Document MJ6N3xQrN9Qj2K9eKnNrGyzv9

|?'V ttfiW htuS SKALC DISCOVERY FILE COPY IN THE SUPERIOR COURT, STATE OF CALIFORNIA,-^ IN AND FOR THE COUNTY OF ALAMEDA BEPORB THE HONORABLE JOHN S. COOPER, JUDGE DEPARTMENT NUMBER 15 ^GILBERT HOWELL AND CAROL HOWELL, VI ',' . , . * VS. PLAINTIFFS, fiRAYMARK INDUSTRIES, INC., ET AL. , DEFENDANTS. / NO. 603875-3 91V REPORTERS' DAILY TRANSCRIPT TUESDAY, JANUARY 6, 1987 --APPEARANCES : 23 "FOR THE PLAINTIFFS: i?ij & ! FOR DEFENDANT RAYMARK: 25 . 26 .. 27 FOR DEFENDANT GAF : STEVEN KAZAN, ESQ. PETER FISHER, ESQ. AND THOMAS TRAPANI, ESQ. JOHN J. MOURA, ESQ. - 28 REPORTED BY: SUSAN M. THOMSON AND SHIRLEY TARVER MR. MC GRATH* I might just want to get up and stretch once in a while. THE COURT* Don't hesitate. All right. You may proceed. MR. TRAPANI* Thank you. your Honor. Raymark& Industries would like to call Dr. John Craighead. THE COURT* For the convenience of witness scheduling, he is being called out of order. We are not done with the previous witness yet. MR. KAZAN* That's correct* MR. TRAPANI t . Yes, -sir. ' * THE COURT* You want to step up and be sworn, sir? JOHN E. CRAIGHEAD, called as a witness on behalf of the Defendant, Raymark Industries,after having been first duly sworn, was examined and testified as follows* THE CLERK* Please be seated. State your name and ", spell your last name for the record, please? THE WITNESS* John Edward Craighead, C-r-a-i-g-h-e-a-d. DIRECT EXAMINATION BY MR. TRAPANI MR. TRAPANI* q. Dr. Craighead, where do you presently reside? A. I live in Burlington, Vermont. Q. What is your current occupation and title? A. I am professor and chairman of the Department of Pathology at the University of Vermont in Burlington, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ' 22 23 24 25 26 27 28 q. Bow long have you held that position.at the University of Vermont? A, I have been chairman of the department since 1974, Q, Could you explain to the jury what that position entails?' A. Well, the position has a number of different responsibilities. First, r am responsible for the teaching program at the college of Medicine, which consumes, for example, 20 percent of my time and we teach a number of courses to the medical students and physicians after they have graduated.In the general subject of pathology, which is the study .of disease, quite simply ..stated* And then 1 have responsibility for the direction of the laboratories of the Medical center Hospital of Vermont, which is a major referral center in our part of the country, and several other smaller hospitals i- -In that capacity we operate clinical laboratories which carry out a variety of different procedures on patients from the whole region and we examine tissues that are removed at surgery or cytological preparations. Those are: secretions from the body, and then we carry out post-mortem examinations on patients who die in the community or in the hospital. So that's my job as director of. the laboratories. And then I have a certain number of administrative responsibilities that go along with being a chairman of a department of about -- well, 30 professionals, and then I carry out a research program which is involved with several different areas of modern biology. - 1 1 Q. Could you give ua some idea of your educational 2 background? 3 A. Well, I graduated from the University of Utah in -- 4 good many years ago --.1956* And then I moved to Washington 5 University in Saint Louis, where I trained in internal^* 6 medicine for a year, moving then to the National Institutes 7 of Health, where I worked in epidemiology and experimental 8 pathology, concerned with respiratory infections, primarily, 9 and then later, other types of infections, and I was at the 10 National Institutes of Health for three years, learning, 11 essentially, the skills of research and experimental 12 pathology and epidemiology. 13 Then I moved to Harvard University and the Peter 14 Bent Brigham Hospital, which is a major teaching hospital at 15 Harvard, and trained in pathology there, first in the 16 subject of anatomic pathology, which is an examination of 17 tissues lodged at the end of the microscope and electron 18 microscope and post mortem to, essentially, learn that 19 particular field of diagnostic pathology. 20 Then I undertook further training in what is known 21 as clinical pathology, as I described to you, that includes 22 hematology, the study of blood, blood banking; microbiology, 22 the subject of heraiopathology and topics such as this. So 24 that training continued into the 60's, and then I became a 25 faculty member at Harvard. 26 Q. Are you board certified in any specialty? 27 A. Ye3. I am board certified in anatomic pathology, 28 which is the study of tissues, and clinical pathology, which 6.V i V rather, as to which there was a motion to strike, and then, I guess, connected with that -- but it seemed to be on a slightly different track -- there was the question of relying, if any, upon a telephone conversation, I believe it was, ^ Now, Doctor, you said something about personal observation and I gather that was part of the basis for your comment about the testimony you gave as your opinion or your testimony, at least, concerning -- I believe it was Canada and the question of chrysotile and other matters being annexed with it in the mining stage but not being with it in the purifying stage. Could you tell us what you meant by your own personal observations, sir? THE WITNESS: Well, I think, your Honor, it's a combination of reading about the means by which asbestos is prepared from the. crude material that comes out of the mine to the finished product. And I've read -- for example, Dr, Selikoff's book has a very detailed discussion of this. Other mineralogical books have discussions to a lesser extent, and then I had the opportunity of visiting an asbestos mine and going through the milling process in some detail, photographing it and analyzing what happens, and on the basis of those types of observations, seeing how the crude materials that are in asbestos are separated from the final product and how the final product is made. Those were my personal observations, THE COUftTi Well, it would appear to me, at least, ..&v $<r 2071 1 directing ourselves -now to that particular answer as to 2 which the notion to strike was interposed, that it would now 3 be your turn, Mr* Kazan, to cross-examine on voir dire as to 4 the foundation he has laid* 5 VOIR DIRE EXAMINATION BY MR* KAZAN ** 6 MR, KAZAN* Q. When did you make this trip to the 7 Canadian mines? 8 A* Oh, this was the Vermont mines* We have a Vermont 9 mine that is contiguous in a -- in a contiguous geological 10 strata to the asbestos Thefford Mills mines in Canada. 11 Q.' So your observation in photographing of the mining 12 and milling operation was at the Vermont mine7 13 A. Yes, but the process, as I understand it, is an 14 identical process, for all practical purposes,' 15 q When did you make those observations or take these 16 photos? '' 17 A. Oh, probably about 1981, '82, 18 Q. In 1981, *82, were you already concerned about the 19 potential significance of tremolite contamination' and 20 chrysotile as it causes mesothelioma? ;^ 21 A, Not in the context as It comes up in a discussion 22 such as this. I was interested in learning something about 23 asbestos and all that I could, because we were investigating 24 the laboratory. 25 Q. In fact, is the crysotile mined in Vermont 26 contaminated with tremolite? 27 A* I don't know. I'm talking about the general 26 process of purification. I don't have analytical Craig fep.tt.dl 2Q8Q 1 2 SKALC discovery 3 FILE COPY 4 5 IN THE SUPERIOR COURT, STATE OF CALIFORNIA, 6 IN AND FOR THE COUNTY OF ALAMEDA 7 BEFORE THE HONORABLE JOHN S. COOPER, JUDGE s DEPARTMENT NUMBER 15 9 10 GILBERT HOWELL AND CAROL HOWELL, 11 PLAINTIFFS, 12 VS. NO. 603875-3 13 RAYMARK INDUSTRIES, INC., ET AL. , 14 ______________ 15 DEFENDANTS. / 16 17 13 REPORTERS' DAILY TRANSCRIPT 19 WEDNESDAY, JANUARY 7, 1937 20 21 22 APPEARANCES: 23 FOR THE PLAINTIFFS: STEVEN KAZAN, ESQ. 24 FOR DEFENDANT RAYMARK: PETER FISHER, ESQ. AND THOMAS TRAPANI, ESQ. 25 FOR DEFENDANT GAF: JOHN J. MOURA, SSQ. 26 27 2 S REPORTED BY: SUSAN rt.. THOMSON AND SHIRLEY TARVER 1 PROCEEDINGS 2 WEDNESDAY, JANUARY 7, 1987 9:35 A.M. 3 THE COURT: MORNING, LADIES AND GENTLEMEN. 4 DON'T BE WORRIED ABOUT MRS. WATSON. I JUST 5 TALKED TO HER ON THE PHONE, AND SHE THOUGHT SHE^OULD 6 BE ABLE TO BE HERE, BUT BECAUSE OF ARRANGEMENTS AS TO 7 THE WAY SHE WILL 3E BROUGHT UP TO DATE ON THE 3 TESTIMONY IN HER ABSENCE, SHE WOULD NOT BE EXPECTED 9 TO BE HERE UNTIL THE WITNESSES ARE FINISHED. 10 UNDER AN ARRANGEMENT NOT USUALLY AVAILABLE 11 BUT TO WHICH ALL PARTIES HAVE AGREED, SHE WILL BE 12 ABLE TO READ THE TRANSCRIPT OF THEIR TESTIMONY. 13 THAT'S NOT A CUSTOMARY PROCEDURE, BUT JUST SO WE CAN 14 KEEP THE CASE MOVING EVERYBODY HAS AGREED TO IT. 15 TAKE THE STAND AGAIN, PLEASE, DOCTOR, IF 16 YOU WOULD. 17 SHE'S EXPECTED IN THIS AFTERNOON AGAIN, 18 UNLESS I HEAR TO THE CONTRARY, SO YOU KNOW IF YOU SEE 19 HER THAT'S WHAT'S GOING ON. 20 MR. KAZAN. 21 MR. KAZAN: THANK YOU. 22 ------- 0 0 0-- 23 DR. JOHN CRAIGHEAD, 24 HAVING BEEN PREVIOUSLY SWORN, TESTIFIED AS FOLLOWS: 2 5 -- 000 -- 26 CROSS-EXAMINATION (RESUMED) 27 3Y MR. KAZAN: 29 Q. I'LL TRY TO GET YOU OUT OF HERE THIS 21 26 USE IS CHRYSOTILE"ASBESTOS? A. YES. Q. AND THAT'S BEEN TRUE FOR DECADES; ISN'T THAT TRUE? A. I DON'T KNOW HOW LONG, BUT SEVERAL DECADES, YES . Q. YOU TOLD US THAT CHRYSOTILE IS MINED IN THE UNITED STATES, AMONG OTHER PLACES, IN VERMONT? A. YES. Q. AND IN FACT THAT'S WHERE YOU ARE FROM AND WHERE YOU TEACH? A. THAT'S RIGHT. Q. AND VERMONT HAS THE LARGEST ASBESTOS MINE IN THE UNITED STATES. A. I BELIEVE SO, YES. CALIFORNIA IS PROBABLY GIVING IT A RUN FOR ITS MONEY. I'M NOT. SURE, BUT I THINK IT'S THE LARGEST. Q. AND OVER THE YEARS THAT MINE HAS BEEN IN EXISTENCE WHAT, 50, 60 YEARS? A. OH, I DON'T KNOW. Q. A LONG TIME? A. PROBABLY. Q. AND YOU SAID YOU HAD A CASE OF MESOTHELIOMA FROM THAT MINE? A. YES. Q. YOU TOLD US THAT YESTERDAY? Tt A. YES. Q. AND YOU ..DON ' T KNOW WHETHER THERE'S i fl & I?- 2 12 7 1 TREMOLITE IN THAT`MINE OR NOT/ DO YOU? 2 A.. NO, 3 Q. YOU. DO KNOW THERE'S CHRYSOTILE? 4 A. YES. 5 a. AND WHEN YOU GOT THIS CASE, YOU NEVER*' : :Y- 6 PUBLISHED THAT CASE REPORT, DID YOU? n / A. NO. 8 0. DID YOU MAKE ANY ATTEMPT TO FIND OUT 9 WHETHER THERE WERE OTHER CASES OF MESOTHELIOMA AMONG . 'J 10 WORKERS OR FORMER WORKERS OF THAT MINE? 11 :'-V t;. 12 A. . Q. YES. HOW DID YOU GO ABOUT DOING THAT? 13 A. PUBLIC HEALTH DATA. WE HAVE REVIEWED,. ON 14 SEVERAL OCCASIONS, THE PUBLIC HEALTH DATA OF THE 1 5 STATE. 1 5 WE REVIEWED ALL OUR FILES WHERE WE WOULD 17 RECEIVE THEM IN.OUR HOSPITAL. AND THERE ARE NONE. 18 I CONSISTENTLY LOOK AT ALL MESOTHELIOMAS 19 THAT OCCUR IN OUR REGION OF THE COUNTRY. MOST OF 20 THEM THAT OCCUR, PEOPLE HAVE NO ASBESTOS EXPOSURE AT 21 ALL, INTERESTINGLY ENOUGH. 22 3 UT THAT'S THE ONLY CASE WE DISCOVERED. 2 3 0. DID YOU MAKE ANY AT TEMPT TO FOLLOW UP WITH 2 4 THE PRESENT OWNERS OF THAT MI HE AS TO WHETHER THEY 25 ARE AWARE OF OTHER CASES? 2 5 A. W E HAVE FOLLOWED PU BLIC HEAL TH DATA. 27 NO, WE HAVE NOT. 20 Q. DO YOU KNOW THAT MINE WAS OWNED AND 2123 1 OPERATED BY GAF? - 2 MR . MOURA: OBJECTION; IRRELEVANT. 3 THE COURT: SUSTAINED. 4 THE WITNESS: SOME YEARS AGO. 5 THE COURT: THE ANSWER WILL GO OUT. 5 THE OBJECTION WAS SUSTAINED. 7 MR. KAZAN: Q DOCTOR, DID YOU EVER MAKE 8 ANY ATTEMPT TO CONTACT THE MEDICAL DEPARTMENT AT GAF 9 TO FIND OUT IF THEY HAD EXPERIENCE WITH MESOTHELIOMA 10 AMONG THEIR RETIRED MINE.WORKERS? 11 A.. NO. I THINK THE BEST SOURCE IS THE PUBLIC 12 HEALTH DATA. 13 Q. DOES THE PUBLIC HEALTH DATA IN YOUR STATE 14 DEPEND UPON HONEST REPORTING BY EMPLOYERS? 15 A. NO. WE HAVE A CANCER REGISTRY WHERE ALL IS TUMORS ARE REGISTERED. SO WE KNOW PRECISELY EVERY 17 TIME A TUMOR IS-BIOPSIED WHAT IT IS, AND THAT GOES 13 INTO THE CANCER REGISTRY. 19 AND THEY THERE'S THE DEATH CERTIFICATE DATA 20 AS 'WELL. 21 BUT THE BEST EVIDENCE IS FROM THE CANCER 22 REGISTRY. 23 MR. KAZAN: YOUR HONOR, THERE ARE SOME 24 MATTERS WE NEED TO TAKE UP, AND THIS WOULD BE -- IF 2 5 IT'S CONVENIENT TO THE COURT -- A CONVENIENT PLACE TO 2 5 PAUSE, 21 THE COURT: ALL RIGHT. 23 PLEASE REMEMBER THE ADMONITION, LADIES AND