Document MGDN8qpk835J5Qo0Yv3ny4O3j

7T J _____ * 3T 'w"% IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON - JAMES M. ADKINS, ) ADMINISTRATOR OF THE ) ESTATE OF RALPH E . ADKINS,) DECEASED, ET AL, ) ) Plaintiffs, ) ) vs, ) MONSANTO COMPANY, a Delaware Corporation, "7 Defendant. ) ) * ) ) ) No. 81-2098 APPEARANCES: Paul L. Pratt, Esq. Messrs. Bowles, McDavid, Graff k Love by Charles Love, Esq. and Paul E. Frampton, Esq For the Plaintiffs For the Defendant \ IT IS t PULATED Ul Building, Charleston, West Virginia, before JAMES W. MAY, a Notary Public within and for the County of Madison, State of Illinois; that the issuance of notice and dedimus is waived, and that this deposition may be taken with the same force and effect as if all Federal rules and statutory requirements had been complied with. IT IS FURTHER STIPULATED AND AGREED that any and all objections to all or any part of this deposition except objections as to the form of the questions asked or answers given, are hereby reserved and may be raised on the trial of this cause. **** *** DR. RICHARD C. WALLACE produced, sworn and examined on behalf of the Plaintiffs, deposes and says as follows: DIRECT EXAMINATION BY MR. PRATT: ,|v< * .y tr - Tell me your name, will you, sir? Richard C. Wallace. '` % ' - .4 How old a man are you? f^ I will be 62 July the 4th. ______ V_________________________ JAMES MAY REPORTING SERVICE ----- ----1-1--V i' *V 1 c Q Where were you born at? A Charleston, West Virginia. 3 Q How many brothers and sisters d o you have? 4 A Total born, there were seven t o t a l in my 5 family. Q What do they do? 7 MR. LOVE: Objection to the 8 question on the basis of materiality. 9 MR. PRATT: It's material because 10 he is going to be a witness in this case, and I may end up 11 with one of his brothers or sisters as a juror. 12 c 14 the question. You may answer. MR. LOVE: Go ahead and answer 15 A I have a brother, an older brother that is 16 a radiologist in Norfolk, Virginia, retired. 17 Q He is a doctor? 18 A Correct. 19 Q Where did he go to college, medical school? J 20 A College or medical school? ^ 21 Q Both. 22 MR. LOVE: Same objection. Can r 23 we just make that a continuing objection so I don't have to 24 continue to make it? ( V 25 MR. PRATT: Sure. James may reporting service 3/ k TV 1 MR. LOVE: Go ahead. 2 A He attended Hampden-Sydney College in Hampden 3 Sydney, Virginia, and the Medical College of Virginia. 4 Q Which was the medical? 5 A Medical College of Virginia. 6 Q When did he graduate? 7 A I don't know. 8 Q Does he have any family members that live in 9 West Virginia? 10 A No . 11 Q No. 12 A No. 13 Q All right. Tell me about your other brothers 14 and sisters? 15 A My older sister is living in Florida. Do 1 you want her job? 17 Q Yes. 18 A I am not sure I remember everything like this, 19 but I will try. She worked for awhile at a law office here 20 in town, in Charleston. 21 Q What did she do? 22 A I don't know. 23 Q You don't know? 24 A No. 25 Q Who was she married to? J m MES m a y r e p o r t i n g s e r v i c e %' * V * *>' c -J 1 2 3 4 5 7 8 9 10 11 12 13 ( 14 15 16 17 18 19 20 21 22 23 24 c 25 A I think his name is Jack C. Rogers. I am not sure about the first. Q Are they still living together? A Yes. Q Do they still live in Florida? A Yes. Q What did he do in Charleston? A In where? Q In Charleston, when they lived in Charleston? A He worked for the Unites States Government. Q Do they have any children that live in Charleston, the Charleston area? A No. Q How about the State of West Virginia? A Yes. Q All right. Which ones and where do they live? A He has a surviving daughter that lives in Huntington, West Virginia. I am not sure whether she lives in Barboursville or not. Q What is her name? A Sally Rogers. Sally Bias. Q Sally Bias? A Sally Rogers Bias. Q Now about the nextbrother or sister? James may reporting service M 1A 2 Earl. 3Q 4A 5Q 6A 7Q 8A 9Q 10 A 11 Q 12 A 13 Q 14 A 15 Q 16 A 17 Q 18 A 19 Q 20 A 21 Q 22 A 23 Q 24 he be? 25 A I guess that would be, I think his name was Earl, your next brother? Yes. He died iD infancy. Infancy, all right. The next child? That would be Virginia Wallace Moore. Wallace Moore? Right. And who is she married to? Roy Moore. And where do thosefolks live? She is deceased. All right. Did she have any children? Yes. He is deceased. And the child is deceased. Yes. Do you know where Moore is at? Yes. He lives in Florida. He lives in Florida? Yes. The next child? That would be Rodney B. Wallace. All right. And how old a gentleman would / -, He is deceased. J m MES m a y r e p o r t i n g s e r v i c e V 1 Q All right. Was he married? 2 A Yes. 3 Q Does he have a family here in West Virginia? 4 A Yes. 5 Q Tell me the members of that family? A John Phillip Wallace. 7 Q Where is he from? 8 A Charleston. 9 Q What does he do? 10 A I don't know, 11 Q You haven1t seen him? 12 A Not recently. 13 Q When is the last time you saw him? 14 A Four years ago. 15 Q Family get-together or what? l A My mother's funeral. 17 Q Funeral? 18 A My mother's funeral. 19 Q Okay. You don't know what he does? 20 A No. 21 Q Now he is your brother's brother, right? 22 A Pardon? 23 Q He is your brother's brother?. 24 A He is my brother's son. 25 Q Brother's son. JAM ES MAY R E PO R TIN G SER VIC E K w C > >> 1 2 3 4 5 6 7 8 9 10 11 12 13 rV 14 15 1 17 18 f 19 J 20 - 21 22 23 C 24 25 MR. LOVE: Paul, can we go off the record? MR. PRATT: Yes. (Whereupon discussion was had off the record.) Q Now let me ask you this. The next brother and sister? A We were still on my brother, Rodney * were we not? Q Okay. A He's got other children. Do you want to know about them too? Q Yes. A Robert Edward Wallace is a dentist in Roanoke, Virginia, Q In Roanoke? A Yes. Q He has no relatives or anything that lives in West Virginia? A Yes. Q Okay. Tell me about that. A Cousins and mother. We're going through those right now, cousins, are we not? Q Well, I thought what we had was brother over here. :$ j JAMES MAY REPORTING SERVICE 8 A No. Q That was cleaned out. What I'm really interestei in, sir, if you Just want to run it out is I want to know who is a relative of yours in the State of West Virginia? A Okay. Well, his mother, my sister-in-law. Q What is her name? A Katherine Wallace. Q Where does she live? A Charleston, West Virginia. Q What address, do you know? A On the west side. Q Okay. Who else do you have in your family? A In the State.of West Virginia? Q Yes. A Okay. We will keep on with Rodney's children. Katherine Wallace DeBord. Q Okay. Where does she live? A Probably Winfield. Her address is Winfield, West Virginia. Q Okay. Anybody else? A Yes. His son Steven Wallace has his wife 4 living in Kanawha. Valley. He does not live with her or he does not live here himself. _ Q What are their names? A Steven Wallace and his wife is Mrs. Mary JAM ES MAY R E PO R TIN G SER VIC E 9 J 1 Wallace, I think 2 Q Where do they work? 3 A Now Steven does not live in West Virginia. 4 He is a Safety Director of an FMC plant in New Jersey. 5 Q Okay. Does she live here? 6 A Yes. She is a school teacher. 7 Q And what is her name? 8 A I said Mary Wallace. Mary something or other. 9 I don't know. 10 Q Eow long has he been a -- what does he do as 11 a Safety Director, do you have any idea? 12 A No. 13 Q Do you ever discuss his employment with him 14 or anything like that? 15 A No. 16 Q Was he a Safety Director at FMC here? 17 A Ke worked here in Safety. He was not a 18 Safety Director. 19 Q Okay. How many years did he work here? 20 A I don't know. 21 Q Does he have children that live here? 22 A Yes. 23 Q Okay. What are their names? 24 A I don't know. 25 Q How old are they? JAM ES MAY R E PO R TIN G SER VIC E % <1*. C > 1 2 3 4 5 7 8 9 10 11 12 13 ( 14 15 16 17 18 19 20 21 22 23 c 24 25 A I don't know. Q Okay. Who is next? A Let's see, we have gone through Kenneth. I am counting here. Okay. That is five I think. And there is one more. And that is Edna Wallace Bedinger, B-e-d-i-n-gre -r. Q That is a sister, right? A Right. Q And where does she live? A Id Florida. Q Husband live in Florida? A Yes. Q All right. Have any kids that live here? A In' West Virginia? Q Yes. A No. Q Then there is one more? A No. Q Maybe that one more is you. A I am the seventh. Q Okay. Let me ask you this. How old are you? A I answered that awhile ago. : Q Go ahead and do it again. .,,j A I will be 62 the 4th of July. Q Okay. Where did you go to high school? A Charleston High School. JAMES MAY REPORTING SERVICE U % if) -It--- -- C l' tl 1 c2 3 4 5 6 7 8 9 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 c 24 25 Q What did you do after that? A I spent a year working here in Charleston, West Virginia. Q Doing what? A Office supply. Q Which company? A Thomas Office Supply. Q Where is it located? A Capitol Street. Q What did you do after that? A Attended college. Q Where did you go to college? A Marshall College. Q That is located where here inl West Virginia? A Huntington, West Virginia. Q How many years did you go to Marshall College? A Three plus. Q Were you under a deal to go to medical school you had three and three or something like that? A No. I Q Tell me about the courses you had in medical school or pre-med. What did you take? A I majored in chemistry. "is * r. w Q Okay. How many hours of chemistry did you A ^, V ** , have, thirty or more? I;,Vv*-. JAM ES MAY R E PO R TIN G SER VIC E . 12 % . r> 1 c2 A I don11 remember. Q Did you have any biology? 3 A Yes. 4 Q What type of courses? 11 5 A Well, zoology. - 6 Q Take your time. No big hurry. 1 7 A I can't remember anything else besides biology 8 and zoology. i> 9 Q Did you have microbiology? 10 A No. Not in college. n Q Did you have biostatistics? 12 A In college, no. Had physics. i i ' c 13 14 Q Physics? A General physics. 1 15 Q Did you have anything involving epidemiology? 16 A No. Not as far as I remember. I'm going to 17 qualify that. 1 18 Q 19 college? All right. Did you get a degree from that 20 A Yes. 21 Q You did it in three and a half years? 22 A Three plus. * -* 23 Q Okay. Did you go summers? Did you go to , . c 24 school summers? 25 A N o . `~ JAMES MAY R E PO R TIN G SER VIC E > z1 $ *' ri 1 2 3 4 5 6 7 8 9 10 11 12 c 13 14 15 1 17 18 19 20 21 22 23 24 c 25 Q Did you take a lot of hours? A That plus I took my zoology by itself in preparation for the medical school. Q Where did you go to medical school? A I attended the combined schools of Medical College of Virginia and West Virginia University. Q How many years did you go to medical school? A Attended two years at West Virginia University and two years at the Medical College of Virginia. Q Let's talk about the two years of Virginia. What type courses, what was your type of course that you took? A I took eighteen courses. I took final examination my junior year. Do you want me to go through those one by one? Q Yes. A The two roost important were medicine and surgery, I guess. Pediatrics. Q Now are you talking about the first two years of medical school? A No, I am talking about the last two years. Q Let's talk about the first two years. MR. LOVE: You asked him about Virginia. Q Well, I asked the wrong thing then. Give me JAM ES MAY R E PO R TIN G SER VIC E 14  ----- 49 i_=_._ _ . , >i <> 1 West Virginia, what you did- A Okay. Histology, biochemistry, anatomy, public K3 i 3 health, physiology, pathology, physical diagnosis, bacteriol4 ogy. This is tough. We spent two weeks at a tuberculosis 5 sanitorium. And I don't know what that course was called. 6 I don11 remember 7 Q All right. Now how about Virginia? Let me 8 ask you this before I go on to that. Do you have any courses 9 involving the study of etiology? 10 A Pardon? 11 Q Do you have any course at West Virginia 12 involving the study of etiology? C 13 14 A / Etiology? Q Yes. Cause of injury, cause of -- 15 A Not per se. They are all related, of course. 16 Q Tell me about the related course. How would 17 that work? 18 A Everything you took would point towards 19 treating injuries and illnesses, diseases. 20 Q How about chemical injuries? Did you have .21 anything there? 22 A I can't remember. 23 Q Of course, you are a chemistry'major in 24 college, right? c 25 A Right. i A JAMES MAY REPORTING SERVICE 15 r \ i Q Do you remember if you had in the first two 2 years in medical school any courses that involved injuries 3 to individuals through chemical exposure? 4 A Can't remember. 5 Q You can't remember or you didn't, one of the 6 two? 7 A Can't remember . 8 Q All right. Let's talk about Virginia now. 9 You went over there to finish your medical school school 10 training, right? 11 A Yes. 12 Q What courses did you have there? 13 A Medicine, surgery, pediatrics, urology, 14 nephrology, neurosurgery, public health, psychiatry. I've 15 got a blank. If there is any more, X can't bring them to 16 mind right now. 17 Q Let me ask you this. What about in psychiatry, 18 did you study anything about etiology? 19 A I'm going to repeat myself. Everything we 20 took pointed toward etiology. 21 Q Would you consider yourself a specialist in 22 etiology? 23 A N o . _ 24 Q What about public health? What courses did 25 you take in public health? JAMES MAY R E P O R TIN G SER VIC E ,1' v C 1it 1 A Public health. Q Well, tell us a little bit about public health, 3 will you, as you understand it? 4 MR. LOVE: Are you talking now 5 . about the course that he took? 6 MR. PRATT: Yes. 7 MR. LOVE: What did the course 8 consist of as best you can recall? 9 A Preventive medicine. 10 Q What is preventive medicine? 11 A Preventive medicine is the prevention of ,,* i C 1312 medical disabilities including injuries, diseases, infections, etcetera. 14 Q Caused by where or by what? 15 A Whatever was the causative agent. 16 Q Doesn't public health really have something 17 to do with the work place? 18 A No, not necessarily. 19 Q Well, does it have anything to do with the 20 work place? 21 A Som e w h a t . 22 Q Tell me about somewhat? 23 A Well, in public health you not only study J 24 individuals, you study areas and etcetera, regions. S Q Well, what you are talking about I guess then =j JAMES MAY REPORTING SERVICE 17 ;'i^ n t* i k-' I K5 3 4 5 6 7 8 9 10 11 12 c 14 15 16 17 18 19 20 21 22 23 24 ,, maybe is if everybody in Kanawha Valley has heart trouble, you might be interested in looking at it, right? A For instance, in Japan, I didn't see a chemical plant. Q We will do that later. But are you talking about that in the public health that you studied in college and medical school, that you studied the etiology of things or the cause of the injury? The cause of the sickness, right? A We studied etiology from the first tin I walked in medical school. Not only in public health. The etiology is the cause of a disease of injury or whatever it is. And if you sit here and kiss me anc give me pneumonia, that is my etiology is that kiss. I don't understand your question is what I'm saying. Q Well, no. What I am saying is just simply this. That you are an expert in, or you know about etiology. You know what causes certain problems, right? A Now you said, you used the word expert. Q Let me strike that qutstion. You, from the time you were in medical school, you were very cognizant of etiology or oi the cause oi the person being sick, is that correct? '- A Correct. Q And you were also a chemistry graduate? JAMES MAY REPORTING SERVICE 18 fi A I have a Bachelor's Degree In chemistry. Q All right. Now what year did you finish medical school? 4 A 146, 1946. 5 Q Okay. What did you do next? 6 A Interned. 7 Q Where at ? 8 A Ohio Valley General Hospital in Wheeling 9 West Virginia. 10 Q How long were you there? 11 A A year. 12 C 13 Q Is that a rotating internship? A Correct. 14 Q Tell me what areas you ere in? 15 A The entire hospital. 1 16 Q But what general services were you in? 17 A Medicine, surgeryurology, neurology, neuro 18 surgery i pediatrics, psychiatry, urology. Did I give you 19 urology? 20 MR. LOVE; Yes. 21 Q What did you do in neurology, sir, in your 22 rotating internship? 23 A Mostly physical diagnosis. c 24 Q Did you work under a Board-certified 25 neurologist? JAMES MAY R E PO R TIN G SER VIC E 19 h Hi i \ 1 2 3 4 5 6 7 8 9 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 c 24 25 A Can11 remember. Q What did you do? If you approached a patient neurologically, how would you approach that patient? A History. Q Would you do a neurological physical exam? A Yes. Q Tell me what you did as a neurological physical exam? A Physiologic and pathological reflexes. Q Tell me what they are? A Well, you start with the top of the head and you go to the bottom of the feet and examine these' individuals and whatever is normal cr abnormal. Q You tell me what you did. What are the tests? A What are some of the tests? Q All of them. A Well, equilibrium, Romberg test. I cannot bring to mind all of them right now but I will try. Q Try. A Okay. First you take the general appearance of the patient. Noting unsteady gait, slurring.of speech, evidence of paralysis, hair distribution, color* texture* In other words, you inspect the patient from head to foot. And then in the examination deals with checking the eyes JAM ES MAY R E PO R TIN G SER VIC E 20 ' 1 for light and accommodation, reaction. 2 Q What else would you check on those eyes? 3 A Sir? 4 Q What else would you check in a person's eyes? 5 A What would you check in a patient's eyes? 6 Q Yes. 7 A You mean the ophthalmoscope, is that what 8 you mean? 9 Q Yes. 10 A Ophthalmoscope, we would use that. 11 Q What is the purpose of that? 12 A You can see the, whether there is hemorrhages 13 in the eye, edema, the light reflex, etcetera. 14 Q How many nerves can you check in the eye 15 with an ophthalmoscope? 16 A You check the optic nerve primarily. 17 Q How many nerves can you check with that? 18 A I don't know. 19 Q You have no idea? 20 A No. 21 22 1946 now? MR. LOVE: Are we talking about 23 Q Talk about anything you want to. c 24 MR. LOVE: Well, your question is 25 directed to what he was doing in his residency. JAM ES MAY R E PO R TIN G SER V IC E 21 _r|___ if 'll** <T 1 C2 3 4 5 6 7 8 9 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 c 24 25 MR. PRATT: Yes. MR. LOVE: In 1946 at Ohio Valley Hospital, is that correct? MR. PRATT; Yes. ME. LOVE; Okay. Q What else would you check neurologically? A Oh, we would check the mouth, see whether there is any signs of paralysis. Whether the corners were equal and not elevated cr depressed. You would chock the face for any sign of paralysis. You would check the skin for disturbance in the thermal pattern. Check the arms and legs for pathological, and see whether physiological reflexes were intact. Q Let me ask you this. Would subjective, when you are talking about arms and legs, would subjective complaints of the patient mean anything to you? A 1 said the history was the first thing v;e did. Q But what if a guy had numbness in both the extremities, all four extremities? A Yes. Q What would that make you suspicious of or not suspicious of? -' A What diseases? Q Yes. JAM ES MAY R E PO R TIN G SER VIC E on  1 A Anything from psychosomatic illnesses to 2 pathological diseases. 3 Q Like pathological diseases, like what? - 4 A You mean give you an example? Multiple 5 sclerosis is probably the best one. 6 Q How about peripheral neuropathy? 7 A Yes. 8 Q That would be one, wouldn't it? Back in 1946, 9 how did you test for peripheral neuropathy from an objective 10 basis? 11 A The testing was very poor then. 12 Q No EMG's, no peripheral nerve conduction 13 velocity test at all? 14 A N o . 15 Q Were you able at that time in your medical 16 career to- diagnose any peripheral! neuropathy? 17 A I can't remember. 18 Q Okay, What other tests? 19 A Neurological? 20 Q Yes, neurological. 21 A Well, let's see. You would check the abdomen 22 for reflexes, temperature. I can't think of anything in 23 the chest examination that would help you too much other 24 than the skin. 25 Q Any other tesit of the extremities? JAMES MAY R EPO R TIN G SER VIC E r 7 A You would test the patellar and Achilles1 2 reflexes and etcetera. 3 Q All right. How would you do that, knock deal? 4 A Well, with a percussion hammer for one thing. 5 Check the temperature with whatever was necessary to use. 6 Check for touch, pain. 7 Q Are we talking about the extremities, the 8 lower extremities? 9 A All four of the extremities. 10 Q All four, okay. Did you ever touch anybody's 11 hands or the bottom of their feet? 12 A Oh, yes. 13 Q What do those tests show? 14 A Well, for example the Babinski, if it's 15 positive, usually points toward pathological disease. 16 Q Show brain damage, can't it? 17 A Brain damage? No, paralysis perhaps but not 18 necessarily any brain damage. 19 Q What if you have a positive Babinski? Wouldn't 20 that show brain damage? 21 A Not necessarily. 22 Q Would a Babinski test show brain damage? 23 A Same answer. Not necessarily. 24 Q What if it's positive, what would you do 25 with that? JAM ES MAY R E P O R TIN G SER VIC E Look for some pathological reason for It being causative* 3 ME* PRATT: Run that back. 4 (Whereupon the last question and 5 answer were read back by the 6 Reporter.) 7 Q What pathological things would you look for? 8 A Paralysis possibly. 9 Q Could it cause central nervous system damage? 10 A There are conditions in central nervous will n cause a positive B&binskl, yes. 12 Q That can be one of the things, right, the 13 objective findings of central nervous system damage, right? 14 A That is an objective finding, correct. 15 Q All right. Now let's go over to psychiatry. 16 What did you do in psychiatry? 17 A My training? 18 Q Yes. 19 A 20 work. We had no psychiatric ward in the hospital 21 Q What did you do? 22 A Any psychiatric patientsthat were admitted 23 we would work up. 24 Q What kind of work did youdo then? 25 A I'm sorry. JAM ES MAY R E P O R TIN G SER VIC E 25 0 >u \ *1 V* ^ '1 C 3 '' 4 5 6 7 8 9 10 11 12 c 14 15 16 17 18 19 20 21 22 23 24 ^ 25 l Q How did you handle that? What were you taught there is what I 'm getting at. A Again we had no psychiatric w a r d . . We weren't taught very much in psychiatry, in the hospital work. Q This is '46 to *48? A We had psychiatrists on the faculty, on the hospital staff. Q Well, let me ask you this. Were you taught in the psychiatric part of your training to take voluminous history? A Oh, yes. Q Or take a history? A Yes, history. We were taught that in physical diagnosis in medical school. We were taught that in physical diagnosis, not necessarily psychiatry. Q All right. What were you taught to do to treat somebody that you thought had a psychosomatic disease? In other words nothing pathological. What were you taught to do? A At that time? We would have a psychiatric consultation. We had some sedatives that were available for us then. Q What did you use back then as far as sedatives were concerned? You didn't use Valium. Valium wasn't around. What did you use? > JAMES MAY REPORTING SERVICE 26 --]<_____ Ir i A Phnobarbital 2 Q Barbital? 3 A Phnobarbital, yes. 4 Q How much time did you spend in that? 5 A Very little. 6 Q Okay. Would say that you are not an expert, 7 and maybe you are, on psychosomatic disease? 8 A What is an expert? I don't know of anybody 9 that is expert on anything in medicine. 10 Q Well, would you say that you're long shot 11 is not psychosomatic disease? 12 A Well, I'm going to have to say something here. 13 Q Go ahead and say it. 14 A I am in family practice. And anyone that 15 does family practice has to deal in psychiatric diseases. 16 Q How do you diagnose that, psychosomatic 17 disease or psychiatric? 18 A By a process of elimination. 19 Q Tell me about how you eliminate it? 20 A Get a complete history and physical. Run 21 other laboratory tests, x-rays. 22 MR. PRATT: How about.a small 23 time out? 24 (Whereupon a short break was 25 taken.) JA M ES MAY R E PO R TIN G SER VIC E I) 1 *1 2 3 .4 5 6 7 8 9 10 U 12 13 14 15 l 17 18 19 20 21 22 23 24 25 Q Any other tests you would run? A I said laboratory tests and x-rays. That's it. Q use x-rays? A What are laboratory tests and why.would you Psychiatric testing? ,,, Q Yes. A Oh, you would want a skull x-ray, of course. A CAT scan etcetera. CT scan is a better term I guess. Q Of course we are talking about 1946, I think. A Oh, we didn't have that then, a CT scan. Q What would you have done in *46? A What blood work was available and a skull x-ray. I can 't remember whether brain wave test was avail- able then or not. I don't believe it was. Q You you also talked about urology. A Urology? Q Yes. A You. Q What did you learn in school on urology? A Diseases and maladies, infirmities of the genitourinary system. Q How many hands on patients did you have, do you think? A Oh, I can't remember. Can't remember. Q Women and men? JA M ES MAY R E PO R TIN G SER VIC E 28 <# # ' 1 c2 Q Any other tests you would run? A I said laboratory tests and x-rays. That's it. 3 Q What are laboratory tests and why:would you use x-rays? A / 5 A Psychiatric testing? 6 Q Yes. 7 A Oh, you would want a skull x-ray, of course. 8 A CAT scan etcetera* CT scan is a better term I guess. 9 Q Of course we are talking about 1946, I think. 10 A Oh, we didn't have that then, a CT scan. 11 Q What would you have done in *46? 12 A What blood work was available and a skull c 13 x-ray. I can 1t remember whether brain wave test was avail14 able then or not. I don't believe it was. 15 Q You you also talked about urology. 1 A Urology? 17 Q Yes. 18 A You. 19 Q What did you learn in school on urology? 20 A Diseases and maladies, infirmities of the 21 genitourinary system. 22 Q How many hands on patients did you have, do 23 you think? c 24 25 A Oh, 1 can't remember. Can't remember. Q Women and men? JAM ES MAY R E PO R TIN G SER VIC E 28 0 1 C2 3 4 5 6 7 8 9 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 24 c 25 A Yes. Q You have no idea? A No. Q What were the other things that you learned in the second two years? We had public health. We had neurology. We had psychiatric. We had urology. What else? A Which one are you talking about now? Q This is when you were in the second two years of medical school. A Well, ear, nose and throat, ophthalmology'. Q Ophthalmology, what else? A Ear, nose and throat. Q ENT. Anything else? A Other than the ones we have alread listed. That's all I can bring to mind. Q Let me ask you this. How much time, we are talking about two years, did you spend in each of these services? A It would vary for the different services. Q Give me some idea. A I don't remember entirely. We spent more time in medicine, more time in surgery than we did the other services. (Whereupon a short break was taken.) JAM ES MAY R E PO R TIN G SER VIC E 29 1 (Whereupon the last portion of 2 the record was read by the Reporter,) 3 Q Okay4 A I did spend an additional month in psychiatry. 5 Q Okay. What was the reason for that? 6 A It was my elective. And I decided that is 7 what I would like to do. 8 Q Did you take any course in the four years in 9 preventive medicine? 10 A As it was in public health, yes. I believe 11 they called the course public health and preventive medicine. 12 I am not sure. 13 Q Say again? 14 A I believe they called the course public health 15 and preventive medicine. I don't remember. 16 Q And that was how long in your first two years? 17 A How long did I spend in it? 18 Q Yes. 19 A A long time. The Dean taught it. N o , I can't 20 remember. 21 Q One semester, two? 22 A One semester. No, we took it through a 23 complete one year. 24 Q How many hours, we are talking about semester 25 hours, would you have been involved in public health and JAM ES MAY R E PO R TIN G SER VIC E \ r i preventive medicine? 2 A We didn't go by hours in medical school course. 3 1 can't tell you how many semester hours it was. '4 Q 5 what year? Okay. Now you graduated from medical school 6 A 1946. 7 Q Okay. Were you ever in the service? 8 A Yes. 9 Q When? 10 A As a medical officer? 11 Q As anything. 12 A Okay. I originally went in the service in 13 the Enlisted Reserve Corps as a civilian. 14 Q What year was that? 15 A I guess *42. 16 Q And what was the name of that you went into? 17 A Enlisted Reserve Corps. 18 Q Enlisted Reserve Corps. 19 A Yes. 20 Q Tell me what in the world that is. 21 A I don't know what it was truthfully. I had 22 my acceptance in medical school, and the Army said go down 23 to the Enlisted Reserve Corps, so we won't call you right 24 now. 25 Q You already had one degree at that point, JAM ES MAY R E PO R TIN G SER VIC E #4 1 right? c2 3 4 5 No. Q Okay. Tell me how that happens? : A How did it happen? Q Yes. In 1942, you were in the Enlisted Reserve 6 Corps 7 A I guess the Dean told me to go get in the 8 Reserve Corps so I could go to medical school. 9 Q What did you do from *44 to *48 when you 10 graduated or *46? 11 A Okay. Next they put me in the Medical Reserve, 12 Medical Administrative Corps as a Second Lieutenant. c 13 14 Q All right. The pay is better. A Still was not in uniform. 15 Q The pay is better though? 16 A No pay at all, either one. 17 Q Okay. How long were you in there? 18 A Oh, I don't know. Maybe a year. No, I can't 19 answer that. I don't know. 20 Q What did you do for that year, Doctor? 21 A I was in medical school. 22 Q Where at, West Virginia? 23 A West Virginia University, Morgantown, West 24 Virginia. c 25 Q What did you do for the next year, if you JAM ES MAY R E PO R TIN G S ER VIC E 32 # 1 1 2 3 4 5 7 8 9 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 24 c 25 recall? A My next service, they swung me in the Army of the United States as a buck private. While I was in medical school, and then they promoted me to PFC. That was in the Army Specialized Training Program. Q How long were you as a buck private? A Not long. A month, six weeks. Q All right. How long were you a PFC? A From, I am guessing October of 1543 until March the 22nd, 1946. Q You were a PFC? A Right. Q And you were in medical school? A Right. Q All right. Then you get out of medical school in 1946, right? A Yes. They commissioned me as a First Lieutenant. Q So what did you do during the war? A Then they commissioned me as a First Lieutenant in the Medical Corps. Q What did, during the war, you were in service but you were in medical school? A No. The war was still going on when I was commissioned as First Lieutenant in the Medical Corps. JAMES MAY R E PO R TIN G SER VIC E 33 f 1 1 Q When were you commissioned? 2 A March the 22nd, 1946, the day I graduated. 3 Q I thought the damn war was over by then? 4 A No. The war wasn't over until -- they signed 5 the peace treaty after the Korean Conflict, whenever that 6 was. 7 Q That1s my war. 8 A That's right. 9 Q I thought World War II was over by '46. 10 A They still made us go register for that. 11 Q In ether words you were still in the service? 12 A Yes. 13 Q And you were finishing medical school and 14 you got out of medical school March 26th of '46, was that 15 it? 16 A Eight. 17 Q Now what did you do after that? 18 A I spent a year in Ohio Valley General Hospital. 19 Q Tell me what you did there? 20 A General rotating internship. May I go use 21 the little boy's room? 22 Q Sure. 23 (Whereupon a short break was 24 taken.) 25 Q All right. This is after '46. JAMES MAY R EPO R TIN G SER VIC E 1V 1 A Yes. 1946-47. 2 Q And you had a rotating internship. Tell me 3 about that. f 4 A We went through that once. Do you want to 5 do it again? 6 Q Well, you know, you are tricky. I am not. 7 I am just trying to get the chronology on you, Doctor. 8 A Tricky? I don't mean to be. 9 Q What the hell did you do from '42 to f46 if. 10 you were in medical school which is four years. Then you 11 went to Ohio Valley * 12 A I was in medical school from '43 to '46. 13 Q Okay. Was Ohio Valley involved in that? 14 A No. We took four years of medical school 15 in three years. 1 Q All right, fine. Then you went to Ohio Valley? 17 A That's correct. 18 Q Now where is Ohio Valley? 19 A Wheeling, West Virginia. 20 Q And what did you do there? 21 A Rotating internship. 22 Q Another rotating internship? 23 A It's the same one. 24 Q Same one as you had before? 25 A Same one. JAM ES MAY R E PO R TIN G SER VIC E 0# '- 7 3 ;4 5 6 7 8 9 10 11 12 ( 14 15 16 17 18 19 20 21 22 23 24 ^ 25 to MR. LOVE: Can we go off the record? MR. PRATT: No, just put it on the record. Just tell me. All I'm trying to find out is what the guy did. MR. LOVE: He has told you what he did at Ohio Valley in his rotating internship in some detail at least once. MR. PRATT: Yes. But you see what he is not telling me is the dates. ^ MR. LOVE: He told you he was there in 1947, *46-47. Q *46-47. And what you did then was public health, psychiatry, neurology? A No, no. Rotating internship. Q Routine internship? A Rotating internship. Q What is a routine internship? A Rotating internship, rotating. Q Okay. What is that? What did you do there? A Rotated through the various services of the hospital. Q Tell me which ones. MR. LOVE: Objection. He has been through this one before. Go ahead and answer again. ; JAMES MAY REPORTING SERVICE 3G . .: ' .i Q Tell me again. 10 A Do you want me to do that again? 3 : A' 5 Q Yes. . i A Medicine, surgery, urology, nephrology, neurosurgery, psychiatry, ear, nose and throat, ophthalmology, 6 urology. 7 Q That would get you out, right? What did you 8 do after that? 9 A Spent three weeks at Thomas Memorial Hospital 10 in'South Charleston, West Virginia. 11 Q What did you do for three weeks there? 12 A House Office!'. c 14 Q House Doctor? A Yes, 15 Q Emergency room? 16 A We didn't have any then. 17 Q Have yo\i ever had any further education than 18 your rotating internship? 19 A Every year, I have further education. 20 Q Before we get into that, are you Board-certified 21 in any field? 22 A I am a Fellow of the American Academy of 23 Family Practice. 24 Q All right. Tell what you have to do to ^ 25 become a Fellow of the American Academy of Family Practice? JAMES MAY REPORTING SERVICE 1 37 I\ 1 We have to have 150 hours of study every 2 three years* 3 Q Do you take oral -- do you know what oral 4 exams are? 5 A Oh God, yes* 6 Q Do you have to take oralexams? 7 A No. 8 Q Do you have to take written exams? 9 A No. 10 Q It's not like then being admitted, being n Board-certifled in neurology or orthopedics or something 12 like that? 13 A Now they have a Board, but I have never had 14 to take it. 15 Q Were you grandfathered? 16 A No. Just don't have it. 17 Q Don' t have it. Have you ever applied for it? 18 A No. Now I will go off the record when I say 19 this if I may. 1 started to take the examination but I 20 became ill and I couldn't go ahead so 1 quit. 21 Q It's no great sin. Somebody flipped a bar i 22 exam at me, I wouldn't take it. 23 A I was all prepared for it. 24 Q Are you Board-certified in any field? 25 A No. JA M ES MAY R E PO R TIN G SER VIC E 38 $ :*%; *a 1* 3 4 5 6 7 8 9 10 11 12 c. 14 15 16 17 18 19 20 21 22 23 24 c 25 CM Q All right. You got out in *47, right? A Went through my Internship in '47. Q All right. What about a residency? Do you have one of those? A No. Q Never had a residency? A No. Q What is a residency for anyway? A To make you more efficient in your selected specialty. Q You didn't do that? A Correct. Q What was the reason? A Finances. Q A worthy problem. A Yes. Q What did you do after *47? A Well, May IS, 1947, I was ordered to active duty. Q In what? A Army of the United States, Medical Corps. Q Okay, How long were you in the Army? A Approximately two and a half years as a Medical Officer. Q Were you on active duty? JAMES MAY REPORTING SERVICE ,, 39 "J 1 A Yes. 2 Q That period of time? 3 A Yes. 4 Q Where did you serve? 5 A Six months in the Pert of Embarkation in 6 San Francisco area. 7 Q That's got to be tough. 8 A Boring. Then I was sent to the Army 9 occupation in Japan. 10 Q Where at? 11 A I was attached to the Kagoshima Military 12 Government Team, Kyushu Military Government. 13 Q Were you close to Osaka, Kobe? 14 A Kyushu. 15 Q Honshu? l A Kyushu. 17 Q That is a different island than Honshu? 18 A It's the southern most of the four islands 19 of Japan, the four large islands. 20 Q All right. What were you doing down there? 21 A Primary duty was Public Health Officer. Also 22 had dispensary when I was on the teams. 23 Q Because it turns out later that you'd become 24 the big dispensary person with Monsanto. That is why I'm 25 kind of interested in the thing. What did you do in Japan? JAM ES MAY R E PO R TIN G SER VIC E G at 1 A Primary duty was Public Health Officer. My 2 secondary duty was Medical Officer for the dispensary. 3 Q What kind of work did you involve:in? - 4 A 1 thought I said that. That is why I'm 5 saying -- 6 Q You said public health? 7 A Yes. 8 Q Did you deal in biostatistics? 9 A Yes. 10 Q All right. Tell me about that. n A In a manner of speaking I dealt in vital 12 statistics. My position, 1 was in charge of the public 13 health officers for the military government team. And c 14 the Japanese people, government were under our jurisdiction. 15 First at Kagoshima, second at Kumamoto, and third I was 1 put in charge of the whole island of Kyushu with the 17 military government officers under me. 18 Q What did you do in the biostatistic area? 19 A Very little. The Japanese took care of those. 20 Q All right. What did you do in the epidemio 21 logical area? Did you do anything about that? 22 A Oh, yes. 23 Q Tell me about that? 24 c 25 A We would observe theJapanese care. Q What is your definition ofepidemiology, JAM ES MAY R EPO R TIN G SER VIC E 41 1 Doctor? 2 Should have brought me a Dorland's Medical 3 Dictionary. Epidemiology would be the study or^statistics 4 that would be the causative condition for various illnesses, 5 etcetera. Is that all right? 6 Q He don't know. 7 A Hell, 1 don't either. 8 Q All right. You were there how many years? 9 A From November, 194?, until August the 4th, 10 1949. 11 Q Okay. Then you didn't get out of the Service 12 as an Army officer. You got home, right? c 13 A Right. 14 Q Where did you go then? 15 A 1 was separated from the Service. 1 Q All right. Let me ask you, were you still 17 in the Medical Corps? 18 A X was separated. I was not discharged. 19 Q How many years did you serve inactive? 20 A Inactive? 21 Q Yes. 22 A I don't remember. 23 24 c 25 Q When were you discharged? A When the peace treaty was signed. Q What, in, Korea? JA M ES MAY R E PO R TIN G SER VIC E 42 1 A Gee, I don*t know. I think it was after 2 Korean Conflict. 3 Q August 27th, 1953. 1 was there. ' . 4 A That would be about it. 5 Q What is your serial number in the Service? 6 A 01747191. 7 Q All right. When you got.out, where did you 8 go from there? 9 10 11 12 c 13 14 15 A I returned to West Virginia. Q What city? A St. Albans, West Virginia. Q You opened your own private practice? A I opened my first private practice. Q You opened your first one there. By yourself? A Yes. 16 Q Okay. I guess during that time you must have 17 accumulated a family, right? 18 A Y"es. I have a family. 19 Q Okay. And again for the reasons that I don*t 20 want one of them on the jury if we try this lawsuit, would 21 you tell me about your family? 22 A I have a wife. 23 24 c 25 Q What is her name? A Mary Barbara. Q Okay. Go ahead. JAM ES MAY R E PO R TIN G SER VIC E 43 --- ti. 1 A I have two sons. 2 Q What do they do? 3 A They are physicians. 4 Q Where do they practice medicine? 5 A They are both in Charleston, West Virginia. Q And what are their specialties? 7 A Austin, my older son, is in ear, nose and 8 throat. And my younger son is in psychiatric training. 9Q 10 A 11 Moore. And what are their wives maiden names? The older son's wife's maiden name is Deborah 12 Q Moore? 13 A Yes. 14 Q How about the other boy? 15 A He is not married. 16 Q Okay. Other than two doctors, do you have 17 any other sons? 18 A No, I have no other children. 19 Q 20 think? Okay. How big are their practices, do you 21 A X don't know. Gi course, the other one is 22 just getting started. That is their own business, not mine. 23 Once they got an M.D., they are on their own. They give them 24 a living wage now when they go through training, not when I 25 did. JAMES MAY R E PO R TIN G SER VIC E 4$ 1 Q I know what you are talking about. Okay. You 2 started out in *48 you said, when you got out of school. 3 A Pardon? 4 Q '4S you got out of the military? 5 A *49. 6 Q `49, something like that. And you opened a 7 practice in St. Albans? 8 A Yes. 9 Q Okay. Other than continual training, you 10 would have had in service and -- 11 A Continuing training. 12 Q Going to school and so forth, have you ever C 13 had anymore formal training at that point to where you got 14, a piece of paper they call it, a Board-certification or 15 anything? 1 A No. 17 Q All right. Are you Board-certified at anything 18 now? 19 A 20 Q 21 training? No. But you have done what as far as continual 22 A I have continued to be eligible for re-election 23 in the Academy of Family Practice. 24 Q Okay. And what does that entail just briefly, C 25 so many hours? JA M ES MAY R E P O R TIN G SER VIC E 45 1 A At least 150 study hours every three years. c 2 That's the only section that does that. 3 Q Do you want to quit now? Okay with me. .'4 A We've got twenty more minutes. Let's use it. 5 Q All right, Doctor. I will use it. When you 6 first started at St. Albans, did you get any Industrial ' 7 clients? 8 A Private illnesses or industrial illnesses? 9 Q Tell me the difference. 10 A When I first started my private practice, I 11 saw only private patients. 12 Q All right. Nobody referred them to you, or 13 friends that Dr. Wallace is in town, something like that? 14 A Oh, 1 had that happen, yes. 15 Q Sure. Did you have any companies refer 16 patients to you? 17 A My first year? 18 Q Tes. 19 A To the best of my knowledge I don't think so. 20 Q All right. So what you were treating then -- 21 A Walt a minute. Do you count insurance 22 physicals? 23 24 e 25 Q Say again. A Insurance physicals? Q Which company? . JAMES MAY R E PO R TIN G SER VIC E 46 3$ # x---- 1V B 1 A I remember Prudential for one* KO Q Were you doing life insurance? 3 A Yes. 4 Q Were you doing any workman's comp where you 5 testified for the comp carrier that first year? 6 A Doubtful. 7 Q Well, doubtful. Did you or not? 8 A I don't know. 9 Q Doctors get all traumatic about going to 10 Court. And surely you would remember that. You don't 11 think you did any of that work? 12 A I get traumatic, off the record -- ( 14 question. MR. LOVE: Just answer his 15 A 1 don't know. 16 Q All right. 17 A 1 can't remember. 18 Q That is 1949, right? 19 A 1949, 1950. Up to September, 1950. 20 Q Tell me what organizations you belong to, 21 like the AMA and so forth. 22 A I no longer belong to the AMA. 23 Q You can't be all bad for that. A I belong to the West Virginia State Medical c 24 25 Association, the Kanawha Medical Society, the American JAMES MAY REPORTING SERVICE 47 ~i r 1 Academy of Family Practice, the West Virginia Academy of 2 Family Practice. 1 guess that's it. 3 Q Have you ever written anything? 4 A No. 5 Q Have you ever appeared before any of your 6 peers at Medical Associations and presented any papers? 7 A No. Now you say Associations. We all 8 present papers, cases at the hospital and things like 9 that. 10 Q I am talking about formal, a formal, where 11 you go in to put a suit on and give a talk? 12 A That would be written up, so no. 13 Q So we're up to 1950. I think it's a good 14 place to break it off. 15 MR. LOVE: Let's stop. 16 (Whereupon proceedings were 17 continued to May 24, 1983, at 18 which time the following 19 proceedings were had.) 20 Q Let me ask you this, Doctor. You have been 21 the plant physician for Monsanto at Nitro for how many 22 years, sir? 23 A September the 5th, 1950, to the present. 24 Almost 33 years. 25 Q And you also have private practice, right? JAM ES MAY R E PO R TIN G SER VIC E I 1 A Correct. 2 Q Are you paid by the, annually or how do you 3 receive your pay, monthly or what? 4 A Semi-monthly. 5 Q Semi-monthly, okay. Andwould you be 6 considered a full time employee of Monsanto? 7 A Part time employee. 8 Q Part time? 9 A Part time employee withfull time benefits. 10 Q How many hours a day doyou spend in the l plant normally? 12 A As many as necessary. Usually around one 13 and a half to two. Monday, Tuesday, Wednesday and Friday. 14 Q Now has Monsanto sent you to anyschools 15 over the years? 16 A Sir? 17 Q Has Monsanto sent you to any schools over 18 the years? 19 A They have sent me to conferences. 20 Q Can you give me some idea about what these 21 were and when they were? 22 A One of them was a week course in Morgantown 23 in general medicine, surgery. 24 Q Anything else? 25 A Oh, I have gone to various meetings for the JAM ES MAY R E PO R TIN G SER VIC E 1 AMA, Academy of Family Practice * 2 Q Okay. Anything specifically dealing with 3 chemicals, chemical injuries or exposures? 4 A Yes. 5 Q Okay. Tell me where your first -- 6 A Now these are conferences I'm talkingabout, 7 not meetings. 8 Q Okay. Would they be University? 9 A Now you are talking about meetings with other 10 physicians? 11 Q Yes. 12 A Okay. That would be at St. Louis. 13 Q Who would have been some of those conferences? 14 A The first one would be Dr. Henry Eskew from 15 Charleston. Dr. Emmitt Kelly from St. Louis. I think a l Dr. Malik was there. I am not certain about him. 17 Q Dr. Tillman? 18 A No. That was before Dr, Tillman's time. Then 19 later I went to another one. I don't remember, 20 Q Now what I want to do is go through some of 21 these records. Before we do that, what have you read or 22 studied about the toxicity of dioxin? 23 A Well, I have read some of the literature and 24 so forth. 25 Q Can you tell me what specifically you read? JAMES MAY R E PO R TIN G SER VIC E 1 A NO. 2 Q What body systems or organs does dioxin 3 affect? 4 A The skin. 5 Q Okay. Will it affect anything else? 6 A Not to my knowledge. 7 Q Okay. Do you know whether it will affect the 8 liver? 9 A Not to my knowledge. 10 Q Do you know whether it will affect the central n nervous system? 12 A Not to my knowledge, 13 Q Do you know whether it will affect the 14 peripheral nervous system? 15 A Not to my knowledge. 16 Q How about the lungs? 17 A Not to my knowledge. 18 Q How about the immune system? 19 A Not to my knowledge. 20 Q How about the gastrointestinal system? 21 A Not to my knowledge. 22 Q How about metabolism? 23 A Not to my knowledge. 24 Q Can it cause diabetes? 25 A Pardon? JAM ES MAY R E PO R TIN G SER V IC E ## 1D -T 19 * 1 c2 Q Can it cause diabetes? A Never been proven to my knowledge. 3 4 Q Can it affect the endocrine system? A Not to my knowledge? 5 Q How about the genitourinary system? 6 A Not to my knowledge. When I say not to my 1 7 k n o w l e d g e , I mean it has not been proven to my satisfaction 8 that It causes lt. 9 Q How about blood? 10 A Not to my k n o w l e d g e . 11 MR. LOVE: What was the question 12 on blood? c 13 Q How about blood? Will it affect the blood? 14 Not to your knowledge? 15 A R i g h t . 16 Q Do you know whether it's a carcinogen? 17 A Pardon? 18 Q Do you know whether it's carcinogenic, cause 19 cancer? 20 A No. 21 Q No it won*t or not to your knowledge? 22 A You asked me did I know whether It causes 23 c a n c e r , and I said no. _ c 24 25 Q You say it does not? A Not to my knowledge. * JAMES MAY REPORTING SERVICE 52 'll# 1Q 2A 3Q . 4 S-o-p-A-N 5A 6Q 7A 8Q 9A 10 Q 11 A 12 different 13 Q 14 A 15 Q 16 Parathon. 17 A 18 Q 19 headaches 20 abdominal 21 A 22 Q 23 A 24 plant for 25 Q Will it cause birth defects? Not to my knowledge. Okay. Do you know what Sop-A-Nox#is, Doctor? No, I don't. All right. How about Niran? Yes. Can exposure to Niran cause symptoms? Symptoms? Yes. Are we talking about Niran? Are we on a oical now? We are talking about Niran now. You changed it to a different chemical. Yes, we are on Niran which is really a It could cause up to and including death. Well, let me ask you this. Can it cause Yes. Those are symptoms it can cause, yes. Can it cause cardiac arrhythmias? I think so. We haven't had Niran around the rs. All right. Do they manufacture Niran now JAM ES MAY R E PO R TIN G SER VIC E # ll * >. f 1 c 3 over there? A Q No. When did they stop manufacturing that, do you 4 know? 5A 6Q I can't remember. Do you remember a product called A-JON-C? 7 A A-JON-C, yes. 8 Q What is that mixture, do you know? Do you 9 know what it is, what the chemical mixture of it is? 10 A N o . 11 Q Do you know what -- 12 A I don't understand what your question is. I am sorry. V 14 Q My question is what is the chemical mixture 15 of A-JON-C. What are some of the chemicals in it? 16 A What is A-JON-C itself? 17 Q Yes. 18 A P a r a m i n o b i p h e n y l . Is that what you mean? 19 Q Yes. 20 A O k a y . 21 Q That A-JON-C has PAB in it, right? 22 A Yes. 23 Q And what is your knowledge about PAB? What 24 can it cause? 25 A Bladder tumors, presumptive. J JAMES MAY REPORTING SERVICE 54 *' * 1 c2 3 . :4 5 6 7 8 9 10 11 12 13 ( V 14 15 16 17 18 19 20 21 22 23 24 c 25 Q Does it cause bladder cancer? A I said bladder tumors, yes. We don't know what causes the -- it's a presumtive diagnosis pf bladder tumors. " Q Okay. How about Aniline? What are the symptoms that you can get from exposure to Aniline? A Cyanosis, bronchial irritation. Q Anything else? A Well, it's never been proven. Q Can it cause liver and kidney damage? A Possibly. Q What? A Possibly. Q Okay. About Benzene? What are the symptoms? A We use very little Benzene down at the plant, i so I don't know. Q Do they manufacture Benzene? A Not to my knowledge. Q right? Okay. You don't know what Benzene can cause, A I know what it's been accused of causing, yes. Q What has it been accused of? A N o , I don11 . I am not -- Q Pardon me. JAMES MAY REPORTING SERVICE 55 *I 1 A I can't say that. I have never read that. 2 Q Okay. How about Carbondisultide. What can 3 it cause? 4 A Nervousness. I have had more experience with 5 it with Avtex than I have with Monsanto. Q I can't hear you. 7 A Could 1 have a drink of water. 8 (Whereupon a discussion was had 9 off the record.) 10 Q What symptoms can Carbondisulfide cause? n A Nervousness. It can proceed to coma con12 vulslons and death. 13 Q Can it cause brain damage? 14 A I can't answer that. 15 Q How about psychosis? l A Yes. 17 Q How about peripheral neuropathy? 18 A Sir? 19 Q Peripheral neuropathy? 20 A I don't know. 21 Q How about coronary heart disease? 22 A I don't know. 23 Q Can it damage the kidney and liver? 24 A I don't know. 25 Q How about Xylene. Do you know anything about JAM ES MAY R E PO R TIN G SER VIC E 1 that chemical? 2A Very little. 3Q -4 A 5Q at Nitro? Do you know what it can cause? No. Do they manufacture Xylene in that plant 7 A I don't know. 8 Q When did the plant stop manufacturing 9 2,4,5-T, do you know? 10 A No, I don't remember. 11 Q Would it have been around 1970? 12 A I don't remember. c 13 Q I'm going to ask you if you recall some 14 patients. Do you remember a guy named Roy Shank? 15 A Yes. Is he on my list? 16 Q I don't think so. 17 UR. LOVE: No, he is not. 18 Q 19 M-i-l-a-n? Do you remember a guy named Frank Milan, 20 A Yes. 21 Q Was he a patient of yours in the plant? 22 A Have I seen him in the plant? . 23 Q Yes. 24 c 25 A YesQ Okay. Let me go back to Roy Shank. I JA M ES MAY R E P O R TIN G S ER VIC E 57 I I 1 Q Millard R. McClanahan? 2 A Can't place him. 3 Q William Simmons? f 4 A Yes. 5 Q Ervin G. Bailey? 6 A Yes. 7 Q Okay. Earl Harris? 8 A Yes. 9 Q George Ferrell, F-e-r-r-e-1-1? 10 A I can't place him. n Q Okay. Roy Wright? 12 A Yes. 13 Q William Saxton? 14 A Don't remember him. 15 Q Donald Payne? 1 A Yes. 17 Q Byron Jones? 18 A Qualified yes. 19 Q Harold McClanahan? 20 A At one time there were thirty-two 21 McClanahans down there. I'm going to have,trouble getting 22 them straightened out. I am not sure. 23 Q Harold Newcomer? 24 A I can't remember the man. I remember the name. J JAMES MAY R E PO R TIN G SER VIC E 59 Q James Kyle, K-y-l-e? A I can't remember the man. I remember the name. Q James F. Asbury? A Asbury? Q Yes. A Has he got another name? Q Pardon me. A Has he got anickname? Q I don't know. A Qualified yes then. Q And T.A. Dent, D-e-n-t? A Some of these people I know by nicknames, and I can't remember them by their first names. You don't know whether he was called Asil or not, do you? Q No. A I would have to say qualified yes then. ,Q All of these people that we have talked about, is it your understanding that they were in the *49 explosion? A ' I can't remember that. them. Q A What? I don't know. I can't remember all of Q Did you work with, have you done work i JAM ES MAY R E P O R TIN G SER VIC E 6G --U-- V 1 with Dr. Suskind? 2 A Work with Dr. Suskind? . 3 Q Yes. 4 A No. 5 Q Do you know who he is? 6 A Yes. 7 Q Now have you treated Paul Willard over the 8 years? 9 A As a private patient? 10 Q Either as a private patient or as the plant 11 doctor. 12 A I have seen him as the plant physician, yes. 13 Q Was Willard ever a private patient? I may 14 have asked you that. Was he ever a private patient also? 15 A I don't remember. I believe you have my 16 charts from my private patients. 17 Q Apparently he wasn't. 18 Okay. Mark this Willard 19 Deposition Exhibit, Group Exhibit 1. 20 (Whereupon a document was marked 21 for identification by the Reporter 22 as Willard Deposition Group 23 Exhibit 1.) 24 MR. LOVE: May I look at it? 25 MR. PRATT: Yes. JAMES MAY R EPO R TIN G SER VIC E ' od! # 1 c 2 me what it is? 3 MR. LOVE: Do you want to tell MR. PRATT: Looks to me to be 4 a dispensary record. : -5 MR. LCVE: These do not appear 6 to be copies that we have furnished you. 7 MR. PRATT: Well, X don't 8 know where the hell they came from. 9 MR. IX1VE: I don't know where 10 they came from either, and that is why I was asking. 11 Because the copies we furnished were all numbered. 12 MR. PRATT: I don't have c 13 anything that you furnished on Willard, if you are talking 0 14 about numbered stuff. 15 MR. LOVE: I am speaking in 1 terms of personnel, medical and other file. And he is 17 one of many. He may have been one guy we had no records 18 for. But I think we had pretty detailed records on it. 19 MR. PRATT: Here we go. I 20 guess we had, what we had better do is mark this Willard 21 Group Exhibit 2. 22 (Whereupon a file folder was 23 marked for identification by 24 c 25 the Reporter as Willard Group Exhibit 2.) JAM ES MAY R E PO R TIN G SER VIC E 62  - V *L ,1 3 4 5 6 7 8 9 10 11 12 c" 14 15 16 17 18 19 20 21 22 23 24 ( V- 25 CM i Q Okay. Doctor, is this Group Exhibit 1, is that a dispensary record on Paul Willard? Does it appear to be? f MR. LOVE: Are you talking about the first page? MR. PRATT: Yes. Or if you would look through all of them just quickly. A Yes. The majority cl them appear to be dispensary records. MR. PRATT: What we ought to do, Jim, why don't we mark the page. (Whereupon pages of said Exhibit were marked for identification by the Reporter as Pages 1 through 35, resp e c t i v e l y . ) Q Let's take a look at Willard Group Exhibit No. 1, Page 1. Is that one of the dispensary records? A I don't know. It's not signed. Q Okay. It would appear to be so, but I don't know. Okay. What complaints and findings dc you find on that Page 1? A Some of this is prior to my association with Monsanto. Q Right. Well, what do you find on that document? A It says chlorine inhaled here, but it's not J JAMES MAY REPORTING SERVICE 63 V 1 signed. / 2Q That is in January of *47, right? 3 A Yes. 4 Q Okay. What about in 1954, what i s his 5 complaints or injuries? 6 A Temperature 101. 7 Q Okay. 8 A Coughing. 9 Q What is he complaining of, legs and chest 10 sore? 11 A Yes. Coughing, chilling it says too. Again 12 not signed. 13 Q Have you ever treated anyone for extremity 14 pain that has worked in this plant, legs or arms? 15 A Oh, yes. l Q Okay. Can that be caused from chemicals? 17 A I don't think it's been proven. 18 Q Okay. 1957, there is an entry. What does 19 it say? 20 A Nervous, pulse rapid, unable to getaccurate 21 reading, blood pressure, no results. Put to bed. Dr. Hoke 22 called. I don't know what that is. Pulse 120. Fifteen 23 minutes after medication. Blood pressure 110 over 80. 24 Again not signed. 25 Q Okay. Do you know of any chemicals that can JAM ES MAY R E P O R TIN G SER VIC E I . < I 1 2 3 4 5 6 7 8 9 10 11 12 13 c 14 15 16 17 18 19 20 21 :22 23 24 c 25 cause nervousness? A There is literature that states that carbon- disulfide can cause nervousness. Q How about dioxin? When I am talking about dioxin, I am talking about 2,3,7,8-tetrachlorodibenzo dioxin. A I don't know. Q You don't know if it can cause nervousness? A Never been proven to my knowledge. Q What is the next thing we see here? A Pulse fast and thready. Blood pressure 104 over 72. Dr. Hoke called. Morphine .one fourth gram stat. 8:45. Sent to Dr. Hoke office. 9:35 A.M. Tachycardia. Coronary embolism. Arthritis. Again not signed. Q What is the procedure at the dispensary? Is a nurse supposed to sign the thing? A I don't know where this came from. I don't know. Q Now let me ask you this. Do you know of any chemical that can cause tachycardia, coronary embolism? A Not to my knowledge. Q How about joint pair, or arthritis in the joints? A Cause arthritis? Not to my knowledge. Q 59. All right. The next entry is in October of Right. JAM ES MAY R E P O R TIN G SER VIC E 65 $lv c c c 1 Q What does it say? 2 A Pain in chest. Blood pressure 164 over 90. 3 Dr. Hoke out of town. Dr. Wallace called. 3:1.0 feeling 4 better. Left dispensary. Would not go to doctor today. 5 Q Okay. Do you know of any chemical that will 6 cause chest pain? 7 A No. I don't know what that means, pain in 8 chest. T don't know. 9 Q What is our next entry that shows 1960? 10 A April, 1960, blood pressure 168 over 110. 11 Pulse 84. Unable to walk, Legs in parentheses. Dizzy. 12 Unable to focus and think. Sent to hospital per ambulance 13 4:30 P.M. Dr. Wallace to see at hospital. Dr. Hoke out 14 of town. And that has the initials L.M. 15 Q Who is L.M., one of the nurses? 16 A There was a nurse down there, Louise A. 17 Morris. 18 Q Do you recall seeing him in the hospital? 19 A No. 20 Q Do you know any chemicals that will cause 21 dizziness or unable to focus? 22 Yes. 23 Q What are those chemicals? 24 A Hydrogen sulfide has been stated. 25 Q How about Carbondisulfide? JAM ES MAY R E PO R TIN G SER VIC E 66 1 A Well, yes. 2 Q Do you know whether dioxin will cause that? 3 A No. 4 Q You don't know? 5 A I don't know. 6 Q Okay. We are looking at Page 2. And this 7 purports to be a dispensary record. Are you familiar with 8 that document? 9 A No. 10 Q Okay. The first entry looks like October n of *61. What does that say? 12 A Saw Dr. Wallace. Shortness of breath last c 13 night. Unable to rest. Initials L.M. 14 Q Do you know if any of the chemicals that are 15 manufactured at Nitro will cause shortness of breath? 16 A Yes. 17 Q Which ones? 18 A Chlorine. 19 Q Okay. Do you know any others? 20 A That was one. yes. T don't know. There are 21 others I am sure. Hydrogen sulfide. :22 Q How about dioxin. 23 A Don't know. 24 Q The next entry. What does it say? That is L 25 November 1 of '61, I guess it is. JAM ES MAY R E P O R TIN G SER VIC E 67 1B 1 A Unable to work. Dr. Wallace trying to get 2 patient in the hospital. And initialed L.M. 3 Q Do you recall whether you put hiia in the 4 hospital? v- 5 A No. 6 Q Okay, On Page 3, does that document look 7 like one of your dispensary records? 8 A Possibly. Probably. 9 Q And it says Dispensary Record, right? And 10 itTs dated 1971- 11 A October, *71. No, Just 1971. 12 Q What is the first entry that you can tell 13 us? 14 A B-12, one cc given. Initialed D.G. at 3:30 15 P.K. 16 Q Who is D.G., just one of the nurses? 17 A Well, there was a nurse down there, Doris 18 Grisiger, I think. 19 Q Okay. Would you dispense the B-12 or would 20 the nurse? 21 A She dispensed it. 22 Q Okay. What is B-12 given for? 23 A I don't know what it was given for here. 24 Q Okay. The next entry just below that it 25 says what? JAM ES MAY R EPO R TIN G S ER V IC E ! 1 A Blood pressure checked. 170 over 80. B.G. , 2 3:10 P.M. 3 Q Okay. Then the next entry is what? 4 A 10:00 A.M., on 9/23. Came to dispensary 5 complaining of chest pain and shortness of breath. These 6 are abbreviated. Blood pressure ISO over 100. Pulse 7 something rapid. Bounding. Skin cool and clammy. Something 8 nausea. No emesis. Dr. Hoke notified. 02 given. Resting 9 in dispensary. If no improvement, will send to ER. 11:00 10 A.M., examined by Dr. Wallace. Sent home. Will call Dr. 11 Hoke and go to ER if further problems develop. Signed S.C. 12 Q That is, what nurse is that? 13 C 14 A We had a nurse, Susan Casdorf. Q Okay. And there is an entry at 9/27. 15 A Blood pressure 160 over 88, S.C. 1 (Whereupon a short break was 17 taken.) 18 Q Okay. I think we are down to 9/30. Entry 19 is blood pressure reading, right? 20 A 158 over 90, S.C. 21 10/28, blood pressure 170 over 22 80, A .S . 23 24 c 25 Q What is the next one, 10/29? A Vitamin B-12 injection, A.S. Q Okay. The next one is? JAM ES MAY R EPO R TIN G SER VIC E =i~ I) 1 A 1972, isn't it? 2 Q 1972, right. 3 A Blood pressure, March the 6th, blood pressure , 4 194 over 90, A.S. 5 3/7, FB something, R eye removed. 6 Irrigated. Stinging. A.S. 10:40 A.M. 7 Q Is that a foreign body in the right eye? 8 A That's what I would think. 9 Q Then it shows, the record shows that he 10 retired 8/1/72, right? 11 A I don't know. I can't read the date here. 12 It says something *72. Retired effective 8/1/72. 13 Q Page 4 is what? 14 A Duodenitis. It's the insurance form from 15 Leonard Hoke, M.D., concerning I guess Paul Willard. 16 Q Okay. What is the diagnosis there on that 17 document? 18 A Duodenitis, vascular spasm. 19 Q All right. Page 5 is what? 20 A Physical examination dated 11/14/1947 on 21 Paul Willard. 22 Q Okay. Do you see anything in that examination 23 that is abnormal? 24 A It's not signed. I don't know. 25 Q Doesn't appear to be anything abnormal, does it? JA M ES MAY R E PO R TIN G SER VIC E 1 A I don't know. It's not completed. 1 2 Q It's dated 11/15/47, right? 3 A Yes. * 4 Q Page 6 is what, sir? 5 A It says Notice of Accident Treatment dated 6 5/27/49, Paul Willard. 7 Q Is that signed by the nurse? 8 A I don't know. 9 Q What does that look like? 1 0 A I don't know. 1 1 Q What does it seem to say? 12 A Nature cf injury, inhaled chlorine fumes. c 13 Leak B-40, Building 40 I guess. 14 Q What treatment did they give? 15 A Two teaspoons full HVC in water, oxygen. 16 Q What is that? 17 A I don't know. 18 Q Do you know what that it? 19 A Not really. 20 Q You don't know what the abbreviation is? 21 A No. I don't know what it's for. 22 Q Page 7 appears to be some notes of some kind 23 right? 24 A Yes. 25 Q On 4/15/49, he was complaining of headache, JA M ES MAY R E PO R TIN G SER VIC E 1 V 1 if # ' ' 1 wasn't he? c 3Q \* 4 A 5Q 6A Who was complaining of headache? It says complaining. Who? I would take it to be Willard? I wouldn't. I don't know. There is no name 7 or no signature on it. 8 Q All right. Page 8 is one of the company forms. 9 'A Notice of Accident Treatment. 10 Q Yes. What is the nature of his injury there? 1 1 A Dated 4/1. It doesn't give the year. Yes, 12 *49. Date of injury was 4/1. Date of treatment was 4/13. c 14 Q Okay. What is the nature of his injury there. A It says dermatitis in ears. 15 Q What treatment was given? 16 A Some kind of a tablet. 17 Q You don't know what that is? 18 A No. 19 Q That is signed by the nurse I guess? 20 A L.M. 21 Q We've got on Page 9 a Monsanto document signed by you CM -c* 23 A It's my name. Not my writing.' 24 <- Q That is not your signature? A No, sir. JAMES MAY REPORTING SERVICE 72 f 1 Q What is this diagnosis of injury? 2 A I don't know. It says for something pains, 3 I guess. Off something work. 4 Q Off from work. Do you know that four one 5 could mean Building 41? 6 A I wouldn't hazard a guess. I don't know. 7 Q Do you know what they manufactured in 8 Building 41? 9 A Sir? 10 Q Do you know what they manufactured in 11 Building 41? 12 A They didn't have Building 41 in operation 13 in 1951. 14 Q When did that Building go into operation? 15 A Go into operation? I don't know. I know 16 when it stopped. 17 Q Page 10. That is Industrial Injury or 18 Occupational Disease Medical Report? 19 A It says Monsanto Chemical Company, Industrial 20 Injury or a .cupatlonal Disease Medical Report. 21 Q -.-.4nd that was signed by Dr. Nelson. Was he '22 your predecessor? 23 A Correct. 24 Q And he diagnosed this guy as chloracne, 25 right? JAMES MAY R EPO R TIN G SER VIC E ' 1 A Yes. According to that form. 2 Q What was the date you came here? 3 A September 5th, 1950. I think I have answered 4 that before, haven*t I? 5 Q Yes. Okay. Here is another form on Page 11. 6 And that is signed again by Nelson, right, or by the nurse 7 for him? 8 A Yes. ? Q And what is the diagnosis there? 10 A It says dermatitis in left eyelid. 11 Q All right. Page 12 is what? 12 A It's a physical examination dated December 13 the 20th, 1950, signed by me. 14 Q And what does it say? 15 A My findings? 16 Q Yes. 17 A It says generalized chloracne. Complaint 18 about aches, back ache and nervousness. And carious teeth 19 Q How about aching in the legs? 20 A That is the nurse's writing. 21 Q Can aching in the leg which is a complaint, 22 can that be peripheral neuropathy in the legs? 23 A Possibly. 24 Q Then it has down here in extremities again 25 the word aching, right? JAM ES MAY R EPO R TIN G SER VIC E 1 c2 A Correct, Q That was a physical that you did on this man 3 on December 20th of 1950, right? 4 A That's what T said awhile ago. 5 Q What? 6 A I said that awhile ago. 7 Q Okay. Next document is Page 13. And what 8 is that, sir? 9 A It's a Monsanto Chemical Company Industrial 10 Injury or Occupational Disease Medical Report dated 3/27/51 11 on Paul Willard. 12 Q tthat is thediagnosis of injury? c 13 A No diagnosis. Justsays off work. Legs and 14 back. Signed by my signature but not ray handwriting, 15 Q I think it says L.M, there. That would be 16 that nurse probably? 17 A It's L.M. I don't know. Ican't read it. 18 Q This would have been done by the nurse, right? 19 A Somebody more than likely. If not the nurse, 20 someone else. 21 Q Page 14 is what, sir? 22 A Return to work slip signed by -- strike that. 23 I don't know. J 24 c 25 Q Is that your signature? A I don't think so. JAM ES MAY R EPO R TIN G SER VIC E 75 ---- 1 Q Page 15. Who is Browning? 2 A He was, I remember a Browning that worked 3 at Monsanto. Hourly employee. ; 4 Q Was he a nurse? 5 A No. 6 Q Technic!an? 7 A Not to my knowledge. 8 Q Why would he be signing a Rotice of Accident 9 Treatment? 10 A I could only guess. 11 MR. LOVE: Get your page number. 12 MR. PRATT: Page 15. 13 A I can only guess. 14 Q Why would he be signing it? 15 A He would be working in the Service Department, 1 filled out an accident report. 17 Q And the nature of the injury? 18 A Inhales something gas. 19 Q H2S- What is H2S? 20 A Is that H2S? That would be while looking for 21 a leak. 22 Q Do you know what H2S is? 23 A Hydrogen sulfide. 24 Q Okay. The next one is Page 16. 25 A Inhaled H2S fumes. Accident Report. Signed JAM ES MAY R E PO R TIN G SER VIC E  by the nurse with my signature. Q Okay. A My name. Q Page 17, is that your signature? ' A Yes. Q Now what is that, the physical reexamination? A That is a physical examination May the 14th, 1952. Q And what history do you have there? A Coughing and wheezing. Q Okay. Do you know what this is over here? A Well developed, well nourished, abbreviations. Q Skin had chloracne, right? A Yes. Q Everything else looks -- what about the lungs? Is there some problem? A Rhonchi. Q Everything else looks normal,doesn't it? A Teeth were stained. Yes. Q Did you refer people to outside doctors? A Yes. Q Was Boggs,Hunter, Boggs one of the people you referred to? A Did I refer him to Dr.Boggs? Q Yes. JAMES MAY R E PO R TIN G SER VIC E A I doubt it. I suspect he already was going to Dr. Boggs when I came with the company. Q And Boggs is what, a dermatologist? A Correct. Q forms? Okay. Page 19. Is that one of your dispensary A It says Dispensary Record, Paul Willard. Q Okay. Looks like what we are talking about here is entries in July and August of *53, right? A They are not signed, are they? Q No. What is the entry of 7/7/53? A Back, legs and left arm sore. First Protomide. Q What is first Protomide? A He received a Protomide injection. 0 What is Protomide? What is is used for? A We don't use it at all anymore. It was withdrawn from the market. Q What was it used for? A Neuralgia type pains. Q 7/8/53? A States he feels worse. Two something Protomide. Q Okay. 7/9? A Back and legs feel some better. No pain in left arm. Neck okay. Third Protomide. Q Slept better than usual? JA M ES MAY R E PO R TIN G SER VIC E \ 1 A Slept better than usual, yes. 2 Q 7/10/53? 3 A Did not sleep last night. Very nervous. Legs 4 better and back better. Arms okay. Neck slightly sore. 5 Fourth Protomide. 6 Q Okay. Then on 7/20, what does that say? 7 A Felt about same until 16th. Then since then 8 been feeling good. 9 Q 8/6/53? 10 A Legs, feet, unable to work. Protomide given. n Q Legs asleep, isn't it? 12 A Is that what it says? Yes. 13 Q And 8/17, can you read that? 14 A Not really. Something about the right knee. 15 Q Number 20, Page 20 is a physical examination. 16 Looks like it's a series of physical examinations, doesn't 17 it? 18 A Yes19 Q First one in the first column is 7/25/58 I 20 guess. Was there any findings in that exam that were 21 abnormal? 22 A He had dentures. Paroxysmal tachycardia. 23 Q What is that, sir? 24 A Episodes of increased accelerated heart rate. 25 Q All right. On Page 20 again, April 22nd of JAM ES MAY R E PO R TIN G SER VIC E I 1 *59 you examined him? 2 A Yes. 3 Q And that one, except for the dentures, looks 4 normal, doesn't it? 5 A Yes. 6 Q And 5/7/82? 7 A Dentures. 8 Q Dentures and what else? 9 A Paroxysmal tachycardia. Rhonchi and lung 10 fields. 11 Q 10/9/63? 12 A Same results. 13 \ Q Same thing. And it looks like Page 21 is an 14 exam. Physical examination again and there are two of them, 15 aren't there? 1 A Yes. 17 Q One on 9/3 or 13/65. What- abnormalities are 18 there? 19 A Dentures, paroxysmal tachycardia, sebaceous 20 cyst on the neck and ingrown toenail. 21 Q Now looking at 7/20/70, whatabnormalities :22 are found there? 23 A Bilateral decreased acuity, auditory, dentures, 24 paroxysmal tachycardia, ingrown right toenail, Peyronie's 25 disease. JAM ES MAY R E PO R TIN G SER VIC E Q Do you know whether dioxin can cause Peyronie*s disease? A No. *#' Q Off the record. (Whereupon a discussion was had - off the record.) ' Q Page 22. Is that one of your forms from the Medical Department? A I think part of the history form, yes- Q Something that the man fills out apparently, right? A Yes. Q It *s not even dated. MR. LOVE: It appears to be the second page. Q Okay. Page 23, Doctor. What in the world is that? A Looks like a medical history. It's not sighed. Q Is that one of your forms that they used? A It's got an M down here. Monsanto form. Q It says shortness of breath. He apparently put down yes. Chest pain, yes. Chronic cough, yes. A Whoever signed it did that. Q Ease of fatigue, yes, JAM ES MAY R E PO R TIN G SER VIC E i t\ 1 c 3 :4 5 6 7 8 9 10 11 12 (. 14 15 16 17 18 19 20 21 :22 23 24 c 25 J) A Whoever signed It, yes. Q Any of these chemicals that are at the plant can cause fatigue? A You mean chronic fatigue? Q Yes. A Not to my knowledge. Q Do you know whether dioxin can? A No. Q You don*t know one way or the other? A Correct. Q Page 24, is that your signature? A Yes. Q That is a physical you did on this guy, on Willard on June 28 of *55, right? A Yes. Q And what was the history? A No history is written down. Q What is this right here? A Not acute or chronically ill. Q Okay. What did his skin look like? A Only isolated chloracne. Q Anything else about that physical? A His chest was clear to P and A. And teeth were carious and poor. Poor dental hygiene. Q When you do a physical or when you did a JAMES MAY REPORTING SERVICE J 82 * t * >1 l 1 physical back in the 50*s, what did that consist of? CM A A routine physical, I think we checked his .. 3 eyes, and again I'm only saying as far as I can remember. 4 And then did a medical history. Height, weight'and general 5 examination. 6 Q Would it consist of Just what is here? 7 A Yes, it should be an interval history somewhere. 8 There is no record here of his eyes being checked so I don't 9 know. 10 Q All right. That is the document on Page 24, 1 1 right? 12 Page 25 is what, sir? c 14 A It's an Accident Report evidently. Q And what is the nature of the injury there? 15 A Inhaled aluminum chloride fumes from Ohio 16 Apex. Then sulfur fumes. 17 Q What treatment was rendered? 18 A Penicillin. Something by Dr. Wallace. 19 Q Fifty thousand units? 20 A No, four hundred fifty thousand, isn't it? 21 Q Penicillin used to treat those fumes? 22 A I don't know. This is not signed by me. It's 23 signed by L.M., so I don't know. 24 Q Would you have used penicillin tor treat ^ 25 inhalation to aluminum chloride fumes? * JAMES MAY REPORTING SERVICE 83  V\ A No. A bronchitis with this inhalation, he may have received penicillin possibly. 3 Q Okay. Page 26, again is an accident form 4 I guess* right. Looks like two of them. 5 A Two different dates. 6 Q Tes. The one on top looks like he had some 7 kind of a physical injury. Does that say fighting, fighting , 8 fire, is that what it says. Pulled ligament in ankle, right, 9 signed by L. M. 10 Then November 4th, 1957, is 11 that right? 12 A Tes. 13 c Q Laceration, right index finger, cut on 14 something. Signed by L.M.? 15 A Tes. 16 Q Okay. On Page 27, looks like a Monsanto 17 form, right? - 18 A By the M. 19 Q Minor injury and accident report. And that 20 one is dated 9/17/58, right? 9/16/58. What is the state- 21 ment of the injury there? 22 A It says digging ditch. Inhaled aluminum 23 chloride fumes from Ohio Apex. That one is not signed. 24 Tes, it is, Louise Morris. c 25 Q Page 28 is what, sir? Another minor injury JAM ES MAY R E PO R TIN G SER VIC E 84 \IJ 1 and accident report? 2 A Bight. 3 Q And again looks like it was signed by or 4 treated by nurse. She has a aluminum chloride ?umes. 5 What was the treatment there? 6 A Had HVC again. 7 Q And what did we say that was or did we know? 8 A I would have to look it up. I don't know. 9 We don't use it anymore. It doesn't say but it must be 10 from the Ohio Apex again. 11 Q Twenty-nine I can't even read. 12 Thirty is another minor injury 13 and accident report, right? 14 A Are you asking me? 15 Q Yes. 16 A Yes. 17 Q Apparently there he Inhaled some fumes, 18 right? 19 A Fumes inhaled question mark. See that 20 question mark? 21 Q Yes. That was 7/21/59 I think. 22 A Right. 23 Q Treatment then was HVC oxygen, right? 24 A Right. Signed by L. Morris. ' 25 Q Page 31 is another minor injury and accident JAM ES MAY R EPO R TIN G SER VIC E 1 report. Looks like it's dated 8/20/59. What does It look 2 like the nature of the injury is there, irritation, right 3 upper lid? .4 A Yes. 5 Q What is that treatment, examine? 6 A Examine, BACG, bacltracian. Signed by E. 7 Hansom. 8Q Is that a nurse? 9 A I don't know. 10 Q Do you remember having a nurse by that name? 11 A No. 12 Q I see Red Reynolds' name over here. Who is 13 Red Reynolds? 14 A He was a foreman. I guess he was a foreman 15 at that time. He was in Personnel when I first came with 16 the company. 17 Q Page 32 is what? Monsanto form, I guess? 18 A Yes. 19 Q What does that tell us? 20 A Something andindigestion. 21 Q Is that Hart? 22 A I don't know. It's not signed. H-a-r-t. 23 Possibly it was filled out by an employee. I don't know. 24 Q Page 33 is a Monsanto Injury and Accident 25 Report. Looks like the date is what, 1970? JAM ES MAY R E PO R TIN G SER VIC E tt V 1) 1 1 A I would say November something, 1970. 2 Q Can you make out what the nature of the injury 3 is? 4 A It's not signed either, is it? 5 Q No. Page 34. Another minor injury and 6 accident report. Looks like treated by L.M., the nurse, 7 right? 8 A Yes. 9 Q And again he inhaled chlorine fumes, right? 10 A As far as I can read, yes. 11 Q Okay. Is that a -- Page 35 is a what, 12 hearing examination? 13 A Looks like an ear history. I see no 14 examination. It's not signed. Yes, it is. 15 Q Who is that, one of the nurses? 16 A C. Osborne, R.N. Are we through with that 17 one? 18 Q No, not yet. Is this one of the Monsanto 19 forms? 20 A I would judge that it is a history form for 21 audiological examination. 22 MR. LOVE: Do you know where 23 these records came from? 24 MR. PRATT: No idea'. 25 Is it one of your forms in the JAM ES MAY R EPO R TIN G SER VIC E o ili 1 plant? 2 A Can I go off the record? 3 MR. LOVE: Just answer his 4 question. 5 A I can hazard a guess. Q All right. 7 A What I say awhile ago, the history form for 8 ear examination. And this is the history form I think. 9 They are cards. And this is on the back and the examination 10 is on the front. 11 Q Okay. This looks like the history, right? 12 A Yes. 13 Q 4/27/72. Okay. Do you want to get some 14 lunch? 15 (Whereupon a lunch recess was 16 taken.) 17 Q Doctor, I have looked over the documents in 18 Willard Group Exhibit 2 and the documents in Willard Group 19 Exhibit 1. And Exhibit 1 are by and large found in 2. So 20 what I want you to do, it will take a little time, but it 21 will be a lot better than going through these things one :22 at a time. I want you to look through these documents 23 and I am going to ask you some questions, okay? Take 24 your time. 25 MR. LOVE: For the purpose of JAM ES MAY R E PO R TIN G SER VIC E i 1 the record and Mr. Pratt has handed to Dr. Wallace a file 2 styled Willard comma Paul M . , medical file consisting of 3 certain pages numbered 9415141 through 9415287 inclusive 4 which he has reviewed. 5 Q Doctor, you have looked at those records 6 when we looked at the records that are marked as Willard 7 Deposition Group Exhibit 1. Do you see in those records m 8 any medical reason why this man should have retired at the 9 age of 59? 10 A Medical reason? Was that your question? 11 Q Yes, sir. 12 A What year was that please? 13 Q He retired at 59. And that was in 1972. 14 A There is nothing in his record concerning 15 his health, in this record, present record signed by 16 myself for the two year period prior to his retirement. 17 At that time, I note nothing that would be cause for 18 physical disability. 19 Q I'm going to hand you Willard Deposition 20 Group Exhibit 1 and ask you to look at Pages 20, 21. And 21 see if you see anything there that would cause him to 22 retire early. 23 A No. 24 Q Do you think the man is suffering from coronary 25 heart disease? JAMES MAY R EPO R TIN G SER VIC E  fr'. * \ J) X. 1 C2 3 4 '5 6 7 8 9 10 11 12 13 ( 14 15 1 17 18 19 20 21 22 23 24 c 25 A From this record, there is not note of coronary heart disease. Q Does he have tachycardia? A Tachycardia, yes. Q So from the records that you have looked at, both Group 1 and Group 2, you see no reason for retirement on a medical basis, is that it? A Correct. Q Were there any chemicals that you know of at the Nitro plant that would cause coronary heart disease or could cause it? A Not to my knowledge. Q Were there any there that you know of that would cause arteriolsclerosis? A No. Q Okay. Now you went to work there what, September 5th of 1950? A Yes. Q Do you know Ray Suskind, Dr. Ray Suskind? A Yes. Q When did yow meet him? A I can't remember the first time. Q Approximately when? A I really can't answer. I don't know. Q Fifty's or sixty's? J JAMES MAY REPORTING SERVICE 90 I> T" i A I don't know. 2 Q Did you participate, you know those studies 3 that he has done on these people at Monsanto? 4 A No. 5 Q You have never read any of his studies? 6 A Yes. 7 Q You have? 8 A No. I have neverread anyof hisstudies, 9 no. 10 Q 11 1949 -- 12 A Did you know of a study that was done in I did read one of his last studies. The 13 results of some of the examinations the last time I saw 14 him. 15 Q Well, let's see if wecango through them 16 chronologically because there is several of them. Did you 17 read any study, Ashe and Suskind. Ashe was also at Kettering, 18 that was done in 1949? 19 A I think I did. I can't be sure. 20 Q Okay. Do you know what their findings were 21 at that time? A No. Q Did you read another study by Ashe and Suskind, 1950? ' A I don't know. JA M ES MAY R E P O R TIN G SER VIC E  0 JV *l. i Q > '1 HR. PRATT: Might as well mark KJ these, Jim. 3 (Whereupon a document was marked 4 for identification by-the Reporter 5 as P l a i n t i f f s 1 Deposition Exhibit 6 lO 7 Q I am going to hand you what is marked Plaintiffs i 8 Exhibit No. 1, Doctor, and ask you to look at that. 9 A Look at it or read it? 10 Q Look it over. Take all the time you want. 11 Okay. Do you recall reading 12 that report, sir? C 13 A No , I don't. 14 Q Plaintiffs* Exhibit No. 1? * 15 MR. LOVE: Excuse me. What is 16 the date of this report? 17 Q The date of that report is December 5 of *49. 18 Y o u do not ever recall seeing that report? 19 A I don't remember reading it, no, studying 20 it. 21 Q It involved some people that you know, four 22 fellows, is that right, McClanahan, Willard, Steele and 23 Hurley? d x 24 c 25 A Ri ght. Q Do you recall -- go ahead and mark this, Jim. JAMES MAY REPORTING SERVICE 02 11 1. ' c 7* 1 3 4 5 6 7 8 9 10 11 12 c 14 15 16 17 18 19 20 21 '22 23 ( 25 (Whereupon a document was marked for identification by the Reporter as Plaintiffs' Deposition Exhibit No. 2.) * . Q I will hand you what has been marked Plaintiffs' Exhibit 2. And ask you, you don't have to really read it all through. Just see if you know what it is. MR. LOVE: Will you tell us the date of this? MR. PRATT: 4/14/50. A Did you want me to read about what Young and so forth? Q Just glance through it. My question is going to be have you seen that report, that progress report? A Possibly I have. I cannot remember. Q You think you may have seen it or may not? A I say probably. I cannot recollect whether I have seen it or not. MR. PRATT: Mark that 3, Jim. (Whereupon a document was marked for Identification by the Reporter as Plaintiffs' Deposition Exhibit No. 3.) Q I hand you what has been marked Plaintiffs' * JAMES MAY REPORTING SERVICE 93 it ~ 1 Exhibit No. 3 which is a report by Suskind in 1953. Do 2 you want to take a look at that? 3 A Read it all? 4 Q I would just look at it and see if it becomes $ familiar to you, if you have read it. That is all I'm 6 interested in. 7 A This is vaguely familiar. 8 Q Do you recall reading that? 9 A I don't recall reading it. Some of the 10 information I have heard before. 11 Q Where did you hear it? 12 A I don't know. 13 (Whereupon a document was marked 14 for identification by the Reporter 15 as Plaintiffs' Deposition Exhibit 16 No. 4.) 17 Q I will hand you what has been marked Exhibit 18 No. 4. The author of that report is, or study is Dr. 19 Suskind. And a lady by the name of Judith Zack. Have you 20 seen that before? If you want to look at it you can. 21 HR. LOVE: Do you have a date? 22 UR. PRATT: It's dated. I 23 think it's 1980 or *81. It's the mortality study. January 24 11, '78. 25 A Yes, I have read that. JAMES MAY REPORTING SERVICE f # 'ill . tl \ *1 'X V1 C2 3 Q Okay. Now Exhibits 1 and 2, those reports are dated 12/S/49 and Exhibit 2 is dated 4/14/50. I take it that that was before your time and you had nothing to 4 do with the formulation or gathering of the data for these 5 reports, right? 6 A That would be true. 7 Q Now Exhibit 3, Plaintiffs' Exhibit 3 .was in 8 1953. Did you or your staff do any work involving the 9 report in Plaintiffs' Exhibit 3? 10 A I don't know. Who would be my staff? 1 1 Q Well, your nurses I would take it. They 12 work for you, do they not, or under you? C 14 A I don't know then. Q Pardon me. 15 A I don't know then. 16 Q You don't know whether they did any work 17 on it? 18 A Correct, 19 Q Did you do any work on it? 20 A I don't think so. 1 can't be sure. I 21 don't know. 22 Q All right. Exhibit No. 4, did you or your 23 staff, again your nurses do any work involving the gathering 24 of that material that is shown there? * . ^ 25 A I believe the plant nurse had something to / JAMES MAY REPORTING SERVICE 95  & Jft>- w l* 1* \ 1\ '1 c 3 4 5 6 7 8 9 10 11 12 ( 14 15 16 17 18 19 20 ,21 `22 23 24 ( 25 do with gathering that material. I am not certain. Q Who was the plant nurse? A That would be Charlotte Osborne or McClanahan one. Q What work would they have done? A I don't know. Q Did you do any work on the Suskind-Zack Mortality Study? A No. Q Did you furnish, you directly, I mean the Nitro office furnish any records to Suskind and Zack? A The medical office? Q Yes. A Not to my knowledge. Q Okay. Did you have anything to do with, in Plaintiffs' Exhibits 3 or 4 of selecting the participants in those studies? By that I mean the people that are involved, like there are 35 in Exhibit 3. I think 121 deaths involved with Exhibit 4. A 1 don't think so. MR. PRATT: I am going to have that girl take this up and make a copy of this while we are doing it. (Whereupon a short break was taken.) ; JAMES MAY REPORTING SERVICE 96 1 l Q Okay. In 1979, a study was done by Suskind's C organization at the University of Cincinnati. Are you familiar with that? It was a morbidity study. ; 4 A Yes. ,r 5 Q What involvement did you or your staff have to do with gathering the data in that study? 7 A Now when you say my staff, the nurses don't 8 directly work for me administratively. Only for medically. 9 So I would say myself and my staff had nothing to do with 10 it nQ Okay. Did any of the nurses participate 12 that you know of in gathering the data? c 13 A I believe they did. 14 Q Do you know who was involved? 15 A I think it was Charlotte Osborne and maybe 16 Ruth McClanahan. 17 Q Did you have anything to do with -- 18 A No. 19 Q -- gathering the data? 20 A No. 21 Q Have you done any review of the data? 22 A I have listened to talks about it. I have 23 not reviewed anything, no. 24 Q Have you ever seen a copy of the draft of c 25 the study? JAMES MAY R E PO R TIN G SER VIC E 97 T A No. Q Do you know whether anyone at Monsanto has a copy of it? A No. Q You don't know one way or another, right? A Right. Q Did you or your staff in the actual examination of these people that were involved in this study, did you or the nurses have anything to do with that? A I was not there at that time. I can't answer that. MR. LOVE: Excuse me. What examination are we talking about? MR, PRATT: '79. MR. LOVE: This is an examination by Suskind? MR. PRATT: Yes. A You mean laying hands on examination? Q Pardon me? A The laying onhand examination bySuskind and his group, physical examinations? Q Yes, the '79 one, the morbidity study. A The physical examinations? Q Yes. A No. I can *t comment. I wasn't there. JA M ES MAY R E PO R TIN G SER VIC E h 1 Q So you had nothing to do with that, right? 2 A No. I was ill. 3 Q Okay. Have you ever been in any conferences 4 where Suskind was at? 5 A Yes. 6 Q Okay. Tell me the first time you know about 7 a conference that you were at where he was at. 8 A I don't remember the date. It was in 9 Cincinnati at Kettering. 10 Q What was being discussed? 11 A The results of this study. 12 Q Of the 197S study? 13 A Yes. 14 Q Okay. And who all was present? 15 A Mr. Frazer, the plant manager. Galloway, 16 Mr. Dolen and myself from Monsanto. 17 Q Mr. Dolen is who? 18 A Kt* is -- I don't know whax his job is. He 19 works for Mr, Galloway. 20 Q He works for Galloway? 21 A Yes. 22 Q Okay. Galloway's position now is what? 23 A He is a Superintendent of Health and Environ24 mental. And I don't know what it is. 25 Q And who else was there? JAM ES MAY R E P O R TIN G SER VIC E *1 A Dr. Suskind, and Dr. Ashe was there from 2 Monsanto. Dr. Tillman. And I forget the epidemiologist's 3 name. Do you know? It starts with a G. 4 Q Gaffey? 5 A Gaffey. Prom Kettering was Dr. Suskind, a 6 lady physician who's name I don't remember. Mrs. Suskind. 7 I think that was it. 8 Q Okay. What was discussed? 9 A Chloracne. 10 Q Okay. Anything else discussed? 11 A I don't think so. 12 Q Was this before the tests were run or after 13 the tests were run? 14 A It was after some of the tests werecompleted* 15 Q Okay. And the only thing that yourecall that l was discussed was chloracne? 17 A Yes. 18 Q Was the protocol discussed, the medical 19 protocol? 20 A Would you explain your question please? 21 Q Was the medical protocol, in other words the 22 tests that they were going to run, was that discussed? 23 A Yes. 24 Q Did they find anything other than chloracne? 25 A I don't think they found anything that they ; JAM ES MAY R E P O R TIN G SER VIC E 100 1 could attribute to chemical exposure except possibly acne. c2 Q They didn't find any central nervous system 3 damage or peripheral nervous system damage or liver damage 4 that they would attribute to -- 5 A Chemical exposure? 6 Q Chemical exposure,right. 7 A I don't think so. 8 Q Okay. Anything else discussed besides 9 chlor&cne and the protocol? 10 A No. n Q Okay. Now let me ask you this. You have 12 been there since September the 5th of 1950. What I want c 13 to talk to you about is workman's compensation. You know 14 what that is, don't you? 15 A Yes. 16 Q Occupational disease, you knowwhat it is? 17 A Right. 18 Q Can you tell me the protocol or how you 19 administratively handle, first of all let's talk about 20 traumatic injuries. Insofar as the workman's compensation 21 fund is concerned. First of all, did you or your nurses 22 have anything to do with workman's comp or OD? 23 A The only thing I have to do is sending my 24 bills for patients I treat. 25 Q You mean outside the plant? s JAM ES MAY R E PO R TIN G SER VIC E 101 1 A Whatever. 2 Q Now I don't know if I am confusing me or 3 confusing you. In your capacity as the plant physician, ! 4 what would you or your dispensary, including the nurses, 5 have to do with anything with the filing of workmans 6 compensation claims? 7 A Oh, okay. I sign those cases. I sign those 8 cases that are given to the compensation commission. 9 Q Okay. Now, of course -- 10 A If I am the only physician on the case. 11 Q If you are the only physician on the case? 12 A Yes. 13 Q Now of course that would be done if you had 14 broken arms, broken legs, right? There would be no question. 15 A No. They would probably be treated by 16 orthopedists and then he would sign them. 17 Q Okay. What about chemical exposures? 18 A Yes. 19 Q All right. Can you give me an idea in the 20 50*s, say starting out in the 50*s, how many of those 21 documents that you signed involved chemical exposure? .22 A No idea. 23 Q Would it be a hundred? 24 A I have no idea. 25 Q One? JAM ES MAY R EPO R TIN G SER VIC E i" M 1 A More than one. 2Q 3 were? 4A 5Q 6A Do you have any knowledge of who those people No. I wouldn't remember. How about in the 60's? Same answer. 7 Q Would that data be available? 8 A Anything that is available in the compensation 9 fund is available, yes. 10 Q Well, let me ask you this. Do you have in 11 the dispensary, do they have the forms there? 12 A Yes. 13 Q Okay. 14 A The physician's forms? 15 Q Yes. 16 A Yes. 17 Q Is there any other form that would go to the 18 compensation board besides the physician? 19 A 1 don't know. 20 Q Would the nurses fill those out? 21 A Yes. Or one of the secretaries in the 22 Safety Department. 23 Q Okay. And then you would sign It, right? 24 A After reading it, of course. 25 Q Okay. Do you know if you ever signed one JAM ES MAY R E PO R TIN G 5E R V IC E .J $ sp V (1 i C 9 "U ' ' ---------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------- 1 where an exposure was to Xylene? 2 A Can't remember. 3 Q Do you ever recall signing one where the * .4 5 exposure was Carbondisulfide? 1A C a n 1 remem b e r 6 Q Do you ever remember signing one where it 7 was Benzene? 8 A C a n 11 r e m e m b e r . 9 Q Do you ever remember signing one where it 10 was Aniline, was the exposure? 11 12 c 13 14 15 16 A Probably. I don't, I repeat, I don't remember. Q Okay. How about PAB? A I don't remember whether I signed those. Q Does Monsanto have a urologist they use? A Sir? Q Does Monsanto have a urologist they refer 17 these cases to? 18 A Several. 19 Q Who are they? 20 A You mean locally? 21 Q Yes. 22 A Oh, Dr. Cells, C-e-l-l-s, I think it is and 23 his associate, and I forget his name. Dr. Ralph Holloway, c 24 Dr. Rodney Dean, Dr. Lionel Nalr and Dr. Shanmughan. 25 Q Do you ever recall signing a physician's J J A M E S M A Y R E P O R T IN G S E R V IC E 104 V ' #""J a -- V V'^ ~ ^ '1 C work comp form on Niran? A Can11 remember. 3 Q How about A-JON-C? 4 A Can't remember. 5 Q How about Sop-A-Nox? 6 A Are you saying that correctly? I think you 7 used that word before. 8 Q Sop-A-Nox. Maybe I am mispronouncing it. 9 MR. LOVE: I think it's pronounced 10 like s-o-a-p, Sop-A-Nox- 1 1 A No, I don't remember. 12 Q Do you ever recall signing a physician's work CO comp form to the Commission on 2,4,5-T Trichlorophenoxyacetic 14 acid? 15 A Can't remember. 16 Q Do you ever remember signing one on dioxin? 17 A No. 18 Q Are you saying you don't recall signing one 19 on dioxin or that you know that you didn't? 20 A I am pretty well convinced I didn't on dioxin. 21 Q Pardon me? '22 A I am convinced 1 didn't on dioxin. 23 Q Do you have any knowledge on how many work 24 comp claims were made over the years? Do you have any ( V 25 knowledge of that? J J A M E S M A Y R E P O R T IN G S E R V IC E 105 d_ ) 1 A NO. 2 Q But on these chemicals I have just mentioned, 3 you have no knowledge at all what you signed or*didn't sign .4 involving those chemicals, but you know you didn't on dioxin, 5 right? 6 A I feel confident I didn't on dioxin. 7 Q Okay. Doctor, have you had any cases of 8 chloracne that were not related to the explosion in *49 9 in the plant? 10 A We have had cases of acne that we have presumed 11 to be due to chlorinated hydrocarbons. 12 Q Do you know how many of those you have had? 13 A No. 14 Q Now what I am talking about is the persons 15 that were not involved in the explosion at all. 16 A There was not an explosion first in *49. It 17 was not an explosion. 18 Q What would you term it? 19 A It was a chemical reaction that went haywire. 20 Q Okay. 21 A There was noexplosion. .22 ' Q Again the question is whatever you want to 23 call it, have you had any cases of chloracne that were, 24 of people who were not involved in the chemical reaction? 25 A In '49? JAM ES MAY R E P O R TIN G SER VIC E 1 Q In *49 2 A We have had cases of acne we presumed to be 3 due to chlorinated hydrocarbon exposure. 4 Q Do you have any idea how many you; have had? 5 A No. 6 Q Would it be a hundred, two hundred, do you 7 have any idea? 8 A Anything I would give you would be a guess. 9 You probably know better than I do. 10 Q Did you as the plant doctor treat any of 11 these people that had chloracne? 12 A Yes. 13 Q Okay. What was the treatment for that? 14 A The majority of them had a dermatological 15 examination. By the way, I took dermatology in medical 16 school too. I forgot that yesterday. 17 Q Okay. 18 A Also obstetrics and gynecology and orthopedics. 19 I thought of some more. And the nurse would evacuate the 20 contents of some of these comedones. We would give them 21 whatever soaps, etcetera they needed for the cleanliness. 22 We would prescribe antibiotics if indicated, etcetera. 23 Q Okay. Do you as a plant physician have 24 anything to do with the hygiene in the plant, the industrial 25 hygiene? JAM ES MAY R E P O R TIN G SER VIC E o r 1 A Yes. 2 Q Tell me what your function is there? 3 A Purely advisory. 4 Q Okay. And that would be who to, the plant 5 manager? 6 A Oh, I would probably go through Mr. Galloway. 7 Q Superintendent? 8 A Yes. Or the Safety Director, Mr. Bishop. 9 Q All right. Is that Dan Bishop? 10 A It's Robert Paul, I think. 17 Q Okay. And would you prescribe any kind of 12 protective devices for the people? 13 A Yes. I didn't prescribe it. They had it 14 available. You mean creams? 15 Q Well, I am talking more like now -- 16 A Clothing? 17 Q Protective clothing. 18 A That was available for them, yes. 19 Q Okay. Did you ever prescribe any for the 20 2,4,5-T operation? 21 A It was available for them. 22 Q Well -- 23 A They wore it, protective clothing after the 24 original exposure in *49. 25 Q What did they wear? JAMES MAY R E PO R TIN G SER VIC E ti *1 * 1 A Coveralls. 2 Q Were these impervious type coveralls? 3 A Gee, I don't remember. It was handled by the ,.4 Safety Department. Gloves, of course. 5 Q Were they impervious type gloves? 6 A I don't remember. I don't know. 7 Q Anything else? 8 A The plant policy, everyone has to wear hard 9 hats and goggles, glasses. They were also given protective 10 creams. 11 Q What were those creams, can you tell me? i 12 A No. 13 Q Do they still use them? 14 A I think there are still some down there. i 15 Q Well, maybe you are not the one I want to talk 16 to on this particular point. But did you, is what you are 17 saying that what you did was that you would prescribe, here 18 is what you ought to wear to be working in this particular 19 chemical? 20 A I didn't prescribe, no. 21 Q All right. Who would have been that person 22 or that committee? 23 A Again, the Safety Director or the Superintendent 24 Q They are not doctors though, right? 25 A No. JAMES MAY R E PO R TIN G SER VIC E I-- 1 Q Would it come from the Medical Department in 2 St. Louis, do you think? 3 A Possibly. 4 Q Have you ever seen any documents where they 5 have prescribed, told them that if you are going to work 6 in this chemical you should wear this or so forth? 7 A Have I ever seen it? 8 Q Yes. 9 A No, it wouldn't come to me. 10 Q When did it come to your attention that 11 dioxin was causing this chloracne? 12 A It's never been proven dioxin caused this 13 chloracne. 14 Q What? 15 A It's never been proved dioxin caused this 1 chloracne. 17 Q Well, do you think it was caused by 2,4,5-T? 18 A No. 19 Q Were you familiar at all with the -- 20 A You are talking about the finished product? 21 Q Yes. `22 A No. 23 Q Were you familiar at all with a study by a 24 company in Germany by the name of BASF? 25 A I perhaps have read it. I wouldn't say I am JAM ES MAY R E PO R TIN G SER V IC E 111 --1--- I) 1 familiar with it. 2 MR. LOVE: Could you identify 3 that better, Paul, by date or something? .4 Q 1957, *56. 5 A X think I probably read the report. 6 (Whereupon a document was marked 7 for identification by the Reporter 8 as Plaintiffs1 Deposition Exhibit 9 No. 5.) 10 Q Go ahead and read it. 11 What is that document marked 12 Plaintiffs1 Exhibit No. 5, Doctor? 13 A It's a, evidently a communication from the 14 then Safety Director, L.C. Weger, W-e-g-e-r, to whom I do 15 not know, concerning a meeting at the Kettering Laboratory 16 on June the 22nd, 1956. 17 Q And who was present at that meeting? 18 A Dr. Raymond Suskind, Dr. Julin, J-u-l-i-u. 19 Fann, F-a-n-n, from Kettering. Myself. Mr. C.F. Luecke, 20 Monsanto, Nitro Safety Department. Mr. E.L. Godfrey, Monsantc 21 Nitro. .22 Q Who is Luecke and who is Godfrey? 23 A Luecke is the Superintendent. Godfrey, I am 24 trying to remember who he was. I don't remember who he was. 25 Mr. E.P. Wheeler, Monsanto, JAMES MAY R E PO R TIN G SER VIC E 1 St. Louis. He is Industrial Hygienist, I believe. Mr. P.N. 2 Bowles of Blagg, Stone, Maury, Anderson and Bowles at that 3 time. 4 MR. LOVE: Mauzy, M-'a-u-z-y. 5 A And Mr. Weger, 6 Q Okay. And this, what this is is the minutes 7 of those meetings, is that right? 8 A I don't know. Yes, it says minutes. 9 Q Okay. What was discussed that first paragraph? 10 A Dr. Suskind presented the group with copies 11 of a written summary of the experimental work done at the 12 Kettering Laboratory during the past several months. A 13 copy of this summary is attached. Dr. Suskind elaborated 14 on the work covered by the report and by sketching a cross 15 section of the skin, explained to the group how chloracno 16 affects the hair follicle and the sebaceous gland. Dr. 17 Suskind pointed out that -- do you want me to read it all? 18 Q Yes. Go ahead. 19 A Pointed out that the percent concentration 20 and total dose referred to in the table in his summary 21 represents the sample in each case and not actual tri22 chlorophenate. It was not possible to use higher concentra 23 tions of Sodium TCP because of the extreme irritation of the 24 skin so that while the Hnlowax was applied as a 20 percent 25 concentration, the maximum concentration of any of the TCP JAMES MAY R E PO R TIN G SER V IC E i 1 samples was seven percent 2 MR. LOVE: Paul, would you like 3 to have me stipulate that he has read this document and just 4 have Jim type it in the record? 5 6 questions. MR. PRATT: I want to ask some 7 A And in some instances was held as low as 2.5 8 percent or 2.45 percent and 0.78 percent Trichlorophenol. 9 Q Is he pointing out there that that cbloracne 10 was being caused by Sodium TCP? n A Trichlorophenate 12 Q Yes. 13 A Yes. 14 Q And Sodium Trichlorophenate is part of the 15 process to make 2,4,5-T? 16 A Correct 17 Q And in the second paragraph, he states that 18 he found that the Nltro plant's normal Sodium Trichlorophenate 19 produces definite chloraene. Isn't that correct? 20 A I think that is what he is saying in that 21 report. 22 Q And on the second page,Roman NunwralNumber 23 Two, Mr. Wheeler who is one of those present talks about a 24 recent visit with BASF in Germany. Isn't that correct? 25 A Yes. JAMES MAY R E PO R TIN G 5E R V IC E * # 1V c . 1 Q He also went on to say that the BASF Company 2 was very Interested in exchanging data isn't that correct? 3 4 5 A Yes. .* Q Because they had a similar problem. A Yes. 6 Q And that being the symptoms and complaints of 7 the workers in the German plant parallel to the Monsanto 8 experience, right? 9 A Mr. Wheeler is not a doctor of medicine. I 10 don't know what that is about. 1i 11 Q Well, why don't we just start reading this. j 12 Read that paragraph into the record, sir. | C 13 A It appeared to Mr. Wheeler that the symptoms 14 and complaints manifested by the workers in the German 15 plant paralleled the Monsanto experience, but it was his 16 opinion that the German cases were probably more severe. 17 Again, he is not a doctor of medicine so I don't know. You 18 are quoting him. 19 Q Well, did he talk to a Dr. Oettel? 20 A Oettel, yes. 21 Q Oettel, right. .22 A Again, he is not a doctor of medicine. He 23 is an Industrial hygienist. t Q Well, I am sure they had him in this room for 25 a reason, right? 4 J A M E S M A Y R E P O R T IN G S E R V IC E 115 A 1 MR. LOVE: Let me ask who we 2 are talking about, Oettel? 3 Q Oettel is from Germany. 4 A Mr. Wheeler from St* Louis, the industrial 5 hygienist is not a doctor. Q Would you read into the record the last 7 sentence in that second paragraph? 8 A Dr. Oettel of BASF seemed particularly 9 Interested that the Monsanto cases had also presented 10 objective complaints suggesting peripheral neuritis. Long n distance for diagnosis. 12 Q And of course that document is Plaintiffs* 13 Exhibit 5, is June 22nd, 1956, isn't it? 14 A Yes. 15 Q Okay. Will you read the complete third 16 paragraph into the record? 17 A It was agreed that Mr. Wheeler will request 18 approval from the Organic Division for exchange of informa 19 tion with BASF, and it is anticipated that Dr. Suskind will 20 correspond directly with Dr. Oettel, and that someone at 21 Nitro will be designated to carry out the exchange of such 22 plant information as is approved. Each party conducting 23 correspondence will provide the other party and the Monsanto 24 Medical Department with carbon copies of all materials sent 25 and received. JAM ES MAY R EPO R TIN G SER VIC E ti 1 Q Did you see any future or after that meeting, 2 did you see any of the correspondence? 3 A Can't remember. 4 Q Would you be put on the CC list tor that, or 5 do you have any idea? 6 A I would say probably. I have no idea. 7 Q Did you ever see any correspondence from 8 the German company? 9 A Can't remember. 10 Q But in 1956 would it be fair to say that 11 Monsanto knew that another company that manufactured 2,4,5-T. 12 was having the same chloracne problem that Monsanto was 13 having? 14 MR. LOVE: Objection to the 15 question. I think he can testify as to his own knowledge. 16 But I don't think he can testify as to the knowledge of the 17 company. Now to the extent you can imply his individual 18 knowledge as a plant physician on a part time basis to the 19 entire company, I suppose it's appropriate, but I think it's 20 an improper question and I object to it. If you can answer 21 it now, go ahead and do it. 22 Q Go ahead. 23 A What is your question? 24 (Whereupon the last.question 25 was read by the Reporter.) JAM ES MAY R E PO R TIN G SER VIC E ! 1 c 2 there. MR. PRATT: Your objection is 3 A From that, it would appear that Ur. Wheeler .4 had knowledge of it. 5 UR. LOVE: Does the document 6 indicate that BASF was manufacturing 2,4,5-T? 7 MR. PRATT: No, but that is what 8 they were making. 9 MR. LOVE: We will take your 10 word for it. 11 MR. PRATT: I have read the 12 study. Have we got an answer out of him yet or not? c 13 Well, you were there. I guess 14 you had knowledge of it too, right? 15 A Of what Mr. Wheeler said. 1 Q Of what Mr. Wheeler said, okay. 17 MR. LOVE: Off the record. 18 (Whereupon a discussion was 19 had off the record.) 20 MR. PRATT: Plaintiffs* 21 Deposition Exhibit 5 are the following numbers. The first 22 page 8328064. The second page 8328065. Third page 8328066. 23 Let me ask you this, Doctor, S 24 In your capacity as plant physician, did you have anything c 25 to do with disposal of chemicals? JAM ES MAY R E PO R TIN G SER VIC E 118 9 "1 1 A No. 2 Q You wouldn't have been in a position or it 3 wasn't your job to advise them on where to dispose of 4 certain things? 5 A Correct. 6 MR. PRATT: Go ahead and mark 7 that. 8 (Whereupon a document was marked 9 for identification by the Reporter 10 as Plaintiffs' Deposition Exhibit 11 No. 0.) 12 Q Doctor, Ihand yoii what hasbeen marked 13 Plaintiffs' Exhibit No. 6. 14 MR. LOVE: Paul, I think this 15 is one page of a two page document. 1 MR. PRATT: Well, that's all I've 17 got. But it suits what I want to do. 18 Are you familiar with that 19 meeting? 20 A Vaguely. 21 Q And did youparticipatein that meeting? 22 A No. I did the dinner meeting on the 2nd of 23 April, I think. But I became ill on the 3rd of April. 24 That's when I quit I should say- I was ill way.before that. 25 Q Were you there when he spoke to the people in JAMES MAY R E P O R TIN G SER VIC E  1 the plant? 2 Yes. Is that this? 3 Q Yes. , 4 A Yes, I was there. This is after the last time 5 he came down for the survey, correct? 6 Q Yes. 7 MR. LOVE: '79. 8 MR. PRATT: I think that's right. 9 A Yes, I was there. 10 Q 11 Tidd? Do you remember a girl by the name of Diane 12 A Yes. 13 Q I don't know that we have this on the record. 14 Did this woman have chloracne? 15 A She has acne. 16 Q . Okay. 17 A Possibly chemically induced* 18 Q Would this document here that we have give us 19 enlightenment? If it will, I will mark it. 20 A I don't know what it is. 21 Q Did you treat her at all? 22 A Yes. 23 Q And what did you treat her for? 24 A Acne. 25 : Q Okay. Will you tell us the difference between JAM ES MAY R E PO R TIN G SER VIC E 1 chloracne and acne vulgaris? c2 A There is no difference* 3 Q It looks the same pretty much .doesn't it? 4 A Yes. 5 Q Okay. What did you give her for the acne 6 that you treated her for? 7 A Can11 remember. 8 Q What would you normally give? 9 A Don't we have her chart here? 10 Q What? 11 A Don't we have her chart here? 12 c 13 Q I don't see it. MR. LOVE: I don't think that 14 has been produced yet, Paul. She was in the last group of 15 21 that were filed. Those medical files are in the process 16 of being copied but have not yet been produced for you. 17 Unless you got them some other way. 18 MR. PRATT: No. 19 A Where did that come from? 20 MR. PRATT: You've got me. 21 MR. LOVE: Do you want to make '22 it an Exhibit? 23 c 24 25 Q Do you know a Dr. Hawkins? A Yes. Q He is a dermatologist, right? JAM ES MAY R E PO R TIN G SER VIC E 1 c2 A Correct. Q Did she, if you recall, because we don't have 3 the record and you may not, did she give you an^ other ;,4 complaints other than the chloracne or the acne.? ; 5 A I can't remember. 6 Q Okay. Do you remember a fellowby the name 7 of William Davis, Sr.? 8 A Yes. 9 Q Okay. Jim, Plaintiffs' Exhibit,Group Exhibit 10 7 will be of William Davis, Sr. And the numbers are 9418595 11 through 9418631. 12 c 13 (Whereupon a file was marked for identification by the 14 Reporter as Plaintiffs' Deposition 15 Exhibit No. 7.) 16 Q 17 he? He was a private patient of yours too, wasn't 18 A Yes. 19 Q How old was Mr. Davis when he died? 20 A 1 don't know. He was not a private patient 21 of mine when he expired. .22 Q Pardon me? - 23 A He was not a private patient of mine when he 24 expired. c 25 MR PRATT; Let 's go. JAMES MAY R EPO R TIN G SER VIC E 1 (Whereupon proceedings were 2 continued to May 26, 1983, 3 whereupon the following proceeding! 4 were had.) 5 Q Okay. Doctor. To start out, I think we 6 concluded on Wednesday or Tuesday it was I guess, and I 7 don't have that many questions for you, because I am not 8 going to go through all these files, because we have looked 9 at a couple of them. And there is nothing there with any 10 interest to me. 11 Have you conducted any studies 12 of your own concerning the chemicals that are involved, 13 dioxin, 2,4,5-T, etcetera? 14 A No . i 15 Q Let me ask you this. Are you familiar with 16 what they call a PAB program? 17 A Yes. 18 Q What is your knowledge concerning that program? 19 A Starting at the beginning? 20 Q Yes. 21 A Well, let's see. I forget the year, but someone 22 received something in the St. Louis office that Aniline 23 derivatives could cause, could possibly cause bladder tumors. 24 And at that time, Mr. Edward Volks was Safety Director. He 25 and I found that people that were exposed to Paraminobiphenyl JAMES MAY R E PO R TIN G SER VIC E 1 1 had more tumors in those individuals than we expected 2 statistically speaking. And then we decided to cystoscope 3 each individual that had been exposed annually.* 4 Q What other aspects of the PAB program were 5 there? Were there payments made? A I don't know about that. 7 Q You don't have anything to do with that, 8 okay. How about the 2,4,5-T program? Did they have one 9 of those? 10 A Other than the bills that would accumulate? 11 Q Yes. 12 A No. Ihad nothing to do withthat. 13 Q On both those programs, the company paid the 14 medical, I take it, right? 15 A They paid -- 16 MR.DOVE: Let me, you are 17 talking about both of those programs? 18 MR. PRATT: PAB and 2,4,5-T. 19 MR. LOVE: Did you establish 20 that there was a 2,4,5-T program? 21 DP ArrlrP T yiV 4-Via-t* 22 he said, paying the bills. 23 M R . LOVE: I am sorry. 24 A Where are we then? 25 Q Well, on both these programs, the PAB program JAM ES MAY R E P O R TIN G SER VIC E and the 2,4,5-T program, the company paid the bills? A Yes. As far as ray knowledge. I have nothing to do with paying bills, of course. Q All right. Were there any other programs that were initiated during your tenure with this company other than the two we have just mentioned? A I don't understand your question. Q Well, were there any other programs such as the PAB program, the 2,4,5-T program that were initiated or administered by the company during the time you have been working for them? A They do periodic physicals on individuals. They have an organization that comes in periodically and runs laboratory tests and x-rays and EKG's on those that so desire. Q - And who is that organization that does that? A PHS, isn't it? I don't know what that stands for. Q All right. Do you have in the PHS multiphasing testing program, do you have any unauthored computer printouts of the test results in your possession? A I am sorry. I don't understand. Q Do you have any data in your possession, either at the plant or in your office, private office, concerning any computer printouts that were generated from JAM ES MAY R E PO R TIN G SER VIC E I 1 these tests in the PHS multiphasic testing program? 2 A Yes. We retain a copy of each individual's 3 testing. 4 Q Okay. And where are those located? 5 A They are placed in the individual's chart. 6 Q Each guy's chart? 7 A A copy. He is given a copy of the original 8 himself. 9 Q All right. 10 A To take tohis privatephysician. 11 Q Are those at the plant? 12 A Yes. 13 Q Do you have any personal files on any of the 14 people that are on that subpoena other than the medical 15 records that you have, that we have gotten from you by way 16 of deposition? 17 A No. 18 Q I am goingto talk about some symptoms here. 19 And I am going to ask you some questions. These are symptoms 20 or complaints. 21 Fatigue, persistent cough, sore 22 throat, nausea, upset stomach, dizziness, light-headedness, 23 sleep difficulties, sleeplessness, exhaustion, Jace red, 24 burning and numb, shortness of breath, breathing problems, 25 dark urine, urinary frequency, urination urgency, blood in JAMES MAY R E PO R TIN G SER VIC E IJ -- _ _ _ 2 3 _4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 urine, runny nose, nosebleeds, eyes that water or are irritated, loss of vision, aching joints, leg pain, extremities numb and tingling, nervousness, anxiety, ear problems, kidney difficulty, loss of libido, diarrhea, loss of memory, loss of attention or concentration, lumps or lypomas, skin rashes, cancer, weight gain, weight loss, depression, personality change, Peyronie's disease, high blood pressure, chest pains, headaches. Can any of those symptoms or complaints be related to 2,3,7,8 Tetrachlorodibenzo-paradioxin in your opinion? A Rash for certain. Q Rash? A Yes. Q All right. And of course would you say chloracne could be? A Did you mention chloracne? Q N o , I didn't mention chloracne. Would chloracne be a problem, that is a medical problem that is related to dioxin? A Dioxin is supposed to cause that type of rash. Is that what you are saying? i Q Yes. Is that your answer? A Yes. Q That it will? JAM ES MAY R E PO R TIN G SER VIC E I 1 A That Is what I have read. 2 Q Okay. Now will any of those other things 3 in your opinion, can they be related to dioxin exposure? 4 A I have heard of complaints that they have 5 had from dioxin exposure. 6 Q Pardon me? 7 A I have heard some of those complaints. Not 8 all of them. 9 Q Which ones? 10 A Well, leg aches, mostly subjective symptoms. 11 I can't remember all of them you enumerated. 12 Q Did you tell anybody that worked in that plant 13 that the chloracne was caused or skin rashes were caused 14 from dioxin? 15 A No. l Q " Did you ever tell anybody in that plant, and 17 I am talking about the workers, that this list of symptoms 18 that I have related was caused from dioxin? 19 A No. 20 MR. LOVE: Objection to the 21 question. But he has already answered. That's all right. 22 Q Now you say you are part time, Doctor? 23 A Yes. ; 24 Q Lawyers always like to find this out. What 25 is your salary with Monsanto? JAM ES MAY R E PO R TIN G SER VIC E  c c 1 MR. LOVE: Objection to the 2 question. 3 MR. PRATT: Okay. 4 MR. LOVE: Do you want to tell 5 us what the relevancy of that is? 6 MR. PRATT: Goes to his interest 7 and bias, my friend. 8 MR. LOVE: He is an employee 9 of the company. 10 MR. PRATT: I want to know his 11 salary, what he makes. 12 MR. LOVE: I am going to instruct 13 him not to answer the question. 14 MR. PRATT: Certify it. That's 15 all I have. 1 MR. LOVE: Are you through? 17 MR. PRATT: Yes. 18 CROSS-EXAMINATION 19 BY MR. LOVE: 20 Q Dr. Wallace, I have a few questions that I 21 want to ask. With specific regard to certain interrogatories '22 that were served on us by the Plaintiffs in this case, which 23 are dated April 5, 1983 -- ; 24 MR. PRATT: Let me see a copy 25 so I know what you are talking about. JAM ES MAY R E PO R TIN G SER VIC E 129 iV 1 c2 3 4 v5 6 7 8 9 10 n 12 c 13 14 15 1 17 18 19 20 21 '22 23 24 c 25 Q The Defendanti Monsanto Company, has been asked certain questions with regard to physicians employed at the Nitro plant from 1941 to the present* And I'm going to ask you this question with regard to you* These questions with regard to you. Some of which you may have already answered, and if you have, just say that you have already answered. You are employed as the plant physician and have been so employed since September the 5th of 1950. Is that correct? A I think that's right. Q All right, sir. Have you been the only plant physician since that time? A For the Nitro plant? Q For the Nitro plant. A Yes. Q Do you have a specialty as a physician? A I am a Fellow of the American Academy of Family Practice. Q You have testified earlier as to your training and experience, have you not? A Yes. Q Have you had any special training, in the area of occupational health other than that to which you have testified earlier? JAMES MAY R E PO R TIN G SER VIC E 130 > 1 A That's a difficult question. Years of 2 experience, of course. 3 Q All right. That's fine. 4 A I have been an industrial physician longer 5 than anybody in the State of West Virginia as of this date. - 6 Q Are you a full or part time employee of the 7 company? 8 A I've answered that before, part time. 9 Q What are your hours and days of work? 10 A 11 Q 12 contract? We have answered that previously. Are you employed pursuant to a written 13 A Yes. 14 Q Where is a copy of that contract? 15 A I don't know. 16 Q Do you have a copy of the contract? 17 A I have a copy, yes. 18 Q And where would that be located? 19 A My copy? 20 Q Yes, sir. 21 A Probably in my safety vault. I say probably 22 Q It's In your own personal records somewhere, 23 is that correct? . 24 A Yes, correct. 25 Q Do your responsibilities as a plant physician JAM ES MAY R E PO R TIN G SER VIC E 131 1 1 include supervising nurses or other paraprofessionals? 2 A The nurses do not work for me. I supervise 3 them for medical problems. 4 Q All right, sir. Do you have a written job 5 description, or would that be contained within your contract, 6 or is there any specific document that would be considered 7 a Job description? 8 A If there is, I don't remember seeing it. 9 Q Who is your supervisor? 10 A Mr. Max Galloway is in charge -- he is in 11 charge of the dispensary. The dispensary is also under the 12 jurisdiction of the Safety Director, Mr. Robert Paul Bishop. 13 But I do not work for Mr. Bishop. Do you follow what I mean? 14 Q Yes, sir. Where is Mr. Galloway's office? 15 A In the main office building. 16 Q - At the Nitro plant? 17 A Correct, 18 Q -Are you required to examine all employees on a 19 regular basis? 20 A We try to examine all the employees on a 21 periodic basis, or those that have not had a physical examination at the Nitro plant. Q Do I understand that the opportunity for a physical examination is there for all employees? A Correct. Well, the superintendents go to an JAM ES MAY R E PO R TIN G SER VIC E 1 outside physician, and the plant manager, 2 Q How often are these examinations performed 3 or made available to the employees? 4 A I don't know. The nurse does that work* 5 That comes out of Central Medical Office for different 6 age groups. 7 Q Have the frequency of those examinations 8 changed since you have been the plant physician? 9 A I do not know. 10 Q Are you required to inspect the facilities 11 of the plant on a regular basis? 12 A Periodic basis. 13 Q How often? 14 A Oh, there has never been any regular inspections, 15 Whenever necessary. Of course, I try to go around quite 16 often. 17 Q Tell me the location of your office at the 18 Nitro plant. Is it in a specific building? 19 A Yes. 20 Q 21 a number? Can you identify that building? Does it have 22 A It has a number. I don't know the number. 23 Q 24 location? And how long has it been in its present 25 A The same building? JAM ES MAY R E P O R TIN G SER VIC E S -j ^ * " (J -* * ,y J '1 c Q Yes, sir. Ever since I have been with Monsanto Nitro 3 Plant- It has been moved from one room to another. But ' 4 it1s been in the same building. 5 Q As best you can, tell me what the building 6 is constructed of. What material is it constructed of, 7 as best you can? 8 A Masonry construction. 9 Q All right. Is your office on the first, 10 second or what floor of the building? 11 A First. 12 Q How close is your office to the Building 41? c 14 15 A I don't know. Q How close is it to Building 34 if you know? A I don't know. They are both within walking 16 distance. - 17 Q Tell me generally what equipment is available 18 in the dispensary- 19 A Primarily diagnostic equipment. 20 Q Can you be more specific? 21 A Okay. Well, of course, stethoscopes, otoscopes, '22 ophthalmoscopes, sight screeners, audiogram, scales, examining 23 table with stirrups, gloves, tongue depressors,, percussion hammer. I guess that would pretty well cover the examining C 25 room. ; JAMES MAY REPORTING SERVICE V 134 1"_-J 1 Q How many beds or examining tables are located 2 in the dispensary? 3 A Two beds. One examining table. . 4 ' Q Can you tell me what drugs are generally 5 stocked in the dispensary? 6 A Drugs? 7 Q Yes, sir. 8 A You mean medicines? 9 Q Drugs. 10 A Narcotics? n Q The word used as drugs. How would you detine 12 the word drugs? 13 A Well, we have no narcotics stocked. The 14 nurses have some analgesics, so-called cold pills, throat 15 lozenges, antiseptics, bandages, splints. 15 Q " How about penicillin for example? 17 A No. 18 Q Any other drugs within your definition that 19 you can tell us that it's generally stocked with? 20 A We have nothing that we use for extended 21 therapy. These medicines that are retained in the dispensary 22 are used primarily just to keep the employee fairly com 23 fortable until he can acquire the services of his family 24 physician. If anything is required for my own extended 25 therapy, I will write a prescription to that employee. JAM ES MAY R E PO R TIN G S ER VIC E I 1 Q Is it the practice to dispense the items that 2 you have just described from the dispensary? 3 A Yes. They are over the counter dnigs that the .4 nurse gives out. I 5 Q What are the hours of operation of the 6 dispensary if you know? 7 A If I know? I think I know the nurses' hours. 8 Do you want that? 9 Q I want to know the hours that it's open. 10 A The dispensary is open all hours of the day 11 and night if it's necessary. 12 Q What personnel is responsible for staffing it 13 during a normal day? 14 A A nurse. 15 Q And do you know, is there one shift or two 16 shifts? 17 A One shift. 18 Q So is it normally open eighthours a day, 19 staffed by a nurse? 20 A It is open 24 hours a day if necessary. A 21 nurse is on the premises eight hours a day, five days a 22 week. 23 Q Now what, how would you say generally, what 24 procedures or operations are performed within the dispensary? 25 A Routine physicalexaminations,preventive JAM ES MAY R EPO R TIN G SER VIC E 13G medicine* Therapy for individuals dictates whether it requires my own personal service or a specialist of their choice. Again, I repeat myself but there are medicines given for the patients' and employees' personal: comfort if at all possible. We do nothing to interfere with the private practice of medicine in the dispensary. Q If you know, what is the procedure by which an employee can come to the dispensary? A Walk in the door. Q If you know, where are the medical files located? A In the dispensary. Q Who has custody, what person has custody of those files? A The nurse has a key to the filing cabinets. I don't know who.else does. I don't carry one myself. Q If you know, are there any written policies or procedures governing the operation of the dispensary? A I'm sure there are. I don't know what they are. Q Do you know where they would be or who would have them? A No. Probably the plant manager's office, I would guess. Q Does the dispensary provide overnight care? v JAM ES MAY R E PO R TIN G SER VIC E 13? > T 1 c2 3 A Hopefully not. Q Do you want to explain that? A No. I will just answer no. 4 Q All right. Does it provide care for'longer *1 * ** 5 than one but less than ten hours? 6 A Longer than one and less than ten? No one 7 would be there over ten hours. 8 Q Well, does it provide -- 9 A They could be there one hour but nobody would 10 be there ten hours. 11 Q Does it provide optical and auditory services? 12 A That has been answered. But we do. Examina c 13 tions . 14 Q Has there been any change in the size or 15 location or staffing of the dispensary since you have been 16 the plant physician? 17 A Yes. 18 Q Can you tell megenerally since 1950 what 19 those changes have been? 20 A It has beenenlarged andmodernized. We have 21 more nurses on duty ordinarily than we used to have in the 722 past. 23 Q Can you tell me, if you recall, can you tell 24 me when those changes took place? c 25 A No. JAM ES MAY R E P O R TIN G SER VIC E 13E I 1 UR. LOVE: I think that's all. 2 MR. PRATT: Okay, For the 3 record, we will shut this deposition down. If during the 4 course of other depositions we need to get the Doctor again, 5 I take it there will be no problem with that, right? 6 MR. LOVE: Be happy to make 7 the Doctor available at a reasonable time. 8 MR. PRATT: Good. 9 10 Dr. Richard C. Wallace 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JAMES MAY R EPO R TIN G SER VIC E STATE Or ILLINOIS COUNTY OF MADISON ) ) ) SS ) ) I, JAMES Vi. MAY, a Notary Public, duly commissioned and qualified in and for the County of Madison, State of Illinois, do hereby certify that pursuant to notice came before me on the 23rd, 24th and 26th of May, A.D., 1983, at the law offices of W. Stuart Caldwell, Charleston National Bank Building, Charleston, West Virginia, DR. RICHAPJ) C. WALLACE, who was by me duly sworn to testify to the truth and nothing but the truth of his knowledge touching and concerning the matters in controversy in this case; that he was thereupon carefully examined upon oath, and his examination reduced to writing under my supervision; and that the deposition is a true record of the testimony given by the witness* I FURTHER CERTIFY that I am neither attorney nor counsel for nor related to nor employed by any of the parties to the action in which this deposition JA M ES MAY R E P O R TIN G SER VIC E 1 -is taken; and further, that I am not a relative or an 2 employee of any attorney or counsel employed by the parties 3 .hereto, or financially interested in the action.*.;. f"-1/_ v+ 4 5 IN WITNESS WHEREOF, I have hereunto set 6 my hand and affixed my notarial seal on this ____ i 7 day of _____________________, A,.D. , 1983. 8 9 Notary Public within and 10 for the County of Madison, in the State of Illinois. 11 12 13 14 15 1 17 18 19 20 21 22 23 24 25 i i 1 JAM ES MAY R EPO R TIN G SERVICE 14.