. 13 A That's correct. 14 MR. McCREA: That's why we have redirect 14 Q All right, sir. And on my column, instead of 15 examination, isn't it? 15 the word deceased, 1 put dead workers. Is that the same? 16 MR. CARNEY: But 1 have a right to object. 16 A Well, it refers to the people who are dead or 17 You're using an exhibit that 1 think is misleading. 17 deceased, right. 18 Q (By Mr. McCrea) Okay. All right. Now, 18 Q And under that column we have the number five, 19 Doctor, we're spending an awfully lot of time on this. 19 five dead workers who worked there less than a year? 20 Doctor, in column two, are there any differences in the 20 A Yes, sir. 21 figures other than 1 don't have (N = 58)? You don't see 21 Q Correct? 12, 12 dead workers who worked there 22 that on my chart, do you? 22 one to three years? 23 A No, sir. 23 A Yes, sir. 24 Q But my numbers are exactly the same? 24 Q Four dead workers, three to five, and nine 25 A Yes, sir. 25 dead workers, greater than five? Page 58 Page 60 1 Q And they don't have the word workers on 1 A Yes, sir. 2 theirs, do they? 2 Q My numbers are the same as Zack and Musch? 3 A No, sir. 3 A Yes, sir, with the exception of the 3.7 below 4 Q And 1 added the word workers? 4 the line. 5 A Yes, sir. 5 Q Stipulated. 6 Q Other than that, are the numbers exactly the 6 A All right. Fine. 7 same? 7 Q Now, they have a column "Unknown"; correct? 8 A The numbers are the same. 8 A Yes, sir. 9 Q Thank you. Now, on the next column it says 9 Q And 1 did not include that on my chart, did 1? 10 "Vital Status deceased." Is that correct? 10 A No, sir. 11 A 1 think vital status refers to all the 11 Q All right, sir. Now, they have a total on the 12 columns. It doesn't refer just to the deceased. A person 12 right-hand side; correct? 13 living is a vital statistic. 13 A Yes, sir. 14 Q Doesn't that mean the number of dead workers? 14 Q Ask 1 did not include that on my chart, did 1? 15 A It also means the number of living. The vital 15 A No, sir. 16 status of these workers, 20 are living and five are dead. 16 Q All right, sir. Now, on my chart 1 added two 17 Q And this column, "Vital Status deceased," 17 columns which do not appear on the Zack-Musch chart, fair, 18 vital status deceased 1 say means dead workers. Is that 18 "Ratio Living to Dead"? 19 what it means? 19 A 1 don't know what you mean by fair. It's on 20 A No, that isn't what it means.that -- The vital 20 here. 1 don't know if it's fair or not. 21 status of this group is 89 shows 558 are living, 30 are 21 Q It doesn't appear on Zack and Musch? 22 dead, one is unknown. The vital status refers both to 22 A That's correct. 23 living, deceased and unknown. It does not just refer to 23 Q And 1 added a column, "Ratio Living to Dead." 24 deceased. 24 That doesn't appear anywhere on Zack and Musch? 25 Q Well, when the number five appears, what does 25 A No, sir. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 57 - 60 LEXOLDMON007064 Page 61 Page 63 1 Q And under that for less than one year, 1 said 1 A Well, it looks pretty close. 1 mean, you want 2 that the ratio of living to dead was four living to one 2 me to divide it? I'll take your word for it that this is 3 dead. That's the ratio. 3 mathematically correct. 4 A Yes, sir. 4 Q And if it shows up it's not mathematically 5 Q Is that accurate? 5 correct, That's easily determined; correct? 6 MR. CARNEY: Well - 6 A Yes. 7 Q (By Mr. McCrea) Is 20 to five a ratio of four 7 Q And "Observed Deaths," 33.7 percent? 8 to one? 8 A Yes, sir. 9 MR. CARNEY: 1 don't know what you mean by 9 Q All right, sir. Now, I'd like to at this time 10 accurate you know. It's -- Four to one is the same as 20 10 show this chart to the jury in the videotape which 1 11 to five, but again 1 think you've got a chart with columns 11 prepared which is marked as Plaintiff's Exhibit Seven and 12 that Zack and Musch didn't have which you've agreed to now, 12 I'll ask the, if that is, you can raise your hand when you 13 and 1 think the fact is 1 don't see anything about the age 13 That's in focus. 14 of these people, for example, and That's just one thing to 14 MR. CARNEY: While we're focussing, 1 just want 15 -- 1 think if the people that worked less than one year 15 to object again for the record. Now you're showing this 16 were 25 years older or 25 year younger, the percentages 16 chart to the jury and 1 think again it's misleading to 17 would be different. So 1 don't see any relevance to your 17 characterize it as a Zack and Musch chart which is the way 18 ratios. They mean nothing without more information. They 18 you've labeled it, a "Monsanto PCBs Mortality Study of 19 mean absolutely nothing, so 1 object to even using them. 19 Monsanto Workers by Zack and Musch" when, in fact, this is 20 A Is there a question? 1 lost the question 20 a David McCrea chart where some of the information on Zack 21 someplace along the line. 21 and Musch chart is in there and most of the information is 22 Q (By Mr. McCrea) Doctor, is, in column four, 22 additions that Mr. McCrea has put on it. 1 think if you 23 are those ratios correct? 23 had labeled it the McCrea table, it would be more accurate. 24 A They're mathematically correct, yes, sir. 24 Q (By Mr. McCrea) So stipulated. McCrea table. 25 Q All right, sir. Then column five, "Percent 25 Dr. Kelly, are these figures accurate? Page 62 Page 64 1 Deceased," is that an accurate percentage of the deceased 1 MR. CARNEY: 1 don't know what you mean by 2 workers? If there were 25 total workers and you have five 2 accurate. 3 that are deceased, is that the 20 percent? 3 Q (By Mr. McCrea) Are these the same as Zack 4 A Yes, sir. 4 and Musch is all 1 want? 5 Q If there were 32 total workers and 12 are 5 A Yes. 6 deceased, is that 37.that percent? 6 Q "Living Workers," are those the same as Zack 7 A Yes, sir. 7 and Musch? 8 Q If there were ten total workers and four are 8 A Yes, sir. 9 deseased, is that the 40 percent? 9 Q "Dead Workers"? 10 A Yes, sir. 10 A Yes, sir. 11 Q If there were 21 total workers and nine are 11 Q Are those the same as Zack and Musch? 12 deceased, is that 42.8 percent? 12 A Yes, sir. 13 A Yes, sir. 13 Q "Ratio," are those mathematically correct? 14 Q Now, doctor, 1 make this statement on 14 A Yes, sir. 15 Plaintiff's Exhibit Seven, "Percentage of deceased workers 15 Q "Percent deceased," is that correct? 16 compared to living workers increased with years of PCB 16 A Yes, sir. 17 exposure (dose response)." Is that a fair statement based 17 Q "Expected Deaths," is that correct? 18 on this chart? 18 A Yes, sir. 19 A No, it isn't at all. 19 Q "Observed Deaths," is that correct? 20 MR. CARNEY: Objection to form. 20 A Yes, sir, but -- Those are all correct, but 21 A It's absolutely ridiculous. 21 you have left out a very important set of figures, average 22 Q (By Mr. McCrea) All right. Below that we 22 length of exposure, 3.2 years for living and 3.7 years for 23 have "Expected Deaths," 22.88 of 89 is 25.6 percent? 23 the deceased. 24 A Yes, sir. 24 Q All right, sir. 3.2 for the living and 3.7 25 Q Is that math correct? 25 for the deceased? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 61 - 64 LEXOLDMON007065 Page 65 Page 67 1 A That's correct. 1 Q No, Zack and Musch? 2 Q Now, would you explain that to the jury? 2 MR. CARNEY: Yeah. Well, you've asked him 3 A Explain what? 3 this and 1 think we agreed this is the McCrea table. 4 Q 3.2 years and 3.7? 4 MR. McCREA: Well, I'd be happy to make it 5 A Explain what, the figures? 5 available to the workers through the United States 6 Q What those mean? 6 because 1 think they deserve to know it, but the fact of 7 A They represent that the individuals who were 7 the matter is the Zack-Musch study was never published. 8 living had worked three, on average of 3.2 years. Those 8 A No, it was not. 9 individuals who are deceased had worked an average of 3.7 9 MR. CARNEY: Objection. You've covered that 10 years, but the figures themselves are meaningless because 10 in length, Mr. McCrea. This is very repetitive. 11 it does not - First of all, it is such a small difference 11 Q (By Mr. McCrea) Do you know why it was not 12 in such a small group that any epidemiologist would laugh 12 published? 13 at it because it is not at all significantly, statistically 13 A No, sir, but it was certainly made available 14 significant. 14 to an awful lot of people because I've seen it referred to 15 Q These numbers? 15 in numerous articles. 16 A That is correct. Number two, it does not 16 Q Dr. Kelly, I'm going to hand you one more 17 account at all for the age of the individual groups, and if 17 exhibit that I've prepared. We'll this the McCrea 18 you don't account for the age of people, 1 don't see how 18 chart; all right? 1 didn't know 1 would receive so much 19 you can say, how you can even think of correlating a work 19 notoriety. 20 exposure when you don't know whether the people who worked 20 MR. CARNEY: Can 1 take a look at the McCrea 21 less in one year were different in age than the people who 21 chart? Do you have an extra copy? This is Exhibit - 22 worked over five years because advancing age is certainly a 22 (Thereupon, the reporter marked Plaintif's Deposition 23 very important thing in deaths. 23 Exhibit Eight, for identification.) 24 MR. CARNEY: And I'll stipulate, Mr. McCrea, 24 Q (By Mr. McCrea) Dr. Kelly, 1 hand you what 25 that people that are in their 70s, you're going to have a 25 the court reporter has marked Plaintiffs Exhibit Eight Page 66 Page 68 1 higher incidence of death in that group than people in 1 which we have indicated is the McCrea chart hopefully to 2 their 30s or 40s. Would you agree with that? 2 avoid a lot of objections. Now, what 1 did was go through 3 MR. McCREA: 1 would agree with that and 1 3 the Zack-Musch draft study which is part of the Plaintiff's 4 would think it would also be likely that if a person was in 4 Exhibits, what number? 5 his 70s, he would be less likely, he would be more apt to 5 MS. RUTTER: five. 6 work fewer years than somebody in his 20s. Would you 6 Q (By Mr. McCrea) Five, and 1 listed what 1 7 stipulate to that? 7 call the sign, symptom or condition that they referenced in 8 MR. CARNEY: If somebody was in their 70s, 8 the study which was reported in the literature. Then 1 9 they would have worked? 9 went through the final study and 1 added symptoms in the 10 MR. McCREA: They would be more likely to work 10 final report which were not in the draft study. What 1 11 less years than somebody who was in their 20s. Would you 11 would like for you to do very simply is look at the 12 stipulate to that? 12 Zack-Musch draft study and see if Zack and Musch reference 13 MR. CARNEY: No, 1 wouldn't because I'd say 13 on page three, paragraph two, chloracne as having been 14 the older person probably, if anything - We don't know. 14 reported in studies to which they rely. If you would, sir, 15 We're all guessing, and that's why this chart is 15 go to the draft study. 16 meaningless, but my opinion would be an older man or woman 16 A This is a draft study of a study that has 17 would probably have worked more years because they're 17 never been published. Is that what you're saying? 18 older. That would be my guess, but again since we don't 18 Q Correct. 19 know the ages of these people, showing them a chart and 19 A Oh. Now, you want me to look on page three? 20 having a difference of six deaths when you don't know what 20 Q Page three, paragraph two, and 1 want you to 21 the ages were of the people is irrelevant and misleading 21 see if on page three, paragraph two on the draft study Zack 22 and doesn't prove anything. 22 and Musch reference chloracne as having been a reported 23 Q (By Mr. McCrea) Okay. Dr. Kelly, this 23 condition. 24 information was never published; correct? 24 MR. CARNEY: Okay. 25 A Yours? 25 Q (By Mr. McCrea) As a result of exposure to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 65 - 68 LEXOLDMON007066 Page 69 Page 71 1 PCB. 1 like lesions aren't in the article at page three, paragraph 2 MR. CARNEY: Let me object here. You've got 2 three, then we'll correct it. 3 now a three page questionnaire with three main columns and 3 MR. CARNEY: And you know, this is the first 4 1 would say we're talking about somewhere in the order of 4 time -- Just two minutes ago when you just handed this to 5 50 to 60 questions, and as 1 see it, what you're asking him 5 me is the first time I've seen it, but 1 think to save the 6 to do on each of these 50 or 60 questions is to identify 6 time of the jury, we can handle something like this and 1 7 whether something is referenced in an article. 7 will agree that if chloracne appears on page three, 8 Now, we have the article. It's Exhibit Five -- or the 8 paragraph two, 1 will agree to it. In fact, we have the 9 report. It's in evidence, and if it says, if it has the 9 article. We can show the jury the article if necessary, 10 word chloracne on page three, paragraph two, it has it. If 10 but 1 think the taking the time to do this now would, 1 see 11 it doesn't have it, it doesn't have it. 1 don't know that 11 no purpose in it other than to spend a lot of time. 12 we'd want to waste the jury's time going through and asking 12 MR. McCREA: 1 will stipulate to that, and at 13 Dr. Kelly to confirm that a certain word appears at a 13 some future date you and 1 can sit down and compare this 14 certain page in a multipage report. 1 don't think that 14 chart to the article. Dr. Kelly, it won't be necessary to 15 helps the jury at all. 15 address those questions. Could we locate Plaintiff's 16 MR. McCREA: Well, 1 think it helps. 16 Exhibit Two which was a one page article, 1 believe? No, 17 MR. CARNEY: The document we have and we can, 17 that's not it. It was - Correct. Could you hand that to 18 if you want to ask a quiz -- Are you giving a quiz to the 18 Dr. Kelly? 19 doctor as to whether he can find the word and how long it 19 MR. CARNEY: Sorry. What exhibit now? 20 takes him? You know, the word is either in there or it 20 MR. McCREA: Plaintiff's Exhibit Two. 21 isn't in there, and so 1 object to going through and 21 MS. RUTTER: One. 22 wasting more time in having this Dr. decide whether a 22 MR. McCREA: That'snumber one? 23 word appears in the page, in the paragraph that you say or 23 MS. RUTTER: Yes. 24 not. 24 Q (By Mr. McCrea) All right. What's the caption 25 MR. McCREA: Will you sit down with me, Mr. 25 on that at the top for identification purposes, Dr. Page 70 Page 72 1 Carney, and confirm if these what 1 call signs, symptoms 1 Kelly? 2 or conditions are referenced by Judith Zack and David 2 A "Section IV, Health Effects of PCBs and PCDF 3 Musch in the draft study, and if so, will you agree to that 3 Mixtures." Where'd it come from? 4 so that 1 can present this chart to the jury at trial? 4 Q It came from - I've been through that and 1 5 MR. CARNEY: 1 will agree to respond to the 5 will try and track that down and if and when, Dr. Kelly, 1 6 fact that you've asked interrogatories in request for 6 do, 1 will send you the entire article. 7 admissions. I've answered on, or not -- 1 haven't answered 7 A Fine. 8 it, but my client, Monsanto, has answered extensive 8 Q But 1 think it's indicated it's an EPA 9 questions. If you want to ask this particular question, 9 publication? 10 we'll respond to it so that we can save the time. That way 10 A 1 don't see any indication right here that it 11 we can get it down and we won't take up the jury's time in 11 is. 12 going through this because this is something that's either 12 Q Well, 1 don't, either; all right? So 1 13 there or it isn't. 13 honestly don't know. 14 MR. McCREA: This simplifies matters for the 14 A Okay. 15 jury because this places in front of them all the signs, 15 Q All right, sir? 16 symptoms or conditions referenced in 1979 by Judith Zack 16 MR. CARNEY: Why don't we just call it a one 17 and David Musch which said signs, symptoms or conditions 17 page document because I'm not sure it's an article. 18 were reported in the literature which they reviewed. It's 18 MR. McCREA: I'm not either. 19 a simplification for the jury. 19 A Well,it's sectionfour out of something. 1 20 MR. CARNEY: Well, I'd be glad - 20 don't know what section three or what the rest, how many 21 MR. McCREA: 1 simply want Dr. Kelly - It's 21 other pages are there, but go ahead. 22 not a quiz of Dr. Kelly. 22 Q (ByMr. McCrea) Yes, and -- All right. 23 THE WITNESS: You talking to me now? 23 Dr. Kelly, at the bottom of that -- 24 MR. McCREA: Yeah, I'm talking to you. 1 24 MR. CARNEY: Before you ask the questions, 1 25 just simply want him to confirm the accuracy, and if acne 25 don't want to have to interrupt. 1 think 1 had an Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 69 - 72 LEXOLDMON007067 Page 73 Page 75 1 objection to the use of this document because we don't have 1 Q Does the camera have that? Thank you. Dr. 2 the pages before it or after it or know what it is or the 2 Kelly, are you familiar with a book called "Harrison's 3 date, and if 1 could have that as a standing objection on 3 Principles of Internal Medicine". 4 this document. 4 A Yes. 1 mean, familiar -- You mean 1 can quote 5 MR. McCREA: 1 will stipulate all objections 5 things out of it? 6 which were made earlier carry over to any questions asked 6 Q No, no. 7 at this point in time. 7 A 1 know the book certainly. 8 MR. CARNEY: Okay. 8 Q Is it reputable? 9 Q (By Mr. McCrea) All right, sir. Dr. Kelly, 9 A Yes. 10 down at the bottom of the page there is a footnote 10 Q Authoritative? 11 reference, and would you read that footnote reference? 11 A Yes. 12 A "A recent analysis of Yusho patient data put 12 Q Did you use it when you were in the practice 13 this figure" -- let's see what the figure is -- "at .6 13 of medicine? 14 milligrams (26 p. 291)." 14 A Yes. 15 Q All right, sir. 15 (Thereupon, the reporter marked Plaintiffs 16 A 1 don't exactly know what that means. 16 Deposition Exhibit Nine, for identification.) 17 Q And nor do 1. Dr. Kelly, .6 milligrams, would 17 Q (By Mr. McCrea) Dr. Kelly, 1 do not have the 18 you multiply that number by 10,000 tell me what that 18 book with me, but I've an excerpt from the book which 1 19 equals? 19 will represent to you is accurate and it can be cross 20 MR. CARNEY: Let me object while the math is 20 checked to the book itself. 1 would like to hand you 21 being done. We've got a .6 milligrams number out of a 21 Plaintiff's Exhibit -- What number is that? 22 document that we haven't, we don't know where it came from 22 MR. CARNEY: Nine. 23 or what it is and we do have, though, we've had introduced 23 Q (By Mr. McCrea) Nine which 1 represent to you 24 in evidence and the doctor's discussed the article about 24 is a verbatim quotation from "Harrison's Principles on 25 Yusho which 1 think would be, since they've been 25 Internal Medicine," 1980 edition, and then 1 would like to Page 74 Page 76 1 authenticated as published articles, would be more 1 ask you to read that and if you a agree with the statement. 2 authoritative to get the one number that you put up there. 2 MR. CARNEY: Let me object here before we hand 3 A By the way -- 3 the document to the doctor. Exhibit Nine is two sentences 4 MR. CARNEY: So 1 object to the building on a 4 purportedly out of a medical book. 1 assume it's a two 5 number that we haven't been able to authenticate. 5 inch or a one inch or maybe a three or four inch book. 6 Q (By Mr. McCrea) Dr. Kelly, what does that 6 THE WITNESS: At least three inches. 7 equal? 7 MR. CARNEY: A three inch book. We've got two 8 A 6,000 milligrams. 8 sentences here on a page, and number one, we have no way of 9 Q And how much of an ounce is 6,000 milligrams? 9 verifying that these sentences appear in there, but I'm not 10 A Fifth of an ounce. 10 saying they don't. 1 would assume - 11 Q O-u-n-c-e? 11 MR. McCREA: That's stipulated. 12 A Or O-z if you want it. 12 MR. CARNEY: - if you say they do, they do, 13 Q O-u-n-c-e is correct? 13 but what we do know is we don't know what comes after it or 14 A Yes. 14 before it and we've seen - We're pulling out a sentence in 15 Q O-u-n-c-e? 15 a long 15 page document. Sometimes the sentence after it 16 A That's correct. 16 changes the sentence. 17 Q That is document what, one? 17 An example 1 give, he talked about tumors of the 18 A Yes, which 1 don't know the date. 1 don't 18 liver. He doesn't say whether it was in humans, rats, 19 know where it came from. 1 don't know anything about it, 19 rabbits or what, but it's possible, and again 1 don't know, 20 but I'm just attesting to the mathematics. 20 that the that next sentence would say that there have been 21 Q All right. It's understood. Dr. Kelly, are 21 no tumors found in humans, but in female rats there have 22 those mathematics correct? .6 milligrams multiplied by 22 been, and that would be just an example of what might be in 23 10,000 equals 6,000 milligrams and that's the same as one 23 there. So 1 would object to using it and asking the doctor 24 fifth of an ounce? 24 questions about it because of that. 25 A That's right. 25 Q (By Mr. McCrea) 1 agree with all of your Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 73 - 76 LEXOLDMON007068 Page 77 Page 79 1 statement. Dr. Kelly, I'll just, I'll hand you that 1 A Yes, 1 see it. 2 exhibit and ask you if you would read it, and 1 guess my 2 Q All right, sir. 3 first questions to you is: Have you read that before this 3 A Yes, sir. 4 date? 4 Q And there is the word toxicity at the bottom 5 A 1 may have. 5 of the page 2018. Is that correct? 6 Q Dr. Kelly, is that information that you as a 6 A Yes, sir. 7 doctor in internal medicine would rely upon? 7 Q Then will you turn to page 2019, and there's a 8 A Not necessarily at all because, first of all, 8 chart there? 9 he is talking about several instances of benign or 9 A Wait. Let's not go so fast. 10 malignant primary tumors of the liver have been associated 10 Q All right. 11 with PCT. Now, that's not PCB. That's not even a 11 A First of all, what is that first letter, pore 12 chemical. 12 acne, or on the bottom of number one? 13 Q That's porphyria cutanea tarda, isn't it? 13 Q It says, it says - It looks to me like it 14 A That's right, completely different. 14 says p-o-r-e. Is that the way you read that? 15 Q All right. 15 A That's the way 1 read it. 16 A So right off the bat 1 don't know why, how 1 16 Q Brake, a-c-n-e? 17 would connect that with any industrial exposures to PCB. 17 A Uh-huh. 18 Then he says "Toxic acquired PCT has occurred in 18 Q (Chlor, C-h-l-o-r - acne)? 19 the individuals accidentally exposed to hexachlorobenzene, 19 A This shows whoever wrote this had no medical 20 polychlorinated biphenyls, tetrachlorodibenzodioxin and 20 background at all. 1 don't think anybody ever used the 21 other polychlorinated hydrocarbons." 1 would like very 21 term pore, p-o-r-e, acne, but go ahead. On page 19 now? 22 much to see his data on that because he might just at well 22 Q Yes, sir. On page 2019 it has a number of the 23 be repeating the errors that often creep into medicine. 23 chemicals listed? 24 So 1 consider "Harrison" an excellent text book of 24 A Yes, sir. 25 internal medicine. 1 think his knowledge on toxicology -- 25 Q And are PCBs included in that list? Page 78 Page 80 1 Harrison isn't doing it any more, 1 don't think. 1 mean, 1 A Yes, but he's absolutely wrong. 2 Isselbacher, Adams, Braunwald, etc. are the authors of 2 Q 1 appreciate your thoughts on this document, 3 "Harrison's". 1 don't think Harrison is alive, but I'd 3 but are PCBs listed in that list? 4 have to see their references before 1 accept this as 4 A Yes, they are listed by this unknown salesman. 5 gospel. 5 Q All right, sir. Then at the bottom there's 6 Q All right. Fair enough. 6 reference to summary of gross feeding experiments. Is that 7 A Okay. 7 correct? 8 Q Dr. Kelly, will your attorneys please provide 8 A Yes, sir. 9 you with Exhibit K-19? 9 Q Turn to the next page. Do you know see at 10 A Yes, sir. 10 two-thirds of the way down on the page of 2020, it says, 11 Q Will you turn - What's the title of that 11 "The following hygienic measures may be considered good 12 document? 12 practice where these compounds are handled." Do you see 13 A Well, first of all, this is a title, a copy of 13 that, sir? 14 some paper written by some salesman. It's not an official 14 A Yes, sir. 15 Monsanto Chemical Company document. It has never seen the 15 Q "A, two lockers for each workers exposed to 16 light of day, as far as I'm concerned, in any publication 16 chlorinated waxes, one for working and one for street 17 I've ever seen at Monsanto. 1 myself have never saw this. 17 clothes." Do you see that? 18 This was written by some salesman sitting at his desk 18 A Yes, sir. 19 during World War II, and it is not an official Monsanto 19 Q Do you believe that would, that is a good 20 publication at all. 20 practice when working with PCBs? 21 Q All right. Do you know the salesman who wrote 21 A We're talk now about chlorinated waxes. 22 it? 22 Q Yes. Do you believe that is a good practice 23 A No, 1 don't. 23 for PCBs? 24 Q WII you turn to page 2018? Do you see what 1 24 A No. 25 guess is a Bates number? 25 MR. CARNEY: You're not asking about Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 77 - 80 LEXOLDMON007069 Page 81 Page 83 1 chlorinated waxes? 1 publications. It was never in any files that 1 ever had 2 Q (By Mr. McCrea) I'm asking him is there any 2 when 1 came back from the service. 3 -- Do you believe 55 would be a good practice when working 3 Q All right. 4 with PCBs? 4 A 1 never saw it until it was dredged up in one 5 A No, sir, you don't need to do that. 5 of these depositions. 6 Q "B, all work clothes above the underwear should 6 Q All right. Now, what - With that 7 be provided and laundered at least twice a week by 7 understanding; all right, sir? 8 management." Do you agree 55 would be a good practice for 8 A Well, there's a little bit more understanding. 9 workers exposed to PCBs? 9 Q All right. 10 MR. CARNEY: Let me object. I'm not sure. If 10 A Because this man has gone back to the Halowax 11 1 could look over your shoulder a minute, we're talking 11 studies where he's talking about chlorinated naphthalenes. 12 about various compounds here. We're just not talking about 12 He has gone back to the cable pullers where they were 13 PCBs. This unknown salesman who, or whoever wrote this 13 getting the waxes all over their clothes, all over their 14 document, that isn't a document that Monsanto ever 14 hands, all over their underwear, and these hygienic things 15 published. 15 were certainly important for those people at that kind of 16 MR. McCREA: Stipulated. Well, I'm not 16 exposure to those solid Halowaxes. 17 stipulating you didn't publish it. I'm stipulating - 17 Q All right, sir. 1 don't dispute that. 18 A Monsanto didn't publish it. 18 A All right. Fine. Well, 1 mean, the inference 19 Q (By Mr. McCrea) What? 19 I'm getting is that you are tying in the industrial use of 20 A It was never published. 20 PCBs with the Halowax problems of chlorinated naphthalene, 21 Q Or you didn't write it? 1 presume it was 21 and that is not correct. 22 written - 22 Q All right, sir. Now, with all that said, what 23 A 1 was in the service in 1944. 23 1 would like to ask you is if the hygienic measures listed, 24 Q What? 24 A, B, C, D, E and F on pages 2020 and 2021 should be 25 A If 1 had seen this, I'd have thrown it in the 25 instituted for workers exposed to PCB in industrial Page 82 Page 84 1 wastebasket. 1 setting? 2 Q Okay. Do you agree with the hygienic measure 2 A No, sir, it should not. 3 that workers working with PCB, that workers working with 3 Q All right, sir. And that is true for A? 4 PCBs, the practice should be instituted that all work 4 A Yes. 5 clothes above the underwear should be provided and 5 Q That is true for B? 6 laundered at least twice a week by the management? 6 A It depends on the contamination. 7 MR. CARNEY: Just so -- The jury might get the 7 Q That is true for C? 8 impression you're reading from the document that all 8 A And again it depends on the amount of spills 9 workers who work with PCBs. This refers to these 9 they have, whether they are -- If it's an organization 10 compounds. There are a number of different compounds, not 10 that's not following the recommended procedures, yes, they 11 - It doesn't say PCBs. It says "These compounds." 11 should, but if they followed the cautions and the safe 12 MR. McCREA: Stipulated. 12 handling procedures put out by Monsanto, they do not need 13 MR. CARNEY: Okay. Well, 1 think the way you 13 to change to clean underwear every day. 14 read it, it might appear to the jury that you're reading it 14 Q Are you stating that D does not apply? 15 that this is what PCB workers are supposed to do as opposed 15 A Well, certainly it doesn't apply. You don't 16 to any other type of worker. 16 have to have a worker scrub his hands and face under 17 MR. McCREA: No, that's not correct. 17 supervision. 18 MR. CARNEY: Okay. Just so we clarify it, 18 Q Are you stating that E does not apply? 19 that's all. 19 MR. CARNEY: Objection to the form. 20 Q (By Mr. McCrea) Dr. Kelly, the unknown 20 A Yes, 1 do not believe in skin creams, 21 salesman who wrote this for Monsanto Chemical Company - 21 protective clothing, and it isn't - 1 think clothing 22 A He did not write it for Monsanto Chemical. He 22 should be used that can be changed if it's contaminated. 23 wrote it for himself. 23 Q (By Mr. McCrea) Are you stating that F does not 24 Q How do you know that? 24 apply? 25 A Because it was never in any Monsanto 25 A Yes, that's correct. The directions he is Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 81 - 84 LEXOLDMON007070 Page 85 Page 87 1 talking about, chlorinated synthetic waxes, does not apply 1 A 1 don't think that would exclude him. 2 to PCBs. First of all, they should be not slopped around 2 Q Antisyphilitic treatment, if he gave you a 3 obviously, but these, these recommendations which were, 3 history of three years of antisyphilitic treatment with 4 which this man has ascribed to the Halowax situation do not 4 penicillin, would you exclude him? 5 need to be applied to PCBs, certainly do not need to be 5 A Well, first of all, 1 don't know of anybody 6 applied when the people follow the safe handling 6 that only gets three years of penicillin treatment. It's a 7 procedures. 7 matter of weeks. 8 Q Do you agree -- 8 Q All right. What if he gave a history of 9 A Listed on our PCB literature. 9 antisyphilitic treatments with penicillin on four occasions 10 Q All right. So you're saying that F doesn't 10 within the last five years? 11 apply? 11 A They may exclude him on other grounds. 12 A That's correct. 12 Q Well, Doctor, we don't need to be -- 13 Q The paragraph following F, does that apply to 13 A Well, no, but 1 mean, you were giving me these 14 PCBs, to establish - 14 fanciful conjectures. If a man's got that much trouble, 15 A Yes. 15 he's probably got, he may not, should not be in an 16 Q All right. That does apply? 16 industrial setting at all. 17 A Yes, sir. 17 Q Doctor, on a - So you would not employ 18 Q The next paragraph, does that apply to PCBs? 18 somebody who had had gonorrhea or syphilis? 19 A 1 think it depends on the exposure. If 19 A We're not talking about gonorrhea. We're 20 there's no exposure or no particular exposure, you don't 20 talking about syphilis. Certainly 1 have hired lots of 21 need to. 21 people with gonorrhea. I've hired lots of people who have 22 Q Do you agree that a history of liver disease, 22 been treated for syphilis. 23 jaundice or antisyphilitic treatment should automatically 23 Q And put them in positions where they're 24 exclude a worker from jobs involving a possible PCB 24 exposed to PCBs? 25 exposure? 25 A 1 can't answer that, whether they've gone Page 86 Page 88 1 A That depends on the exposure and that depends 1 there, but I've examined them and put them in the chemical 2 on the state of the liver disease. Antisyphilitic 2 operation where if they rotated in the PCB department, it 3 treatment, certainly if a man had the course of two weeks 3 would be all right. 4 of penicillin ten years before, it doesn't make any 4 Q Would you hire an individual who had been 5 difference. They can go to work there. 5 treated for antisyphilitic conditions to work in PCBs? 6 Q What if it was one week before? 6 A Ever? 7 A 1 still think he could. This man is talking 7 Q Yes. 8 about syphilis in the 1900s. 8 A Yes, 1 would. 9 Q So it is your position that a history of liver 9 Q All right. "Pregnant woman should not be 10 disease wouldn't exclude a worker? 10 employed where there's a possible exposure to PCB." Do you 11 A Automatically it said. 1 think it has to be 11 agree with that? 12 evaluated on the man - He says automatically. 1 believe 12 MR. CARNEY: 1 think we're out of tape. 13 that you've got to decide when the extent of the liver 13 Q (By Mr. McCrea) Are we out of tape? Do you 14 disease was, was the recovery was. 14 agree with that, Doctor? 15 Q And then you would make a decision as to 15 A Well, that's a hard questions to - 16 whether or not to employ him? 16 MR. CARNEY: Why don't we pick it up. 1 don't 17 A That's correct. 17 want to get in the middle of an answer. 18 Q What about jaundice, if he gave you a history 18 MR. McCREA: Break. 19 ofjaundice? 19 (Thereupon, a short recess was taken.) 20 A Well, That's also liver disease, but if he 20 Q (By Mr. McCrea) Dr. Kelly, we're back on the 21 gave jaundice when he was ten years old and you were 21 record. 22 examining a 25 year old worker, 1 don't think that would 22 A Yes, sir. 23 automatically exclude him. 23 Q Do you recall where you were in the last 24 Q What if he gave you a history of jaundice five 24 answer before the break? 25 years earlier? 25 A Yes. You had asked me about would 1 employ Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 85 - 88 LEXOLDMON007071 Page 89 Page 91 1 pregnant woman. 1 manufacture of a PCB, and we discussed in this earlier, you 2 Q Yes, sir? 2 start with benzene? 3 A And 1 said that was a tough questions because 3 A Yes, sir. 4 it would depend on the state of her health, the state of 4 Q Is that correct? 5 her exposure, if 1 could be assured that she would be under 5 A Correct. 6 the maximum allowable concentration. 1 would not hesitate 6 Q And benzene is simply one, is half of that 7 to be hesitant to employ her if she was exposed to repeated 7 PCB? 8 or continuous skin contact. That is a very hard decision 8 A That's correct. 9 to make about hiring pregnant women in any industry where 9 Q Which contains hydrogen and carbon? 10 there's any exposure. 10 A That's correct, no chlorines at all. 11 Q Dr. Kelly, during the break 1 asked you if you 11 Q And in the process of chlorinating the 12 would diagram for the jury a PCB, a polychlorinated 12 benzene, these rings fit together and the chlorine replaces 13 dibenzofuran and a polychlorinated dibenzo -- 13 what, the -- 14 A Dioxin. 14 A No, you skipped a -- 15 Q Dioxin. 15 Q All right. 16 A Yes, sir. 16 A First you have to hook up two benzene rings 17 Q And you have drawn those for us? 17 to get diphenyl which is an entirely different thing. 18 A I'm not so proud of my drawing, but that's - 18 Q All right, sir. 19 Q All right, sir. Now, could 1 address a couple 19 A You get two benzene rings. Benzene is a 20 of questions to the chart? 20 liquid. Diphenyl is a solid. 21 A Yes, yes. 21 Q All right, sir. And the diphenyl would look 22 Q On your drawing at the top you have PCB? 22 exactly like the PCB without the chlorine. 23 A That's right. 23 A That is correct. 24 Q Ask this is a PCB? 24 Q What does the chlorine replace? Does it 25 A That's correct, with four chlorine atoms. 25 replace -- Page 90 Page 92 1 Q All right. Then next on your chart is a PCDF, 1 A Hydrogen. 2 polychlorinated dibenzofuran. 2 Q It replaces hydrogen? 3 A That's correct. 3 A That's correct. 4 Q And here is the PCDF showing -- 4 Q So in this molecule you have three chemical 5 A One oxygen between the two benzene rings. 5 elements, hydrogen, carbon and chlorine? 6 Q All right, sir. And then you have CL here 6 A Correct. 7 and CL here just to show -- 7 Q In this molecule you have those three same 8 A Well, they could be anyplace, yes. 8 elements plus oxygen? 9 Q All right. Then at the bottom you have a 9 A Yes, sir. 10 dioxin which would be PCDD? 10 Q And these molecules no longer touch? 11 A That's correct. 11 A They're adjoined by oxygen in one place, yes. 12 Q Poly means more than one? 12 Q All right, sir. And dioxin is exactly the 13 A Chlorinated. 13 same as a furan except that in between these two rings -- 14 Q Chlorinated speaks for itself. Dibenzo refers 14 A Benzene rings you have -- 15 to the oxygen? 15 Q You have two oxygen atoms? 16 A No, that's the benzene ring. 16 A That's correct. 17 Q All right. 17 Q All right, sir. And these as a family can be 18 A And dioxin is the two oxygens. In other 18 called chlorinated hydrocarbons? 19 words, we have two benzene rings. Up at PCBs they're 19 A Yes, but you, the usual chlorinated 20 connected together. There's no oxygen. PCDF, there's one 20 hydrocarbon like carbon tetrachloride or trichlorbenzene is 21 oxygen connected on two benzene rings. The dioxin, there's 21 not quite as complicated as these molecules. 22 two oxygens connected? 22 Q All right. So - 23 Q All right sir. 23 A Technically you could call it a chlorinated 24 A 1 didn't put the chlorines down there. 24 hydrocarbon, but with the oxygen in there, 1 don't know if 25 Q All right, sir. Now, when you start in the 25 a chemist would call it that. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 89 - 92 LEXOLDMON007072 Page 93 Page 95 1 Q All right, sir. PCBs were known to exist in 1 years at Monsanto, were any of those reports regarding 2 what year? 2 capacitor or transformer workers? 3 A Oh, they're probably known to exist as a 3 A No, sir, not that 1 can recall. 4 laboratory curiosity back in the 1900s or something. I'm 4 Q Are there any reports in the published medical 5 not sure, but industrially 1 think it was around 19, late 5 literature of deaths or series long-term health effects 6 '20s or '30s. 6 due to industrial exposure of PCBs? 7 Q 1900 known, give or take? 7 A No, sir. 8 A Give or take, yes, 1 think so. 8 Q What about Yusho? 9 Q When were furans first known? 9 A That's not industrial workers. Yusho is 10 A 1 don't know that. 10 entirely different. This is an ingestion taken by mouth of 11 Q When were they first known by you? 11 the Japanese PCB contaminated with dibenzofurans. 12 A Oh, sometime in the'70s, 1 believe. Kelly 12 Q Do the Monsanto PCBs contain large quantities 13 didn't know about PCBs -- 1 mean, the first 1 ever heard of 13 of furans? 14 PCBs was in 1936, if you want, if you're writing down 14 A 1 mean, they're parts per million. 1 mean, 1 15 Kelly. 15 don't know what you mean by large. Ten parts per million? 16 Q All right. And when did you first know about 16 Q How do they compare with the Japanese, the 17 dioxin? 17 amounts in the Japanese PCBs? 18 A That's hard to say.'50s,'60s. I'm not 18 A Well, it was less than the Japanese Kanechlor 19 sure. Put a question mark there. 19 and much, much less than the dibenzofurans in the rice oil 20 Q All right, sir. Dr. Kelly, you mentioned that 20 after the material had been heat and the heat as a heat 21 you had never talked or visited workers at the Westinghouse 21 transfer medium and then cooked in a Japanese skillet or 22 plant during the time you were with Monsanto. Is that 22 Japanese wok or wherever they cook it in. 23 correct? 23 Q Do PCBs contain dioxin? 24 A Yes, before or since. 1 never have, period. 24 A No, sir, they do not. 25 MR. McCREA: 1 would like it extend a sincere 25 Q Mr. McCrea showed you a diagram or actually Page 94 Page 96 1 invitation to you to come and talk to workers at the 1 you prepared a little diagram of a molecule, of PCB and a 2 Bloomington Westinghouse plant and the Muncie plant without 2 dioxin and a furan. Does the fact that they have some 3 any attorneys present, if you would like to do that, 3 similarities mean that they're similar in their toxic 4 arrangements could be made. Dr. Kelly, 1 wish you good 4 effects? 5 health. Thank you. 5 A Oh, no. 1 mean, 1 could, if you want me to 6 THE WITNESS: Thank you very much for your 6 draw some more, if you have, if you take bichloride of 7 invitation which I'll take under advisement, and 1 hope you 7 mercury, that is a very serious poison. It's a kidney 8 have a pleasant trip back to Bloomington. 8 poison. If you swallow it, your kidneys shut down, period. 9 MR. McCREA: Thank you, sir. 9 It's calls corrosive sublimate. It's a very serious 10 REDIRECT EXAMINATION 10 poison. It's got one molecule of mercury, two molecules of 11 QUESTIONS BY MR. CARNEY: 11 chlorine. 12 Q Dr. Kelly, 1 just have a few questions that 12 If you take coumarin which has been used as a folk 13 I'd like to ask. You've heard that before, I'm sure. So, 13 medicine in the south for years and years, it's the same 14 but 1 don't think they're more than about ten questions. 14 compound with one less chlorine, and so just the addition 15 During the 38 years that you worked at Monsanto, did you 15 of this one atom of chlorine. 16 ever receive any reports or complaints of PCB related 16 If you take alpha-phenethylamine which is, that's a 17 health problems in any Monsanto PCB worker? 17 thing, 1 can draw a couple of benzene rings with an amine 18 A No, sir. 1 did not. 18 group, an NH group on one position. If you move it over 19 Q During the 38 years at Monsanto, did you ever 19 another position it's a bladder carcinogen. If it's the 20 receive any customer reports or complaints of deaths or 20 alpha position it's not. Move it down one on this ring, 21 serious long-term injuries due to PCBs? 21 it's a bladder carcinogen. So structure is an extremely 22 A No, sir. 22 frail reed to base any toxicological conclusion on. 23 Q The handful of complaints or less than five 23 Q You said that the PCBs do not contain dioxin. 24 complaints or reports that you did receive regarding 24 Can the combustion or burning of PCBs produce dioxin as a 25 short-term problems with PCBs during your 30 years, 38 25 by-product? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 93 - 96 LEXOLDMON007073 Page 97 1 A Not PCB by itself. 1 2 Q Does the government agree with you? 2 3 A Oh, yes, the EPA has written that. 3 4 Q Is there any evidence in the literature of 4 5 people getting sick like in Japan in the Yusho incident 5 6 from Monsanto PCB? 6 7 A Not that I've ever seen. 7 8 Q Any evidence that Monsanto PCBs cause immune 8 9 deficiency and which, by that I mean make a person more 9 10 susceptible to colds or other illnesses? 10 11 A Well, it certainly was not in our workers and 11 12 I haven't seen any report of it in the United States 12 13 literature. 13 14 Q Mr. McCrea showed you some labels or asked you 14 15 about why certain information wasn't on the labels, and he 15 16 mentioned things like does the label contain the fact that 16 17 it would cause death or lots of other details. Can you 17 18 tell me why you didn't include all the information that Mr. 18 19 McCrea mentioned in your labels? 19 20 A Well, certainly. I think it, it's certainly 20 21 been my experience and experience of people in the label 21 22 business that what you need to put on a label is what you 22 23 have to do to protect the worker. If you have a label 23 24 that's three pages in extent, the average person won't read 24 25 it. I'm sorry to say they just -- I don't believe I would, 25 Page 99 were knowledgeable about PCBs? A When I came to work for Monsanto, the first medical department or industrial medical meeting I went to, one of the pillars of industrial medicine was a Dr. T. Lyle, L-y-l-e, Haslett, H-a-s-l-e-t-t, who was, as I say, one of the pioneers of industrial medicine, and their medical department continued all through the years. I know they had an active industrial hygiene department. Dr. Spiker -- whether it's Dr. or Mr. Spiker -- wrote to us, wrote to Wheeler quite frequently. They had a very active medical department, a very active industrial hygiene department, and as I said also, they had contracted out work for PCB with Vinotigan, a consultant who was in those early days probably the rating toxicologist in the country. Q And did you believe when you were employed by Monsanto that Westinghouse was a responsible company? A Oh, no question about it. MR. CARNEY: I have no further questions. MR. McCREA: I have no additional questions and would ask that the deposition be signed by Dr. Kelly. MR. CARNEY: I would agree to that. THE WITNESS: After reading it. MR. CARNEY: I hate to make you read it again, but we would, I think, both appreciate that. Page 98 1 either, if I saw a cautionary statement that was half a 1 2 dozen paragraphs long on a label. I wouldn't. You just 3 get to where you just don't pay any attention to it. So we 4 have our labels short, concise, filled with the information 5 that's needed, how to protect yourself against any ill 6 effect, whether that ill effect was fire, explosion or 7 7 danger to your health. 8 8 Q Doctor, you mentioned in your cross 9 9 examination testimony when Mr. McCrea was asking you 10 10 questions that you walked away from, that Monsanto walked H 11 away from a product, a profitable product. Did Monsanto 12 12 walk away from the environmental problem? 13 A No, I didn't say I walked away. That was Ed 13 14 15 14 Bock, the president. What he meant, they were talking ^g 15 about the sales and they were talking about the profit and 17 16 he said, "I don't care about the sales or the profit. If 18 17 we can't contain this from the environment, we're going to 19 18 walk away from it," and that didn't mean he was going to 19 sweep the problem under the rug. He meant we're going to 20 walk away from manufacturing and selling the product. 21 Q Did Monsanto sweep the environmental problem 22 under the rug? 23 A They certainly did not. 20 21 22 23 24 25 26 24 Q When -- To your knowledge, did Westinghouse 27 25 have a medical director and an industrial hygienist who 28 STATE OF MISSOURI ) Page 100 ) COUNTY OF JEFFERSON ) I, Sheila C. Irvin, a Notary Public within and for the State of Missouri, do certify that pursuant to agree ment there came before me at the offices of Communitronics Corporation, 1907 South Kingshighway, in the City of St. Louis, State of Missouri, DR. R. EMMET KELLY, a witness of lawful age, who was by me first duly sworn to testify the whole truth of his knowledge touching the matters in controversy herein; that thereafter, the witness was examined and said examination was reduced to shorthand by me on the day, between the hours, at the place and in that behalf first aforesaid, and later transcribed into typewriting, and was subscribed to by the witness this day of, A.D., 1990; and s; aid deposition is now herewith returned to and filed in this Court. IN WITNESS WHEREOF, I have hereunto set my hand a nd Seal this 24th day of July, A.D., 1990. MY COMMISSION EXPIRES SEPTEMBER 26, 1992 Tax of $1,798.70 to: SHEILA C. IRVIN, Husch, Eppenberger, et al. Notary Public, within and 100 North Broadway for the State of Missouri St. Louis, MO. 63102 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 97-100 LEXOLDMON007074 Page 101 1 COURT MEMO 2 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 3 STATE OF MISSOURI 4 5 Glenn Brown, et al. vs. Monsanto Company 6 862-00694 7 8 CERTIFICATE OF OFFICER AND 9 STATEMENT OF DEPOSITION CHARGES 10 11 DEPOSITION OF DR. R. EMMET KELLY 12 TAKEN ON BEHALF OF THE DEFENDANT 13 6/16/1990 14 Name and address of person or firm having custody of 15 the original transcript: 16 Amanda Russo 17 Husch & Eppenberger 18 190 Carondelet Plaza, Suite 600 19 St. Louis, MO 63105 20 21 22 23 24 25 Page 102 1 ORIGINAL TRANSCRIPT TAXED IN FAVOR OF: 2 Amanda Russo 3 Husch & Eppenberger 4 190 Carondelet Plaza, Suite 600 5 St. Louis, MO 63105 6 Total: 7 8 Upon delivery of transcripts, the above 9 charges had not been paid. It is anticipated 10 that all charges will be paid in the normal course 11 of business. 12 GORE PERRY GATEWAY & LIPA REPORTING COMPANY 13 515 Olive Street, Suite 700 14 St. Louis, Missouri 63101 15 IN WITNESS WHEREOF, I have hereunto set 16 my hand and seal on thisday of 17 Commission expires 18 19 Notary Public 20 21 22 23 24 25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 Pages 101 - 102 LEXOLDMON007075 [& - 60s] Transcript Word Index & & 3:19,23 101:17 102:3,12 1 1,000,600 18:21 1,798.70 100:24 10 36:20 10,000 73:18 74:23 100 3:23 44:18 45:9 100:26 1016 19:2 11 10:20 38:16 119 3:19 12 50:8 59:21,21 62:5 1242 33:18 1254 34:2 1260 33:18 34:1 1262 33:23 1268 33:24 14 10:25 11:25 15 3:9 76:15 1506 1:25 16 1:166:107:12,19 19:6 IS 34:17 IQ 5:15 78:9 79:21 93:5 190 101:18 102:4 1900 937 1900s 86:8 93:4 1907 3:10 100:7 1936 8:5,21,22 93:14 1944 81:23 1949 30:16 31:24 1954 15:11 1955 30:4,15 31:12 33:1 1969 15:24 16:2,20,23,25 18:20 19:21,22 20:2 1970 13:12 28:6,24 1970s 20:8 22:16 1971 11:7 14:4,14 15:1 1974 18:19 22:22 23:15 1975 4:17,25 10:20 1976 10:25 11:25 14:6,14 18:21 1977 15:12 18:23 1979 25:19,19 70:16 1980 75:25 1985 29:7 1990 1:16 3:9 100:16,20 1992 100:21 1st 22:22 2 2,000 45:10 20 6:4,11 50:7,8 51:3 58:16 61:7,10 62:3 2018 78:24 79:5 2019 79:7,22 2020 80:10 83:24 2021 83:24 20s 66:6,11 93:6 21 6:5,1662:11 22 4:9 6:7,10 7:4,20 22.88 62:23 222 4:8,9 224 4:23 229 5:3 237 25:21 26:20 2378 21:16 24 25:8 241 9:16 245t 25:6,8,9,10,11 246 10:17,23 24d 25:9 24th 100:20 25 44:20 61:16,16 62:2 86:22 25.6 62:23 256 15:8 16:18 26 73:14 100:21 291 73:14 3 3 4:25 3.2 49:17 53:24 54:5 55:16 56:19 64:22,24 65:4,8 3.7 54:6 56:19 60:3 64:22,24 65:4,9 3.7. 49:17 30 21:11 58:21 94:25 308 10:10 30s 66:2 93:6 314 1:27 32 62:5 33.7 63:7 37 44:20 37.that 51:3 62:6 38 9:7 94:15,19,25 _____________ 4_________ 4 2:174:17 40 21:11 50:8 51:4 62:9 40s 66:2 42.8 51:4 62:12 43 2:21 46 50:8 47402 3:20_________________ _____________ 5_________ 5/10 54:7 50 69:5,6 50s 93:18 515 1:25 102:13 55 23:20 39:7 81:3,8 558 58:21 58 50:3,8 57:21__________ _____________6_________ 6 50:8 73:13,17,21 74:22 6,000 74:8,9,23 6/16/1990 101:13 6:00 3:9 60 69:5,6 600 101:18 102:4 60s 25:13 93:18 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007076 [621-2571 - appear] 621-2571 1:27 63101 1:26 102:14 63102 3:24 100:27 63105 101:19 102:5 67 2:22 69 19:12 693,000 18:23 7 7 2:21 70 1923 7nn 102:13 70s 20:6 65:25 66:5,8 93:12 71 191 72 15:1 74 13:13,14 24:6 75 2:23 77 191 8 8 2:22 8,038,072 17:7 8:00 3:9 862-00694 1:6 2:8 3:5 101:6 89 45:12 58:21 62:23 9 9 2:23 34:17,20 35:2 94 218 95 4624 a a.d. 100:16,20 a.m. 3:9 abandoned 11:25 ability 8:20,25 able 15:18 27:9 74:5 absolutely 54:8 61:19 62:21 80:1 absorb 42:24 accept 78:4 access 16:10 accident 21:15 accidentally 77:19 accord 22:6 account 44:1465:17,18 accuracy 70:25 accurate 18:10,1061:5,1062:1 63:23,25 64:2 75:19 accurately 12:18 acknowledged 16:21 40:4 acne 5:10 70:25 79:12,18,21 acquired 77:18 act 10:10 action 13:10 active 99:8,11,11 activity 8:19 actual 45:22 adams 78:2 adaptation 54:1 adapted 43:17 add 50:7 added alive 47:7,8,12 58:4 60:16,23 78:3 68:9 allow addition 14:8 96:14 allowable additional 89:6 43:22,23 50:24 51:2 99:20 allowed additions 41:9 63:22 alpha address 96:16,20 11:4 71:1589:19 101:14 alternative adjoined 14:8 92:11 amanda admissions 101:16 102:2 70:7 american admitted 29:5 44:24 amine advancing 96:17 65:22 amount advisement 7:9 15:10 16:16 17:11,13 94:7 17:22 25:1 55:25 84:8 advising amounts 11:21 15:16 16:6 95:17 affect analysis 8:25 73:12 affluents analytical 21:6 28:5 34:8,14,15 aforesaid anecdotally 100:14 10:14 age anniston 44:9,1061:1365:17,18,21 33:17,24 34:2 65:22 100:9 announced agency 13:16 10:9 answer ages 8:4 15:19 28:21 29:22 31:4 66:19,21 33:14 34:5 35:25 36:1 ago 41:15 87:25 88:17,24 71:4 answered agree 70:7,7,8 12:1747:11,1550:451:7 answering 51:13 56:7 66:2,3 70:3,5 9:25 35:22 71:7,8 76:1,25 81:8 82:2 anticipated 85:8,22 88:11,14 97:2 102:9 99:22 100:5 antiseptic agreed 24:8 61:1267:3 antisyphilitic agrees 85:23 86:2 87:2,3,9 88:5 12:3 anybody agricultural 13:24 14:2 21:20 23:16 24:5 24:21 25:15 79:20 87:5 agriculture anyplace 24:1 90:8 ahead anyway 7221 7921 241 41-22 al appear 1:4 2:4 3:3,15 100:25 101:5 47:22 49:18 60:17,21,24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007077 [appear - business] appear (cont.) 76:9 82:14 appears 58:25 69:13,23 71:7 applied 85:5,6 applies 59:11 apply 84:14,15,18,24 85:1,11,13 85:16,18 appreciate 80:2 99:25 apt 66:5 area 21:14 areas 11:14 argument 26:13 aroclor 19:16 arrangements 11:23 94:4 arteriosclerotic 44:7 45:2,2 article 8:3,3,5,23 29:8,10 69:7,8 71:1,9,9,14,16 72:6,17 73:24 articles 9:5 67:15 74:1 ascribed 85:4 asked 9:21 17:4 19:8 50:11 67:2 70:6 73:6 88:25 89:11 97:14 asking 17:3,23 31:1837:1241:13 48:4,16 50:16,17 51:22 52:4,15,16 69:5,12 76:23 80:25 81:2 98:9 aspirin 36:17,17 associated 23:6 77:10 association 29:5 45:4 assume 15:21 16:6 17:4,23 18:7 76:4,10 assuming 15:22 17:5 23:22 assured b bit 89:5 back 8:18 55:22 83:8 asterisk 11:23 83:2,10,12 88:20 black 49:24 93:4 94:8 35:5 atom background blackheads 96:15 4:24 79:20 40:2,3 atoms bad bladder 89:25 92:15 41:20 96:19,21 attached base blood 4:19 10:19 96:22 9:15 attachments based bloomington 9:21 13:8,1462:17 3:20 94:2,8 attempt basis blow 27:2 15:18 17:24 21:11 30:3 37:17 attended 45:5 bock 12:22 basketful 14:19 98:14 attention 9:4 body 10:23 23:21 98:3 bat 36:11 38:1,9,14 40:23 41:4 attest 77:16 41:10,16,21,23 44:4 7:22 bates book attesting 78:25 75:2,7,18,18,20 76:4,5,7 74:20 beg 77:24 attorney 15:4 29:13 bottom 26:1948:11 49:11 50:17 begins 12:8 43:23 50:22 72:23 attorneys 4:23 73:10 79:4,12 80:5 90:9 43:6,9 78:8 94:3 behalf brake authenticate 3:16 100:14 101:12 79:16 18:1 74:5 believe braunwald authenticated 4:7 12:6,15 19:14,22 20:24 78:2 17:15 74:1 23:9 24:5,24 25:3 42:11 break author 43:21 54:18 71:16 80:19,22 42:25 43:5 88:18,24 89:11 40:3,7,10 81:3 84:20 86:12 93:12 breathe authoritative 97:25 99:16 38:8,11,12 74:2 75:10 believed breathing authors 26:21 38:3 39:8,9,14,20 40:25 5:18 30:21 78:2 bell 41:1 authors's 30:10 47:2 bringing 5:20 benign 32:22 54:15,24 automatically 77:9 broadway 85:23 86:11,12,23 benzene 3:23 100:26 available 90:5,16,19,21 91:2,6,12,16 brought 67:5,13 91:19,19 92:14 96:17 23:21,23 28:6 average bibliography brown 22:3 48:25 49:7,16 53:23 5:18 6:4,5,6,10,11,14,16 1:4 2:43:3,15 101:5 64:21 65:8,9 97:24 7:3,11,19,20 building avoid bichloride 74:4 37:14,19 38:2,3,10,15 39:8 96:6 bulletin 39:9,9,14,20,20 40:24 41:6 big 4:20 41:18 68:2 12:25 25:20 26:13 36:4,6 bunch avoided billon 26:2 37:18 21:6 burning awful biodegradable 6:9 96:24 67:14 19:2,4,17 business awfully biphenyls 11:8 12:11 14:5,22 97:22 57:19 4:21,25 77:20 102:11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007078 [byphenyl - compound] byphenyl carney (cont.) chart (cont.) close 49:5 52:10 70:1,5,20 71:3,19 72:16,24 89:20 90:1 63:1 byphenyls 73:8,20 74:4 75:22 76:2,7 check clothes 52:17 76:12 80:25 81:10 82:7,13 40:20,22 80:17 81:6 82:5 83:13 c 82:18 84:19 88:12,16 94:11 checked clothing cable 83:12 cables 99:19,22,24 carondelet 101:18 102:4 75:20 chemical 8:8 10:25 33:20 34:8 38:1 84:21,21 colds 97:10 6:3 cadaver 21:16 cadavers carry 73:6 case 6:21,23 8:8 40:23 77:12 78:15 82:21,22 color 88:1 92:4 36:21 38:18 chemicals colors 7:10 10:15 24:2,5 38:7 45:5 34:22,23 35:3,5 21:21 22:20,23 23:1 cases 79:23 column call 33:17 34:2 68:7 70:1 72:16 92:23,25 called 25:2 29:3 33:24 34:1 75:2 6:23 7:6,8 13:15 chemist cause 92:25 2:8 3:5,13 36:13,17,19 97:8 chlor 97:17 79:18 caution chloracne 43:22 47:8,9,15 48:3 49:7 49:20,21,22 50:1,3,6,7,10 51:18,22 52:11 53:21,22 55:11,13,14 56:10 57:20 58:9,1759:10,11,14,18 92:18 36:24 38:22 5:11 6:1 8:8 30:17 32:16 60:7,23 61:22,25 calls 96:9 cautionary 98:1 68:13,22 69:10 71:7 chloride columns 47:7 48:12,13,23,24 49:25 camera 75:1 cancer cautions 84:11 certain 45:9 chlorinated 6:2,22,24,25 7:1,7,8,18 50:11,2251:3 58:1260:17 61:11 69:3 combustion 31:23 capacitor 3:13 19:1229:1,11 69:13 69:14 97:15 80:16,21 81:1 83:11,20 96:24 85:1 90:13,14 92:18,19,23 comment 22:2 95:2 capacitors 11:12 13:20 14:5 caption 16:1843:20 50:10 51:9,23 certainly chlorinating 12:17 33:10,16 54:12 65:22 91:11 67:13 75:7 83:15 84:15 chlorine 85:5 86:3 87:20 97:11,20 19:7 34:9 89:25 91:12,22 97:20 98:23 91:24 92:5 96:11,14,15 46:14 commission 100:21 102:17 commitment 11:7,9,10,11,13,17,19,20 71:24 certificate chlorines 12:1 14:4 captions 51:2 carbon 91:9 92:5,20 carcinogen 96:19,21 care 101:8 certify 100:5 change 14:3,7,12 49:8,9 84:13 changed 50:24 84:22 90:24 91:10 chlorodiphenyls 6:6 Cincinnati 30:1 circuit 1:1 2:1 3:1,13 101:2 committee 15:2 committees 13:9 14:18 communitronics 3:10 100:6 company 98:16 carney changes 47:25 57:11 76:16 citizen 22:3 1:72:103:6,166:14 10:25 13:25 14:23 24:13 27:9 2:18 3:22 9:22 10:18 12:16 changing city 78:15 82:21 99:17 101:5 13:2 14:7 15:13 16:5,9,13 17:3,10,20 18:3 20:9 22:13 22:15,17 23:22 24:17 26:1 26:8,11,23,25 27:15 28:8 28:11 29:8,17,22 30:18 19:15 characterization 9:23 characterize 63:17 1:1 2:1 3:1,14 22:4,5 100:7 102:12 101:2 compare cl 48:16 71:13 95:16 90:6,7 compared claiming 62:16 31:17 32:5 33:7 35:1 36:4 37:11 41:12 42:2 43:19 46:6,10,21 47:12,17,21,25 48:1549:21 50:9,19 51:7 51:22 52:1,4,7,15,19,24 charges 27:6 complaints 26:1527:12 101:9 102:9,10 clarify 9:4 94:16,20,23,24 chart 16:1028:14,1845:1782:18 completely 18:1249:11 50:7 54:1,16 clarifying 77:14 54:18,19 56:10,10,18,24 16:13 complicated 54:11 55:1,4,8 56:11,15 57:7,12,13,22 60:9,14,16 clean 92:21 57:3,6,11,16 61:6,9 62:20 63:14 64:1 65:24 66:8,13 67:2,9,20 68:24 69:2,17 60:1761:11 62:18 63:10,16 10:1084:13 63:17,20,21 66:15,19 67:18 client 67:21 68:1 70:4 71:14 79:8 70:8 compound 96:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007079 [compounding - delivery] compounding contaminant correlating data 44:9 18:14,18 20:16 24:24 65:19 14:3,7,12 73:12 77:22 compounds contaminate corrosive date 80:1281:1282:10,10,11 38:9 96:9 10:25 71:13 73:3 74:18 concentration contaminated coumarin 77:4 89:6 5:23 24:9,12,20,22,25 96:12 dated concerned 25:16 84:22 95:11 counsel 4:16,25 10:20 8:21 9:1,8 14:13 78:16 contamination 34:18 42:9 dates concerning 14:13 25:2,4 28:24 38:10 country 27:21 32:14 84:6 99:15 david concise contending county 3:18 63:20 70:2,17 98:4 27:3 100:3 day conclusion content couple 3:10 32:25 78:16 84:13 96:22 34:8,9 28:14 89:19 96:17 100:13,16,20 102:16 condensers continue course days 6:5 11:13 38:4 86:3 102:10 32:20,23 99:14 condition continued court dead 68:7,23 2:17 4:1 24:23 99:7 1:1 2:1 3:1,1467:25 100:18 13:1 47:8 54:6,7 56:1 58:14 conditions continuous 101:1,2 58:16,18,22 59:4,5,15,16 42:24 70:2,16,17 88:5 89:8 courtroom 59:19,21,24,25 60:18,23 conduct contracted 46:5 61:2,3 64:9 33:5 99:13 cover death conducted contribute 4:19 31:23 36:14,17,19 41:25 25:23 17:13 covered 42:3 44:19 45:5 66:1 97:17 confidence controversy 56:16,18 67:9 deaths 46:25 100:11 creams 62:23 63:7 64:17,19 65:23 confirm cook 84:20 66:20 94:20 95:5 69:1370:1,25 95:22 creep deceased confounding cooked 77:23 21:14 47:9 49:17 56:4 44:14 95:21 cross 58:10,12,17,18,23,24 59:1 confusion copies 2:17 4:1 75:19 98:8 59:12,15,1762:1,1,3,6,12 28:15 34:18 crossbones 62:15 64:15,23,25 65:9 conjectures copy 35:12 36:25 38:23 december 87:14 35:2 67:21 78:13 curiosity 10:20 22:21 connect cornfeld 93:4 decide 77:17 3:23 current 69:22 86:13 connected corporate 4:20 decided 90:20,21,22 15:2 cursory 31:1432:15 connection corporation 9:18 decision 6:22 3:10 16:17 100:7 curve 13:16 86:15 89:8 consider correct 47:2 decreases 77:24 5:19 8:5,6 12:5 15:21,23,25 custody 19:14 considered 16:3 17:1,24 18:1 19:21 101:14 defendant 11:1527:23 80:11 32:12 39:25 40:14,16 46:25 customer 1:8,152:123:7,16,21 13:15 consultant 47:1 58:10 59:13,21 60:7 94:20 101:12 99:13 60:12,22 61:23,24 62:25 customers deferences contact 63:3,5,564:13,15,17,19,20 11:21 50:4 37:19 38:4 39:20 41:7,18 65:1,16 66:24 68:18 71:2 cutanea deficiency 41:1989:8 71:17 74:13,16,22 79:5 77:13 97:9 contain 80:7 82:17 83:21 84:25 cutoff definitely 32:11 35:8,11 38:21,23 85:12 86:17 89:25 90:3,11 19:11 36:2 95:12,23 96:23 97:16 98:17 91:4,5,8,10,23 92:3,6,16 contained 93:23 14:21 19:6 21:16 50:23 corrected contains 59:7 38:22 91:9 daily 21:11 danger 98:7 d delete 31:15 delivery 102:8 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007080 [department - elicited] department different (cont.) div draw 4:15 25:21 26:20 88:2 99:3 47:20 48:12,17,18 49:14,15 2:12 96:6,17 99:7,9,11,12 49:24 50:1,10,10 51:2 divide drawing depend 61:1765:21 77:1482:10 63:2 89:18,22 89:4 91:1795:10 doctor drawn depends differently 8:21 9:12 26:5,8 42:4 45:15 89:17 25:3 45:7,21 84:6,8 85:19 24:25 48:22 57:19,20 61:22 62:14 dredged 86:1,1 digestive 69:19 76:3,23 77:7 87:12 83:4 deposed 6:8 87:17 88:14 98:8 drinker 55:6 dioxin doctors 33:22,23 34:4 deposition 21:1,5,5,8,8,17,21 22:23,25 30:9,12,12 32:14 due 1:14 2:21,22,23 3:8 9:19 23:13,17 24:9,12,20,23 doctor's 45:1 94:21 95:6 43:3 55:4 67:22 75:16 25:5,17,22,23 26:20 27:18 73:24 duly 99:21 100:17 101:9,11 27:23 28:2,6,23 31:24 document 100:9 depositions 32:11 89:14,15 90:10,18,21 4:8,13,23 5:2 9:21 10:6 dump 83:5 92:12 93:17 95:23 96:2,23 11:3 15:15 16:14,20 17:18 20:7,14,1921:8 dermatitis 96:24 18:1,251:1269:1772:17 dumped 7:9 9:2 dioxins 73:1,4,22 74:17 76:3,15 20:21 21:1,4 described 19:24 20:4,7,14,15,20 78:12,15 80:2 81:14,14 dumping 13:11 32:8 21:11 22:7,10 82:8 21:10 deseased diphenyl documents duration 62:9 7:1 91:17,20,21 18:4 48:1,21 50:12 51:8 52:9 deserve diphenyls 52:20,22 e 67:6 6:21 7:7 doing pari ip r desire 8:19,24 12:3,10 desk 78:18 detail 9:21 10:6 details 10:1321:1897:17 detected 40:4 determine dire 37:20 direct 34:16 directions 84:25 director 13:11 28:3,12 98:25 disagree 26:1251:10 discharge 33:21 45:18 78:1 donohue 3:22 dose 42:17,18 62:17 double 24:14 dozen 98:2 dr 1:14 2:16 4:3,5,19 7:20 1311 3616 73 6 86 25 91:1 early 36:7 37:23 39:22,25 40:1 99:14 easily 63:5 ed 1419 98 13 edema fi-ft 23:16 28:24 34:8 determined 7:19 63:5 diagram 5:12 discuss 25:15 discussed 8:11 9:6,16,24 10:21,22 12:19 13:5,8 15:18,20 17:11,15 18:5,11,12 19:18 21:13 22:17 23:9 27:7,16 edition 75:25 education A- 89:12 95:25 96:1 dibenzo 40:2 73:24 91:1 discussion 28:11,16,17,22 29:3,24 30:4,7,15 31:5,13,15,21 effect 27:5 42:18,21 98:6,6 89:13 90:14 43:6 32:17 33:3,12,23 34:16 effects dibenzofuran 89:13 90:2 dibenzofurans 5:24 95:11,19 died disease 44:7 45:2 85:22 86:2,10,14 86:20 disposal 10:11 13:20,20 14:16 42:8,14 43:5 45:3 47:4 48:5 49:19 51:13 55:1,5,7,9,10 59:7 63:25 66:23 67:16,24 69:13,22 70:21,22 71:14,18 71:25 72:5,23 73:9,17 74:6 5:10 6:8 10:12 39:19 95:5 96:4 eight 16:2,25 67:23,25 either 72:2 21:1522:3 difference 8:1546:1848:1950:15 55:13,14,25 56:9,14 65:11 66:20 86:5 dispute 83:17 disputing 17:20 18:4,11 distinctive 74:21 75:1,17 77:1,6 78:8 82:20 88:20 89:11 93:20 94:4,12 99:4,9,9,21 100:8 101:11 draft 15:15 32:4 69:20 70:12 72:12,18 98:1 electric 16:17 elements differences 5:13 48:8 68:3,10,12,15,16,21 92:5,8 48:3,14,23 50:20 57:20 disturbances different 6:8 7:10 8:14 21:7 43:21 44:10 70:3 dramatic 19:11 elicited 9:5 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007081 [eliminating - find] eliminating evaluated exhibits factor 12:4 86:12 2:20 42:10 48:24 68:4 14:1744:14 emmet evaluation exist factors 1:142:16 100:8 101:11 33:1 93:1,3 44:9 emphasize eventually expected fair 12:9 12:4 44:19 62:23 64:17 28:16 33:5 60:17,19,20 employ everybody's experience 62:17 78:6 86:16 87:17 88:25 89:7 18:8 39:11 97:21,21 fallacy employed evidence experiments 44:16 88:10 99:16 32:15,17 42:3 69:9 73:24 80:6 familiar endorsements 97:4,8 expert 6:137:1,3,10,11 10:2,8,16 13:10 exact 9:19,20,23 29:2 30:14 31:21 75:2,4 entire 57:9 expires family 45:1 72:6 exactly 100:21 102:17 40:4,11,14,18 92:17 entirely 47:16,18 48:2,4 50:5 57:8 explain fanciful 91:1795:10 57:24 58:6 59:7 73:16 6:17 37:12 41:25 45:20 87:14 entry 91:22 92:12 55:2 65:2,3,5 far 36:10 37:25 40:23 41:1,2 examination explosion 9:5 11:22 14:12 78:16 environment 2:17,184:1 34:1657:15 30:16 31:6,25 98:6 farming 9:12 11:16 13:19 14:1 94:10 98:9 100:12 exposed 32:9 98:17 examine 6:2,3 7:18 8:25 22:1 31:7 fast environmental 30:5,9,13 31:10 31:24 42:22,23 77:19 80:15 79:9 10:9 13:22 14:12 15:25 examined 81:9 83:25 87:24 89:7 fat 16:21,22 18:14,18 19:20,20 3:8 30:11 31:6 40:12,15 exposure 21:13,1722:1 19:25 20:5,15 98:12,21 88:1 100:12 35:18 47:16 49:1,3,7,16,23 faults epa examiner 49:24 51:19 52:9,13 53:7 43:11,1344:1 10:14 72:8 97:3 22:5 53:11,24 54:5,6,7 55:25 favor epa's examining 56:5,20 62:17 64:22 65:20 102:1 12:3 86:22 68:25 83:16 85:19,20,20,25 february epidemiological example 86:1 88:10 89:5,10 95:6 25:19 45:4,18,25 46:16 61:14 76:17,22 exposures feeding epidemiologist excellent 77:17 80:6 65:12 77:24 extend feel epidemiologists exception 93:25 14:1 46:4 60:3 extensive female eppenberger excerpt 70:8 76:21 3:22 100:25 101:17 102:3 75:18 extent fewer equal excess 86:13 97:24 66:6 74:7 44:23 extra fifth equals excessive 50:21 67:21 74:10,24 50:3 73:19 74:23 5:12 extremely figure equating exclude 96:21 41:1944:6 73:13,13 20:17 85:24 86:10,23 87:1,4,11 eye figures errors exclusively 5:12 15:23 44:21,25 57:21 63:25 77:23 6:24 eyelids 64:21 65:5,10 eruption executive 5:12 filed 5:11 15:2 eyes 100:17 escape exhibit 6:9 39:6,10,12,15 files 11:21 establish 45:4 46:18 85:14 established 17:25 et 1:4 2:4 3:3,15 100:25 101:5 2:21,22,23 4:6 19:19 34:17 f 83:1 36:20,21,23 37:2 38:16,19 43:3,8,12,20,22,24 47:4 48:3,12 50:2,20 51:11,16 53:3,8,12,18 57:17 62:15 63:11 67:17,21,23,25 69:8 71:16,19,20 75:16,21 76:3 77:2 78:9 face 6:1,9 84:16 fact filled 98:4 final 6:22 7:17,23 8:7 9:20,23 48:8 68:9,10 10:3,8 18:7 19:11 27:3 61:13 63:19 67:6 70:6 71:8 find 31:11 43:11,1344:2 69:19 96:2 97:16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007082 [findings - health] findings form getting guessing 31:16 24:17 27:1 31:17 33:7 13:19,21 83:13,19 97:5 66:15____________________ fine 41:13 46:22 62:20 84:19 give h 28:19 54:3 55:6 56:8,21 60:6 72:7 83:18 finish 11:1926:9 37:11 47:15 54:11 formal 26:15 formulation 19:15 forth 21:25 27:20 36:7 37:22 39:22 42:20 57:12 76:17 93:7,8 given 18:3 hair 5:13 half 43:23 56:5 91:6 98:1 halowax finished 4:5 fire 98:6 10:12 giving found 69:18 87:13 13:18 15:3,5 22:5 25:22,23 glad 26:1631:7 32:11,1340:5 70:20 83:10,20 85:4 halowaxes 83:16 hand firm 44:5 76:21 glasses 60:12 63:12 67:16,24 71:17 3:19,22 101:14 first 5:9 8:18 12:8 19:22 21:22 21:24 23:20 24:16 25:5 34:12 39:24 40:7 43:14,16 foundation 15:14 four 5:17 45:9 47:9 48:2 50:22 59:24 61:2,7,10,22 62:8 31:22 glenn 1:4 2:4 3:3,15 101:5 go 36:20 38:6,14 44:4 55:5 75:20 76:2 77:1 100:19 102:16 handed 71:4 handful 44:3 48:11,13,13,15,23,24 72:19 76:5 87:9 89:25 68:2,15 72:21 79:9,21 86:5 94:23 49:6 52:18 54:23 65:11 frail 71:3,5 77:3,8 78:13 79:11 96:22 goal 12:4 handle 11:22 71:6 79:11 85:2 87:5 91:16 93:9 fraudulent goes 93:11,13,16 99:2 100:9,14 29:12,14,16,16,19,20 30:2 18:23 fit frequently going handled 80:12 handling 91:12 fitzgerald 99:10 front 11:22 15:13 16:7 17:12 20:9 24:17 26:1 29:17 36:4 84:12 85:6 hands 10:24 11:4 12:2,6,9,23 13:17 five 47:24 52:25 53:14 70:15 fumes 38:3 41:12 42:2 43:19 46:6,21 47:17 48:16 52:19 65:25 67:16 69:12,21 70:12 98:17 6:9 83:14 84:16 happen 35:14 41:20 18:13,1742:13,1444:13 furan 47:9 53:10,11,14,15,16 92:13 96:2 98:18,19 gonorrhea happened 37:21 58:16,25 59:18,19,24,25 furans 87:18,19,21 happy 61:7,11,25 62:2 65:22 68:5 93:9 95:13 68:6 69:8 86:24 87:10 furnished 94:23 22:4 flammable further 14:10 99:19 fluids furthers 11:12 14:5,6 19:18 good 4:3,4 59:9 81:8 94:4 goodness 23:7 gore 102:12 80:11,19,22 81:3 8:3,4 13:24 54:2,19 55:2 56:22 67:4 hard 51:17 88:15 89:8 93:18 harmful 41:9 harrison focus 10:23 63:13 future gospel 71:13____________________ 78:5 77:24 78:1,3 harrison's focussing g government 75:2,24 78:3 63:14 folk 96:12 follicles 5:13 gaffey 31:22 gasoline 37:15 gateway 97:2 greater 53:15 59:25 gross 80:6 harvey 4:16 has left 99:5 hate follow 85:6 followed 84:11 following 102:12 gee 25:13 george 23:9 grounds 87:11 group 58:21 65:12 66:1 96:18,18 groups 99:24 head 29:25 heading 4:24 5:5,7 10:24 49:22 50:2 5:6 80:11 84:10 85:13 germane 44:10 59:4 65:17 headings footnote 73:10,11 52:22 germicide 24:8 guess 27:2 43:17 66:18 77:2 78:25 48:17,18 health 4:15 10:12 72:2 89:4 94:5 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007083 [health - irritation] health (cont.) 94:17 95:5 98:7 hear 16:5 29:18 54:23 heard 23:6 93:13 94:13 heart 44:7 45:2 heat 11:12 14:6 95:20,20,20 helps 69:15,16 hemangiosarcoma 45:8 hematuria 6:109:14 herbicide 32:9 hereunto 100:19 102:15 herewith 100:17 hertzburg 29:3,21 hesitant 89:7 hesitate 89:6 hexachlorobenzene 77:19 high 44:18,21 46:19,23 higher 66:1 hire 88:4 hired 87:20,21 hiring 89:9 history 85:22 86:9,18,24 87:3,8 honestly 72:13 hook 91:16 hope 94:7 hopefully 68:1 hour 26:13 hours 100:13 huh 79:17 human 5:5 humans 5:10 76:18,21 hundred 8:1 husch 3:22 100:25 101:17 102:3 hydrocarbon 92:20,24 hydrocarbons 6:2 7:18 77:21 92:18 hydrogen 91:9 92:1,2,5 hygiene 99:8,12 hygienic 80:11 82:2 83:14,23 hygienist 98:25 i.e. 46:2 identification 43:4 67:23 71:25 75:16 identified 4:7 identify 15:15,1569:6 ignored 40:12 ii 78:19 illness 21:15 illnesses 31:11 97:10 immune 97:8 implying 54:12 important 53:24 54:3 64:21 65:23 83:15 impotence 6:9 7:17 8:12,17,19,24 9:3 impression 14:16 33:15 57:13 82:8 inch 76:5,5,5,7 inches 76:6 incidence 66:1 incident 97:5 incinerated information (cont.) 11:24 63:20,21 66:24 77:6 97:15 include 97:18 98:4 5:10 14:7,11 54:2,16 60:9 ingestion 60:14 97:18 5:22 95:10 included injuries 79:25 94:21 including injury 33:5 32:16 37:15 incorrect inside 15:17 41:10,16,23 increase instances 42:21 77:9 increased instituted 17:9 62:16 82:4 83:25 increases insulating 19:12 6:3 index intake 2:14 42:4 indiana intelligence 3:20 4:20 indicate intelligent 51:18 38:6 41:6 indicated interchanged 68:1 72:8 28:17 indicates intercourse 17:6 8:20 indication interested 72:10 33:21 indicator internal 53:14 75:3,25 77:7,25 individual interpret 28:13 29:25 40:3 65:17 5:18 88:4 interrogatories individuals 70:6 14:1 22:1 25:1 31:10 53:25 interrupt 65:7,9 77:19 72:25 industrial interval 38:5,7 40:5 77:17 83:19,25 46:25 87:16 95:6,9 98:25 99:3,4,6 introduced 99:8,12 73:23 industrially invitation 93:5 94:1,7 industry involved 13:23 89:9 33:19,22 inference involvement 83:18 13:14 14:18 inflame involving 27:2 85:24 inform iron 21:20 24:22 26:18 31:12 36:18 56:19 irrelevant information 20:11 66:21 4:24 14:13 21:10 23:20,24 irritation 24:11 26:2,5 27:22 28:1 39:6,10,12,15 43:23 47:7 50:24,25 61:18 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007084 [irvin - looks] irvin kelly knowledge (cont.) lifted 3:12 100:4,24 1:14 2:16 4:3,5 9:16,24 77:25 98:24 100:10 25:24 isomers 10:21,22 12:19 13:5,8 knowledgeable light 34:9 15:18,20 17:11,15 18:5,11 12:21 13:3 99:1 78:16 isselbacher 18:12 19:1821:1322:17 known limit 78:2 27:7,1628:11,17,18,22 5:9,21 93:1,3,7,9,11 55:9 issued 31:21 33:3 34:16 42:8,14 knows lindbergh 26:14 43:5 45:3 47:4 48:5 49:19 9:25 15:15,16 23:7 44:20 iv 51:13 55:1,5,7,9,10 59:7 krummrich line 72:2_____________________ 63:25 66:23 67:16,24 69:13 23:18 24:2 25:16,21 26:19 7:6 55:15,16 60:4 61:21 j 70:21,22 71:14,18 72:1,5 I lines jack 72:23 73:9,17 74:6,21 75:2 label 50:22 11:4 12:14,15,25 january 10:25 11:18,25 japan 5:17 97:5 75:17 77:1,6 78:8 82:20 35:8,11,14,17,20,24 36:3,4 lipa 88:20 89:11 93:12,15,20 94:4,12 99:21 100:8 101:11 kept 34:7,12,13 36:7,10,13,17 37:14,14,22 37:25 42:7 97:16,21,22,23 98:2 labeled 102:12 liquid 91:20 list japanese kettering 63:18,23 79:25 80:3 5:21,23 7:16 95:11,16,17 95:18,21,22 jaundice 29:25 kidney 96:7 labels 36:16 97:14,15,19 98:4 laboratories listed 68:6 79:23 80:3,4 83:23 85:9 85:23 86:18,19,21,24 jefferson kidneys 96:8 27:19,24 28:3,7,23 laboratory literature 68:8 70:18 85:9 95:5 97:4 100:3 killer 30:1 33:16 93:4 97:13 jenkins 3:23 32:10 kimbrough large 7:9 44:14 95:12,15 little 19:13 83:8 96:1 jobs 7:14,19 33:5,12,18 34:7 late liver 85:24 kind 93:5 45:8 76:18 77:10 85:22 john 30:4,6,8,15 31:5 jones 8:11 9:6 journal 4:12 83:15 kingshighway 3:11 100:7 knew 17:16 24:11,19,22 25:8,8 laugh 65:12 laundered 81:7 82:6 law 86:2,9,13,20 living 47:8 49:17 50:2,3,6,6 53:25 54:5,7 55:10,25 56:13 58:13,15,16,21,23 59:1,4,5 29:5 39:6 3:19,22 46:11,12 60:18,23 61:2,2 62:16 64:6 judge 46:11,12 know 4:10 7:22,23 9:24 10:13 lawful 100:9 64:22,24 65:8 locate judith 11:2,5,9 12:17 13:16 18:3,7 left 4:6,8 71:15 70:2,16 18:8,9 19:8 20:12,13,19,21 21:19 64:21 locations july 20:22 21:7,18 22:10,21,24 length 16:17 100:20 june 22:24 23:2,5,5,7,12,24 24:3 24:10,16,19 25:5,7 26:14 49:1,16 lesions 53:23 64:22 67:10 lockers 80:15 1:163:9 jury 16:9,14 27:3 32:15,18 27:8 28:25 29:24 30:7 31:4 31:18,20 32:3,4,17,19 33:2 33:9,9 34:6,12,13,14,15,25 6:7 71:1 letter 4:14,19 10:19 35:5,6 79:11 long 19:10 42:22 69:19 76:15 94:21 95:5 98:2 45:20 46:11 56:19 63:10,16 65:2 69:15 70:4,15,19 71:6 35:4,6,7 36:20 38:6,18 40:11 45:23 46:2,22 47:18 letters 34:22 36:21 38:18 longer 12:11 92:10 71:9 82:7,14 89:12 48:17 52:21 57:3 60:19,20 levels look jury's 61:9,10 64:1 65:20 66:14 22:5 28:24 25:14 29:9 41:6 48:5 49:14 69:1270:11_______________ k 66:19,20 67:6,11,1869:11 69:20 71:3 72:13,20 73:2 73:16,22 74:18,19,19 75:7 kanechlor 76:13,13,19 77:16 78:21 95:18 80:9 82:24 87:5 92:24 keep 93:10,13,16 95:15 99:8 34:3 knowledge 13:6 17:11,22 18:5 27:8,11 liable 41:20 libido 8:9,16,18,24 9:3,8 lie 26:22 lied 26:19 59:2 67:20 68:11,19 81:11 91:21 looking 4:6 5:18 44:23 45:7 47:18 49:21 looks 63:1 79:13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007085 [lose - mouth] lose 14:22 loss 8:9,16,18,19,19,23,24,24 9:3,8 lost 61:20 lot 18:3 21:7 57:9,19 67:14 68:2 71:11 lots 20:10 87:20,21 97:17 louis 1:1,26 2:1 3:1,11,14,23 7:20 8:23 21:14,23 100:8 100:27 101:2,19 102:5,14 lyle 99:5 lysol 24:13,19,23 m main 14:1744:1569:3 making 1913 27 12 malignant 77:10 man 8:1 9:6 40:12 66:16 83:10 85 4 86 3 7 12 management 81:8 82:6 man's 87:14 manufacture 6:6 11:14 91:1 manufactured 16:1624:1,4 32:7,9 manufacturers 1011 1111 manufacturing 12:10 24:3,4 98:20 mark 93:19 marked 43:3 63:11 67:22,25 75:15 marketing 17:16 material 11:16,21,23 13:19 14:9 32:13 41:9 42:19 48:19 9520 materials 148 math 62:25 73:20 mathematically meaningless minutes 61:24 63:3,4 64:13 65:10 66:16 16:5 71:4 mathematics means misdiagnosed 74:20,22 40:25 53:15 54:12 55:22,24 40:12 matter 58:15,18,19 59:3 73:16 misleading 48:9 57:4 67:7 87:7 90:12 28:21 51:12 57:17 63:16 matters means.that 66:21 70:14 100:10 58:20 misquoting maximum meant 40:7 89:6 12:15 55:20 56:23 98:14,19 missed mayers measure 40:18 6:23 82:2 mississippi mcc.ain measures 20:8,14,20 31:14 25:24 80:11 83:23 missouri mcclain medical 1:2 2:2 3:2,11,13,14,23 31:13 13:11 22:5 28:2,12 29:5 100:1,5,8,26 101:3 102:14 mccrea 30:1,13 31:15 76:4 79:19 mistaken 2:173:19,19,194:2,4,14 95:4 98:25 99:3,3,7,11 30:10 10:2,22 13:8 14:11,18 medicine mixing 15:20 16:8,12,15 17:6,11 75:3,13,25 77:7,23,25 28:12 17:18,23 18:1220:1222:14 96:13 99:4,6 mixtures 22:16,19 23:25 24:21 26:4 medium 72:3 26:12,14,24 27:14,18 28:10 95:21 mo 28:16 29:10,12,19 30:4,20 meeting 1:26 100:27 101:19 102:5 30:24 31:19 32:8 33:11 31:14,18,20 99:3 molecule 35:4 36:6 37:22 41:15 42:8 meetings 92:4,7 96:1,10 42:11,14,25 43:5,17 44:1 14:20 15:1 molecules 46:8,13,17,24 47:14,20,24 memo 92:10,21 96:10 48:5,22 50:5,14,17 51:6,13 101:1 moment 51:25 52:2,6,8,11,18,23,25 ment 53:22 54:14 55:2,7,10 56:13,17 100:6 monsanto 57:10,14,18 61:7,22 62:22 mention 1:7 2:10 3:6,15 6:14 9:7,20 63:20,22,23,24,24 64:3 18:25 44:9 9:20 10:21,24 11:5,7,13,23 65:24 66:3,10,23 67:3,4,10 mentioned 11:25 12:3,7 13:4,12,15,24 67:11,17,20,24 68:1,6,25 7:23 9:3,8 14:17 93:20 13:25 14:20 15:5,11,24 69:16,25 70:14,21,24 71:12 97:16,19 98:8 16:2,16,21,22 17:2 18:17 71:20,22,24 72:18,22 73:5 mercury 19:1920:7,17,18,1921:1 73:9 74:6 75:17,23 76:11 96:7,10 21:13,20 22:3,14 23:3,17 76:25 81:2,16,19 82:12,17 met 23:25 24:11,21 25:5,15,23 82:20 84:23 88:13,18,20 31:13 26:15,24 27:17,18,22,23 93:25 94:9 95:25 97:14,19 middle 28:6,10,13,18,20,21,23,23 98:9 99:20 5:6 88:17 31:13,15 33:4,10 34:3,6 mean mill 63:18,19 70:8 78:15,17,19 7:21 11:9 12:13 15:22 33:15 81:14,18 82:21,22,25 84:12 17:14 20:17 22:18 27:21 milligrams 93:22 94:15,17,19 95:1,12 33:8 40:1,6 43:17 46:23 73:14,17,21 74:8,9,22,23 97:6,8 98:10,11,21 99:2,17 49:9,25 53:1,6,10,14 54:8 million 101:5 54:17,20,22 55:21,23 56:6 16:2,25 17:9 18:1921:6 monsanto's 58:1459:1 60:1961:9,18 95:14,15 12:7 26:18 61:19 63:1 64:1 65:6 75:4,4 mind morning 78:1 83:18 87:13 93:13 15:16 4:3,4 95:14,14,15 96:3,5 97:9 minimize mortality 98:18 11:20 31:23 44:6 45:12 63:18 meaning minute mouth 28:17,18 54:11 81:11 95:10 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007086 [move - pathologist] move nitro obviously 96:18,20 30:5,9,14,17 31:7,23 32:6 20:10 40:24 85:3 multipage non occasions 69:14 44:7 45:2 33:4 42:5 87:9 multiplied normal occur 74:22 25:25 102:10 50:4 multiply north occurred 73:18 3:23 100:26 27:6 77:18 muncie notary occurs 94:2 3:12 100:4,25 102:19 45:10 musch note officer 42:9 43:16,21,24 48:8 13:7 101:8 50:21 51:9,11,17 52:1 notice offices 55:11 57:7,13 60:2,17,21 43:15 49:22 3:10 100:6 60:2461:1263:17,19,21 notoriety official 64:4,7,11 67:1,7 68:3,12,12 67:19 78:14,19 68:22 70:3,17 november oh musch's 4:17,25 31:12 16:5 24:1825:11 26:10 56:10 number 68:19 93:3,12 96:5 97:3 n nails 5:11 name 30:10 101:14 naphthalene 6:22,24,25 7:8 83:20 naphthalenes 83:11 necessarily 77:8 necessary 12:11 71:9,14 neck 6:1 need 16:10 38:24 45:12 81:5 84:12 85:5,5,21 87:12 97:22 needed 98:5 neglected 18:25 53:23 nestmann 30:4,7,8,15 31:6 32:17,18 33:1 nestmann's 31:16 nevertheless 25:23 new 6:23 14:13 nh 96:18 nine 17:9 59:24 62:11 75:16,22 5:25 16:3 30:11,11,13 33:3 99:18 33:8 42:12,14 44:8 58:14 oil 58:15,25 59:1,18 65:16 13:21 95:19 68:4 71:22 73:18,21 74:2,5 okay 75:21 76:8 78:25 79:12,22 16:13 26:10 27:17 52:4,7 82:10 56:7,21 57:18 59:9,10 numbers 66:23 68:24 72:14 73:8 4:11 15:17,21 17:24,25 78:7 82:2,13,18 44:3 45:3,18,20,22,24 50:9 old 51:1 57:9,24 58:6,8 60:2 86:21,22 65:15 older numerous 61:1666:14,16,18 13:1467:15 olive o 1:25 102:13 oath 26:3 55:6 object 9:22 12:16 15:1320:9,11 22:13 24:17 26:1,23,25 28:8 29:17 41:12,12 42:2 omitted 55:16,17,17 once 45:10 operation 88:2 43:19,25 46:6,21,22 47:12 47:1748:1,1651:8 52:19 opinion 5:20 66:16 52:20 57:16 61:19 63:15 opposed 69:2,21 73:20 74:4 76:2,23 81:10 objecting 51:12 objection 82:15 order 69:4 organization 84:9 27:13 31:17 33:7 50:18,19 62:20 67:9 73:1,3 84:19 objections 52:23 68:2 73:5 observed original 101:15 102:1 osha 25:22 26:14 ought 44:20 63:7 64:19 17:10 28:14 42:20 55:9 obtained 14:14 ounce 74:9,10,24 75:23 76:3 outset 12:2 outside 32:16 overall 56:2,3 overexposure 39:7,13 oxygen 90:5,15,20,21 92:8,11,15 92:24 oxygens 90:18,22_________________ P p.m. 3:9 page 2:15 4:7,8,23 5:3,6 9:16 10:17,23 12:8 15:8 16:18 68:13,19,20,21 69:3,10,14 69:23 71:1,7,16 72:17 73:10 76:8,15 78:24 79:5,7 79:21,22 80:9,10 pages 72:21 73:2 83:24 97:24 paid 102:9,10 papageorge 4:16 13:3 14:16 19:5,8 paper 17:1445:1 78:14 paragraph 5:9,25 11:2 12:1,9 68:13,20 68:21 69:10,23 71:1,8 85:13,18 paragraphs 5:6 98:2 pardon 15:4 19:9 29:13 park 26:19,22 27:10 parkview 44:18 part 1:15 19:22 43:22 68:3 participation 13:9 particular 43:12 44:8 70:9 85:20 particularly 10:16 parts 21:6,6 95:14,15 pathologist 21:25 22:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007087 [patient - profitable] patient person point present 73:12 18:11 39:16,22 46:11 58:12 12:24 35:4 44:15 45:4,25 70:4 94:3 pay 66:4,14 97:9,24 101:14 57:7,9 73:7 presented 44:13 98:3 ph.d. poison 32:18 pcb 4:16 35:21 37:6 38:14 39:17,19 president 11:8 12:10 14:4,5 33:4,11 phenethylamine 96:7,8,10 10:24 11:5 12:7 14:19,23 33:13 34:9 42:3 62:16 69:1 96:16 poisoned 98:14 77:11,17 82:3,15 83:25 phosha 39:23 presume 85:9,24 88:2,10 89:12,22 26:19,22 27:10 poisoning 44:12 81:21 89:24 91:1,7,22 94:16,17 phrasing 36:8 37:23 pretty 95:11 96:1 97:1,6 99:13 20:25,25 policies 53:24 63:1 pcbs physician 13:4 previous 5:10,22,23 6:3 8:25 10:11 40:4,5,11,15,18 policy 42:6 11:14,14 12:5 15:11,24 pick 12:7 primary 16:3,6,16 17:12,16 18:13 35:2 88:16 poly 77:10 18:17 19:20 22:1,8,9,20 picking 90:12 principles 23:1 26:7 30:18 32:7 34:6 44:16 polychlorinated 75:3,24 36:13 47:16 49:7,23 51:21 piece 4:21,24 49:5 52:9,17 77:20 probability 63:18 72:2 79:25 80:3,20 17:14 77:21 89:12,13 90:2 45:5 80:23 81:4,9,13 82:4,9,11 pigmentation pore probable 83:20 85:2,5,14,18 87:24 5:11 79:11,21 46:2,3,5,16 88:5 90:19 93:1,13,14 pillars porphyria probably 94:21,25 95:6,12,17,23 99:4 77:13 40:18 66:14,17 87:15 93:3 96:23,24 97:8 99:1 pills portion 99:14 pcdd 36:18 34:3,7 problem 90:10 pioneers posed 11:22 12:22,25 14:17,21 pcdf 99:6 10:1 15:25 19:21,25 20:5 37:9 72:2 90:1,4,20 place position 98:12,19,21 pet 92:11 100:13 54:22,22,23,25 55:3 86:9 problems 77:11,18 places 96:18,19,20 13:20,21 16:21,22 83:20 pending 70:15 positions 94:17,25 3:13 plain 87:23 procedures penicillin 45:12 possess 84:10,12 85:7 86:4 87:4,6,9 plaintiffs 6:3 proceeded people 1:5 2:63:4,15,16,18 possible 25:24 6:23 7:22 8:2 9:11 13:3 plaintiff's 11:21 76:19 85:24 88:10 process 24:25 33:12,25 36:18 44:11 2:21,22,23 4:6 19:19 43:3 potential 33:1991:11 44:12 45:9 49:17 56:1 59:5 47:4 48:12,23 53:3,8,12,18 15:25 18:14 19:20 produce 59:5,16 61:14,15 65:18,20 62:15 63:11 67:25 68:3 pounds 96:24 65:21,25 66:1,19,21 67:14 71:15,20 75:15,21 15:10 16:2,6,11,25 17:7,14 produced 83:15 85:6 87:21,21 97:5 plaintif's 17:16,22 18:6,9,19,22,24 3:8 97:21 67:22 20:7 21:8,11 product percent plans power 19:1 25:1 37:3,5 39:1,13 7:1 8:1 19:6 46:24 47:9 13:10 8:20 42:20 96:25 98:11,11,20 51:3,4,4,5 61:25 62:3,6,9 plant practice production 62:12,23 63:7 64:15 23:18 24:2 25:16,16,22 75:12 80:12,20,22 81:3,8 6:4 33:16 percentage 26:20 30:5 32:6 93:22 94:2 82:4 products 62:1,15 94:2 pregnant 28:24,25 percentages plaza 88:9 89:1,9 professional 61:16 101:18 102:4 prepared 1:24 period pleasant 63:11 67:17 96:1 professor 13:4 22:15 32:25 93:24 94:8 preparing 30:1 96:8 please 9:18 33:13 profit perry 4:8 47:14 78:8 presence 14:22 98:15,16 102:12 plus 26:20 profitable 92:8 98:11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007088 [prolonged - repetitive] prolonged 37:19 38:3,3 41:7,18,19 prominent 7:25 protect 97:23 98:5 protection 10:9 protective 25:24 84:21 proud 89:18 prove 45:19,25 49:10 66:22 provide 34:18 78:8 provided 81:7 82:5 psychiatrists 31:10 psychoneurosis 31:8,16 public 3:12 12:1 23:4 100:4,25 102:19 publication 72:9 78:16,20 publications 83:1 publish 81:17,18 published 29:4 30:23,25 66:24 67:7 67:1268:17 74:1 81:15,20 95:4 pullers 83:12 pulling 76:14 purportedly 76:4 purpose 71:11 purposes 71:25 pursuant 10:9 100:5 put 36:15,16,18,18 49:6 54:19 54:21 56:22,25 57:8,9 59:15 63:22 73:12 74:2 84:12 87:23 88:1 90:24 93:19 97:22 putting 41:7,8 q rating refer quantities 99:14 6:11,16,21 7:8 28:20 34:20 42:19 95:12 ratio 47:4 58:12,23 59:5 quarrel 47:8 60:18,23 61:2,3,7 reference 57:12 64:13 5:2,156:4,5,7,11,14,167:4 quart ratios 7:11,19,20,2531:1,16 34:1 61:18,23 34:1768:12,22 73:11,11 quarter rats 80:6 33:18 76:18,21 referenced quaterphenyls raymond 68:7 69:7 70:2,16 5:24 29:3 31:13 references question read 6:10 78:4 8:4 10:4 12:18 14:8,12,15 6:20 7:21 8:3 12:17 48:18 referred 15:14,19 17:25 24:14 35:23 51:23 52:5,7,15,22 73:11 67:14 42:3 45:15,17 46:22 47:15 76:1 77:2,3 79:14,15 82:14 referring 61:20,20 70:9 93:19 99:18 97:24 99:24 7:16 49:2,3 questioning reading refers 27:13 8:22 12:1326:2 27:1,3,15 4:20 7:6 58:11,22 59:3,16 questionnaire 31:2 41:14 82:8,14 99:23 82:9 90:14 10:16,19,20 69:3 ready reflect questionnaires 42:25 10:18 10:15 really refresh questions 9:8 43:18 29:9 4:2 10:1,10 19:1820:10 reason refute 27:1,12 28:14,22 30:3 13:1854:17 27:9,11 34:10 35:25 37:13 55:9 reasons regarding 69:5,6 70:9 71:15 72:24 13:16,22 10:11 94:24 95:1 73:6 76:24 77:3 88:15 89:3 recall regardless 89:20 94:11,12,14 98:10 23:13 32:22 88:23 95:3 14:22 99:19,20 receive registered quite 67:18 94:16,20,24 1:24 8:1830:11 38:5 43:11 recess regular 55:22 92:21 99:10 43:2 88:19 33:15,23 quiz recognize related 69:18,18 70:22 16:22 19:24 20:4 30:16 94:16 quotation recognized relevance 75:24 15:24 18:13,17 19:1920:15 26:7,1237:1361:17 quote recollection relevancy 12:2 75:4 29:9 20:11 quoting recommendations rely 32:12,13_________________ 85:3 68:14 77:7 recommended remain r 84:10 11:8 12:10 14:441:9 rabbits record remember 76:19 10:18 12:17 13:5,7 26:2,25 30:22 railroad 27:4 32:5,9 35:1 40:20 renate 32:10 43:20 63:15 88:21 7:14,19 33:5 raise recovery repeat 63:12 86:14 44:3 50:12 56:16 ran redirect repeated 25:22 2:18 57:14 94:10 37:19 38:4 89:7 rarity reduced repeating 45:21 100:12 77:23 rate reed repetitive 31:23 96:22 67:10 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007089 [replace - shoulder] replace returned s 91:24,25 100:17 safe replaces reversed 14:1 84:11 85:6 91:12 92:2 44:22 safely replicate review 39:5 57:7 7:5 9:2,18,21 sale report reviewed 11:14 8:16,22 23:3 31:5 40:3 44:5 9:2 10:5 70:18 sales 48:8 68:10 69:9,14 97:12 rice 98:15,16 reported 95:19 salesman 6:1,7 7:17 8:8 68:8,14,22 ridiculous 78:14,18,21 80:4 81:13 70:18 62:21 82:21 reporter right sample 43:2 67:22,25 75:15 7:3 8:13,15 10:5,17 15:21 34:3,7,13,14 reporters 16:15 20:23 27:10 32:10 samples 1:24 34:16,20 35:8 39:3 40:20 21:14,25 23:11 reporting 43:9,13 46:17 49:6 51:25 santophen 1:23 26:15 102:12 52:2,6,11 55:18 56:4,8,9,25 24:7,12,22 reports 57:16,18 59:8,9,14,17 60:6 satisfied 94:16,20,24 95:1,4 60:11,12,16 61:25 62:22 13:23 represent 63:9 64:24 67:18 71:24 save 65:7 75:19,23 72:10,12,15,22 73:9,15 70:10 71:5 represented 74:21,25 77:14,15,16 78:6 saw 3:18,21 78:21 79:2,10 80:5 83:3,6,7 9:6 29:23 78:17 83:4 98:1 reputable 83:9,17,18,22 84:3 85:10 saying 29:25 75:8 85:16 87:8 88:3,9 89:19,23 15:17,17 17:21 18:4,5 request 90:1,6,9,17,23,25 91:15,18 20:25 21:4,7 23:13 28:11 70:6 91:21 92:12,17,22 93:1,16 40:24 41:18 48:19,19 57:6 required 93:20 59:2 68:17 76:10 85:10 45:19,20,24 ring says requires 30:10 90:16 96:20 7:7 16:8 29:23 38:2 47:21 46:24 rings 48:25 49:11,14,22,23 50:2 residents 90:5,19,21 91:12,16,19 58:9 69:9 77:18 79:13,13 21:14,23 92:13,14 96:17 79:14 80:10 82:11 86:12 respect river school 28:5 20:8,15,20 21:2,5,9,11 30:1,13 44:18,21 respond rotated schwartz 70:5,10 88:2 7:5,20,23 8:5,23 9:2 response roush scientists 42:17,18 62:17 23:9 33:4,21 responsible route scrub 33:13 99:17 37:25 41:1,2 84:16 rest routes seal 72:20 36:10 40:23 100:20 102:16 result rug second 5:21 21:15 31:24 41:25 98:19,22 5:25 37:10 50:1,3 42:18 68:25 run secondly resulted 33:15 53:22 24:19 42:3 russo secret results 101:16 102:2 21:24 21:1623:3 rutter secretly retired 4:11 42:10,13 68:5 71:21 21:13,21 10:21 12:19 13:6 22:18 71:23 section 27:7,16 10:9 72:2,19,20 retirement seen 13:12 29:11 32:1 46:15 67:14 seen (cont.) 71:5 76:14 78:15,17 81:25 97:7,12 selected 33:11 selecting 33:20 sell 24:23 selling 18:18,21 19:1,16,16 98:20 send 33:17,23,25 34:1,2 72:6 sending 33:13,20 34:6 sends 10:14,15 sent 10:10 33:12 34:4 sentence 12:8 76:14,15,16,20 sentences 76:3,8,9 September 100:21 series 10:10 95:5 serious 94:21 96:7,9 service 81:23 83:2 set 32:15 64:21 100:19 102:15 setting 84:1 87:16 seven 32:20,23,25 43:3,20 47:5 48:3,12,24 50:2,20 51:11 53:4,8,12,19 62:15 63:11 severe 8:8 31:8 sexual 8:19,20 shaped 47:2 sheila 3:11 100:4,24 shipped 11:23 17:16 short 19:10,14 43:2 88:19 94:25 98:4 shorthand 100:12 shoulder 81:11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007090 [show - supervision] show sir (cont.) south statistically 8:3 15:1023:1263:1071:9 62:4,7,10,13,24 63:8,9 64:8 3:11,1996:13 100:7 43:14 44:5,15,23,25 45:11 90:7 64:10,12,14,16,18,20,24 speak 45:14,1946:1,1965:13 showed 67:13 68:14 72:15 73:9,15 48:1,21 50:12 52:20 status 21:16 95:25 97:14 78:10 79:2,3,6,22,24 80:5,8 speaks 52:10 58:10,11,16,17,18,21 showing 80:13,14,18 81:5 83:7,17 90:14 58:22 59:3 63:15 66:19 90:4 83:22 84:2,3 85:17 88:22 specifically stein shows 89:2,16,19 90:6,23,25 91:3 59:11 4:16,20 16:20 18:12 38:10 54:4 91:18,21 92:9,12,17 93:1 specimens stipulate 58:21 63:4 79:19 93:20 94:9,18,22 95:3,7,24 33:17 65:24 66:7,12 71:12 73:5 shut sit speculate stipulated 96:8 69:25 71:13 41:13 10:22 26:4 46:13 60:5 sick sitting speech 63:24 76:11 81:16 82:12 97:5 78:18 12:22 26:9 stipulating side situation spend 81:17,17 60:12 85:4 71:11 stop sign six spending 35:17 37:2 38:25 39:2,4,12 36:23,24 39:7,13 52:25 4:6 19:19 31:6 66:20 57:19 stopped 68:7 size spiker 18:24 24:5 signed 43:15 99:9,9 story 99:21 skillet spill 19:10,13 significant 95:21 25:15,20 street 43:15 44:4,5,15,23 45:1,11 skin spills 1:25 3:20 80:16 102:13 45:14,19 46:1,19 55:24 5:10,11 6:7 37:19 38:4,14 84:8 strongly 65:14 38:14 39:21 41:2,3,7,9,18 St 14:1 significantly 41:20 84:20 89:8 1:1,26 2:1 3:1,11,14,23 structure 44:22 65:13 skipped 21:14,23 100:7,27 101:2,19 96:21 signs 91:14 102:5,14 studies 36:7 37:23 39:23,25 40:1 skull stand 32:12 44:6,16 68:14 83:11 70:1,15,17 35:11 36:25 38:23 59:7 study similar slopped standard 5:17 29:2,3,21 30:14,22,22 96:3 85:2 46:18,19 31:21,23 42:9,15 45:18 similarities small standing 46:16 48:8 51:17 54:2,4 96:3 44:1665:11,12 27:13 73:3 63:18 67:7 68:3,8,9,10,12 simplification smoke start 68:15,16,16,21 70:3 70:19 37:16,16,18 90:25 91:2 sublimate simplifies sold state 96:9 70:14 15:11 16:2,16,25 17:2 1:2 2:2 3:2,12,14 12:2 13:5 subscribed simply 24:12,18,20 40:17,22 86:2 89:4,4 100:1 100:15 68:11 70:21,25 91:6 solid 100:5,8,26 101:3 substantial sincere 83:16 91:20 stated 50:14,20 93:25 solved 7:22 substitute sir 15:3,5 statement 13:23 4:18,22 5:1,4,8,14,16,24 somebody 8:2 12:1 23:23 28:16 33:6 sued 8:10,13 9:17 10:7 11:1 15:9 11:5 22:11 27:11 66:6,8,11 41:1746:8,1662:14,17 13:15 15:21,22 16:1,4,19,24 87:18 76:1 77:1 98:1 101:9 suffered 18:16 23:19 24:14,24 25:20 someplace statements 30:17 32:16 26:1728:4 31:9,19 32:1 45:10 61:21 12:18,20 27:2,3,16 suggests 34:11,20,21,24 35:10,13,16 soon states 48:11 35:19,22 36:9,12,15,22 13:22 18:1 5:9,25 10:9 12:9,12,14 suite 37:1,4,7 38:17,20,22 39:18 sorry 40:24 67:5 97:12 1:25 101:18 102:4,13 42:1,16 43:8,13 47:3,6,10 24:18 26:10 71:19 97:25 stating summary 48:1051:1553:5,13,17,20 sorts 12:7 84:14,18,23 80:6 55:12,19 57:23,25 58:3,5 10:15 statistic supervision 59:14,20,23 60:1,3,8,10,11 sounds 58:13 59:6 84:17 60:13,15,16,25 61:4,24,25 11:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007091 [supplied - transcripts] supplied talk testifying three (cont.) 33:4 80:21 94:1 26:3,4 69:3,3,10 71:1,2,7 72:20 supply talked testimony 76:5,6,7 87:3,6 92:4,7 14:5 26:5,6 9:6 76:17 93:21 36:16 43:7 98:9 97:24 support talking testing throat 27:4 54:22 7:98:12 16:11,1225:3 32:6 23:4 39:7,10,12 supposed 32:6 37:20 39:25 45:12 tests thrown 82:15 49:19,20 69:4 70:23,24 25:22,23 33:5,21 81:25 sure 77:981:11,1283:11 85:1 tetrachloride time 4:11 12:14,20 13:25 15:18 86:7 87:19,20 98:14,15 92:20 13:4 14:3 18:8 22:15 23:20 17:12 22:6 25:7,14 27:20 talks tetrachlorodibenzodioxin 57:19 63:9 69:12,22 70:10 29:23 39:24 41:5 72:17 7:5 77:20 70:11 71:4,5,6,10,11 73:7 81:1093:5,19 94:13 tankful text 93:22 survey 21:1 77:24 tissue 45:18 tape thank 21:1722:4 susceptible 88:12,13 57:10 58:9 75:1 94:5,6,9 title 97:10 tarda theirs 4:13,1478:11,13 suskine 77:13 58:2 titled 29:3,3,21,24 31:13,14,15 tax thing 5:5 swallow 100:24 26:9 28:25 45:7 48:20 54:8 told 38:5 96:8 taxed 61:1465:23 91:1796:17 10:14 23:8,9,19 swallowing 102:1 things tom 38:7 teachers 7:24 8:14 27:5,6 37:20 25:12 swann 44:19 50:25 75:5 83:14 97:16 top 8:7,16,22 technical think 10:23 50:3 52:5,7 71:25 sweep 9:24 7:6 12:22,23 13:2 14:15 89:22 98:19,21 technically 16:9,10 17:10,15,21 18:5 total swelling 92:23 25:3,13 27:25 28:13,15 60:11 62:2,5,8,11 102:6 5:12 tell 30:24 35:2 38:2,5 40:19 totally sworn 9:10,1223:10,14,1726:11 41:14,17,24 42:11 46:10,11 20:10 3:8 100:9 35:14,17,20 36:10,13 37:2 48:1,21 51:12 54:3 55:8,20 touch symbol 37:5,25 38:8,11,13,25 39:4 56:25 57:5,17 58:11 61:11 92:10 47:23,24 39:8,11,14,16,2541:8 61:13,1563:16,22 65:19 touching symptom 46:10,12 73:18 97:18 66:4 67:3,6 69:14,16 71:5 100:10 7:18,25 8:1,1 40:17 68:7 tells 71:10 72:8,25 73:25 77:25 tough symptoms 38:15 39:5 78:1,3 79:20 82:13 84:21 89:3 5:20 8:23 9:4 68:9 70:1,16 ten 85:19 86:7,11,22 87:1 toxic 70:17 7:1 62:8 86:4,21 94:14 88:12 93:5,8 94:14 97:20 5:9 27:23 77:18 96:3 synthetic 95:15 99:25 toxicity 85:1 term third 79:4 syphilis 46:4,5,15 79:21 94:21,25 11:2 toxicological 86:8 87:18,20,22 95:5 thirds 96:22 systemic terms 80:10 toxicologist 6:8 35:20 36:7 37:6,23 9:24,25 thomas 99:15 39:16,19 test 3:21 toxicology t 21:13,1622:8,14,19,23 table 23:1 27:18,23 28:2,23 42:15 43:18 44:8,17 47:8 tested 47:16 48:3,6,13,24,25 21:18,21 22:6,9,10,25 4912 50 21 23 51:14,17,23,24 51 10 55:11 10 11 63:23 23:11,13,1724:3 testified 63:24 67:3 32:21,23 42:4,6 tahlpQ testify 47:18 12:23 18:10 27:5 55:5 100:9 thought 77:25 4:23 17:3 19:2,17 56:12,22 trace thoughts 25:1 80:2 track three 72:5 6:23 12:1 42:15 45:9 47:8 transcribed 47:16 48:2,3,6,11,13,13,23 100:14 48:24,24,25 49:12,20 50:21 transcript 50:23 51:14,17,23,24 53:6 101:15 102:1 53:7,10,11 55:11 59:3,22 transcripts 43:2 88:19 95:10 101:12 59:24 65:8 68:13,19,20,21 102:8 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007092 [transfer - worked] transfer 11:12 14:6 95:21 transformer 13:21 22:2 95:2 transformers 11:12 14:5,9 treated 87:22 88:5 treatment 85:23 86:3 87:2,3,6 treatments 87:9 tremendous 29:24 trial 32:19 70:4 trichlorbenzene 92:20 trip 94:8 trouble 31:22 87:14 truck 37:15,17 true 7:15 55:17 84:3,5,7 truth 100:10 try 4:6 11:20 27:2 28:18 72:5 trying 26:5,9 27:5 46:10 49:10 51:8 57:7 tumors 76:17,21 77:10 turn 5:2 9:16 10:17 15:8 38:16 42:8,15 51:14 78:11,24 79:7 80:9 twice 42:20,22 81:7 82:6 tying 83:19 type 27:13 82:16 types 33:16 typewriting 100:15_________________ u uh 79:17 unclear 45:15,17 understand 29:18 30:2 understanding 83:7,8 understood 28:22 74:21 underwear 81:6 82:5 83:14 84:13 united 10:8 67:5 97:12 university 30:12 unknown 58:22,23 59:4 60:7 80:4 81:13 82:20 unnamed 41:14 unusual 23:12 urine 9:15 use 24:13,18,23 39:5 43:25 73:1 75:12 83:19 users 10:11 uses 12:4 usual 92:19__________________ v vapor 38:3 vapors 39:8,9,20 40:25 various 9:4,5 13:9,10 14:18 33:20 34:9 81:12 varying 42:19 verbatim 75:24 verifying 76:9 versus 28:13 vi 1:13 vice 10:24 11:5 12:6 videotape 63:10 view 45:4,25 viewed 24:25 vinotigan 99:13 vinyl weeks 45:8 86:3 87:7 Virginia welfare 30:13,15 4:15 visited went 93:21 44:18,20 56:12 68:9 99:3 vital west 52:1058:10,11,13,15,17,18 30:12,15 58:20,22 59:3,6 westinghouse volume 15:11 16:3,7,8,11,17,25 1:13 17:1,12 18:13,15,19 19:11 vs 93:21 94:2 98:24 99:17 1:6 2:8 3:5 101:5__________ we've w wagar 31:13,14 wait 16:5 79:9 walk 14:21 15:6 98:12,18,20 walked 98:10,10,13 waller 1:23 walls 25:22 walnut 3:19 want 6:17 13:5 26:8 35:23 36:2 48:17 49:9 54:18 55:5 56:16 63:1,14 64:4 68:19 68:20 69:12,18 70:9,21,25 72:25 74:12 88:17 93:14 96:5 war 78:19 warning 34:22 35:9 36:7,23 37:23 38:21 39:22,25 40:1 waste 69:12 wastebasket 82:1 wasting 18:8 69:22 water 10:10 waxes 80:16,21 81:1 83:13 85:1 ways 32:10 weed 32:10 week 81:7 82:6 86:6 18:3 73:21,23 76:7,14 wheeler 99:10 where'd 72:3 whereof 100:19 102:15 wholeheartedly 12:3 wish 94:4 withdraw 46:8,13 witness 2:15 3:8 9:19,20,23,23,25 12:19,21 13:6 15:14 17:13 17:21 26:6,1027:1031:15 48:16 50:16 52:21 70:23 76:6 94:6 99:23 100:8,11 100:15,19 102:15 witnesses 18:9 wok 95:22 woman 66:16 88:9 89:1 women 89:9 word 24:24 35:8 38:21 58:1,4 59:10,11,1563:2 69:10,13 69:19,20,23 79:4 words 42:19 44:10 47:22 48:18 49:24 50:1,11 90:19 work 7:16 12:4 13:11 25:24 28:5 34:8,15,15 65:19 66:6,10 81:6 82:4,9 86:5 88:5 99:2 99:13 worked 6:14,24 44:11,12 59:19,21 61:15 65:8,9,20,22 66:9,17 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007093 [worked - zack] worked (cont.) yesterday 94:15 4:5 worker york 8:7,16,22 9:11 40:10,25 6:23 41:6,14,17 82:16 84:16 younger 85:24 86:10,22 94:17 97:23 44:1261:16 workers yusho 6:2,2 7:18 8:25 9:7 13:25 5:21 73:12,25 95:8,9 97:5 22:2,2,3 26:19 30:5,9,11,13 z 30:15,17 31:7,10,24 32:14 32:16 33:1 38:5 50:2,6,7 54:4,5,6 55:10 56:13,19 zack 31:22 42:9 43:16,21,24 45:13 48:8 50:21 51:9,11 58:1,4,14,16,18 59:15,19 51:17 52:1 55:11 56:10 59:21,24,25 62:2,2,5,8,11 62:15,16 63:19 64:6,9 67:5 80:15 81:9 82:3,3,9,15 83:25 93:21 94:1 95:2,9 97:11 57:7,13 60:2,17,21,24 61:12 63:17,19,20 64:3,6 64:11 67:1,7 68:3,12,12,21 70:2,16 working 80:16,20 81:3 82:3,3 world 78:19 write 81:21 82:22 writing 93:14 written 7:14 15:23 78:14,18 81:22 97:3 wrong 57:12 80:1 wrote 78:21 79:19 81:13 82:21,23 99:10,10 X xerox 35:2 y yeah 16:9 17:6 67:2 70:24 year 10:20 12:20 14:14 17:9,17 18:6 44:11 54:7 56:5 59:19 61:1,15,16 65:21 86:22 93:2 years 6:1 9:7 15:11,16 18:13,17 19:1,12,1531:6 34:7 44:13 47:16 49:3,7,17,23,23 51:1952:1353:7,11,15,25 54:5,6 56:19 59:22 61:16 62:16 64:22,22 65:4,8,10 65:22 66:6,11,17 86:4,21 86:25 87:3,6,10 94:15,19 94:25 95:1 96:13,13 99:7 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 6 LEXOLDMON007094