Document JvK7g9r9NX6nykQpQKNN5dYwK

FILE NAME: Metropolitan Life (ML) DATE: DOC#: ML DOCUMENT DESCRIPTION:>ZZ dZZ^ZDdE l' ~ 1. 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 . 22 23 24 25 .' - ORIGINAL 1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS THE PRUDENTIAL INSURANCE ) COMPANY OF AMERICA, ) Plaintiff ) vs ) TURNER and NEWALL, PLC. , ) et al. , ) Defendants ) CIV IL ACTION NO. 85-2179-6 VIDEO TAPE DEPOSITION UNDER ORAL EXAMINATION OF WILLIAM EDGAR SMITH, M.D. -~~----------------------- , UNITED STATES COURT SOUTHERN DISTRICT OF NEW YORK THE CHASE MANHATTAN BANK, N.A., Plaintiff 87 Civ. 4436 (VLB) -against- TURNER and NEWALL, PLC., and TURNER and NEWALL, LTD., Defendants BRODY & GEISER Certified Shorthand Reporters 698 King Georges Road Fords, New Jersey 08863 JOB t 801253 (201) 738-8555 Brody & Geiser (201) 738-8555 or (212) 732-0644 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 SMITH-Direct 53 letter that you received. Is that correct? A Correct. Q Is that an accurate photocopy of the letter? A Yes. Q Attac~ed to that letter was the report of Dr. Knox and Dr. Doll. Correct? A Yes. Q What" if anything, did you do with that paper strike that. Did you read the paper when you received it? A Yes. Q Was it of any significance to you? A Yes. It seemed to be presenting the first really impressive evidence for an association between lung cancer and . asbestosis, because it had, as I recall, age-adjusted studies. Q Did you have occasion thereafter to share the Knox/Doll paper with Dr. Lanza? A Yes. Q What was his reaction to the paper? A His reaction to this paper was very much the same as his rea6tion to when I gave ,him the letter that I had gotten from Dr. Knox back in December of '53. I Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 54 1 remember taking it in thinking that this was 2 scientifically interesting information, and I remember 3 Dr. Lanza became very red in the face, slammed his fist 4 down on the table and said, nyOu know, you cancer 5 investigators are troublemakers. You are trying to pin 6 this whole cancer p'roblem on industry.n 7 And he was very -- I thought he was going 8 to have a stroke. He was very indignant about it. 9 o Is your letter of transmittal to Dr. Lanza 10 what has been marked as Exhibit IS? 11 A 12 Yes. MR. HANLY: , If I could just have a minute 13 to see that, please? 14 MR. ENSLEIN: Sure. 15 MR. HANLY: Off the record. 16 (Discussion off record.) 17 BY MR. ENSLEIN: 18 o So that the record is clear, Exhibit 15 is 19 dated what, Doctor? 20 A 10, December ' 53 21 0 And is this the transmittal letter for 22 Dr. Knox's December 3, 1953 letter? 23 A That's r~ght. 24 0 So you gave Dr. -- you initially gave 25 Dr. Lanza the letter from Dr. Knox dated December 3, Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 55 1 1953? 2 A That's right. 3 O And then you subsequently gave Dr. Lanz a 4 the later correspondence in '54 from Dr. Knox enclosing 5 his report? 6 A Yes. 7 MR. HANLY: Referring to Exhibit l4? 8 MR. ENSLEIN: Yes. 9 o Yes, that's Exhibit 14? 10 A Correct. 11 o Thank you, Doctor. What subsequently 12 occurred in your career, Doctor, at NYU after sharing 13 this information with Dr. Lanza? 14 A I was told that my appointment there would not 15 be renewed. 16 o Did you have an understanding as to why 17 that occurred, sir? 12 18 A He never told me why it occurred, no. 19 Q Did you form a belief as to why it 20 occurred, that your position was terminated? 21 MR. HANLY: I object to the form and 22 substance. 23 MR. ENSLEIN: All right. Let me rephrase 24 it. 25 o Did you have an understanding or did you Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 56 1 form a gelief as to why your position was not renewed? 2 A I did. 3 o What did you come to believe, sir? 4 A Well, Dr. Lanza had told ~e after this, and a 5 number of times before, that cancer investigators had 6 no idea of the pro~lems that they were creating for 7 compensation practice and for insurance companies by 8 making claims or reporting ~ata that would associate 9 cancer with occupational exposures. 10 MR. HANLY: May I have that answer read 11 back, please? 12 (Read back). 13 MR. HANLY: Thank you. 14 o Doctor, if I could hand you what has been 15 marked earlier in your deposition as Exhibit 7, your 16 letter to Dr. Armstrong of June 12, 1956, what was the 17 purpose of that letter, sir? 18 A This was to request a hearing at NYU, a hearing 19 on the on my being fired. 20 o Were you able to attend that hearing, 21 Doctor? 22 A No. 23 o Did you ever have occasion to discuss with 24 Dr. Lanza what role, if any, he played in Dr. Vorwald 25 leaving the employment of Saranac Lake laboratory? Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 57 1 A Dr. Lanza described that to me. I remember when 2 he came back from a meeting at Saranac Laboratory he 3 had been very -- let1s see, there were several of us 4 there. I believe that Dr. Nelson and also a 5 Dr. Goldstein were present when Dr. Lanza carne back, 6 and he was telling us that Dr. Vorwald had been doing 7 studies exposing animals to some beryllium compounds 8 and he had gotten -- found s~me cancers of the lungs in 9 some. of these animals, and he was going to report that, 10 and that in Dr. Lanza1s opinion the Saranac Laboratory 11 was not set up for cancer research, it was set up for a , 12 study of pneumoconiosis, and that he had seen to it 13 that Dr. Vorwald would have his service there 14 terminated and that he would -- he had applied for -- 15 Vorwald had applied for grants of further studies of 16 cancer effects of beryllium compounds, I believe, .~ ,.t; . 17 applied to the Damon Runyon Fund for that, and Lanza 18 said he was on the board of that fund and he was going 19 to see to it that Vorwald didn1t get that grant also. 20 He told me he had personally gone to see 21 the dean of a medical school in California where 22 Vorwald had applied for a position or was bein9 offered 23 or bein9 considered for a position, and was 90in9 to 24 see to it that he didn't -- didn't ~et that position. 25 Whether this was related to another Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 58 1 problem in California that had to do with diatomaceous 2 earth, I don't know. But I remember separately that 3 Dr. Lanza told me that he had to handle a problem 4 for -- that had come up in connection with diatomaceous 5 earth exposures in California and that that -- and a 6 Dr. Abrams, who was causing trouble for them out there 7 and -- by wanting to study men exposed to diatomaceous 8 earth dust, and Dr. Lanza had gone out there. 9 I don't know whether he had gone out 10 there, but he told me that he had to do something about 11 this and bring to the attention of this Dr. Abrams that 12 the State Health Department, which was Abrams' 13 organization, would need th~ agreement of industry to 14 make this study, and that he was going to see to it 15 that this effort would be contained, I think was the 16 word that he used. 17 Now, he -- I have a letter from -- I have 18 an article from Abrams which is published in the 19 American Journal of Public Health that that problem has 20 been -- that dragged along for twen~y years as a result 21 of which Abrams died, and that also I have a letter 22 from someone at Metropolitan Life asking Dr. Lanza to 23 do something about the trouble that Abrams was causing 24 out there by wanting to get into this. 25 o Do you have your correspondence from your Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 59 1 days at New York University with you here today? 2 A I do. 3 4 A 5 Q Can you share that with us, please? Urn-hum. MR. ENSLEIN: Perhaps we can go off the 6 record while we gather these materials. 7 (Off the record.) 8 (Exhibit Smith ~6 is marked for 9 Identification.) 10 MR. HANLY: Mr. Enslein provided to me 11 through Dr. Smith an opportunity to review a 12 folder of approximately one Inch in thickness 13 which is marked as Exhibit 16. 14 I have had an opportunity to briefly 15 look through this material. I think I spent 16 13 17 about twenty minutes doing so. I believe there is a lot of material in there which might 18 provide to T&N an opportunity to ask Dr. Smith a 19 number of questions about the events in issue 20 in this raised by Mr. Enslein,in this 21 deposition, and therefore at the conclusion of 22 the proceedings here today my position is going 23 to be that the deposition is not concluded and I 24 reserve my right, upon review,of that 25 material in more detail, to reconvene a Brody & Geiser (201) 738-8555 or (212) 732-0644 -------- SMITH-Direct 60 1 deposition with Dr. Smith's consent to further 2 examine him concerning this fairly voluminous 3 exhibit. 4 MR. ENSLEIN: For the record, the 5 m, aterials in question were handed me only 6 yesterday evening by Dr. Smith, and these are 7 being produced by the doctor in response to 8 subpoenas issued in both cases. I just wanted 9 the record clear on that point. 10 I don't intend to ask the doctor 11 questions about each of these documents, but 12 only relatively few of them ~hat are included. 13 BY MR. ENSLEIN: 14 Q Doctor, handing you what has been marked 15 as Exhibit 16, does this folder contain your 16 correspondence and other papers related to your tenure 17 at NYU? 18 A Yes. 19 Q Doctor, I would like to ask you a few 20 questions concerning a number of th~ documents 21 contained therein. 22 As I hand you these letters would you 23 please identify for the record the date of the letter 24 and the various parties involved and the correspondence 25 as we go, and then identify what the letter concerns, Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 61 1 if you could? The first letter, Doctor? 2 A This is a letter of March 22, 1949 to me from 3 Dr. Lanza and it is saying that he will be pleased to 4 become a "member of your group," which means the Cancer 5 Prevention Committee. 6 o This is a letter that Dr. Lanza wrote in 7 response to your invitation? 8 A Invitation to join. 9 o And I hand you what's been marked -- well, 10 excuse me. 11 Could you identify the next document for 12 us? 13 A This is a letter of January 23, 1950 to 14 Dr. Lanza from me, and it says, nIn view of clinical 15 data associating certain cases of lung cancer with 16 asbestosis, we would like to set up tests for 17 carcinogenicity of asbestos materials for lung tissue 18 utilizing the tissue transplant technique. n 19 And then it asks whether it would be ,":, 20 desirable to contact a manufacturer .and request samples 21 of asbestos, and whether I should do that or whether 22 Dr. Lanza might care to do that. 23 o The next document, could you identify that 24 and tell us what it is? 25 A This is simply a letter of appointment in 31, Brody & Geiser (201) 738-8555 or (212) 732-0644 ", SMITH-Direct 62 1 January 1950 appointing me as -- let's see -- on the 2 staff of the Postgraduate Medical School of the 3 academic year 1949-1950. 4 o And that's signed by the vice-chancellor 5 and secretary of New York University? 6 A Right. 7 0 I'm handing you the next documents which 8 are\clipped together in your file. 9 Could you identify the documents for us? 10 A Yes. This is a reprint from the American 11 Journal of Public Health, Volume 44, May 1954, an 12 article by Herbert K. Abrams. Titl~ of the article is 13 -Diatomaceous Earth Pneumoconiosis.- 14 Attached to it is a photocopy of a letter 15 of February 7, 1952 addressed to A.J. Lanza and signed 16 by w.P. Shepa~d, the third vice-president, Metropolitan 17 Life Insurance Company. 18. Q What does the letter concern? 19 A Well, this letter concerns let me read it a 20 little bit. It says, -Dear Tony 21 MR. HANLY: Excuse me. I object to the 22 form and the manner of proceeding. 23 o Doctor, is this letter of significance to 24 you in any way? 25 A Yes. Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 63 1 o In what way? 2 A This letter has to do with the problem that 3 Dr. Lanza had mentioned to me, a problem in connection 4 with exposure of men to diatomaceous earth in a mine in 5 California and the -- Dr. Abrams at that time was with 6 this Bureau of Public Health, I believe it was. He 7 was, I think, the senior officer in one of the 8 departments of that bureau, and he had wanted to do 9 studies of the health of men employed in mining this 10 material. 11 Now, as Dr. Lanza had told me about this, 12 he had been asked as indicated in this letter, he had 13 been asked by the Metropolitan Life Insurance Company 14 to do something about that, and I think the letter and 15 the article probably would speak for themselves. 16 o Briefly, do you know what, if anything, 17 Dr. Lanza did with regard to that problem? 14 18 A Well, I remember him telling me about it because 19 it's -- I felt he was giving me sort of a training for 20 how industrial medical problems and compensation 21 problems should be handled, the subtleties of the 22 problems and the complexities of them, and that he was 23 trying to protect the insurer from unjustified claims, 24 and how he was going to go about this. 25 And he was telling me that he had been Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 64 1 successful in getting the problem resolved in a way 2 that he felt was protecting the insurer from some 3 studies that Dr. Abrams wanted to conduct. 4 o Do you remember what Dr. Lanza did? 5 MR. HANLY: 11m sorry. With r.spect to 6 what? 7 MR. ENSLEIN: This matter. 8 A As I remember him telling me about this matter, 9 he was telling me that he had been able to -- as he put 10 it, put the lid on Abrams. 11 o What did you understand that to mean? 12 A I understood that to mean that he was -- had 13 done, in some way, protected the Metropolitan Life 14 Insurance Company against some action that this 15 Dr. Abrams was attempting to undertake that would 16 create possible problems for them. 17 And when Abrams sent me a copy of his 18 paper that he wrote some years later about it, he was 19 saying there, in summarizing the situation, as I recall 20 he was saying that he felt that the study of methods 21 for protecting men there had been delayed by some 22 twenty years, and I remember this as something that 23 struck me as the wrong way to be going about industrial 24 hygiene things. 25 It was the first real experience I suppose Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 65 1 that I had in mind in feeling that well, I could 2 understand the need for study of occupational problems 3 so that there would not be unjustified claims, but on 4 the other hand I felt that it was not right to be 5 delaying investigations and obstructing investigations. 6 Q Doctor, handing you the next document, can 7 you identify this for us? 8 A This is a note that I wrote to Dr. Lanza dated 9 December 10, 1953, and it's saying that I just received 10 the attached letter containing comment on lung cancer 11 and asbestosis from John Knox. 12 Q Is that your .original 'file copy for what 13 was earlier marked as Exhibit l5? 14 A Yes. 15 Q Thank you, Doctor. 16 Can you identify the next document for us, 17 please? 18 A This is a letter dated June 28, 1954 addressed 19 to Professor A.J. Lanza and written by me. 20 Q What was your purpose ~n sending that 21 letter to Dr. Lanza? 22 A My purpose was to ask for a board of review 23 having to do with my -- the termination -- his telling 24 me about the termination of my appointment at New York 25 university. Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 66 1 o Do you recall what Dr. Lanza's reaction 2 was when he received your letter? 3 A Yes. 4 o What was his reaction? 5 A Well, it must have been within a day or two 6 after I handed him ,this letter that he called me and 7 told me that I had no idea of the problems that would 8 be created for industries ana insurance companies by . - 9 claims that cancers were related to occupational 10 e~posures, and that the people who were putting out so 11 much along that line were troublemakers and were trying , 12 to pin the blame for the whole cancer problem on 13 industry, and that if I persisted in asking for this 14 hearing or submitted a letter like this to other 15 people, he was going to sue me for libel and this would 16 mean that he would take away my house and everything I 17 had. 18 o Next appears in your file are two sealed 19 envelopes. What are these? 20 A Well, I was -- as I was certainly shaken up by 21 his threat to sue me for everything I might have if I 22 distributed this letter to others and went ahead with 23 asking for a board review at the university, and this 24 letter, which I had sent to Dr. Rhoads, the director at 25 Memorial Cancer Center, I don't know that I had Brodv & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 67 1 actually mailed it because it doesnlt have any stamps 2 on it, but I guess I held it and didnlt mail it and I 3 left it here as evidence that I had not sent it out, so 4 that if he did sue me I felt I might have some 5 protection. 6 Now, h~re is a letter addressed to me from 7 Marion Sulzberger, M.D. Dr. Su1zberger was the editor 8 of a book that I contributed ,a chapter to, and I guess 9 I had sent him a copy asking him to help me out at the 10 university in this matter, and I probably asked him to 11 return it because this letter is addressed to me from 12 him. This envelope is addressed , to me from him, and I 13 haven1t opened that. ~ 14 Q Doctor, handing you the next document, 15 could you identify those papers for us? 16 A This is a letter dated July 25, 1953 addressed 17 to me from Arthur J. Vorwald, M.D., Saranac Lake, New 18 York. 19 Q And is that letter of significance to you, 20 sir? 21 A The significant thing to me is that he says, 22 -Dear Bill: On July 14, my resignation as director of 23 the Trudeau Foundation and Saranac Laboratory was 24 forwarded to the president of the board of trustees. 25 It distresses me to inform you of this.n Brody & Geiser (201) 738-8555 or (212) SMITH-Direct 68 1 The thing that impresses me about this 2 letter is that he is saying that he obviously is 3 unhappy about having to forward his resignation. 4 o Did you subsequently have a discussion 5 with Dr. Vorwald concerning his termination at Saranac? 6 A Yes, I did. 7 o Did you have occasion at the time of that 8 conversation to record or jot down notes concerning 9 that conversation? 10 A I did. 11 o And do you have that document with you, 12 sir? 13 A 14 15 A 16 Yes, sir. o Where is it? Here (indicating). o It is clipped to the letter? 17 A 18 Yes. o Could you identify your handwritten notes, 19 sir? 20 A Yes. 21 o What is it? 22 A Well, these are notes that I made on the date of 23 24, August 1955. 24 o Why did you find it necessary or decide to 25 record your conversation with Dr. Vorwald in that Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 69 1 fashion? 2 MR. HANLY: Objection to the form. 3 MR. ENSLEIN: Strike my question. I will 4 rephrase it. 5 o Why did you record the conversation with 6 Dr. Vorwald? 7 A I recorded it because I remembered what 8 Dr. Lanza had told me about how he had stopped an 9 investigation that Dr. Abrams wanted to make in 10 California, that he had. told me how he had stopped 11 Dr. Vorwald's studies of cancer by inhalation, 12 experiments with animals, how he haa stopped 13 Dr. Hueper's studies at the National Cancer Institute 14 where they were having problems with occupational 15 cancer, and then he had told me that my studies were 16 going to be stopped and they were going to get rid of 17 me, and I felt I wanted to get information about others 18 other than myself who had met this fate. o 19 Did you anticipate using this information ; 20 in the hearing? 21 A Yes. 22 o What took place during your conversation 23 with Dr. Vorwald? 24 A Well, my notes tell me what I asked and what he 25 answered. Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 70 1 o Could you tell us what occurred? 2 MR. HANLY: Well, I'm going to object if 3 Dr. Smith is going to read from the document. 4 If you want to ask him what his 5 independent recollection is, that's fine, but 6 the document speaks for itself. 7 o I would like, if you could, Doctor, to 8 read your notes, please. 9 MR. ENSLEIN: And I understand your 10 objection. 11 MR. HANLY: I object to that. 12 0 Go ahead, sir. You may go ahead and read 13 your notes. 14 A Well, the question ~hat I asked was "What was 15 the trouble at Saranac that you are having to leave?" 16 And then it says, "Vorwald" 17 "ANSWER: Tony (Lanza) did many 18 things for his own aggrandizement 19 and for the benefit of the 20 industries he served rather than for 21 the advancement of science." 22 Is that enough? There is a good deal 23 more, but it's all here if anyone wants it. 24 0 If you could, sir, since your handwriting, 25 unlike my own, is somewhat difficult to read, if you Brody & Geiser (201) 738-8555 or (212) 732-0644 . SMITH-Direct 71 1 could read through it. 2 A Read through it? 3 Q Yes. 4 A All right. My next question was, 5 "You mean that you feel that he 6 placed his obligations to firms that 7 had retained him as a consultant 8 ahead of advancement of scientific go knowledge? 10 ANSWER: Yes. And another thing I'd 11 like to know is why he brought in 12 foreigners. 13 QQESTION: Who are you thinking of 14 there? 15 ANSWER: Well, Schepers and Ken 16 Smi th. 17 QUESTION: Had Schepers done any 18 cancer research? 19 ANSWER: No. He hadn't done any 20 research. 21 QUESTION: Well, you had developed a 22 lot of experience in research, and 23 particularly in making a fundamental 24 contribution to cancer research. So 25 had I. When a man has developed Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 72 1 experience and is replaced by an 2 inexperienced man, wouldn't you say 3 that sets back progress? 4 ANSWER: Yes, I certainly would. 5 QUESTION: Would that not be an 6 advantage to interests that wished 7 to impede progress? 8 ANSWER: Yes, it certainly is. 9 QUESTION: Do you feel that 10 Dr. Lanza aided or impeded your 11 efforts to develop your cancer 12 studies? 13 14 15 16 17 18 19 20 16 21 ANSWER: Well, my efforts were certainly blocked and stopped, and my feeling is that Tony was in the background of this. But he is a very slippery fellow and it's awfully hard to pin things down definitely, but I know perfectly well that he got me out." And that's the end of it. 22 Q Thank you, Doctor. Could you identify the 23 next document for us? 24 A This is a letter dated August 24, 1955 to me 25 from W.C. Hueper, M.D., Chief of Environmental Cancer Brody & Geiser (201) 738-8555 or (212) 732-0644 SMITH-Direct 73 1 Section, National Cancer Institute. 2 Q Is that letter of significance to you, 3 Doctor? 4 A Yes. 5 Q Why? 6 MR. HANLY: Please note my objection to 7 the form of the question. S Q In what way iS,the letter significant to 9 you, Doctor? 10 A Here is a central paragraph. 11 MR. HANLY: I'm going to object to the 12 witness reading. 13 Q Could you paraphrase rather than reading 14 the paragraph, Doctor? 15 Tell us what in that letter is of 16 significance to you? 17 A The thing that is significant to me here is that 18 Dr. Hueper,'who was at that time chief of the 19 environmental cancer section at the National Cancer 20 Institute, says that his activities on environmental 21 cancer were discontinued in 1951, When I was requested 22 to stop such activities. This event was brought about 23 by a complaint, as I was officially told, and made to 24 my superiors in Washington on behalf of the American 25 Chromate Industry by Dr. Lanza as its medical Brodv & Geiser (2nl1 71R-AE\E\E\ nr (?1?1 7':t?-M::A.A SMITH-Direct 74 1 representative." 2 o Did you have an understanding as to what, 3 if anything, occurred with regard to Dr. Hueper's 4 research at the institute at this point in time? 5 A Yes. His work on environmental cancer was, as 6 he says, going to be discontinued. This means his work 7 on the epidemiological aspect of it. He was able to 8 continue some experimental studies, I believe. 9 o Doctor, after you left New York University 10 where did you go next? 11 A To Fairleigh Dickinson University. 12 0 And during your years 'at Fairleigh 13 Dickinson what was -- what kind of work were you 14 involved in? 15 A Well, half-time teaching of health and education 16 and the rest of the time in research work, laboratory 17 work. 18 Q Did you continue that work until your 19 retirment? 20 A Yes. 21 MR. ENSLEIN: Thank you, Doctor. I have 22 no further questions. 23 MR. HANLY: Doctor, I'm going to have a 24 number of questions. I wonder if we could take 25 a three or four-minute break, please. Brody & Geiser (201) 738-8555 or (212) 732-0644