Document O19kjQOZpRoYLNjJgjQpVX73L

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In Re : "AGENT ORANGE" PRODUCT LIABILITY LITIGATION MDL No. 381 (Ail Cases) PLAINTIFFS' INTERROGATORIES TO DEFENDANTS PLEASE TAKE NOTICE, pursuant to Rule 33 of the Federal Rules of Civil Procedure, the plaintiffs demand that the defendants herein serve and file answers to each of the following Interrogatories in writing and under oath on or before January 9, 1984, unless otherwise indicated. These interrogatories are continuing interrogatories If at any time after service of answers hereto defendants obtain or become aware of additional information pertaining to any of the interrogatories, defendants shall, within thirty (30) days of such time and in no event later than five (5) days before trial, serve supplemental sworn written answers setting forth such additional information. 11801 1- Please state the name and location of each and every facility now or previously owned or controlled by you, which at anytime manufactured any herbicides containing 2,4,5-T. As to each facility state: a) The years of operation; b) The years in which the specific product was manufactured; and, c) The reason for the operation stopping, if that be the case. 11802 2. State whether during the production of 2,4,5-T phenoxy herbicide for the Government during the years 1961 to 1963, any of the products contained the contaminant 2,3,7,8-TCDD and, if so, state the weight, volume and level of the contaminant and set forth the specific documents by number if they have already been produced supporting your answers. 3. Did any herbicide containing 2,4,5-T manufactured and or sold by you contain any caution, warning, caveat or other statement or explanation on the product or its packaging? a) If so, when did the warning or statement first appear ? b) What was the precise wording of the warning or other statement when it first appeared? c) Has the warning or statement been altered, amended or changed in any manner? If so, how and when was it amended? d) Where was the warning or statement located on each product or packaging? 1 4 - State if any health-related person employed or otherwise retained by you (including but not limited to chief medical officer, physician, medical consultant, industrial hygienist, toxicologist, analytical chemist, epidemiologist, biostatistician, immunologist, and clinician) at any time ever made any recommendations and/or suggestions to you pertaining to the risks or hazards to persons involved in the manufacturing or use of dioxins. If so, please state: a) When were such recommendations and/or suggestions made? b) To whom were such recommendations and/or suggestions made? c) By whom were these recommendations and/or suggestions made? d) The substance of the recommendations and/or suggestions. e) Produce all documents prepared which forms the basis of the answers to this interrogatory. 11805 The following question may be answered within sixty (60) days if you, in good faith, represent that it cannot be answered, within thirty (30) days. 5. Please identify all of your writings (employee newsletters, posters, directives, flyers, letters, etc.) which were at any time provided to or directed to your employees, and which contain any caution, warning, direction, suggestion or recommendation as to the safe handling of phenoxy herbicides or any dioxin contaminated product. If applicable, please attach a copy of all such writings identified in this interrogatory. 808 6 . State the names and addresses of the Chief Industrial Hygienist employed by you from 1945 until the present time who dealt with herbicides containing 2,4,5-T. Please state: a) the facility or office to which they were assigned; and, b) their complete and precise duties and responsibilities. 11807 7. Please list all scientific and medical periodical and journals, both American and foreign, in which you claim the toxic effects of dioxin were reported from 1945 to the present; and, give the specific references to such reports for each such periodical or journal. 11808 8. State whether you knew health hazards, physical disorders, injuries, irritations or diseases were associated with exposure to, or use of herbicides containing 2,4,5-T. If your answer is affirmative, state or identify: a) the date you acquired such knowledge, belief or suspicion; b) the manner in which you gained such knowledge belief or suspicion; c) the type of health hazards, physical disorder injuries, irritations or diseases; d) all documents and communications which refer, reflect, relate to, or embody the information sought by this interrogatory. 9. State whether you knew or believed that any government agency, including but not limited to the Environmental Protection Agency, the United States Department of Agriculture, and the Food and Drug Administration, claimed there were defects or dangers in or associated with the use of herbicides containing 2,4,5-T from 1955 to 1973. 10. Have you ever conducted any testing in the field, that is, where your herbicides containing 2,4,5-T were being used, to determine what levels of dioxin existed in air, water or soil. If so, please state the following: a) the person responsible for conducting each such test; I i I b) each person conducting every such test; c) the date of each such test; d) the location of each such test; I e) the method of sampling utilized in each such test; f) the result of each such test; g) whether such tests results were reported to any governmental agency from 1961 through 1970, and provide the name of the governmental agency and when the results were reported, and h) produce all documents referred to which forms the basis of the answers to this interrogatory. 11811 11. Did you at any time between 1961 and 1973 recommend to the government that any herbicide containing 2,4,5-T be replaced because of possible health problems associated with its use? I I I I 12. State whether there have been any adjudications or settlements against you in any jurisdiction in either a court of law or equity, or before an administrative or other tribunal for claims of damages associated with exposure to herbicides containing 2,4,5-T. If your answer is in the affirmative, state the following: a) the caption of the case b) the name of the tribunal, either judicial or administrative c) the name and address of p laintiffs' counsel. 13. Please state whether from the years 1955 through 1973 any of your present or former employees have ever made a claim for one or more of the following: chloracne; porphyria cutanea tarda; hyperpigmentation; hyper keratosis; hirsutism; asthenia; weakness in lower extremities; loss of strength; easy fatigability; fatigue; headaches; periphery neuropathy; polyneuropathy; intolerance to cold; other neurologies deficits; irritation to eyes; impairment of sight; impairment of hearing; impairment of smell; impairment of taste; loss of weight; loss of appetite; anorexia; loss of sexual drive; sleep disturbanc orthostatic hypotension; abdominal pain; nausea; vomiting; diarrhe other gastrointestinal disorders; neurasthenia; depression; violer behavior; other psychobehavioral disorders; myocardial infarction; atherosclerosis; other cardiovascular disorders; liver damage; pancreatic dysfunction; kidney disorders; urinary tract disorders; pulmonary pathologies; other disorders; cholangiocarcinoma; other liver cancers; kidney cancer; bladder cancer; pancreatic cancer; colon cancer; stomach cancer; other gastrointestinal cancers; lung cancer; fibrosarcoma; leiomyosarcoma; liposarcoma; rhabomyosarcoma; (myofibrosarcoma; neurofibrosarcoma; fibrous histiocytoma; retroperitoneal neurogenic sarcoma; fibrosarcomatous mesothelioma; other soft-tissue sarcomas; leukemia; angiosarcoma; other blood cancers; hepatoma; lymphoma; squamous cell carcinoma of skin; other skin cancers; thyroid cancer; other glandular cancers ; cancer of tongue; cancer of hard palate; other cancers of mouth; as a result of alleged exposure to herbicides containing 2,4,5-T during and after its industrial synthesis under the Occupational Disease or Workmen's Compensation Statute of any state or any Federal Compensation Statute. If so, please state: | a) the date that you first received notice of each such claim; b) the date, name, state and stated basis for each such claim; c) the disposition of each such claim j i i I jJ d) if documents exist pertaining to such claim, please identify all such writings; and ! e) produce all such documents. 14. Please state whether from the years 1955 through 1973 any of your present or former employees have been awarded benefits for one or more of the following: chloracne, porphyria cutanea tarda; hyperpigmentation; hyper keratosis; hirsutism; asthenia; weakness in lower extremities; loss of strength; easy fatigability; fatigue; headaches; peripheral neuropathy; polyneuropathy; intolerance to cold; other neurological deficits; irritation to eyes; impairment of sight; impairment of hearing; impairment of smell; impairment of taste; loss of weight; loss of appetite; anorexia; loss of sexual drive; sleep disturbances; orthostatic hypotension; abdominal pain; nause vomiting; diarrhea; other gastrointestinal disorders? neurasthenia depression; violent behavior; other psychobehavioral disorders; myocardial infarction; atherosclerosis; other cardiovascular disorders; liver damage; pancreatic dysfunction; kidney disorders; urinary tract disorders; pulmonary pathologies; other respiratory disorders; fat metabolism disorders? carbohydrate metabolism disorders; cholangiocarcinoma; other liver cancers; kidney cancer; bladder cancer; pancreatic cancer; colon cancer; stomach cancer; other gastrointestinal cancers; lung cancer; fibrosarcoma; leiomyosarcoma; liposarcoma; rhabomyosarcoma; myofibrosarcoma; neurofibrosarcoma; fibrous histiocytoma; retroperitoneal neurogenic sarcoma; fibrosarcomatous mesothelioma; other softtissue sarcomas; leukemia; angiosarcoma; other blood cancers; thyroid cancer; other glandular cancers; cancer of tongue; cancer of hard palate; other cancers of mouth; as a result of alleged exposure to herbicides containing 2,4,5-T during and after its industrial synthesis under the Occupational Disease or Workmen's Compensation Statute of any state or any Federal Compensation Statute. If so, please state: a) the date that you first received notice of each such claim. b) the date, name, state and stated basis for each such claim; c) if documents exist pertaining to any such claim please identify all such writings; and d) produce all such documents. SID 15. Please state whether any of your present or forme employees are known by you to be suffering from, having suffered from or whose deaths have been attributed to one or more of the following: chloracne; porphyria cutanea tarda; hyperpigmentation; hyper keratosis; hirsutism; asthenia; weakness in lower extremities; loss of strength; easy fatigability; fatigue; headaches; peripher neuropathy; polyneuropathy; intolerance to cold; other neurologic deficits; irritation to eyes; impairment of sight; impairment of hearing; impairment of smell; impairment of taste; loss of weight; loss of appetite; anorexia; loss of sexual drive; sleep disturbances; orthostatic hypotension; abdominal pain; nausea; vomiting; diarrhea; other gastrointestinal disorders; neurastheni depression; violent behavior; other psychobehavioral disorders; myxardial infarction; atherosclerosis; other cardiovascular disorders; liver damage; pancreatic dysfunction; kidney disorders urinary tract disorders; pulmonary pathologies; other respiratory disorders; fat metabolism disorders; carbohydrate metabolism disorders; cholangiocarcinoma; other liver cancers; kidney cancer; bladder cancer; pancreatic cancer; colon cancer; stomach cancer; other gastrointestinal cancers; lung cancer; fibrosarcoma; leiomyosarcoma; liposarcoma; rhabomyosarcoma; myofibrosarcoma; neurofibrosarcoma; fibrous histiocytoma; retroperitoneal neurogeni sarcoma; fibrosarcomatous mesothelioma; other soft-tissue sarcomas leukemia; angiosarcoma; other blood cancers; hepatoma? lymphoma; squamous cell carcinoma of skin; other skin cancers; thyroid cancer; other glandular cancers; cancer of tongue; cancer of hard palate; other cancers of mouth; who were at any time exposed to phenoxy herbicides, including but not limited to 2,4,5-T, during and after its industrial synthesis, and/or exposure to other dioxin contamination, giving the date when such diseases of any present or former employee was first known by you. Dated: Carle Place, New York December 22, 1983 PLAINTIFFS' MANAGEMENT COMMITTEE By: DEAN, FALANGA & ROSE, ESQS. One Old Country Road Carle Place, NY 11514 (516) 248-9888 DAVID J. DEAN A Member of the Firm 11816 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MEW YORK IN RE: "AGENT ORANGE" PRODUCT LIABILITY LITIGATION STATE OF NEW YORK) )SS. : COUNTY OF NASSAU ) On, this, the 22nd day of December, 1983, a copy of the PLAINTIFFS' INTERROGATORIES TO DEFENDANTS was served by regular mail upon all attorneys of record as per the attached list with the exception of Rivkin, Leff, Sherman & Radler, E s q s ., who have been personally served this date. DAVID J. DEAN >-!JL SERVICE LIST #1 RIVKIN, LEFF, SHERMAN & RADLER, Leonard Rivkin, Esq. Attorneys for Dow Chemical 100 Garden City Plaza Garden City, New York 11530 (516) 746-7500 ESQS. CADWALADER, WICKERSHAM & TAFT, ESQS Michael Gordon, Esq. Attorneys for Diamond Shamrock One Wall Street New York, New York 10005 (212) 908-7000 TOWNLEY & UPDIKE, ESQ S . John Sabetta, Esq. Attorneys for Monsanto 405 Lexington Avenue New York, New York 10174 (212) 682-4567 CLARK, GAGLIARDI & MILLER, E SQS. Morton B. Silberman, Esq. Attorneys for Thompson Haywood The Inns of Court 99 Court Street White Plains, New York 10601 (914) 946-8900 KELLEY, DRYE & WARREN, ESQS. William Krohley, Esq. Attorneys for Hercules 101 Park Avenue New York, New York 10178 (212) 808-7800 BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM, ESQS. David R. Gross, Esq. Attorneys for Thompson Chemical 33 Washington Avenue Newark, New Jersey 07102 (201) 622-7400 ARVIN MASKIN U. S. Department of Justice Trial Attorney, Torts Branch Civil Division Safeway Building 521 12th Street Washington, D.C. 20530 (202) 724-6743 ARTHUR, DRY & KALTSH, P.C. Thomas A. Beck, Esq. Attorneys for Uniroyal 1230 Avenue of the Americas New York, New York 10020 (212) 841-9300 SHEA & GOULD, ESQS. Richard Goldstein, Esq. 330 Madison Avenue 15th Floor New York, new York 10017 (212) 370-8000 SPECIAL MASTER SOL SCHREIBER Milberg, Weiss, Bershad and Specthrie, Esqs. One Penn Plaza New York, New York (212) 594-5300 CLERK OF THE PANEL JUDICIAL PANEL ON MULTIDISTRICT LITIGATION 1120 Vermont Avenue, N.W. Suite 1002 Washington, D.C. 20005 (202) 653-6090 ROBERT C. HEINEMANN, CLERK L S. District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 ALLAN FREIDMAN CHAMBERS OF JUDGE WEINSTEIN H S. District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Chambers gets two copies 11818 ~ -M r GAVIO JOHN DEAN ANTHONY J. FALANGA JOSEPH COVELLO NORMAN ROSE JOSEPH M. REYNOLDS MONROE FINK COUNSELLORS AT LAW ONE OLD COUNTRY ROAD CARLE PLACE. NEW YORK 11514 December 22, 1983 (516) 246-9686 (516) 741-4411 (212) 343-4114 Honorable Jack B. Weinstein United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Re: Agent Orange Product Liability Litigation MDL #381 ' 0 4 Honorable Sir: As per your direction, we have this date duly served upon all defendants the revised Plaintiffs' Interrogatories. we nave a suggestion and a request in connection with Pre-Trial Order No. 72. We note that on Page 31 of Your Honor's Memorandum decision, the second paragraph defines the plaintiffs' class with respect to its geographic limitations, the mechanism of damage and those plaintiffs who are to be prospectively included. However, no reference is made to the period of service in the armed forces within which prospective plaintiffs would have to have served in order to qualify. May we suggest that after the words "Australian Armed Forces" the words "at anytime from 1961 to 1972, who claim to be" be included. Our request is the following. Inadvertantly we had neglected to supply the name of the seventh firm that tentatively comprises the Management Committee. Stanley M. Chesley, Esq., of Waite, Schneider, Bayless and Chesley Co., L.P.A., located at 1513 Central Trust Tower, Fourth & Vine Streets, Cincinnati, Ohio 45202 is a proposed member of the Agent Orange Plaintiffs' Management Committee. He has already appeared before Your Honor in this lawsuit. His firm has and will make a substantial contribution to this lawsuit and it was. only through a secretarial ommission for which my office is solely responsible, that Mr. Chesley's name did not appear in Paragraph 14 of the proposed Legal Notice to Class Members. May we earnestly request that Your Honor allow the inclusion of the aforementioned firm in the Notice. Respectfully PLAINTIFFS ' MANAGEMENT COMMITTEE D J D :at cc: Attached Service Lists 11819 UNITED STATES DISTRICT COURT EASTERN-DISTRICT OF NEW YORK In ;re: v ..^ 0/ "AGENT ORANGE " Product Liability Litigation MEMORANDUM OF THE UNDERSIGNED DEFENDANTS IN OPPOSITION TO PLAINTIFFS' MOTION TO INCLUDE 2,4-D IN THIS CASE___________ Rivkin, Leff, S herm an & Radler Attorneys a n d Co u n s e llo r s at Law IO O Ga r d e n C ity Pl a z a , Ga r d e n C ity, N. Y. 11530 1.1:G20 We submit this memorandum on behalf of the undersigned defendants in opposition to plaintiffs' motion to include the issue of whether the chemical compound 2,4-Dichlorophenoxyacetic acid ("2,4-D") was the proximate cause of any of plaintiffs' alleged injuries in the impending trial in In re "Agent Orange" Product Liability Litigation, MDL No. 381 ("Agent Orange Litigation"). SUMMARY OF ARGUMENT The herbicide Agent Orange purchased from defendants by the military for use in Southeast Asia during the Vietnam conflict consisted of a 50/50 mixture of the n-butyl esters of two phenoxy herbicides, 2,4-D and 2,4,5-Trichlorophenoxyacetic acid ("2,4,5-T"). The history of this case clearly indicates that plaintiffs' claims of injuries attributable to exposure to Agent Orange focus solely on an alleged toxic impurity, 2,3,7,8Tetrachlorodibenzo-p-dioxin ("dioxin" or "TCDD") present in the 2,4,5-T component of Agent Orange. All of the discovery and all of the papers filed in this action -- including in particular the summary judgment submis sions recently filed by the parties with respect to the govern ment contract defense -- have centered on dioxin as the critical substance in this litigation. Recognizing this focus, the relevance of issues relating to 2,4-D was specifically addressed more than a year ago at a series of proceedings before the Special Master. The issue ini- 11821 tially arose in the specific context of the government's document production from the files of the Environmental Protection Agency, in particular the enormous burden that would be imposed on the government, the parties and the Court if documents pertaining to 2,4-D had to be produced from those files. After considering the issue over the course of numerous hearings, it became clear-- indeed plaintiffs conceded-- that their claims of injury in this litigation were limited to the alleged dioxin contaminant in 2,4,5-T. Additionally, it was apparent that permitting discovery relating to 2,4-D would preclude the completion of discovery in time for the scheduled June 1983 trial of the government contract defense. Consequently, at a hearing held on January 24, 1983, the Special Master ruled that all claims relating to 2,4-D should be stricken from the case with prejudice. That ruling was recon firmed at a hearing on February 1, 1983. Furthermore, the Special Master's ruling was made with the acquiescence of all counsel, including plaintiffs, who explicitly stated that they had no objection to the ruling and would take no appeal to Judge Pratt. In light of the foregoing, plaintiffs' present effort to resurrect issues relating to 2,4-D must be denied. The plain tiffs are bound by their prior decision to consent to the dismissal of 2,4-D. Their decision not to object to the Special 2- - 11822 Master's ruling and not to take any action with respect to it in accordance with the appeal procedures developed during the course of this litigation constitutes an explicit waiver of their right to appeal. See Point I, infra. Moreover, the burden on the parties and the government at this late stage of the litigation, with a trial of all issues (not only the government contract defense) only five months hence, is even more egregious than was the case when the Special Master's ruling striking 2,4,-D with prejudice was issued. Virtually no discovery has been conducted on 2,4-D from the defendants or the government; permitting such discovery at this time would necessitate reopening of many, if not all, depositions conducted to date and require locating, reviewing and producing hundreds of thousands of pages of documents. See Point II, infra. Accordingly, for the reasons set forth herein, plaintiffs' motion to include 2,4-D in this case should be denied summarily. -3- 1 1 8 2 3 FACTUAL BACKGROUND A. Dioxin in 2/4,5-T Has Been The Focus Of This Litigation From The Outset. It is clear that since the inception of this litigation the focal point of plaintiffs' claims has been that TCDD, an allegedly toxic by-product formed during the manufacture of 2.4.5- T, is the causative agent responsible for the harm plain tiffs complain of. See, e.g., Proceedings before Hon. George C. Pratt, April 24, 1980, Tr. at 27 (Exhibit "A"), and April 6, 1983, Tr. at 3987 (Exhibit "B"), and Plaintiffs' Second Supplemental Memorandum on Class Definition and Supplemental Memorandum on Generic Causation, September 12, 1983, passim (Exhibit "C"). Accordingly, deposition and document discovery by plaintiffs of defendants and both parties of the government has been limited, almost totally, to 2,4,5-T and dioxin. In view of this record, the Court observed recently that plaintiffs' claims are founded upon the dioxin contaminant in 2.4.5- T: Plaintiffs' claim is that 2,3,7,8 Tetrachlorodibenzo-p-dioxin (dioxin) is extremely toxic, that it was produced as a by-product in the manufacture of Trichlorophenol (TCP) which was a precursor chemical for 2,4,5-Trichlorophenoxyacetic acid (2,4,5-T), which in turn was com bined with 2,4-Dichlorophenoxyacetic acid (2,4-D) to make Agent Orange. . . . Pretrial Order No. 51, 565 F. Supp. 1263, 1265. -4- B. The Special Master Dismissed 2,4-D With Prejudice Ten Months Ago, With Plain tiffs' Acquiescence, And Plaintiffs Did Not Appeal That Dismissal._____________ The issue of whether the other component of Agent Orange, 2,4-D, was an element of plaintiffs' case arose within the context of the parties' discovery of the Environmental Protection Agency in the late summer of 1982. At a Special Master's hearing on September 16, 1982, in response to the EPA's estimates that there were one million docu ments responsive to the parties' discovery requests, the Special Master inquired as to the relevance of EPA registration materials dealing with 2,4-D. See Tr. at 1886-87.* Confirming that their case rested on the alleged toxicity of dioxin in 2,4,5-T, and not on 2,4-D, Victor Yannacone, Esq., speaking on behalf of Yannacone & Associates, lead counsel for plaintiffs, stated: There is no claim in this case that has ever been made that the direct toxi city manifested by the veterans and their families is not in some way involved with the Dioxin contaminant of the 2,4,5-T, 2,4,5-trichloro. Tr. at 1888-1889. Based on these representations by lead counsel for plaintiffs, the Special Master ruled at that time that 2,4-D was not part of this case. Tr. at 1899-1900. * A copy of the pertinent excerpts from this hearing is annexed as Exhibit "D". -5- j1L1i.gq o&s3; The 2,4-D issue surfaced anew at a number of subsequent conferences.* See Plaintiffs' Motion to Include 2,4-D as an Issue in Proximate Cause, dated November 23, 1983, Exhibits A-I ("Plaintiffs' Motion"). However, the record indicates no substantial departure from the initial ruling by the Special Master or the representations made by plaintiffs' lead counsel. For example, at a conference on November 2, 1982, another member of Yannacone & Associates stated: "[W]e have no credible evidence that 2,4-D...is implicated in the complaints of our class of veterans." Tr. at 2194. (A copy of the pertinent excerpts from this hearing are annexed as Exhibit "E".) Although plaintiffs' counsel did express some reservations over the dismissal of 2,4-D with prejudice, the Special Master ruled to the contrary: THE SPECIAL MASTER: . . . . Let me ask the defendants, either Mr. Rivkin or anyone else, do the defendants have any objection to striking the issue of 2,4D from the pleadings in the case with prejudice? Mr. Rivkin? MR. RIVKIN: I have none. MR. PAKULA: None. * The 2,4-D issue continued to be discussed at these conferences in light of an objection to the Special Master's ruling by Robert Taylor, Esq. of Ashcraft & Gerel, a law firm representing a number of plaintiffs. Following the September 16, 1982 con ference, Ashcraft & Gerel stated its intention to appeal the Special Master's initial ruling. In addition, they prepared a memorandum which was subsequently submitted to the Special Master on the issue of 2,4-D's inclusion in the case. However, the record indicates that Ashcraft & Gerel never filed an appeal with this Court seeking review of the Special Master's ruling that 2,4-D was dismissed from the case with prejudice. 6- - THE SPECIAL MASTER: Hearing no objec tion from all defendants, that's the sta tus of the issue nowT *** I don't think we need spend time on it. In my judgment the matter should be dismissed with prejudice. There is no evidence after three and a half years of trial [sic]; the burdensome nature of it is overwhelming as far as past records will show from our discussions with EPA. I think there is support in striking it. Tr. at 2199-2200 and 2204. Thereafter, at a conference on November 12, 1982, the Special Master requested submission by the parties of a proposed written order on 2,4-D. As noted by plaintiffs' motion papers, three proposed orders were submitted, two by plaintiffs and one by defendants. However, in the last two hearings where the 2,4-D issue was addressed, in January and February of 1983, the Special Master determined to dispense with a written order unless speci fically requested by plaintiffs, and confirmed that 2,4-D had been dismissed with prejudice. Plaintiffs did not request a written order. In fact, it is clear from the January and February hearings that plaintiffs consented to the dismissal of 2,4-D with prejudice and, accordingly, determined not to appeal the Special Master's ruling. Curiously, plaintiffs have omitted any reference to these critical hearings in their motion papers. At a hearing on January 24, 1983, counsel for Dow sought to confirm that 2,4-D had in fact been dismissed and that there -7" <* ** 'v' w r: . i would be no discovery on the matter. Responding to counsel's inquiries, the Special Master stated as follows: THE SPECIAL MASTER: And having received no objection, it is the order of the Court -- I would prefer to make it as a formal written order. But if you want an order of the Court as it now stands, this transcript will serve as an order of the Court based upon the representations of the respective parties and the Govern ment' s representation that to deal with the 2,4D, when neither the Plaintiffs nor -- the Plaintiffs do not contend that it's material to the issues, would be burdensomeness and a waste of effort and expense. So, therefore, I have directed that the Government is not to deal with the 2,4D documents. And I have also indicated that the issue is not within the case for dispute. MR. RIVKIN: I just had to protect myself. THE SPECIAL MASTER: You are pro tected, counsel. You are as protected as anybody can be in the circumstances. Tr. at 2791-92. (A copy of the pertinent excerpts from this transcript is annexed as Exhibit "F"). The Special Master thereafter reconfirmed his ruling at a conference on February 1, 1983 during which counsel for Dow sought to determine whether plaintiffs' time to appeal had expired. The following excerpts from the transcript of that hearing put to rest any doubt as to the Special Master's ruling on 2,4-D and plaintiffs' explicit determination not to appeal or otherwise object to his ruling: 8- - 11828 MR. RIVKIN: Do I understand, sir, that the Special Master has ordered 2,4d out of the case with prejudice and that that order is on the record now and that if there's going to be any appeal by the plaintiffs or by any defendants our time starts running when? MR. YANNACONE: Long since past. MR. RIVKIN: Is it over? I just have to know. I don't know where I am. SPECIAL MASTER: Let me see if we can do it this way. I have ruled that 2,4d, in view of the agreement of counsel, I think, that it has no role to play in this case, on the basis of the objection of the government that to make a produc tion of 2,4d would be overly burdensome with possibly millions of documents and hearing no objection from either side, 1^ have recommended that 2,4d discovery and the issue be stricken from the complaint and from the discovery^ Does either side object to that? If either side objects I will put it fn writing so you can go on appeal. If neither side obiects that's my ruling. MR. RIVKIN: I on behalf of Dow have no objection. I assume that's with pre judice, that's all I'm concerned about. SPECIAL MASTER: Yes, it's stricken, no longer part of the case. MR. YANNACONE: That was two months ago. SPECIAL MASTER: What is your position? M R . YANNACONE: We took no appeal, no position. It's done. 9- 11829 Tr. at 2860-61 (emphasis added). (A copy of the pertinent excerpts from this transcript is annexed as Exhibit "G"). The record indicates no subsequent appeal by any party to the Special Master's oral order of February 1, 1983 or any request for a further clarification or reconsideration of the Special Master's order. C. Relying Upon The Special Master's Order, The Parties and the Government Conducted No Discovery Relating to 2,4-D._________ In light of the Special Master's ruling, and acting in reliance on it, the defendants excluded documents pertaining to 2,4-D from document productions to plaintiffs. Dow alone esti mates that is has in its possession hundreds of thousands of pages of documents relating to 2,4-D which have not been pro duced. Moreover, the United States, also acting in reliance on plaintiffs' representations and the Special Masters' ruling, did not search for 2,4-D documents in their efforts to produce docu ments responsive to the parties' discovery requests. See Letter from Arvin Maskin to Special Master Schreiber, dated June 20, 1983 at p. 2 (Exhibit "H"). The number of documents pertaining to 2,4-D in govern ment and defendants' files is staggering. Defendants such as Dow, Monsanto and Diamond Shamrock have been selling 2,4-D since the mid-1940's or early 1950's and, indeed, some defendants.con tinue to sell 2,4-D to this date. The result of this long - 10- history of commercial sale of 2,4-D has been the accumulation of hundreds of thousands of pages of documents pertaining to 2/4-D in the government's and defendants' files. For examplef according to the government, the EPA's 2,4-D and 2,4,5-T files alone comprise one million pages. (Exhibit D, Tr. at 1854). Government counsel estimated that the number of responsive 2,4-D documents in those files is double the volume of 2,4,5-T documents. See letter of Arvin Maskin to Special Master Schreiber, dated November 8, 1982 (Exhibit "I"). The government further advised that there are 2,000 products con taining 2,4-D registered with the EPA as opposed to only 400 pro ducts containing 2,4,5-T and that there are approximately 4,800 studies on 2,4-D in the EPA's files as compared with 600 studies on 2,4,5-T. Id.* Additionally, depositions taken of the defendants and the government subsequent to the Special Master's ruling, have continued to focus on dioxin and 2,4,5-T. Plaintiffs' motion is the first indication since the * Significantly, the parties, the government and the Special Master expended a considerable amount of time and effort to notify non-party registrants of 2,4,5-T products of the EPA discovery conducted by the parties. See, e.g., Exhibit D, Tr. at 1844-45, 1848-51, 1876-77. Detailed procedures, including for example, formal notice in the Federal Register, were adopted to permit non-parties to interpose objections to production of their confidential registration materials. Since there are five times as many 2,4-D products as there are 2,4,5-T products, and since 2,4-D continues to be extensively marketed, there is a strong likelihood that the parties and the Court will have to devote considerable time and effort addressing non-party objections. - 11- Special Master's ruling ten months ago that they consider 2,4-D to be part of their case. POINT I PLAINTIFFS HAVE WAIVED THEIR RIGHT TO APPEAL THE SPECIAL MASTER'S ORDER STRIKING 2 ,4~D FROM THE CASE_______ In Pretrial Order No. 35 the Court recognized that from time to time the litigants would undoubtedly seek review of the rulings made by the Special Master: Any action taken or ruling made by the special master shall be subject to review by the court upon application of any party aggrieved by such action or ruling, provided that such application shall be served and filed with the court- within 10 days after saidaction or ruling unless such time has been enlarged by the spe cial master for good cause. 94 F.R.D. 173, 175 (emphasis added). The Special Master sub sequently modified the procedures, requiring that the parties notify the Special Master and the other parties of their inten tion to appeal within 5 days of the Special Master's ruling. Tr. at 1328-31 (Exhibit "J"). Briefs were required to be filed with the Court within 15 days of the ruling, ^d. Accordingly, any appeal of the Special Master's oral order directing that claims involving 2,4-D were stricken from the case with prejudice should have been filed with the Court, at the very latest, ten months ago. In Pretrial Order No. 39, Judge Pratt recognized the need for the parties to conform to the Special Master's appeal procedures "to facilitate a quick resolution of appeals from the 11832 - 12- special master's decision." 95 F.R.D. 192, 193. The need for immediate review of rulings by the Special Master is clear. In this large and complex case, issues must be decided and finally resolved if there is to be any progress in the litigation. Thus, plaintiffs' efforts to introduce the 2,4-D issue at this late date runs contrary to the direction of this Court for prompt resolution of such issues. Furthermore, entertaining motions such as this one, reopening issues already resolved, would seriously undermine any effort to manage this litigation effi ciently and expeditiously. There is of course no record of plaintiffs' appeal of the Special Master's ruling. The reason for that is selfevident-- plaintiffs agreed with defendants and the Special Master that 2,4-D was not an issue in the case. In an effort to distort the record, plaintiffs now argue that the absence of a written order from the Special Master or a subsequent written order by the Court is evidence that the exclu sion of 2,4-D from this case is unclear. Plaintiffs' Motion at p. 2. The fallacy in plaintiffs' argument is that it was their acquiescence which resulted in an oral rather than a written order by the Special Master. At the February 1, 1983 conference, the Special Master specifically offered to provide a written order if anyone objected to his decision for purposes of appeal. In response, plaintiffs explicitly stated on the record that they did not object to the Special Master's ruling. -13- Thus, contrary to plaintiffs' assertions, the record is perfectly clear that 2,4-D was stricken from the case with preju dice, that plaintiffs had an opportunity to appeal that ruling, and that they explicitly and deliberately refrained from exer cising their right to appeal. To the extent that plaintiffs contend that a written order was necessary for the purposes of an appeal to Judge Pratt, that position is frivolous. There has been no distinction made by the parties or the Court with respect to appeals from oral or written rulings by the Special Master. Appeals from oral rulings have been heard and ruled upon by Judge Pratt on at least four separate occasions.* Indeed, plaintiffs themselves have appealed oral orders of the Special Master on two occasions. See Plain tiffs' Memorandum in Support of Motion to Discover Insurance Appeal Matters, dated September 17, 1982 (appealing oral order issued by the Special Master on September 7, 1982) (Exhibit "K"); letter from Thomas Henderson to Hon. Jack B. Weinstein, dated November 23, 1983 (appealing oral rulings on defendants' objec tions to plaintiffs' interrogatories) (Exhibit "L"). * See Pretrial Order No. 39, 95 F.R.D. 192 (government's appeal of Special Master's order regarding location of government depositions); Pretrial Order No. 50, 97 F.R.D. 542 (defendants' appeal of Special Master's order denying request for production of Army TWIX documents); Pretrial Order No. 57, 98 F.R.D. 558 (defendant Diamond Shamrock's appeal of the Special Master's order concerning depositions of Diamond Shamrock employees); and Pretrial Order No. 59/ 570 F. Supp. 693 (defendants' appeal of the Special Master's order regulating deposition discovery). -14- Plaintiffs also intimate another basis for seeking review of the Special Master's ruling. In their motion papers, plaintiffs state that "earlier plaintiffs' counsel...voluntarily forewent discovery on 2,4-D," and suggest that "the present members of the Plaintiffs' Management Committee" may not be bound by that determination. See Plaintiffs' Motion at p. 1 (emphasis added). Defendants respectfully submit that any effort by current lead counsel for plaintiffs to disassociate themselves from the position taken on 2,4-D by prior lead counsel for plain tiff is disingenuous. In their motion requesting designation as the new plaintiffs' management committee, Messrs. Schlegel, Henderson and Musslewhite stated unequivocally that they have been actively involved in the litigation from the outset. See Motion of Certain Plaintiffs' Counsel for the Entry of an Order Approving a Designated Plaintiffs' Management Committee and for Other Relief, filed October 5, 1983 (Exhibit "M"). Thus, in February of 1983/ when counsel for'Dow sought and received the assurances of the plaintiffs and the Special Master that 2/4-D was not in the case, the three attorneys comprising the current plaintiffs' management committee were all active members of the consortium of plaintiffs' counsel. Accordingly, any suggestion by current counsel that they are not bound by the decisions of prior counsel is factually insupportable. -15- 11835 Moreover, even if the current triumvirate had not been members of plaintiffs' consortium in January and February of 1983, they have since agreed to be bound by their predecessors' decisions. In Pretrial Order No. 60, Judge Pratt granted the application of Messrs. Schlegel, Henderson and Musslewhite to constitute the new plaintiffs' management committee. In granting the motion, Judge Pratt stated that the new committee was "charged with knowledge of the responsibilities and burdens that they will be undertaking, and also of the time schedule for remaining discovery and trials, if necessary, as they have been worked out with the special master, and in some respects approved by the court." I_d. at 3. Finally, permitting current plaintiffs' counsel to disassociate themselves from the past representations of others within their ranks would establish a dangerous precedent. It would open up for review virtually all decisions arrived at to date by the Special Master and the Court merely because current counsel's judgment on the handling of those matters differs from their predecessors. There can be no doubt that this would wreak havoc on the already tight time frame available for pretrial pre paration. In sum, plaintiffs have waived their right to appeal from the Special Master's ruling striking 2,4-D from this case with prejudice. -is- 11838 There are hundreds of thousands of pages of documents pertaining to 2,4-D in the EPA's files alone. Relying on plaintiffs' representations and the Special Master's ruling, the government has not searched its repositories for documents relating to 2,4-D. Moreover, defendants such as Dow, who have manufactured and sold 2,4-D since the 1940's up to the present date, have hundreds of thousands of pages of documents which would apparently be responsive to discovery demands relating to 2,4-D and which have not been produced. Requiring defendants at this stage of the litigation to begin the costly and burdensome pro cess of reviewing these documents to determine whether production to plaintiffs is appropriate would thwart the Court's efforts to complete all discovery in time for the May 1, 1984 trial date. Additionally, the 2,4-D issue has not been the subject of examination in the approximately 225 depositions taken to date in the litigation. If plaintiffs' motion is granted, many, if not all, of these depositions, would have to be reopened and new depositions would have to be scheduled. To prepare adequately for the May trial date set by the Court, plaintiffs and defendants must now complete discovery on all issues-- the government contract defense, liability and causation-- within the next five months. Defendants continue to maintain that the remaining discovery on dioxin and 2,4,5-T is monumental. Interjecting issues related to 2,4-D at this late -20- 1183? date, and the attendant discovery entailed by it, would exacer bate the heavy burden already confronting the defendants and the Court, and would seriously prejudice defendants' ability to pre pare adequately the defense of this lawsuit.* * Defendants question whether the Court's decision to now focus on the specific facts of a selected number of cases in May is causing plaintiffs to reflect on the adequacy of their proof and their ability to prepare for trial by May of 1984. It is note worthy that after spending four years claiming that the TCDD in 2,4,5-T was responsible for plaintiffs' injuries, plaintiffs now seek to expand discovery to include not only 2,4-D, but apparently may seek to expand discovery to other dioxins and furans as well. See Letter of Thomas Henderson to Hon. Jack B. Weinstein, dated November 23, 1983 (Exhibit "L"). The introduc tion of these issues can only serve to open previously unexplored areas of discovery, thereby precluding a May trial date. The Court should not countenance these efforts to resurrect old issues or interject new issues at this late stage of the pro ceedings. -21- 11838 CONCLUSION Plaintiffs' motion to include 2,4-D in this case should be denied in its entirety Dated: Garden City, New York December 8, 1983 Respectfully submitted, RIVKIN, LEFF, SHERMAN & RADLER Attorneys for Defendant The Dow Chemical Company (A Member or the Firm) 100 Garden City Plaza Garden City, New York 11530 (516) 746-7500 KELLEY, DRYE & WARREN Attorneys for Defendant Hercules Inc. (A Member of the Firm) 101 Park Avenue New York, New York 10178 (212) 808-7800 CLARK, GAGLIARDI & MILLER Attorneys for Defendant TH Agriculture & Nutrition Co. raemoer or tne alrraj Inns of the Court 99 Court Street White Plains, New York 10601 (914) 946-8900 11839 -22- BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM Attorneys for Defendant Thompson Chemicals Corporation 33 Washington Street Newark, New Jersey 07102 (201) 622-7400 ARTHUR, DRY & KALISH, P.C. Attorneys for Defendant Uniroyal, Inc. By: (g) (A Member of tneTirm) 1230 Avenue of the Americas New York, New York 10020 (212) 841-9300 -23- 11840 1 27 2 MR, RIVKIN: My approach will be as I said 3 before, there 1s ample legal authority to keep 4 the United States of America 1n the case, and that 5 they should be accountable. In doing this, however, I must touch'on- - 6 7 the legal theories, why we claim there 1s ample legal authority. 8 9 I think 1t really approaches three main 10 contentions, and I'll try to capsullze them 11 without giving the citations and quotes with one 12 exception. 13 Number one, I attack and condemn Stencel 14 and Feres head on as a case that would apply to the 15 massive amount of claims we have before Your 16 Honor, 17 I do not believe Stencel or Feres were 18 Intended by any of the Justices sitting, to 19 apply to the numbers of the plaintiffs you have before you,. 20 .THE COURT: You are saying 1n effect 21 22 Just because of the volume, the seriousness of the. claims that are Involved here, different 23 24 principles should apply? 25 MR. RIVKIN: Yes, sir. - ^_ 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF NEW YORK 3 4 In re: 5 "AGENT ORANGE" X MDL No. 381 6 Product Liability Litigation 7 X 8 g United States Courthouse Westbury, Long Island 10 New York ii 12 13 14 15 16 17 BEFORE: 18 19 20 21 22 23 24 25 April 24, 1980 9:15 o'clock A.M. HONORABLE GEORGE C. PRATT, U.S.D.J. RAYMOND P. STALKER Court Reporter I84 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF NEW YORK 3 4 In re : 5 "AGENT ORANGE" X MDL No. 381 6 Product Liability Litigation 7X 8 United States Courthouse 9 Uniondale, Long Island New York 10 Apri16,1983 11 2:U0 o'clock P.M. 12 13 14 15 16 B E F O R E : 17 HONORABLE GEORGE C. PRATT, U.S.C.J. 18 19 20 21 22 HENRY SHAPIRO HARRY RAPAPORT 23 GENE RUDOLPH JOSEPH BARBELLA 24 Official Court Reporters 25 EASTERN DISTRICT COURT REPORTERS iiNrrtn c-r*rccnicroti-rmn-r ___ 3986 1 2 That was the only reason we did not support the 3 original application. > I believe there are very few trial lawyers that 5 would ever acknowledge that they are ever fully 6 prepared, and I understand that. I do not think 7 anybody goes to trial at best, more than 90 percent 8 prepared. 9 We were willing to go to trial 70 percent pre 10 pared if we could have it before a judge that's been 11 with the case for four years in June. 12 Now that we find out that that is not an alter 13 native, we would support the application, and at no 14 time did we have any other feelings to the contrary, 15 that is, discovery is nowhere near complete based on 16 what we believe is out there. 17 Thank you. 18 THE COURT: Mr. Yannacone? 19 MR. YANNACONE: Your Honor, the arguments you 20 have heard and read are routed, we believe, in a 21 misperception of the Government contractor immunity 22 defense as enunciated by you originally and as affirmed 23 by a number of your fellow judges throughout the United 24 States more recently. 11 R & 4 25 What are the real elements of this trial on which 3387 1 2 discovery must proceed? 3 What was it the Government wanted and needed? 4 There is already ample evidence in the record 5 dealing with matters that occurred in 1962, meetings 6 between the Government and the chemical companies, 7 describing the kind of herbicide they- wanted to 8 deploy as a chemical defoliant in Vietnam. ! i1 ! 9 What did the Government ask for, the specifications 10 in the contracts? This is entirely documentary and iI n the record is repleat with those documents. 12 What did the Government actually buy? Only the 13 defendants can tell us, because only they analyzed it. 14 What did the defendant chemical companies actually 15 sell to the Government? Only the chemical companies 16 can tell us. 17 Was the 2,4,5,T that was a component of all the 18 herbicide rainbow that we know about in Vietman and 19 as long as it contains 2,5,T we are including under 20 the phrase 'Agent Orange," was it contaminated with 21 2,3,7,A,T,C,D,D, tetrachloro dibenzo dioxin. 22 Did the Government know this? Or did the chemical 23 companies know this? Only the chemical companies can 24 II tell us what they knew. Did the defendants ever tell 25 the Department of Defense, the United States Department CA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In. Re "AGENT ORANGE" Product Liability Litigation MDL No. 381 (All Cases) X PLAINTIFFS' SECOND SUPPLEMENTAL MEMORANDUM ON CLASS DEFINITION AND SUPPLEMENTAL MEMORANDUM ON' GENERIC CAUSATION IrvS ng Like, Chairman, Law Committee Thomas W. Henderson, Chairman, Generic Causation Committee V Albert J. i^iorella, Chairman, Management Committee Dated: September 12, 1983 31.SEP 19 1983 f UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In, Re "AGENT ORANGE" Product Liability Litigation MDL No. 381 (All Cases) X PLAINTIFFS' SECOND SUPPLEMENTAL MEMORANDUM ON CLASS DEFINITION AND SUPPLEMENTAL MEMORANDUM ON GENERIC CAUSATION______ Introduction At the prehearing conference of September 1, 1983, Special Master Schreiber directed plaintiffs' counsel to define the members of plaintiffs' class for purposes of class notice, having earlier requested a further elucidation of Generic Causation following the submission of Plaintiffs' Memorandum dated June 6, 1983. Plaintiffs have addressed the question of class definition in their prior submissions, e.g. "Plaintiffs' Memorandum Setting Forth Class of Identification of Agent Orange Victim Class Members" dated August 31, 1983; "Plaintiffs' Supplemental Memorandum Supporting Class Certification" dated December 30, 1982; "Plaintiffs' Supplemental Memorandum on Class Definition and Deferred Class Notice" dated March 14, 1983; Plaintiffs' Memorandum on the Relation of Class Certification to Liability and Damages Issues" dated June 15, 1983, and "Plaintiffs' Supplemental Memorandum Concerning Class Action Status." 11847 Definition of Plaintiffs' Class This part of the Memorandum is intended to define the plaintiffs' class in a very broad manner so that the outcome of this litigation will be t dispositive as to all present and potential claimants. At this time, plaintiffs submit that the class include those whose injuries fall within particular Agent Orange profiles, which are believed to be associated with their exposure to dioxin contaminated phenoxy herbicides (including Agent Orange), supplied by the defendants to the military while serving in South East Asia during the Vietnam War. (As to the word "associated", please see Generic Causation portion of this Memorandum.) Those profiles will include the entire spectrum of adverse health effects, a partial list of which is set forth in the Interrogatories propounded to defendants on September 9, 1983, specifically /M8, and is attached hereto as Exhibit "A". In defining the class broadly, flexibility is retained by the Court to redefine the class, based at least in part on those adverse health effects that may be established in the generic causation trial, that is, those associated with exposure to dioxin contaminated phenoxy herbicides. In its Pretrial Order No. 26 dated December 29, 1980, the Court broadly defined the members of the class: "Here, the plaintiff class can be readily identified; they are persons who claim injury from exposure to Agent Orange and their spouses, children and parents who claim direct or derivative injury therefrom. The Court has intentionally defined the class in broad terms consistent with the demands of this litigation. If we begin with the broadest possible class, the issues common to all members of that class can be resolved. It may later prove advantageous to create subclasses for various purposes, e.g., for resolving statute of limitations claims, 1HC i-JLCi -2- 1 for determining liability in 'negligence' as opposed to 'product liability' states, and finally, perhaps, for preserving the class action format prior to remand to the transferor judges so as to provide them with the greatest possible flexibility in 1 ultimately determining the issues remaining i after multi-district treatment has ended." (P. 5) , Plaintiffs propose that this definition should be expanded to also include Australian and New Zealander servicemen and civilians such as employees of government contractor and non-military relief organizations such as the American Red Cross, who were also injured as the result of exposure to defendants' contaminated herbicides in South East Asia. * In the language just quoted, the Court has listed several obvious benefits deriving from the flexibility of a broad class definition. For at least three reasons, plaintiffs agree that flexibility is a proper goal and believe that, with the definition now submitted, such flexibility is retained.* Other advantages are present. For example, the obvious one is that a broad definition avoids under-inclusion of injured claimants. Specifically, such definition permits the proper inclusion in the class of those whose injuries and diseases, i.e. adverse effects, are found to be associated with dioxin exposure in the trial on generic causation. In a pragmatic sense, it will be infinitely easier to redefine the class from the broad to the narrow, rather than the converse. Finally, notice to a broadly defined class is preferable if the Court should later determine that (b)(1)(B) treatment is appropriate, based upon whether the defendants' "limited asset fund" can be established. \ -3- In rejecting 23(b)(1)(B) class treatment as premature in its Order of December 29, 1980, the Court stated: "However large the potential damages may appear here, plaintiffs offer no evidence of the likely insolvency of defendants and apparently do not, in defendant Dow's words, 'have the temerity to argue that the aggregate claims of the purported class exceed the total assets of the five named defendants." When the broad definition of the class was established by the Court in its Pretrial Order No. 26 dated December 29, 1980, this litigation was in its infancy. The case, with all its attendant publicity, has now resulted in more than 15,000 claims filed or transferred to this Court / which include American, Australian and New Zealander servicemen and civilians who served or were otherwise present and were exposed to dioxin contaminated phenoxy herbicides in South East Asia during the Vietnam War. These claimants comprise a partial, although not insignificant portion of the class. Indeed, a common pattern of injuries and diseases, i.e., the so-called "Agent Orange profiles" has emerged from the more than 15,000 claims. In this context, notice to a broadly defined class is essential in determining the maximum aggregate financial exposure of the defendants because such notice will enable the Court to determine the maximum number and distribution of any injury and disease claims. The Agent Orange injury and disease profiles will aid materially in this regard as well. The number and distribution of such claims when determined and multiplied by their probable verdict or settlement values will yield the aggregate financial exposures of defendants. Assuming liability is established, the Court can determine if plaintiffs qualify for such a "limited asset fund" (b)(1)(B) class. -4- Therefore, such a broadly defined class is preferable not only within the context of (b)(3) class treatment, but to facilitate the use of a (b)(1) class in combination with or as an alternative to a (b)(3) class. Plaintiffs therefore believe that the Court's definition of the class as set forth in its Pretrial Order of December 29, 1980 is proper and urge that the plan of class identification and notice combining direct Eisen type notice and constructive notice utilizing the media offers the most reasonable and practical means of implementing class notification. ,Generic Causation The issue of generic causation in the form of dioxin-associated injury and disease and how it is to be handled in the context of the trial is obviously a crucial one. In this light, the following is submitted. As noted in Plaintiffs' Memorandum dated June 6, 1983, in order to preserve and foster further the aspect of commonality, generic causation perforce must be defined broadly. The question which should be presented to the jury is simply: Could dioxin have caused the plaintiffs' injuries? or Is dioxin capable of causing plaintiffs' injuries? The question, in either form however, has two components. The first such component is exposure of the veterans to dioxin - whether by inhalation, ingestion, or external absorption. It is essential to note at this point that any level of dioxin contamination of any phenoxy herbicide manufactured and sold by any defendants can cause one or more of the injuries or diseases from which the veterans suffer. Contrary to any 1,331. -5- assertion which has been made or might be made by any defendant in this regard, the basic scientific fact is there is no safe level of dioxin. Indeed, no safe level has or can be established at this time for any substance which can cause carcinogenic and/or genetic effects and/or other chronic manifestations. The scientific evidence in respect of all this to be presented on behalf of the plaintiffs will be quite clear. The second such component is the effect of the provable exposure to dioxin by the veterans. More precisely, the entire spectrum of harmful effects (Exhibit "A") will require substantial medical evidence. The evidence establishing exposure and adverse effects, coupled with such positive associations -resulting from toxicological and/or epidemiological studies, demonstrates therefore the quintessential character of "Generic Causation" association in the specific area of dioxin-related injury. After much study of dioxin and its multitude of adverse health effects, it has been clearly established that dioxin-related injury is a cumulative process, i.e. the higher the level and/or the longer a veteran was exposed, the earlier and/or greater the chances of the manifestation of adverse health effects. However, as noted above, any level of dioxin is potentially harmful; higher levels result in a higher probability of harm. That is to say, since dioxin contamination to which a veteran was exposed may be harmful to human health, all of the plienoxy herbicides manufactured and sold by any of the defendants are responsible in some undefined part. This, therefore, triggers the concept of joint and several liability of all of the defendants who manufactured and sold phenoxy herbicides, including Agent Orange, to the United States for use in Vietnam during the period 1962-1971. -6- Jt... ^ -J 'J-v 48. State whether you knew health hazards, physical d'isor<b-i:., injuries, irritations or diseases were.associated with exposure to, m use of, phenoxv herbicides, including but limited to the industrial synthesis (during and after) of 2, 4, 5-T. If your answer is affirmative, .state or identify: (a) the date you acquired such knowledge; (b) the manner in which you gained such knowledge; (c) the type of health hazards, physical disorders, injuries, irritations or diseases, including but not limited to: chloracr.e; porphyria cutanea tarda; hyperpigmentation; hyperkeratosis; hirsutism; asthenia; weakness in lower extremities; less of strength; easy fatigability; fatigue; headaches; peripheral neuropathy; polynoeicp.ithy intole.rance to cold; other^neurological deficits; irritation to eyes; impairment of sight; impairment of hearing; impairment of smell; imp.i irr.nuit of taste; loss of weight; loss of appetite.; anorexia; loss of sexual drive; sleep disturbances; orthostatic hypotension; abdominal pain; nausea; vomiting; diarrhea; other gastrointestinal disorders; neurjstlnia; depression; violent behavior; other psychohehavioral disorders; r..yor.,nd ia1 infarction; atherosclerosis; other cardiovascular disorders; liver damage; pancreatic dysfunction; kidney disorders; urinary tract disord<-rs; pulmonary pathologies; other respiratory disorders; fat metabolism disorders; carbohydrate metabolism disorders; cholangiocarcinoma; other liver cancers; kidney cancer; bladder cancer; pancreatic cancer; colon cancer; stomach cancer; other gastrointestinal cancers; lung cancer; fibrosarcoma; leiomyosarcoma; liposarcoma; rhabomyosarcoma; nyofibros.n coma; neurofibrosarcoma; fibrous histiocytoma; retroperitoneal neurogenic sarcoma; fibrosarcomatous mesothelioma; other soft-tissue sarcomas; leukemia; angiosarcoma; other blood cancers; hepatoma; lymphoma; squamous cell carcinoma of skin; other skin cancers; thyroid cancer; other glandular cancers; cancer of tongue; cancer of hard palate; other cancers of mouth; and (d) all documents and communications which refer, reflect, relate to, or embody the information sought by this interrogatory. EXHIBIT "A" -56- 113 53 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF NEW YORK 3X 4 1' Tn ri ! 5 "AGENT ORANGE" MDl No. 381 6 Product Liability Litigation. "7/ X 8 9 United States Courthouse Uniondale, Long Island, New York 10 Held at : n 12 Townley & Updike, Esqs. Chrysler Building 13 New York, New York 14 September 16, 1982 9:30 o1clock A.M. 1 18 17 18 HONORABLE SOL SCHREIBER, Special Master 19 20 21 22 HARRY RAPAPORT Official Court Reporter 23 *L1 r V ?! , ,<i 24 25 I- SEP 3 0 1982 1 1844 Is Mr. Yannacone's letter being passed on to 2 Judge Pratt in the form of an appeal? 3 4 SPECIAL MASTER: No, it is not. 5 It is in th.e matter of a motion directed to a ruling of mine that if my ruling is affirmed 6 7 by the Judge then it becomes a viable motion letter. If it is not affirmed, then it may -- 3 9 then I assume any documents in this case finds 10 arestingplace. MS. FELDHEIM: Then the Judge will decide 11 the motion before it by the papers from CBS and 12 the defendants? 13 14 SPECIAL MASTER: Yes, I assume so, and any other papers that he has. 15 MS. FE.LDHEIM: Right. 16 SPECIAL MASTER:I would like to begin 17 our discussion on the outstanding discovery 18 matters to take up an issue that is before me 19 and which counsel have attempted to resolve 20 the matter by a series of meetings and compromises, 21 I trust, and that is the EPA matter. 22 As I understand it, defendants have 23 made various requests for matters which rest with 24 the EPA. This agency, and I assume any other 25 1 1845 agencies have often accepted document with some 2 form of confidentiality, and also various privacy 3 4 issuesarise. 5 The Government has suggested a route which would, permit them to issue these documents ':8 7 or the documents requested to a very limited group of attorneys seeking -- and i assume that 8 is the direction of the pretrial order or the 9 '10 stipulated order being sought. It will be of a limited exposure I would 11 guess only to counsel and not to the parties. 12 And it would, preliminary to disclosure set 13 up a procedure whereby those who are not parties 14 to the case, although there may.be some question 15 as to those who are parties, those who re 16 not parties to the case will be given advance 17 notice that some of their documents would be 18 revealed subject to this order of the Court. 19 And if they have any objection they 20 would have to move expeditiously before Judge 21 Pratt or this Court. 22 I would assume it would have to be before 23 Judge Pratt, unless the order indicated that the 24 matters are to be taken before the Special Master. 25 V. , 1 1846 r 2 MR. TYRRELL: Special Master, I would suggest, and I don't want to cut off Mr. Maskin 3 . 4 if he wants to go first, but I think 1t might . '5 be very helpful to your thinking on this if we took a few minutes -- 6 7 SPECIAL MASTER: We took what? MR. TYRRELL: If we took a few minutes 8 9 to review in a little bit m.ore detail what you 10 have just set forth as to what is in issue 11 with respect to the EPA documents and what we 12 have already agreed to. 13 SPECIAL MASTER: I would be happy to. 14 MR.- TYRRELL: Because we have succeeded in not .resol ving the whole matter, but in 15 i * resolving some of the narrow issues. 16 -SPECIAL MASTER: Why don't-you give us the 17 background of it, too, so the record can be 18 19 complete?' MR. TYRRELL: All right. 20 I think we should start off by saying 21 from the representations that the Government has 22 made thus far, the Environmental Protection 23 Agency has somewhere .in the range of one million 24 responsive documents. That is based on- the 25 - 'l 1! i 1847 1 2 search they hive already done, there are 3 approximately a million documents. 4 SPECIAL MASTER: Responsive to your request? ,5 MR. TYRRELL:' Responsive to the variuus 6 pending discovery requests. 7 SPECIAL MASTER: Has anyone raised, in issue 8 as to the relevancy of the requests? 9 MR. TYRRELL: There is no dispute in that 10 area, no. 11 SPECIAL MASTER: This is something we have to 12 examine when we talk about Hoffman. 13 If the Government receives a request 14 and makes a decision that documents are relevant 15 to the request, and then forward in some privilege. 18 or-wtthirT some confidentiality, we have already '17 gotten over a substantial area or hurdles. -18 MR. TYRRELL: We don't have that problem. 19 MR. YANNACONE: Excuse me. We do have' that 20 problem. SPECIAL MASTER: Mr. Yannacone, you will 21 22 be given sufficienttime to respond. I want 23 to hear from Mr. Tyrrell. 24 .MR. TYRRELL: I do ask first one 25 indulgence. This is a fairly long story, longer ,, i i 1848 i 2 than I would like it to be,, but you have to understand each of the elements to understand 3 4 where w.e. are now. l 5 The Government did its homework apparently and pulled these documents together and then 8 came up w.ith the-problem that there are a complex 7 of statutes and- regulations which prohibit 8 disclosing these documents except under certain 9 conditions and terms. 10 Government's counsel in consultation with the 11 EPA submitted protective orders that your Honor 12 has seen. That was designed primarily to do in 13 my judgment one thing, and that was to make it 14 clear by court order' that the submission of these 15 documents was for purposes of this litigation, 16 not public and furthermore that it was in 17 conformity with the statutes and the regulations 18 that the EPA had to comply with. 19 The problem that that order created for 20 defendants and the reason why we began this whole 21 process of both dialogue and submission of papers 22 is that the Government took a broad brush approach. 23 They basically said all the defendants in the 24 case have to waive all rights that we.have under 25 11859 1 1876 SPECIAL MASTER: Let's go back on the 2 record. 3 4 Let's see if we can resolve- th-is i without tao much more- time and effort. 5 As I understand the requests ofthe 7 defendants, they would like to have their own files examined in order that they may select a those documents in their own files at the EPA 9 which are super sensitive and in effect to be 10 able to so identify them. Is that correct? 11 MS. FELDHEIM: Yes . 12 MR. TYRRELL: Yes. 13 SPECIAL MASTER: I will ask Government's 14 counsel to contact EPA immediately and to see 15 whether in- the context of what was requested 16 I assume the matters which were requested deal 17 with the issue under dispute and don't deal with 13 a million other problems. If that can be arranged, 19 and that should in no way affect the proprietary 20 interest of other companies, in fact the order 21 should provide that these other companies would 22 have a right to go through their own files 23 if they are already segregated. I am not talking 24 about unsegregated files, only segregated files, 25 1877 1 2 and marked as super sensitive. 3 Are there many other companies involved, 4 Mr. Mas kin? Could you find out? 5 MR. MASKIN: I could- find out. It is my impression th.at there are many active registrants. 9 7- Granted most of them happen to be involved with the p'eople around this table, but there are many 8 9 other regi strants. 10 SPECIAL MASTER: Is it possible to identify 11 who these people are before we have the actual 12 review? 13 Wouldn't it make more sense to identify 14 them? You have to give notice to everyone who has in effect submitted documents which might 15 16 be revealed in order to make sure that you don't 17 step out of line. 18 So, therefore, you have to make a list of those people. 19 MR. MASKIN: To the extent that we can, 20 we will provide individual notice and also try 21 for pub!i cati on. 22 SPECIAL MASTER: But if the number involved 23 is not very large, why can't they in effect be 24 told that such a protective order is being designed 25 '1883 1 2 MR.. PAKULA: I didn't get to my point'. SPECIAL MA.STER: I know that, but. what. 3 4 are you looking for? ^ 1^ v f v r ' t . . n- . i. . . . 5 fli\ l l ( \J \L U k . U W J U U w a i l U IIIC - W w U l l d Y f C l l that? 6 SPECIAL5MASTER: Yes. I am serious.. 7 -MR. TYRRELL: What these registration 8 applications contain are the state, of the art 9 on what the people: knew about the product 10 at the time and what they told the Government 11 about it 'so the Government can approve or disapprove 12 it as a registered product. 13 SPECIAL MASTER:' Registration statements 14 on speci'fic products? 15 MS. FELDHEIM: Yes. 18 MR. TYRRELL: And all the. backup reports 17 that came with it, the studies and toxicity reports. 18 SPECIAL MASTER: How many companies were 19 involved in this product then? 20 MS. FELDHEIM: Whoever registered it over 21 the time. 22 SPECIAL MASTER: You must know that. 23 MR. MASKIN: There are approximately 400 24 active registrants for 2,4,5-T; 1,600 to? 1,700 1186225 I V 1884 2 for 2,4-D. Each product's registrati.on files 3 contains from one to several hu.ndred documents. 4 The index to half.pf the data submitted '5 in .support of 2,4-0 registrations- is 8CG pages alone. That's the index alone'. 6 * SPECIAL MASTER: And all this involves 7 Dioxi n,-too? 8 MR. MASKIN: No. I am just talking about 9 2,4-,5.-T and 2,4-0. 10 SPECIAL MASTER: Let me ask defense 11 counsel, why would any document that fails to 12 discuss Dioxin be relevant? 13 MS-. FELDHEIM: TJie registration material 14 may also suggest ways to use it or precautions 15 to be u-sed, et cetera. 16 SPECIAL MASTER: No, counsel. That is not 17 sufficient to me. I can understand the defendants' 18 desire to know about products which involve 19 the ingredients in connection with or in 20 conjunction with Dioxin. 21 MR. TYRRELL: Hat's just the point, your 22 Honor. The Government doesn't want to go through 23 all these documents, to look for Dioxin and segregate 24 them. 25 1 1885 2 What we- have done and ju.st hear me a 3 second -- 4 SPECIAL MASTER: Walt. I will not . ,5 let the Government say that they have a million, v* documents that they don't want.to go. through,, 8 7 and you people go through it. The Government has done discovery that in 8 9 their minds don't make sense, and they are not a. party fortunately or unfortunately to the 10 11 case. It seems to me that if you want documents 12 13 from EPA dealings with 2,4,5 -- give me the 14 formula. MR. YANNACONE: 2,4,5-T and 2,4-0. IS (continued on following page.) 18 17 18 19 20 21 22 23 24 25 11864 1886 71 2 SPECIAL MASTER: Yes, 2,4,51 an.d 2,40, 3 that makes any refere-nce to Dioxin, you will 4 have it period. 15 MS. FELDHEIM: I don't think we can. be so limited because I don't understand the 6 7 complaint alleging that Dioxin is the only injury or the only cause for injury. 3 9 I believe plaintiffs are claiming all 10 phenoxy herbicides caused the injuries. MR. YANNACONE: Marge', read the complaint. 11 12 It spells it out. 13 SPECIAL MASTER: Let's get it on -the record. 14 Are you saying any phenoxy herbicide that did not have Dioxin in it is still a viable issue? 15 Put aside whether it is in some other case. 16 But I was under the assumption that the plaintiffs' 17 case.dealt with phenoxy herbicide that included 1S 19 Dioxin. MR. YANNACONE: Phenoxy herbicides -- the 2a words of the complaint consistent throughout every 21 amended complaint are phenoxy herbicide -- 22 phenoxyacetic herbicides contaminated with 23 polychlorinated dibenzo P-dioxins PCDD's 24 or PCDF's. 11865 25 1887 1 SPECIAL MASTER: So it is phenoxy herbicides 2 3 wi'th Dioxin; isn't that right? MR. YANNACONE: Yes. 4 oArcuMi nuI nMnjAiWcArtA; id bl nI, .aul jrtti ui uus4 MR. YANNACONE: Yes: 0 7 The complaint speaks for itself. SPECIAL MASTER: We have made some movement. 8 9 MS. FELDHEIM: Does that mean Agent White which does not have T in it is not part of your 10 complaint? 11 MR. YANNACONE: We don't know whether or not 12 D is contaminated yet. 13 MS. FELDHEIM: That's the answer, your Honor. 14 If we don't know we have to produce this document. 15 MR. YANNACONE: D is contaminated. 16 SPECIAL MASTER: Is that Agent White? 17 MR. .YANNACONE: No. Agent White, which is made 18 so'leTy by Dow, a product called tordon is 19 a mixture of its compound Pychloram, which is 20 proprietary and a common product called 21 2,4D, which is a phenoxy herbicide. 22 SPECIAL MASTER: Counsel, you don't know 23 at this point whether Agent White is involved 24 in your alleged claims? 25 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------- X In re: "AGENT ORANGE" Product Liability Litigation X MDL No. 381 Townley & Updike, Esqs.. Chrysler Building New York, New York November 2, 1982 9:30 o 'clock A.M. / V Before: HONORABLE SOL SCHREIBER, Special Master SHELDON SILVERMAN GENE RUDOLPH HARRY RAPAPORT OFFICIAL COURT REPORTERS EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 852-7103 CO 11887 1 objection to striking with prejudice, I 'll ask the 2 plaintiffs. 3 Mr. Yannacone, unfortunately, is ill today but 4 he has a colleague here. 5 MR. FIORELLA: Might I just for the moment yield 6 to Mr. Taylor and then I do have observations and 7 comments that I want to make since Mr. Taylor has 8 raised that issue with us as well as with you? 9 THE SPECIAL MASTER: Yes, and I do have a tran 10 script of Mr. Yannacone's position on it, the October 11 22nd proceeding -- I'm sorry, it's even longer than 12 that, September 16th hearing. Time does fly. 13 I gained the impression, counsel, from'that that 14 Mr. Yannacone was of the opinion 2,4 D was not part 15 of the case. 16 MR. FIORELLA: Judge, of course, when Mr. Yannacone 17 speaks, he is speaking for Yannacone and Associates 18 which is our group. In conjunction therewith, it 19 is our position at this moment we have no credible 20 evidence that 2,4 D -- presently have no credible 21 evidence that 2,4 D is implicated in the complaints 22 of our class of veterans. We understand that there 23 are one or two Canadian studies which have been release 24 which tangentially make some reference to 2,4 D as 25 having in some manner been contaminated and giving 11868EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN, NEW YORK I120I UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X * In re : "AGENT ORANGE" : MDL No. 381 Product Liability Litigation : X 2772 Townley & Updike 405 Lexington Avenue New York, N.Y., 10017 January 24, 1983 2:10 O'clock P.M. BEFORE: HONORABLE SOL SCHREIBER, Special Master. JOSEPH BARBELLA SHELDON SILVERMAN OFFICIAL COURT REPORTERS EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST M f t n r i Y M KITM/ v n o v irvit 2791 1 on condition that your Honor enters the order of 2,4D 2 that we have talked about. And number two, I have 3 just let a lot of people know that I am just about at ,4 the finish of the production of my documents. I think \ 5 I have another 30,000 that aire out this week. I don't 6 want to deceive anyone. We don't have any 2,4D -- 7 THE SPECIAL MASTER: Counsel, I have directed 8 nobody, EPA or anyone else to produce 2,4D documents 9 as I do not see it being relevant to the issues. 10 MR. RIVKIN: Right. 11 THE SPECIAL MASTER: And having received no 12 objection, it is the order of the Court -- I would 13 prefer to make it as a formal written order. But if 14 you want an order of the Court as it now stands, this 15 transcript will serve as an order of the Court based 16 upon the representations of the respective parties 17 and the Government's representation that to deal with 18 the 2,4D, when neither the Plaintiffs nor -- the 19 Plaintiffs do not contend that it's material to the 20 issues, would be burdensomeness and a waste of 21 effort and expense. So, therefore, I have directed 22 that the Government is not to deal with the 2,4D 23 documents. And I have also indicated that the issue 24 is not within the case for dispute. Jf o 25 MR. RIVKIN: I just had to protect myself. EASTERN DISTRICT COURT REPORTERS UNITED STATES D IS T E irr r ra iiT 2792 1 THE SPECIAL MASTER: You are protected, counsel. 2 You are as protected as anybody can be in the 3 circumstances. 4 MR. RIVKIN: All right. '5 THE SPECIAL MASTER: Off the record. 6 (Discussion held off the record.) 7 THE SPECIAL MASTER: I will tell you that I am 8 now trying to get the national security and executive 9 privilege matter released by Friday or at the very 10 .latest by next Monday or Tuesday. And then of course 11 the objections from the respective parties, if there 12 be, will be set in order under the guidelines that 13 the Judge set up. 14 Does anybody remember -- off the record, or on 15 the record -- what the objections to the Master's 16 recommended order -- how much time is required. 17 MR. RIVKIN: Ten days from the time you order and 18 expedite a transcript. I think ten days. 19 MR. GORDON: Five days to indicate a notice of 20 objection and 15 to submit papers. 21 THE SPECIAL MASTER: I am convinced that somebody 22 is going to object. 23 MS. MINTZER: As to the EPA documents, it-is 24 my understanding that if the schedule layed out in 25 that order was not going to be followed we will get a 11871EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT. OF NEW YORK 2 3X 4 In re : : -; 5 "AGE.NT ORANGE" : MDL No. 381 Product Liability Litigation : 7X 8 9 10 11 12 13 14 15 16 17 B E F O R E : 18 19 20 21 22 23 24 25 United States Courthouse Uniondale, Long Island New. York February 1, 1983 9:15 o'clock A.M. HONORABLE' SOL SCHREIBER, Special Master V HARRY RAPAPDRT JOSEPH BARBELLA SHELDON' SILVERMAN Official Court Reporters 11872 EASTERN DISTRICT COURT REPORTERS ^ FEB 1 8 ^ 8 3 UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST 2860 1 Pratt and not appealable to. the Second Circuit/ as 2 such, but I haven't been under the impression the 3 plaintiffs were considering an appeal -- 4 MR, YANNACONE: W e 're not. I thought the '5 decision was made, put to rest. 6 M R ,RIVKIN: Maybe we agree on something 7 finally, but I would like to -- 8 SPECIAL MASTER: .Dan.'it hold out. 9 MR, RIVKIN: I would like to put it to rest. 10 I'm sorry, I have so many loose ends as we get closer 11 to pre-trial order; also, for the amount of documents 12 there -- 13 SPECIAL MASTER: Yes. 14 MR, RIVKIN: Do I understand, sir, that the 15 Special Master has ordered 2, 4d out of the case with 16 prejudice and that that order is on the record now 17 and that if there's going to be any appeal by the 18 plaintiffs or by any defendants our time starts running 19 when? 20 MR. YANNACONE: Long since past. MR, RIVKIN: Is it over? I just have to know. I 21 22 don't know where I am. 23 SPECIAL MASTER; Let me see if we can do it this 24 way. I have ruled that 2, 4d, in view of the agreement 25 of counsel, I think, that it has no role to play in 11873EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 2861 1' this case, on the basis of the objection of the 2 government that to.- make a production of 2, 4d would 3 be overly burdensome with possibly millions of 4 documents and hearing no objection from either side, 5 I have recommended that 2, 4d be discovery and the 6 issue be stricken from the complaint and from the 7 discovery. 8 Does either side object to that? If either 9 side objects I will put it in writing so you can go 10 on appeal. If neither side objects that's my ruling. 11 MR. RIVKIN: I on behalf of Dow have no 12 objection. I assume that's with prejudice, that's 13 all I'm concerned about. 14 SPECIAL MASTER: Yes, it's stricken, no longer 15 part of the case. 16 MR, YANNACONE: That was two months ago. 17 SPECIAL MASTER: What is your position? 18 MR. YANNACONE: We took no appeal, no position. 19 It's done. 20 MR, RIVKIN: Thank you, Judge. 21 22 (Continued on next page.) 23 24 25 11874 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 22S CADMAN PLAZA EAST V.' U S. Department ofJustice cor Express Mail JAGIWittibf 157-0-107 Washington, D.C. 20530 June 20, 1983 Telephone: (202) 724-6725 NOTICE TO ALL COUNSEL Re: In re "Agent Orange" Product Liability Litigation, MDL No. 381 This notice provides information concerning document dis covery and microfilm production. 1. Documents of Dr. William Barthel. Some time ago. Dr. Barthel sent some unsolicited documents to our office. These include his SF 171 (government job application) and several publications that he had in his files. Due to an error on our part, we neglected to produce these immediately. We now have sent those documents relating to the subject matter of the govern ment contractor defense for microfilming as Batch No. 2038 entitled "Documents from the Personal Files of Dr. Barthel." 2. February 1, 1983 Letter from J. Burke Concerning Agriculture Documents. Mr. Burke made a number of requests deriving from the depositions of present and former USDA employees. With this response, we consider this request closed. a. Dr. Ennis. Dr. Ennis reports that he has no infor mation regarding the Federal Committee on Pest Control. EPA has already produced all known records of the FCPC. The Government currently is following the Special Master's Recommended Order to search for the files of named members of the FCPC during the years 1964 through 1967. b. Dr. Hays. Pursuant to a request, Dr. Hays has pro vided the following address: Mr. William E. McCormick Executive Secretary Society of Toxicology 475 Wolf Ledges Parkway Akron, Ohio 44331 (216) 762-2289 75,118ii JUN 23 1983 f2 Dr. Hays also has provided a list of his scientific publications. We have attached a copy of that list. . Dr. Hays reports that he has no material or notes ini his possession that relate to his work at the Advisory Center on Toxicology. Pursuant to defendants' request, Dr. Hays has provided us with a copy of a report regarding polychlorinated biphenyls. Although this document's subject is outside the scope of government contract defense discovery, we will send one copy to Mr. Yannacone for the plaintiffs and one copy to Mr. Pakula for the defendants to save the parties the step of seeking the document from Dr. Barthel. Because this document is not a government document, we will not produce it on micro film. c. Dr. Shaw. The defendants sought production of all USDA reviews and evaluations of Rachel Carson's Silent Spring. USDA reports that, although the Office of the Adminis trator of ARS received a composite of these comments, that composite was later discarded in accordance with U.S. Department of Agriculture, Science and Education Directive 251.8, entitled Records Disposition. Thus, USDA no longer has these comments available and cannot produce them. Defendants also requested production of a two-year feeding study done by FDA in the early 1960's. In informing us that USDA does not have the documents requested, ARS noted this was a feeding study of 2,4-D. Since 2,4-D is outside the scope of this litigation, the United States will not pursue this request. USDA also reports that any records in its possession regarding the Interdepartmental Committee on Pest Control or its successor organizations were disposed of in accordance with USDA, S&E Directive 251.8. They are no longer available from USDA. See also, Response Regarding Dr. Ennis, supra. Defendants requested production of USDA Farmers Bulletin No. 2183, May 1962 by Drs. Klingman and Shaw. Dr. Shaw has provided a copy for production to the parties. Defendants also requested a volume prepared by Dr. McNamara regarding his toxicological studies. Dr. Shaw states that he discarded this volume years ago. ARS did provide, however, a presentation by Dr. McNamara, entitled "Toxicity of Herbicides in Various Animal Species." We have sent both documents for microfilming as Batch No. 2039, entitled "Documents Provided by Dr. Shaw." O d. Dr. Kearney. Dr. Kearney searched his files, as requested, for any notes from the 1966 "Chemistry of Pesticides" FDA course. He failed to locate any such documents. Dr/ Kearney also has informed us that he does not have any "additional documents on herbicides, Agent Orange or dioxin" as requested by defendants. Dr. Kearney does not maintain a ledger book, as requested by Mr. Matthews, and, therefore, cannot produce one. Defendants requested production of a "green book" which is a report on the herbicide findings from the ARPA/USDA contract. We have located a copy of the green book CR-13-67, dated February 1967. The ARPA report requested by Mr. Matthews consists of the same document. We have sent this document for microfilming as Batch No. 2040, entitled "ARS Report To ARPA." 3. February 25, 1983 Letter from L. Bennett Regarding Dr. Klinqman. Dr. Klingman has provided a copy of his resume and publications list which we have attached. Regarding the other requests made by Mr. Bennett, the agency did not locate any of the requested documents. Dr. Klingman reports that his personal files and the Crop Protection Branch files pertaining to the ARPA Research Project (ARPA Order No. 424) were disposed of in 1972. At that time, all pertinent personnel were reassigned as a result of the reorganization of ARS. Since ARS had submitted the final report to ARPA in 1968, ARS deemed it unnecessary to maintain other documents pertain ing to the research. The United States previously has produced material referring to ARPA Orders 423 and 424 as Batch No. 2004. See, Notice to All Counsel at 2 (April 25, 1983). With this response the United States considers this request closed. 4. DARPA Documents. In our June 3, 1983 Notice to All Counsel, we announced the production of 17 declassified documents from DARPA. We also informed all counsel that DOD was reexami ning an eighteenth document to ensure its proper declassification. DOD has completed its review and has declassified the document. We have sent the document for microfilming as Batch No. 2037, entitled "Eighteenth Declassified DARPA Document (See, Batch No. 2035)." above. Nothing that there were cases opposed to disclosure, the revisers and the Court came down firmly in favor of disclosure: "The amendment resolves this issue in favor of disclosure. Most of the decisions denying discovery, some explicitly, reason from the text of Rule 26 (d) that it permits discovery only of matters which will be admissible in evidence or appear reasonably calculated to lead to such evidence; they avoid consideration of policy, regarding them as foreclosed. See Eisserier v. Manning, supra. Some note also that facts about a defendant's financial status are not discover able as such, prior to judgment with execution unsatisfied, and fear that, if courts hold insurance coverage discoverable, they must extend the principle to other aspects of the defendant's financial status. The cases favoring disclosure rely heavily on the practical significance of insurance of insurance in the decisions lawyers make about settlement and trial preparation. In Clauss v. Danker, 264 F. Supp. 246 (S.D.N.Y. 1967), ' the court held that the rules forbid dis closure but called for an amendment to permit it. Disclosure of insurance coverage will enable counsel for both sides to make the same realistic appraisal of the case, so that settlement and litigation strategy are based on knowledge and not speculation. It will conduce to settlement and avoid protracted litigation in some cases, though in others it may have an opposite effect. The amendment is limited to insurance coverage, which should be distinguished from any other facts concerning defendant's financial status (1) because insurance is an asset created specifically to satisfy the claim; (2) because the insurance company ordinarily controls the litigation; (3) because information about coverage is available only from defendant or his insurer; and (4) because disclosure does not involve a significant invasion of privacy." (42 F.R.D. 498-99). It is significant that the revisers favored the amendment even though the danger, in some instances, was acknowledged that disclosure might protract some litigations. In fact, it is difficult to see how disclosure could have any such effect on this case. With but notable exceptions, the defendants are large, multinational conglomerate corporations with immense assets. One assumes that discovery of these policies will disclose a large deductible, but also an ability to meet an excess judgment far beyond that encountered in the ordinary litigation. On the other hand, one further assumes (at least until discovery shows otherwise), that the defense in this litigation is controlled by the insurance underwriters and it is important in comprehending settlement negotiations, and even litigation questions, to understand the extent of the insurer's commitment. In this case, plaintiffs understand that some insurers have disclaimed I liability under the policy or reserved their right to do so. With initial liabilities so high, too, it may be that policy limits could quickly be exhausted. An understanding of these factors is precisely what the Pule is intended to facilitate 11879 Generally speaking, courts since the adoption of the 1970 amendment have tended to treat the right of discovery as being nearly absolute. Helms v. RichffiondPetersburg Turnpike Auth., 52 F.P..D. 530 (E.D. Pa. 1971) (also ruling that the amendment was constitutional); Grise v . Crownover, 57 F.R.D. 210 (E.D. Tenn. 1971). Discovery has been allowed to determine what charges other than the case at hand have been made against the policy so that some determination may be made concerning the extent to which the policy has been exhausted. Union Carbide Corp. v. Travelers Indemnity Co. , 61 F.R.D. 411*I (W.D. Pa. 1973). On the other hand, broad conclusory statements concerning coverage are clearly insufficient. Ballard v. Alleghenn Airlines, `Inc.f 54 F.R.D. 67 (E.D. Pa 1972). Finally, Deveau v. Mills Transp. Co., 43 F.R.D. 505 (D. Conn. 1967) held, even prior to the 1970 amendment that state law was to be given considerable weight in determining the discoverability of insurance limits. In I this connection, it is to be noted that New York CPLR Section 3101 (f) states: " (f) Contents of an insurance agreement. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered ifc the action or to indemnify or reimburse for payments made to satisfy the judgment. In formation concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purpose of this sub division, an application for insurance shall not be treated as part of an insurance agree ment. " While it may be that the CPLR follows the federal rule since subdivision (f) was included by 1975 amendment, it is nonetheless the fact that the law forum is in agreement with the federal rule and that it should be given great respect in this instance. CONCLUSION The application of the plaintiffs to discover the details of insurance carried by the defendants should have been granted, and the Special Master should be reversed. Dated: September 17, 1982 Respectfully submitted, YANNACONE & ASSOCIATES By: EDWARD F. HAYES, III, ESQ. Abruzzo, Clancy & Hayes 434 New York Avenue Huntington, NY 11743 YANNACCNE t ASSOCIATES P.0. Drawer 109 Patchogue, NY 11772 11881 FLO RIDA MARYLAND NEW YORK PV EIRNGNISNYIAL V A N IA W ASHING TO N, D. C. LAW O FFICES BASKIN a n d SEARS, P. C 10TH FLOOR FRICK BUILDING PITTSBURGH, PENNSYLVANIA 15210 (412) 6 6 2 -0 6 0 0 TELEX: BASKIN W SH 804140 WRITER'S DIRECT DIAL NUMBER 562-8618 MEMBER . IN TER JUR IST, LTD GENEVA, SW ITZERLAND F. November 23, 1983 Honorable Jack B. Weinstein United States District Judge Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 In Re: Agent Orange Product Liability Litigation Dear Judge Weinstein: This submission is made in support of plaintiffs' appeal from rulings of the Special Master dated November 9, 1983 relative to defendants' objections to plaintiffs' interrogatories. As a preliminary matter, it is very difficult, if not simply impossible, to glean from the record any real under standing as to what the rulings themselves were, aside from determining the basis(es) of such rulings. Obj ecti ons to many of the interrog at ori es w ere sus tained by the limi tation of piai n tiffs' inq ui ry to 2, 4, 5-T. That is now, in large part, the subj ec t of a mo tion by plain tiffs to include 2,4-D as part of the case . Th e resolution of th at motion is cru cial in the context of -the neu ro-toxic effec ts of exposure to Agent Orange (both 2, 4-D an d 2, 4, 5-T), s p e d fically proximat e cause Generally, the tra ns cript of the hea ring is at best hopel essly confused, and at worst, in compreh ensible Where even a modicum of cla rity is demons tr ated , reasons for the rulin gs are totally 1acking. (Tr. , P . 7304- 5) . It is there- fore, in the writer's opinio n, unav ai ling to consi der the inter rogatories as mo dified or stri ck en, on anythin g other than on a general bas is. 11 to NOV 291983 Honorable Jack B. Weinstein November 23, 1983 Page Two 9 - ft-. Insofar as the defendants' "General Objection" to the reanalysis and resorting of documents produced in connection with discovery of the "Nuremberg Defense", I submit the following reasons as to the extent answers must be provided in accordance with the interrogatories. First, the "Nuremberg Defense" was limited in time to the last sale of any phenoxy herbicide for use in South Vietnam. The subject interrogatories are not so limited since causation quite properly assumes the inclusion of current, up to the minute scientific data and interpre tation. Second, the discovery in the now seemingly dis credited War Contractors' Immunity Defense was never directed to liability in the real sense, and certainly not to causation in any sense. Third, defendants have taken us down the path on the Nuremberg Defense, and therefore plaintiffs should not be prejudiced by having to review thousands of documents for possible, partial answers to these interrogatories. Fourth, with the incredible resources which defendants have committed, it is inconceivable that defen dants will not be able to supply full and complete answers to these interrogatories immediately. As to the 1970 cut-off, that limitation had to do with the immunity defense. For the reasons stated above, the research continues on the relationship between dioxincontaminated phenoxy herbicides and human health, and relevance not being the standard in any event, the defendants' position must fail. Also, plaintiffs may establish that any post-1970 warning is a possible way of having warned prior thereto in, for example, an inexpensive fashion. Finally, plaintiffs' position in response to defendants' assertions that the only phenoxy herbicide relevant for inquiry is 2, 4, 5-T. and likewise the only isomer of dioxin, 2, 3, 6, 8-TCDD, is unmistakeably misplaced. First, any phenoxy herbicide containing any isomer of dioxin is relevant, or could lead to relevant evidence, since it is the dioxin contamination which is allegedly the cause of many of the plaintiffs' diseases -- both disabilities and deaths. Honorable Jack B. Weinstein November 23, 1983 Page Three Second, the contamination of any phenoxy herbicide manufactured and sold by the defendants is clearlv relevant 'in terms of notice, giving rise to the various duties Includable as part of negligence and/or strict liability. ' Third, 2, 3, 7, .8-TCDD is generally regarded and will likely be conceded, bv the defendants, as the most toxic substance known to man. If therefore plaintiffs can establish the toxicity of some one or more others of the remaining 78 tetra isomers of dioxin and the multitude of hexa and hepta isomers as well, then fortiori, the exquisite notice of the defendants with respect to all others except 2, 3, 7, 8-TCDD is manifest. Lastlv, and most importantly, the essence of the interrogatories is directed to causation. Again, if we can establish through the defendants the toxicity and/or the relationship between one of the lesser toxic isomers of dioxin than 2, 3, 7, 8-TCDD, then one may verv well have established the causal relationship between 2, 3, 7, 8-TCDD and the various unfortunate medical by-products of such exposures. In short, defendants' objections are not well taken and therefore all such interrogatories should be answered fully and completely. Very truly yours, TWH/nl cc: All Counsel of Record (see attached Service List) Thomas W. Henderson ' `*,i- '-Ui'' .-'-: jt. -- v " -- kK -- ..-v .'h . j v _r . v . . . . i . a 4 l ,___ / UNITED STATES DISTRICT COURT EASTERN DISTRICT OE NEW YORK IN RE p "AGENT ORANGE" PRODUCT LIABILITY LITIGATION x rt-. MDL No. 381 (All Cases) F 1L Eli IN Cl I'YCS 0rF:;2 U. S. C.-'MuT e d. N.Y. OCT 5 933 MOTION OF CERTAIN PLAINTIFFS' COUNSEL FOR TIMEA.M--------- THE ENTRY OF AN ORDER APPROVING A PM ------------- DESIGNATED PLAINTIFFS' MANAGEMENT COMMITTEE AND FOR OTHER RELIEF *4 NOW COMES, Stephen J. Schlegel, Schlegel & Trafelet, Ltd., Benton Musselwhite, Law Offices of Benton Musselwhite, Inc., and Thomas VJ. Henderson, Baskin and Sears, hereinafter referred to as movants, and hereby respectfully move this court for the %-- entry of an order designating their firms to be the Plaintiffs' Management Committee in this litigation and for certain other relief including the designation of lead counsel and court spokesman for the Management Committee, and as grounds therefor and in support hereof, srate as follows: 1. There is a present need in this litigation for the appointment of a Plaintiffs' Management Committee, to be responsible for the administration and prosecution of this litigation on behalf of the members of the plaintiff class and the previously filed MDL plaintiffs. 2. That on September 20, 1983, a motion was filed by Yannacone & Associates, previously designated lead counsel hereii which, inter alia, seeks to have that firm relieved of its cl.-signa tion and respons ibi li tics for the ruar.oiis and upon the gjumils ;w-i. forth in that motion. p 3. That movants have reached agreement among themselves to 0 perform the tasks and duties and to accept the responsibilities inherent in the further prosecution of the plaintiffs' claims and as are customarily imposed upon plaintiffs' management committees and lead counsel in complex cases of this nature under both the rules and laws pertaining to MDL proceedings and class actions. 4. That in these regards, movants verily believe that as Yannacone & Associates may be relieved of its designation as lead counsel there still remains the advisability of having a Plaintiffs' Management Committee and lead counsel designation which can accomplish a smooth transition in transfer of the responsibilities and duties- involved and that they have sought out and received the assurances of many of the former members of Yannacone & Associates to the effect chat those members will in fact continue to further the cause of the litigation, aid and cooperate with the Plaintiffs' Management Committee that is proposed by virtue of this motion. 5. That should this court see fit to grant this motion and to constitute movants as members of the Plaintiffs' Management Committee they are, individually and collectively, prepared to and will devote all necessary time and effort and assets so as to establish, to the best of their ability, a central contact point for the special master and the court which will be able to reasonably deal with and perform the tasks necessary 'to achieve a -2- r >s proper policy making and administrative body which can work in -concert with all other interested associated counsel for the plaintiffs and in conformity with all proper directions fof the special master and orders of this court. 6. In support of this motion the following short biographical * sketches pertaining to the movants are offered: (a)- Stephen J. Schlegel; age 38; L.L.B., Northwestern University, 1966; J.D., Illinois Institute of Technology Chicago Kent College of Law, 1969; admitted Illinois Bar 1969; admitted to practice before the U.S. District Court, Northern District of Illinois and Seventh Circuit Court of Appeals, 1969; since admission continually engaged in private practice of law with specific emphasis in personal injury litigation in both the State of Illinois and numerous Federal districts with leave of those courts; member of American Bar Association, Illinois State Bar Association, Chicago Bar Association, American Trial Lawyers Association, Illinois Trial Lawyers Association; one of two principals of Schlegel & Trafelet, Ltd., an Illinois professional corporation, which firm presently has seven associates and adequate paralegal and clerical assistance; has been involved as plaintiffs' counsel in the Agent Orange litigation since early 1979; has acted as a form of liason or intermediary counsel to all associated local and regional plaintiffs' counsel which presently number in excess of 300 attorneys; prime associated counsel in this litigation include Sullivan & Associates, a mid-size firm likewise located in Chicago, Illinois, and of record in this litigation on behalf of the plaintiffs since 1979, and the firm of Koslow, Wall, Crowley, Berman & Olsmon, of Detroit, Michigan; both of these firms as well as Schlegel & Trafelet, Ltd. have substantial practices involving plaintiffs' personal injury, products liability, and other related claimants' causes; both directly and in association with various attorneys throughout the nation, Mr. Schlegel has the present duty to represent over 1,900 veterans, not including their spouses and family members; b) Benton Musselwhite; age 52; L.L.B., Southern Methodise University; L.L.M., Georgetown University; member and former director, Texas Trial Lawyers Association; member of American Trial Lawyers Association; member of Steering Committee Ocean Ranger Litigation; plaintiffs' counsel Ranger One Litigation; plaintiffs' counsel -3- in airerctsh litigation in Pekonbnru, Indonesi a; order of Woolsack, contributing editor Southern Methodist Ur ivers.i Ly Law Journ.il; Barristers; counsel "to I'C'troleuni Union in Brazil and Vcnezula re maritime litigation; Mr. Mussclwhi t.e has been involved in the Agent Orange litigation since at least 1979 and has direct responsibility to represent over 1,000 of the plaintiff veterans; - i (c) Thomas W. Henderson; admitted to practice in Pennsylvania, 1967; admitted to practice before the , Supreme Court of the United States and various Federal jurisdictions; Mr. Henderson is a partner in . the large multi-state law firm of Baskin and Sears, who has specialized in toxic tort litigation involving claims related to carcinogens and toxins of various kinds including asbestos, silica, coke oven emissions; nickel oxides and formaldehyde; he has been involved in asbestos litigation since 1973 and has enjoyed substantial prominence not only in that litigation but as a lecturer and author; he brings substantial expertise in the fields of epidemiological and other specialized medical matters with emphasis on their proper use in litigation. 7. That in the event this motion is granted, movants further seek to have this court designate them, not only as members of the Management Committee, but, collectively, as designated lead counsel as well and in lieu of Yannacone & Associates, and, further, that they collectively be designated plaintiffs' counsel to the MDL proceedings as well; in these regards movants are advised that most, if not all, of the previous members of Yannacone & Associates, not only interpose no objection to these designations, but are agreeable to them 8. That in the event this motion is granted, movants further hereby designate until either further order of court or future substitute designations by the Plaintiffs' Management Committee, that court spokesperson for and on behalf of the Management Committee should be David J. Dean, of the firm of Dean, Falanga & 4- - r.i / Ros^r whose prior involvement in Lais ii t-Igation is well known both to tins court and the special master; it is the feeling of . movants that at least until further order of court, the*-designated court spokesperson should be in New York and, preferably, a Long 'Island attorney who is well versed in this litigation such as Mr. Dean. 9. " That in the event this motion is granted, movants respectfully request that each of their firms be added to the master service lists and that the defendants be required to serve upon them at their respective office addresses, all papers, notices, motions, orders, applications, memoranda, and other required documents including but not limited to documents produced in connection with discovery in these causes; further, that defendants be required to continue to serve David J. Dean and Victor J. Yannacone with true and correct copies of all such papers in conformity with the rules and orders of this court together v^ith the directions of the special master. It is submitted that this request is absolutely necessary to the proper prosecution and administration of this litigation. 10. That a draft order is submitted contemporaneously herewith for the court's consideration. WHEREFORE, it is respectfully prayed that an order be entered accordingly. Respectfully submitted. STEPHEN J. SCHLEGEL SCHLEGEL & TRAFELET, LTD. THOMAS W. HENDERSON BASKIN & SEARS BENTON MUSSELWHITE LAW OFFICES OF BENTON MUSSELWHITE, INC. By: t* M r . Stephen J . Cchlcgcl Sc! tlcgo.l & T r a f e l e t , I.td O S n u .; it N e o r3i9h0 0 L a S a l l e C( h3i1 2oi ) 7 8j o-' , 2 I -, l1l06i1n.o i s StrccL 6 0G02 Mr. Benton Musselwhite Law Offices of Benton Musselwhite, Inc. Suite 517 609 Fannin Houston, Texas 77002 (713) 222-2288 Mr. Thomas Henderson Baskin & Sears Frick Building - 10th Floor Pittsburgh, Pennsylvania 15219 (412) 562-8618 . V* r>Ir.f. / siiViv } I / f/ 1 ;4 rLt! -I r UNITED STATES DT STR JC i 'GURT EASIcliiiS D IS T R IC T OK NEW YORK -------------------------------- : ----------------------------------------------------------------------------------------------T _ X IN RE ' "AGENT ORANGE" PRODUCT L IA B IL IT Y L IT IG A T IO N x MDL NO. 381 (All Cases) ORDER Pursuant to the motion of Schlegel & Trafelet, Ltd., the Law Offices of Benton Musselwhite, Inc., and the law firm of Baskin and Sears, and Victor J. Yannacone, Jr., hereinafter called movants, and the court being advised as follows: I That movants are in agreement, as some of the attorneys for the plaintiffs in these causes that the terms of this order regarding the Agent Orange Plaintiffs' Management Committee, are in the best interests of the plaintiffs in these actions; And it appearing to this court that three of the movants, namely Schlegel & Trafelet, Ltd., the Law Offices of Benton Musselwhite, Inc., and the law firm of Baskin and Sears, have reached agreement among themselves which is by its terms satisfactory to this court for the purpose of establishing a Plaintiffs' Management Committee which shall be responsible for the continued prosecution of these causes from time to, time 1 tj hereafter an*! until finllvi or.!or of this court; nr.cl It further appe.u inj l> this court chat thr law fii n involved have the commitment of the continued cooperation and efforts of various of the members of that law firm previously designated as lead counsel in these causes, namely, Yannacone & Associates, which law firm pursuant to motion filed September 20, 1983, has sought to be relieved as the designated lead counsel; and, It further appearing to this court that the movant firms wish to be designated as the members of the Plaintiffs' Management Committee, have substantial involvement in this litigation, represent substantial numbers of plaintiffs previously filed in these causes, have substantial assets which they are committing to the extent necessary from time to time to adequately prosecute these causes, and have substantial individual and collective abilities and %. backgrounds having a bearing on the future prosecution of the plaintiffs' claims herein; and It further appearing to this court that the substantial contributions heretofore made by Yannacone & Associates as the previously designated lead counsel are to be preserved and that the newly constituted Plaintiffs' Management Committee has the assurances of members of Yannacone & Associates and Victor J. Yannacone, Jr. of their continued cooperation and effort in aid of the prosecution of the plaintiffs' claims and it appearing in these regards that such cooperation and continuity is advisable with regard to the continuation of this litigation; and -2- 11 R q t / I % t* ! |. / This court being fully advised in the premises, IT IS HEREBY ORDERED. AS FOLLOWS: 1. That effective upon the date of enLry of this order, the Plaintiffs' Management Committee designated by this court and by agreement among its members be and hereby is constituted. Its biembers, until further order of this court, are hereby designated i to be Stephen J. Schlegel, of the firm of Schlegel & Trafelet, Ltd., One North LaSalle Street, Suite 3900, Chicago, Illinois 60602, Benton Musselwhite, of the Law Offices of Benton Musselwhite, Inc., Suite 517, 609 Fannin Building, Houston, Texas 77002, and Thomas W. Henderson, of the firm of Baskin & Sears, 10th Floor, Frick Building, Pittsburgh, Pennsylvania 15219; and 2. That pursuant to the motion of the above designated Management Committee, until further order of this court, the Plaintiffs' Management Committee and its members jointly, be and the same are hereby designated as lead counsel to the class, counsel to the MDL plaintiffs, and is hereby designated to be responsible for making all major policy decisions on behalf of the plaintiffs and the administration and prosecution of the litigation, monitoring the performance of lead counsel, adding to the membership of the Management Committee by unanimous vote, with court approval, removing persons or firms from the Management Committee with court approval, establishing an appropriate organization of committees and subcommittees in furtherance of the prosecution of the litigation, and in this regard designating chair persons of the committees and subcommitees, acting as the 'tV^rrj. i It ....-- v T r-rrV .-T r-.----: -3- 1] pQn :v./s:; -7***" : central admlnistrative body of the plaintiffs' counsel and as .central contact point for the court and special master, w: th -regard to court notices, correspondence, formal pleadings and f. briefs and memoranda from time to time, accepting responsibility t for the drafting of all documents filed with the court over its . signature or one of its members acting on behalf of the Committee, acting as the repository for originals of all transcripts, documents, materials, research, memoranda, and other of plaintiffs' work product recognizing that service of documents by defendants shall be sought upon other associated counsel as may be permitted by the court/special master; and, 3. Until further notice, on motion of the Management Committee, Attorney David J. Dean, of the firm of Dean, Falanga & Rose, be and hereby is designated as court spokesman for the Plaintiffs' Management Committee; and, *- 4. Until further notice and designation, the defendants be and the same are hereby required to serve true and correct copies of all further pleadings, notices, memoranda, and documents produced in connection with discovery in these causes upon each member firm of the Plaintiffs' Management Committee at their addresses hereinabove set forth in addition to serving, as previously designated, Victor J. Yannacone, Jr., Post Office Drawer 109, Patchogue, New York 11772, and upon David J. Dean, Dean, Falagna & Rose, One Old Country Road, Carle Place, New York 11514, and all other members of the plaintiffs' counsel group who have previously been designated to receive service 4- - Xf 'T4w i <. s - t A**',; ,T*^* *'** ?.r": ? ".7--'WTi<V",nE,: 1 `rf ' L/E*seisr.'ai?>ix ; of such papers. Bated: ENTER: George C. Pratt, Judge 5 STATE OF NEW YORK) ) COUNTY OF NASSAU ) Sharon A. Vento, being duly sworn, deposes and says: deponent is not a party to the action, is over 18 years of age and resides at Oceanside, New York. On December 8, 1983, deponent served the within Memorandum Of The Undersigned Defendants In Opposition To Plaintiffs' Motion To Includ 2,4-D In This Case upon the persons set forth below at the addresses shown, said addresses being designated by said persons for that purpose, by depositing a true copy of same enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York. TO: See Attached Service List Sworn to before me this 8th day of December, 1983. Notary CNoOmTmACRiseYsrtiDoiPfinIeU#Ad0BNE1LxEiLnIpCLLir,N4LeS7Eas5tWsasM1tEa3eaLu1rLoc1CYfhNoNu3en0wt.yY19ojQrkL<J^ ihjnfp Sharon A. Vento Rivkin, Leff, Sherman & Radler TO: MORTON B. SILBERMAN, ESQ. Clark, Gagliardi & Miller The Inns of Court 99 Court Street White Plains, NY 10601 WENDELL B. ALCORN, JR., ESQ. Cadwalader, Wickersham & Taft One Wall Street New York, NY 10005 JOHN SABETTA, ESQ. Townley & Updike 405 Lexington Avenue New York, NY 10174 WILLIAM KROHLEY, ESQ. Kelley, Drye & Warren 101 Park Avenue New York, NY 10178 DAVID R. GROSS, ESQ. Budd, Larner, Kent, Gross, Picillo & Rosenbaum 33 Washington Avenue Newark, NJ 07102 THOMAS A. BECK, ESQ. Arthur, Dry & Kalish, P.C. 1230 Avenue of the Americas New York, NY 10020 ARVIN MASKIN, ESQ. Department of Justice Safeway Building Room 904D Washington, D.C. 20530 JUDY SPANIER, ESQ. Shea & Gould 330 Madison Avenue 15th Floor New York, NY 10017 PAUL ESPOSITO, ESQ. Lewis, Overbeck & Furman 135 South LaSalle Street Suite 1060 Chicago, IL 60603 HOWARD LESTER, ESQ. Lester, Schwab, Katz & Dwyer 120 Broadway New York, NY 10271 STEPHEN J. SCHLEGEL, ESQ. Schlegel & Trafelet, LTD. One North LaSalle Street Suite 3900 Chicago, IL 60602 BENTON MUSSELWHITE, ESQ. Suite 517 609 Fannin Houston, Texas 77002 THOMAS HENDERSON, ESQ. Baskin & Sears Frick Building - 10th Floor Pittsburgh, PA 15219 VICTOR J. YANNACONE, JR., ESQ. Yannacone & Yannacone 35 Baker Street P.O. Box 109 Patchogue, NY 11772 DAVID DEAN, ESQ. Dean, Falanga & Rose One Old Country Road Carle Place, NY 11514 SOL SCHREIBER, ESQ. Special Master Milberg, Weiss, Bershad & Specthrie One Pennsylvania Plaza Room 4915, 49th Floor New York, NY 10019 Clerk of the Panel Judicial Panel on Multidistrict Litigation 1120 Vermont Avenue, N.W. Suite 1002 Washington, D.C. 20005 112,97 JACK B. WEINSTEIN CHIEF JUDGE United States District Court EASTERN DISTRICT OF NEW YORK 225 CADMAN PLAZA EAST BROOKLYN, NEW YORK 11201 November 23, 1983 Dear Mr. Henry: Thank you for your letter of November 23rd and the interesting and important material sent with it. I do not believe it appropriate for me to discuss a case pending before me at this time. I have asked the Clerk of the Court to file and docket your letter and mine under Agent Orange, MDL No. 381, for such use by the attorneys in the litigation as they wish to make of it. With all best wi 3 S7 Mr. James F. Henry President Center for Public Resources 680 Fifth Avenue New York, New York 10019 c c : Clerk of the Court r: \ r ro nr"'* tt*- w.';v`' 1 ^, r: K N T K R F 0 R P U K I. I C R K S O U R O K S Legal Program to Reduce the Costs of Business Disputes r IT A 1 It M A N J io'ihcnc AP.reSsuiddiennotl i) ' General Counsel I in ion ( ,;ii I m lr (!o rp . i; \ m t t i v k r i i M M i r r r . K Tlionm f F. Alnciisicld S e n io r V ic e P r e s id e n t A: General Counsel Philip Morris. Inc. Koheri S. Banks l `ir c P r e s id e n t Aj ('renerai C ounsel X *J`C)X ( JH'I. O i ' o r c o VX . F n n r o b o . J r . E x e c u ti v e V ic e P r e s id e n t iC` C ,,-nvnl C ounsel Hank of Amrrica M artin A. (!nyir I'irr P resident, (lenenti Counsel Scerrtiirv T H W . 1nr. J. Kii-lunl Kilnmmlson S e n io r P ir e P r e s id e n t <r General Counsel Bristol-Myers Co. Jamo* ] '. H e n r y P resid e n t O n lir r for Ihiblii: K ^ o u rres Fiatici' X. M' Cnrtnack Senior I'irr President it- G eneral Counsel Alianti- liichlicld (!,,. iSic:(iln-n B. M u M k h r o o k y'iee P resident General Counsel A etna Fife & Casualty Co. I l:r\ ill S . I\ 11111-r Dean A- P m ies'or of Law N oriliw r-lprn I !ntv<Tsily Sciami of I,aw lii.lt.-rf \V. \\r.-k< Pier President A- General Counsel D eere & Co. November 23, 1983 The Honorable Jack B. Weinstein Chief Judge United States District Court Eastern District of New York Brooklyn, New York 11201 Dear Judge Weinstein: I was pleased to get your note on my return. Enclosed is some material on the CPR Legal Program and the Judicial Panel. Since we are now publishing a good deal of material, I can send you additional information if you wish. I would like to call your attention to the Judicial Panel. I mentioned in Hershey the Judicial Panel assignment of Dean Harry Wellington. That involves the solicitation of a dialogue among the insurers, producers and plaintiffs' counsel involved in the asbestos cases. The purpose is to ascertain how and where in mutual interest, legal costs can be reduced. The focus of the group has become the construction of the Asbestos Claims Facility, which will facilitate claims, resolve many disputes by alternative dispute resolution and otherwise reduce many of the duplicative and other legal costs that have been incurred in those cases. The progress of this coalition of adversaries has been astounding. Several of the insurers and plaintiffs' counsel active in the CPR Wellington Group are also active in the Agent Orange cases. Both sides have at one point or another suggested that a similar effort could be undertaken in the Agent Orange cases to reduce costs and work toward settlement of that massive problem in a problem solving vs. litigious manner. While the nature and circumstances surrounding these disputes are quite different, I believe that such an undertaking should be explored for purposes of achieving reasonable resolution in a complex set of problems of national importance and at the very least achieving some reduction in the huge legal costs involved. Such an undertaking in the Agent Orange 680 Fifth Aveiiui: NY, NY 10019 212-541-9830 Hon. Jack B. Weinstein Page 2 November 23, 1983 cases may seem so speculative as to be unsound. The merits of trying rests in the success to date of the CPR Wellington Group and the huge stakes. If you believe it is proper to talk about this, I would welcome the opportunity. I shall call in that regard. Finally, I would like to note that we shall endeavor to reach the judiciary more effectively than we have, with information on alternatives to litigation and discovery costs. In that regard, I would like very much to talk with you some time at your convenience. I appreciate your interest. Sincerely J F H :jmh Enclosures James F. Henry President JACK B. WEINSTEIN CHIEF JUDGE United States District Court EASTERN DISTRICT OF NEW YORK 115 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 December 12, 1983 Library of Congress Superintendent of Docu me nts U.S. Government Printing Office Washington, D.C. 20402 Dear Librarians: In connection with pending litigation befo re me, I should like to have a listing of all mat er ial s in your catalogs with respect to the items listed below. I should also like to have all ma terial in p e ri o di ca ls or governmental p u bl ic at ion s published within the last five years on this subject. The listings ate as follows :1 1) Dioxin 2) T e t r a c h l o r i d i b e n zodioxin 3) Herbicides 4) Agent Orange 5) D i c h l o r o p h e n ox y a c et i c Acid 6) T ri c h l o r o p h e n o x y a c e t i c Acid 7) T e t r a c h l o r o d i b e n z o - p a r a - d i o x i n 8) Agent Pink 9) Agent Green 10) Dinoxol 11) Trinoxol 12) Agent Purple 13) Agent Blue 14) Agent Orange II 15) Agent White 11901 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------- x In re : "AGENT ORANGE" Product Liability Litigation : -----------------------------------x MDL No. 381 MEMORANDUM OF DEFENDANT DIAMOND SHAMROCK CHEMICALS COMPANY IN OPPOSITION TO DOW'S PROPOSED "DIOXIN MARKET SHARE" THEORY OF __________ ALTERNATIVE LIABILITY_________ Preliminary Statement Defendant Diamond Shamrock Chemicals Company ("Diamond Shamrock") submits this m e m o r a n d u m in opposition to The Dow Chemical Company's request that the Court consider application of a "dioxin market share" theory of alternative liability in this litigation. See Memorandum of Law of The Dow Chemical Company in Opposition to the Utilization of Alternate Theories of Liability in this Litigation and in Support of the Dismissal of Plaintiffs' Claims, dated November 30, 1983, Point III (the "Dow Memo"). Diamond Shamrock also requests in this memorandum that the Court defer consideration of any alternative theory of liability pending a determ i n a t i o n , under a p p l i c a b l e choice of AO* law principles, of which states' substantive laws will control the various issues presented in the cases comprising MDL No. 381. ARGUMENT POINT I DOW'S "DIOXIN MARKET SHARE" THEORY OF ALTERNATIVE LIABILITY IS ILLOGICAL AND WOULD LEAD TO GROSSLY UNFAIR RESULTS In its memorandum opposing utilization of alternative theories of liability, Dow asserts that: [Should] the Court . . . ultimately conclude that an alternate theory of liability is indeed appropriate . . . the only theory con ceivably adaptable to the facts of this case is market share liability, with each defen dant's share predicated on the amount of dioxin that the particular defendant sent to Vietnam as a manufacturing by-product of its Agent Orange, as compared to the total amount of dioxin sent to Vietnam by all defendants. Dow Memo at 34. Applying this simplistic approach, Dow concludes that having produced 31.1% of the Agent Orange sold to the United States government, it should be liable for only 1.3% of any damages recovered by plaintiffs. In contrast, Dow calculates that Diamond Shamrock and Monsanto, having manufactured 5.4% and 22.7% respectively of all Agent Orange procured by the government, should be responsible for 96.9% of any damages. Dow's theory: (1) ignores plaintiffs' allegations that the Agent Orange as produced by aU. defendants was harmful; (2) fails to address the importance of actual exposure to a product in constructing a market share theory of liability; and (3) -2- discards the notion of fairness that was the underpinning for th Sindell court's decision to apportion damages based on manufacturer's share of the market. A. Dow's Scheme for Apportioning Liability Would Cause Uniust and Irrational Results Dow's "dioxin market share" theory has been develope on the basis of assumptions that bear no relation to the claim advanced by plaintiffs. It is founded on the false notion tha the total amount of dioxin sent to Vietnam by all defendant; bears an exclusive and direct linear relationship to any injur: that occurred. Dow's proposal ignores the nature of plaintiffs contentions. Plaintiffs contend that all Agent Orange to which the\ were exposed, regardless of who manufactured it, was capable oi causing injury. They intend to prove at trial that the Agent Orange used in Vietnam, even if it contained only trace amounts of 2,3,7,8-tetrachlorodibenzo-p-dioxin ("TCDD"), was defective and unsafe. _S.ee, e.g.. transcript of October 26, 1983 pre-trial conference before Special Master Schreiber at 6908 ("[T]o suggest that this is a dose response case, it is simply not. Dioxin is not dose-related to the extent that it can cause neoplasm on a single hit theory . . . ."). Moreover, plaintiffs now allege that several other chemical compounds in Agent Orange, in addition to TCDD, contri buted to the herbicide's allegedly injurious effects. For -3 example, at a pre-trial conference before Special Master Schreiber on November 9, 1983, counsel for plaintiffs stated: I am going to confront right now the question of the defendants' objections on whether or not D or T or dioxin or any other toxin contained in the product is really the scope of this entire exercise. They are saying that this case is a case with respect to one isomer of a group of compounds which are in varying respects toxic. Specifically, 2 ,3,7,8-TCDD, as opposed to the other d i o x i n s , and in prior documentary production in this matter, we have information that indicates that there are other dioxins in some of the products manufactured by the defendants, which comprise portions of what I am going to call "the products," which are the subject matter of this litigation and they are phenoxy herbicides. That includes D and T contami nated by various isomers of dioxin, as a total product. Orange itself is a product. The T portion of it is not necessarily the sole scope of this lawsuit, despite the com ments of the Judge that the direction of the case has had emphasis on TCDD in its 2,3,7,8 form as it contaminates T. However, there are in fact other aspects of toxicity with respect to D and with respect to other forms of dioxin. *** [TJhere are also parts per million of other less toxic dioxins in the T and there is also evidence of toxicity granted at different levels with respect to D. And every scientist that gets on the witness stand is going to have to talk about the condition of injury as caused by the product to which these veterans were exposed. Not just one little piece of the product. *** I want to make myself very, very clear, that despite the objection and the comment of the judge and the 1983 order back in April or May, that is cited in the general objection -4- -- that despite the emphasis on the 237 8 isomer as the contaminant T, t;his is not a case that is limited to those two substances. Tr. at 7245-47 (emphasis added). eg also tr. of October 26, 1983 pre-trial conference at 6897. Similarly, only days ago plaintiffs moved to include as part of their case 2,4-D, which was a substantial component of Agent Orange and other phenoxy herbicides applied by the military in Vietnam. In their papers, plaintiffs refer to alleged neuro-toxic effects of 2,4-D, and assert that "certain scientific studies have demonstrated the presence of various dioxins in 2,4-D."1 .eg Plaintiffs' Motion to Include 2,4-D as an Issue in Proximate Cause, dated November 23, 1983. Whether or not their motion is granted, the fact remains that plaintiffs attribute their injuries to compounds other than TCDD. Thus, exposure to Agent Orange, not TCDD, is the criterion to be used in assessing the suitability of a market;if share theory of liability to the facts of this case.j | Accordingly, Dow's "dioxin market share" theory is inapplicable' and would result in a fantastically unfair apportionment of liability, because it ignores the direct relationship between likelihood of exposure and the amount of sales of the allegedly 1. In light of plaintiffs' recent motion to include 2,4-D, Dow's attempt to promote a market share theory of liability based exclusively on TCDD content is particularly inappropriate. During the Vietnam conflict, Dow was the United States government's sole supplier of the herbicide Agent White, the main active ingredient of which was 2,4-D. Between 1965 and 1970, 5.24 million gallons of Agent White were applied in Vietnam, as compared to 11.22 million gallons of Agent Orange. See The Effects of Herbi cides in South Vietnam. Part A-- Summary and Recommendations at S-3 (National Academy of Sciences 1974). -5- 11906 injurious product, Agent Orange. This gap in logic is fatal t any attempt to apply a "dioxin market share" theory in this case In Sindell. the Supreme Court of California made clear that a market share theory of liability is possible only when ? fair and equitable apportionment of damages can be made because ; direct relationship exists between likely exposures and actual sales of the product. The rationale for the Sindell approach it illustrated in the Fordham Law Review article cited by this Court in Pretrial Order No. 66 and relied on so heavily by the California court in its decision: [I]f X Manufacturer sold one-fifth of all the DES prescribed for pregnancy and identifica tion could be made in all cases, X would be the sole defendant in approximately one-fifth of all cases and liable for all the damages in those cases. Under alternative liability, X would be joined in all cases in which identification could not be made, but liable for only one-fifth of the total damages in these cases. X would pay the same amount ei ther way. Although the correlation is not, in practice, perfect, it is close enough so that defendants' objections on the ground of fairness lose their value. Comment, DES and a P roposed Theory of Enterprise Liability. 46 Fordham L. Rev. 963, 994 (1978), cited in Sindell v. flbbott Laboratories, 26 Cal.3d 5 8 8 , ____, 163 Cal. Rptr. 132, 145 n.28, 607 P.2d 924, 937 n.28, cert, denied. 449 U.S. 912 (1980). As the court concluded in Sindell. "under the rule we adopt, each manufacturer's liability for an injury w o uld be approximately equivalent to the damages caused by the DES it manufactured." 26 Cal. 3d a t ___, 163 Cal. Rptr. at 146 , 607 P.2d at 938 (emphasis added). In contrast, Dow's approach utterly fails to correlate -6- 11307 liability with damages that might have been caused by a: particular manufacturer's Agent Orange. The incongruities presented by Dow's proposal ai easily illustrated. Based on the figures set forth in Exhibit to Dow's M e m o , 2 Dow produced 31.1% of the Agent Orange procure for use in Vietnam. Plaintiffs assert that each defendant' product was capable of causing their alleged injuries. Thus 2. The calculations pertaining to dioxin levels set forth i Exhibits A, B and C to Dow's Memo are based on unreliable an statistically unrepresentative samplings of the various defen dants' product, and are contradicted by other documents produce during discovery in this litigation. The Exhibits certainl' cannot serve as the factual basis for any attempt to determine > defendant's share of the non-existent "dioxin market" proposed b: Dow. For example, based on documents submitted by plaintiffs ir opposition to T H Agriculture & Nutrition Company's motion for summary judgment on the government contract defense, Judge Pratt found that T H "samples tested at Gulfport, Mississippi, indicate a [dioxin] level that went as high as 4.1 ppm." 565 F. Supp. 1263, 1271 (E.D.N.Y. 1983). Yet the highest dioxin reading given in Dow's Exhibit B for a sample of T H Agent Orange at Gulfport is only 0.2 ppm. Since T H manufactured Agent Orange using trichlorophenol purchased from Dow, Dow's desire to de-emphasize dioxin levels in the product of one of its customers is not surprising. See T H's Reply Memorandum of Law in Support of Its Motion for Summary Judgment, served May 2, 1983, at 5. The deficiencies in the Gulfport readings are further exemplified by the amount of effort that was devoted to attempting to explain their inconsistencies in the papers submitted on plaintiffs'j motion for reconsideration of Hercules' summary judgment motion. ;i Dow's dioxin calculations also fail to reflect that approxi mately 70% of Diamond Shamrock's shipments of Agent Orange were produced after the installation of a dioxin purification process at Diamond Shamrock's plant in September 1967. The dioxin readings in Exhibits B and C to Dow's Memo are not representative of Diamond Shamrock's production. Dow has incorporated the Gulfport readings without qualification in its calculations and presented the Court with what is, in light of the total record, a patently inaccurate factual premise for attempting to apportion liability. -7- looking only to sales data, there is a 31.1% likelihood that the Agent Orange to which any particular plaintiff was exposed was sold by Dow. According to the same analysis, only a 5.4% likeli hood exists that the plaintiff was exposed to Agent Orange sold: by Diamond Shamrock. Therefore, it is six times (31.1/5.4) more likely that a plaintiff claiming injury in this litigation was exposed to Dow's product rather than Diamond Shamrock's. Dow's theory, on the other hand, would have this Court' I impose a rule in which Diamond Shamrock would be liable for 22.1% of any damages awarded to a plaintiff, while Dow would be liable for 1.3%. While it is six times more likely that a plaintiff was exposed to Agent Orange manufactured by Dow instead of Diamond Shamrock, under Dow's apportionment approach the unreasonable fiction is created that it was 17 times (22.1/1.3) more likely that the plaintiff was exposed to Agent Orange supplied by Diamond Shamrock. The numbers arrived at under Dow's approach offend the most basic notions of fairness and due process. Under the Sindell approach, based on a manufacturer's sales of a product, "each manufacturer's liability would approximate its responsibil ity for the injuries caused by its own products." 26 Cal.3d at ___, 163 Cal. Rptr. at 145, 607 P.2d at 937 (emphasis added). Dow's plan, however, would impose liability according to a formula that bears no relation to the number of veterans who could have been exposed to Diamond Shamrock's product. When Monsanto's production figures are factored into the equation, the inequity is even more startling. -8- While, based on the relative 11909 amounts produced, in two out of every three hypothetical claims the plaintiff will not have been exposed to Monsanto or Diamond Shamrock Agent Orange, Dow would have those two defendants liable for 96.9% of the damages awarded to each of the three claimants. B. Even Assuming TCDD Content Was the Only Relevant Consideration, Dow's Approach Is F l a w e d ________________ Even assuming arguendo that TCDD was the only chemical compound in Agent Orange capable of causing the injuries claimed by plaintiffs and that based on a single exposure a direct re lationship exists between the TCDD level in Agent Orange and the incidence of injury (assumptions flatly in opposition to plain tiffs' present contentions), Dow's method for apportioning lia bility is defective in several respects. For example, on the basis of production statistics, the likelihood is six times greater that a plaintiff was exposed to Agent Orange sold by Dow rathdr than Diamond Shamrock. Expressed another way, it is as equally likely that a plaintiff was exposed on s_Lx different occasions to Dow's Agent Orange as it is that he was exposed to Diamond Shamrock's Agent Orange just once. Yet Dow's theory entirely discounts the potential effect of six repeat exposures to Dow product containing one level of TCDD as against a single exposure to someone else's product with a different level. In promoting its "dioxin market share" approach, Dow appears oblivious to an essential aspect of toxicology: considerations of chronic, as opposed to acute, exposures. -9- Moreover, even operating under the assumptions set forth above, the fact remains that a theory based simply on the "total amount of dioxin sent to Vietnam by all defendants" (Dow Memo at 34) still neglects the element of exposure, which is tied to sales, not dioxin content. Thus, Dow's approach ignores that it is more likely than not that a plaintiff was exposed on five separate occasions to Dow's Agent Orange, and yet never exposed to Agent Orange sold by Diamond Shamrock. By carrying Dow's argument to an extreme, its basic fallacy becomes starkly appar ent: If 99% of the Agent Orange used in Vietnam was supplied by one manufacturer whose product contained 0.05 ppm of TCDD, and 1% was supplied by a second manufacturer whose product contained 40 ppm, Dow's approach would foist on the second manufacturer lia bility for 87.6% of all damages. Dow might reply that such a result is equitable because the first manufacturer's product was not capable of causing injury. If that were the case, however, the first manufacturer should escape liability altogether, and Dow's scheme would therefore impose a result that was unfair to both suppliers. POINT II EVEN IF THIS COURT WISHES TO APPLY A THEORY OF ALTERNATIVE LIABILITY, UNDER APPLICABLE CHOICE OF LAW RULES THAT THEORY MAY ONLY BE APPLIED, IF AT ALL, TO CERTAIN CASES IN THESE PROCEEDINGS_______ It would be premature to decide at this time that a theory of alternative liability could be utilized in any of the 11911 -10- cases in this MDL proceeding. A prior determination must first be made under applicable choice of law principles of which states' substantive laws will control the various issues presen ted by these cases. As this Court is well aware, there is no federal common law applicable here. See transcript of pre-trial hearing on November 21, 1983 at 91, 110. This Court will un doubtedly have to apply a variety of states' laws depending on the interests (state as well as individual) that are identified by the various claims. This necessarily means that an examina tion must be made of the laws of those states having the most significant relationship to the issues in each case before it can be decided whether a theory of alternative liability can be applied. Although this Court is searching for a nationwide uni form rule of decision to be applied to all the cases before it, Diamond Shamrock believes no such rule of decision exists that can be applied in this diversity context, and will soon submit a supplemental memorandum of law supporting its position. In the meantime, however, this Court is certainly aware that only a very limited number of jurisdictions have adopted any form of alterna tive tort liability. More importantly, a number of states have specifically rejected those theories. See, e.q.. M o rton v. Abbo_t_t__Laboratories. 53 8 F. Supp. 593 (M.D. Fla. 1982) (applying Florida law); M i zell v. Eli Lilly & Co.. 526 F. Supp. 589 (D.S.C. 1981) (applying South Carolina law); Tidier v. Eli Lilly & Co., 95 F.R.D. 332 (D.D.C. 1982) (interpreting Maryland and District of Columbia law); Payton v. Abbott Labo ratories. 386 Mass. 540, -11- 11912 437 N.E.2d 171 (1982); Starling v. Seaboard Coast Line Railroad 53 3 F. Supp. 183 (S.D. Ga. 1982) (Georgia law); ijajnm v. Charles E. Frosst & Co.. 17 8 N.J. Super. 19, 427 A.2d 1121 (App. Div. 1981).3 For this Court to ignore those decisions in an attempt to facilitate adjudication of these proceedings under one body of uniform law is precluded by Erie. CONCLUSION For the reasons set forth above, defendant Diamone Shamrock Chemicals Company respectfully requests that this Court: (i) reject the "dioxin market share" theory of alternative lia bility proposed by The Dow Chemical Company; and (ii) defer 3. In determining the law of various states this Court is, of course, bound to apply the law as announced by each of the high est courts of those states. See Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938); Hortonville Joint D istrict No. 1 v. iJortonville Education Assoc., 426 U.S. 482, 488 (1976); Uessioa v. Clark Equipment Co.. 263 F.2d 291, 293 (2d Cir.), c^rt. denied, 359 U.S. 1013 (1959); Millard v. Municipal Se w e r Authority, 442 F.2d 539, 541 (3d Cir. 1971). In situations where the highest court of a state has not made a decision concerning adoption of an alternative theory of liability, this Court must apply the law as predicted by a federal court sitting in the state in question. ee Factors Etc., Inc, v. Pro Arts Inc., 652 F.2d 278 (2d Cir. 1981). See also C. Wright, Federal Courts 58 at 271 (3d ed. 1976). -12- consideration of any alternative theory of liability pending a determination, under applicable choice of law principles, of which states' substantive laws will control the various issues presented in the cases comprising MDL No. 381. Dated: New York, New York December 5, 1983 Respectfully submitted, CADWALADER, WICKERSHAM & TAFT By(A)l/n?iUl flfafj/hVA A Member of the Firm Attorneys for Defendant Diamond Shamrock Chemicals Company One Wall Street New York, New York 10005 (212) 908-7000 -13- AFFIDAVIT OF SERVICE STATE OF NEW YORK ) : ss. : COUNTY OF NEW YORK ) MICHAEL M. GORDON, being duly sworn, deposes and says: 1. I am not a party to this action, am over 18 years of age and reside in New York County, New York. 2. On December 5 , 1983 , I served the annexed Memorandum of Defendant Diamond Shamrock Chemicals Company in Opposition to Dow's Proposed "Dioxin Market Share" Theory of Alternative Liability on each of the persons named on the annexed list by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. The copies to David J. Dean, Esq. and Leonard L. Rivkin, Esq. were sent by hand delivery. /V k 4 /I Y h /< h ~ /L Michael M. Gordon ^ Sworn to before me this irfyday of December, 1983 Notary Public CCoommmmlifslseidon' E{ x^pireSs Me arrch 3C0ou1n9ty# SERVICE LIST FOR DEFENDANTS Leonard L. Rivkin Rivkin, Leff, Sherman & Radler (for DOW CHEMICAL) 100 Garden City Plaza Garden City, New York 11530 Morton G. Silberman Clark, Gagliardi & Miller (for T H AGRICULTURE & NUTRITION COMPANY, INC.) The Inns of Court 99 Court Street White Plains, New York 10601 John C. Sabetta Townley & Updike (for MONSANTO) 405 Lexington Avenue New York, New York 10174 William Krohley Kelley Drye & Warren (for HERCULES, INC.) 101 Park Avenue New York, New York 10178 John M. Fitzpatrick Dilworth, Paxson, Kalish & Levy (for HOOKER PLASTICS & CHEMICALS CORP.) 2600 The Fidelity Building Philadelphia, Pennsylvania 19109 Richard Goldstein Shea & Gould 330 Madison Avenue New York, New York 10017 Thomas Beck Arthur, Dry & Kalish, P.C. (for UNIROYAL) 1230 Avenue of the Americas New York, New York 10020 David R. Gross BPuidcdi,l l oLar&neRro,s e nKbeanutm, Gross, (for THOMPSON CHEMICALS) 33 Washington Street Newark, New Jersey 07102 Howard Lester Lester, Schwab, Katz & Dwyer (for HOFFMAN-TAFF) 120 Broadway New York, New York 10271 PLaeuwli sV,.OEvseprobseic tk o & F u r m a n (for RIVERDALE CHEMICAL CO.) 135 South LaSalle Street Chicago, Illinois 60603 Arvin Maskin Department of Justice (for THIRD PARTY DEFENDANT USA) Safeway Building 521 12th Street, N.W. Washington, D.C. 20530 L. Kevin Sheridan Executive Assistant U.S. Attorney Eastern District of New York United States Courthouse 225 Cadman Plaza East Brooklyn, New York 11201 COPIES OF ALL DOCUMENTS MUST BE SENT TO: Clerk of the Panel Judicial Panel on Multidistrict Litigation 1120 Vermont Avenue, N.W. Suite 1002 Washington, D.C. 20005 FOR PLAINTIFFS Victor J. Yannacone, Jr. Yannacone & Yannacone Post Office Drawer #109 Patchogue, New York 11772 Stephen J. Schlegel Schlegel & Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Benton Musselwhite Law Offices of Benton Musselwhite Inc. Suite 517 609 Fannin Houston, Texas 77002 Thomas Henderson Baskin & Sears Frick Building - 10th Floor Pittsburgh, Pennsylvania 15219 David J. Dean, Esq. Dean, Falanga & Rose 1 Old Country Road Carle Place, New York 11514 ORANGE TESTIMONY DAY MOYER V DOW 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK IN RE "AGENT ORANGE" PRODUCT LIABILITY LITIGATION X MDL No. 381 (All Cases) X r" T B J C " ' i \ i r \ r r i / 'o. r'>r. -- a MEMORANDUM OF DEFENDANT MONSANTO COMPANY IN SUPPORT OF ITS MOTION FOR A PROTECTIVE ORDER To w n l e y & U p d ik e CHRYSLER BUILDING 4 0 5 LEXINGTON AVENUE N E W Y O R K , N . Y. 1 0 1 7 4 TELEPHONE (312) 6 6 2 - 4 5 6 7 11918 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------- x IN RE "AGENT ORANGE" : PRODUCTLIABILITY LITIGATION : --------------------------------- x :MDL No. 381 (All Cases) MEMORANDUM OF DEFENDANT MONSANTO COMPANY IN SUPPORT OF ITS MOTION _________ FOR A PROTECTIVE ORDER_________ Defendant Monsanto Company ("Monsanto") submits this memorandum in support of its motion, pursuant to Fed. R. Civ. P. 26(c), for an order barring plaintiffs from deposing the twenty present or former Monsanto employees named in plaintiffs' most recent "preliminary list" of so-called "priority witnesses," dated February 13, 1984. With trial only eleven weeks away, to permit these twenty additional depositions would be to impose on Monsanto a heavy and unjustifiable burden -- unjustifiable because plaintiffs have had two years to take the depositions they now so belatedly request. This Court should not allow plaintiffs' deliberate delay to prejudice Monsanto. Relevant Procedural History To put plaintiffs' eleventh-hour request in its proper light, a concise account of the course of discovery in this case is required. In Pretrial Order No. 26 the Court ordered first-wave discovery on the then undefined government contract defense. See 506 F. Supp. 762, 797, 799 (E.D.N.Y. 1980). In January, 1981 plaintiffs served interrogatories on defendants. In February, 1981 Monsanto, pursuant to Fed. R. Civ. P. 33(c), produced documents responsive to those interrogatories which pertained to the government contract defense as interpreted by defendants. In Pretrial Order No. 33 the Court explicitly defined the elements of the government contract defense. See 534 F. Supp 1046, 1055 (E.D.N.Y. 1982). The Court's definition made relevant the issue of each defendant's knowledge of the human health hazards, if any, that accompanied the use of Agent Orange -- an issue that remains the focus of plaintiffs' theory of defendants' liability. See, e .q ., Pretrial Order No. 51, 565 F. Supp. 1263, 1276 (E.D.N.Y. 1983) ("Plaintiffs undoubtedly will strongly emphasize a negligent failure to warn as a basis for liability."). The Court also ordered "intensive discovery" on the now defined government contract defense. 534 F. Supp. at 1058. On July 9, 1982 Monsanto served supplemental answers to plaintiffs' interrogatories. See Exhibit A hereto. In addition to producing documents relevant to the government contract defense, Monsanto identified -- by name, address, and relevant job title -- 76 present or former Monsanto employees with relevant knowledge. Thus for over nineteen months plaintiffs have known the identities and whereabouts of 76 persons from Monsanto with knowledge about the critical issues 11320 -2- 4 in this case, e.g., the formation of dioxin in the 2,4,5-T production process; the identification, detection, and measurement of dioxin; the toxicity of dioxin; and the means of avoiding or minimizing the presence of dioxin in 2,4,5-T. What have plaintiffs done with this information? During the nine-month period preceding the Court's announcement on May 12, 1983 adjourning the trial scheduled for June 27, plaintiffs deposed only six of the 76 persons identified by Monsanto. During the five-month period after the adjournment, plaintiffs deposed no one presently or formerly employed by Monsanto. In September, 1983 Special Master Schreiber established a deposition schedule for the rest of the year pursuant to which plaintiffs, during three of every four weeks, would each week take the depositions of three of each defendant's present or former employees. During each such three-week period, defendants would not be permitted to depose anyone. The Special Master clearly stated the purpose of this schedule: "to give the plaintiffs catch up time." See T r . of Hearing on September 7, 1983 at 6470-74, 6476-78, 6483-84 (Exhibit B hereto). The Court affirmed this schedule, noting that "plaintiffs' failure thus far to undertake a regular program of depositions makes appropriate the program directed by the special master." Pretrial Order No. 59 at 3 (September 15, 1983). This program, pursuant to which plaintiffs were -3- 9 permitted to take 27 Monsanto depositions by year's end, was slated to begin October 3, 1983. See Pretrial Order No. 59 at 7; Tr. of Hearing on September 15, 1983 at 6561. Plaintiffs' counsel, however, who had known about the "catch up" deposition program since early September, delayed three weeks in sending counsel for Monsanto a witness list. See letter dated September 27, 1983 from David J. Dean to John Sabetta (Exhibit C hereto). That list contained the names of seven present and thirteen former employees. After witnesses were located and arrangements made, the deposition program finally began on October 17, 1983. In October, six Monsanto depositions were taken. In November six were taken; two more had been scheduled but were adjourned by Special Master Schreiber at the request of plaintiffs' counsel and over Monsanto's objection. In December two depositions were taken. In January three were taken; thus far in February one has been taken, and one witness has been re-deposed. Thus during the four and a half months since the Court-approved deposition "catch up" program began, plaintiffs have deposed eighteen Monsanto witnesses. On February 9, 1984 plaintiffs submitted a deposition witness list containing 203 names, 98 of which were purported present or former employees of defendants, including seven from Monsanto. See Plaintiffs' Response to Paragraph No. 7 of the -4- 15 1.1 . o*_< ^ 0.W Magistrate's Pretrial Order No. 1 (Exhibit D hereto), at 3. In their submission plaintiffs assured the Court that the number of depositions they actually planned to take would "of necessity be but a fraction" -- less than half, perhaps even less than a quarter -- of the number listed. In this regard plaintiffs undertook to submit a second list of "priority witnesses" from the first list. Id. at 1-2. Plaintiffs' counsel reiterated these assurances at the hearing before Magistrate Scheindlin on February 9. See T r . at 9200 ("But I am sure that these [lists] will be pared down. I know ours will."), 9211, 9215 (Exhibit E hereto). Plaintiffs' "priority list" was received by counsel for Monsanto on February 15. The list contains 111 names, 60 of which are purported present or former employees of defendants. See letter dated February 13, 1984 from Schlegel & Trafelet, Ltd. to Hon. Shira Scheindlin (Exhibit F hereto). The extent of plaintiffs' prioritization of each defendant's employees is as follows: Number on First List Number on "Priority" List Diamond Dow Hercules Monsanto T-H Thompson Uniroyal 14 40 9 7 22 6 0 6 15 5 22* 6 6 0 * Of these 22 names, one, Louis Schwartz, was never a Monsanto employee, and another, L.C. Weger (identified incorrectly by plaintiffs as E. Weger), is deceased. -5- i- o 2 3 With respect to Monsanto employees, plaintiffs have plainly not prioritized -- they have multiplied, more than tripling the number of depositions they seek to take. During the past two years of discovery in this case, plaintiffs have taken 28 Monsanto depositions. They now propose to take 22 more during the month of March. ARGUMENT THIS COURT SHOULD REJECT PLAINTIFFS' BELATED REQUEST FOR TWENTY MORE MONSANTO DEPOSITIONS AS UNJUSTIFIABLE _________AND HIGHLY P R E J U D I C I A L ___ The original complaint in this case was filed over five years ago. There has been intensive discovery during the past two years. The Court has made plain its firm intention that the trial will begin May 7, eleven weeks away. Because this litigation is so big, so complex, and so important, there is much to do before trial and little time in which to do it. Plaintiffs want to force Monsanto to spend a good deal of this precious time preparing for and defending twenty depositions they could have taken many months ago. Eleven of the twenty names on plaintiffs' "priority list" were specifically identified by Monsanto over nineteen months ago as persons having knowledge relevant to the core issues of liability in this case. All names on the list have been identified in relevant documents produced by Monsanto as long as three years ago. 1 24 -6- Plaintiffs have deposed twenty-five present or former Monsanto employees during the past two years. That they have not deposed a greater number is not an accident but rather a litigation decision. Plaintiffs' counsel have often proclaimed their readiness for trial without need for any further discovery of defendants. See, e.g. , Ex. B at 6468. Plaintiffs' deliberate inattention to deposition discovery of defendants did, however, concern Special Master Schreiber. As a result he required plaintiffs to take depositions and prohibited defendants from taking depositions during 75% of the last three months of 1983. The Special Master, in announcing this deposition "catch up" program, and the Court, in approving it, were careful to consider whether it would prejudice defendants' preparation for trial. Because the program was slated to end well in advance of the then unfixed trial date, both concluded that no such prejudice would result. See Ex. B at 6473-74, 6478, 6483-84; Pretrial Order No. 59 at 5. Plaintiffs in large part availed themselves of this unusual opportunity to "catch up". At the beginning of the three-month period they had taken only eight Monsanto depositions; during that period they took fourteen more. Since the beginning of 1984, however, plaintiffs have shown little interest or initiative in taking more Monsanto depositions, with the notable exception of D r . R. Emmet Kelly, whom they -7- regard as very important and have been permitted to depose on three separate occasions. Otherwise, they have apparently again decided to concentrate their trial preparation efforts elsewhere. On February 9 plaintiffs served a deposition witness list containing the names of seven purported present or former Monsanto employees. Monsanto objected only to the deposition of two of the seven on the ground that plaintiffs had already deposed them. See letter dated February 15, 1984 from John C. Sabetta to Stephen J. Schlegel (Exhibit G hereto). When plaintiffs last week served their so-called "priority list" of deposition witnesses, the number of Monsanto employees they wish to depose suddenly tripled. Moreover, because only one name appears on both lists, the first list has turned out to be a sham. In light of plaintiffs' counsel's repeated assurances to this Court -- both in writing and at the hearing before Magistrate Scheindlin on February 9 -- that they would pare down and prioritize their deposition requests, the conclusion is inescapable that their conduct with regard to Monsanto has worked a fraud on Monsanto and on the Court. Indeed, plaintiffs' new list is a creature of litigation tactics, not legitimate need. It is difficult to imagine a stratagem more disruptive of Monsanto's preparation for trial than an eleventh-hour odyssey of nationwide deposition defense. If plaintiffs really thought they needed -8- <** ' /v > twenty more Monsanto depositions, they would have taken them during the past two years. They chose not to take them. That was a litigation decision, an exercise of their counsel's discretion. Now they want to take them. This is a litigation ploy that the Court should not enforce. Judge Weinstein on prior occasions has, in light of the rapidly approaching trial, drastically reduced the number of depositions requested by the parties. For example, last November defendants requested 61 depositions of government causation experts. The Court, citing the "enormous amount of work" to be done in the time remaining before trial, limited the number to ten. See T r . of Hearing on November 21, 1983 at 65-67, 72-75, 77-78 (Exhibit H hereto). Similarly, last week plaintiffs proposed to take the depositions of scores of government contract officers. Judge Weinstein reserved decision on whether to allow any such depositions and made it clear that he would in any event permit only a few. See T r . of Hearing on February 15, 1983 at 39-40, 45 (Exhibit I hereto). The Court recognizes there is no time on the eve of trial for a large number of depositions -- all of which could have been taken months ago. The "catch up" program has ended, and there is no time for another. Moreover, based on our preliminary review, many of the twenty Monsanto witnesses plaintiffs now seek to depose have knowledge that, if relevant, is at best merely cumulative of that of the twenty-five Monsanto witnesses whom plaintiffs have already deposed. In -9- 1 JL *? QC f9/C*' 7i such circumstances, the Court should recognize plaintiffs' omnibus request for twenty more Monsanto depositions as the mere device that it is. Because plaintiffs' deliberately belated request is completely unjustifiable and very prejudicial to Monsanto's preparation for the now imminent trial, it should be denied in its entirety. At the very least, plaintiffs should be required to explain to the Court's satisfaction, for each of the twenty Monsanto witnesses, why he was not noticed for deposition last year or before, what information plaintiffs expect to obtain from him, and why they have not been able to obtain that information from their extensive discovery of Monsanto over the past three years. CONCLUSION For the reasons stated above, Monsanto's motion for a protective order should be granted. Dated: New York, New York February 21, 1984 Respectfully submitted. TOWNLEY & UPDIKE Attorneys for the Defendant Monsanto Company 405 Lexington Avenue New York, New York 10174 (212) 682-4567 -10- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - -- -------------------------------------x IN RE "AGENTORANGE" : PRODUCT LIABILITYLITIGATION : --------- ------------------------x Bound Fil MDL No. 381 SUPPLEMENTAL ANSWERS OF DEFENDANT MONSANTO COMPANY TO PLAINTIFFS' INTERROGATORIES TO DEFENDANTS __________ (FIRST WAVE)___________ To w n l e y & U pdi ke c h p y s le r Building <405 LEX IN G TO N A VEN U E N E W Y O R K , N. Y. 10 174 (21t2)el6e0p2h- o4n5e6 7 f2rt3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------- ----------------------x IN RE MDL No. 381 "AGENT ORANGE" : SUPPLEMENTAL ANSWERS OF DEFENDANT MONSANTO COMPANY PRODUCT LIABILITY LITIGATION : TO PLAINTIFFS' INTERROGATORIES TO DEFENDANTS (FIRST WAVE} ----------- ----------------- ---x Monsanto Company ("Monsanto"), in accordance with Pretrial Order No. 33 and Monsanto's February 11, 1981 Answers to Plaintiffs' "Interrogatories to Defendants (First Wave)," dated January, 1981 ("Plaintiffs' Interrogatories"), provides the following supplemental answers to Plaintiffs' Interrogatories. The supplemental answers consist of (1) lists of the names of present and past Monsanto employees who held managerial or supervisory positions prior to January 1, 1971, possess pertinent information, and are believed to be living; and (2) 13 schedules of additional Monsanto documents containing information responsive to one or more of the interrogatories. Each such Monsanto document is identified by a nine-digit number. Because of the overlapping nature of some of the interrogatories, some of the document schedules are responsive to more than one interrogatory. In an Appendix annexed hereto, the names of all Monsanto employees identified in response to the interroga tories are listed alphabetically, together with, for each, his 11330relevant job title or titles held prior to January 1, 1971 and, if he is not presently employed by Monsanto, his last known address. The documents identified herein have been segregated according to the 13 schedules and are available for inspection and copying at the offices of Monsanto's attorneys, Townley & Updike, upon reasonable notice. 11331 -2- ANSWERS INTERROGATORY NUMBER 2 Provide a table of organization of the answering Defendant Company setting forth the following: Interrogatory 2A A. The name and location of each division of the defendant responsible for or which participated in the design, production and sale to the United States Government of the herbicide known as Agent Orange for use in Southeast Asia including Vietnam during the period 1960 through 1971. Supplemental Answer to Interrogatory 2A See attached Schedules 1 and 3. Interrogatory 2B B. The name, address, telephone number, title and duties of every person employed by, under contract with or otherwise related to each Defendant who was responsible for, participated in or familiar with any of the following: Interrogatory 2B(i) (i) Negotiations and contract with the United States Government for the sale of the Agent Orange herbicide for use in Southeast Asia including Vietnam during the period 1960 through 1971, including, but not limited to all persons identified in or familiar with the matters stated in Defendants' Motions for Summary Judgment in this case and the documents referred to therein. 1 X r'>j.xrOj<y Supplemental Answer to Interrogatory 2B(i) Robert Baynard John Bush James Connaughton Donald Fischer G. H. Griffin P. N. Hoffman William J. McCarville Dan Middleton Robert Rumer Cecil H. Russell Milt Smid C. P. Zorsch Interrogatory 2B(ii) (ii) Design of the Agent Orange herbicide which was the subject of the government contract. Supplemental Answer to Interrogatory 2B(ii) Donald Cayard Tom Greenman Fred Matthews Donald Mayer William J. McCarville Dan Middleton Robert Rumer Cecil H. Russell D. B. Sharp m 333 -4- Interrogatory 2B(iii) (iii) The production of the Agent Orange herbicide which was the subject of the government contract. Supplemental Answer to Interrogatory 2B(iii) Rick Atkinson Philip B. Balderson Edmund Bauer Tom Boch John Boehm Carl Bohl Donald Cayard James Connaughton Eugene Cutwright Eugene Dotson Fred Edmonds Donald Fischer H. Maxwell Galloway Tom Greenman Robert M. Hamlett Paul Heisler Frank J. Helmer F. J. Holzapfel Peter Howell Hal Kirtley William A . Kuhn Arthur Leisy 5- Darwin E. Lewis Charles F. Luecke Fred Matthews Donald Mayer William J. McCarville Dan Middleton John Mullendore Roy Payne Homer Payton J . T . Pebworth Darrell Rainey Vernon L. Rhodes Robert Rumer Cecil H. Russell Herbert Sachs Carl Schumacher Robert Sido Ronald R. Smith Robert Soden James Springgate Ed Stewart Frank E. Take, Jr. Henry F. Trail William Udell H. E. Webb, Jr. Robert Webber 11835 Toby White Hill Williams Robert Yoder C. P. Zorsch Interrogatory 2B(iv) (iv) The state of the art and technology during the period of time when Defendants were under contract with the United States Government to supply the Agent Orange herbicide with respect to the formulation, design, manufacturing, method or process and production of the Agent Orange herbicide. Supplemental Answer to Interrogatory 2B(iv) See Supplemental Answers to Interrogatories Numbers 2B(ii), (iii) and (vii). Interrogatory 2B(v) (v) The risks of dioxin contamination associated with the design and production of the Agent Orange herbicide, the methods of dioxin control reduction or elimination and the costs thereof. Supplemental Answer to Interrogatory 2B(v) P. G. Arvan Rick Atkinson Philip B. Balderson Carl Bohl Owen E. Dolin 38.<O^vi-i -7- Jack D. Early Peter Howell R. Emmet Kelly Darwin E. Lewis William J. McCarville John Mullendore Roy Payne Vernon L. Rhodes Frederick L. Rupel Cecil H. Russell D. B. Sharp A. J. Speziale J. A. Stephans William Udell Elmer Wheeler Interrogatory 2B(vi) (vi) Warning to the United States Government, if any with regard to the matters stated in the preceding item (v). Supplemental Answer to Interrogatory 2E(vi) Monsanto presently knows of no representative who was responsible for, participated in or was familiar with warnings to the United States government with regard to the risks of dioxin contamination associated with Agent Orange, or the methods of dioxin control. However, R. Emmet Kelly communicated with government representatives concerning health (< a q H 11^0 -8- effects to workers exposed to 2,4,5-T and its precursors, and John Mullendore communicated with government representatives concerning the dioxin content of chlorinated phenols. Interrogatory 2B(vii) (vii) The manufacturing process proposed to be utilized or utilized in the production of Agent Orange. Supplemental Answer to Interrogatory 2B(vii) Rick Atkinson Philip B. Balderson D. E. Baldus Edmund Bauer Tom R. Boch John Boehm Carl Bohl Donald Cayard James Connaughton Eugene Cutwright Owen E. Dolin Eugene Dotson Fred Edmonds H. Maxwell Galloway Jack Garrett Tom Greenman Robert M. Hamlett L. P. Harich 38-a r\ JLiS -9- H. C. Heinem&n Paul Helsler Frank J. Helmer Peter Howell Darwin . Lewis Charles F. Luecke JD. Lynch Fred Matthews Donald Mayer William J. McCarville Dan Middleton John Mullendore R. L. Null Roy Payne Homer Payton J. T. Pebworth Wayne Phillips Vernon L. Rhodes James N. Roark Robert Rumer Frederick L. Rupel Cecil H. Russell Herbert Sachs V. N. Schrodt D. B. Sharp -10- Ronald R. Smith A. J. Speziale J. A. Stephans Ed Stewart Frank E. Take, Jr. Marrine A. Terpstra William Udell H. E. Webb, Jr. Robert Webber Toby White Robert Yoder INTERROGATORY NUMBER 3 Identify by name and last known address, and if retired so state and supply the last known address of each and every person, scientific, medical, or otherwise, retained by or known to this defendant or known by this defendant to have been retained by or known to any o-f the other defendants who has studied, evaluated, or reported or directly or indirectly communicated any findings referable to whatever effects were so found upon animals or human beings resulting from exposure, directly or indirectly, in the formulation, design, manufacture and production of phenoxy herbicides such as 2,4,5-Trichloro- phenoxy Aliphatics containing but not limited to the synthetic organic chemical 2,3,7,8-Tetrachlor Dibenzo p-dioxin (TCDD or "Dioxin") and other herbicides containing Polychlorinated 11340 -ii- F.J. HOLZAPFEL Director of Engineering, Queeny 12124 St. Clement St. Louis, MO 63131 PETER HOWELL Engineer, Nitro Monsanto R. Emmet KELLY Director, Medical Department 665 S. Skinker St. Louis, MO 63105 HAL KIRTLEY Shipping Superintendent, Nitro 835 Hughes Drive St. Albans, WV 25177 WILLIAM A. KUHN Superintendent, W.G. Krummrich 11915 Paradise Lane St. Louis, MO 63131 ARTHUR LEISY Guest Superintendent, W.G. Krummrich 3609 Tibet Drive Gulf Breeze, FL 32561 -5 .OU'4X. DARWIN E. LEWIS Engineering Supervisor and Assistant Technical Services Superintendent 3235 Bainburry Ct. St. Louis, MO 63129 CHARLES F. LUECKE Assistant Director of Manufacturing, Agricultural Division Monsanto D. LYNCH Senior Research Chemist and Research Specialist in process development and improvement, Queeny and W.G. Krummrich Monsanto FRED MATTHEWS Production and Operating Supervisor, W.G. Krummrich Monsanto DONALD MAYER Production Coordinator, W.G. Krummrich Monsanto WILLIAM J. McCARVILLE Director of Product Sales, Agricultural Division Monsanto DAN MIDDLETON Production Supervisor, W.G. Krummrich Monsanto Uti- -i.w Q 4 9 JOHN MULLENDORE Engineering and Technical Services Superintendent, W.C. Krummrich 1020 Grove Evanston, IL 60201 R.L. NULL Technical Services Department Engineer, Area Maintenance Supervisor and Technical Production Superintendent, Nitro Monsanto ROY PAYNE Head Operator and Building Foreman, Nitro Monsanto HOMER PAYTON Director of Manufacturing, St. Louis 1753 Haggin Grove Way Carmichael, CA 95608 J.T. PEBWORTH Operating Supervisor, Nitro Ethyl Asia Pacific Company 1 Science Centre Rd. 06-05 Unity House Singapore, 2260 WAYNE PHILLIPS Process Chemist and Manufacturing Supervisor, Nitro Monsanto -7- Q DARRELL RAINEY Foreman W.G. Krummrich 1070 Georgia Avenue Englewood, FL 33533 VERNON L. RHODES Production Supervisor, Nitro Monsanto JAMES N. ROARK Chief Analytical Chemist, Nitro Monsanto ROBERT RUMER Vice-President and General Manager, Agricultural Division 2620 Quail Hill Pittsburgh, PA 15241 FREDERICK L. RUPEL Supervisor of Product Quality, St. Louis Monsanto CECIL H. RUSSELL Director of Product Quality 46 Wingfield St. Louis, MO 63122 HERBERT SACHS Manufacturing Superintendent, W.G. Krummrich 4322 Stone Crest St. Joseph, MO 64505 -8- , -p 1. r^. ^ i-i V.N. SCHRODT Senior Research Engineer Monsanto CARL SCHUMACHER Operation Supervisor, Administrative Services and Production Scheduling Planning, Agricultural Division Monsanto D.B. SHARP Research Director, St. Louis Monsanto ROBERT SIDO Labelling Manager, St. Louis Monsanto MILT SMID Materials Handling and Packaging Engineering Specialist, W.G. Krummrich Monsanto RONALD R. SMITH Head Operator, Nitro Monsanto ROBERT SODEN Plant Manager, W.G. Krummrich Monsanto 11 -9- A.J. SPEZIALE Director of Research, Agricultural Division 311 Northumberland Redwood City, CA 94061 JAMES SPRINGGATE Plant Manager, Nitro 13060 E. Sunset Drive Los Altos Hills, CA 94022 J.A. STEPHANS Director of Research Monsanto ED STEWART Senior Engineer, W.G. Krummrich Monsanto FRANK E. TAKE, JR. Manufacturing Superintendent, Nitro 480 Hillbrook Dr. Ballwin, MO 63011 MARRINE A. TERPSTRA Research Group Leader, St. Louis 515 Andrews St. Louis, MO 63122 -10- I . _ O HENRY F. TRAIL Engineering Manager, St. Louis Box 239, Watson Hill Freedom, NH 03836 WILLIAM UDELL Research Chemist, Agricultural Division Monsanto H.E. WEBB, JR. Safety Director, Nitro 1141 New Hope Road Spring Hill, FL 33512 ROBERT WEBBER Assistant Director of Engineering, Agricultural Division Monsanto ELMER WHEELER Industrial Hygienist, St. Louis 110 Cool Springs Dr. Camden, SC 29020 TOBY WHITE Plant Engineer, Technical Services Department, Nitro 5015 Town Centre Dr. St. Louis, MO 63128 -li- 119 HILL WILLIAMS Engineering, Queeny Monsanto ROBERT YODER Senior Engineer, St. Louis Monsanto C.P. ZORSCH Product Supervisor, Agricultural Division Rt. 2 Box 30 Pacific, MO 63069 1 O. -LO'' 13 12- VERIFICATION STATE OF MISSOURI ) ) ss.: COUNTY OF ST. LOUIS) _ J. R. Bley, Jr., being duly sworn, deposes and says that he is an assistant secretary of defendant Monsanto Company, a corporation; that he has read the foregoing Supplemental Answers of Defendant Monsanto Company to Plaintiffs' Inter rogatories to Defendants (First Wave) and is familiar with the contents thereof; that deponent is without personal knowledge of the matters stated in the foregoing Supplemental Answers, and is informed and believes that no officer or employee of Monsanto Company has personal knowledge of all such matters; that the foregoing Supplemental Answers have been assembled by authorized employees and counsel of Monsanto Company, who have informed deponent that the foregoing Supplemental Answers are true; and that to the best of deponent's knowledge those Supplemental Answers are true. Sworn to before me this day of July, 1982 VIIlGJNiA SGHRGEDER "OTARY PUBLIC. STATE OF M IB S O IM I MY COM M ISSION EXPIRES 8 / 2 3 / J. R. Bley, Jr 119 UNITED STATES DISTRICT COURT 1 2 EASTERN 01STRICT OF NEW YORK 3 In re: 4 AGENT ORANGE" 5 Product Liability Litigation 6 7 X : X MDL No. 381 3 United States Courthouse Uniondale, Long Island 9 New York 10 September 7, 1983 11 1:30 o'clock P.M. 12 13 U BEFORE: 15 HONORABLE SOL SCHREIBER, Special Master 16 17 18 19 20 21 HENRY SHAPIRO 22 HARRY RAPAPORT OffTcTal Court Reporters 11S5023 24 25 6401 1 2 APPEARANCES : 3 4 YANNACONE 4 YANNACONE, ESCS. 5 Post Office Drawer 109 Patchogue, New York 11772 6 BY: VICTOR J. YANNACONE, ESQ. 7 .8 9 10 Plaintiffs' Management Committee: 11 IRVING LIKE, ESQ. 12 13 14 15 16 ASHCRAFT 4 GEREL, ESQS. 17 2000 L Street, N. W. Washington, 0. C. 20038 18 BY: ROBERT A. TAYLOR, JR., ESQ. 19 20 21 22 23 continued -- 24 1I35 25 1 6402 2 A P P E A R A N C E S : (continued) 3 4 RIVKIN, LEFF, SHERMAN & RADLER, ESQS. 5 Attorneys for Defendant Dow Chemical 100 Garden City Plaza 6 Garden City, New York 11530 7 BY: LEONARD RIVKIN, ESQ. MARJORIE MINTZER, ESQ. 3 STANLEY PIERCE, ESQ. ROBIN STALBOW, ESQ. 9 10 11 12 13 CADWALAQER, WICKERSHAM & TAFT, ESQS. Attorneys for Defendant Diamond Shamrock U One Wall Street New York, New York 10005 15 BY: WENDELL B. ALCORN, JR.,ESQ. l MICHAEL M. GORDON, ESQ. JEANNE P. BOLGER, ESQ. 17 18 19 20 TOWNLEY & UPDIKE, ESQS. Attorneys for Defendant Monsanto Company 21 405 Lexington Avenue New York, New York 10017 22 BY: PHILIP PAKULA, ESQ. 23 JOHN C, SABETTA, ESQ. JAMES E. TYRRELL, ESQ. 24 25 continued... Ea s t s im n T c n jT rr m ir a r ie B ^ B r n r S403 1 2 A P P E A R A N C E S : (continued) 3 4 CLARK, GAGLIARDI & MILLER, ESQS. 5 Attorneys for Defendant T. H. Agriculture & Nutrition Co., Ic. 6 The Inns of Court 99 Court Street 7 White Plains, New York 10607 3 BY: MORTON SILBERMAN, ESQ. JOHN J. BURKE, ESQ. 9 10 11 12 KELLEY, DRYE & WARREN, ESQS. 13 Attorneys for Defendant Hercules, Inc. 101 Park Avenue 14 New York, New York 10178 13 BY: PATRICIA TUOHEY, ESQ. 16 17 18 ARTHUR, DRY & KALISH, P.C. 19 Attorneys for Defendant UniRoyal 1230 Avenue ofthe Americas 20 New York, New York 10020 BY: THOMAS A. BECK, ESQ. 21 MARILYN NEIMAN, ESQ. 22 23 continued -- 1105324 25 1 2 A P P E A R A N C E S : (continued) 3 4 SHEA, GOULD, ESQS. Attorneys for Defendant UniRoyal 5 330 Madison Avenue New York, New York 10017 BY: RICHARD GOLDSTEIN, ESQ. 7 6404 8 9 10 BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM, ESQS. 11 Attorneys for Defendant Thompson Chemicals 33 Washington Street 12 Newark, New Jersey 07102 13 BY: EDWIN R. MATTHEWS, ESQ. 14 DAVID GROSS, ESQ. _ 15 16 17 UNITED STATES OF AMERICA Civil Division, Department of Justice 18 521 12th Street, Northwest Rnom 822 19 Washington, D. C. 20530 20 BY: ARVIN MASKIN, ESQ. 21 22 conti nued... 23 24 LX1 \oJ c: <J 25 eastern district co ur t reporters  2 3 A P P E A R A N C E S : (continued) 4 5 ALSO PRESENT: 6 JOY BEANE, ESQ. 7 Assistant to Special Master 8 9 i 10 n 12 oOo 13 14 15 16 17 18 19 20 21 22 23 24 25 6505 O P*' boe> 1 6468 time to complete 1t. There were a number of 2 3 problems that have arisen and there were some additional documents and counsel saw f i t In good 4 5 faith to continue the discovery. However, I do believe that It Is necessary 6 7 to give the plaintiffs some opportunity to conduct some deposition discovery. And I recognized that 8 9 earlier 1n the proceedings plaintiffs have Indicated that they were ready to go to trial 10 and that they did not need any other discovery 11 12 on the government contract defense, but with the 13 summary judgments and with the enlargement of the 14 case taken Into account the Issue of general causation, I did not view the earlier statements 15 by the plaintiffs that they had completed 16 discovery as meaning that they could not 17 18 continue to make that discovery now. My guess Is that they must have conducted 19 20 to date maybe five or ten depositions of all defendants on government contract defense and, 21 22 frankly, while I recognize counsel for the defense continually raise that Issue, I find 1t 23 holds no merit that we have waived. 24 It should be also noted that a number of 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST i in iro i job 1 6478 MR. RIVKIN: I have no problem with that. 2 The other problem I have, for clarification, 3 s ir , Is you are saying we cannot conduct 4 depositions other than affirmatively more than 5 one week a month? 6 SPECIAL MASTER: Yes. 7 MR. RIVKIN: Is there a reason for that? 8 SPECIAL MASTER: Yes. 9 The reason 1s you conducted fifteen months 10 of depositions. 11 12 MR. RIVKIN: Not one week on l i a b ili t y or causation. 13 SPECIAL MASTER: You will get Into 1t. 14 At this stage I want to give the plaintiffs 15 catch up time. We have on-ly been taking defendants' 16 depositions of government witnesses. 17 MR. RIVKIN: I am throwing these out 18 not necessarily -- 19 SPECIAL MASTER: Incidentally, I don't 20 what the discovery 1s on misuse and causation yet 21 22 as far as the defendants, because I have given them additional time to prepare their briefs 23 on that. 24 MR. PAKULA: That's misuse. 25 eastern district c o u r t reporters 11-iw Jl- Vy <* UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST 6483 1 2 1t. 3 SPECIAL MASTER: Not any longer. It Is 4 already past September 1st now. September 1st was the new horizon, so to speak. We were going 5 to take another approach. 6 MR. RIVKIN: Then I take H you will 7 entertain document requests from the Government? 8 SPECIAL MASTER: By all means. 9 I would prefer to get that as soon as possible. 10 But not only on the Issue of causation. 11 MR. RIVKIN: Liability also? 12 SPECIAL MASTER: The Issue of misuse. 13 MR. RIVKIN: Very definitely, yes, sir. 14 MR. PAKULA: A question, sir. 15 SPECIAL MASTER: Yes. 16 MR. PAKULA: On the fourth week, what are 17 the limits, 1f any, on how many depositions 18 the defendants can take on each of those weeks? 19 You may have said that. 20 SPECIAL MASTER: No, I didn't. But I 21 would think somewhere 1n the area of three or 22 four. 23 MR. PAKULA: Three or four depositions? 24 SPECIAL MASTER: Yes. 25 1 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 6484 1 2 MR. PAKULA: A week? 3 SPECIAL MASTER: Yes. 4 MS. MINTZER: A week? 5 SPECIAL MASTER: Yes. MR. RIVKIN: There are twelve to fifteen, sir, 6 7 going -SPECIAL MASTER: Yes. I want the plaintiffs 8 9 to have a l i t t l e catch up time. You have had 160 depositions. We are not going to trial 10 in October or November. 11 12 MR. SILBERMAN: What 1s the first date 13 of depositions? 14 SPECIAL MASTER: September 22nd. 15 MR. SILBERMAN: That's a Thursday? 16 17 SPECIAL MASTER: No, 1t is not. MR. SILBERMAN: Then you have the wrong date. 18 SPECIAL MASTER: The 26th, I'm sorry. 19 MR. SILBERMAN: All right. SPECIAL MASTER: Now, one further addition. 20 21 22 If counsel cannot agree on witnesses for the fir s t few weeks, I expect to meet with them next week and resolve the disputes. 23 MS. MINTZER: Special Master, may I ask 24 a question on PSAC witnesses? Where will they 25 eastern district court reporters UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST ji ~ DAVID JOHN DEAN ANTHONY J. FALANOA JOSEPH COVELLO NORMAN ROSE JOSEPH M . REYNOLDS MONROE FMK Sbcvnr Sdarvpa/ COUNSELLORS AT LAW ONE OLD COUNTRY ROAD CARLE PLACE. NEW YORK 11514 September 27, 1983 (818)248-0688 (818)741-4411 (212)149-4114 BY HAND Townly & Updike, Esqs. 405 Lexington Avenue New York, New York Re: Agent Orange Product Liability Litigation MDL #381 Attention: John Sabetta, Esq. Dear John: The following is a partial list of those past and present Monsanto employees whom we now wish to depose: Past: Robert Rumer A. J. Speziale Frank E. Take, Jr. Elmer Wheeler Peter G. Arvan Paul N. Hoffman R. Emmett Kelly, M.D Present: Vernon L. Rhodes D . B . Sharp J. A. Stephans Owen E. Dolin Unknown: James Springgate Jack D. Early J. L. Sims John Mason George Kempson J. C. Strum Eugene Cutright Li E. Dotson L. T. Webber With professional respect, we remain, Very truly yours, DJD:at 11880 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEK YORK In re "AGENT ORANGE" Product Liability Litigation * MDL No. 381 * Judge Jack B. Weinstein PLAINTIFFS' RESPONSE TO PARAGRAPH NO. 7 OF THE MAGISTRATE'S PRETRIAL ORDER NO. 1 The undersigned, Stephen J. Schlegel, member of the Plaintiffs' Management Committee, submits the following names of witnesses which the Plaintiffs may wish to be deposed in conformity with Paragraph No. 7 of the Magistrate's Pretrial Order No. 1. PRELIMINARY STATEMENT The undersigned received the Magistrate's Pretrial Order No. 1 on Tuesday, February 7, 1984. The list which follows is the result of compiling the names of witnesses and/or departments and organi zations who either have not been previously deposed at all or who have not been deposed on causation issues. It contains approxi mately 200 prospective witnesses. Although Plaintiffs wish, in conformity with the Order, to be able to supplement this list with additional witnesses as they become known, Plaintiffs also wish to advise the Magistrate that they believe that discovery will only of necessity be but a fraction of the total number shown hereafter. The undersigned estimates that deposition discovery should not exceed one-half and perhaps will not exceed any more than one-quarter of the total number of witnesses listed. We request 7 to 10 days additional time to provide the Magistrate with a list of priority witnesses from this number. The Magistrate should know that the first nine witnesses listed are shown in conformity with the Court's prior wishes regarding the names of up to ten Government causation witnesses the Plaintiffs wish to depose. It is not anticipated that any reduction in the number of those witnesses' depositions will be effectuated. Plaintiffs acknowledge that by their calculations there are approxi mately sixty normal working days available for the purpose of taking depositions between the time of this submission and the commencement of trial. They also submit to this Court that they have previously demonstrated their ability to engage in a multiple-track deposition schedule. They represent to this Court that they continue to be able to appear at multiple depositions in a variety of locales on the same day and in successive days and that they have the ability to complete the discovery they need to be ready for trial on May 7, 1984 . The names of witnesses are as follows: Debdas Mukerjee, EPA - D.C. Philip J. Landrigan, CDC, NIOSH Janet Springer, EPA - D.C. Vernon N. Houk, CDC - Atl. James Mason, CDC - Atl. Dr. Diane Courtney, EPA - D.C. Peter Infante, NIOSH - D.C. Umberto Saffiotti, NCI - D.C. f t Q P O Donald Barnes, EPA - D.C. MONSANTO WITNESSES Contracting officers - Richmond, Virginia: Edward E. Adams W. B. Bells William Blumenauer John Blish George Collins Val K. Gaertner Jesse Gershberg George Kline Frank Lemak Francis 0. Panneton L. P. Seitz R. D. Thompson Monsanto inspectors - St. Louis region: Ten Eyck R. D. Fisher Me McCalley Roy Meyers N. Wirz R. Wright Monsanto employees: Robert E. Baynard S. S. Daniels W. J. McCarvelle Lapin 0. Scott Tom K. Smith John S. Sullivan Charles Zorsch Miscellaneous witnesses: Johnston Chemical Laboratories, Des Moines, Iowa Dr. Oettel UNIROYAL, INC. WITNESSES I. Government witnesses - Defense General Supply Center - Richmond, Virginia: William Fenner H. G. Fredericks William Kidd II. Defense Contract Administration Service Office: F. H. Placet (Process inspector) A. Matasauage - Industrial Specialist M. Dojny - Quality Assurance Rep. (Chemical inspector) A. W. Glenn - Preservation Packing Specialist J. F. O'Connor - Transportation officer Harold A. Lloy - Administration Contracting officer W. Maloney - Transportation officer Wayne Vandervendor - Specialist for Technical Orange Orange Herbicides. -4- 1 o^ HERCULES' WITNESSES I. Hercules' employees: J. G. Copeland C . L . Dunn J. R. Fisher Thomas R. Hunt Rafael H. Huston A. E. Sidwell A. L. Treisback H. E. Wilder R. T. Yates II. Defense Personnel Supply Center - Contracting officers: Government witnesses Thomas P. Dalby Jacob L. Bolton Ellis Cash J. R. Mallet J. M. Kirgis L. K. Woolfolk J. E. PallardI. Donald Elmore W. Schuback L. A. Pardee J. G. Charlton E. D. Baumgartner P. R. Little L. E. Faist III. Miscellaneous witnesses: Dr. L. L. Danielsson, NACA Otis Fancher, Industrial Biotests Laboratories G. Holsing, Hazelton Laboratories J. Klingman, NACA -5- .ISS5 HERCULES' WITNESSES - CONT. III. Miscellaneous witnesses: Paul Mayfield, NACA Charles E. Minarick, U.S. Army - Chemicals Biologies William Lee Popham - U.S.D.A. Mitcher Zavon - University of Cincinnati IV. Depositions Duces Tecum of the Custodian of Records of the following facilities: NACA - National Agricultural Chemicals Association, Washington, D.C. Bionetics Research Laboratories, Methesda, Maryland Hazleton Laboratories, Falls Church, Virginia Industrial Biotests Laboratories, Illinois Jacksonville Arkansas Laboratories -6- T-H AGRICULTURE & NUTRITION CO. WITNESSES I. Government witnesses: Edward E. Adams, St. Louis, Missouri A. A. Block, Kansas City, Missouri James E. Bowers, St. Louis, Missouri Charles Dilley, Kansas City, Missouri A. A. Pello, Kansas City, Missouri L. W. Stenzel, Kansas City, Missouri Frank W. Kleman, St. Louis, Missouri Joseph W. Fowler, Kansas City, Missouri A. Y. Kistner, Kansas City, Missouri K. M. LeFever, Kansas City, Missouri Employees : R. E. Ballinger Bob Brooks George Carmack Dale Carpenter L. S. DeAtley Mr. Damaunas Bill Schirley Art Wilson John Ferris Bob Greer Jack Hallen John Hughes Bill Kates Dr. Charles Lewis Bill Sulzen Gary Linderman Sam Long Bob Mayer Bob Perry Harold Page Chet Roberts Tom Terlly -7- r THOMPSON- '-- CHEMICAL COMPANY __ WITNESSES I. Employees: John Mayer Leo Crivello D. Halleck Cecil McGill James Reagan F. Vargas II. Government witnesses: Director Commander, DCSR - St. Louis, Missouri Director of Procurement and Production - Defense General Supply Center - Richmond, Virginia III. Miscellaneous witnesses: Kosciusko Medical Clinic - St. Louis, Missouri Dr. Earnest Velasco Dr. A. J. Reichas Dr. Raymond Simpson* American Mutual Liability Insurance Company St. Louis, Missouri Custodian of Records - Division of Worker's Compensation Dept, of Labor and Industrial Relations Jefferson City, Missouri - Local office, St. Louis, MO. Mr. Jack Randall 11888 -8- DIAMOND-SHAMROCK WITNESSES I. Diamond-Shamrock employees: J. 0. King Lex Creamer Howard E. Edison S. B. Honour David J. Ponter Cy Perkins J. J. Lusardi Melvin Hochberg R. F. Lindeman John J. Brennan Peter Celli William Goodloe Harry E. Klepp Milton Rosenfeld II. Government witnesses: M. Isele, DCAS - contracting officer J. K. Murphy, Chief - Contracts branch E. R. Sabala, DCAS - contracting officer R. J. Schlesinger - Transportation officer I. Wolin, DCAS - Cleveland, Ohio -9- 1 DIAMOND-SHAMROCK WITNESSES - CONT. II. Government witnesses (Cont.) Inspector, DCASRO - Contracting officer Schenectady Army Depot Petroleum Division Schenectady, New York Chief DSASD - Newark 240 Route 22 Springfield, New Jersey 07081 Commander, DCASR Contracting officer 1367 E. 6th Cleveland, Ohio -10- DOW WITNESSES I. Dow employees: George E. Lynn Paul Orrefice Ray Holmes R. D. Wilcox Ross Mulholland Larry G. Silverstein H. R. Hoyle Julius Johnson V. K. Rowe Patricia Keeler G. Goergen Chester Otis S. E. Sadek F. H. Riley R. N. Smiley L. B. Grant C. 0. Hutchenrenther F. C. Amstutz D. E. Pletcher W. L. Corbin D. D. Irish J. C. Tucker J. W. Harris E. C. Staehling K. Y. Hansen R. C. Hoff W. J. McCoy K. C. Barrons Joseph Temple Earl Farnham W'ade VanValkenberg Roy Van Horn Fred Chase Harold DeLong C. A. Highhill J. L. Spalding Dr. Keith Barrons, retired 14? W. Bay Cove Holmes Beach, FL K. Y. Hanson, retired Ocala, FL Sam Birkman John Barber 11371 DOW WITNESSES (CONT.1 II. Government witnesses: Inspection Commander, DSACR Detroit, Michigan George C. Slagle, Jr. - Contract Administrator August Barbarine J. L. Brinser, Middleton, PA Welton Bills - Defense General Supply Center John Boyce - Defense General Supply Center Brigadier General John D. Hines Edward R. Killam R. G. Knott - DSACR Inspector C. E. Raub - Middletown, PA Hon. Richard M. Nixon - Former President of the United States John Baldeschweiler (continuation of deposition) The aforesaid list is submitted in accordance with the terms of the Magistrate's Pretrial Order No. 1 and is subject to the repre sentations and requests contained in the preamble first above written. Respectfully, -12- 1 0 7 9161 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X In re: : "AGENT ORANGE" : PRODUCT LIABILITY LITIGATION X MDL No. 381 United States Courthouse Brooklyn, New York February 9, 1984 3:00 o'clock p.m. Before : HONORABLE SHIRA SCHEINDLIN, Magistrate HENRY SHAPIRO JOSEPH BARBELLA SHELDON SILVERMAN OFFICIAL COURT REPORTERS EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 11373 1 2 PLAINTIFFS' MANAGEMENT COMMITTEE 3 DAVID DEAN, ESQ. STEPHEN J. SCHLEGEL, ESQ. 4 5 9it; 7 6 RIVKIN, LEFF, SHERAN & RADLER, ESQS. 7 Attorneys for Dow Chemical 100 Garden City Plaza 8 Garden City, New York 11530 9 BY: MARJORIE MINTZER, ESQ. Of Counsel 10 11 12 CADWALADER, WICKERSHAM & TAFT, ESQS. 13 Attorneys for Defendant Diamond Shamrock 1 Wall Street 14 New York, New York 10005 15 BY : MICHAEL M . GORDON,'ESQ . GRANT HERING, ESQ. 16 JOSEPH SCHIAVONE, ESQ. Of Counsel 17 EDWARD J. MASEK, ESQ. 18 Counsel for Diamond Shamrock 19 TOWNLEY & UPDIKE, ESOS. 20 Attorneys for Defendant Monsanto Conoany 21 405 Lexington Avenue New York, New York 10017 22 BY: PHILIP PAKULA, ESO. 23 JOHN C. SABETTA, ESQ. JAMES E. TYRRELL, ESQ. 24 EDWARD FERGUSON, ESQ. Of Counsel 25 X i.,, i j 1 APPEARANCES : 2 3 4 SHEA, GOULD, ESQS. Attorneys for UniRoyal 5 330 Madison Avenue New York, New York 9i GC, 6 BY: MEGAN LESSER LEVINE, ESQ. Of Counsel 7 8 9 BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM, ESQS. Attorneys for Defendant Thompson Chemicals 10 33 Washington Street Newark, New Jersey 07102 11 BY: EDWIN R. MATTHEWS, ESQ. 12 DAVID GROSS, ESQ. WILLIAM J. MARCONI, ESQ. 13 SUSAL OLNEY, ESQ. Of Counsel 14 15 UNITED STATES DEPARTMENT OF JUSTICE 16 Civil Division 17 BY: GRETCHIN WITT, ESQ. Special Attorney 18 19 Also present: 20 JOY BEAN, ESQ. 21 Assistant to Special Master 22 23 24 11875 25 1 2 APPEARANCES : 3 4 CLARK, GAGLIARDI & HILLER, ESQS . 5 Attorneys for Defendant T.H. Agriculture & Nutrition Co., Inc. 6 The Inns of Court 99 Court Street 7 White Plains, New York 10607 8 3 Y : JOHN J. BURKE, ESQ. Of Counsel 9 10 11 KELLEY, DRYE & WARREN, ESOS. 12 Attorneys for Defendant Hercules, Inc. 101 Park Avenue 13 New York, New York 10178 14 BY: WILLIAM A. KROHLEY, ESQ. PATRICIA TUOHEY, ESQ. 15 Of Counsel 16 17 18 ARTHUR, DRY & KALISH, P.C. Attorneys for Defendant UniRoyal 19 1230 Avenue of the Americas New York, New York 10020 20 BY: THOMAS A. BECK, ESO. 21 MARILYN NEIMAN, ESO. Of Counsel 22 23 24 25 9iti' 11376 9200 1 MR. DEAN: While we are on the topic, can we just 2 go into it a little further. 3 THE COURT: Sure. 4 MR. DEAN: Your Honor has outlined one hopeful 5 ground. And that's five days. THE COURT: From the day after they are served 6 7 with a notice, yes. MR. DEAN: But I am still troubled by -- and when 8 9 I see the unlimited nature of the proposed deposition, and, your Honor -- 10 THE COURT: On both sides. 11 MR. DEAN: Your Honor understands and considers 12 13 if this is done and we are here -- that we may not 14 be allowed and then we would have to apply for other names. Other names, you know, that would be an 15 inevitable result of a request. But I am sure that 16 these will be pared down. I know ours will. And I 17 must, be forthright with your Honor and tell you that 18 there are more names here than we are going to call. 19 20 We are just fearful of not using the one or two that -- THE COURT: We could get a duplicate set of books 21 22 if you will give me the real list. MR. DEAN: There isn't any real list. Every one 23 of the names that we have submitted are valid names. 24 But what we are saying -- 25 J --Af- X5 ^ -/y / eastern district c o u r t reporters UNITED STATES DISTRICT COURT 9211 1 the treating physicians. We were very clear. We heard 2 you say that you have the right to add to these. 3 We expect they may have to do so. But the treating 4 physician -- this is the list that we have. We have 5 taken them all. We may pair that one down, but the 6 rest are absolutely -- 7 THE COURT: I am glad you brought me back. I 8 hadn't known in the past that there had been a preferred 9 and not preferred list. I suggested the same thing. 10 I like the idea. I would ask that the plaintiff do 11 that without any fear or risk of notice or preclusion. But just to give the notice of who the must do list 12 13 is and then -- 14 HR. SCHLEGEL: We have our own preamble to that. 15 It's within seven to ten days. 16 THE COURT: Great. Within seven to ten days. 17 Is that acceptable to the defendants. 18 MR. SCHLEGEL: We refer to it as a priority list. 19 THE COURT: Great. The second list, you will get them. 20 MR. SCHLEGEL: Yes. 21 22 THE COURT: Great. MS. MINTZER: And the cutoff date as of now for 23 the deposition of the defendant's witnesses is 24 March 30th. 25 11378 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 9214 1 counsel will in fact on five day's notice present any 2 one of these people who is available to go to two or 3 three tracks just on the one defendant. 4 THE COURT: Sure. 5 MR. SCHLEGEL: I can take 90 in March alone. 6 THE COURT: Well -- 7 MR. SCHLEGEL: I can do that. 8 THE COURT: It's not a boast. He may have to 9 take 90 in March alone. I think that is a reality. 10 Well, is there any possibility to get us that 11 priority list? But if you could, and since we are 12 having -- 13 MR. SCHLEGEL: I am going to have it for the 14 meeting on the 15th. 15 THE COURT: That's the most we can ask. 16 MS. MINTZER: If we could have it before the 17 meeting, then we can deal with it at the meeting. I 18 can't argue about a list of 35, and apparently it is 19 a meaningful list -- 20 THE COURT: No. You know it's 35. You can find 21 out who they are when he comes in with the priority 22 list. Then you can do it on the spot. You will have 23 the big list to work with. 24 MR. SCHLEGEL: I think you have one thing that 1?"7325 is apparent as to what we did and what they did. They Ea s t e r n district c o u r t r e p o r t e r s UNITED STATES DISTRICT c o t tot 9 921b 1 are giving an essential list, but they are telling 2 you that I 've got the right to take 200 more. I am 3 giving 200 more and even maybe a couple of more as 4 an inclusion and saying I want to cut it down to a 5 quarter or to a half of that. It's just a difference 6 of approach. 7 THE COURT: Okay. I appreciate that, Mr. Schlegel. 8 And I hope that you are wrong about the defendants. 9 Is there any thought you are going to have 200 10 more or are you talking about a small addition where 11 needed? 12 MR. SCHLEGEL: I am just suggesting -- 13 MR. KROHLEY: I haven't reviewed this list from 14 top to bottom. I am familiar with most of the names 15 on it. I think one thing you have to bear in mind 16 is that we were really beginning to try six cases. 17 Six cases which have just been identified not that 18 long ago. We are getting into complicated medical 19 and scientific issues. Ordinarily you have use to do what we are trying to do in a period of months. 20 21 THE COURT: I know that. 22 MR. KROHLEY: We are serious and I am agraid that 23 the -- 24 THE COURT: But my question is, I said you could 25 make additions. Dow expects them to be fast or just Ea s t e r n district c o u r t r e p o r t e r s UNI-TnEDr iSDTUATAEMS DISTRICT Dl A7 A B COURT ACT STEPHEN J. S c III. KOKL Dean H. Thakklkt Iva R. A z m i s A.S t e v e n P. P o i.ic k J ames Ro m a n y a k ScHi.RORt. 6 c T r a i ' e l e t . L t d . A t t o r n e y s at Law One North La Salle Street C hicaoo. Illinois G0G02 February 13, 1984 t*?- ikit-, ti -i v r Suite oikxi O) ras-ioai Honorable Shira Schneindlin Magistrate & Special Master United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Re: In re "Agent Orange" Product Liability Litigation - MDL No. 381 Dear Magistrate Scheindlin: In conformity with the representation made by the Plaintiffs to you at the hearing he d on February 9, 1984, we are tendering the following as our preliminary list of our priority witnesses. Plaintiffs wish to depose: Debdas Mukerjee, EPA - D.C. Philip J. Landrigan, CDC, NIOSH Janet Springer, EPA - D.C. Vernon N. Hok, CDC - Atl. James Mason, CDC - Atl. Dr. Diane Courtney, EPA - D.C. Peter Infante, NICSH, D.C. Umberto Saffiotti, NCI - D.C. Donald Bames, EPA - D.C. -Ii7Lo 81 DIAMOND-SHAMROCK WITNESSES I. Diamond-Shamrock employees : David J. Porter S. B. Honour J. 0. King Melvin Hochberg Howard E. Edison Lex Creamer (Would like to depose, but unable to locate) II. Government witnesses : M. Isele, DCAS - Contracting officer J. K. Murphy, Chief - Contracts branch E. R. Sabala, DCAS - Contracing officer I. Wolin, DCAS - Cleveland, Ohio DCASR - Commander Contracting officer 1367 E. 6th Cleveland, Ohio -2- 4ij DOW CHEMICAL COMPANY I. Employees: George E. Lynn Julius Johnson H. R. Hoyle Ross Mulholland Larry G. Silverstein Ray Holmes R. D. Wilcox V. K. Rowe G. Goergen Paul Orrefice Sam Birkman John Barber Joseph G. Temple, Jr. Etcyl H. Blair David L. Rooke -3- 11883 HERCULES' WITNESSES I. First priority list : C . L . Dunn T. Eagon A. E. Sidwell A. L. Triesback H. E. Wilder II. Second priority list : J. G. Copeland Rafael H. Huston Charles E. Minarick, U.S. Army - Biochemical Custodian of Records of NACA - National Agriculture Chemicals Association, Washington, D.C. Custodian of Records of Bionetics Research Laboratories, Bethesda, Maryland III. Third priority list : Otis Fancher, Industrial Biotests Laboratories Custodian of Records of Industrial Biotests Laboratories, Illinois R. T. Yates Custodian of Records of Hazleton Laboratories, Falls Church, Virginia 11384 HERCULES' WITNESSES cont. Defense Personnel Supple Center - Contracting officers Government witnesses Donald Elmore Thomas P. Dalby Jacob L. Bolton Ellis Cash MONSANTO WITNESSES Charles Luecke John Mullendore Carl Bohl Phillip Balderson Homer Payton Frederick L. Rupel Ronald R. Smith R. L. Payne Tom K. Smith Richard Wallace, M.D. Nel Putzel Louis Schwartz Robert R. Rumer (Recall) U. L. Sims R. L. Null Toby White Howard Minkler E. Weger Nick Machacrola Paul Ekberg Jim Starrett Bruce Ely MONSANTO WITNESSES cont. II. Contracting officers - Richmond, Virginia : John Blish George Collins Jesse Gershberg III. Monsanto inspectors - St. Louis.region : Ten Eyck R. D. Fisher M. McCallev Roy Meyers N. Wirz R. Wright 11887 -7- THOMPSON CHEMICAL COMPANY WITNESSES Employees : John Mayer Leo Crivello D. Halleck Cecil McGill James Reagan F. Vargas II. Government witnesses : DCSR, Director Commander - St. Louis, Missouri III. Miscellaneous witnesses: Dr. Earnest Velasco Kosciusko Medical Clinic St. Louis, Missouri American Mutual Liability Insurance Company St. Louis, Missouri 1 6470 2 point 1s that the witnesses will be prepared and 3 then discovery will take place. 4 As far as documents are concerned, I am 5 assuming that all probative documents have 6 been exchanged. And 1f they have not, and 7 subsequent documents appear, then 1t may be necessary to take subsequent follow up depositions. 8 9 But 1n that case, it should not be too much trouble. 10 It 1s my proposal that beginning 11 12 September 22nd, and for a period of three to four 13 months thereafter, 1n order to balaoce the scales 14 on depositions that have been taken to date, 15 the p laintiffs will take depositions of defendants, 16 three times a week, three weeks out of four. 17 The fourth week defendants will take 18 continued depositions on the Issue of causation 19 or any other Issue they wish to pursue. If counsel are unable to agree on the 20 21 witnesses to be produced on specific dates, 22 then the Special Master will direct those witnesses 23 after hearing both sides or alternative witnesses. 24 These depositions will take place 1n 1188925 New York, unless counsel on both sides - - that 1s Eastern district court reporters UNITED STATES .DISTRICT COUIT 6471 counsel for the p la in tiff and the defendant who 1s producing the witness -- reach an agreement as to a place other than New York City or Long Island. If counsel for the witness defendant and counsel for the p la in tiff, agree on a place other than New York City, all other counsel must attend wherever 1t 1s held. That 1s defendant counsel who 1s not producing the witness may not 11 raise an Issue of Inconvenience. These depositions will take place 1n the 12 office of the defendant's counsel, who 1s producing 13 the witness, unless there Is agreement by 14 both sides. 15 Documents need not be listed prior to the ' 16 deposition, although I would encourage p la in tiffs' 17 counsel to do so. I would not require 1t of 18 party witnesses. 19 Depositions will la st for one day 20 21 unless there be good reason to continue the 22 deposition for more than one day. I recognize that some depositions went 23 on for longer than one day and then there was 24 earlier depositions, and then there were arguments 25 11S90 eastern district c o u r t reporters UNITED STATES DISTRICT COURT 323 CADMAN PLAZA EAST 6472 1 2 and questions. 3 I do believe that most depositions can 4 be completed 1n one day. I am not saying that these 5 will all be completed 1n one day, but most of them 6 will. 7 If counsel wishes the Special Master to be present, either counsel, I will try to do so. 8 9 But I will exercise my discretion. And If I cannot be present, I will be In telephonic communication. 10 11 With respect to PSAC witnesses I would 12 expect that the Government will advise me 1n ten 13 days as to how many of the PSAC witnesses 1t 14 contacted and how many are prepared to sign 15 affidavits that they have no knowledge relevant to 16 the Issues 1n dispute. 17 And those who Indicate to counsel that 18 either they cannot sign the affidavit or they 19 do have some knowledge, those witnesses -- those names of those witnesses would be 20 21 Immediately given to p la in tiffs' counsel and 22 defendants' counsel and arrangements will be made 23 to take those depositions. 24 Deposition schedule will start on September 11S9125 22nd. On that day, each defendant -- there are Ea s t e r n district c o u r t reporters UNITED STATES DISTRICT COURT 1 6473 2 five at the present time -- will be required to 3 produce a witness either agreed to by counsel, 4 or 1f agreement cannot be made, the Special 5 Master will be consulted.. Those depositions will go on concurrently, 6 7 three a week, each defendant producing one witness. 8 If for some reason there 1s agreement between 9 counsel -- for good reason I should say -- 10 that the depositions will be only limited to two Instead of three, then counsel will advise me 11 and I will have to give you permission to do so. 12 13 Counsel for the defendant will advise me 14 at least two weeks - - three weeks beforT- the 15 week It Is scheduled, which witness they want 16 to take and we will set up a schedule. 17 The depositions will not be limited to 18 government contract defense unless there Is an 19 agreement about the'11m1tat1on of the class action. They will extend to the Issues of general 20 21 22 causation. Questions that will be disputed will be 23 brought to the Special Master's attention. That 1s the Special Master's recommendation 24 on discovery. I will te ll counsel that I reviewed 25 eastern district c o u r t reporters united states distjuct court BR2O25OKC!AYDWMANNTTVLPTLAvnZAsr-EAiS.T.. 11892 1 6474 2 1t with the Judge and h1s view 1s that 1t seems reasonable under the circumstances for the 3 next few months. 4 And 1f counsel wishes to raise the objection 5 they may do so, but they must do so within the 6 week. And I am assuming, they will come up with 7 some opposition that has not been heard to-date, 8 otherwise I am not sure that the exercise of 9 10 appeals would be of'practlcal value. But I leave 11 that to counsel. Are there any questions? 12 I know there was some discussion about 13 beginning the T.H. Agriculture 1n October because 14 of personal reasons. I hope I am not going back 15 on my congratulations, Mr. Burke, but I assume 16 that was the reason. 17 MR. BURKE: Yes, sir. 18 (continued on fol lowing page.) 19 20 21 22 23 24 25 11893 eastern district c o u r t reporters UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST 1 6476 2 1ssue? MR. BECK: I.'n sorry, that's right. 3 SPECIAL MASTER: I must confess I was 4 waiting for a very Interesting response. 5 I accept that as being a more than adequate 6 response. But I guess we will know by next 7 Wednesday what the respective p o sltlo n so f the 8 parties are on the B-l. And 1f 1t 1s negative, 9 then I am assuming you will move expeditiously. 10 11 MR. BECK: That's correct. 12 MR. MATTHEWS: Two weeks from Tuesday, Judge. 13 SPECIAL MASTER: All right. 14 MR. MATTHEWS: You changed that. 15 MR. RIVKIN: Would that apply to me based 16 on a third party complaint? 17 SPECIAL MASTER: Yes. I am reading the 18 papers dally, you know. 19 20 MR. RIVKIN: Can I be heard on some 21 further clarification? 22 SPECIAL MASTER: Yes, Dlease. MR. RIVKIN: Are you telling us we are 23 going triple track on defendants? 24 SPECIAL MASTER: No. Not triple track per se. 25 Eastern district court reporters J"^1 Q aQ 3x UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST 6477 1 2 Triple track per week. One witness every Monday, Wednesday and Friday. 3 MR. RIVKIN: Hypothetically, the defendant 4 Dow will produce one witness per week or three? 5 SPECIAL MASTER: Three. Monday, Wednesday 6 and Friday you and the other four defendants 7 will be producing a witness. The defendants 8 will be required to have flare teams ready to take 9 five depositions. 10 MR. RIVKIN: We will produce three witnesses 11 per week. 12 SPECIAL MASTER: That's right. 13 MR. RIVKIN: Each defendant? 14 SPECIAL MASTER: That's right. 15 MR. RIVKIN: Okay. 16 SPECIAL MASTER: The problem 1s 1f you are 17 attending a deposition of your witness at your 18 office you can't also be at Townley A Updike. 19 20 MR. RIVKIN: We will handle that. I have no problem there. 21 22 SPECIAL MASTER: All counsel have enough sophisticated lawyers at this time. If they weren't 23 at the beginning of the case, they certainly are 24 now. 25 eastern district c o u r t reporters UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST rVMTTYV wru/ vmr 1|OQr iluu i) UNIROYAL. INC. WITNESSES I. Defense Contract Administration Service Office: F. F. Placet (Process inspector) A. Matasauage - Industrial Specialist M. Dojny - Quality Assurance Rep. (Chemical inspector) A. W. Glenn - Preservation Packing Specialist Harold A. Lloy - Administration Contracting officer Wayne Vandervendor - Specialist for Technical Orange Herbicides -9- T-H AGRICULTURE & NUTRITION CO. _______ WITNESSES T-H Agriculture & Nutrition Co. employees: L. S. DeAtley Bill Sulzen Art Wilson Dr. Charles Lewis Bob Mayer Jack Hallen Government witnesses: Edward E. Adams - St. Louis, Missouri A. A. Block - Kansis City, Missouri James E. Bowers - St. Louis, Missouri Charles Dilley - Kansas City, Missouri Frank W. Kleman - St. Louis, Missouri Joseph W. Fowler - Kansis City, Missouri Respectfully submitted, On behalf of the Plaintiffs' Management Committee Wendall B. Alcorn. Jr.. Esq. ** Cadwalader, Wickersham & Taft One Wall Street New York. New York 10005 Thomas Beck. Esq. ** Arthur. Dry & Kalish. P.C. 1230 Avenue of the Americas New York. New York 10020 Judith L. Spanier. Esq. ** Shea & Gould 330 Madison Avenue New York, New York 10017 Morton B. Silberman, Esq. ** Clark. Gagliardi & Miller 99 Court Street White Plains. New York 10601 William A. Krohley. Esq. ** Kelley. Drye 6 Warren 101 Park Avenue New York. New York 10178 David R. Gross, Esq. ** Budd, Lamer, Kent, Gross, Picillo & Rosenthal 33 Washington Street Newark, New Jersey 17102 Herbert L. Fenster, F.sq. McKenna, Conner & Cunes 1575 Eye Street, N.W. Washington, D.C. 20005 ** John M. Fitzpatrick, Esq. Stillworth, Paxson. Kalish & Levy 2600 Fidelity Building Philadelphia, Pa. 19109 ** Paul V. Esposito, Esq. Lewis. Overbeck & Furman 135 S. LaSalle Street Suite 1060 Chicago, Illinois 60603 *** Howard Lester, Esq. ** Lester, Schwab, Katz & Dwy^r 120 Broadway New York, New York 10271 Michael V. Corrigan, F.sq. ** Simpson, Thatcher & Bartlett One Battery Park Plaza New York, New York 10004 Mr. Robert Heinemann ** Clerk of the United States District Court 225 Cadman Plaza East Brooklyn, New York 11201 *** - Hand Delivered * _ Delivery by Federal Express Delivered regular mail to everyone else. JIL OO C a- t AGENT OKANKF. SERVICE LIST Judge Jack B. Weinstein ** United States District Court Eastern District of New York 225 Cadman Plaza F.ast Brooklyn. New York 11201 Honorable Shira Schneidlin ** Magistrate - Special Master United States District Court 225 Cadman Plaza East. Rm. 235 Brooklyn, New York 11201 Honorable Sol Schreiber Milberg, Weiss. Bershad & Specthrie One Penn Plaza New York. New York 10019 Stephen J. Schlegel, Esq. Schlegel & Trafelet, Ltd. One N. LaSalle St.. Ste. 3900 Chicago, Illinois 60602 Thomas W. Henderson, Esq. ** Henderson & Goldberg Frick Building, Rm- 1601 Pittsburgh, Pa. 15219 David J. Dean. Esq. ** Dean, Falanga & Rose 1 Old Country Road Carle Place, New York 11514 Benton Musslewhite, Esq. ** 609 Fannin - Suite 517 Houston, Texas 77002 Newton B. Schwartz, P.C. Houston Bar Center Bldg. 723 Main, Suite 325 Houston, Texas 77002 Stanley M. Chesley. Esq. Waite, Schneider. Bayless & Chesley Co., L.P.A. 1318 Central Trust Tower Fourth & Vine Streets Cincinnati, Ohio 45202 Neil Peterson, Esq. ** Gene Locks, Esq. Creitzer & Locks 1500 Walnut St., 21st FI. Philadelphia, Pa. 19102 Phillip E. Brown, Esq. Hoberg, Finger, Brown. Cox & Molligan. P.C. Central Tower 703 Market Street San Francisco, Calif. 94103 John O'Quinn, Esq. O'Quinn, Hagans & Wettman 3200 Texas Commerce Tower Houston, Texas 77002 Plaintiffs' Management Committ c/o Jan Levien, Esq. ** 26 Court St., Suite 905 Brooklyn, New York 11242 Irving Like, Esq. Reilly, Like & Schneider 200 West Main Street Babylon, New York 11702 Clerk of the Panel ** Judicial Panel on Multi district Litigation 1120 Vermont Avenue, N.W. Suite 1002 Washington, D.C. 20005 Arvin Maskin, Esq. ** United States Attorney United States Dept, of Justice Safeway Bldg. - Room 904D Washington, D.C. 20530 Leonard Rivkin, Esq- ** Rivkin, Leff, Sherman & Radler 100 Garden City Plaza Garden City, New York 11530 John C. Sabetta, Esq. ** Tovmley & Updike 405 Lexington Avenue t 1 OQ ( Xi.i> New York, New York 10017 J O H N Pt C M O E M E N . J N . J O H N J. IXIO M T O N h o c h NEID E D W A N D Pt M H E N A N N H 1OLRI*I W a L. M HUOMCt KUU NlCM A N O Jl A H N E N l C M A N D Pt LUTZ J O H N PAUL HEINE* PHILIP O U C K M A N K O. O C H A O M T T J O H N O. C A N O N I MANIC V. ONl C O L L N I C H A N O C. AULLEN. JN. NOBENT WILLIAM 0C M *C. ANO MAN O N NE IBC H JAMES SWINE KENNETH OOUOLAS J. M e C U L L O C. F A I N M U N 8C H T ELUOT PMSAOrr pen ez c .e hn ic h J O H N C. S A B E T T A J A M E S K. L E A D E N T H C D E N I C K O. E N R O N J E H O M E P. C O L E M A N K E N N E T H M. N A H T J A M E S E. T Y N N E L U JPL BY COURIER To w n le y & U p d ik e C h r y s le r B u ild in g 4 0 5 LEXINGTON AVENUE NEW YORK, N.Y. 10174 TELEPHONE (eie)esE"4ser C A BLE: TU CARRO T E L E X : WUO l -T B IB C A E E 5077 TELECO PIER (SIE) 0 0 7 - 3 0 0 1 February 15, 1984 CDWANO W.SCHALL COUNSEL Stephen J. Schlegel, Esq. Schlegel & Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 RE: "Agent Orange" Product Liability Litigation Dear Mr. Schlegel: I write to state the objections of defendant Monsanto Company ("Monsanto") to Plaintiffs' Response to Paragraph No. 7 of the Magistrate's Pretrial Order No. 1, which was served at the hearing before Magistrate Scheindlin on February 9, 1984. Monsanto recognizes that plaintiffs have requested additional time in which to submit a prioritized list of potential deposition witnesses. See Plaintiffs' Response at 1-2. Accordingly, Monsanto reserves its right to make further objections, if appropriate, when such a list is submitted. Monsanto objects to the depositions of William J. McCarville and Charles P. Zorsch on the ground that both have already been deposed by plaintiffs in this litigation. McCarville was deposed on February 11, 1983; Zorsch, on May 3, 1983. Plaintiffs have demonstrated no special need for redeposing them on the eve of trial. Nor have plaintiffs offered any explanation for their long delay -- about a year and about nine and a half months, respectively -- in noticing the redepositions of Messrs. McCarville and Zorsch. Because the defense of these unjustified redepositions would prejudice 12000 Town ley & Updike Monsanto's preparation for the rapidly approaching trial, plaintiffs' inexcusable delay should not be condoned by the Court. With respect to the deposition of Lapin O. Scott, Monsanto has thus far not found any information in its files on such an individual. Thus at this time it appears that no such person was ever an employee of Monsanto. Sincerely, TOWNLEY & UPDIKE Attorneys for Defendant Monsanto Company 405 Lexington Avenue New York, New York 10174 (212) 682-4567 cc (by courier): attached service list Hon. Shira Schleindlin 1200 SERVICE LIST Michael M. Gordon, Esq. Cadvalader, Wickersham & Taft One Hall Street New York, New York 10005 Leonard L. Rivkin, Esq. Rivkin, Leff, Sherman & Radler 100 Garden City Plaza Garden City, New York 11530 William Krohley, Esq. Kelley Drye & Harren 101 Park Avenue New York, New York 10178 Howard Lester, Esq. Lester Schwab Katz & Dwyer 120 Broadway New York, New York 10005 Stephen J. Schlegel, Esq. Schlegel & Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Benton Musselwhite, Esq. Law Offices of Benton Musselwhite, Inc. Suite 517 609 Fannin Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin & Sears * Frick Building, 10th Floor Pittsburgh, Pennsylvania 15219 Paul V. Esposito, Esq. Lewis, Overbeck & Furman 135 South LaSalle Street Suite 1060 Chicago, Illinois 60303 Victor J. Yannacone, Jr., Esq., Yannacone & Yannacone Post Office Drawer #109 Patchogue, New York 11772 David R. Gross, Esq. Budd, Lamer, Kent, Gross, PiciIlo & Rosenbaum 33 Washington Street Newark, New Jersey 07102 Judge Morton B. Silberman Clark, Gagliardi & Miller 99 Court Street White Plains, New York 10601 Thomas Beck, Esq. Arthur, Dry & Kalish 1230 Avenue of the Americas New York, New York 10020 Richard M. Goldstein, Esq. Shea 6 Gould 330 Madison Avenue New York, New York 10017 David J. Dean, Esq. Dean, Falanga, Sinrod & Rose One Old Country Road Carle Place, New York 11514 Irving Like, Esq., Reilly, Like and Schneider 200 West Main Street Babylon, New York 11772 Arvin Maskin, Esq. Trial Attorney, Torts Branch, Civil Div., U.S. Department of Justice Safeway Building Washington, D.C. 20530 L. Kenneth Sheridan, Esq. Executive Assistant U.S. Attorney United States Attorney's Office 225 Cadman Plaza East Brooklyn, New York 11201 Clerk of Panel Judicial Panel on Multidistrict Litigation 1120 Vermont Avenue, N.W. Suite 1002 Washington, D.C. 20005 12002 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------- X IN RE: : "AGENT ORANGE" : PRODUCT LIABILITYLITIGATION : ----------------------------------- X MDL NO. 381 United States Courhouse Brooklyn, New York November 21, 1983 1:00 P.M. Before : HONORABLE JACK B. WEINSTEIN, CHIEF U.S.D.J. J.4n. . !. . t 12003 1 Appearances : 2 3 4 SOL SCHREIBER, THE SPECIAL MASTER 5 6 JOY BEANE, ESQ. Assistant to Special Master 7 8 9 10 PLAINTIFFS' MANAGEMENT COMMITTEE 11 DAVID DEAN, ESQ. STEPHEN SCHLEGEL, ESQ. 12 THOMAS W. HENDERSON, ESQ. NEWTON B. SCHWARTZ, ESQ. 13 NICHOLAS ALTIMARI, ESQ. STANLEY CHESLEY, ESQ. 14 IRVING LIKE, ESQ. BENTON MUSSELWHITE, ESQ. 15 AARON TWERSKI, ESQ. 16 17 18 RIVKIN, LEFF, SHERMAN & RADLER, ESQS. 19 Attorneys for Dow Chemical 100 Garden City Plaza 20 Garden City, New York 11530 21 BY : LEONARD RIVKIN, ESQ., of Counsel 22 MARJORIE MINTZER, ESQ., of Counsel 23 24 25 eastern district co u rt reporters UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 12004 - 1 Appearances (Continued) 2 3 4 CADWALADER, WICKERSHAM & TAFT, ESQS. Attorneys for Diamond Shamrock 5 One Wall Street New York, New York 10005 6 BY: WENDELL B. ALCORN, JR., ESQ. 7 of Counsel MICHAEL M. GORDON, ESQ., 8 of Counsel JOHN MARIANI, ESQ., 9 of Counsel 10 11 12 BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM, ESC 13 Attorneys for Defendant Thompson Chemicals 13 Washington Street 14 Newark, New Jersey 07102 15 BY: DAVID GROSS, ESQ., of Counsel 16 EDWIN R. MATTHEWS, ESQ. of Counsel 17 18 19 20 ARTHUR DRY & KALISH, ESQS. 21 Attorneys for Defendant UniRoyal 1230 Avenue of the Americas 22 New York, New York 10020 23 BY: THOMAS A. BECK, ESQ., of Counsel 24 25 120 0^EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 1 Appearances (continued) 2 3 4 TOWNLEY & UPDIKE, ESQS. 5 Attorneys for Defendant Monsanto Company 405 Lexington Avenue 6 New York, New York 10017 7 BY: PHILIP PAKULA, ESQ., of Counsel 8 JAMES E . TYRRELL, ESQ., of Counsel 9 10 11 12 ROBERT T. BERENDT, ESQ. In House Counsel - Monsanto 13 14 15 16 CLARK, GAGLIARDI & MILLER, ESQS. 17 Attorneys for Defendant T. H. Agriculture & Nutrition Company 18 The Inns of Court 99 Court Street 19 White Plains, New York 10607 20 BY: MORTON SILBERMAN, ESQ., of Counsel 21 JOHN J . BURKE, ESQ., of Counsel 22 LAWRENCE D'ALOISE, ESQ., of Counsel 23 24 25 12000EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11501 1 Appearances (Continued) 2 3 4 5 KELLEY, DRYE & WARREN, ESQS. Attorneys for Defendant Hercules, Inc. 6 101 Park Avnue New York, New York 10178 7 BY: WILLIAM A. KROHLEY, ESQ., 8 of Counsel PATRICIA TOUHY, ESQ., 9 of Counsel WILLIAM C . HECK, ESQ., 10 of Counsel 11 12 13 UNITED STATES OF AMERICA 14 Civil Division, Department of Justice 521 12th Street, Northwest 15 Washington, D. C. 20530 16 BY: ARVIN MASKIN, ESQ. GRETCHEN WITT, ESQ. 17 18 19 ASHCRAFT & GEREL, ESQS. 20 2000 L Street, Northwest Washington, D. C. 20038 21 BY: ROBERT A. TAYLOR, JR., ESQ. 22 of Counsel 23 24 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 22S CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 1200/ 9 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 65 and over the rapids without destruction. MR. GROSS: I am over the rapids now. I am now over the waterfall. I would respectfully request the same certification by this court to take to the Second Circuit as done by Hercules. THE COURT: Denied. MR. GROSS: Thank you. THE COURT: For the same reasons. i Diamond Shamrock? MR. ALCORN: Wendell Alcorn, a member of the Cadwalader, Wickersham & Taft representing Diamond Shamrock Chemicals Company. To my knowledge, the motion to change the name of the party is unopposed. THE COURT: Nobody being heard in opposition, would you submit an order within forty-eight hours? MR. ALCORN: Yes, your Honor. THE COURT: Granted. Item 4, appeal from the recommendation of the Special Master on Government causation witnesses. MR. MASKIN'. Your Honor, Arvin Maskin on behalf of the United States. The UnitedStates begins with its recognition of one truth in this case; and that is, this trial is going Ea s t e r n district c o u r t r e p o r t e r s UNITED STATES DISTRICT COURT 22} CADMAN PLAZA EAST nrirT Y N . N E W YORK 11201 1 10 66 1 to go forward on My 7th. 2 We would also add that the interests of acceleratin s 3 discovery of identifying all information for which there is a genuine need of minimizing discovery disputes 4 and of accomodating the United States' legitimate 5 interests in discovery are not mutually exclusive. 6 The United States has demonstrated, at least in 7 the context of the deliberative process, privilege 8 issues and state secrets privilege issues, that care 9 fully considered procedures resolving privilege 10 disputes do work and our experience has been that they 11 worked in the past. 12 Virtually none of the 18 witness who have been 13 identified by the parties could be considered fact 14 witnesses. 15 THE COURT: Would be considered what? 16 MR. MASKIN: Could be considered fact witnesses. 17 Each and every one of those witnesses are described 18 as "expert." 19 THE COURT: Let me suggest this to you and get 20 your reaction to it. 21 We have to move ahead quickly. They are not going 22 to have a lot of time to depose these people. 23 I do not know whether they are going to come 24 forward with other lists, but I would suggest that each 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 12009 67 11 1 side have ten. If they overlap, that is fine. And 2 that they be limited to one or two days deposition as 3 to anything they want to take. Let's say two days. 4 Fact, opinion, anything. One day for the party who 5 wants the witness and the other -- most of the other 6 day for the opposing party and then just a little 7 rebuttal. 8 I understand your point. You cannot have these 9 experts constantly annoyed with this, but let's see 10 if we keep it to a bare minimum, let them ask them 11 anything they want to. If they want to waste their 12 day asking them about things they don't need, that's up to them. 13 Then I would suggest, too, that if -- before the 14 witness testifies or gives his deposition, that they 15 16 tell the witness what they are going to use in the way of documents so the witness doesn't'come in cold. 17 That is it. 18 MR. MASKIN: May I respond? 19 THE COURT: Yes. 20 MR. MASKIN: Your Honor, the procedures that we 21 suggested while at first glance seem cumbersome I 22 envision that with respect to the same number of people 23 you have suggested, the information that we requested 24 could be in our hands by this Friday. Government could 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 1. 0 72 16 1 case, your Honor, and it's worked absolutely fine. 2 If there is a problem that's asked at the time, 3 the Special Master can rule as to whether that question 4 makes any sense. 5 To set up -- 6 THE COURT: Excuse me. I do not care whether it 7 makes sense or not. I do not need the Master to tell 8 me whether it makes sense. i 9 If you want to ask a question that does not make j 10 sense, my ruling now is, ask it. 11 The witness will be entitled to say, I cannot 12 answer it or I will be delighted to answer that senseles 13 question. 14 That is all. I do not want you coming in here 15 making applications to the Master when we have five 16 months to prepare a complicated trial. 17 You want ten witnesses? Give them ten witnesses. 18 MS. MINTZER: Let me clarify that, please. 19 The Special Master requested an initial list 20 of fen witnesses, which is what we have provided. That 21 is by no means our complete list. 22 THE COURT: I am telling you, it is your complete 23 list. You can take ten and they will take ten. 24 I am not going to have the Government denuded of 25 witnesses. If after four years you do not know who EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 ^ J- C ' j_ * 73 17 1 the best ten people are in the Government, then you are 2 not prepared. 3 MS. MINTZER: Your Honor, this is very, very 4 important and please let me address that issue. 5 For one thing, I believe today my office received 6 and all offices received the names of the plaintiffs 7 that are actually going to be litigated, the cases that 8 will be litigated so up until this date we haven't 9 even known the particular medical issues that will be 10 at issue. 11 Number two, and that's exceedingly important, 12 the Government -13 THE COURT: I understand. 14 I myself think you may want to delay a little while 15 in putting in those names. 16 (Continued on next page.) 17 18 19 20 21 22 23 24 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 MS. MINTZER: We have already submitted ten, but the -- THE COURT: You can withdraw them. MS. MINTZER: I understand that. The other point that I want to make, is very important here, is the Government's papers admit that the Government -- Congress has expended vast sums of money on causation and energy and knowledge is amassed within the Government today on the very issues that this Judge and the jury in this case will decide. I think it is incredibly unfair to the jury and to the Court not to have that testimony before the Court. THE COURT: You can have all the reports. They are giving you every report that was made. Any report that is finished before the trial, you can have that, too. You can have ten experts free, plus all the experts you have. MS. MINTZER: I submit to your Honor that this -- THE COURT: I am not going to be drowning in experts. MS. MINTZER: I understand that, but at this point in the litigation, when we are just beginning causation discovery, when we don't know yet what issues we face -- EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST rr ^ ^ ^ - *- 1 THE COURT: Hold off. Do not give them a full 2 ten names. 3 MS. MINTZER: May I request that you please not 4 be so firm on that number ten? I just doesn't make 5 sense. It is an arbitrary number, your Honor. 6 THE COURT: Yes. You are going to find that we 7 will be arbitrary time after time here because that 8 is the way it goes. 9 MS. MINTZER: There may well be ten different 10 injuries that are being focused upon here. There may 11 well be far more than that number of causation witnesses 12 required. THE COURT: If you need more, you will go to 13 the Special Mastern. My inclination would be to give 14 you ten each. 15 16 If I were in your position, I wouldn't use my 17 whole ten. 18 MS. MINTZER: I am not sure that the -- you might want to rethink that. 19 20 Can I just ask you one question? I am not clear on your ruling with regard to Page 34. 21 22 THE COURT: Yes. MS. MINTZER: It is my understanding that the 23 information that the Government is requesting on 24 Page 34 you are suggesting that we do supply that, but 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 12G 14 4 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 77 THE SPECIAL MASTER: Your Honor, if I may be heard for a moment? I have carefully studies the submissions of the defendants. As you know, they submitted 61 names. I reviewed those both by their comments and my own research and I tend to suggest to your Honor, without being impolite, that a number of somewhere between 15 and 20, and the time is sufficient, would give the defendant appropriate attack upon or -- THE COURT: 15 or 20 for each? THE SPECIAL MASTER: No, no. the plaintiffs have indicated that they only have eight. THE COURT: They may want -- THE SPECIAL MASTER: Even 15 or 20, your Honor, we can easily get it in. I give -- MR. DEAN: Respectfully, may we -- THE COURT: Excuse me. I just want to point out to you, that 20 plus even ten is 30 witnesses. That's 30 solid days of depositions. There are five months. You've got to depose all of the plaintiffs. You probably -- that are going to be tested. You will probably have to depose their doctors. You are going to have to -- there is an enormous amount of work. EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST r V M C L Y M . N F W Y n * r 11701 j0p ?r ^ U i. D 1 THE SPECIAL MASTER: Different teams. There will 2 not be one deposition team. 3 MR. DEAN: May I rise respectfully to uphold the 4 desire of the Special Master, whom I have the highest 5 regard for and who mandates we have often followed. 6 Always followed, how is that? 7 We will certainly abide by your Honor's direction 8 with him and we ask the defendants do the same. 9 THE COURT: All right. I will rule, in view of 10 my special respect for the Special Master, I will rule 11 ten on each side with the Master having the authority 12 subject to an appeal to me to add an extra five on each 13 side. 14 MR. PAKULA: I tried to rise, I did rise but I 15 didn't get a chance to speak before your Honor ruled. 16 Right now we are looking at a list of 46 proposed 17 named plaintiffs, which we just received, which they 18 say they will reduce at some time in the future. 19 THE COURT: We are going to have to get to that. 20 We must get to that and get to it fast because that 21 is step number one. 22 Until they give us those names, we are not going 23 to be able to proceed. 24 I underst nd your problem. 25 MR. PAKULA: Second point, and I think Ms. Mintzer EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 o^^ 1 U2G UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In r e : "AGENT ORANGE" PRODUCT LIABILITY LITIGATION x : : : X MDL No.381 United States Courthouse Brooklyn, New York February 15, 1984 2:00 o' clock p.m. B e f or e : HONORABLE JACK B. WEINSTEIN, Chief U.S.D.J. HENRY SHAPIRO ILENE GINSBERG SHELDON SILVERMAN OFFICIAL COURT REPORTERS EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 ^UUMUUUU., 1 2 A P P E A R AN C E S : 2 3 Plaintiffs' Management Committee 4 5 THOMAS HENDERSON, ESO. BENTON MUSSELWHITE, ESQ. GENE LOCKS, ESQ. 6 7 8 9 10 RIVKIN, LEFF, SHERMAN & RADLER, ESQS. Attorneys for Dow Chemical 100 Garden City Plaza 11 Garden City, New York 11530 12 BY: MARJORIE MINTZER, ESQ. STEVEN BROCK, ESQ. 13 Of Counsel 14 15 16 CADWALADER, WICKERSHAM & TAFT, ESQS. Attorneys for Defendant Diamond Shamrock 17 One Wall Street New York, New York 10005 18 BY: MICHAEL M. GORDON, ESQ. 19 GRANT B. HERING, ESQ. 20 21 22 23 24 25 12018 1 2 APPEARANCES : 3 3 4 TOWNLEY & UPDIKE, ESQS. Attorneys for Defendant Monsanto Company 5 405 Lexington Avenue New York, New York 10017 6 BY: PHILIP PAKULA, ESQ. JAMES E. TYRRELL, ESQ. 7 JOHN C. SABETTA, ESQ. 8 JOSEPH SCHIAVONE, ESQ. BRUCE G. SHEFFLER, ESQ. Of Counsel 9 10 11 CLARK, GAGLIARDI & MJLLER, ESQS. 12 Attorneys for Defendant T.H. Agriculture & Nutrition Co.,Inc. 13 The Inns of Court 99 Court Street 14 White Plains, New York 10607 15 BY: MORTON SILEERMAN, ESQ. JOHN J. BURKE, ESQ. 16 Of Counsel 17 18 19 KELLEY, DRYE & WARREN, ESQS. Attorneys for Defendant Hercules, Inc. 20 101 Park Avenue New York, New York 10178 21 BY: WILLIAM A. KROHLEY, ESQ. PATRICIA TUOHEY, ESQ. WILLIAM HECK, ESQ. Of Counsel 12019 1 APPEARANCES : 2 4 P 3 ARTHUR, DRY & KALISH, P.C. Attorneys for Defendant UniRoyal 4 1230 Avenue of the Americas New York, New York 10020 5 BY: THOMAS A. BECK, ESQ. 6 MARILYN NEIMAN, ESQ. Of Counsel 7 8 9 10 BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM, ESQS. 11 Attorneys for Defendant Thompson Chemicals 33 Washington Street 12 Newark, New Jersey 07102 BY: EDWIN R. MATTHEWS, ESQ. 13 DAVID GROSS, ESQ. SUSAN OLNEY, ESQ. 14 Of Counsel 15 16 17 UNITED STATES OF AMERICA Civil Division, Department of Justice 18 521 12th Street, Northwest Room 822 19 Washington, D.C. 20530 20 BY: ARVIN MASKIN, ESQ. 21 GRETCHIN LEAH WITT, ESQ. Special Attorneys 22 23 24 25 12020 1 2 Also present: 3 4 HONORABLE SHIRA SCHEINDLIN, Magistrate 5 SOL SCHREIBER, ESQ., Special Master 6 JOY BEAN, Assistant to Special Master 7 8 NANCY PETRILLO, Clerk of Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A 21 5 12021 39 1 2 But I take it that ultimately they are goincr to 3 contest it if they don't concede it -- 4 MR. MASKIN: Your Honor, I am not sure -- 5 THE COURT: (Continuing) -- because if they 6 concede it, you may be able to, almost as a matter of 7 summary judgment, have a third-party judgment against 8 them for any judgment the plaintiffs get against you. 9 That is the posture of the case, as I understand 10 it. 11 Now, if that is an open issue as to the third 12 party, then it is an issue in the case. 13 MR. KROHLEY: Apart from whether it is an open 14 issue in the case or not and whether it needs to be 15 decided again or not, there is a practical dimension 16 to this, too. 17 We spent four, four and a half years on the 18 Government contract defense prior to trial in June. 19 That -- At least that aspect of the case, in terms of the first two elements, and the third element was 20 discussed into at substantial length and hundreds of 21 22 depositions were taken. 23 If we now go back and try to go back to issues 24 one and two in the Government contract defense arid 25 depose 40, 50, 60 additional witnesses in the time 12022 1 remaining -- 40 2 THE COURT: I am going to instruct the Magistrate 3 to put it on the back burner and cut it way, way down. 4 A couple of witnesses are all you are going to get. 5 I am not going to, a month and a half before trial, 6 allow a whole big discovery. There is not enough 7 energy left in all the plaintiffs' and defendants' bars 8 in the country for that. We have to be realistic. 9 But the issue is between the defendants and the 10 third-party plaintiffs. 11 MR. GROSS: I think Mr. Maskin was about to say 12 that the Government may indeed not oppose or contest the 13 matter. 14 THE COURT: I didn't hear him-say that. Did you say that? 15 16 MR. MASKIN: No. The Government again assumes no 17 posture whatever, and nothing happened to day to require 18 us to take a position. 19 THE COURT: From a tactical point of view, it 20 would be a very serious concession. MR. KROHLEY: I don't see how this is an issue 21 22 at all between the defendants and the Government. The Government contract defense is the claim the 23 plaintiffs are asserting against us. 24 THE COURT: If the Government ordered something 25 12023 45 Jl MR. MUSSELWHITE: Your Honor, may I ask you a 2 qustion? 3 Due to the time element -- all we are asking for, 4 basically, from the Government, are the contracts, the 5 officers and inspectors. 6 They are not going to be long depositions. THE COURT: You had better get it cut down. 7 8 I will put it down for February 27th. MR. GROSS: May we have two weeks beyond that? 9 10 THE COURT:- March 5th. MR. MUSSELWHITE: Can we go ahead and start taking 11 some of these depositions? 12 THE COURT: N o . 13 You have got plenty of other things to do. You 14 have not done so great on getting your experts in. 15 MR. LOCKS: Gene Locks on behalf of the Plaintiffs. 16 I think I might have something to do with that. 17 I agree with Mr. Gross. May we go to the 12th rather 18 than the 5th? 19 You have got another hearing date scheduled on 20 21 the 12th. 22 THE COURT: You are speaking for the plaintiffs. You are the ones they want. 23 MR. LOCKS: Yes. 24 THE COURT: March 12th. Government specifications EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT r in tiiR i bi 7 act 12024 CERTIFICATE OF SERVICE I HEREBY AFFIRM that I am an attorney duly admitted to practice in the State of New York and in the Eastern District of New York. I HEREBY CERTIFY that on February 21, 1984 I caused to be served a true and correct copy of the Notice of Motion and the Memorandum of Defendant Monsanto Company in Support of its Motion for a Protective Order on all counsel on the attached service list -- by hand on Mr. Dean and on all counsel in Manhattan, by courier on all others. 12025 SERVICE LIST Michael M. Gordon, Esq. Cadvalader, Wickersham & Taft One Wall Street New York, New York 10005 Leonard L. Rivkin, Esq. Rivkin, Leff, Sherman & Radler 100 Garden City Plaza Garden City, New York 11530 William Krohley, Esq. Kelley Drye & Warren 101 Park Avenue New York, New York 10178 Howard Lester, Esq. Lester Schwab Katz & Dwyer 120 Broadway New York, New York 10005 Paul V. Esposito, Esq. Lewis, Overbeck & Furman 135 South LaSalle Street Suite 1060 Chicago, Illinois 60303 David R. Gross, Esq. Budd, Lamer, Kent, Gross, Picillo & Rosenbaum 33 Washington Street Newark, New Jersey 07102 Judge Morton B. Silberman Clark, Gagliardi & Miller 99 Court Street White Plains, New York 10601 Thomas Beck, Esq. Arthur, Dry & Kalish 1230 Avenue of the Americas New York, New York 10020 Richard M. Goldstein, Esq. Shea & Gould 330 Madison Avenue New York, New York 10017 L. Kenneth Sheridan, Esq. Executive Assistant .S. Attorney United States Attorney's Office 225 Cadman Plaza East Brooklyn, New York 11201 Stephen J. Schlegel, Esq. Schlegel & Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Benton Musselwhite, Esq. Law Offices of Benton Musselwhite, Inc. Suite 517 609 Fannin Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin & Sears Frick Building, 10th Floor Pittsburgh, Pennsylvania 15219 Victor J. Yannacone, Jr., Esq. , Yannacone & Yannacone Post Office Drawer #109 Patchogue, New York 11772 David J. Dean, Esq. Dean, Falanga, Sinrod & Rose One Old Country Road Carle Place, New York 11514 Irving Like, Esq., Reilly, Like and Schneider 200 West Main Street Babylon, New York 11772 Arvin Maskin, Esq. Trial Attorney, Torts Branch, Civil Div., U.S. Department of Justice Safeway Building Washington, D.C. 20530 Clerk of Panel Judicial Panel on Multidistrict Litigation 1120 Vermont Avenue, N.W. Suite 1002 Washington, D.C. 20005 ^ 2 0 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X In re Agent Orange Product Liability Litigation X MDL 381 (All Cases) SPECIAL MASTER'S RECOMMENDATION RE APPLICATION OF PHYS ICIAN/PATIENT PRIVILEGE TO MEDICAL AND WORKERS' COMPENSATION RECORDS OF DOW EMPLOYEES Plaintiffs, Vietnam veterans and members of their families claim that they suffered injuries as a result of the veterans' exposure to herbicides manufactured by the defendant chemical companies and supplied by them to the United States government for use in the Vietnam War. The case has been certified as a class action for all liability and compensatory damage issues pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure and for determination of punitive damage issues pursuant to Rule 23(b) 1 (B). See In re "Agent Orange" Product Liability Litigation, P.T.O. 72, -- F. Supp.-- (E.D.N.Y. Dec. 16, 1983), writ of mandamus denied, No. 83-3065, Slip Op. (2d Cir. January 9, 1984). Pursuant to the discovery rules of the Federal Rules of Civil Procedure, plaintiffs are seeking from defendant-Dow Chemical Company ("Dow") the medical and workers' compensation records of its employees who have made claims against Dow arising out of alleged industrial exposure to phenoxy herbicides from 1953 to 1970. Dow argues that these records are privileged by reason of a Michigan statute which prohibits physicians from disclosing information acquired in attending any patient. Dow further bolsters its argument by reference to Michigan Public Health Code 333.5611 which requires employers to file written reports of occupational disease claims made by employees and which expressly denotes such reports "non-public" and exempt from disclosure. See MCL, Public Health Code 333.5611. Both sides have extensively briefed the issues including which law should apply to a resolution of this dispute. After careful consideration, it is the Special Master's recommendation that Dow produce, under an appropriate protective order, the requested records to the plaintiffs, with the names, addresses and information identifying individual employees redacted. The following memorandum sets forth the reasons for the Special Master's conclusion. Introduction Rule 26(b) of the Federal Rules of Civil Procedure provides for the discovery of any matter, not privileged, which is relevant to the subject matter of the litigation. While the court always has discretion to limit discovery, see Fed. R. Civ. P. Rule 26(c); Apicella v. McNeil Laboratories, Inc., 66 -2- FED 78, 82 (E.D.N.Y. 1975), generally, if the item being sought is relevant to the subject matter of the litigation and not privileged, it is discoverable. Relevancy for discovery purposes is treated more flexibly than under the Federal Rules of Evidence, Rule 401*/ and includes anything that appears "reasonably calculated to lead to the discovery of admissible evidence". Fed. R. Civ. P. Rule 26(b)(1). Clearly, the records sought by plaintiffs here are relevant for discovery purposes, and may themselves constitute admissible evidence. Plaintiffs seek those medical and workers' compensation records of Dow employees who claimed to have suffered injuries by reason of industrial exposure to phenoxy herbicides from 1953 to 1970. Such records may show that phenoxy herbicides cause certain types of injuries; they may also show what Dow knew concerning the product it manufactured for the government, which may help plaintiffs to refute defendants' government contract defense.**/ However, if such records are *Rule 401 of the Federal Rules of Evidence defines relevant evidence as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable...than it would be without the evidence". **The government contract defense has been described by Judge Pratt as having three elements. To prevail on the defense, a defendant must show: 1) that the government made the specifications for "Agent Orange", 2) that the product manufactured by a defendant complied with these specifications in all material respects and 3) that the government knew as much as or more than the defendant about the hazards to people that accompanied use of the product. In re "Agent Orange" Product Liability Litigation, 534 F.Supp.1046, 1055 (E.D.N.Y. 120231982) -3- privileged they are outside the scope of Rule 26 and are not discoverable. Thus, the issue here is whether Dow's employee medical and workers' compensation records are protected from disclosure by reason of the physician/patient privilege. I. Rule 501 of the Federal Rules of Evidence Rule 501 of the Federal Rules of Evidence deals with the subject of privilege and provides that: Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State or political subdivision thereof shall be determined in accordance with State law. The Rule, especially its second sentence, attempts to establish a relationship between federal courts and state law-making bodies. Saltzburg, Federal Rules of Evidence Manual, at 229 (3d ed. 1982); See Berger, "Privilege, Presumptions and Competency of Witnesses in Federal Court: A Federal Choice-of-Laws Rule", 42 Brooklyn L.Rev. 417, 436 (1976). However, commentators to the Rule, as well as courts applying it have not always agreed on what it means. See Saltzburg, Federal Rules of Evidence Manual at 229. -4- o ^r One approach to construing Rule 501 calls for a federal court sitting in diversity to apply the forum state's law on privilege. See, e.g., Samuelson v. Susen, 576 F.2d 546; Super Tire Engineering Co. v. Bandag, Inc., 562 F.Supp. 439, 440 (E.D.Pa. 1983). This result is hardly startling since, under the principles of Erie, state law would normally be expected to supply the rule of decision in a diversity case. See Pollitt v. Mobay Chemical Co., 95 F.R.D. 101, 104 (S.D.Ohio 1982); 2 Weinstein's Evidence 501[02] at 501-21; Berger, supra, at 448. If the privilege rules of more than the one state were involved, e.g., where the communication sought to be protected was made in a state other than the forum, the federal court would look to the choice-of-law rules of the forum state to determine which state's substantive law would be used for * . resolution of the privilege question. See Klaxon Co. v. Stentor Elect. Mfg. C o ., 313 U.S. 487, 61 S.Ct. 1020 (1941); see, e.g., Mazzella v. Philadelphia Newspapers, Inc., 479 F.Supp. 523 (E.D.N.Y. 1979). At least one commentator, however, has argued that Rule 501 directs the federal courts to apply a federal choice-of-law rule in cases where state law supplies the rule of decision and more than one state's privilege law is implicated. Berger, "Privilege, Presumptions and Competency of Witnesses in Federal Court: A Federal Choice-of-Laws Rule", 42 -5- Brooklyn L. Rev. 417 (1976). Cf^. Mitsui & Co. (U.S.A.) Inc, v. Puerto Rico Water Resources Authority, 79 F.R.D. 72 (D.P.R. 1978)(District court in Puerto Rico applied an interest analysis test to determine whether the Puerto Rico accountant-client privilege should be used to protect information sought in depositions of accountants in New York, which does not recognize the privilege). See also, Apicella v. McNeil Laboratories, Inc., 66 F.R.D. 78 (E.D.N.Y. 1975). In Apicella, a products liability case based on diversity jurisdiction, the court refused to permit disclosure of a newsman's sources even though the forum state did not recognize the privilege. The court balanced relevancy of and need for the material sought against the state's policy regarding protection of news sources and federal constitutional interests. It held that even though the forum state had no privilege for newsmen, the parties' request for the journalist's sources should be denied in view of other factors weighing in favor of protection of those sources, such as the adverse effect disclosure would have on First Amendment rights, the ability of the journalist to obtain information from his sources in the future and the fact that the parties had not demonstrated need for the material. Although Apicella was a diversity case, the court did not slavishly follow the state -6- law which, it would appear, would have resulted in disclosure; instead it fashioned a balance test to determine whether the material would be protected from disclosure by a privilege. Utilizing a balance test in this case, it seems clear that Dow's employee medical and workers' compensation records are not protected from disclosure. The need for the requested material far outweighs any interest in absolutely protecting these records from disclosure, especially where the names, addresses and other identifying information concerning individual employees are redacted. Even under the first approach, however, this result would hold because, it is submitted, federal common law will govern the instant privilege question, and under federal common law, as will be shown below, no physician-patient privilege exists. Although jurisdiction in this case is founded upon diversity, the recent learned and provocative opinion on choice of law of the newly-assigned trial judge, Chief Judge Jack B. Weinstein, suggests that, rather than applying its own law, each state would look to federal common law or national consensus law to supply the rule of decision at least with respect to the product liability, government contract defense and punitive damage issues. See Preliminary Memorandum on Conflicts of Law, P.T.O. 87, dated January 12, 1984 at 5,6 ("PTO 87"). -7- 12G33 In its very detailed analysis, the Court distinguished between federal law applying by its own force, for example, when jurisdiction is founded upon the existence of a federal question, and federal substantive law applying because a state chooses to apply it. See PTO 87 at 8-10. As an example of the latter, the Court noted that in deciding what state policy and law ought to be, a state often looks at federal law; drawing upon federal decisions, statutes and executive orders, a state might incorporate federal substantive law into its own substantive law. Id. at 9. In examining the question of what law should apply in this multidistrict litigation, Judge Weinstein looked at the choice-of-law rules of the states in which the transferor courts sit. See PTO 87 at 2-3, citing Klaxon v. Stentor Electric Mfcr. Co., 313 U.S. 487, 61 S.Ct. 1020 (1941) and Van Dusen v. Barrack, 376 U.S. 612; 84 S.Ct. 805 (1964). He concluded that, regardless of which choice-of-law methodology was used, each state, "because of its inability to identify and select any other state's law to be applied.as the rule of decision, would seek to divine what the national rule of decision with respect to product liability law would be so that such law would appropriately reflect the national and international characteristics of this case". PTO 87 at 33. 8- - 1 2 G 3 4 The Dow employee records which plaintiffs have requested relate to the products liability and the government contract defense issues, see supra at 3. As to both, Judge Weinstein has tentatively determined federal common law or national consensus law applies. Cf. In re "Agent Orange" Product Liability Litigation, No. 83-3065, Slip Op. at 1091 n.2, (2d Cir. January 9, 1984). (The Second Circuit noted that although there is no federal question here> it has not yet been determined what law might apply to which issues and implied that federal law might apply to certain issues, such as the government contract defense). Pursuant to Rule 501, then, for purposes of resolving the instant privilege problem, it appears that, since state law does not supply the rule of decision with respect to those issues, the court should look to federal common law to determine whether Dow employee medical and workers' compensation records are protected from disclosure by a physician-patient privilege. See Scott v. McDonald, 70 F.R.D. 568, 571 (N.D.Ga. 1976). II. The Balance Test. At common law no physician-patient privilege existed. However, Rule 501 directs federal courts to apply "the principles of common law as they may be interpreted...in light of reason and experience". F.R.E. Rule 501 (emphasis added). -9- Rather than attempting to set one rule by which privilege questions should be determined in all cases, Rule 501 permits a more flexible, case-by-case approach. See Lora v. Board of Education of the City of New York, 74 F.R.D. 565, 578 (E.D.N.Y. 1977) where Judge Weinstein recognized that, in developing privileges on a case-by-case basis, "'reason and experience' dictate a balancing of the public and private interests involved". Id- See also, United States v. King, 73 F.R.D. 103, 105 (E.D.N.Y. 1976). In Lora, this court formulated a balance test to determine whether a psychiatrist-patient privilege would apply to diagnostic and referral records used by the Board of Education in its procedures for placing children in schools for emotionally disturbed children. The "most constant" factor in the balancing equation is the "need for full development of the facts in federal litigation in order that the paramount interest in fair administration of justice be served". Lora v. Board of Education, 74 F.R.D. at 578. The court also identified other public interest factors such as the public's interest in civil rights cases generally and in particular the public's interest in the effects on society of discriminaton in remedial schools. Id. at 579. -10- Private interests, such as an individual's "justifiable privilege expectations", must be considered too. See Lora v. Board of Education, 74 F.R.D. at 579. In Lora this court isolated four factors designed to narrow, as much as possible, potential intrusion into the privacy of the students whose records were being sought: "First, is the identification of the individuals required for effective use of the data? Second, is the invasion of privacy and risk of psychological harm being limited to the narrowest possible extent? Third, will the data be supplied only to qualified personnel under strict controls over confidentiality? Fourth, is the data necessary or simply desirable?" Id. Finally, even though state law may not supply the rule of decision, a federal court may look at state law to determine what the state's law is with respect to the privilege in question. See, e.q., Lora v. Board of Education, 74 F.R.D. at 576; United States v. King, 73 F.R.D. at 105: "A strong policy of comity between the state and federal sovereignties impels federal courts to recognize state privileges where this can be accomplished at no substantial cost to federal substantive and procedural policy". Recommendation As indicated above, the Special Master recommends that Dow's employee medical and workers' compensation records which -11- i n o n "" 1 .C u j - arise out of alleged claims of industrial exposure to phenoxy herbicides from 1953 to 1970 be produced to plaintiffs with the names, addresses and other such identifying information redacted. "'The public...has a right to every man's evidence' except for those persons protected by a constitutional, common-law, or statutory privilege." Branzburg v. Hayes, 408 U.S. 665, 688, 92 S .Ct. 2646 (1972) (citation omitted). As no physician-patient privilege exists in federal common law, one should be reluctant to recommend this court to adopt one in this case. See In re Doe, 97 F.R.D. 640, 645-46 (S.D.N.Y. 1983), affirmed 711 F.2d 1187 (2d Cir. 1983) where the court ordered production of a psychiatrist's patients' records because, after an in camera examination, it found that the records contained only information which would be found in records of a non-psychiatrist physician, and, there being no physician-patient privilege in federal common law, such records were not protected from disclosure. In addition, the physician-patient privilege has been often criticized by leading authorities. See McCormick, Evidence, 105 at 228 (Cleary 2d.ed. 1972). It is worth noting, too, that the Advisory Committee to the Federal Rules of Evidence included rules defining nine specific privileges in the original Article -12- Oxu 38 V of the Federal Rules of Evidence, however, the Committee rejected the physician-patient privilege, adopting, instead, a narrow privilege for psychiatrist-patient communications. See, Salzburg, Federal Rules of Evidence Manual, Rule 501 at 231 (3d Ed. 1982). See also, In re Doe, 97 F.R.D. at 644-46. As was stated in Lora v. Board of Education, 74 F.R.D. at 578, the most constant factor in the balancing test is "the need for full development of the facts in federal litigation". Also, as in Lora, there are other public interest factors in this case weighing in favor of disclosure of Dow employee medical and workers' compensation records. The need to have all relevant information before the court is heightened here where the public has a particular interest in the resolution of claims which involve United States servicemen alleging serious injuries as a result of a product manufactured in the United States by every major chemical manufacturer and used by the government during a war which has not yet ceased to provoke controversy. Dow argues that the medical and workers1 compensation records of present and former Dow workers should not be produced just because their employer has been sued in federal court. Dow maintains that Dow employees, having no interest or involvement in this litigation, stand nothing to gain but "an invasion of their privacy". Memorandum of Dow Chemical -13- 12039 Company, dated December 30, 1983, at 7-8. However, Dow also indicates in its papers its willingness to supply the information sought by plaintiffs. Id. at 6-7. Rather than having Dow extract the data, however, it seems preferable that the records themselves be provided. Dow's employees' privacy will be protected by blocking out the names, addresses and any other identifying information on the individual records and files. See E.E.O.C. v. University of Notre Dame Du Lac, 715 F.2d 331, 338 (7th Cir. 1983). See also, Marrese v. American Academy of Orthopaedic Surgeons, 52 U.S.L.W. 2399 (7th Cir. January 3, 1984)(en banc). Further, the material should be disclosed under a protective order which will limit the use of the records solely for purposes of this lawsuit. While the general purpose of the physician-patient privilege is to encourage a patient in need of medical assistance to communicate freely with his or her doctor, this policy will not be impaired in the instant case where the records to be produced retain their confidentiality, inasmuch as all identifying information will be redacted. Plaintiffs have shown a compelling need for this data. The information contained in these records may be of great importance in determining whether, when and to what -14- extent Dow knew that its product might cause harm to human health. Accordingly, it is my recommendation that these records, redacted as indicated, be produced forthwith, under the terms of a protective order as described above. Dated: New York, New York January 31, 1984 Respectfully submitted, SOL SCHlREIBER Spec:ial Master -1 5 -, 2241 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------x In re: "Agent Orange" Product Liability Litigation ----------------------------------x MDL No. r3tl' ^ (All Cases) '' -sty?' SPECIAL MASTER'S FINAL AMENDED RECOMMENDATION RE: SCHEDULING ORDER FOR THE COMPLETION OF DISCOVERY AND THE PREPARATION OF A PRETRIAL ORDER AS APPROVED BY JUDGE WEINSTEIN Pursuant to the direction of the Court, as set forth in its Pretrial Order 69, the Special Master met with opposing counsel to review their recommendations concerning the completion of discovery and the preparation of a pretrial order. On December 16, 1983, the Special Master's recommendation concerning these matters was sent to the Court with copies to counsel. Thereafter, on December 19, 1983, at a hearing before the Court, the recommendation was reviewed and substantially approved by the Court, and the Special Master was asked to meet again with counsel in an attempt to resolve a few remaining issues. This hearing took place immediately after the Court's hearing on December 19, 1983. A draft of the Special Master's amended scheduling order was thereafter circulated among the interested parties and a further review hearing was held on December 28, 1983. At this hearing, the views of counsel were further examined by the Special Master, and additional requested changes by plaintiffs', defendants' and government's counsel were reviewed. A number of these changes were accepted by the Special Master and are incorporated herein. The following is the amended scheduling order which is recommended for the Court's consideration: I. Interrogatories Served by Respective Parties A. Plaintiffs' Interrogatories The interrogatories served by the plaintiffs upon the defendants and reviewed by the Court at its hearing on December 12, 1983 are to be served in amended form upon the defendants not later than Thursday, December 22, 1983. Defendants will serve and file their responsive answers not later than Monday, January 16, 1984. Plaintiffs' interrogatories dealing with the Government Contract Defense, which were recently served upon the defendants will be reviewed by the Special Master at a hearing to be held on Thursday, December 29, 1983 at 2:00 p.m., unless prior meetings of counsel resolve the outstanding conflicts. The interrogatories agreed upon by counsel or approved by the Special Master will be served upon the defendants, in amended form, by Wednesday, January 4 , 1984 and will be answered by the defendants not later than January 30, 1984 . - 2 - 12043 B . Defendants' Interrogatories The interrogatories served by the defendants were reviewed by the Special Master and thereafter his recommendations were examined by the Judge at a hearing on December 12, 1983. The Special Master's recommendations were approved by the Court with a few modifications. These revised interrogatories are to be served upon the plaintiffs by December 22, 1983. Plaintiffs will serve and file their answers to these interrogatories not later than Monday, January 16, 1984. Any disputes concerning these amended interrogatories were resolved at the Special Master's hearing of December 29, 1983 II. Interrogatory Requests Served Upon United States Re Causation Documents_________________________ Defendants' documentary requests of December 1, 1983 entitled "Notice to Produce Documents re Causation Issue", and served upon the United States were reviewed by the Special Master at a hearing on December 20, 1983. At this hearing all disputed requests were resolved by the Special Master whose recommendations are contained in the transcript of the hearing. The Special Master advised counsel that if any of the recommendations were to be appealed they were to notify opposing counsel and set forth their objections in written form within a few days after the December 20th hearing; thereafter, the Special Master would hold a hearing to determine the -3 *n validity of such objections before submitting his recommendations to the Court. At the December 28, 1983 hearing before the Special Master counsel were requested to state their objections to the Special Master's rulings of December 20, 1983. No objections were raised and defendants were directed to serve an amended documentary request (re: causation issues) upon the government by January 4, 1984. The government was directed to produce documents as soon as they were assembled and not to wait for the final date of January 16, 1984 to make production. Ill. Depositions A. Plaintiffs' Depositions Plaintiffs' depositions of defendants' present and/or prior employees will continue on a daily basis and end by March 30, 1984 unless good cause be shown for a short, extension of this cut-off date. Plaintiffs' depositions of other non-party witnesses, except expert witnesses, discussed below, will be completed by the same date. Plaintiffs' depositions of government experts or persons knowledgeable on the issue of causation and liability will be taken between January 15, 1984 and March 12, 1984. These depositions will be preceded by the plaintiffs' serving upon the government and opposing counsel at least seven (7) days prior to the scheduled depositions a list of documents upon which these government witnesses will be s r r /* deposed. In addition, both plaintiffs' and defendants' counsel, in seeking depositions of such government witnesses, must comply with Judge Weinstein's directions concerning preliminary notice and information to be given to the government. (See transcript of proceedings before Judge Weinstein of November 21, 1983, pp. 69 & 71.) This information must also be supplied at least seven (7) days prior to the scheduled depositions. B. Defendants' Depositions of Plaintiffs' Representative Parties and Non-Party Fact Witnesses_____________________ Prior to their taking depositions of plaintiffs' representative parties, defendants may serve on plaintiffs a limited number of interrogatories. These interrogatories should be served not later than December 22, 1983; responses due not later than January 11, 1984. Depositions of the plaintiffs' representative parties, their wives, children, relatives and legal representatives will begin on January 16, 1984 and will be completed by April 6, 1984, unless good cause be shown for a short extension of this date. The April 6, 1984 cut-off date also applies to non-party fact witnesses. The government is directed to locate and produce all service and medical records of the representative plaintiffs by January 6, 1984. In addition, all medical records of treating doctors and medical institutions which counsel for the representative plaintiffs have in their possession will be turned over to the defendants by January 6, 1984. Defendants' medical 1204 5- examinations of the representative plaintiffs, their wives, children and relatives will begin on January 17, 1984 and notice of the said examination will be given to plaintiffs' counsel at least ten (10) days prior to the examination date. In the event that plaintiffs object to the type or place of the said medical examination, these objections will be heard by the Special Master within 48 hours. Defendants will exert all efforts to complete these examinations by March 6, 1984 and will further advise all doctors or institutions conducting such examination that they must submit their reports in writing to the defendants' counsel not later than March 12, 1984. It is expected, however, that these reports will be delivered to counsel as soon as the examinations are completed. This same instruction (i.e., staggered delivery of reports) is applicable to plaintiffs' medical experts. C. Defendants' Depositions of Government Witnesses on All Issues Including Causation___________________________ These depositions will begin on January 15, 1984 and be completed by March 30, 1984 unless good cause be shown for a further short extension of this date. Prior to taking the depositions of government witnesses, defendants will deliver to counsel for the government and plaintiffs, copies of documents upon which the said witnesses will be deposed. Such documents -6 - P P A W must be received by counsel at least seven (7) days prior to the deposition. Defendants will also provide government's counsel with the additional notice and information, as discussed in paragraph III above. IV. Expert Witnesses A. Plaintiffs will deliver to the defendants summaries of plaintiffs' treating doctors' reports pursuant to Rule 26(b)(4)(A)(i) of the Federal Rules of Civil Procedure. Such summaries or copies of the doctors' written reports will be delivered not later than January 16, 1984. In addition, plaintiffs will deliver to defendants' counsel summary reports of other experts who are expected to be called to testify on behalf of plaintiffs, pursuant to the Rule 26(b)(4(A)(i) of the Federal Rules of Civil Procedure or copies of the experts' written reports by January 23, 1984. All reports or summaries will be accompanied by any documents, including medical tests and/or results, upon which the said reports are based. All medical examinations of representative plaintiffs that plaintiffs will conduct before trial shall be completed in time to furnish the results thereof to the defendants by January 23, 1984. Defendants' depositions of plaintiffs' expert witnesses will begin on February 1, 1984 and be completed by March 13, 1984, unless good cause be shown for a short extension of this date. B. Defendants will submit either summaries of their experts' testimony pursuant to Rule 26(b(4)(A)(i) or alternatively, copies of their experts' written reports not later than March 13, 1984. All reports or summaries will be accompanied by any documents, including medical tests and/or results, upon which these reports are based. Defendants' experts will be deposed by plaintiffs' counsel between March 20, 1984, and April 15, 1984. C. If counsel cannot agree upon reasonable expenses to be paid for the appearance of opposing counsel's experts, the Special Master will recommend the appropriate fee to be paid. V. Pretrial Order Counsel are directed to meet with the Special Master at a date to be set within the next few weeks but prior to February 1, 1984 in an attempt to agree upon a schedule for the completion and filing of a pretrial order not later than April 24, 1984. VI. Other Matters A. All fact witnesses who will give testimony in support of the claims of the respective parties will be listed by name, present address and a description of the general nature of the testimony. This information will be exchanged by the parties not later than February 29, 1984. In addition, counsel for the respective parties will have an additional ten (10) days thereafter to supplement their earlier lists. -8 -  _ ,fy. B. A scheduling order for in limine or pretrial evidentiary rulings, special interrogatories to the jury, preliminary and interim jury instructions and the dates for the submission of trial briefs will be recommended to the Court by the Special Master by February 1, 1984 after consultation with counsel. Dated: New York, New York January 10, 1984 Respectfully submitted, i $ i -- ' iIt* . I:' -9- 1 MR. GORDON: Well, access will be permitted 2 according to the order. 3 THE SPECIAL MASTER: Well, we can say that the 4 list will be made available to both parties under seal 5 of the Court. 6 So, the Government will supply a list to plaint.; defendants and to the Court, under seal.. 7 8 MR. PAKULA: What will be filed that purports to be proof of 9 10 M R . DEAN: We will file -- no matter what is informally agreed today -- we will file affidavits 11 12 of service with regard to everyone whom we have mailt, notices, including those on the Agent Orange registry 13 THE SPECIAL MASTER: You can say those on the 14 Agent Orange registry but your affidavits of service 15 can only be appropriate to those not on the Agent 16 Orange re g is try because the Post O ffice w ill make the 17 mailing and stuff and supply the stamps. 18 MR. DEAN: And supply their own affidavits of 19 service. They agreed to do that? 20 THE SPECIAL MASTER: Yes, 21 MR. HEINEMANN: May I request the information' 22 as to what Post Office person received these tapes 23 since I am going to be the conduit? 24 THE SPECIAL MASTER: I think you ought to get 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 12G5 1 those asquiCKiy as possible. . 2 Will you write to Mr. Heinemann by tomorrow? 3 MR. HEINEMANN: Then we can do it immediately 4 in case it happens suddenly. 5 THE SPECIAL MASTER: We now have -- unless anyon 6 has another matter to be taken up -- the final order 7 of the business, which Mr. Pakula will address himself 8 to. 9 MR. PAKULA: Thank you. 10 Dates and status of disclosure matters that n are the subject of the order, scheduling order entered 12 in this case. January 6th, the Government was to produce all 13 service and medical records of representative plaintiff. 14 As of this morning, we do not have the following 15 records: Danny Ford, we don't have his 201 file -- 16 that is his service record. We don't have his military 17 medical file. 18 Michael Ryan -- 19 THE SPECIAL MASTER: Let's go one at a time. 20 Does the Government know all of this information 21 Is this the first time they are hearing it? 22 MR. PAKULA: This is the first time they are 23 hearing it and I think a convenient time on a day-to- 24 day proposition -- 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 T" ~ -ortuAL'm a s t e r .:..ShaSlT~we ask the Government 2 to respond to each one? MR. PAKULA: I am not suggesting we have an 3 argument about who shot John. 4 THE SPECIAL MASTER: You are just posting the 5 6 record. MR. PAKULA: I feel you should have a status 7 report regularly. 8 I didn't raise it to stick a knife in them, 9 10 but -- THE SPECIAL MASTER: Let's do all the service 11 and medical records and we will find out what is 12 happening. 13 MR. PAKULA: Michael Ryan. We don't have his 14 military medical file. 15 Mr. Ewault -- we don't have his military 16 medical file. 17 Next date 18 THE SPECIAL MASTER: Let's stop here for a mome: 19 Can Government counsel illuminate for us where 20 we are? 21 MS. WITT: As to Danny Ford, the problem here - 22 I stood here and said we had not been able to find 23 any record and at that time Danny Ford was dropped 24 from the case and therefore we stopped looking for 25 him. EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 'J Q uiutc xcisx.weeK cney nave Deguh to try and locate 2 his records again. 3 Hopefully they will be found quickly, but they 4 were having difficulty before in locating any records 5 pertaining to Hr. Ford. 6 As to Mr. Ryan and Mr. Ewault, the military 7 records records, I am not aware of the status of those 8 My belief is that those files were contained 9 within the VA Claims Files and I may be mistaken on 10 that, but most of the veterans whose files we have 11 found, their military medical records, have not been contained with their military file and already forwarc 12 on to VA, as is normally the case when somebody 13 applies for VA benefits. 14 I will have to go back and look at the records 15 but I thought those records were already contained -- 16 MR. PAKULA: I imagine that you can guess that 17 I have not looked at every page of these records and 18 we too will look and see if we -- we will check and 19 20 see if we were wrong. 21 THE SPECIAL MASTER: If it isn't, you will let 22 cotinsel know immediately. MR. PAKULA: Of course -- `immediately. 23 THE SPECIAL MASTER: Ewault is the same. 24 MR. PAKULA: Schaeffer. That was January 11th 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 120 I and it got cnangea to January i Z . H i W l U U i w a s .....u u t t ....u u :L-------- ---------- 2 plaintiffs were to answer defendant's limited 3 interrogatories re representative plaintiff and that 4 is the subject of objections by the defendant to the 5 answers that were served which will be heard at a 6 later time. 7 January 15th -- I'll skip that -- that's the 8 deposition date we talked about before. 9 January 16th, plaintiffs were to answer defendai. . 10 general interrogatories. 11 Those answers have been received. Objections 12 to the answers have been made. That will be the subje 13 of a later hearing. 14 January 16th was also the last day for the 15 Government to respond to defendant's document request 16 re causation. As you can tell the documents are still rolling 17 in and I think we resolved a lot of problems because 18 of your ruling, but that is the status of that -- they 19 20 are coming in as they come in. January 16th, the plaintiffs were to produce 21 Rule 26(b) -- you always straighten me out on this -- 22 THE SPECIAL MASTER: (b)(4)(a)(1) -- because 23 I have used it so long. 24 MR. PAKULA: For their treating physicians and 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 X avr\or*o , | j 1 none have been received. 2 THE SPECIAL MASTER: I received a letter from 3 Mr. Musselwhite which I assume counsel -- which was 4 addressed to the Court and I am not sure -- would you 5 check, Mr. Dean, to make sure'that Mr. Musselwhite 6 has the Magistrate on the mailing list because I am 7 not sure that the Magistrate received a copy. 8 MR. DEAN: The Magistrate did not get 9 Mr. Musselwhite's communication and we will remedy 10 that. 11 THE SPECIAL MASTER: That dealt with not only 12 the medical expert but also experts. 13 Frankly, I was troubled not so much that the 14 deadline was not met but there was no indication of 15 a date. 16 MR. DEAN: Mr. Musselwhite told me a couple of 17 days ago he had written a letter and I have not seen 18 it. THE SPECIAL MASTER: More important than that, 19 when are the plaintiffs going-to select their experts. 20 21 MR. DEAN: I know that plaintiffs have now 22 some names of experts. I will tell you that I spoke to Mr. Henderson 23 this morning and he alerted me that he assumed this 24 was going to be discussed. 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 223 CADMAN PLAZA EAST BROOKLYN, NEW YORK 11201 330-7617 1205 8 1 ' I said, thanks a lot. 2 He wanted me to convey to you the fact that I 3 know his office has received -- had sent out many, many 4 many requests for medical reports from the treating 5 physicians. 6 A number of those reports -- so the defendants 7 are not now prejudiced -- a number of those reports 8 are found within the medical records themselves and 9 I tell you, if there was a way to duplicate those 10 reports -11 (Continued on next page.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330.7687 ^ O f\ ~ 1 THE SPECIAL MASTER: But even assuming that the.i j 2 key seems to me that it is your expert medical \ 3 witness -- : 4 MR. DEAN: We are not talking about expert 5 witnesses at all. Mr. Pakula was talking about 6 treating physicians. 7 THE SPECIAL MASTER: But they are also -- he 8 is also talking about expert medical. And Mr.'Musse 9 white's letter says he is sorry, we missed all 10 deadlines but we are trying our best. 11 That's fine, but somebody has to be in a posi 12 tion by Monday to ask when is this going to be done'. 13 The whole structure of discovery depends on the 14 plaintiff's going first and making proper production. 15 Now, you know the judge's feeling that time is 16 short and people are doing their best, he under 17 stands it and recognizes it and sympathizes with it. ! 18 But you better get that done and you should be in a 19 position by Monday to say, Judge, you will get it 20 by Tuesday or Wednesday. And if you don't have a 21 date by then you will be jumping into the frying pa: 22 or into the fire, whichever is worse. 23 MR. PAKULA: You have covered the whole subject 24 And we don't have any 26(b) reports of any sort 25 whatsoever. Until we get that there are things that EASTERiN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 22} CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 12098 2 THE SPECIAL MASTER: I a g r e e c o u n s e 1. j t 3 MR. PAKULA: Those are the only dates that have ' 4 passed. I j 5 So the only other thing that I wanted to mentic 6 and this is something that the defendants just workc 7 out yesterday or the day before -- yesterday, really 8 and that is that we are scheduling in New York our 9 medical examinations for the period March 1st thro 10 March 5th. You probably don't know that yet, Mr. Ae11 New York is the place and Albert Einstein is the 12 location. 13 THE SPECIAL MASTER: The hospital? 14 MR. PAKULA: Yes. 15 THE SPECIAL MASTER: In the Bronx? 16 MR PAKULA: And the dates are March 1st threap:'. 17 March 5th for the examinations. V.'e will provide 18 other information as well, but I am conveying that 19 date to you now, Dave. I am.not asking you to comme 20 on it unless you want to. 21 THE SPECIAL MASTER: It's a fine institution. 22 I once represented them. 23 MR. PAKULA: At the soonest possible time I 24 would like to know if there is anybody that cannot 25 go there or cannot be there at that time. Because l EASTERN DISTRICT COURT REPORTERS UNITED STATES DISTRICT COURT 225 CADMAN PLAZA EAST BROOKLYN. NEW YORK 11201 330-7687 12059 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------- x In re : "AGENTORANGE" : ProductLiabilityLitigation : ---------------------------------- x MDL No. 381 DEFENDANTS' INTERROGATORIES TO ELEVEN PROPOSED REPRESENTATIVE PLAINTIFFS-- PLEASE TAKE NOTICE that pursuant to the directions of Special Master Schreiber, you are hereby required to answer each of the following interrogatories for each of the eleven proposed representative plaintiffs and for each other person claiming derivatively through him as a result of his exposure to Agent Orange in Vietnam under oath on or before January 11., 1984. These Interrogatories shall be deemed served only on behalf of those defendants who have properly been made parties hereto by service of the summons and complaint in accordance with the Federal Rules of Civil Procedure and shall not be deemed an appearance, admission of service or consent to jurisdiction by any defendant not so made a party to this action. These Interrogatories are continuing interrogatories. If at any time after service of answers hereto plaintiff obtains or becomes aware of additional information pertaining to any of the Interrogatories, plaintiff shall immediately serve supplemental sworn written answers setting forth such additional information. I. GENERAL State your name, social security numberf military service number, and each address at which you have ever lived (excluding time during active military service), starting with your current address, and give the dates you lived at each address. Identify each educational institution you attended, the dates of your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination: a) the date of the examination; b) the hospital or institution where such examination war given; and c) the name and address of the person conducting the examination. If you have ever applied for life, health or accident insur ance, state with respect to each such application: a) the date of the application; b) the kind of insurance applied for; c) the name and address of the insurance company to which the application was made; d) whether such application was accepted and if not, why not; and e) whether a medical examination was given in connection with the application, and, if so, identify the person conducting the examination and the medical institution where the examination was given. If you have ever made a claim for benefits for any medical condition (including worker's compensation, veteran's bene fits, state or federal disability or insurance or union or third party medical plans) state with respect to each such claim: a) the type of claim (worker's compensation, veteran's benefits, etc.); b) the date of the claim; c) the claim number or other identification of the claim; d) the entity to whom the claim was made, including the name and address; e) the medical condition for which the claim was made; and f) the disposition of claim. If you have ever filed or otherwise commenced a legal actior in connection with any medical condition (other than this action) state as to each such action: a) the date that action was filed or otherwise commenced, the court or administrative body, the full title of the action, the index or other identifying number, and the identity of all parties to the action; b) a description of the medical condition in connectior with which the action was filed, and how you believe that medical condition occurred; c) a description of the outcome of the action, or of its present status if it is still pending; and d) the dates and amounts of any payments, either as result of a judgment or settlement, which you have received or which you are scheduled to receive. II. EMPLOYMENT HISTORY Identify and describe each job you have held, whether employed by others or self-employed, and state as to each: a) the name and address of your employer, the address of your workplace, the nature of the business and your jot title; b) your duties and responsibilities; c) the date the job began and ended and the reasons for termination of the job; and d) the date and place of each physical or mental examina tion that you underwent in connection with such job, identifying the name and address of each medical practitioner conducting the examination and the name -3- 1 2 0 6 2 and address of any medical institution at which such examination was conducted. With respect to each job identified in response to Inter rogatory No. 6, identify each on-the-job injury, medical condition or accident that you experienced, and state sepa rately as to each: a) a description of the injury, medical condition or acci dent? b) the dates of the injury, medical condition or accident; and c) the treatment received, including the treating physi cian's name and address and all hospitalizations, oper ations and medication received. III. FAMILY MEDICAL HISTOB State the names and addresses of your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchildren, and with respect to each: a) if any of them are deceased, state his or her age at the time of death and the time, place and cause of death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attention; c) identify any birth or genetic defects or miscarriages which they had; and d) with respect to each relative, identify each medical practitioner and medical institution that treated them, and set forth the diagnosis. IV. VETERAN'S MEDICAL HISTORY State: a) the date of your birth; -4- 12063 b) the name and address of the hospital or other facility where you were born, and the name and address of each attending physician or other medical practitioner; and c) each birth defect that you had and each medical compli cation connected with your birth (e.g., premature birth, breech birth, jaundice, fetal alcoholism), and each medical complication or health problem that your mother had in connection with her pregnancy or your birth (e.g.. toxemia, long period of labor). 10. Identify each injury, illness, disability or other physical or mental condition which you have ever had, whether tempo rary or permanent, and state separately as to each: a) each medical practitioner and/or medical institution seen or visited by you for the purposes of consulta tion, diagnosis, prognosis, x-rays, treatment or other care, specifying the dates of all hospitalizations; b) the diagnosis or prognosis made by each medical practitioner and medical institution; and c) the nature and extent of the care and treatment received in each medical institution and from each medical practitioner. 11. With respect to each injury, illness, disability, or other physical or mental condition identified in response to In terrogatory 10, identify each such condition that you claim or believe was caused by or arose out of exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof, and state separately as to each: a) a description of each symptom; b) whether you contend that such injury, illness disabili ty or other physical or mental condition was caused by exposure to Agent Orange, 2,4,5-T, 2,4-D, dioxin, or some combination thereof; c) the date and manner-in which each such symptom first manifested itself or was made known to you; and d) the basis for your claim or belief that the condition was caused by or arose out of exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof, including the name and address of each person whc furnished information contributing to said claim or belief, and the substance of that information. -5- f O ^ ,* !12. i j ! Identify each drug or medication ever used or taken by you, including, but not limited to, illegal, recreational and over-the counter drugs, and for each drug or medication, set forth the following with respect to each: a) the brand name, generic name, or "street name" of the drug; b) the dates of use; c) the amount used during each period of use; d) the name and address of the physician, if any, who prescribed the drug; e) a description of reasons for your use of the drug; and [ | i i I13. | I ! f) whether you have ever received any medical treatment or counseling in connection with your use of such drugs. Identify each skin condition that you have ever had, and with respect to each such condition: a) state the dates during which you had that condition; b) describe any diagnosis or medical treatment you I ceived for the condition, and state: i) the name and address of the person rendering the diagnosis or treatment; I ii) the name and address of the medical institution(s) I at which you were diagnosed or treated; | iii) the dates of the diagnosis or treatment; and j iv) the effect of the treatment. 14. If you have ever smoked cigarettes or otherwise used a tobacco product: a) identify each type of product (e.g.. cigars, ciga rettes, chewing tobacco); b) identify the time period during which you used that tobacco product; c) identify the amount used on a daily basis fe.g.. packs of cigarettes/day) ; and d) state whether any physician or other health care professional has ever advised you to stop or reduce your use of cigarettes or other tobacco products, and, i i -6- fn u^o^a~ if so, state the name and address of the physician or other health care professional and the date of the advice. 15. If you have ever consumed or drunk alcohol, state separately with respect to each type of alcohol (s^SUr liquor, beer, wine, etc.) consumed: a) at what age consumption began; b) the amount and frequency of such consumption; c) if consumption ceased at any time, the reasons for such cessation and the reasons for any resumption; and d) whether you were ever hospitalized or institutionalized for alcohol use, or advised to limit or stop alcohol use, and, if so, state the name(s) of each such hospi tal or institution or medical practitioner who treated or advised you. 16. If any insecticides (e.g.. Chlordane, Lindane, DDT), rodenticides (e.g.. rat poison), insect repellents (e.g.. DEET) or other pest control compounds were ever used by you or others around your living or working quarters, state as to each: a) the brand name or generic name of the chemical; b) a description of the chemical (e.g,. powder, liquid, color, smell); c) a description of the container for the chemical (e.g.. shape, color, markings) d) the dates of use: e) the method of application; f) the place it was applied; g) the frequency of application; and h) whether you experienced any adverse reaction to the compound and, if so, describe the reaction. VI. MILITARY SERVICE 17. State with respect to your military service: -7-f -> ^ a) the branch of the armed services in which you served; b) the inclusive dates of your service; c) the inclusive dates of service in or near Vietnam; d) the name of each military unit to which you were assigned while serving in or near Vietnam; and the dates during which you were assigned to each such unit; e) the name and location of each place or area at which you were physically present in or near Vietnam and the dates during which you were present at each such place or area; i f) your immediate superior officer's name and rank while , in or near Vietnam; and * g) the type of discharge you received. With respect to each illness, injury, wound, or other medical or psychological condition experienced by you during your military service in or near Vietnam, state: a) the date of your illness, injury, wound, or other medical or psychological condition; b) a description of the illness, injury, wound, or other medical or psychological condition, including a de scription of all symptoms; c) the cause of the illness, injury, wound, or other medical or psychological condition; d) the name and rank of the person to whom you first reported the illness, injury, wound, or other medical or psychological condition (if anyone); e) the date that you first reported the illness, injury, wound, or other psychological or medical condition; f) the name, rank and location of each physician or other health care professional who treated your illness, injury, wound, or other psychological or medical condi tion, including the dates and places of treatment, and a description of the treatment you received; and g) the name and location of each hospital or other health care facility which treated your psychological or medical condition, the dates of treatment, and a description of the treatment that you received. -8- 1pon 1 9 . Describe any other medication taken by you during your military service le.q., Dapsone, Chloroquine, Primaquine, Binoctal), stating as to each: a) the brand name or generic name of the medication; b) the form of the medication te.g., pill, capsule, injection, etc.); c) the color, shape, and size of any pill or capsule taken; d) the reasons for taking the medication; e) the name and rank of the person(s) who gave you the medication; f) the dates you took the medication; g) the amount of the medication taken (e.g., pills/day); and h) whether you experienced any adverse reaction to the medication and, if so, describe the reaction. 20. State whether you ever received any training, instructions warnings or health and safety information concerning herbi cides during your military service, and identify as to each a) the dates you received the foregoing; b) the location where received; c) the name and rank of the person(s) from who it was received; d) the substance of any oral information received; and e) the title, date, author or source, and content of an} written material received. 21. Set forth with respect to each time you claim to have beer exposed to herbicides: a) the date of the alleged herbicide exposure; b) the time of day of the alleged exposure; -9 - 1C c) the closest geographical or political reference point (e.g., hill, town, landing zone) to the place you believe you were exposed; d) a description of the terrain at the place of allge exposure; e) a description of how the herbicide was being applied (e.g., helicopter, aircraft, hand, jt.); f) a description of your activities at the time of allge exposure; g) the manner you believe your body was physically exposec to the herbicide (e.g.. skin contact, inhalation, in gestion or swallowing), and, if you believe you were exposed by contact on your skin, identify the areas or. skin that came in contact with the herbicide; h) the name and rank of other people present at the tim of alleged exposure; and i) with respect to any deceased proposed representative plaintiff, state how such plaintiff will demonstrate any of the information requested in subparts a) throug' h) of this interrogatory, identifying any persons wit; such information who will testify as to such plain tiff's exposure to herbicides. ONLY IF YOU CONTEND THAT ANY OF YOUR CHILDREN HAS A BIRTH DEFEC. CAUSED BY YOUR EXPOSURE TO AGENT ORANGE, 2,4-D, 2,4,5-T, DIOXIi OR SOME COMBINATION THEREOF, ANSWER THE FOLLOWING INTERROGATO' RIES. 22. Identify the children that you have fathered, including name, date and place of birth of each such child, and the name and address of each child's mother. 23. Identify each of your children whom you contend has birth o: genetic defects allegedly caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof and identify: a) the birth or genetic defects which you contend were caused by your exposure to Agent Orange, 2,4-D, 2,4,5T, dioxin, or some combination thereof, and state the basis for your belief, including opinions of an\ physicians; b) any other birth or genetic defects which the child has: -10- t.O ^ `o J c) each medical practitioner and medical institution seen or visited by the child or in which the child was confined for purposes of consultation, diagnosis, prognosis, treatment or other care, and the dates, purposes and results of such consulation, diagnosis, prognosis, treatment or other care; and d) the identity of the mother of each child. 24. Identify each and every child of each mother identified in response to Interrogatory 22 and state as to each: a) the child's name, address, date of birth and place of birth, including the name and address of the hospital or other place where delivery occurred; and b) the physician(s) who treated the mother during pregnancy and/or delivered the child. 25. With respect to each mother identified in response to Inter rogatory 23(d), identify her brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews, and grandchildren, and: a) if any of them are deceased, state his or her age at the time of death and the time, place, and cause of death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attention; c) identify each medical practitioner and medical institu tion that treated them, and set forth the diagnosis of each, stating the same as to each relative. 26. With respect to each pregnancy, for each mother identified in response to Interrogatory 23(d), state: a) whether the mother was exposed to or contracted any viral or bacterial infection or disease during or shortly before the pregnancy (e.o.. German measles, flu, i.) and if so, identify the infection or illness, the period during which it occurred, and any medication or treatment given therefor; b) whether the mother incurred any injury during pregnan cy, and, if so, describe the injury, the treatment -11- >n 7 0 .1 . . received, any examining or treating physicians, and any institutions at which treatment occurred; c) whether the mother or father ever had any venereal disease, and, if so, describe the disease, the treat ment received, any examining or treating physicians, and any institutions at which treatment occurred; d) whether diagnostic procedures, including, but not l i m i t e d to, a b d o m i n a l x-ray or pe l v i m e t r y , amniocentesis, and/or ultrasound were used, and, if so, set forth the date of the procedure, describe the procedure, the examining or treating physician and any institutions at which the procedure occurred; and e) whether any medical problems or complications arose during pregnancy (e.g., toxemia), and, if so, describe the problems or complications and the treatment received. 27. Answer Interrogatories 6, 7, 12, 14, 15, and 16 with respect to each mother identified in response to Interrogatory 23(d). 28. For each mother identified in response to Interrogatory 22 identify each and every pregnancy not resulting in a live birth, and state with respect to each: a) whether there was a miscarriage and/or spontaneous abortion, and, if so, state the date and describe the reason for the miscarriage and/or spontaneous abortion and identify any examining or treating physicians, and any institutions at which it occurred; b) if the response to a) above is affirmative, state whether you contend that such miscarriage and spontaneous abortion was caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof; c) whether there was a voluntary or therapeutic abortion, and, if so, statethe date and describe the reason for the voluntary or therapeutic abortion, and identify any examining or treating physicians, and any institutions at which the abortion occurred; and d) if the response to c) above is affirmative, state whether you contend that such voluntary or therapeutic abortion was caused or necessitated by your exposure to -12- PJ1L t e n\j 7/ 1JL Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combina tion thereof. Dated: New York, New York December 23, 1983 CADWALADER, WICKERSHAM & TAFT A Member of the Firm Attorneys for Defendant Diamond Shamrock Chemicals Company One Wall Street New York, New York 10005 (212) 908-7000 TOWNLEY & UPDIKE Attorneys for Defendant Monsanto Company 405 Lexington Avenue New York,. New York 10174 (212) 682-4567 RIVKIN, LEFF, SHERMAN & RADLER Attorneys for Defendant The Dow Chemical Company 100 Garden City Plaza Garden City, New York 11530 (516) 746-7500 CLARK, GAGLIARDI & MILLER Attorneys for Defendant T H Agriculture & Nutrition Company, Inc. The Inns of Court 99 Court Street White Plains, New York 10601 (914) 946-8900 -1 3 - H r .<*>. v -< / - } ARTHUR, DRY & KALISH Attorneys for Defendant Uniroyal, Inc. 1230 Avenue of the Americas New York, New York 10020 (212) 841-9300 BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM Attorneys for Defendant Thompson Chemicals Company 33 Washington Street Newark, New Jersey (201) 622-7400 -14 - 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK __________________________________ x In re "AGENT ORANGE" : Product Liability Litigation : MDL No.381 ANSWERS OF DAVID GENE LAMBIOTTE TO DEFENDANT'S INTERROGATORIES TO PROPOSED REPRESENTATIVE PLAINTIFFS PLAINTIFF'S MANAGEMENT COMMITTEE: Phillip E. Brown, Esq. Hoberg, Finger, Brown, Cox !< Mol 1igan 703 Market Street <18th Floor) San Francisco, California 94103 Stanley M. Chesley, Esq. Waite, Schneider, Bayless and Chesley Co. L.P.A. 1513 Central Trust Tower Fourth and Vine Streets Cincinnati, Ohio 45202 David J. Dean, Esq. Dean, Falanga & Rose One Old Country Road Carle Place, New York 11514 Newton B. Schwartz, Esq. Houston Bar Center Building 723 Main (Suite 325) Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin S< Sears Frick Building (10th FI.) Pittsburgh, PA. 15219 Benton Musselwhite, Esq. & John 0. O'Quinn, Esq. 609 Fannin (Suite 517) Houston, Texas 77002 Stephen J. Schlegel, Esq. Schlegel & Tra-felet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Gene Locks, Esq. Neil Peterson Esq. Greitzer & Locks, Esqs. 1500 Walnut Street Philadelphia, PA 19102 -CSJ / t UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re "AGENT ORANGE" E2!?!i_I'i3iliY_I;iigation_______ I. GENERAL MDL No. 381 1. State your name, social security number, military service number, and each address at which you have ever lived (excluding time during active military service), starting with your current address, and give the dates you lived at each address. David Gene Lamb otte 223-68-8395 44 Westover Road Newport News, Virginia 1983 551 Logan Place Newport News,'Virgini a , 1980-1983 York, Maine 1978-1980 220 Palen Ave. Newport News, Virginia 1975 304 Hurley Ave. Newport News, Virginia 1974 River Drive Apartments Newport News, Virginia 1973 44 Westover Road Newport News, Virginia 1947-1969 2. Identify each educational institution you attended, the dates o-f your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination. a) the date o-f the examination; b>. the hospital or institution where such examination was given; and c) the name and address o-f the person conducting the examination. 2. Attended Christopher Newport Community College, 19681971. No physical exam required. 3. If you have ever applied for life, health or accident insurance, state with respect to each such application: a) the date of the application; b) the kind of insurance applied for; '' / c) the name.and address of the insurance company to which the application was made; d) whether such application was accepted and if not, why not; and e) whether a medical examination was given in connection with the application, and, if so, identify the person conducting the examination and the medical institution where the examination was given. 3. Interrogatory deleted. If you have ever made a claim -for benefits -for any medical condition (including worker's compensation, veteran's benefits, state or federal disability or insurance or union or third party medical plans) state with respect to each such claim: a) the type of claim (worker's compensation, veteran's benefits, etc.); b) the date of the claim; c) the claim number of other identification of the claim d) the entity to whom the claim was made, including the name and address; e) the medical condition for which the claim was made; and f) the disposition of claim. 120 _____________________________________________________________________________a _____________- -- _________- ____________________________________ ______________ 4. With Veterans Administration -for disability, 1979, January. Lymphoma in connection with Agent Orange exposure. Non-service disability awarded. 5. If you have ever filed or otherwise commenced a legal action in connection with any medical condition (other than this action) state as tD each such action: a) the date that action was filed or otherwise commenced, the court or administrative body, the full title of the action, the index or other identifying number, and the identity- of all parties to the action; b) a description of the medical condition in connection with which the action was filed, and how you believe that medical condition occurred; c) a description of the outcome of the action, or of its present status if it is still pending; and d) the dates and amounts of any payments, either as a result of a judgment or settlement, which you have received or which you are scheduled to receive. 5. Auto accident sprained back and whiplash, settled out court. Auto accident, multiple bruises - settled out of court. II. EMPLOYMENT HISTORY Identify and describe each job you have held, whether employed by others or self-employed, and state as to each: a) the name and address of your employer, the address of your workplace, the nature of the business and your job title; b) your duties and responsibilities; c) the date the job began and ended and the reasons for termination of the job; and d) the date and place of each physical and mental examination that you underwent in connection i fnedp\j$i with such job, identifying the name and address of each medical practitioner conducting the examination and the name and address of any medical institution at which such examinations was conducted. 6. City of Newport News, Virginia, lifeguard and swimming instructor - lifeguard 1965, no examination required. Job was for the summer only. Various short term jobs one of which required an examination. - Sherwin Williams Paint Company, Consolidated Carpet Installation, Envirotech, office work, time keeper/book keeper, payroll clerk, etc. With respect to each job identified in response to Interrogatory No. 6, identify each on-the-job injury, medical condition or accident that you experienced, and state separately as to each: a) a description of the injury, medical condition or accident; b) the dates of the injury, medical condition or accident; c) the treatment received, including the treating physician's name and address and all hospital isations, operations and medication received. 7. No on the job injuries except previously mentioned auto accident which occurred while' driving a company truck. III. FAMILY MEDICAL HISTORY State the names and addresses of your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchi1dren, and with respect to each: a) if any of them are deceased, state his or her age at the time of death and the time, place and cause of death; 12 Cl Q L ' b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attention. c) identify any birth or genetic defects or miscarriages which they had; and d) with respect to each relative, identify each medical practitioner and medical institution that treated them, and set forth the diagnosis. B. Married five years to Elisabeth Bugg, no children. Brothers: Arthur G. Lambiotte, 208 S. Muhlenberg St.. Woodstock, Virginia 22664; Michael G. Lambiotte, IB Milfor Road, Newport News, Virginia,; Sidney P. Lambiotte, 275 Highgate Court, Wheelersburg, Ohio, 45694. Father: Arthur J. Lambiotte Mother: Dorothy T. Lambiotte. IV. VETERAN'S MEDICAL HISTORY State: a) the date of your birth; b) the name and address of the hospital or other facility where you were born, and the name and address of each attending physician or other medical practitioner; and c) each birth defect that you had and each medical complication connected with your birth (e.g., premature birth, breech birth, jaundice, fetal alcoholism), and each medical complication or health problem that you mother had in connection with her pregnancy of your birth (e.g., toxemia, long period of labor). 9. a. November 1, 1947 b. Riverside Hospital, Newport News, Virginia, Dr. Bland (deceased). c. No birth defects, mother had anemic condition, short, easy labor. 10. Identify each injury, illness, disability or other physical or mental condition which you have ever had, whether temporary or permanent, and state separately as to each: a) ' each medical practitioner and/or medical institution seen or visited by you for the purposes of consul tation, diagnosis, prognosis, x-rays, treatment or other care, specifying the dates of all hospital izations; b) the diagnosis or prognosis made by each medical practitioner and medical institution; and c) the nature and extent of the care and treatment received in each medical institution and from each medical practitioner. 10. Other than as enumerated in 11 infra, only occasional cold, sore throat, and sinus infection. 11. With respect to each injury, illness, disability, or other physical or mental condition identified in response to Interrogatory 10, identify each such condition that you claim or believe was caused by or arose out of exposure t D Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof, and state separately as to each: a) a description of each symptom; b) whether you contend that such injury, illness disability or other physical or mental condi tion was caused by exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof ; c) the date and manner in which each such symptom first manifested itself or was made known to you; and d) the basis for your claim or belief that the condi tion was caused by or arose out of exposure to 6 12C80 Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof, including the name and address of each person who -furnished in-formation contributing to said claim or belief, and the substance of that information. 11. a. Lymphocytic Lymphoma, with periods of exacerbation, rash, night sweats, loss of weight, sensitivity to sunlight, memory loss, irritabi1ity, anxiety, and seizures. b. deleted .. ' c. Seizures began in 1972 or 1973. 12. Identify each drug or medication ever used or taken by you, including, but not limited to, illegal, recreational and over-- the-counter drugs, and for each drug or medication, set forth the following with respect to each: a) the brand name, generic name, or "street name" of the drug; b) the date of use; c) the amount used during each period of use; d) the name and address of the physician, if any, who prescribed the drug; e) a description of reasons for your use of the drug; and f) whether you have ever received any medical treatment or counseling in connection with your use of such drugs. 12. a. Valium, Dilantin, Phnobarbital, and Tegretol, and occasional marijuana. b. Valium since shortly after plaintiff's return from Vietnam. All others to control the seizures. c. Drs. Warren, Mattern, Salter, Savin, the Neurologist at VA Hospital. 12081 2. d. For plaintiff 's stress problems and to control plaintiff's seizures. 13. Identify each skin condition that you have ever had, and with respect to each such condition: a> state the dates during which you had that condtion; b) describe any diagnosis or medical treatment you received -for the condi tion, and state: i) the name and address o-f the person rendering the diagnosis or treatment; / ii) the name and address o-f the medical institution(s) at which you were diagnosed or treated; iii) the dates o-f the diagnosis or treatment; iv) and the e-f-fect o-f the treatment. 13. a. skin cancer on -face. b. Dr. Neal 321 Main Street, Newport News, Virginia, 23601. 14. I-f you have ever smoked cigarettes or otherwise used a tobacco product: a) identi-fy each type o-f product <e.g., cigars, cigarettes, chewing tobacco); b) identi-fy the time period during which you used that tobacco product; c) identi-fy the amount used on a daily basis (e.g., packs of cigarettes/day); and d) state whether any physician or other health care professional has ever advised you to stop or reduce your use of cigarettes or other tobacco products, and, if so, state the name and address of the physician or other health care professional and the date of the advice. [2082 8 14. a. yes. cigarettes. b. 1965 to present. c. One and one hal-f packs per day. d. Yes, certain doctors plaintiff has seen. 15. If you have ever consumed or drunk alcohol, state separately with respect to each type of alcohol (e.g., liquor, beer,, wine, etc.) consumed: ' a) at what age consumption began; b) the amount and frequency of such consumption; c) if consumption ceased at any time, the reasons for such cessation and the reasons for any resumption; and d) whether you were ever hospitalized or institutionalized for alcohol use, or advised to limit or stop alcohol use, and, if so, state the name(s) of each such hospital or institution or medical practitioner who treated or advised you. 15. a. Eighteen or nineteen. b. Socially and moderately. c. Has not ceased, has lessened. d. No. 16. If any insecticides (e.g., Chlordane, Lindane, DDT), rodenticides (e.g., rat poison), insect repellents (e.g., DEET) or other pest control compounds were ever used by you or others around your living or working quarters, state as to each: a) the brand name or generic name of the chemical; b) a description of the chemical (e.g., powder, liquid, color, smell); ^ ! nUo r6 9 c) a description of the container for the chemical (e.g., shape, color, markings) d) the date of use; e) the method of application; f) the place it was applied; g) the frequency of application; and h) whether yt>u experienced any adverse reaction to the compound and, if so, describe the reaction. 16. Yes. Plaintiff has used insecticides to control ants, flies, fleas, etc. Apartment complexes use insecticides also to control insects however, plaintiff is not aware of the neme brands of the products they used. Plaintiff used ordinary store brand powder for fleas and spray for ants with no reaction from such use. VI. MILITARY SERVICE 17. State with respect to your military service: a) the branch of the armed services in which you served; b) the inclusive dates of your service; c> the inclusive dates of service in or near Vi etnam; d) the name of each military unit to which you were assigned while serving in or near Vietnam; and the dates during which you were assigned to each such units; e) the name and location of each place or area at which.you were physically present in or near Vietnam and the dates during which you were present at each such place or area; f) your immediate superior officer's name and rank while in or near Vietnam; and g) the type of discharge you received. 1203 17. a. Army. b. December 1966 - September 1968. c. May 1967 - April 196B. d. Stationed on Cam Rahn Bay and went with convoys e. delivering supplies to various areas on the mainland. f. Plaintiff does not remember any specific names of places, he delivered the supplies and left. g. Honorable. 18. With respect to each illness, injury, wound or other medical or psychological condition experienced by you during your military service in or near Vietnam, state: a) the date of your illness, injury, wound, or other medical or psychological condition; b) a description of the illness, injury, wound, or other medical or psychological condition, including a description of all symptoms; c> the cause of the illness, injury, wound, or other medical or psychological condition; d) the name and rank of the person to whom you first reported the illness, injury, wound, or other medical or psychological condition (if anyone): e) the date that you first reported the illness, injury, wound, or other psychological' or medical condition; f) the name, rank and location of each physician or other health care professional who treated your illness, injury, wound, or other psychological or medical condition, including the dates and places of treatment, and a description of the treatment you received; and g) the name and location of each hospital or other health care facility which treated your psycholo gical or medical condition, the dates of treatment, and a description of the treatment that you received. 11 IB. The only injury plaintiff recieved was in the warehouse where he was working. Plaintiff was sitting at a desk doing paper work when a lieutenant who had not been cleared to do so began to use a forklift, he lost control of it and the forklift pinned plaintiff to the wall and injured plaintiff's shin from which plaintiff has a scar. 19. Describe any other medication taken by you during your military service (e.g., Dapsone, Chloroquine, Primaquine, Binoctal), stating as to each: a) / b) the brand name or generic name of the medication; the form of the medication (e.g., pill, capsule, injection, etc.); c) the color, shape, and sice of any pill or capsule taken; d) the reasons for taking the medication; e) the name and rank of the person(s) who gave you the medication; f) the dates you took the medication; g) the amount of the medication taken (e.g., pills/day); and h) whether you experienced any adverse reaction to the medication and, if so, describe the reaction. 19. The only medication plaintiff had was for a headache, plaintiff does not recall what me'dicine it was. 20. State whether you ever received any training, instructions, warnings or health and safety information concerning herbicides during your military service, and identify as to each: a) the dates you received the foregoing; b) the location where received; c) the name and rank of the person(s) from who 12 it was received; d) the substance of any oral information received; and e) the title, date, author or source, and content o-f any written material received. 20. No. Set -forth with respect to each time you claim to have been exposed to herbicies: a) the date o-f the alleged herbicide exposure; b) the time o-f day of the alleged exposure; c) the closest geographical or political reference point (e.g., hill, town, landing zone) to the place you believe you were exposed; d) a description of the terrain at the place of alleged exposure; e) a description of how the herbicide was being applied (e.g., helicopter, aircraft, hand, etc.); f) a description of your activities at the time of alleged exposure; g) the manner you believe your body was physically exposed to the herbicide (e.g., skin contact, inhalation, ingestion or swallowing), and, if you believe you were exposed by contact on your skin, identify the areas of skin that came in contact with the herbicide; h) the name and rank of other people present at the time of alleged exposure; and i) with respect to any deceased proposed repre sentative plaintiff, state how such plaintiff will demonstrate any of the information requested in subparts a) through h) of this interrogatory, identifying any persons with such information who will testify as to such plaintiff's exposure to herbicides. 21. Cam Rahn was defoliated, plaintiff lived and worked in the soil there, also the areas on the mainland across from Cam Rahn were defoliated and the convoys went to areas to the north and to the south, sometimes overnight runs. ONLY IF YOU CONTEND THAT ANY OF YOUR CHILDREN HAS A BIRTH DEFECT CAUSED BY YOUR EXPOSURE TO AGENT ORANGE, 2,4-D, 2,4,5-T, DIOXIN OR SOME COMBINATION THEREOF, ANSWER THE FOLLOWING INTERROGATORIES. 22.' Identify the children that you have fathered, including name, date and place of birth of each such child, and the name and address of each child's mother. 22. Not applicable. Identify each of your children whom you contend has birth or genetic defects allegedly caused by your exposure to Agent Orange, 2.4-D, 2,4,5-T, dioxin or some other combination thereof, and identify: a) the birth or genetic defects which you contend were caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof, and state the basis for your belief, including opinions of any physicians; b) any other birth or genetic defects which the child has; c) each medical practitioner and medical institution seen or visited by the child or in which the child was confined for purposes of consultation, diagnosis, prognosis, treatment or other care, and the dates, purposes and results of such consultation, diagnosis, prognosis, treatment or other care; and d) the identity of the mother of each child. 23. Not applicable JL-feI'Oc w 24. Identify each and every child of each mother identified in response to Interrogatory 22 and state as to each: a) the child's name, address, date of birth and place of birth, including the name and address of the hospital or other place where delivery occurred; and b) the physician<s> who treated the mother during pregnancy and/or delivered the child. 24. Not applicable. 25. With respect to each mother identified in response to Interrogatory 23(d), identify her brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews, and grandchildren, and: a) if any of them are deceased, state his or her age at the time of death and the time, place and cause of death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attention; c) identify each medical practitioner and medical institution that treated them, and set forth the diagnosis of each, stating the same as to each relative. 25. Not applicable. 26. With respect to each pregnancy, for each mother identified in response to Interrogatory 23(d), state: a) whether the mother was exposed to or contracted any viral or bacterial infection or disease during or shortly before the pregnancy (e.g., German measles, flu, etc.) and if so, identify the infection or illness, the period during which it occurred, and any medication or treatment given therefor; b) whether the mother incurred any injury during O pregnancy, and, if so, describe the injury, the treatment received, any examining or treating physicians, and any institutions at which treat ment occurred; c) whether the mother or father ever had any venerai disease, and, if so, describe the disease, the treatment received, any examining or treating physicians, and any institutions at which treatment occurred; d) whether diagnostic procedures, including, but not limited to, abdominal x-rays or pelvimetry, amniocentesis, and/or ultrasound were used, and, if so, set forth the date of the procedure, describe the procedure, the examining or treating physician and any institutions at which the procedure occurred; and e) whether any medical problems or complications arose during pregnancy (e.g., toxemia), and, if so, describe the problems or complications and the treatment received. 26. Not applicable. x 27. Answer Interrogatories 6, 7, 12, 14, 15, and 16 with respect to each mother identified in response to Interrogatory 23(d). 27. Not applicable. 28. For each mother identified in response to Interrogatory 22 identify each and every pregnancy not resulting in a live birth, and state with respect to each: a) whether there was a miscarriage and/or spontaneous abortion, and, if so, state the date and describe the reason for the miscarriage and/or spontaneous abortion and identify any examining or treating physicians, and any institutions at which it occurred; b) if the response to a) above is affirmative, state whether you contend that such miscarriage and spontaneous abortion was caused by your exposure I to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof; c) whether there was a voluntary or therapeutic abortion, and, if so, state the date and describe the reason for the voluntary or therapeutic abortion, and identify any examining or treating physicians, and any institutions at which the abortion occurred; and d) if the response to c) above is affirmative, state whether 'you contend that such voluntary or therapeutic abortion was caused or necessitated by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof.. 28. Not applicable. Dated: Carle Place, New York January 14, 1984 PLAINTIFFS' MANAGEMENT COMMITTEE DAVID J. DEAN, ESQ. DEAN, FALANGA & ROSE, ESQS. One Old Country Road Carle Place, New York 1151 (516) 248-9888 12091 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re "AGENT ORANGE" Product Liability Litigation : : MDL No. 381 ANSWERS OF DANNY GENE JORDAN TO DEFENDANT'S INTERROGATORIES TO PROPOSED REPRESENTATIVE PLAINTIFFS FLAINTIFF'3 MANAGEMENT COMMITTEE: Phillip E. Brown, Esq. Hob erg. Finger, Brown, Co;-: & Mol 1igan 703 Market Street (loth Floor) San Francisco, California 94103 Stanley M. Chesley, Esq. Waite, Schneider, Bayless and uhesley Co. L.P.A. 1513 Central Trust Tower Fourth and Vine Streets Cincinnati, Ohio 45202 David J. Dean, Esq. Dean, Fa 1anga ?< Rose One Old Country Road Carle Place. New York 11514 Newton B. Schwarts, Esq. Houston Bar Center Building 723 Main (Suite 325) Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin S< Sears Frick Building (10th FI.) Pittsburgh, PA. 15219 Benton Mussel white, E=>q. ?< jGhn 0. 0 'Quinn, Esq. 09 Fannin (Suite 517) Houston, Texas 77002 Stephen J. Schlegel, Esq. Schlegel !< Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Gene Locks, Esq. Neil Peterson Esq. Greitzer S< Locks, Esqs. 1500 Walnut Street Philadelphia, PA 19102 X1 4o ^ nJ n,, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re "AGENT ORANGE" Product Liability Litigation I. GENERAL MDL No. 381 1. State your name, social security number, military service number, and each address at which you have ever lived (excluding time during active military service), starting with your current address, and give the dates you lived at each address. Danny Gene Jordan SSN 443-70-2511 MSN US54665959 7212 Sir Gawain, Austin, Texas 321 William Cannon, Austin, Texas 6049A Karen Circle, Fort Worth, Texas 1204 Scotland, Azle, Texas 3S09 Delaware, Fort Worth, Texas 6215 Lloydhill, Fort Worth, Texas Springbrook, Fort Worth, Texas 215 Polk Street, Mangum, Oklahoma 404 Alpha, Mangum, Oklahoma U.S. Army Georgia Street, Mangum, Oklahoma Lincoln Street, Mangum, Oklahoma 1705 1/2 E. Broad, Lake Charles, LA Gueydan, Louisiana 1705 1/2 E. Broad, Lake Charles, La Big Lake, Texas Glendive, Montana Newtown, North Dakota Dickinson, North Dakota Bismarck, North Dakota Mi note, nORTH Dakota Chickasota, Oklahoma Mangum, Oklahoma 1/80 to present 8/78 to 1/80 6/75 to 8/78 1/75 to 6/75 4/73 to 1/75 9/72 to 4/73 5/71 to 9/72 1/70 to 5/71 ..2/69 to 1/70 6/67 to 2/69 11/65 to 6/67 8/65 to 11/65 9/60 to 8/65 9/59 to 1/60 5/57 to 9/59 1/57 to 5/57 5/55 to 1/57 10/54 to 5/55 8/54 to 10/54 5/54 to 8/54 1/54 to 5/54 12/53 to 1/54 9/53 to 12/53 Identify each educational institution you attended, the dates of your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination. a) the date of the examination; b) the hospital or institution where such examination was given; and c) the name and address of the person conducting the examination. University of Texas. Auston, Texas No physical or mental exam given 9/78 to 12/78 12093 Texas Wesleyan University, Fort Worth, TX No physical or mental exam required 1/73 to 5/74 Altus Jr. College, Altus, Oklahoma Physical by Dr. Pierson (in office) Mangum, Oklahoma 73554 9/69 to 5/71 Lake Charles High School, Lake Charles, LA 9/61 to 5/65 Physical by dR. Charles Woodard (in o-f-fice) Lake Charles, La. Central Elementary, Lake Charles, La. 'physical by Dr. Charles Woodard Lake Charles, La. 9/60 to 5/61 and 8/57 to 9/59 Catholic School Gueydan, Louisana Do not remember any medical exams tor school. 9/59 to 9/60 If you have ever applied for life, health or accident insurance, state with respect to each such application: a) the date of the application; b) the kind of insurance applied for; c ) the name and address o.: the insurance company to which the application was made; d) whether such application was accepted and if not, why not; and e) whether a medical examination was given in connecti on with the application, and, if so, identify the person conducting the examination and the medical institution where the examination was given. INTERROGATORY DELETED If you have ever made a claim for benefits for any medical condition (including worker's compensation, veteran's benefits, state or federal disability or insurance or union or third party medical plans) state with respect to each such claim: a) the type of claim (worker's compensation, veteran's benefits, etc.); b) the date of the claim; c) the claim number of other identification of the claim d) the entity to whom the claim was made, including the name and address; e) the medical condition for which the claim was made; and t) the disposition of claim. a. Workman's Compensation b. Spring 1975 c. Moody Printing.Fort Worth, Texas d. Farmers Insurance Group, Fort Worth, Texas e. Ruptured disk f. Awarded 1007. disability with settlement a. Social Security Disability b. 3/77 c. SSN 443-70-2511 d. Social Security Agency, Fort Worth, Texas e. Neck and back injuries f. Awarded 100'/. disability a. Veterans Disability b. October, 1973 c. C 24880850 d. Veteran's Administration Olin Teague Hospital, Temple, Texas e. Exposure to Toxins (including Agent Orange), Choracne, loss of feeling extremities, birth defects in children and wounds received in combat, including shrapnel and loss of hearing. f. Awarded service connected disability. 107. for wounds, denied symptoms of toxin exposure, citing lack of medical proof. 5. If you have ever filed or otherwise commenced a legal action in connection with any medical condition (other than this action) state as to each such action: a) the date that action was filed or otherwise commenced, the court or administrative body, the full title of the action, the index or other identifying number, and the identity of all parties / to the action; b) a description o-f the medical condition in connection with which the action was -filed, and how you believe that medical condition occurred; c ) a description o-f the outcome of the action, or of its present status if it is still pending: and d) the dates and amounts of any payments, either as a result of a judgment or settlement, which you have received or which you are scheduled to receive. See answer to 4-A. No lawsuit actually -filed. II. EMPLOYMENT HISTORY 6. Identify and describe each job you have held. whether employed by others or sel -f-empl oyed, and state as to each: a) the name and address o-f your employer, the address of your workplace, the nature of the business and your job title; b > your duties and responsibilities; c) the date the job began and ended and the reasons for termination of the job; and d) the date and place of each physical and mental examination that you underwent in connection with such job, identifying the name and address of each medical practitioner conducting the examination and the name and address of any medical institution at which such examinations was conducted. A. Part-time janitor employed by others Central Elementary School, Lake Charles, La. Helping sweep and mop cafeteria in exchange for free lunches. during school terms from 1957 to 1960 graduated to high school unknown. B. Newspaper Delivery Boy - employed by others Lake Charles American Press Daily Newspaper Delivery Boy 4 CD Delivery o-f papers 7 days a week, collections, etc. Fall 1957 to 1959 - moved Unknown C. School Student Aide - employed by others St. Josephs Catholic School Gueydan, Louisiana Cleaning classrooms and mowing church grounds 10/59 to 5/61 - moved away Unknown D. Summer jobs in High School - construction worker employed by others Richard Construction Co., Lake Charles, La.; residential and commercial construction; part-time 1abcrer 'job site cleanup Summers o-f 1963 and 1964; returned to school N/A E. Seismograph Worker - employed by others Western Drilling Co.; Oil Exploration Big Lake, Texas; Jug Lineman Laying seismophones along blast sites' and driving water truck. Summer o-f 1961; returned to school Unknown F. Seismograph Driller's Helper - Employed by others Phillips Petroleum Co. Bartlesville, Oklahoma; Kermit, Texas and Jal, New Mexico; Petrikeyn Ex 1orati on, Driller's helper To help the driller in punching test holes -for seismic exploration. Summer o-f 1962; returned to school Unknown G. Fast Food Worker - employed by others Slick's Drive-In, Mangum, Oklahoma Slick Avery property Soda -fountain and short order cook July 1965 to October 1965; better job N/A H. Grocery Employee - employed by others United Supermarket, Mangum, Oklahoma Wade Ridley, Manager, Grocery Sales, Clerk Checking, stocking, sacking, ordering and building sales displays. October, 1969 to June, 1967; Drafted into army Unknown Police Officer - employed by others City of Mangum, Oklahoma; Mangum Police Station. Law Enforcement; patrolman Car patrol; enforcement of the law June, 1969 to August, 1969; enrolled in college Unknown Work study employee - employed by others Altus Jr. College, Altus, Oklahoma, education,' student aide Helping in computer lab grading papers, etc. During school sessions from 1969 to May, 1971; Graduated N/A Laborer, summer - employed by others City of Mangum, Oklahoma Street Department Road and street maintenance; laborer Drove dump trucks and ran tractors with mowers on City right-of-way. Part-time Fall 1969 to Spring, 1970: Fall, 1971; moved Unknown Gas Station Attendant - employed by others Bill's Shamrock Station, Mangum, Oklahoma; service station; Bill Van Vacter, Owner; cashier attendant Pumping gas, repairing flats, etc. February, 1971 to May 1971; moved No ex am Retail sales - employed by others KjMart Sporting Goods, Fort Worth, Texas Bruce Watson District Manager, Stockboy, Assistant Manager and Manager Buying, selling, merchandising sporting goods; hiring, and firing personnel; accounting, inventory, etc. September, 1971, to June, 1974; resigned Unknown Retail Grocery; employed by others Safeway Grocery Co., Lake Worth, Texas Groceries; night stocker Ordering and restocking grocery supply September, 1974, to October, 1974; better job Unknown P. Warehouse and delivery; employed by others Moody Printing Company, Main Street, Fort Worth, Texas; Ed Moody prop.; warehouse man Inventory control paper warehouse for printing company January - June, 1975; injury, then fired Unknown Q. Convenience Store Clerk: employed by others McClouds Food Stores, Fort Worth, Texas; Manager trainee Stocking, checking in convenience store August-September 1975; health problems Unknown R. Warehouse Work; employed by others Wapl es/F'latter, Inc., Fort Worth, Texas wholesale groceries; order puller Filling orders, loading trucks October - November, 1975; health Unknown 7. With respect to each job identified in response to Interrogatory No. 6, identify each on-the-job injury, medical condition or accident that you experienced, and state separately as to each: a) a description of the injury, medical condition or accident ; b) the dates of the injury, medical condition or accident ; c) the treatment received, including the treating physician's name and address and all hospital izations, operations and medication received. See answer to Interrogatory No. 4 supra. 90 7 Ill FAMILY MEDICAL HISTORY State the names and addresses of your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchildren, and with respect to each: a) if any o-f them are deceased, state his or her age at the time o-f death and the time, place and cause o-f death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attenti on. c) identify any birth or genetic defects or miscarriages which they had; and d) with respect to each relative, identify each medical practitioner and medical institution that treated them, and set forth the diagnosis. Spouse - Donna Frances Hukill Jordan 7212 Sir Gawain, Austin, Texas a. Living b. Normal childhood diseases; none other known c. Had one spontaneous abortion d. Obstetricians involved with the birth of two sons: 1. Chad - OB was Dr. Kingery, but he did not deliver. Dr. Funel1 delivered baby by Caesarean section at Mercy Hospital in Oklahoma City, Okla. 2. Michael -OB was Dr. Darwin Fielder who delivered the baby at All Saints Hospital, Ft. Worth, Texas. Son - Chad Alan Jordan 7212 Sir Gawain, Austin, Texas a. Living b. Bronchitis; Various birth defects c. Medical problems involving missing wrist bones, absence of thumb on either hand with an extra digit on the left hand. d. Scottish Rite Hospital for Children, Dr. Aston and Dr. Senevey it Ft. Worth made the following diagnosis among others: "Bilateral terminal radial hemimelia with Bilateral deupliction of index fingers and Absence of both thumbs." Son - Michael Ryan Jordan 7212 Sir Gawain, Austin, Texas a. Living b. Various birth defects c. Medical problems involving clubbed hands, thumb missing on both hands and large forearm bone missing. d. Scottish Rite Hospital for Children, Dr. Aston and Dr. Senevey in Ft. Worth made the following diagnosis among others: "Bilateral radial club hands, left hand has four digits (absence of left thumb) and short humerous and forearm." Sister - Sheryl Lynette Jordan Gonder 4009 Shawnee Trail, Lake Worth, Texas a. Living b. Unknown c. NGne d. Unknown Mother - Billie Marie Thompson Jordan Bell 4004 Bonnie Drive, Ft. Worth, Texas a. Living b. Other than birth of children and one miscarriage, had none c. Born with a weak joint (next to nail) on each thumb; She did have one miscarriage and did have one infant die a few days after birth d. Dr. Ohl in each instance treated her at the Chickasha Memorial in Chickasha, Oklahoma Father - Harold Eugene Jordan LeBleu Road, Lake Charles, a. Living b. Unknown c. No birth defects d. Unknown Lousiana Paternal Grandfather - Joseph Jordan Miami Beach, Florida a. Deceased; Age 58; 1953; Miami Beach, Florida Heart Attack b. Unknown c. No birth defects d. Unknown Paternal Grandmother - Hester Dunham Jordan Baird, Texas a. Deceased; Age >0; or thereabout; 1969; Baird, Cause of death was cancer (Type unknown) b. Unknown c. Unknown c. Unknown Texas; Maternal Grandfather - George Hancel Thompson Mangum, Oklahoma a. Deceased; Age 65; 1970; Mangum, Oklahoma; Cause o-f death were complications resulting -from a stroke b. See c. . Did have trait o-f both thumbs with -frozen joints. . Dr. Sellers, Mangum, Oklahoma aternal Grandmother - Mable Cordelia Miller Thompson Mangum, Oklahoma . Living . Good health, other -facts unknown c. Did have -four or -five miscarriages and one stillbirth Also had one child born witn frozen joint in thumb d. Unknown cr cu 3 a n IV. VETERAN'S MEDICAL HISTORY State: a ) . the date of your birth; b) the name and address of the hospital or other facility where you were born, and the name and address of each attending physician or other medical practitioner; and c) each birth defect that you had and each medical complication connected with your birth (e.g., premature birth, breech birth, jaundice, fetal alcoholism), and each medical complication or health problem that your mother had in connection with her pregnancy of your birth (e.g., toxemia, long period of labor). . f> a. February 4, 1947 b. Chickasha Memorial Hospital Chickasha, Oklahoma 10 12 Dr. Ohl Chickasha, Oklahoma c. Birth-complications -for him? None Birth complications for mother? None 10. Identify each injury, illness, disability or other physical or mental condition which you have ever had, whether temporary or permanent, and state separately as to each: a) each medical practitioner and/or medical institution seen or visited by you for the purposes of consul tation, diagnosis, prognosis, x-rays, treatment or other care, specifying the dates of all hospital izations ; Doesn't remember b) the diagnosis or prognosis made by each medical practitioner and medical institution; and Unknown c) the nature and extent of the care and treatment received in each medical institution and from each medical practitioner. Did have to wear casts and braces on legs temporarily, Gueton, Louisiana See answer to question no. 4 11. With respect to each injury, illness, disability, or other physical or mental condition identified in response to Interrogatory 10, identify each such condition that you claim or believe was caused by or arose out of exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof, and state separately as to each: a) a description of each symptom; Chloracene, fatigue, elevated red blood count, low blood pressure, rectal bleeding, spastic colon, liver disfunction, loss of sensory feelings, disrupted immune system b) whether you contend that such injury, illness '/ ;j J 11 disability or other physical or mental condi tion was caused by exposure to Agent Drange, 2,4-D, 2,4,5-T, dioxin or some combination thereo-f ; c) the date and manner in which each such symptom -first mani-fested itsel-f or was made known to you; and Rash (Tentatively diagnosed as chloracene) April, 1968; Fatigue, March 1969; Elevated Red Blood Count, March 1969; Low blood pressure, March 1969; Rectal bleeding, 1976; Spastic colon, 1979; Liver disfunction, around 197B; Loss of sensory feelings in arms beginning in 1973 and has now extended to toes and feet beginning around 1978 or 1979; disrupted immune system, March 1969. Identify each drug or medication ever used or taken by /oil, including, but not limited to, illegal, recreational and over-the-counter drugs, and for each drug or medication, set forth the following with respect to each: a) the brand name, generic name, or "street name" of the drug; b> the date of use; c) the amount used during each period of use; d) the name and address of the physician, if any, who prescribed the drug; e) a description of reasons for your use of the drug; and f) whether you have ever received any medical treatment or counseling in connection with your use of such drugs. D. Plaintiff is not aware of all drugs taken during childhood but has listed the following as those taken in his adult life: 1. (Not aware of name) b. October or November, 1967 c. Not aware of amount d. Female Major located at the Ft. Polk army hospital e. Had double pneumonia with 107degree temperature f. No 12.104 12 a n crcj -+ id a n aro Mari juana Not aware o-f dates; used approximately fifteen times in a one year period (1968) Joints (YZ) Not applicable Recreation No Dexadrene Not aware o-f dates; seldom used depending upon patrol assignment in 1968 Amount - 2 tabs per day Issued by Army Medic Drug used -for alertness on patrol no o. n tr 'j -t>id a n cr o + u a n rr u + id a n cr Dapsone Daily used 1968 1 small tablet Issued by the Army Medic This is an anti-malarial drug no (Not aware o-f name) Taken 1 time weekly 1 orange tablet Issued by the Army Medic This is an anti-malarial drug no Iodine tablets Placed in cantene each time it was filled 1 tablet Issued by Army Medic Water purification no Vali urn 4X daily 1 tablet; 5 mg. Issued by Dr. Van Zant and Dr. Bernell e. Muscle relaxant f . yes 8. Percodan b. As needed, probably took 35 tablets over a 6 or 7 month period c. 1 tablet d. Issued by Doctors' VanZant and Bernell e- This drug is a pain killer f no f o -i- -j jl n iJ *i_) an 9. Robaxson b. 4 X daily for 3 months c. 1 tablet d. Issued by Drs' VanZant and Bernell e. Muscle relaxer f . No 10. El evil b. 1 or 2 tablets daily -for 6 or 7 months see (b) Issued by Drs' VanZant and Bernell e. To aid in giving up the Valium f. No 11. Antibiotics (Erythromycin) b. 2 tablets daily -for 1 month; 250 mg. c. 1 tablet d. Issued by VA Hospital in Temple, Texas; Dr. Redman e. skin rash f. No 13. Identi-fy each skin condition that you have ever had, and with respect to each such condition: a) state the dates during which you had that condition; b) describe any diagnosis or medical treatment you received -for the condition, and state: i) the name and address o-f the person rendering the diagnosis or treatment; ii) the name and address o-f the medical institution(s) at which you were diagnosed or treated; iii) the dates o-f the diagnosis or treatment; iv) and the e-f-fect o-f the treatment. From April 1968 to present, F'lainti-f-f has had a skin condition tentatively diagnosed by Dr. Sonstein and the VA Hospital (Dr. Temple) as chloracene. Dr. Sonstein is located at 7201 Manachaca Road, Austin, Texas 78745 and the VA Hospital is located at 1902 South 1st, Temple, Texas 76501. Treatment? Di-f-f. Scrubbs; ointment 14. If you have ever smoked cigarettes or otherwise used a tobacco product: 14 a) identify each type of product (e.g., cigars, cigarettes, chewing tobacco); Cigarettes b) identify the time period during which you used that tobacco product; From the time he was seventeen years of age c) identify the amount used on a daily basis (e.g., packs of cigarettes/day); and one and a half packs a day d) state whether any physician or other healh care professional has ever advised you to stop or reduce your use of cigarettes or other tobacco products, and, if so, state the name and address of the physician or other health care professional and the date of the advi ce. Dr. Daum located in Hackensack, New Jersey, advised him in November of 1933 to quit smoking. 15. If you have ever consumed or drunk alcohol, state separately with respect to each type of alcohol (e.g., liquor, beer, wine, etc.) consumed: a) at what age consumption began; Drank for the first time when he was approximately sixteen or seventeen years old b) the amount and frequency of such consumption; Possibly once a week during high school and thereafter social 1y c) if consumption ceased at any time, the reasons for such cessation and the reasons for any resumption; and Stopped drinking in 1974 or 1975 due to the fact that he was having blackouts. Other reasons included; alcohol made him violent, he was tired of it, health problems and his father was an alcoholic. d) whether you were ever hospitalised or 12107 15 institutionalized -for alcohol use, or advised to limit or stop alcohol use, and, i-f so, state the name(s) o-f each such hospital or institution or medical practitioner who treated or advised you. No 16. I-F any insecticides (e.g., Chlordane, Lindane, DDT), rodenticides (e.g., rat poison), insect repellents (e.g., DEET) or other pest control compounds were ever used by you or others around your living or working quarters, state as to each: a) the brand nam e or Q01ieric name o-f the chemic al ; b) a descri ption o-f the chemi cal (e. g ., powder, 1iqui d , col or, smell) c) a description o-f the contai ner for the chemi cal (e. g ., shape, col or, markings) d ) the date o-f u se ; e ) the method o-f app'lie.ati on ; + > the place it was app lied; 9 ' the frequency o-f applicati on; and h) whe ther you e::per iemzed any adverse reaction to the compound and, i-f so, descri be the reacti on. To his knowledge, he was never exposed to the li sted insecticides prior to Vietnam. Since Vietnam, he has used the various -foggers (Raid, Holiday) a couple o-f times in his home. Never directly handled on the job. Knows specifically, he did not use those listed. VI. MILITARY SERVICE 17. State with respect to your military service: a) the branch o-f the armed services in which you served; Army 16 1Cn:i* b) the inclusive dates of your service; June 1967 through February 1969 c> the inclusive dates o-f service in or near Vi etnam; February 1968 through February 1969 d) the name o-f each military unit to which you were assigned while serving in or near Vietnam; and the dates during which you were assigned to each such units; Delta Company 1/5 First Air Cavalry (February 1968 through October 1968) Echo Company 1/5 First Air Calvary (October 1968 through February 1969) e) the name and location o-f each place or area at which you were physically present in or near Vietnam and the dates during which you were present at each such place or area; Quang Tri Province (February, 1968 through November 1968) and Tua Thien Province (same dates). I-Ccrps Located at the -following landing zones (LZ); Hue, Red Beach, LZ Jane, LZ STud, LZ Wharton, LZ Butcher, Khe Sahn VAlley, LZ Peanuts, LZ Barbara, Con Tien, Cua Viet, Dong Ha, A Shau Valley, Lang Vei, and An Khe base camp. These were areas they worked out o-f as base camps. This is not a conclusive list. Also, -from November 1968 through February 1969, with III Corps in Tau Ninh Province and Quan Loi Province. These included the following areas "Katum Special Forces (SF) camp, Chien Lien (SF) ; War Zone C ?< D. the Iron Triangle region, Hobo Wood and Vietnam/Cambodia border. f ) your immediate superior officer's name and rank while in or near Vietnam; and Delta Company - Sgt. E5 John Willis (Platoon Sergeant) Echo Company - Staff Sergeant Timothy Meador (Platoon Sergent) Dan had 6 or 7 different commanding officers, but is unable to remember particular names of each. g) the type of discharge you received. Honorable 17 18. With respect to each illness, injury, wound or other medical or psychological condition experienced by you during your military service in or near Vietnam, state: a) the date of your illness, injury, wound, or other medical or psychological condition; b) a description o-f the illness, injury, wound, or other medical or psychological condition, including a description o-f all symptoms; c) the cause o-f the illness, injury, wound, or other medical or psychological condicin; d) the name and rank o-f the person to whom you -first reported the illness, injury, wound, or other medical or psychological condition (i-f anyone): e) the date that you -first reported the illness, injury, wound, or other psychological or medical condition; f) the name, rank and location o-f each physician or other health care pro-fessional who treated your illness, injury, wound, or other psychological or medical condition, including the dates and places o-f treatment, and a description o-f the treatment you received; and g) the name and location o-f each hospital or other health care -facility which treated your psycholo gical or medical condition, the dates o-f treatment, and a description o-f the treatment that you received. a. 1967 b. Pneumonia c. Does not know d. Doesn't recall e. Approximately October or November, 1967 f. Fort Polk physician g. Fort Polk Army Base; Does not recall the treatment for this illness due to high temperature. He was delirious but does remember alcohol and ice dips. a. November, 1968 (Was nit pulled from field) b. Shrapnel wound to left shoulder IB 121.10  c. Enemy -fire d. Army company medic e. November, 1968 f. Army company medic treated Plaintiff, by giving him a tetanus shot, cleaning wound and using butter-fly bandages with field dressing. g. Katum Special Forces Camp a. October, 196S (Was not pulled -from -field) b. F'neumonia, -flu like illness c. Cause unknown, but whole company had it d. Army company medic e. October, 1968 f. Army company medic diagnosed, but they were never treated -for it. g. LZ Barbara with Echo Company a. July, August o-f 1968 (taken from field) b. Heat Stroke c. Weather conditions d. Army company medic e. July or August 196B f. Battalion Aid Unit doctored him; He was given a glucose and saline solution (several IV7s of each) g. LZ Jane with Delta Company a. April or May of 1968 ( Was not pulled from field) b. Dysentary c. Not known, but was located in heavily defoliated area at time. The whole company had this for approximately 2 weeks. d. Army company medic thought it was dysentary, but this was not actually diagnosed. e. April or May 1968 f. Army company medic g. Delta Company LZ Jane 19. Describe any other medication taken by you during your military service (e.g., Dapsone, Chloroquine, Primaquine, Binoctal), stating as to each: a) the brand name or generic name of the medication; b) the form of the medication (e.g., pill, capsule, injection, etc.); c) the color, shape, and sice of any pill or capsule taken; 1211 19 d) the reasons for taking the medication; e) the you f) the dates you took the medication; the and h) whe medication and, if so, describe the reaction. See Question 12 1 through 6 items for the answers to a) through g). h. The dexadrene made him nervous and edgy. He also experienced some chest pains. This drug was taken as needed for patrol duty. The iodine which they put in the water for purification purposes seemed to make everyone nauseous. He is not sure if this was due to iodine or the water. State whether you ever received any training, instructions, warnings or health and safety information concerning herbicides during your military service, and identify as to each: a) the dates you received the foregoing; b) the location where received; c) the name and rank of the person(s) from who it was received; d) the substance of any oral information received; and e) the title, date, author or source, and content of any written material received. Plaintiff never received any information concerning herbicides. They were told that the planes were spraying the foliage to hinder the enemy. 2112 20 L 21. Set -forth with respect to each time you claim to have been exposed to herbicies: a) the date o-f the alleged herbicide exposure; b) the time o-f day o-f the alleged exposure; c) the closest geographical or political reference point (e.g., hill, town, landing zone) to the place you believe you were exposed; d) a description of the terrain at the place of alleged exposure; e> a description of how the herbicide was being applied (e.g., helicopter, aircraft, hand, etc.); f) a description of your activities at the time of alleged exposure; g) the manner you believe your body was physically exposed to the herbicide (e.g., skin contact, inhalation, ingestion or swallowing), and, if you believe you were exposed by contact on your skin, identify the areas of skin that came in contact with the herbicide; h) the name and rank of other people present at the time of alleged exposure; and i) with respect to any deceased proposed repre sentative plaintiff, state how such plaintiff will demonstrate any of the information requested in subparts a) through h) of this interrogatory, identifying any persons with such information who will testify as to such plaintiff's exposure to herbicides. a. Khe Sahn Valley and A Shau Valley April, 1968 through June, 1968 b. Usually early a.m. and late afternoon, dusk c. Khe Sahn Valley, A Shau Valley, LZ Jane, LZ Barbara, LZ Stud, LZ Wharton, LZ Peanut, Dong Ha, Con Tien, Qua Viet, Lan Vei SF d. Mountainous; mostly jungle; some rice paddies .. _ ^ .. ^ e. Aircraft .1.,Cj,JLJ f. Usually eating breakfast and dinner g. Body exposed in each instance listed; Contact with skin to exposed parts of body (face, hairline, hands) 21 h. IV Delta Company I-Corps; Sergeant J. Willis i. E-5 Bob Brown; Bitch Westerland, Gene Cummings, et al. a. November, 1968 through February 1969 b. Usually early a.m. and late a-fternoon, dusk Occasionally at midday c. War Zones C S< D; Iron Triangle; Hobo Wood; Michelin Rubber Plantation; Katum SF; Chi Lien SF; Ho Chi Mien Trail d. Mostly rice paddies; terrain was flatter; Jungles were five or six canopies thick e. Aircraft f. Usually eating breakfast and dinner g. Same as above h. Sgt. Timothy Meddor, Sgt. E-5 Thomas O'Donnell; Ayres (Radio Operator); Some of the same people listed above. ONLY IF YOU CONTEND THAT ANY OF YOUR CHILDREN HAS A BIRTH DEFECT CAUSED BY YOUR EXPOSURE TO AGENT ORANGE, 2,4-D, 2,4,5-T, DIOXIN OR SOME COMBINATION THEREOF, ANSWER THE FOLLOWIn3 INTERROGATORIES. Identify the children that you have fathered, including name, date and place of birth of each'such child, and the name and address of each child's mother. a. Chad Allan Jordan born January 7, 1971 at Mercy Hospital in Oklahoma City, Oklahoma b. Michael Ryan Jordan born November 17, 1972 at All Saints Hospital in Fort Worth, Texas Mother: Donna Frances Hukill Jordan 7212 Sir Gawain, Austin, Texas Identify each of your children whom you contend has birth or genetic defects allegedly caused by your exposure to Agent Orange, 2.4-D, 2,4,5-T, dioxin or some other combination thereof, and identify: a) the birth or genetic defects which you contend were caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof, and -jo -s- f state the basis for your belief, including opi ni ons x X j:x ^ of any physicians; b) any other birth or genetic defects which the child has: c) each medical practitioner and medical institution seen or visited by the child or in which the child was con-fined -for purposes o-f consultation, diagnosis, prognosis, treatment or other care, and the dates, purposes and results o-f such consultation, diagnosis, prognosis, treatment or other care; and d) the identity o-f the mother o-f each child. Chad Allan Jordan a. Missing thumbs, missing wristbones b. None c. Dr. Senevey, Dr. Aston, Texas Scottish Rite Hospital -for Crippled Children in Ft. Worth, Texas. Diagnosis was bilateral terminal radial hemimelia with Bilateral duplication o-f index -fingers and absence o-f both thumbs. Had various surgeries on May, 1974, July 1975, and June 1976 (list may be inconclusive) d. Donna Frances Hukill Jordan Michael Ryan Jordan a. Missing thumb, club hands, missing wristbones, missing bone in -forearm b. None c. Dr. Senevey, Dr. Aston, Texas Scottish Rite Hospital -for Crippled Children in Ft. Worth, Texas. Diagnosis was Bilateral radial club hands, Le-ft hand has -four digits (absence o-f le-ft thumb) and short humerus and -forearm. Had various surgeries on February 1975, July 1975 and June 1976. Surgeries continuing. d. Donna Frances Hukill Jordan Identity each and every child o-f each mother identi-fied in response to Interrogatory 22 and state as to each: a) the child's name, address, date o-f birth and place o-f birth, including the name and address o-f the hospital or other place where delivery occurred; and b) the physician(s) who treated the mother during pregnancy and/or delivered the child. Chad Allan Jordan 7212 Sir Gawain Austin, Texas Born January 7, 1971 Mercy Hospital in Oklahoma City, Oklahoma Michael Ryan Jordan 7212 Sir Gawain Austin, Texas Born November 17, 1972 All Saints Hospital in Fort Worth, Texas b. Dr. Funel1 delivered Chad, Dr. Kingery was OB Dr. Fielder delivered Michael With respect to each mother identified in response to Interrogatory 23(d), identi-fy her brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews, and grandchi1dren, and: a) if any of them are deceased, state his or her age at the time of death and the time, place and cause of death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attenti on ; c) identify each medical practitioner and medical institution that treated them, and set forth the diagnosis of each, stating the same as to each relati ve. Mother - Vada Hukill Mangum, Oklahoma a. Living b. In good health; had chronic bronchitis between 1957 and 1961; Also had one miscarriage in 1954 c. Doctors' names unavailable, but both instances were treated at Gardenia Hospital, Gardenia, California. Father - F. Gerald Hukill Mangum, Oklahoma a. Living b. In good health; did have cyst cut from back (1956) and one cut from thigh (1957); Vitamin B deficiency noted in 1983 c. Doctors' names unavailable, but operations for cysts done ,at Gardenia Hospital, Gardenia, California. Vitamin B definciency noted by Dr. Troung Thach in Mangum, Oklahoma Brother - Jerry Hukill Still water, Okl ahoma i 1..0 24 a. Living b. Good health, no other details known c. Unknown Maternal Uncle - Chester N. Anderson Commerce City, Colorado a. Living b. Disability - has a vascular and circulatory problems in 1egs c. Unknown Maternal Grandmother - Ada Anderson Mangum, Oklahoma a. Living b. Has high blood pressure c. Dr. Thach in Mangum, Oklahoma Dr. Lenaburg in Mangum, Oklahoma Maternal Grandfather - Chester H. Anderson a. Deceased: 1958; Age 54; Heart attack b. Unknown c. Dr. White at Bethina Hospital in Wichita Falls, Texas Maternal cousins - Larry Anderson Denver, Colorado Gary Anderson Denver, Colorado Donnie Anderson (Deceased; Dallas, Texas, murdered, early 20's) Joleyn Anderson, Commerce City, TX Angel Anderson, Commerce City, TX Denise Anderson, Commerce City, TX Melody Anderson, Ft. Worth, TX Chester Anderson, Ft. Worth, TX a. Living , exception to Donnie b. Unknown c. Unknown 1977, Paternal Grandmother - Audrey Hukill Mangum, Oklahoma a. Deceased, 1970; 70; Cerebral hemmorage b. High blood pressure, ulcers, intestinal blockage c. Dr. Laniberg, Mangum, Oklahoma Paternal Grandfather - Francis Letcher Hukill Mangum, Oklahoma a. Deceased, 1983; Age 87; Pneumonia b. Unknown c. Mangum City Hospital Paternal Uncle -Dr. Viron Hukel 1 Conway, Arkansas a. Living i.2 1 i n c ra in o n tr n c cl n t r Wounded severly in World War II; No other details known Unknown ernal Cousin - Cynthia Hukel1 Kansas City, Missouri Li vi ng Unknown Unknown ith respect to each preganancy, -for each mother dentified in response to Interrogatory 23(d), state: ) whether the mother was exposed to or contracted any viral or bacterial infection or disease during or shortly before the pregnancy (e.g., German measles, flu, etc.) and if so, identify the infection or illness, the period during which it occurred, and any medication or treatment given therefor; ) whether the mother incurred any injury during pregnancy, and, if so, describe the injury, the treatment received, any examining or treating physicians, and any institutions at which treat ment occurred; ) whether the mother or father ever had any venerai disease, and, if so, describe the disease, the treatment received, any examining or treating physicians, and any institutions at which treatment occurred; ) whether diagnostic procedures, including, but not limited to, abdominal x-rays or pelvimetry, amniocentesis, and/or ultrasound were used, and, if so, set forth the date of the procedure, describe the procedure, the examining or treating physician and any institutions at which the procedure occurred; and ) whether any medical problems or complications arose during pregnancy (e.g., toxemia), and, if so, describe the problems or complications and the treatment received. Contracted Belles Palsy (a neuroligical disorder) but other than this did not contract virus and exposed to any. . None . No. . Did receive x-rays in the ninth month of both 12118 26 cl n cr ai io pregnancies. Dr. Kingery ordered the >:-ray -for Chad and Dr. Fielder for Michael, e. No 27. Answer Interrogatories 6, 7, 12, 14, 15, and 16 with respect to each mother identified in response to Interrogatory 23(d). IO 'J o-- . See attached handwritten sheet . No on the job injuries . a. Birthcontrol (does not remember name) b. October 1967 through 196? c. 1 pill one time daily d. Dr. Kingery, Mangum, Oklahoma e. Birth contral reasons f. No a. Medication given during Bell's Falsy b. January 1971 through March 1971 c. Once daily, she did not take due to pregnancy d. Dr. Thomas Parker, Oklahoma City, Oklahoma e. Helped condition f. No a. Librium b. June, 1972 c. Once daily, she only took 2 or 3 d. Dr.: Fielder in Fort Worth, Texas e. Nervous condition f. No n_1*L13 14 a. cigarettes b. Eighteen years of age to present, none during pregnancy c. 1 pack daily d. No 15. a. Eighteen years b. Infrequently - once a month c. NA d. NO 16. She used various -foggers (Raid, Holiday) in the house appro:: imatel y 2 or 3 times a year. Never exposed due to the -fact that they totally clear the house of fumes before entering. For each mother identified in response to Interrogatory 22 identify each and every pregnancy not resulting in a live birth, and state with respect to each: a) whether there was a miscarriage and/or spontaneous abortion, and, if so, state the date and describe the reason for the miscarriage and/or spontaneous abortion and identify any examining or treating physicians, and any institutions at which it occurred; b) if the response to a) above is affirmative, state whether you contend that such miscarriage and spontaneous abortion was caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof; c) whether there was a voluntary or therapeutic abortion, and, if so, state the date and describe the reason for the voluntary or therapeutic abortion, and identify any examining or treating physicians, and any institutions at which the abortion occurred; and d> if the response to c) above is affirmative, state I 01 whether you contend that such voluntary or therapeutic abortion was caused or necessitated by U TJ your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof. a. Spontaneous abortion Occurred around January 1972 Dr. Rhodes treated at White Settlement Austiopathic Hospital, White Settlement, Texas b. Yes, due to toxins No NA Dated: Carle Place, New York January 14, 1984 PLAINTIFFS' MANAGEMENT COMMITTEE Bf:; DAVID J. DEAN, ESQ. DEAN, FALANGA & ROSE, E One Old Country Road Carle Place, New York 11 (516) 248-9888 1 2 " A2t/. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK __________________________________x In re "AGENT ORANGE" Product Liability Litigation : MDL No. 381 ANSWERS OF MICHAEL FRANCIS RYAN TO DEFENDANT'S INTERROGATORIES TO PROPOSED REPRESENTATIVE PLAINTIFFS PLAINTIFF'S MANAGEMENT COMMITTEE: Phillip E. Brown, Esq. Hoberg, Finger, Brown, Cox S< Mol 1igan 703 Market Street (18th Floor) San Francisco, California 94103 Stanley M. Chesley, Esq. Waite, Schneider, Bayless and Chesley Co. L.P.A. 1513 Central Trust Tower Fourth and Vine Streets Cincinnati, Ohio 45202 David J. Dean, Esq. Dean, Falanga & Rose One Old Country Road Carle Place, New York 11514 Newton B. Schwartz, Esq. Houston Bar Center Building 723 Main (Suite 325) Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin S< Sears Frick Building (10th FI.) Pittsburgh, PA. 15219 Benton Mussel white, Esq. & John 0. 0'Quinn, Esq. 609 Fannin (Suite 517) Houston, Texas 77002 Stephen J. Schlegel, Esq. Schlegel & Tra-felet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Gene Locks, Esq. Neil Peterson Esq. Greitzer S< Locks, Esqs. 1500 Walnut Street Philadelphia, PA 19102 1 2 1poJL hst K0 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In Re "Agent Orange" . Product Liability Litigation MDL NO. 281 I. GENERAL State your name, social security number, military service number, and each address at which you have ever lived (excluding time during active military service), starting with your current address, and give the dates you lived at each address. Michael Francis Ryan 133-34-2420 US 51579873 73 University Heights Drive Stony Brook, New York 1971 - Present 41 Juniper Road Kings Park, New York 1970 - 1971 5805 Avenue "0" Brooklyn, New York 1967 - 1970 U.S. Army 1965 - 1967 3320 Avenue "L" Brooklyn, New York Identi-fy each educational institution you attended, the dates o-f your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination. a) the date o-f the examination; b> the hospital or institution where such examination was given; and c > the name and address o-f the person conducting the examination. Our Lady Help o-f Christians 1951-1959 Brooklyn, New York 12123 Brooklyn Preparatory 1959 - 1961 Midwood High School 1961 - 1964 St. John's University Brooklyn, New York 1964 - 1965 Service 1965-1967 Suffolk Community College Suffolk County 1972 or 1973 Doesn't recall any examinations If you have ever applied for life, health or accident insurance, state with respect to each such application: a) the date of the application; b) the kind of insurance applied for; c) the name and address of the insurance company to which the application was made; d) whether such application was accepted and if not, why not; and e) whether a medical examination was given in connection with the application, and, if so, identify the person conducting the examination and the medical institution where the examination was given. INTERROGATORY DELETED If you have ever made a claim for benefits for any medical condition (including worker's compensation, veteran's benefits, state or federal disability or insurance or union or third party medical plans) state with respect to each such cla^m: a) the type of claim (worker's compensation, veteran's benefits, etc.); b) the date of the claim; 12124 c) the claim number of other identification of the claim d) the entity to whom the claim was made, including the name and address; e) the medical condition for which the claim was made; and f) the disposition of claim. 2/13/72 Suffolk County Police Department Sprained Thumb Insurance: Royal Globe 3/10/73 Concussi on Insurance: Royal Globe 4/12/73 Punture Wound Right Wrist Contusion to rib cage Insurance: Royal Glote 5/19/73 Sprained ring finger Insurance: Royal Globe 12/19/73 Two chipped teeth, all teeth loosened swollen jaw Insurance: Royal Globe 1/17/77 Neck Sprain Insurance: Suffolk County 6/12/77 Abrasions on hand, arms and smoke inhalation Insurance: Suffolk County 9/22/78 Sprained left elbow, wrist and knee Insurance: Suffolk County 11/26/81 Hematoma right wrist and elbow Insurance: Suffolk County If you have ever filed or otherwise commenced a legal action in connection with any medical condition (other than this action) state as to each such action: a) the date that action was filed or otherwise commenced, the court or administrative body, the full title of the action, the index or other identifying number, and the identity of all parties to the action; b) a description of the medical condition in connection with which the action was filed, and how you believe that medical condition occurred; c) a description of the outcome of the action, or of its present status if it is still pending; and d) the dates and amounts of any payments, either as a result of a judgment or settlement, which you have received or which you are scheduled to receive. NONE II. EMPLOYMENT HISTORY Identify and describe each job you have held, whether employed by others or self-employed, and state as to each: a) the name and address of your employer, the address of your workplace, the nature of the.business and your job title; b ) your duties and responsibilities; c) the date the job began and ended and the reasons for termination of the job; and d) the date and place of each physical and mental examination that you underwent in connection with such job, identifying the name and address of each medical practitioner conducting the examination and the name and address of any medical institution at which such examinations was conducted. 10/70 to present Suffolk County Police Department Physical examintion prior to hiring 10/70 - 2/70 New York City Police Physician examination prior to hiring 2/70 - 8/67 IBM Physical examination prior to hiring 8/67 - 10/65 U.S. Army f r-" A 10/65 - 6/65 Service Bureau Corp. IBM Subsidiary With respect to each job identified in response to Interrogatory No. 6, identify each on-the-job injury, medical condition or accident that you experienced, and state separately as to each: a) a description of the injury, medical condition or accident; b) the dates o-f the injury, medical condition or accident; c) the treatment received, including the treating physician's name and acdress and all hospital isations, operations and medication received. See Answer to Interrogator/ #5 supra. III. FAMILY MEDICAL HISTORY State the names and addresses o-f your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchi1dren, and with respect to each: a) i-f any of them are deceased, state his or her age at the time of death and the time, place and cause of death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attention. c) identify any birth or genetic defects or miscarriages which they had; and d) with respect to each relative, identify each medical practitioner and medical institution that treated them, and set forth the diagnosis. SPOUSE: ..Maureen Ann, 73 University Heights Dr., Stony Brook, NY ' .f'1ei-vv.<i<co-e-..-6b/a6r5e au C-v M -'"i : T .p i - V With respect tc each job* identified in response to Interrogator y No. 6, identify each on-the-job injury, medical condition or accident that you experienced, and state separately as to each; a) a description o-f the injury, medical condition or ac c:ident : b) the dates o-f the injury, medical condition or accident; c> the treatment received, including the treating physician's name and acdress and all hospital isations, D|.'6rLi ons and medication received. nee iti*s*t~-< >.ij >nverr *^Qatory $5 supra. IIK f-AMILY MEDICAL HISTORY State the names and addresses o-f your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nie.es, nei:news and grandchi 1dren, and with respect to each-. a) i? of them are deceased, state his or her age at the time -vf dnath and the time, place and cause of death; b> identify -each illness, disease, disability, or medical condition ever had by each during his or ,.'.h-':er'v-..lifr-'iv.r K-ich required professional medical at tent ior,, i'ie;>tify -,,y birth or genetic defects or .'fl.-scarriaqoi- which they had; and ";eH with respect to each relative, identify each medical pract it.ioner ar-'i medical institution that treated thorn , and set '< `th the diagnosis. SPOUSE; Maureen Ann, 73 University Heights Dr., Stony Brook. NY , One miscarriage before birth of first child (Kerry), two children born with birth defects, Dr. Wilton Frits, Brooklyn NV; Dr. Baker, Stony Brook, NY; Women's Hospital, Manhattan. CHILDREN: Kerry Ann Ryan, 73 University Heights Dr., Stony Brook, NY Born with approximately 22 birth defects; Dr. Bertrand Schwarts, Brooklyn, NY; Dr. Oscar Schwarts; Dr. Benjamin, Maimonides Hospital, NY; Community Hospital, Brooklyn, NY Michael Francis Ryan (son), 73 University Heights Drive, Stony Brook, NY Born with diffuse brain atrophy, University Hospital, Stony Brook, NY PLAINTIFF'S SISTERS: Patricia Ann Stransky, South Mallard, NY One child, no complications, she is currently pregnant Deidre Stransky, Seldon, NY No children PLAINTIFF'S PARENTS: Michael Francis Ryan, Kings Park, NY; Healthy Victoria Ryan, Kings Park, NY; Hip replacement, osteoporosis, Roger Dee, M.D., Stony Brook, NY Sox miscarriages, each in the sixth month of preganancy, RH factor, Dr. Joseph E. Hall, Brooklyn, NY PATERNAL GRANDPARENTS: Michael Francis Ryan, Died 1929, stroke, Ireland. Mary Ellen Ryan, Died 1940, stroke, Ireland. Plaintiff does not recal1 doctors or the respective dates of death. MATERNAL GRANDPARENTS: William Molloy, Died Approx. 19401941, lung cancer, Brooklyn, NY Isabelle Molloy, Died approx. 1977-1976, natural causes, Brook lyn, NY 99 6 IV. VETERAN'S MEDICAL HISTORY State: a) the date o-f your birth; b) the name and address o-f the hospital or other facility where you were born, and the name and address o-f each attending physician or other medical practitioner; and c) each birth de-fect that you had and each medical complication connected with your birth (e.g., premature birth, breech birth, jaundice, -fetal alcoholism), and each.medical complication or health problem that you mother had in connection with her pregnancy o-f your birth (e.g., toxemia, long period o-f labor). a) 7/25/45 b) Brooklyn Hospital, Brooklyn, NY Dr. Joseph E. Hall, Dr. Thomas Lamb (believed to be deceased) c) None Identi-fy each injury, illness, disability or other physical or mental condition which you have ever had, whether temporary or permanent, and state separately as to each: a) each medical practitioner and/or medical institution seen or visited by you -for the purposes o-f consul tation, diagnosis, prognosis, x--rays, treatment or other care, speci-fying the dates o-f all hospital isations; b) the diagnosis or prognosis made by each medical practitioner and medical institution; and c) the nature and extent o-f the care and treatment received in each medical institution and -from each medical practitioner. Be-fore 1966: Tonsils removed, broken nose, 1966-67: plaintiff was admitted to the 91st EVAC Hospital at Long Binh. for upper respiratory distress (difficulty breathing); fatigue, severe weight loss, migraine headaches, skin rash in groin, neck and facial areas. Plaintiff was hospitalised 10 days -for the above-listed symptoms in the 91st EVAC hospital in Long Binh and given penicillin and bedrest. From approx. 1966 to 1971, with periods o-f exacerbation remission, plaintiff suffered from a severe skin rash which left large scars, later diagnosed as chloracne, Dr. Susan Baum, N.J. and 1967 - Mirgraine headaches, hearing loss and nervous condition. VA Offices, Seventh Ave., NY. Awarded 10% disability for nervous condition, 10% disability for hearing loss. Migraine headaches - seeing Dr. Robert Dinapoli since Approximately 19B3. Prescribed periactin and recently prescribed Tylenol with codeine. 11. With respect to each injury, illness, disability, or other physical or mental condition identified in response to Interrogatory 10, identify each such condition that you claim or believe was caused by or arose out of exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combi nation thereof, and state separately as to each: a) a description of each symptom; c) the date and manner in which each such symptom first manifested itself or was made known to you; and 11a) Rapid weight loss Migrain headaches Inability to breathe - upper respiratory difficulties Chioracne Nervous condition 1966 12. Identify each drug or medication ever used or taken by you, including, but not limited to, illegal, recreational and over-- the-counter drugs, and for each drug or medication, set forth the following with respect to each: a) the brand name, generic name, or "street name" of the drug; b) the date of use; 12131 8 c) the amount used during each period of use; d) the name and address o-f the physician, if any, who prescribed the drug; e) a description of reasons for your use of the drug; and f) whether you have ever received any medical treatment or counseling in connection with your use of such drugs. Plaintiff was prescribed antibiotics for removal of his tonsils. He cannot recall the exact antibiotics or doctors. Plaintiff was prescribed percodan for a root canal; he does not recall the doctor. "Catodot" - Plaintiff does not recall prescribing doctor "Periactin" - Dr. Robert Dinapoli, Port Jeferson Station, NY in about 19S3 for plaintiffs migraine headaches Tylenol codeine - Dr. Robert Dinapoli prescribed tylenol codeine within the past few weeks to be taken as well as the periactin for the plaintiff's migraine headaches. f `None Identify each skin condition that you have ever had, and with respect to each such condition: a) state the dates during which you had that condtion; b) describe any diagnosis or medical treatment you received for the condition,and state: i) the name and address of the person rendering the diagnosis or treatment; ii) the name and address of the medical institution(s) at which you were diagnosed or treated; iii) the dates of the diagnosis or treatment; iv) and the effect of the treatment. Plaintiff first suffered from a severe rash in the groin, neck and -facial area in 1966. this same skin rash persisted until at least 1971, leaving very large, deep scars. Plaintiff's skin condition was believed to be jungle rot in 1966-1967. This condition was later diagnosed in 1983 as chi oracne by Dr. Susan Baum, NJ. Plaintiff was not treated by a physician for this skin condition. If you have ever smoked cigarettes or otherwise used a tobacco product: a) identify each type of product (e.g., cigars, cigarettes, chewing tobacco); b) identify the time period during which you used that tobacco product; c) identify the amount used on a daily basis (e.g., packs of cigarettes/day); and d) state whether any physician or other healh care professional has ever advised you to stop or reduce your use of cigarettes or other tobacco products, and, if so, state the name and address of the physician or other health care professional and the date of the advi ce. Cigarettes - 1-1/2 pack/day since 1965, with the exception of approximately 5 years during which plaintiff quit on his own accord. Plaintiff was never advised to quit. If you have ever consumed or drunk alcohol, state separately with respect to each type of alcohol (e.g., liquor, beer, wine, etc.) consumed: a) at what age consumption began; b) the amount and frequency of such consumption; c ) if consumption ceased at any time, the reasons for such cessation and the reasons for any resumption; and 1 d) whether you were ever hospitalized or institutionalized for alcohol use, or advised to limit or stop alcohol use, and, if so, state the name(s) of each such hospital or institution or medical practitioner who treated or advised you. a) Approximately age IS. b) Plaintiff drank for approximately two years and consumed during this period one to two six-packs of beer per week. c) Plaintiff quit drinking in 1966. Plaintiff cannot drink now. d) No 16. If any insecticides (e.g., Chlordane, Lindane, DDT), rodenticides (e.g., rat poison), insect repellents (e.g., DEET) or other pest control compounds were ever used by you or others around your living or working quarters, state as to each: a) the brand name or generic name of the chemical; b) a description of the chemical (e.g., powder, liquid, color, smell); c) a description of the container for the chemical (e.g., shape, color, markings) d) the date of use; e) the method of application; f) the place it was applied; g) the frequency of application; and h) whether you experienced any adverse reaction to the compound and, if so, describe the reaction. Plaintiff never used any insecticides.VI. VI. MILITARY SERVICE 17. State with respect to your military service: X1 C9 *om a) the branch of the armed services in .which you served; b) the inclusive dates o-f your service; c) the inclusive dates o-f service in or near Vi etnam; d) the name o-f each military unit to which you were assigned while serving in or near Vietnam; and the dates during which you were assigned to each such units; e) the name and location o-f each place or area at which you were physically present in or near Vietnam and the dates during which you were present at each such place or area; f) your immediate superior officers name and rank while in or near Vietnam; and g) the type of discharge you received. a) U.S. Army b) 11/65 - 8/67 c) Vietnam - 0/66 -8/67 d) 11th Armored Calvary Regiment 3rd Squadron, Headquarters Co. Long Binh, Xuan Loc 1st Sergeant Snipes Honorable Discharge (good conduct medal) e) Long Binh, Xuan Loc f) Plaintiff canonly recall first Sergeant Stripes g) Honorable IS. With respect to each illness, injury, wound or other medical or psychological condition experienced by you during your military service in or near Vietnam, state: a) the date of your illness, injury, wound, or other medical or psychological condition; b) a description of the illness, injury., wound, or other medical or psychological condition, including a description of all symptoms; c) the cause of the illness, injury, wound, or other medical or psychological condition; d) the name and rank of the person to whom you first 12 reported the illness, injury, wound, or other medical or psychological condition (if anyone): e) the date that you -first reported the illness, injury, wound, or other psychological or medical condition; f) the name, rank and location o-f each physician or other health care professional who treated your illness, injury, wound, or other psychological or medical condition, including the dates and places of treatment, and a description of the treatment you received; and g) the name and location of each hospital or other health care facility which treated your psycholo gical or medical condition, the dates of treatment, and a description of the treatment that you received. In 1966 Plaintiff was hopitalized in the 91st EVAC hospital in Long Binh for 10 days for upper respiratory distress, severe weight loss, fatigue, migraine headaches and a skin rash. Plaintiff does not recall the name of the person he first reported his medical conditions to. Plaintiff reported the above-listed problems in 1966. Plaintiff has been treated for migraine headaches by Dr. Robert Dinapoli, Port Jefferson Station, NY. 19. Describe any other medication taken by you during your military service (e.g., Dapsone, Chloroquine, Primaquine, Binoctal), stating as to each: a) the brand name or generic name of the medication; b) the form of the medication (e.g., pill, capsule, injecti on, etc.); c) the color, shape, and size of any pill or capsule taken; d) the reasons for taking the medication; e) the name and rank of the person(s) who gave you the medication; f ) the dates you took the medication; 9> the amount of the medication taken (e.g., pills/day); and J... iv. 13 h) whether you experienced any adverse reaction to the medication and, if so, describe the reaction. Plaintiff did not take any drugs while in Vietnam, including malaria pills. State whether you ever received any training, instructions, warnings or health and safety information concerning herbicides during your military service, and identify as to each: a) the dates you received the foregoing; b) the location where received; c) the name and rank of the person(s) from who it was received; d) the substance of any oral information received; and e) the title, date, author or source, and content of any written material received. None. Set forth with respect to each time you claim to have been exposed to herbicies: a) the date of the alleged herbicide exposure; b) the time of day of the alleged exposure;- c) the closest geographical or political reference point (e.g., hill, town, landing zone) to the place you believe you were exposed; d) a description of the terrain at the place of alleged exposure; e) a description of how the herbicide was being applied (e.g., helicopter, aircraft, hand, etc.); f) a description of your activities at the time of alleged exposure; g) the manner you believe your body was physically exposed to the herbicide (e.g., skin contact, inhalation, ingestion or swallowing), and, if you believe you were exposed by contact on your skin, identify the areas of skin that came in contact with the herbicide; h) the name and rank of other people present at the time of alleged exposure; and i) with respect to any deceased proposed repre sentative plaintiff, state how such plaintiff will demonstrate any of the information requested in subparts a) through h) of this interrogatory, identifying any persons with such information who will testify as to such plaintiff's exposure to herbicides. To the best of plaintiff's recollection he believes that he was physically exposed to herbicides through skin contact, inhalation, ingestion and swallowing. Plaintiff believes he was exposed to herbicides in Long Binh and additional areas which he cannot recall at this time. ONLY IF YOU CONTEND THAT ANY OF YOUR CHILDREN HAS A BIRTH DEFECT CAUSED BY YOUR EXPOSURE TO AGENT ORANGE, 2,4-D, 2,4,5-T, DIOXIN OR SOME COMBINATION THEREOF, ANSWER THE FOLLOWING INTERROGATORIES. Identify the children that you have fathered, including name, date and place of birth of each such child, and the name and address of each child's mother. Kerry Ann Ryan 1/24/71 Community Hospital Brooklyn, New York Michael Francis Ryan 6/26/BZ University Hospital Stony Brook, NY Mother - Maureen Ryan 73 University Heights Drive Stony Brook, New York 12138 Identify each of your children whom you contend has birth or genetic defects allegedly caused by your exposure to Agent Orange, 2.4-D, 2,4,5-T, dioxin or some other combination thereof, and identify: a) the birth or genetic defects which you contend were caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof, and state the basis for your belief, including opinions of any physicians; b) any other birth or genetic defects which the child has; c) each medical practitioner and medical institution seen or visited by the child or in which the child was confined for purposes of consultation, diagnosis, prognosis, treatment or other care, and the dates, purposes and results of such consultation, diagnosis, prognosis, treatment or other care; and d) the identity of the mother of each child. a) Kerry was born with approximately 22 birth defects. These include: -4 deformed fingers on her right hand -missing thumb on right hand -2/3 of ulna bone missing -left hand is missing muscles and nerves -hyperplasia of sacrum -neurogenic bladder -duodinal atresia -hole in heart -occult spinobifida -double reproductive organs (i.e. 2 uterus', 2 cervixes, 2 vaginas, undetermined amount of ovaries) -missing anus -pyloric stenosis b) due to her operations, Kerry suffered brain damage, blindness, scoliosis, "hyphosis", speech, hearing and intellecutal impediments. She is also permanently confined to a wheelchair. c) Maureen Ann Ryan Identify each and every child of each mother identified in response to Interrogatory 22 and state as to each: a) the child's name, address, date of birth and place of birth, including the name and address of the hospital or other place where delivery occurred; and ........ 3 . b> the physician(s> who treated the mother during pregnancy and/or delivered the child. Kerry Ann Ryan, 73 University Heights Drive, Stony Brook, NY, 1/24/71. Community Hospital, Brooklyn, NY. Dr. Wilton Fritr, Brooklyn NY. Michael Francis Ryan, 73 University Heights Drive, Stony Brook, NY. University Hospital, Stony Brook, NY. Dr. Baker 25. With respect to each mother identi-fied in response to Interrogatory 23(d), identi-fy her brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews, and grandchi1dren, and: a) i-f any o-f them are deceased, state his or her age at the time o-f death and the time, place and cause o-f death; b) identi-fy each illness, disease, disability, or medical condition ever had by each during his or her li-fetime which required pro-fessional medical attention; c) identi-fy each medical practitioner and medical institution that treated them, and set -forth the diagnosis of each, stating the same as to each relati ve. Maureen Ann Ryan PARENTS: Daniel O'Connor, Died 1961, Pancreatic cancer, Ireland and New York. Helen O'Connor, Still living, Bronx NY. PATERNAL GRANDPARENTS: John O'Connor, Died in 1970's, natural causes. Josephine O'Connor, Died in 1970's, natural causes. BROTHERS AND SISTERS: Helen Calahan, still living, healthy to the best o-f p i ai nti if ' s knowledge. 3 children, no m i s c a r r i ages, . Howell NJ. Carol Gallagher, still : living, 4 children, no ^^ 17 miscarriages, Lakewood, NJ . Lorraine Reilly, born with a turned -foot (NY Orthopedic Hospital), 3 children, one miscarriage. New Rochelle, NY. Bernadette Miesner, Bardonia, NY. 2 children, no miscarriages, Gayle Stapleton, 2 children, currently pregnant, no miscarriages, Bardonia, NY. Daniel O'Connor, no children, lives in Virginia. John O'Connor, unmarried, no children, Bronx, NY. Brian O'Connor, unmarried, no children, Bronx, NY. With respect to each preganancy, -for each mother identified in response to Interrogatory 23(d), state: a) whether the mother was exposed to or contracted any viral or bacterial infection or disease during or shortly before the pregnancy (e.g., German measles, flu, etc.) and if so, identify the infection or illness, the period during which it occurred, and any medication or treatment given therefor; b) whether the mother incurred any injury during pregnancy, and, if so, describe the injury, the treatment received, any examining or treating physicians, and any institutions at which treat ment occurred; c) whether the mother or father ever had any venerai disease, and, if so, describe the disease, the treatment received, any examining or treating physicians, and any institutions at which treatment occurred; d) whether diagnostic procedures, including, but not limited to, abdominal x-rays or pelvimetry, amniocentesis, and/or ultrasound were used, and, if so, set forth the date of the procedure, describe the procedure, the examining or treating physician and any institutions at which the procedure occurred; and e) whether any medical problems or complications arose during pregnancy (e.g., toxemia), and, if so, describe the problems or complications and the treatment received. 12141 1o PIaintiff's wife Maureen had a normal pregnancy while carrying Kerry. Neither Flaintiff or Plaintiff's wife complications ever had venereal disease. with no 27. Answer Interrogatories 6, 7, 12, 14, 15, and 16 with respect to each mother identified in response to Interrogatory 23(d). v Maureen worked for the following: A P Food Store, 1962-1964, New Rochelle Service Bureau Corp., 1965-1971/72, NY NY Kings Park Hospital, Kings Park, NY In 19B2 Maureen Ryan suffered a severe asthmatic attack. She has been hospitalized seven or eight times at University Hospital, Stony Brook, NY for her respiratory condition. She is now on disability for a severe asthmatic condition diagnosed by Dr. Michael Sampson, University Hospital, Stony Brook. To the best of Plaintiff's knowledge, Maureen Ryan has taken the following medications: Allupent - 2 sprays, 4 times a day Theodur - 2000 mg/day Steroi ds Bennet positive pressure breathing machine 4 times a day. Her treating physician is Michael Sampson, University Hospital, Stony Brook, NY Maureen Ryan does not smoke and has drunk approxmately five drinks in her lifetime. Plaintiff's wife has been exposed to insecticides beginning approximately in 1979 or 1980 at the Kings Park Hospital. The insecticide was used by the hospital. She does not know the brand name but recalls it being used approximately once a month in the hospital. 28. For each mother identified in response to Interrogatory 22 identify each and every pregnancy not resulting in a 12142live birth, and state with respect to each: 19 a) whether there was a miscarriage and/or spontaneous abortion, and, if so, state the date and describe the reason for the miscarriage and/or spontaneous abortion and identify any examining or treating physicians, and any institutions at which it occurred; b) if the response to a) above is affirmative, state whether you contend that such miscarriage and spontaneous abortion was caused by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof; c) whether there was a voluntary or therapeutic abortion, and, if so, state the date and describe the reason for the voluntary or therapeutic abortion, and identify any examining or treating physicians, and any institutions at which the abortion occurred; and d) if the response to c) above is affirmative, state whether you contend that such voluntary or therapeutic abortion was caused or necessitated by your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof. a) Plaintiff had one miscarriage before the birth of Kerry in 1971. Dated: Carle Place, New York January 14, 1984 PLAINTIFFS' MANAGEMENT COMMITTEE DAVID J. DEAN, ESQ. DEAN, FALANGA & ROSE, ESQ One Old Country Road Carle Place, New York 115 (516) 248-9888 20 12143 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ____________________________________ x In re "AGENT ORANGE" : Product Liability Litigation : MDL No.3B1 ANSWERS OF DANNY LEE FORD TO DEFENDANT'S INTERROGATORIES TO PROPOSED REPRESENTATIVE PLAINTIFFS PLAINTIFF'S MANAGEMENT COMMITTEE Phillip E. Brown, Esq. Hoberg, Finger, Brown, Cox S< Molligan 703 Market Street <18th Floor) San Francisco, California 94103 Stanley M. Chesley, Esq. Waite, Schneider, Bayless and Chesley Co. L.P.A, 1513 Central Trust Tower Fourth and Vine Streets Cincinnati, Ohio 45202 David J. Dean, Esq. Dean, Falanga & Rose One Old Country Road Carle Place, New York 11514 Newton B. Schwartz, Esq. Houston Bar Center Building 723 Main (Suite 325) Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin & Sears Frick Building (10th FI.) Pittsburgh, F'A. 15219 Benton Musselwhite, Esq. John 0. 0 'Quinn, Esq. 609 Fannin (Suite 517) Houston, Texas 77002 Stephen J. Schlegel, Esq. Schlegel & Tra-felet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Gene Locks, Esq. Neil Peterson Esq. Greitzer & Locks, Esqs. 1500 Walnut Street Philadelphia, PA 19102 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re "AGENT ORANGE" Product Liability Litigation. X X MDL No. 381 I. GENERAL 1. State your name, social security number, military service number, and each address at which you have ever lived (excluding time during active military service), starting with your current address, and give the dates you lived at each address. Danny Lee Ford 365-52-1794 US 54976275 3507 St. Anthony Rd. Temperance, MI. 48412 1974-Present; 6507 Secor Rd. Toledo, OH. 43613 1973-1974; 13478 South County Line Hwy. Ottawa Lake, MI 49267 1953-73; 5024 Trellis Way, Sylvania, OH 1948-1953 2. Identify each educational institution you attended, the dates of your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination. a) the date of the examination; b) the hospital or institution where such examination was given; and c> the name and address of the person conducting the examination. Whiteford Agricultural High School, a. b. c.i none 3. Interrogatory deleted. 4. If you have ever made a claim for benefits for any medical condition (including worker's compensation#; veteran's benefits, state or federal disability aor 1 insurance or union or third party medical plans) state with respect to each such claim: a) the type of claim (worker's compensation, veteran's benefits, etc. ); b) the date o-f the claim; c> the claim number o-f other identi-fication o-f the claim d) the entity to whom the claim was made, including the name and address; e) the medical condition -for which the claim was made; and f> the disposition o-f claim. Veterans Bene-f its - malaria - 10% disability. State o-f Ohio Bureau o-f Workmans Compensation Back injury - Feb. 1973, claim allowed Carbon monoxide poisoning, approx, 1975 - claim allowed Semi-truck accident - November 5, 1979 - laceration le-ft knee, abdominal contusions - claim allowed. May 1983 - resection o-f small bowel - claim allowed - AMC Jeep Corporation insurance carrier Aetna 1974 - removal o-f plate and screws right leg 1976 - Flower Hospital crushed big toe 1980 -Toledo Hospital biopsy and surgery 1980 - chemotherapy, radiation therapy 19B1 - Toledo Hospital stress -fracture April, 1981 - biopsy right leg January, 1982 - bone graft right leg May, 1983 - surgery right leg. Flower Hospital 2 12146 accident; b> the dates of the injury, medical condition or accident; c) the treatment received, including the treating physician's name and address and all hospital izations, operations and medication received. See answer to question #4. Dr. Robert Cooke Hollsnd- Sylvania Rd. Sylvania, OH 43560 Farafon -forte Dr. Randall Finken, Sun-forest Court, Toledo, Ohio 43612 St. Joseph's Hospital, Chatham, Ontario, Canada Dr. Ernst Stern-feld, Secor Rd., Toledo, Ohio 43613 Dr. Ernst Stern-feld Flower Hospital Harroun Rd. Syslania, OH 43560 III. FAMILY MEDICAL HISTORY State the names and addresses o-f your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchi1dren, and with respect to each: a) i-f any o-f them are deceased, state his or her age at the time o-f death and the time, place and cause o-f death; b) identify each illness, disease, disability, or medical condition ever had by each during his or her lifetime which required professional medical attention. c) identify any birth or genetic defects or miscarriages which they had; and d) with respect to each relative, identify each medical practitioner and medical institution that treated them, and set forth the diagnosis. W i f e Christina Margaret Crawfis Ford 3507 St. Anthony Rd. pregnancies. Dr. Kingery ordered the >:-ray -for Chad and Dr. Fielder for Michael, e. No 27. Answer Interrogatories 6, 7, 12, 14, 15, and 16 with respect to each mother identified in response to Interrogatory 23(d). t-J v l O'- . See attached handwritten sheet . No on the job injuries . a. Birthcontrol (does not remember name) b. October 1967 through 1969 c. 1 pill one time daily d. Dr. Kingery, Mangum, Oklahoma e. Birth contral reasons f No a. Medication given during Bell's Palsy b. January 1971 through March 1971 c. Once daily, she did not take due to pregnancy d. Dr. Thomas Parker, Oklahoma City, Oklahoma e. Helped condition f. No a. Librium b. June, 1972 c. Once daily, she only took 2 or 3 d. Dr.~ Fielder in Fort Worth, Texas e. Nervous condition f. No 12148 14 a. cigarettes b. Eighteen years o-f age to present, none during pregnancy c. 1 pack daily d . No 15. a. Eighteen years b. In-frequent 1y - once a month c. NA d. NO 16. She used various -foggers (Raid, Holiday) in the house approximately 2 or 3 times a year. Never exposed due to the -fact that they totally clear the house o-f -fumes be-fore entering. 8. For each mother identified in response to Interrogatory 22 identify each and every pregnancy not resulting in a live birth, and state with respect to each: a) whether there was a miscarriage and/or spontaneous abortion, and, if so, state the date and describe the reason for the miscarriage and/or spontaneous abortion and identify any examining or treating physicians, and any institutions at which it occurred; b) if the response to a) above is affirmative, state whether you contend that such miscarriage and spontaneous abortion was caused by your exposure to Agent Grange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof; c) whether there was a voluntary or therapeutic abortion, and, if so, state the date and describe the reason for the voluntary or therapeutic abortion, and identify any examining or treating physicians, and any institutions at which the abortion occurred; and 12149 d) if the response to c) above is affirmative, state whether you contend that such voluntary or therapeutic abortion was caused or necessitated by an your exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin, or some combination thereof. a. Spontaneous abortion Occurred around January 1972 Dr. Rhodes treated at White Settlement Austiopathic Hospital, White Settlement, Texas b. Yes, due to toxins . No NA Dated: Carle Place, New York January 14, 1984 PLAINTIFFS' MANAGEMENT COMMITTEE DAVID J. DEAN, ESQ. DEAN, FALANGA & ROSE, ES One Old Country Road Carle Place, New York 11. (516) 248-9888 12150 accident; b) the dates o-f the injury, medical condition or acci dent ; c) the treatment received, including the treating physician's name and address and all hospital isations, operations and medication received. See answer to question #4. Dr. Robert Cooke Hollsnd- Sylvania Rd. Sylvania, OH 43560 Fara-fon -forte Dr. Randall Finken, Sun-forest Court, Toledo, Ohio 43612 St. Joseph's Hospital, Chatham, Ontario, Canada Dr. Ernst Stern-feld, Secor Rd., Toledo, Ohio 43613 Dr. Ernst Stern-feld Flower Hospital Harroun Rd. Syslania, OH 43560 III. FAMILY MEDICAL HISTORY State the names and addresses o-f your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchildren, and with respect to each: a) i-f any o-f them are deceased, state his or her age at the time o-f death and the time, place and cause o-f death; b) identi-fy each illness, disease, disability, or medical condition ever had by each during his or her li-fetime which required pro-fessional medical attention. c) identi-fy any birth or genetic de-fects or miscarriages which they had; and d) with respect to each relative, identi-fy each medical practitioner and medical institution that treated them, and set -forth the diagnosis. Wi -fe Christina Margaret Craw-fis Ford 3507 St. Anthony Rd. Temperance, MI 48183. Mitral valve insu-f-fiency - Dr. Thomas Abound Sector Rd., Toledo DH. Breast tumor beniQn - Dr. Abraham Steinberg, Phillips Ave., Toledo, Ohio. Father - Raymond Ford, 13478 South County Line Hwy., Ottowa Lake, MI 49267 - None Mother - Rose Ford, 13478 South County Line Hwy., Ottowa Lake, MI - back surgery - Dr. RDbt Cooke - hysterectomy Dr. Wm. Mewborn Brother - Terry Ford, 6507 Sector Rd., Toledo, OH 43613 - Cut on hand - Flower Hospital, Tonsillectomy - Dr. Wm. Mewborn Brother - Randy Ford, Rt#2 Ottowa Lake, MI 49267 - tonsillectomy Dr. Wm. Mewborn Aunt Mildred Barricklow Woodrow St. Sylvania, OH 43560 hysterectomy Dr. RandalFinken Sun-forest Ct. Toledo, OH 43612 Aunt Buelah Southard died January 26, 1964 at home cancer Uncle Morgan Ford Tecumseh, MI 300 outer Dr. Uncle Garland Ford 2969 Eastbrook Toledo, OH none Uncle Arthur Ford deceased June 1971 heart attack at home 61 yrs. Grand-father Lyman Ford deceased 1953 stroke at home 74 yrs. Grandmother Susie Ford deceased 5-45 heart attack at home 60 years Grand-father Earl Capron deceased 11-21-50 car accident 61 years Grandmother Esther Capron 5319 Secor Rd. Toledo, OH. None Aunt Helen Price 5319 Secor Rd. Toledo, OH. 43623 abdominal adhesions Toledo Hospital - doesn't recall date Aunt Jerry Hoyt Rt#2 Ottowa Lake, MI. 49267- Appendectomy could not recall Dr.'s name Uncle Earl Capron 13460 South County Line Hwy, Ottowa Lake, MI. 49267 Uncle Ron Capron 4814 Bowser Dr., Toledo, OH. 2613 Niece Mandy Ford Rt#2 Ottowa Lake, MI. none 12152 6 Nephew Andy Ford Rt#2 Ottowa Lake, MI.49267 none IV. VETERAN'S MEDICAL HISTORY State: a) the date o-f your birth; b) the name and address o-f the hospital or other facility where you were born, and the name and address o-f each attending physician or other medical practitioner; and c) each birth de-fect that you had and each medical complication connected with your birth (e.g., premature birth, breech birth, jaundice, -fetal alcoholism), and each medical complication or health problem that you mother had in connection with her pregnancy o-f your birth (e.g., toxemia, long period o-f labor). 8-23-48 Toledo Hospital N. Cove Blvd. Toledo, OH Dr. Wm. Mewborn Sun-forest Ct. Toledo, OH 43612 c. none Identi-fy each injury, illness, disability or other physical or mental condition which you have ever had, whether temporary or permanent, and state separately as to each: a) each medical practitioner and/or medical institution seen or visited by you -for the purposes o-f consul tation, diagnosis, prognosis, x-rays, treatment or other care, speci-fying the dates o-f all hospital izations; b) the diagnosis or prognosis made by each medical practitioner and medical institution; and c) the nature and extent o-f the care and treatment received in each medical institution and -from each medical practitioner. Tonsilectomy Dr. Wm. Mewborn 1215 Fractured right Femur February 1966 Dr. Robt Cooke Toledo Hospital -fourteen days open reduction with Schneider rod crutches-one year-temporary Toledo Hospital Dr. Robert Cooke removed rod- received physical therapy-Toledo clinic temporary 1970 Toledo Hospital Dr. Robert Cooke compound -fracture o-f right tibia- 14 days hospitalization, -fracture plated temporary- 1972 appendectomy Dr. Wm. Mewborn-ten days-Toledo Hospital temporary 1974 removal o-f plate -from right tibia- temporary- Toledo Hospital-approximate 3 day-stay Dr. Robert Cooke 1974 Er. Randal Finken -- high blood pressure - received medication 1976 Flower Hospital- Dr. Fred Hawkens- crushed big toeobservation and x--rays November 5, 1979 Chatham, Ontario St. Joseph's Hospitalobservation and sutering o-f left knee laceration Transferred by ambulance to Flower Hospital - Dr. Ernst Sternfeld - November 7, 1979-observation-released November 10 1979 Flower Hospital-Dr. Ernst Sternfeld-Nov. 12, 1979-possible bowel obstruction due to truck accident-10 day stay Office visit-Dr. Robert Cooke-pain lower right leg- x-rays both 1egs-November 27, 1979-referred to Dr. Paul Clark Office visit Dr. Paul Clarl-possible soft tissue infectionelevation of leg,warm soaks-keflex 500 mg December 1979 Toledo Hospital-outpatient laminograms Dr. Paul Clark D.V. possible phlebitis, sigvaris stockings Toledo Hospital tomagraphs, xero radiographs January I960 Gallium scan, possible abscess Referred back to Robert Cooke by Dr. Paul Cooke inOutpatient biopsy- Toledo Hospital-February 22, Robert Cooke-Malignant mass right leg 121.1980- Dr. Admitted to Toledo Hospital February 22, 1980 for further surgery Dr. Robert Cooke Feb. 27, 1980 radical resection of right leg -oncologist called in-regimine o-f chemotherapy started Six weeks chemotherapy-Dr.s Horvath and Schafer's office Radiation therapy-3 treatments-Flower Hospital Dr. Stanley Zupnick, Psychologist, mental adjustment to cancer Stress fracture right leg-Toledo Hospital-x-rays Dr. Stephen Kiechel--tasted leg Continued chemotherapy Dr.s Schafer and Horvath Flower Hospital-Apri1 1981-biopsy right leg, negative, Dr. Stephen Kiechel Finished chemotherapy August 1981 Flower Hospital Dr. S. Kiechel bone graft Jan. 1982 Follow up office visits-Dr.s Horvath and Schafer Chest x-ray Flower Hospital Flower Hospital-Dr. S. Kiechel-May 16, 1983-mass in lower thigh, extensive surgery on thigh, resection of retropertonealarea, vein graft, tumors in leg and abdomen, resection small bowel due to truck accident in 1979 Chemotherapy, Dr.s Horvath and Schafer-- 3 months 11. With respect to each injury, illness, disability, other physical or mental condition identified in response to Interrogatory 10, identify each such condition that you claim or believe was caused by or arose out of exposure to Agent Orange, 2,4-D, 2,4,5-T, dioxin or some combination thereof, and state separately as to each: or a) a description of each symptom; c) the date and manner in which each such symptom first manifested itself or was made known to you; and Embryonal rhabdomyosarcoma February 22, 1980 outpatient biopsy 12155 Intolerance to alcohol 1974-1975 Rash in thighs and buttocks 1949 Joint pain 1974-1975 Memory loss 1976 Headaches 1969-1970 Identify each drug or medication ever used or taken by you, including, but not limited to, illegal, recreational and over-the-counter drugs, and -for each drug or medication, set forth the following with respect to each: a) the brand name, generic name, or "street name" of the drug; b> the date of use; c) the amount used during each period of use; d) the name and address of the physician, if any, who prescribed the drug; e) a description of reasons for your use of the drug; and f) whether you have ever received any medical treatment or counselling in connection with your use of such drugs. Aspirin,periodically through present,for headaches and joint pain HCTZ 2 times daily prescribed, Dr. Thomas Abound Sector Rd. Toledo, OH 43613,hypertension Keflex 500 mg Dr. Paul Clark 3930 Sunforest Ct. Toledo, OH 43612-possible soft tissue infection Tylenol 3 Dr. Stephen Kiechel Secor Rd. Toledo, OH 43613 Parafon forte Dr. Robert Cooke Holland- Sylvania, Sylvania, OH 43560-back injury 12156 Anti-malarial drug prescribed in Vietnam Marijuana occasionally in Vietnam 13. Identify each skin condition that you have ever had, and with respect to each such condition: a) state the dates during which you had that condtion; b> describe any diagnosis or medical treatment you received for the condition,and state: i) the name and address of the person rendering the diagnosis or treatment; ii) the name and address of the medical institution(s) at which you were diagnosed or treated; iii) the dates of the diagnosis or treatment; iv) and the effect of the treatment. Rash on thighs and buttocks- 1969-present never seen by physi ci an 14. If you have ever smoked cigarettes or otherwise used a tobacco product: a) identify each type of product (e.g., cigars, cigarettes, chewing tobacco); b> identify the time period during which you used that tobacco product; c> identify the amount used on a daily basis (e.g., packs of cigarettes/day>; and d> state whether any physician or other health care professional has ever advised you to stop or reduce your use cf cigarettes or other tobacco products, and, if so, state the name and address of the physician or other health care professional and the date of the advice. Cigarettes less than one pack daily for five years- quit on 12157own accord 15. If you have ever consumed or drunk alcohol, state separately with respect to each type of alcohol (e.g., liquor, beer, wine, etc.) consumed: a) at what age consumption began; b) the amount and frequency of such consumption; c) if consumption ceased at any time, the reasons for such cessation and the reasons for any resumption; and d) whether you were ever hospitalized or institutionalized for alcohol use, or advised to limit or stop alcohol use, and, if so, state the name(s) of each such hospital or institution or medical practitioner who treated or advised you. Beer less than 3 per week. Distilled spirits less than per week. Stopped due to digestive disturbances 16. If any insecticides (e.g., Chlordane, Lindane, DDT), rodenticides (e.g., rat poison), insect repellents (e.g., DEET) or other pest control compounds were ever used by you or others around your living or working quarters, state as to each: ) the brand name or generic name of the chemical; b) a description of the chemical (e.g., powder, liquid, color, smel1); c) a description of the container for the chemical (e.g., shape, color, markings) d) the date of use; e) the method of application; f ) the place it was applied; g> the frequency of application; and h ) whether you experienced any adverse reaction to the compound and, if so, describe the reaction. None VI. m i l i t a r y s e r v i c e 17. State with respect to your military service: a) the branch o-f the armed services in which you served: b> the inclusive dates o-f your service; c> the inclusive dates o-f se-vice in or near Vietnam; d) the name o-f each military unit to which you were assigned while serving in or near Vietnam; and the dates du.-ing which you were assigned to each such units; e> the name and location o-f each place or area at which you were physically present in or near Vietnam and the dates during which you were present at each such place or area; f) your immediate superior officer's name and rani-: while in or near Vietnam; and g) the type o-f discharge you received. r Army 1-15-68 - 9-18-67 Sept. 1968 - Sept. 1969 Charlie Eattery First Battalion 92nd Artillery Sept. 1968 Cameron Bay, paeiku, Kontum, Bambi Tuit, Dak to Landing Zone Marylou, Firebase 13, Firebase Blackhawk, can't remember dates Capt. Farmer Honorable 18. With respect to each illness, injury, wound or other medical or psychological condition experienced by you during your military service in or near Vietnam, state: a) the date o-f your illness, injury, wound, or other medical or psychological condition; b> a description o-f the illness, injury, wound, or other medical or psychological condition, including a description o-f all symptoms; c) the cause o-f the illness, injury, wound, or other 12159 medical or psychological condition; d> the name and rank of the person to whom you -first reported the illness, injury, wound, or other medical or psychological condition (if anyone): e) the date that you first reported the illness, injury, wound, or other psychological or medical condition; f) the name, rank and location of each physician or other health care professional who treated your illness, injury, wound, or other psychological or medical condition, including the dates and places of treatment, and a description of the treatment you received; and g) the name and location of each hospital or other health care facility which treated your psycholo gical or medical condition, the dates of treatment, and a description of the treatment that you received. Schrapnel right lower leg, L.2. Marylou, don't recall date treated by army medical station on perimeter Malaria contracted in Kontum, sent to aide station and then to Cameron Bay and hospitalised. Don't recall date. Describe any other medication taken by you during your military service (e.g., Dapsone, Chloroquine, Primaquine, Binoctal), stating as to each: a) the brand name or generic name of the medication; b> the form of the medication (e.g., pill, capsule, injection, etc.); c) the color, shape, and sise of any pill or capsule taken; d) the reasons for taking the medication; e) the name and rank of the person (s) who gave you the medication; f) the dates you took the medication; g) the amount of the medication taken (e.g., pills/day); and h) whether you experienced any adverse reaction to the 1 2 medication and, if so, describe the reaction. Some sort of anti-malarial drug. Don't recall type. Took medication 'for entire stay. Did not have adverse reaction. 20. State whether you ever received any training, instructions, warnings or health and safety information concerning herbicides during your military service, and identify as to eachi a) the dates you received the foregoing; b) the location where received; c) the name and rank of the person(s) from who it was received; d) the substance of any oral information received; and e) the title, date, author or source, and content of any written material received. No 21. Set forth with respect to each time you claim to have been exposed to herbicies: a) the date of the alleged herbicide exposure; b) the time of day of the alleged exposure; c) the closest geographical or political reference point (e.g., hill, town, landing cone) to the place you believe you were exposed; d) a description of the terrain at the place of alleged exposure; e) a description of how the herbicide was being applied (e.g., helicopter, aircraft, hand, etc.); f) a description of your activities at the time of alleged exposure; g> the manner you believe your body was physically exposed to the herbicide (e.g., skin contact, inhalation, ingestion or swallowing), and, if you believe you were exposed by contact on your skin, identify the areas of skin that came in contact with the herbicide; h) the name and rank of other people present at the J- riC,!Vo I1 15 time o-f alleged exposure; and i) with respect to any deceased proposed repre sentative plaintiff, state how such plaintiff will demonstrate any of the information^ requested in subparts a) through h> of lLiis interrogatory, identifying any persons with such information who will testify as to such plaintiff's exposure to herbicides. .. Exposed at various times unit was airlifted into various areas sprayed with defolliant, drank water from rice paddies in areas with dead and dying foliage, chopped down dead and dying foliage, went to bathroom in dead and dying foliage. L.2. Marylou and other areas previously mentioned in Question 17. Fred Falana, Robert Snodgrass, Sgt. Brown Worked and often lived in areas sprayed with dead and/or dying foilage. Dated: Carle Place, New York January 14, 1984 PLAINTIFFS' MANAGEMENT COMMITTEE BY: DAVID J. DEAN, ESQ. DEAN, FALANGA & HOSE, ESQS. One Old Country Road r Carle Place, New York 11514 (516) 248-9888 , _ orv r .-r a c r:.& 't u r * ,-y ;-.e 12162 16 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK __________________________________ x In re "AGENT ORANGE" : Product Liability Litigation : ____________________ ____ _ x MDL No.3B1 ANSWERS OF Stephen John Zardis TO DEFENDANT'S INTERROGATORIES TO PROPOSED REPRESENTATIVE PLAINTIFFS PLAINTIFF'S MANAGEMENT COMMITTEE: Phillip E. Brown, Esq. Hot-erg, Finger, Brown, Com !< Mol 1igan 703 Market Street (18th Floor) San Francisco, California 94103 Stanley M. Chesley, Esq. Waite, Schneider, Beyless and Chesley Co. L.P.A. 1513 Central Trust Tower Fourth and Vine Streets Cincinnati, Ohio 45202 David J. Dean, Esq. Dean, Falanga & Rose One Old Country Road Carle Place, New York 11514 Newton B. Schwarts, Esq. Houston Bar Center Building 723 Main (Suite 325) Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin i< Sears Frick Building (10th FI.) Pittsburgh, PA. 15219 Benton Mussel white, Esq. S: John 0. O 'Quinn, Esq. 609 Fannin (Suite 517) Houston, Texas 77002 Stephen J. Schlegel, Esq. Schlegel & Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Gene Locks, Esq. Neil Peterson Esq. Greitzer it Locks, Esqs. 1500 Walnut Street Philadelphia, PA 19102 12163 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In Re "Agent Orange" Product Liability Litiagation a . MDL No. 381 t% I. GENERAL 1. State your name, social security number, military service number, and each address at which you have ever lived (excluding time during active military service), starting with your current address, and give the dates you lived at each address. Stephen John Zardis, 013-34--8809, RA 11621846. Addresses: 52 Pitman Road Marblehead, MA PRESENT - September, 1981 141 Front Street Marblehead, MA February, 1972 - June, 1971 18 Merritt Street Marblehead, MA Sept., 1981 - Sept., 1981 35 Baker Street Malden, MA June, 1971 - June, 1970 One Crocker Park Marblehead, MA Sept., 1980 - Sept., 1979 ACTIVE SERVICE US Army June, 1970 - June, 1967 141 Front Street Marblehead, MA Sept., 1979 - May, 1976 35 Baker Street Malden, MA June, 1967 - 1956 50 Holden Road Sterling Junction, MA May, 1976 - May, 1975 Gore Nursing Home Wollaston, MA 1956 - 1954 ClintwDod Village Bldg. 3, Apt., 5 Clinton, MA May, 1975 - Feb. 1972 Cook Street Charlestown, MA 1954 - 1948 2. Identify each educational institution you attended, the dates of your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination. a) the date o-f the examination; b) the hospital or institution where such examination was given; and c) the name and address o-f the person conducting the examination. Salem State Colletge, Salem Massachusetts Fall Semester, 1976 Worcester State College, Worchester, Massachusetts Spring, 1975; Fall, 1974; Spring, 1974; Fall, 1973 Salem State College, Salem, Massachusetts Spring, 1972; Fall, 1971 Boston College, Chestnut Hill, Massachusetts Fall, 1965; Spring, 1967 I-f you have ever made a claim -for benefits -for any medical condition (including worker's compensation, veteran's benefits, state or federal disability or insurance or union or third party medical plans) state with respect to each such claim: a) the type of claim (worker's compensation, veteran's benefits, etc.); b) the date of the claim; c) the claim number of other identification of the cl ai m d) the entity to whom the claim was made, including the name and address; e) the medical condition for which the claim was made; and -f) the disposition of claim. A) Veteran's benefits B) July, 1970; March' 7, 1977 C) C-260B3311 D> Veteran's Administration Regional Office Federal Building, Boston, Massachusetts r*- Qi E> July, 1970 -- Injury to jaw as a result of combat in Vietnam and urinary tract problem incurred while in Vietnam. March 7, 1977 -- compensation for neurological damage F) All claims approved 10 percent jaw, 40 percent urinary tract problem, 100 percent neurological probiem. 5. If you have ever filed or otherwise commenced a legal ction in connection with any medical condition (other han this action) state as to each such action: a) the date that action was filed or otherwise commenced, the court or administrative body, the full title of the action, the index or other identifying number, and the identity of all parties to the action; b) a description of the medical condition in connection with which the action was filed, and how you believe that medical condition occurred; c) a description of the outcome of the action, or of its present status if it is still pending; and d) the dates and amounts of any payments, either as a result of a judgment or settlement, which you have received or which you are scheduled to receive. Plaintiff has never filed or commenced any other legal action with regard to any medical condition which plaintiff has had other than this lawsuit. 12166 II. EMPLOYMENT HISTORY 6. Identify and describe each job you have held, whether employed by others or self-employed, and state as to each: a) the name and address of your employer, the address of your workplace, the nature of the business and your job title; b) your duties and responsibilities; c) the date the job began and ended and the reasons for termination of the job; and d) the date and place of each physical and mental examination that you underwent in connection with such job, identifying the name and address of each medical practitioner conducting the examination and the name and address of any medical institution at which such examinations was conducted. Commonwealth of Massachusetts, Department of Social Se-vices, 150 Causeway Street, Boston, Massachusetts, Social Worker, March, 1979 through September, 1978. Terminated because of neurological problem. Could not walk to make home visits. Plaintiff did not have any physical or mental examinations performed upon him. Robert F. Kennedy Action Corps., Assistant Director of Residential Diagnostic Center, Lancaster, Massachusetts. Child Care Worker, September, 1970 through May, 1976. Home for emotionally disturbed children. Plaintiff did not have any physical or mental examintions performed upon him. Military Service, physical examination at Boston Army Base, Boston, Massachusetts, 1967-1970. Boston College, Chestnut Hill, Massachusetts, full time student, 1965-1976. Revere Knitting Mills, Ferry Street, Malden, Massachusetts, Summer, 1966. Filling orders in warehouse for clothing shipped to retail customers. 7. With respect to each job identified in response to 1 2 1 6 7 Interrogatory No. 6, identify each on-the-job injury, medical condition or accident that you experienced, and state separately as to each: a) a description of the injury, medical condition or accident; b) the dates of the injury, medical condition or acci dent; c) the treatment received, including the treating physician's name and address and all hospital izations, operations and medication received. NONE III. FAMILY MEDICAL HISTORY 8. . State the names and addresses of your spouse, children, brothers, sisters, parents, grandparents, aunts, uncles, cousins, nieces, nephews and grandchi1dren, and with respect to each: a) if any of them are deceased, state his or her age at the time of death and the time, place and cause of death; b) identify each illness, disease, disability, or medical condition ever had by each during his ot her lifetime which required professional medical attention. c) identify any birth or genetic defects or miscarriages which they had; and d) with respect to each relative, identify each medical practitioner and medical institution that treated them, and set forth the diagnosis. Plaintiff has no spouse, children, no sisters and no brothers. To the best of plaintiff's recol1ection, there have been no birth defects. Both of plaintiff's parents are still living. They are as follows: FATHER: Emmanuel Zardis, Age 1 Polyps removed from throat, 1981 Harvard Community Health Program Cambridge, Massachusetts .2168 MOTHER: Irene Zardis, Age 60 Cancer of breast, 1980 Mastectomy performed Brigham and Women's Hospital Boston, Massachusetts MATERNAL GRANDMOTHER: Catherine MacFarlane Deceased - Summer, 1978 Complications from diabetes Everett. Massachusetts MATERNAL GRANDFATHER: John MacFarlane Deceased - 1962 Cancer of Colon Chelsea. Massachusetts PATERNAL GRANDMOTHER: Mary Zardis Deceased - 1930 Complications at childbirth Queens. New York PATERNAL GRANDFATHER: John Zardis Deceased - 1943 Queens, New York FAMILY PHYSICIANS: Dr. Halpin (deceased) Dr. Finnegan IV. VETERAN'S MEDICAL HISTORY State: a) the date of your birth; b) the name and address of the hospital or other facility where you were born, and the name and address of each attending physician or other medical practitioner; and c) each birth defect that you had and each medical complication connected with your birth (e.g., premature birth, breech birth, jaundice, fetal alcoholism), and each medical complication or health problem that you mother had in connection with her pregnancy of your birth (e.g., toxemia, long period of labor). January 26, 194B Chelsea Memorial Hospital, Chelsea, Massachusetts Physician unknown No birth de-fects or medical complications. 10. Identify each injury, illness, disability or other physical or mental condition which you have ever had, whether temporary or permanent, and state separately as to each: a) each medical practitioner and/or medical institution seen or visited by you -for the purposes of consul tation, diagnosis, prognosis, x-rays, treatment or other care, specifying the dates of all hospitalirations: b) the diagnosis or prognosis made by each medical practitioner and medical institution; and c) the nature and extent of the care and treatment received in each medical institution and from each medical practitioner. November, 1959 -- broken ankle. Dr. Halpin. Treated at Lawrence Memorial Hospital, Medford, Massachusetts. Ankle set and cast made. August, 1960 -- Chest x-ray. Dr. Halpin. Treated at Lawrence Memorial Hospital, Medford, Massachusetts. Fell on chest, had trouble breathing and physician took x-ray which was negative. February 22, 1977 -- Jamaica Plain Veterans Adminis tration Hospital and West Roxbury Veterans Administration Hospital. Each period of hospitalization since this time has been for neurological problems. The hospitalization are so numerous that plaintiff cannot recall each and every hospitalization, which dates are set forth in plaintiff's various hospital records. >- In the Republic of Vietnam, plaintiff had a fever of unknown origin and was hospitalized at the 167th Evacuation Hospital and then Medivaced to Cu Chi 25th Evacuation Hospital and seen at Tay Ninh Hospital. Agent Orange Exposure: Resulting in a severe, progressive demyelination disease, which has been diagnosed as multiple sclerosis, with peripheralneuropathy, marked lower extremity and back rigidity and severe spasticity (requiring Ll-Sl anterior rhizotomy), progressive lower extremity weakness, loss of movement and marked sensory ataxia, stiffness of lower extremities. right foot drop, intractable pain syndrome of lower extremities, intermittent numbness of the feet, paraplegia, severe spasticity and limitation of movement of upper extremities, marked decreased sensation of both upper extremities, intermittent numbness of both hands, significantimpairment in strength, dexterity and proprioception in upper extremities, resulting in low level "quadraplegia", recurrent urinary tract infections, intermittent renal failure, bladder dysfunction with incontinence, bladder sphincter dysynergia (requiring TURP and TURBN with sphincterotomy), intermittent bowel incontinence, prolapsing of rectum, enlargement of prostate, sacral decubiti, left ischial ulcer (requiring left ischiectomy ulcer excision), sexual dysfunction, marked visual disturbances and deficit, severe diplopia, internuclear ophthalmoplegia and ataxia, marked left lateral nystagmus, left greater than right, severe loss of vision, decreased visual acuity, abdominal mass (requiring excision), chloracne, chronic urinary tract infections, recurrent fever of unknown origin, inability to swallow, drastic weight loss, disanthenia, emotional overlay depression, lethargy, depressive neuritis, loss of appetite, speech incoordination, chronic fatigue, persistent headaches and joint and muscle pain, irrascibi1ity, erratic behavior difficulties and irritabi1ity. 1217! With respect to each injury, illness, disability, or other physical or mental condition identified in response to Interrogatory 10, identify each such condition that you claim or believe was caused by or arose out of exposure to Agent Orange, 2,4-B, 2,4,5-T, dioxin or some combination thereof, and state separately as to each: a) a description of each symptom; c) the date and manner in which each such symptom first manifested itself or was made known to you; and See Plaintiff's answer to question number 10 supra re: Agent Orange Exposure. Identify each drug or medication ever used or taken by you, including, but not limited to, illegal, recreational and over-the-counter drugs, and for each drug or medication, set forth the following with respect to each: a' the brand name, generic name, or "street name" of the drug; b> the date of use; c> the amount used during each period of use; d) the name and address of the physician, if any, who prescribed the drug; e> a description of reasons for your use of the drug; and f) whether you have ever received any medical treatment or counseling in connection with your use of such drugs. Pain medication, morphine, valium. Various times while hospitalised from 1977 onward. See medical records. Various doctors at Jamaica Plain Veteran's Administration Hospital, .Jamaica Plain, Massachusetts, and West Roxbury Veteran's Administration, West Roxbury, Massachusetts. Prescription to ease pain, for muscle spasticity and loss of sleep. 12172n o . 9 13. Identify each skin condition that you have ever had, and with respect to each such condition: a) state the dates during which you had that condtion; b) describe any diagnosis or medical treatment you received -for the condi ti on,and state: I) the name and address of the person rendering the diagnosis or treatment; II) the name and address of the medical institution(s) at which you were diagnosed or treated: III) the dates of the diagnosis or treatment; IV) and the effect of the treatment. In l*t I960 or early 1969 while in Vietnam, plaintiff developed a rash on his arms and chest. Plaintiff was seen by a physician at the 187th Assault Helicopter Company Hospital in Tay Ninh. A white ointment, which Plaintiff believes to be cortisone was given by said physician, who believed Plaintiff may have been suffering from an allergy to diesel fuel. The ointment was ineffective. The condition, experiencing periods of exacervation and remission, remains. 14. If you have ever smoked cigarettes or otherwise used a tobacco product: a) identify each type of product (e.g., cigars, cigarettes, chewing tobacco); b) identify the time period during which you used that tobacco product; c> identify the amount used on a daily basis (e.g., packs of cigarettes/day); and d) state whether any physician or other healh care professional has ever advised you to stop or reduce your use of cigarettes or other tobacco products, and, if so, state the name and address of the physician or other health care professional and the date of the advi ce. Cigarettes -- January, 1966. Two packs/day December, 19B2 No. 15. If you have ever consumed or drunk alcohol, state separately with respect to each type of alcohol (e.g., liquor, beer, wine, etc.) consumed: a) at what age consumption began; b> the amount and frequency of such consumption; c) if consumption ceased at any time, the reasons for such cessation and the reasons foh any resumption; and d) whether you were ever hospitalized or institutionalized for alcohol use, or advised to limit or stop alcohol use, and, if so, state the name(s) of each such hospital or institution or medical practitioner who treated or advised you. 17 years of age. Beer - infrequently. Consummed very little alcohol, perhaps a six pack/month while in the service. Wine and occasional liquor now less than one (1) bottle of wine/month. Less than ten (10) cocktai1s/month. Consumption ceased for extended periods while hospitalized. No 16. If any insecticides (e.g., Chlordane, Lindane, DDT), rodenticides (e.g., rat poison), insect repellents (e.g., DEET) or other pest control compounds were ever used by you or others around your living or working quarters, state as to each: a) the brand name or generic name o-f'the chemical; - b) a description o-f the chemical (e.g.,.powder, 1iqui d, color, smell); c> a description of the container for .the chemical (e.g., shape, color, markings) d) the date of use; e) the method of application; f ) the place it was applied; /"N the frequency of application; and h) whether you e;;perienced any adverse reaction to the compound and, if so, describe the reaction. None to the best o-f Plaintiff's knowledge. VI. MILITARY SERVICE 17. State with respect to your military service: a) the branch of the armed services in which you served; b) the inclusive dates o-f your service; c) the inclusive dates o-f service in or near Vietnam; d) the name o-f each military unit to which you were assigned while serving in or near Vietnam; and the dates during which you were assigned to each such units; e) the name and location o-f each place or area at which you were physically present in or near Vietnam and the dates during which you were present at each such place or area; f) your immediate superior officer's name and rank while in or near Vietnam; and g> the type o-f discharge you received United States Army. June 25, 1967 through June 26, 1970. April 4, 1968 through April 7, 1969. 362nd Aviation Support Detachment attached to 2nd Brigade 25th In-fantry Division; 1st Air Cavalry Division, 228th229th Companies; Aero-Scout Detachment o-f the 11th Armored Cavalry at Tay Ninh; B-32 Fi-fth Special Forces Group; Advisory Team 90, Military Assistance Command, Vietnam 187th Assault Helicopter Company o-f First Aviation Brigade. Unit plainti-f-f was assigned to was responsible for air space security or ground control o-f aircra-ft to insure planes and helicopters did not -fly into each other. Clearance -for air strikes and spraying missions, medical evacuations, insertion and extraction o-f troops, tactical and logistical air -flights. Tay Ninh Province, East and West, Dau Tieng, Trang Bang, Cu Chi to Cambodia. Plainti-f-f ws in this general area the entire while he was in Vietnam. Plainti-f-f was on the ground the entire period o-f time except -for a couple o-f hours per month when being transported -from one place to another. Major Bell, Major Scully. Field Grade 0-f-ficers. There were others which plainti-f-f cannot recall. Honorable. 18. With respect to each illness, injury, wound or other medical or psychological condition experienced by you during your military service in or near Vietnam, state: a) the date o-f your illness, injury, wound, or other medical or psychological condition; b) a description o-f the illness, injury, wound, or other medical or psychological condition, including a description o-f all symptoms; c> the cause o-f the illness, injury, wound, or other medical or psychological condition; 12176 d) the name and rank of the person to whom you first reported the illness, injury, wound, or other medical or psychological condition (if anyone): e) the date that you first reported the illness, injury, wound, or other psychological or medical condition; f) the name, rank and location of each physician or :other health care professional who treated your illness, injury, wound, or other psychological or medical condition, including the dates and places of treatment, and a description of the treatment you received; and g) the name and location of each hospital or other health care facility which treated your psycholo gical or medical condition, the dates of treatment, and a description of the treatment that you received. July, 1968, injured jaw from rocket explosion. Urinary tract infections from August, 1968, onward. Pain especially when urinating, but almost continuous. Sometime around September through November, 1968, Plaintiff was medivaced to Cu Chi for throat examination. Plaintiff was unable to swallow. Plaintiff was taken to Tay Ninh Base Camp Hospital. Plaintiff ws evaluated psychologically in or about January, 1969, for fitness for duty in combat zone. Combat. Throat, fever of unknown origin, and jaw injury -- Doctor at 187th Assault Helicopter Company, who referred to 25th Infantry Hospital. Hospitalized 4 to 5 days for fever of unknown origin and throat. Jaw -- out-patient, 187th Assault Helicopter Company Hospital. Psychological - out-patient, 187th Assault Helicopter Company Hospital. January, 1969, psychological. September through November, 196B, throat, fever of unknown origin, and jaw injury. Unknown. 187th Assault Helicopter Company Hospital for all injuries. The jaw and psychological examinations were on an out patient basis and plaintiff was returned to duty that same day. The swallowing difficulties and fever of unknown origin occurred simultaneously, and plaintiff was sent to the 25th Infantry Hospital and hospitalized for several days. 12177 19. Describe any other medication taken by you during your military service (e.g., Dapsone, Chloroquine, Primaquine, Binoctal), stating as tD each: a) the brand name or generic name of the medication; b) the form o-f the medication (e.g., pill, capsule, injection, etc.); c) the color, shape, and sise o-f any pill or capsule taken; d) the reasons -for taking the medication; e) the name and rank of the person(s) who gave you the medication; f) the dates you took the medication; g) the amount of the medication taken (e.g., pills/dey); and h) whether you experienced any adverse reaction to the medication and, if so, describe the reaction. Plaintiff never took any of the medications described except a salmon-colored (pink) horse tablet for anti malaria which Plaintiff took a few times upon first arriving in Vietnam in April, 196B. One Sgt. Freeman was in charge of dispersing the medication, which he usually did by leaving in the sleeping quarters. Plaintiff consumed a couple of pills upon arrival in Vietnam, then stopped. Di arrhea. 20. State whether you ever received any training, instructions, warnings or health and safety information concerning herbicides during your military service, and identify as to each: a) the dates you received the foregoing; b) the location where received; c) the name and rank of the person(s) from who it was received; 12178 15 d) the substance of any oral information received; and e) the title, date, author or source, and content of any written material received. NONE 21. Set forth with respect to each time you claim to have been exposed to herbicies: a) the date of the alleged herbicide exposure; b) the time of day of the alleged exposure; c) the closest geographical or political reference point (e.g., hill, town, landing zone) to the place you believe you were exposed; tii a description of the terrain at the place of alleged exposure; e) a description of how the herbicide was being applied (e.g., helicopter, aircraft, hand, etc.); f) a description of your activities at the time of alleged exposure; g) the manner you believe your body was physically exposed to the herbicide (e.g., skin contact, inhalation, ingestion or swallowing), and, if you believe you were exposed by contact on your skin, identify the areas of skin that came in contact with the herbicide; h) the name and rank of other people present at the time of alleged exposure; and i) with respect to any deceased proposed repre sentative plaintiff, state how such plaintiff will demonstrate any of the information requested in subparts a) through h) of this interrogatory, identifying any persons with such information who will testify as to such plaintiff's exposure to herbicides. Nui Ba Dinh, Trang Bang, Dau Tieng -- this is the general area where plaintiff recalls being sprayed directly. On two occasions in the early morning, plaintiff remembers being caught in a drift of foggy, foul smelling chemical sprayed by United State's planes. The first occasion, was either June or July of 1968, and shortly afterwards, the 16 12179 w Plaintiff vomited. The second occasion, the Plaintiff developed a -fever o-f unknown origin a week or so thereafter. On two other occasions, one when a UC 123 got hit with groundfire and dumped its load of chemicals. Plaintiff was sprayed directly. This occurred around November, 1968. The other occasion was a flyby 50-100 meters from me. Plaintiff was again sprayed directly. All spraying were by aircraft. Plaintiff was walking on the ground. Head, arms and chest were exposed. Only twenty-two men in Unit. Plaintiff worked on generators by himself. Exposed with E4 soldier on initial spraying and with RVN regulars second time. Plaintiff was exposed by himself on the next two occasi ons. Dated: Carle Place, New York January 14, 1984 PLAINTIFFS' MANAGEMENT COMMITTEE BY DAVID J. DEAN, ESQ. DEAN, FALANGA & ROSE, ESQS. One Old Country Road Carle Place, New York 11514 (516) 240-9888 12180 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK __________________________________ x In re "AGENT ORANGE" : Product Liability Litigation s MDL No. 381 ANSWERS OF GEORGE W. EWALT. JR. TO DEFENDANT'S INTERROGATORIES TO PROPOSED REPRESENTATIVE PLAINTIFFS PLAINTIFF'S MANAGEMENT COMMITTEE: Phillip E. Brown, Esq. Hoberg, Finger, Brown, Cox & Mol 1igan 703 Market Street (18th Floor) San Francisco, California 94103 Stanley M. Chesley, Esq. Waite, Schneider, Bayless and Chesley Co. L.P.A. 1513 Central Trust Tower Fourth and Vine Streets Cincinnati, Ohio 45202 David J. Dean, Esq. Dean, Falanga ?< Rose One Old Country Road Carle Place, New York 11514 Newton B. Schwarts, Esq. Houston Bar Center Building 723 Main Suite 325) Houston, Texas 77002 Thomas W. Henderson, Esq. Baskin !< Sears Frick Building (10th FI.) Pittsburgh, PA. 15219 Benton Musselwhite, Esq. & John 0. 0 'Quinn, Esq. 609 Fannin (Suite 517) Houston, Texas 77002 Stephen J. Schlegel, Esq. Schlegel & Trafelet, Ltd. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Bene Locks, Esq. Neil Peterson Esq. Greitzer & Locks, Esqs. 1500 Walnut Street Philadelphia, PA 19102 12181 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re "AGENT ORANGE" Product Liability Litigation. A.^ MDL No. 3B1 I. GENERAL 3. Stats your name?!, sc-ciol security number, military service - nomes-, and each address at which you have ever lived (excluding tame during active military service) starting with your current address. and give the dates you lived at each address. i jii 0 1 III 11 If i 2ci i-i- W . E!.<3t . Jr .: =.S. #19-39-4538; M.S. #US52807845. cast Addresses: Present. at 4351 Lauri stop, Philadelphia, PA 4 year s . F'1'ior to that 701 Summit Avenue. Ft-. ;dsl phi a . PA 19122 .- yei\i: 5300 block Ridge Avenue, F*:1.-s-hi a.. 1 year : block Jamestown Street, F"..adel phi a. 1 yea- : 200 b1ock Wendover Street, F~:iassi phi a, 1 year : 731 Fen n Pines' Boulevard, Clifton l-i::'tr. PA appro,"ims t=Zy 2 years; military service, 2 >==-=: 731 Penn Pines Fc-u.levard 6 years; 729 West Wood r-:-e. Clifton Heights. FA, 2 years; 134 Ridgeway Avenue, t-.i- . - c o d . PA B or 9 yee-s; Gree-riway Avenue in Sharon Hill Fe~_e .!vani a. Born in "ii.:oerld Mercy Hospital, Darby, PA Beitember 14. 1947. Identify each educational institution you attended, the dates of your attendance, and describe any physical or mental examination you received at or in connection with your attendance at each institution, stating with respect to each such examination. Grade School at St. Gabriel's, Norwood, PA from 1st to 6th grade; 7th and 8th grads Blessed Virgin Mary in Darby, PA; four years of high school at Monsenior Bonner in ..Drexel Hill, PA after service, night school in approximately 1978 or 1979 at Chestnut Hill College. No recol lection;: of any specific testing, physically or mentally, during^he above period other than regular scholastic testing such as SAT's. Hs has no present recall of the dates of the SAT*s. Routine ph. si cals, dates unknown. *> the date of the examination; l: ; ' 12182 1 b) the hospital or institution where such examinati on was gi yen; and c) the name end address of the person conducting the ex a.mi rietion. If you have ever made a claim -for benefits -for any medical condition (including worker's compensation, veteran's bene-fits, state or -federal disability or insurance or union or third party medical plans) state with respect to each- sue? claim: the date of the claim c^ tcia-.im number or other identification o-f the claim d> the- entity to whom the claim was made, including the name er.d address: e> che medical conditio-- -for which the claim was made: f and t*-e disposition o-f the claim. Claim -for Veteran Administration benefits for left knee, fractured in Te,.ar while in the service, Fort Hood, Texas in 19c-2. Thereafter, a claim for post-traumatic stress. Pric-** to filing the poet-tr aum.atic stress claim-arid subsequent to the fractured knee claimi. Plantiff filed an Agent Orange claim. Claims have been made under George W. Ewalt, no Jr. Certain had Worker's Comsp. claims with the Bell Telephone Co. Approximately 6 to E years ago Mr. Ewalt broke a finger on the job. The claim was made with Bell Telephone, medical bills were paid. Approximately 4 ot 5 years ago, additional1y, left arm, elbow, shoulder struck by van. Medical bills were paid, No recollection of lost time for either. 12"JL If you have eve1' filed or otherwise commenced a legal action in connection with n.- medical condition (other than this action) state as to each such action: a) the- cate that action was. -filed or otherwise commenced, the court o,m administrative body, ythe -full title o-f the action, the index or other identifying number, and the identity o-f all parties to the action; b> a description o-f the medical condition in connect ido with which the action was -filed, and how you believe that medical condition occurred; c- a ce sc~ 1 pt:C-" o-f the outcome o-f the action, cr o-f ill p-'eeer.t si.at us i-f ii is still pending; arc c > the dates and amounts' o- any payments, eithe- as a rc-s.It c-f a judgment e** settlement, which you ha-'e received or which vou e scheduled to recei-s. Autc-.mobi 1e accident appro;-1 mat el y 30 years ago, and cut o-f worv: -for eco-e- wt-el s. I"jury to neck and uops" tack. Emergene> treatment and :--*av= *t Roxborough hemorial Hospital. thereafter, -followed b. his -family ph.siciar. Dr. Jeer, rfurloc!--. The cass '-.c settled with carrier. In appro:::ret e! y 1=c-.T, had ar- accident while a passenger in car. Injur - to head end nee! . lost little ?.-.per:sea. No race! 1ect ion o - attorney's name. II. EMf'LDViiENT HISTORY . Identify arid describe each joe you have held, whether employee fcy others or sel-f-employed, and state as to each: a) the name and address o-f veur employer, the add-ess o-f your workplace, the nature o-f the business and your job title; b' your duties and responsibilities; c) the date the jot- began and ended and the reasons for ter mi nat ion o-f the job: and d> the date and place o-f esch physical and mental exam:neti or. that you underwent in connection f \. * \4 -v ^ ; with such job, identifying the name and address of each medical practitioner conducting the examination and the name and address o-f any medical institution at which such examinations was conducted. While in high school in approxi mstel y 1964 worked part-time -for Adams Cadillac, 20th and Sansom Streets, Philadelphia. Washing and cleaning the automobiles. He was terminated when he graduated -from high school and went into full line employment. While in high school, George also was a vendor -for the Nylon Brothers food concessions at the stadiums selling hot dogs, candy bare, cokes, 7-Ups and root beer beverages. After high school, accepted full-time work - Curtis Publishing Co. in June of 1965 to January of 1966. He operated an automatic labeling machine. Left Curtis Publishing Co. for a better employment opportunity at Borenson Industry. Col win, PA. and worked in the mi-ri-.:no shop as metal man, (bringing material to the ops *at c. - . The- ;cb ende: when he was drafted into vhe mi I;tar v. In 1968, returned to Sorenson Industries as a machinist. for 3 o: A months. He left intending to go baci to school. Thor &af iev*. employed by Wings and Wheels as a part--time- driver for a freight company. In 1969, he became a full-time employee with the U.S. Postal Ee--ice for 1 year in Wayne. PA. as a regular mailman delivering niai 1 . In 970, tecsfi-e employed with the telephone compa-y, Bell of PA. He stared as a sp!icer--helper, and was then promoted after 23 months to lineman. Was a lineman until 19S3. -Although he was a titled lineman until 1933, in 1981 tc 1933 due to his health problems he performed function of office worker. He became a facility assigner in 19E3 arid is presently employed at Bell Telephone at that position. Plantiff believes he- is presently employed by Bell Avantic, although has not yet received first checl after telephone companies reorganization. Any physical examinations during the period of employment with Sorenson Industries and many of the part-time jobs before were performed by family doctor, Dr. Marvin Werlinsky, Alden, PA. 7. With respect to each job identified in response to Interrogatory No. 6 , identify each on-the-job injury, medical condition or accident that you experienced, state separately as to each: and 12185 4 a) a description of the injury, medical condition or acci dent : b) the dates- o-f the injur v, medical condition or acci dent : c) .he tree-.tffient received, including the treating physician's name and address and all hospitalirations, operations and medication received. Each on the- job inju-'y- recalled has been stated. *ihils at Sorer i n ' s . h e d i e h a v e not job related injurv At `::.ime. tie s': ed the top O' his f nger. Treated at r.'.z a c Hospital in Earbv. PA. family medical history Scats the names and addresses o-f your spouse, children, fc-ethers.. sisters, parents, grandparents, aunts, uncles, cc.rins, nieces. nephews and grandchildren, and with respect to each: a'* i-f any o-f them are deceased. stete his or her age at the time o-f death and the time, place'and cause o-f death:: t-.< identify each illness, disease, .disability, or miedicel condition ever had by each during his or her li-fetime which required pro-*ess zonal medical attenti on. c) identify any fcirth or genetic de-fects or miscarriages which they had: and d) with respect to each relative, identi-fy each medical practitioner and medical institution that treated them, and set forth the diagnosis. Resides with husband wife's name is Shiela S. Ewalt. One child, a daughter, 12, Tara Catherine, who also resides at home with her mother and father. Plaintiff has no brothers, and has two sisters. Susan arc Margaret Scanlon. Margaret is the oldest and married to Peter Forlano, Staff Sargent, U.S. Army, stationed at Ft. Dix. There are no other brothers and sisters. Parents, George and Eunice, reside at 733 Penn Pines Boulevard. Father. grand-tether and great gr and-father h f t all extended career soldiers. The health o-f parents and sisters is: good. Grandparents: -father's side: Charley Ewalt, born January 29, 337, died Jul v 15, 1958, years old. Father's mother's name is Her el Force Ewal t, born Juris 1, 1SS5. G i e d September 10, 182E. Mother's side; end-: ^ X !, - " u. 1 ._xX Ju3, * 2 w-1 . 77* vtr=>rr Mar gsr ei E.yr-.r. t 4X --CD.^--'*--; Pc-.F&stlT- t'.Wf-* u'CATiir 2A . r. a i'ffi 1& iire?* 0-z. d. ilcthsr's mother is Eunice ri either December 17 o>* 26, 8.l- at 72 years of age. F3 cini iff 's fat hr s g*"a.~o.-cthe' 1j .ed to be 87 and his `ether s crancJf ath-sr 1: .ed to be 89. F1a.ir,tiff 's father's qr anr-* ather had 7 brother s and sisters and they ail 1: rs; be-.-ond 50. Father i= Mai!-.insi~ Cit y, K-chiyan. Aunts and Jncles: Mother's sics. Plaintiff's mother had 7 brothers a.nd 5 sisters. Tvcbrothers are deceassd, 1 was hilled in the Korean War, the other had an industrial accident sometime in the 70's. Believes that one c-` his uncles has diabetes, the rest o-f them are in good health. Knows o-f no major illneses, i-f any. with the exception o-f one o-f his aunts on his mother's side who has developed leukemia in the past year. Her name is Ms-a>-et Johnson ar.d she lives in Norwood, F'A on Amosl and Fosd. With reference to nieces and nephews, has 3 nieces and 1 nephew. Their names are Michele Scanlon, 13, good health: Stephen Scanlon, approximately 7 or B years old, good health; Yolanda Forlano, approximate!y 12 years old, good health except for scoliosis last year end Alice Forlano, approximately 10 years old. No gr andchi 1*-er.-. I VETERAN'S MEDICAL HISTORY t j.3.O** H *I 9. State: a) the date* .of your birth; b; the name and address o-f the hospital- or other fasility where you were- torn, and the. name and address, o-f each attending physician o- other ned:cel practitioner ; and c) , each birth defect that you had and each medical complication cor-neeted with your birth ie.g., c-r5 -7.rt-.1re birth, breech birth, jaundice, -fetal aIroh ul ist*>. and each me-c.':.cel compi:r=t: on or Ith prc-Ll '. that vou mether had : c-cnnecti on -.* ! F'.-i.,.-:rT_ rf ,C-Uf tiri.!. .!.. tj i ! : : peri 00 j abo** . . ' 1 It u - s--U-*i tiu* . .-. !!>I_w*s._i_*AA.c.\h...* kne- ? w l1. -n c-irth cafec t s . ri_v.T?cr.%#* 1 A - r.c- other 1 0 . Ice--.:- > each 1 nj u**v. ill ness, di ssc.1:c > or other ph-s: cal or mente.' condition which yo. ha e ever had. w k5-.`5' tempo*'-ar. or pe-mar.snt, ar d staci- separatel y as to se;*-: a) each medical practitioner and/or medical institution J/'-N seer, or visited by you -for the purposes o- consul I tation, diagnosis, prognosis, rays, treatment or otre' care, specifying the dates o-f si 1 hoseitel :;at :on5 ; t-> the diagnosis c-r prognosis made by each medical pr&ctitioner and medical institution: and f c) the nature and extent o-f the care and treatment received in each medical :net ituti or. .a^d -from each medical practitioner. Dther than the conditions as enumerated in 11 in-fra, plainti-f-f sustained a broker left wrist at 10 years of sgs. Fitrgerald Mercy Hospital; length of disability guess sc at to 8 weeks. Right ear mastoid operation approximately 6 years old, Fitcgerald Mercy Hc-sc:tal. disability unknown, believes he was in the hospital -for 7. 1 appro:. 1 month. At age 10. because of continuing earaches, he was treated with radiation on right ear and removed skin that had grown over the s:sr tissue and no problems since then. He haci normal routine x-rays, for the auto accident o-f hie neck. '-ra>s of hie back in the V.A. Hospital when they tried a spinal tap, x-rays of his left knee. Add: 13one! 1 y , he brol.e le-ft wrist in the summer o-f 1933 when he -fell while playing so-ftball. He was x-rayed in Wilkes Be.rre Medical Cents- Hospital, Wilkes Barre, F'A and at Povborc-ugh Memorial Hospital in Philadelphia. Plantiff recalls the -first doctors is Br. Paul Keenan, Norwood. FA; D'*. Fatton, Alden, FA; Dr. Worklins' v, Alden, FA; Dr. Joan Huriock, Philadelphia, F'A at Ro-jfco**bug!. Medical Building. The right ear problem at c-C--C-:sc:.-=sed was handled r-.- Dr. McConnell in Pilgrim ce>-dens - FA. the cperati-ir- .-as at Fitzgerald Mercy Hospital end treatment also in Darby, PA. Dr-. Joan Hurloci i? more or less ar.d n;= been FT ai nti -f-f"s family doctor since 1at e r60rs or ea'ly 'TO's. Dr. Gec-ge M. Wilson, ds "e'-al surgeon, Fp.borough Memorial `-'ospital removed '.r-s skin growths in the head, right er.r. le-ft legs. La;: and throat. F1* r,\:?-f was referred tc- Dr. Wilson D - Dr. H. loci-. Recentl-) has been seen t-> Ronald Crdario, M.D. fc- M s Agent Orange p-cclens and has besr. seen by enume:* abl e coztoi-t at the V.A. Add: lions! 1>, Plaintiff his tonsils- out an age 4 or sc at Fitzgerald Me,_cy Hc-scital. Perhaps tr-c same physic: ar- that . did his es--. Piainti-f-f still has his append! x. C'ptha.mol ogi st, is Dr. Corozc, Ro borough Medical Building. Has been seen by Dr. Barbara F;ockett initially with the V.A., and her private practice at Philadelphia Institute. ^ 11. With respect to each injury. illness, disability, or other phyeical or mental condition identified in response to Interrogatory 10, identify each such condition that I you claim or believe was caused by or arose out of ' exposure to Agent Orange, 2,4-D. 2,4,5-T, dioxin or some l combination thereof, and state separately as to each: See #11 for Agent O-ange poisoning problems, a.' a description of each symptom; I c) the date and manner inwhich each such symptom first S manifested itself or was made known to you; and 1 0 1 'CO U 1-& i </i 8 H-ri severe stomach pains at base camp in Phuc-Vinh requiring reassignment -front combat arid treatment. Skin growths including a basa] ce]] carcinoma, shingles, chlorecne, elevated porpherin level. Numbness: in hands and feet, pains in joints. p*n; ns along the bach. muscle pains concentrated in hi s legs, but all through bc-dv; muscle spasms all through J>ody; pins and needles sensations in scalp, pains that -feel as if hot need] es are being inserteo in his. body. Severe react: ons to t-eer and alcohol; -fatigue, chest pains, peripheral ne-uropathy, eyes are sensitive to light: u.nristura] aging of rtfils; Nausea; Numbness on the le-ft side, o-f his jaw. High blood pressure, nervousness, depression, other associated mental problems, greater su; csp-ti bi 1 1 1 v hj d: sf.ass s , illnesses, and ange--, ' t s. insomnia. delayer stress syndrome; oeclme in p --s.:?] strsr th. j-f-iici.liv with memo-'- and re~.t.* at ;::n_ an. iet . bslio-es. the1. i!--e symptoms firsc became -.fie,_a:-d severs pains in the field, arid was in the. -field f toils and orowths on he s meci csti or, sat -forth the -following with respect to each: a ` the. brand name-, generic name, or "street name " of the drug; b-- the- date o-f use: c < the amount usee during each period o-f use; d> the name and address o-f the physician, i-f any, who prescribed the drug; e) a description o-f reasons fo*- your use o-f the drug? and f> whether you have1 ever received any medical treatment or counseling in connection with yc-ur use o-f drugs. Marijuana, de- edrine pills., taken in Vietnam, net before 9 yo ^ t or after. Tha de.iedri ne was handed out by the Army. In addition. PI ai r,tiff had prescribed for him a tranquiJirer in the 70's. It was prescribed by a physician w*-c substituted' -for his -family physician, Dr. Hurl oct. For appro."imate! y one year during I960 Plaintiff was on f^ardi] prescribed by V.fi. physicians. Additional drugs jnlcuded Tylenol for muscle pains, penicillin; viter.-in E12 -for shingles. The V.A. also prescribed a high regimer of vitamins including vitamin E and folic acid. Identi -f. e.:*h a!ir. cond tion Inai von have ever With rsspr.:t s-...eh; cond ti on: s. t att- i n a cs : z d v r : n o wb 3 c h 'c-u had. ano d e = c . - i h s f - . r. i * o i H ci fTieO 1 I_ct re ; e i . c m a c o n d i t i v Sr:C 5 ; ) 4t 1L it--r --: r. _ *r 'd aci d r e c o f t h e renee'.-9 the diagnosis or treatment; :;; i: i! the - =r= a-id add" ess of the medical inet ii. ic-',is) at which you were di agre ssr c" treated; the ci'.Si o-f the diagnosis or treatment; iv) and the effect of the treatment. The shin condition started in Vietnam and has continued sporadica.il} to the present time. It included pustules, boils, shingles. chi or acne- and other skin growths. Treatment includes lancing of t.he boils in Vietnam, continuing treatment in the United States, removal of boils, remcic.] of cysts, and surgical removal of the growths at P o .-it o - o u g h Memorial Hospital under George M. Wilson in 1975 o" 76, 1979 or 80, and 1981. Plaintiff presently has some growths on his left leg which will require surgical removal. In addition, Basal, cell carcinoma on the right side of the Plaintiff's head was removed by Dr. Wilson in 1975 or 1976. 14. If you have e v e r smoked cigarettes or otherwise used tobacco product: 10 ''S ci) identify each type of product ie.g., cigars, cigarettes, chewi ng tobac co : b) identify the time period dur ir.2 which \ou used that tobacco product; c) identify the amount usee. on a daily bsais ie.o. , pecks o-f ci oar et tes/da v>: and d : state whether any physician o** other nee.) h care professional has e--er advised you to stoo or reduce your use o-f cigarettes or ether tcLacco product a. and. 1 - so. si.ate the r.ir.*e errc acc!'-fc.ii C'-f tbit n:'v-i-- a"t or other fc* who-fr ne got out e the serviceear ] . t- '-'s resume d -lOkinc alrs e- affini! as bri or e. Dr. Cod ari sto 5:fTic-i i>y ciga-ettos. D? .. Once 0 -r. the late a.p;:re-?,imatley as acidised him lo. I* ,ot hi .-e s-.er consiimcd or drun- ai cchol , state seo-ar atel , i-ith respeot tc ea.ch type of alco-hol 'e.g., )iq-.-or. bear, w:ne. etc.) consumaci a. at what age consumpt ion bega.n: b) th amount and -frequency o-f.sue h consumpti ori; c) -f consumpti on ceased at any time. th reasons for sueh cessati on and th reasons fon any resuriction; and d) whether you were ever hospital!red or institutionalized -for alcohol use, or advised to limit or stop alcohol use, and, i-f so, state the na.me(s) o-f each such hospital or institution or medical practitioner who treated or advised you. PI anti-ft consumed before service in Vietnam. In Vietnam 12192he could drink a si -pack o-f beer. After Vietnam 11 con elirr:-tior. of beer caused the Plant iff to become ill and produced severe headaches. Advised to discontinue when on Nardi1. 16. If cn. insecticides <e.g., Chlordane, Lindane, DDT/, rodenti cidee <e.g., rat poison), insect repellents (e.g., I'EET) or other pest control compounds were ever used by you o'- others around your living or working quarters, state as to each: a- the brand name or generic name of the chemical; b 1 description cf the ch-eri-ical ie.g., powder, liquid, ' ;:;or. ame31; . i r t!ssc<j? I:c;. th-6 coritai nsr for the chemical .v-., shape, coio**, markings) s ' tns rr-fthod of app1*icat.i on; f tne p-1aw e it was applied; Lne fresiuancy of appl icatior.; and r.i whether you a per ienced any adverse reaction to the compound and., if so. describe the reaction. Plaintiff has never applied or knowingly used any chlordane, lindane. DDT. He has used Decon mousetraps in his house or several occasions. While in Vietnam insect repellent was used by Plaintiff infrequent 1v, found out it didn't work. He was also given insect repellent to rub on his hands and neck area, which was infrequentlv used. The cans were o.d., green cans about 6 - 8 inches tall, approximately 3 inches and looked like a shaving cream can. The rub-on repellant came in a clear plastic bottle about 2 inches, high, rounded rectangular shape- with black lettering.VI. VI. MILITAPY SERVICE 32 12 I 17. State with re-spect to /our military service: 'N a) the branch of the aimed ser vice s in which you Sir*"ec:; b> the inclusi ve dtes of your ser vi ce; C : the inclusi ve dates of ser ice in or near Vi etnem: d? the name- e;f each militar unit to which you were assigned while serving in or near V:-'.-?': arid the datas during which you t-e'E f.=:.}cried to each such units; = ihe r=-.r ar-d Iocat iori o-f each piece or area. a*. woi:.h vou were physically "*-esent in or Vis-Lnam and the c!e>.ta du'-ing which >ou i-ve preaerl ai each suc.1: place or area; * ' -i-..-: .mried; ?t e superviso*- officer's ame and rs_k K1,-.]= oear/in V: etnam. a* d the t pa o-f discharge \ou rectvsd Lir:*.ed Etvtes , 9.-'14/6= - 9,`17 E. February 17. & te- re:*'_:r'*v C- 196>S. First Ir.fr entry Division. Ce E. rjr=t Battalion, 26th In-fantr First Briosce. few months he was attached to headouarters o-f th :ni t . Hr- arr:\ec in Viet Nam on the 25th of February, Its-7 at I: C " i Hoa. Plaintiff's group staved at the replacement decot for" 4 or 7 davs the?- they were split into individual units and George's unit was sent to the First In-fantry Division at Dio--. After a wee! to a week and a. half Plantiff was sent to his unit at F'huc Vinh. He was "there -for appro::imate!y 3 to A weel s. Then he joined his unit in quan Lo: whe'e he remained in operationsin that area, i.e., the Iron Triangle, Loc Ninh, anloc, Lai Kai , Boi Loi Woods, Ph.u Loi. song Bai, Nue Boi Bia (English name Black Virgin Mountain) in Tayninh Province, F'huc Wai. Thereafter Geerge left Gua.n Loi and went to Kion than back tc the replacement center near Den Wai then to Ton Sen Nhut airport to Oakland, California. Captain Pederson; thereafter Captain Smith; First 12194 Lieutenant Smith. The E5 squad leader's name was Sr-gent Diac. The brigade commander was Lieutenant Colonel 13 L Al e- ar-de?- M. Haig, Jr. and therea-f ter Colonel Ho-r-fman. Hone--'al:1e discharge-. 13. W:th. respeci tc- each illness. injury, wound or other medical p** psychological condition experienced bv you during vc-ur ffil-ita.-y service in or near Vietnam, state: a ' tK: cate of your illness, injury, wound, or o t h e r medical or psychc-l ogi cel condition; 11.-, cc- :raes: '': creo; ciaoln - ra- :-rn co-rf c-f the- illfiDSE. injury, wour;d, c-r pi1>1chf.:2n:c-tcio*c.a=l: condition, ir.ci-Cl r-g C i the. illness. i n j u r y , wound, or ether P e>y c h o i o g i c a.3 c endi t : o n ; tnt- -.v.-- and rrf|. Q-f t:>f- per sort to whOfl> you -first r e t : * d ths illness, in i v y . wound, o r other medical & p=rhe:igical conditio; in' anyone': ace :r:r.t yon -first reported the illness. injur>, . o ofhe- r&-,chc-logical or medicel condition; f the rank e.r-d location o-f each physician c-- health ca e professional who treated vo.r illness, injury, wc-und, or other psychological c-r mdical condition, including the dates and places o-f treatment, and a description o-f the treatment vc-u rececve-o: and g> the *-.sr-e ?nd location c-f each hospital or other health care -facility which treated your psycho! ocicai or medical condition, the- dates o-f treatment, and a description o-f the treatment that you received. The stomach problem arose in approximately October o-f 1967 and the skin problems were seen monsoon season in Vietnam around mid-summer o-f 1967. While Planti-f-f was at an L.P. position outside his perimeter and he was struck in the lip b. a bullet. This went unreported and no purple heart was recei\ed. F1 ai nti-f-f 's stomach and skin problems have been describee. FT a: r,ti-f-f was first treated at Auan Loi and then w5 = sent tc Fr.uc Vinh. 14 19. Describe an' other medication taken by you during your military service <a.g., Dspsone. Chloroquine, Primaquine, Binoctal), stating as to each: a) the brand r?(?.& or generic name o-f the medication: b) the -form e* the medication (s.g.. pill, capsule, injection, etc.); c) tht col or. shape, and sire o-f any pill or capsule taker; d> the reason -for talking the medication; i- the rlamr arc rani: o-f the- person's' who gave issc. ration: f tii'- dates ov too; the medication; : the umo. -*. the medic at ic.n ts.i en (e.g., pills cay); and r. whether \r. e oer ienced a n y adverse reaction to the medic at jo- a-r. i-f so. describe the reaction. Flamlj-r-f to:. ar c.-range pill week!. and a white more :ften f c c t i i er a-- dv the medics. rlainti-f-f had r.o savers react:un to e: tfc-e>*. Was t&i-en t-v Plainti-f-f during the entire time he wfs in Vi et r-am. /~N State whether. you ere r received any training, instructions, warnings o r health and sa-fety in-formati on concerri ng herbi ci des. during your -military service, and identi-fy as tc each: a) the dates you received the -foregoing; b> the location where received; c) the name and rank o-f the person (s) -from who it was received; d? the substance o-f any oral in-formation received and 1 15 3. e> the title, date, author or. source, and content o-f anv written material received. No 1. Set -forth with respect to each time you. claim to have been exposed i: herbicies: a) the- date o the alleged herbicide exposure; ' b: the tire c* ca- c-f the. alleged e:-.pc sure; c ' the :1ixL-r- geog:*aphj cai or political re-fere*-ce point hill, tow-, landing zone/ to the pl-i.'t- yc*.- tsr.=ieve you were exposed: d ' a dei.cri r 1 " ~O' o-f the te*~rin at the pi ace o-f al Isged fr'W[ V"!.: e) : CltEC' jp*:", o-f' how the herbicide was being appl ie-x '-g., helicopter, aircraft , hand, etc.); f) a descri ct:.-r o-f you' activities at the time o-f al 1e jed e c =ur 9> the manner VOJ fcel ievs '/our body wa 5 physically exposed tc the herbicide ie.g., sfin contact, inhalation, ingestion or swallowing), and, i-f you b=1 ie. -r- you were exposed by contact on your ., skin, ide-nti-fv the areas o-f skin that cams in contact with the herbicid; i I h) the name ard rank o-f other people present at the time o-f alleged exposure? and i) with respect to any deceased proposed repre- r._ sentative plainti-f-f, state how such plainti-f-f yc;.. will demonstrate any o-f the in-formation . requested in subparts a> through h) c-f this . interrogatory, identi-fying any persons with such ;/y-. in-formation who will testi-fy as to such pi ainti-f-f** exposure to herbicides. 12197 Is Plaintiff was- subjected to herbicide exposure the entire time he- was in Vietnam. Specific cates and times are presently unavailable, e.cept as to a spraying mission which was condurte-d at F'huc V:nh, Kerch 7, 3=='~. Plaintiff was corsi si enti y and repeatedly in perimeter areas that had odiously been recently detonated ,,and he repeated! ; saw the Vietnamese civilian army employees spray around mess he.] Is. barrette, tents and hootches. Additionally, "thunder" bases and highway 13 were defoliated for 1 00 meters on each s: s-. In mid-1967, Plaintiff's bated lion went to Lai fai. After helicopter drop off in 7a.v Ninh Province, his battali on marched through jungle to destination hilltop. Plaintiff recalls / this these areas had oi:v substance on freshly dying t...ett: TdTt !ro-so;!:?-.raticgi a]c-Wsaiy:'.`- 1r:Srio:'.Cfc:- i III M ore a 6*i '' D =at5 Z c*T t !: cula.rl. clos PhuP-Oi r-t other tha c Vinh and G: - t" = O i t O t l O 1 \: p*1riHa_tc_tt: teso:r rMa.i- rg; ir.c1 he! lr .r-:t! r.-ober jungle. p1 ant at 1CK ior-s geographical or jungle arid the ci and the Iron 1 ends ; rice c pc sure wa. trireugh sl.in conta-:-. ingestion and .:nha.l at: c-n. C f 'ei- people prs sent in giudeo Bob 'voter, Ef>; Staff Sergeant Di a.r: L: euterant Smith; Colerei Haig: Colonel Hoff man; Captai n Ped e*-son : Captain En: th ; en umer ab 1e otter soldier's na mes presenti y uri!.no>-.r,. ONLY IF YOU CONTEND THAT ANY' OF YOUR CHILDREN HAS A EIRTH DEFECT CAUSED EY YOUR EXF-^SUPE TO AGENT ORANGE, 2,4-D, m 2 ,4 ,D-T. DIOVIN OR SOME COMBINATION THEREOF, ANSWER THE FOLLOWING INTERROGATORIES. 22. Identify the children that you have fathered, including name, date and place of birth of each such child, and the name and address of each child's mot he*-. Tara Catherine Ewalt, 8/27/71, Roxboro-gh Memorial Hospital, Philadelphia. Mother Shiela Ewalt. All reside together. 12198 1-7 hasIdentify- each of your children whom vou contend or exposurege-etic defects allegedly caused by your someAccent Drango. 2.4-D. 2.4.C-- 7, dio:.in or birth to other combi r.etion thereof. and ident i-Tv: a) ths Dirtri or genetic de-'erts which you contend were caused by you- e :p-oaure to Agent Grange. 2.4-D, 2,".C-T, die in. or some combi net ior. thereof, and stats the basis -for your belief, including opinions of an-, physicians; b- s.r'. o i L * ."i.t: o: genetic defects which the child ' e. l e a l p - r e c t i t i c * = " a n o n . o d i c a l i n s t i t u t i ori 5fr= r- c or f v is ite d i n e e f o- b t ha p .r p o s c s. -X i o: d f or in wni cn t h e c h i ld consul tat ion, diagnosis, 11Z j s . t ' s-f i m e r t : :t a n d - i s u l t C- ro_--' c t h e * - Cl CT" *. c**" c t h e - d a t e s . E, -c 1. Cu-- t 5 t i o n , d i e.gr . u s i s . , Z:p 1* C . '. " f-: t r i e r t C-i c a r e ; arid d > iL Ct: t : t *.:t* In.'. of each, lid. T p i C"fc = . * ; I no-.--: defect? . rcl ude c-sr problems requiring scr:":-. tl . fo_r five innc-; ea- operations, rasnes. cy 1o,_icstenosi s at birth which -equired close- attention during first three wee ; cf life. Ts-.per evidenced by personality changes requiring p= .chi.-iogi cel counseling. Lhe was h ,per-active, and a l t h o u g h she- has the intelligence of a gifted child. she doe; not wo-k close to her ability. She is easily distracted and has a rash on her ankles, wrists and hands. loCfS liie dried si in which sometimes breaks open, flares up and becomes infected. The skin around her ankles is leathery. Whenever she becomes sickly. which is often, she complains of joint pain. It Physicians include Dr. Consuelo Saulka, Pennsylvania Medical College, Henry Avenue, Philadelphia -- delivered Ta-a. The pediatrician was Dr. Jean Galwin, who is presently retired. Dr. Joan Hu*-lock. Dr. Sabina, West Park Hospital. 3900 block Conshohocken Avenue. Philadelphia. PA 19131. Her .al 1ergist is D-. Jeffrey Green, Children's Hospital, Philadelphia. Present pediatrician - Dr. Carolyn Verier. Children's Hospital, Dr. Paul H o m g for skin J! li probi en,t et C-ii idrer:'e . Latest shin doctor is Dr. K.olfc16T,rer , S|:r uC6 Street, F'hi1adel phi e. Dr. Cor or e talee cere of her e\e problems - Fio.:borough Medical Center. psychologist is Dr. Annette Lynch. School house Lane, Fili 1ade 1p-tiaa . Her Iderti-f, each ani every ch:2d o-f each mother identi t*ied in response to Ini err c-gatcr\ ZI and state as to each: a- +.*? ;.:!j'5 re,'C, a-dd*'es = date o-f birth and pia o*` i :rt\ . ir:! i*d: r.o th=- ra-*.* arid address o-f the ci.Ke> ri aca i-r_e deli ver -, oc cur *c : s c- +> .-;ted t -,a- mother durine o or del: ara: the child. i1.';th rs=os 1 1 4_-, .---H. ir-ct " ::nt if ied in re^s::-sc tc Ints-To: ?*or - rr d -. jct 1: / her brothers. sisters. payants. ere -cps-ents. . c r"L.. urcle-s, cousins. risces . nephews, a.r-d ill c.-rGCf*1-Jdre-, c*.r:d r a? i-f any cr th~-- a:-e dt-C* state his or her ags a: thit. tiT-f C.*r death and the time.- place and cause- o-f g 5t?.; b) id-ntifr each illness. disease, disability, or medical conch 11 on ever had by each during his or her lifetime which required pr o-fessi onal medical att ent ior,; c) identify each medical practitioner and medical institution that treated them, and set forth the diagnosis o-f each, stating the same as to each relative. Previously answered. See #8 supra. 12200 With rsaperci to each p>-egan anc y, -for each mother icetili -fied )( response tc? Ir,ierrcC)?.tory 23(d), state: O ) whether the mother w:-s e-.posed to or contracted an> viral or t-arte** if] iniect:c-;- or disease during o*" shortly be-fore U-t pre-g-nani: > .e.g., German measles, flu, etc.) anc :i so. idt-rihf.- the irefection or illness, the pe-'iod dur ing which it occurred, ar.c any med j cal:o-1 or tr ealfi.eTit q: ven therefor; w**ethe r the m-iher iniurred any- injury during i." yr.: -c . 3- so. describe the injury, the . i- - - c l - " i t a : r. . . a .!, a n . e a* n : n g o r t r e a t i n g '. 3:c-1 .t. nh at wh ich tre. i- .-hetha " 1 H Cl t ' t.-i- o,r1*hrC:>a`tr53rrI..'ri..i"''t.t<l1"o*=jntl.rTe:r:J' a.hodtiradwscht-iraacenshaye whet her d: ac* r-s1 1 c pr `.:adi,rss . including, but >--zt 1ir<*.ted to. SLdc-ff.ir.al v.-r*.s o>* pelvimetry, Sr.:>r-.ioc sr-1s=;s. and'o>' el t-asound were used, and. ie :, set ~e- c* -.hi-, c.-te o--: the procedure, dsscrita tf-e pr ocer _" . *I-a e am an: r>c or treating phy&i ci aand any inEt3 tut:one at which the procedure occur red i r.-z- whethe1* ah. medical problems o: compl i'catione arose during p^ac" rr-::< (e.g., to.emje. , and, if so, describe the pr obi e.-.. c-*` cc-f-ip 1 ;cat ior.s and the treatment received. Fos.sitilit- c- ar. early miscarriage at the Women's Medical College in 1970 and 1971. Diagnosis not confirmed. Fiair.tiff's do not believe that the mother was e.'.1posed to c-r contracted any viral bacteria, infection or disease during or shortly before the pregnancy. Answer Int err ogeior ies 12 , 14, 15, and 1 * J L 2 - 2 0 1 re-sptct to each mother Interi caticry 23(d). .itm ident; (itd in response Wot dpp.'i cab) e. to 23. Fo'- each mol tier ident ifiEli in response to Interrogatory 22 identify each and every pregnancy not resulting in a live L.'rth. and slc-te- wit hi respect to each: wl ifL h e r t h e r e w a r fT:js c a r r ia g e and/or u p o n t I t.our. a b o r t i ori , arid, if s o , state the d a t e t 11u du-i. e 1 i b o the reason (c.r the Hi j ; *. c l J f i F-* c* MO i.r sue-lit e t n e - o u s a b o r t i o n and ident i-fv any examining c-r treating physicians, and any institutions at which it occurred; b> if the response to a) above is affirmative, state whether you contend that such miscarriage and spontaneous abortion was caused by your exposure to Agent Orange, 2,4-P, 2,4,5-T, dioxin, or some combination thereof; c) whether there was a voluntary or therapeutic abortion, and, if so, state the date and describe the reason for the voluntary or therapeutic abortion, and identify any examining or treating physicians, and any institutions at which the abortion occurred; and ci) if the response to c) above is affirmative, state whether you contend that such voluntary or therapeutic abortion was. caused or necessitated by your exposure to Agent Orange, 2,4-D, 2,4,5--T, dioxin, or some combination thereof. Dated: Carle Place, New York January 14, 1984 PLAINTIFFS* MANAGEMENT COMMITTEE DEAN, FALANGA & ROSE, ESQS. One Old Country Road Carle Place, New York 11514 fCICl 0 4 0 - 0 0 0 0 Defendants' interrogatories to Plaintiffs dated December 22, 1983 and Plaintiffs' answers thereto dated January 16,1984 12203 Defendants' Interrogatory 1. Separately as to each person identified as required by Paragraph "1" of Pretrial Order No. 65, specify each illness or injury you contend was caused to him or her by exposure to Agent Orange and the date of onset of each such illness or injury. Plaintiffs' Response 1. See answers to interrogatories filed as to each plaintiff on January 16, 1984. 12204 Defendants' Interrogatory 2. Separately as to each person referred to in Interrogatory 1 and each illness or injury specified in your answer to that interrogatory: (a) specify each component, ingredient or impurity of Agent Orange you contend caused or contributed to each such illness or injury; Plaintiffs' Response 2. (a) 2,3,7,8 tetrachlorodibenzo-p-dioxin (TCDD), dichlorophenoxyacetic acid (2,4-D), trichlorophenoxyacetic acid and tetrachlorodibenzofuran (2,3,7,8-TCDF) and all other isomers of polychlorinated dibenzo-p-dioxin, of which TCDD appears to be the most hazardous. These chemical compositions are all hereinafter referred to as "material". -2- . Ac '>../'i.ii .1 - Defendants' Interrogatory 2. (b) State all facts as to the amount, manner, type and dates of exposures to Agent Orange, any component, ingredient or impurity of Agent Orange or any other substance you contend caused or contributed to each such illness or injury; Plaintiffs' Response 2. (b) Such facts as are known concerning his exposure by each plaintiff have been set forth in their answers to interrogatories filed as to each plaintiff on January 16, 1984. 12206 -3- Defendants' Interrogatory 2. (c) State all facts as to the amounts and routes of absorption and manner and rates of elimination of Agent Orange or any component, ingredient or impurity of Agent Orange or of any other substance you contend caused or contributed to each such illness or injury; Plaintiffs' Response 2. (c) No plaintiff has sufficient knowledge as to the amount of material which be absorbed, or the routes and manner of its absorption. Suffice it to say that each plaintiff absorbed sufficient material to produce his illness or injury, or to produce the untoward side-effects it did in his children. The plaintiffs like-wise have no information as to how much material was eliminated from their systems or what amount still remains therein. -4- f t* i r*> r \ t* t .4 '/ Defendants' Interrogatory 2. (d) Fully describe each scientific theory upon which you base your contention that exposure to each component, ingredient or impurity of Agent Orange caused or contributed to each such illness or injury; Plaintiffs' Response 2. (d) These theories will be a matter of presentation in the expert witness statements to be filed by the plaintiffs on January 23, 1984. 12208 -5- Defendants' Interrogatory 2. (e) State all facts as to the medical, military and occupational history of each such person. Plaintiffs' Response 2. (e) The pertinent facts are that each veteran plaintiff was physically present in South Viet Nam and was exposed to the material in some amount through any or all of several methods. The medical history of each person is available through the medical records of each plaintiff which are being produced as rapidly as they become available and which plaintiffs have authorized the defendants to obtain. To the best of the knowledge of each veteran plaintiff, no occupational history is relevant because there was no known exposure to the material by any verteran plaintiff other than in South Viet Nam. 12209 -6- Defendants' Interrogatory 3. Do you intend to support your claims as to the persons referred to in Interrogatory 1 with evidence that exposure to Agent Orange caused any illnesses or injuries other than those illnesses or injuries specified in your answer to Interrogatory 1? If so: (a) specify each such other illness or injury; Plaintiffs' Response 3. (a) Chloracne; porphyria cutanea tarda; hyperpigmentation; hyperkeratosis; hirsutism; asthenia; weakness in low expremities; loss of strength; easy fatigability; fatigue; headaches; peripheral neurophathy; polyneuropathy; intolerance to cold; other neurological deficits; irritation to eyes; impairment of sight; impairment of hearing; impairment of smell; impairment of taste; loss of weight; loss of appetite; anorexia; loss of sexual drive; sleep disturbances; orthostatic hypotension; abdominal pain; nausea; vomiting; diarrhea; other gastrointestinal disorders; nerasthenia; depression; violent behavior; other psychobehavioral disorders; myocardial infarction; atherosclerosis; other cardiovascular disorders; liver damage; pancreatic dysfunction; kidney disorders; urinary tract disorders; pulmonary pathologies; other respiratory disorders; 122.10 -7- fat metabolism disorders; carbohydrate metabolism disorders; cholangiocarcinoma; other liver cancers; kidney cancer; bladder cancer; pancreatic cancer; colon cancer; stomach cancer; other gastrointestinal cancers; lung cancer; fibrosarcoma; leiomyosarcoma; liposarcoma; rhabomyosarcoma; myofibrosarcoma; neurofibrosarcoma; fibrous histiocytoma; retroperitoneal neurogenic sarcoma; fibr'sarcomatous mesothelioma; other soft-tissue sarcomas; leukemia; angiosarcoma; other blood cancers; hepatoma; lymphoma; squamous cell carcinoma of skin; other skin cancers; thyroid cancer; other glandular cancers; cancer of tongue; cancer of hard palate; other cancers of mouth, chronic lympphocytic leukemia; various brain cancers; ischemic heart disease; lung fibrosis; loss of body weight; loss of lymphoid tissue; loss of thymus tissue; sensitivity to infections; immune system disturbancees; brain cancer; multiple sclerosis; testicular cancer; DNA disturbances; RNA disturbances; skin eruptions and cysts; slowing of nerve impulses; hypertension; elevated blood lipid levels; elevated cholesterol levels; prediabetic and diabetic states; abnormal cell proliferations; organ enlargements; cellular atrophy; decreased cell proliferation; birth defects in offspring; miscarriages; increased white blood cell counts; elevation of eosinophil; decrease in IgM and IgD; decrease in B-cell and T-cell capabilities; skin rash; scalp tumors; aching muscles; blepharo-conjunctivitis; porphyria. This list is not meant to be total or exclusive. 1221 -8- Defendants' Interrogatory 3. (b) Fully describe each scientific theory upon which you base your contention that the occurrences of the injuries specified in answer to Interrogatory 3(a) support your claims as to the persons referred to in Interrogatory 1. Plaintiffs' Response 3. (b) See answer to 1(d) 1 2 2 1 ,Oo -9- Defendants' Interrogatory 4. Separately as to each illness or injury specified in your answers to Interrogatories 1 and 3(a): (a) State the minimum amount of a single exposure to and the minimum amount of a single absorption of each component, ingredient or impurity of Agent Orange you contend causes or contributes to such illness or injury; Plaintiffs' Response 4. (a) This question cannot be answered because it contains an invalid assumption that the amount of the material which produced the harm in any given case was the result of a single exposure and a single absorption. Each plaintiff contends that the totality of the material and/or any part thereof to which he was exposed and which he absorbed was what caused the harm he experienced. -10- Defendants' Interrogatory 4. (b) State the minimum amount and minimum number of multiple exposures to and the minimum amount and minimum number of multiple absorptions of each such component, ingredient or impurity you contend causes or conributes to such illness or injury; Plaintiffs' Response 4. (b) This question cannot be answered because it asks for data which has never been satisfactorily investigated, since there has been no true epidemiologic study in humans to determine whether there is a no-effect level for the material. Given the fact that the material appears to bio-accumulate in humans, minimum levels for exposure as to amount or times cannot be given with precision, nor need they be. The same is true with absorptions. Obviously, each plaintiff contends that the total exposure and/or any part thereof he had to the material in South Viet Nam was responsible for the harm caused him. -11- 1 99 % V, Defendants' Interrogatory 4. (c) State what you contend is the minimum time interval between exposure to each component, ingredient or impurity of Agent Orange and the onset of such illness or injury; Plaintiffs' Response 4. (c) This question cannot be answered as phrased, since it asks a medical question in a legal context. The answer will vary depending upon whether the question asks for the first cellular or pathologic illness or injury, or the first diagnosable illness or injury, or the first symptomatic illness or injury of which the individual is aware. If defendants will define what sort of latency period they are referring to, plaintiffs will endeavor to give a more specific response. In any event, such information can be obtained and clarified in the depositions of plaintiffs' experts which will be taken. 1221 Defendants' Interrogatory 4. (d) Fully describe each scientific theory upon which you base your contention that exposure to each component, ingredient or impurity of Agent Orange causes or contributes to each such illness or injury. Plaintiffs' Response 4. (d) See answer to 2(d). -13- 1 Defendants1 Interrogatory 10. Do you intend to support your claims as to the persons referred to in Interrogatory 1 with evidence that any persons sustained illnesses or injuries by exposure to substances other than Agent Orange? If so: (a) identify each such person; (b) specify each injury or illness you contend he or she sustained and the date of its onset; (c) specify each substance you contend caused each such illness or injury; (d) state all facts as to the amount, manner, type and dates of exposure of each such person to each such substance; (e) state all facts as to the amounts and routes of absorption and manner and rates of elimination of each such substance by each such person; (f) state all facts as to the medical, occupational and (if applicable) military history of each such person; (g) state what you contend is the minimum time interval between exposure to each such substance and the onset of each such illness or injury; (h) fully describe each scientific theory upon which you base your contentions that exposure to each such substance caused each such illness or injury; (i) fully describe each scientific theory upon which you base your contentions that the occurrences of the illnesses or injuries specified in answer to Interrogatory 10(b) support your claims as to the persons referred to in Interrogatory 1. Plaintiffs' Response 10. (a)-(i) The persons who may be referred to by expert witnesses are again generally part of statistical accumulations of cases and incidents. Plaintiffs simply do not have access to revelant individualizing data. The specific other substances will be set out in the expert witness summaries and by the expert witnesses in their depositions, but include at a minimum all the materials set forth in response to Interrogatory 2(a) above as well as other substances which are chemically and/or structually related thereto and/or produce the same sort of results. -26- ff-/O*O O Defendants' Interrogatory 11. Have you determined that any person referred to in Interrogatory 1 or identified in response to Interrogatories 5(b) or 7 was exposed to Agent Orange manufactured by a particular manufacturer? If so, identify each such person and the manufacturer to whose product you have determined he or she has been exposed, and state all the facts upon which that determination was made. Plaintiffs' Response 11. Nn such determination has been made. -27- 12219 Defendants' Interrogatory 12. State whether plaintiffs contend that the prevalence rate of any illness identified in response to Interrogatories 1 or 3(a) is greater in persons exposed to Agent Orange than in other persons. If so, set forth: (a) a complete description of the population you contend was exposed to Agent Orange; (b) a complete description of the population against which you compare persons exposed to Agent Orange; (c) the increase in the prevalence of the illness in the population identified in (a) above that in the population identified in (b) which you contend resulted from exposure to Agent Orange; (d) the facts upon which you base your response to this interrogatory and the method by which you reached your conclusion. Plaintiffs' Response 12. (a)-(d) Obviously plaintiffs do contend that there is a higher incidence of the stated illnesses in persons exposed to the material than in the general population. General references will be made in the expert witness summaries and any specifics will be furnished in their depositions in response to appropriate questions. Defendants' Interrogatory 13. State whether plaintiffs, or any persons acting on their behalf or at their request, have performed or are in the process of performing any tests, experiments, studies or analyses of any description that support plaintiffs' position or contentions or which they intend to introduce at trial. If so, for each such test, experiment, study or analysis: (a) fully describe it and its results; (b) identify the substance involved, if any, the source from which it was obtained and when it was obtained; (c) identify each person participating in the test, experiment, study or analysis and state the nature of his or her participation; (d) identify all documents referring or relating to or resulting from the test, experiment, study or analysis. Plaintiffs' Response 13. (a)-(d) No such are contemplated. 12221 -29- Defendants' Interrogatory Plaintiffs' Response 14-16. No questions so numbered. 12222 -30- Defendants' Interrogatory 17. Identify each test, experiment, study or analysis not identified in answer to the preceding interrogatories which you contend supports any fact or contention stated in your answer to any of the preceding interrogatories and specify the fact or contention which the study or analysis supports. Plaintiffs' Response 17. See second sentence to response to 12(a)-(d). 12223 -31- Defendants' Interrogatory 18. Except to the extent identified in answer to one of th preceding interrogatories, identify all documents that support your answers to tin-? preceding interrogatories, that contain information requested by the preceding interrogatories or that you used or consulted in answering the preceding interrogatories. As to each such document, specify the interrogatory to which pertains. Plaintiffs' Response 18. Any relevant and appropriate documents as support the preceding answers, to the extent they are not part of general scientific and/or medical literature or publicly available reports will be identified by plaintiffs' experts in response to appropriate questions at their depositions. 12224 -32- Defendants' Interrogatory 19. Identify each person you intend to call as a trial witness to give evidence other than expert opinion as to any of the facts or contentions stated in your answers to these interrogatories. As to each such person: (a) state the substance of his or her testimony; Plaintiffs' Response 19. (a) To be supplied in expert witness summaries. 12225 -33- Defendants' Interrogatory 19. (b) identify each document you anticipate will be referred to in his or her testimomy. (The court directed that the information sought in Interrogatory number 19 be provided in connection with the Special Master's planned exchange of witness lists. Special Master's planned exchanges of witness lists. See T r . of December 12, 1983 at 24-26). Plaintiffs' Response 19. (b) See answer to 18. 12226 -34- **1 eastern district court jct of n e w vork MICHAEL F. RYAN and MAURFF.N RYAN, his |S spouse, individually and as parents 5 and next friends of their child, KERRY $ RYAN, a minor; CHAP.LOTTF BLACKMON, as surviving spouse and as the personal $ representative of ORVILLE B. BLACKMON, deceased, individually and as mother and next friend of their children, 5 REBECCA BLACKMON, BRENT BLACKMON, S VALERIE BLACKMON and KAREN BLACKMON; $ CAROLYN CHAMPION, as surviving spouse and as the personal representative of THOMAS B. CHAMPION, deceased, individually and as mother ar.d next friend of their children, THOMAS B. CHAMPION, J R . , JOY CHAMPION and <3 DFDRICK CHAMPION; GEORGE EGA! T and C SHF.ILA EWALT, his spouse, individually $ and as parents and next friends of their child, TERA CATHERINE EWALT; DAVID G. LAMBIOTTE; CAROL QUINN, as 3 surviving spouse and as the personal $ representative of BRIAN T. OUINN, S deceased, individually and as mother 5 and next friend of their child, KEVIN S QUINN; DAN G. JORDAN and DONNA JORDAN, <3 his spouse, individually and as parents and next friends of their S children, CHAD JORDAN and MICHAEL |S JORDAN; EARLY ROBINSON and SHEILA ANN S ROBINSON, his spouse, individually and as parents and next friends of $ S their child, MICHAEL ANTHONY POBINSON; $ WILLIAM SINGLEY and DIANE SINGLEY, his $ spouse, individually and as. the- sur- viving parents of their child, WILLIAM; s and STEVE ZARDIS; <3 S on behalf of themselves and all others 5 s irni1arly situa ted , Plaintiffs |S -v- S 15 now CHEMICAL- COM; A W , a Delaware cor- <3 poraticn; MONSANTOTORPC FATI CM, a 5 DOCKET NO. 79 C 7*7 1 0 0-97 1 fit> A d a Ik 3awart ccrprra; i f : L : ;*F . ]NC0RP0RA7ED, a Pol awnm c n ic ratirr,; T-H AGRICULTURE f. K :T ]C"- ffV`p/.i:y , INC., a Delaware corporation: DIAMOND SHAMROCK CORPORATION, a Delaware corporation; UNIFOYAL, INC., a New Jersey corporation; THOMPSON CHEMICAL CORPORATION, a Missouri corporation, and THE UNITED STATES OF AMERICA, Defendants. t <5 $ $ $ RESPONSE TO THF COURT CONCERNING EXPERT WITNESSES COME NOV.' the Plaintiffs in the above entitled and nurr.bere cause and in response to the order of the Court to furnish a list c expert witnesses by the 23rd day of January, 1984, would respect fully show the Court: I. The expert witnesses concerning general causation are beim furnished under separate cover by the Honorable Tom Henderson, o m of the Members of the Plaintiffs Management Committee. The Court should receive the list cf those experts, together with initial sum maries, under such separate cover. II. Kith respect to the ether expert witnesses, ycur Plaintiffs would show that time and circumstances has made it impossible tc finalize the designation cf those witnesses and to obtain summaries. 12223 Howt vc r , you: !1 i 1s , since- the Court decided in Si-f tcr L-c r tc set the ceri Ir: t:::.l cn ell aspects of the case, hav*. proceeded with due diligence to make arrangments for the designation of such experts, in the categories hereinafter listed, and to have them pre pare initial summaries. We hope to be able to conclude our efforts in that regard within the next few days. As the Court knows, our time and attention has presently been occupied with the more pres sing matters of designating the Plaintiffs, obtaining the necessary information in order to finalize a designation of Plaintiffs, final izing the general causation witnesses and other matters to which the Court seems tc have given more priority. Therefore, we respect fully request the Ccurt that we be permitted at lh:s t im.e tc indicate to the Defendants the various areas of concern relative to which we will probably be designating expert witnesses and to permit us a few additional days in which to actually designate those witnesses and come forward with preliminary reports. III. The arc-as of concern relative to which we will in all pro bability be designating expert witnesses are as follows: 1. Economist - tc testify concerning economic loss with respect to the various Plaintiffs. 2. Clinical Psychol cist - to testify with respect to the mental anguish, intangible loss, and psychological ef fects cc nee rr:ino tc the various Plaintiffs. 12229 F-c-icty Engineer - to testily with ticard to proper safety precautions and types of warnings that woulc have been proper under the circumstances of this case and other aspects relative to safety. Industrial Hygenist - to testify as to safety aspects of production, distribution and dissemination of such pre ducts in general and the kinds of protection that could have been afforded persons on the ground who were ex posed to the spraying of the Agent Orange. Human Factor Engineer - this expert will testify with regard to those kind of things that should have bee:, forseen and/or anticipated by the Defendants in the manufacturing of their product, as to hew it would be used, as to any forseeable misuse, and the other human factor considerations that contribute to the equation of safe or unsafe practices. A team composed of a mechanical engineer, chemist, a botanist, a toxicologist and a chemical engineer tc lay out various alternative means of producing a herbicide tc accomplish the coal which the government sought, that is the defoliation in Vietnam,, without the risk of harm, and danger posed by the manufacture and sale of the product sold by the Defendants. This team will in all probability work together tc core ut 12230 v.'ith not cn]y a] trrna t ivc r'.-ur.i. oi defoliation but alternative ways of processing in a safer manner the products specified. 7. An expert on governmental authority, lines of authority and responsibilities. This person will testify with, respect to various executive orders, statutes, direc tives, regulations, and practices of the various go vernment agencies, which relate to the lines of auth ority and as to who had the ultimate legal authority to make decisions with regard to the use and continued use of Agent Orange in Vietnam and with regard to whe had authority to negotiate specifications. 8. Statistician - to provide us with various statistics with regard to exposures, number of veterans serving in Vietnam, and other statistics relavant to the var ious factors of the case. 9. A expert on exposure - to utilize the Erbst tapes and maps, and other information from the government and put together a profile of what amount of chemicals was sprayed where, at what times and on what occasions - that is to provide the jury and the Court with an organized summary of exposure opportunities. 1C. Financial analyst. To testify, concerning punitive 12231damages, about the profits rrade by the Defendants cf f the sale of thi Agent ri oiinc to the government end to provide other f inancial analyser a: may be relevant. 11. All inedical doctors who may have treated any of the Plaintiffs. It is our understanding that Hr. Henderson will be providing summaries of medical records which will indicate the hinds of treatment and opinions of the various treating doctors. However, to the extent that those are not sufficient we will be specifying in more detail those treating doctors we plan to call as witnesses and providing any further summaries that may be required by the Court in that regard. 12. Employees, past and present, of the Defendants and the Government, who may be able to testify about any of the above matters. IV. Plaintiffs recognize their responsibility to provide these names and summaries as soon as possible. Plaintiffs assure the Court that they will be provided in sufficient time for the Defendants to take the depositions of these various experts and to obtain counter experts of their own if it is their desire tc cc sc. Flaintiffs would show that no prejudice will be sustained by either party to allow an additional reasonable time in which to provide the na_m.es of these expert witnesses and summaries in regard thereto. 12232 WHEREFORE-, Plaintiiii ui c*. the- Court to grant such exte s ion of time-. Respectfully submitted, PLAINTIFFS MANAGEMENT COMMITTEE Stephen J. Schlegel, Esq. SCHLEGEL i TRAFELFT One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Thomas Henderson, Esq. BASKIN fc SEARS Frick Building - 10th Floor Pittsburgh, Pennsylvania 15219 Phillip E. Brown, Esq. HOBERG, FINGER, BROWN, COX b MOLLIGA 703 Market Street, 18th Floor Sar. Francisco, California 941C David Dean, Esq. DEAN AND FALANGA One Old Country Road Carle Place, New York 11514 Stanley Chesley, Esq. WAITE, SCHNIDER, BAYLEFF b CHESLEY 1318 Central Trust Tower Cincinnati, Ohio 45202 H. R. Peterson, Esq. GREITZER b LOCKS 1500 Walnut Street, 22nd Philidelphia, Pennsylvania Floo 1910 John O'Quinn, Esq. O'OUINN, KAGANS b WETTMAN 3200 Texas Commerce Tower Houston, Texas 77002 Newton B. Schwartz, Esq. NEWTON B. SCHWARTZ, P.C. 723 Main, Suite 325 12233Houston, Texas 7700? Nr.lev. N.ussj ewhi it , L?q. l m : orners of bektoj; musslewhitf, inc. 609 Fannin, Suite 517 Houston, Texas 77002 Benton Musslewhite -8- CFP71 F] C'ATF CF SERVICE I hereby" certify* that a true and correct conv - -i j o~ f- fw .hi c foregoing pleading was forwarded, via Courier, on this the 21st day of January, 1984, to the following: Horton B. Silberman, Esq. CLARK, GAGLIARDI b KILLER The Inns of Court 99 Court Street White Plains, New York 10601 Wendell B. Alcorn, Jr., Esq. CADWALADER, KICKERSHAK b TAFT One Wall Street New York, New York 1C005 John Sabetta, Fsq. TOWNLEY b UPDIKE 405 Lexington Avenue New York, New York 10174 William Krohley, Esq. KELLEY, DRYE b WARREN 101 Park Avenue New York, New York 10178 David R. Gross, Esq. BUDD, LARNER, KENT, GROSS, PICILLO b ROSENBAUM 33 Washington Avenue Newark, New Jersey 07102 Thomas A. Beck, Esq. ARTHUR, DRY & KALISH, P.C. 1230 Avenue of the Americas' New York, New York 10020 Arvin Maskin, Esq. DEPARTMENT OF JUSTICE Safeway Building Rocm 904 D Washington, D.C. 20530 Howard Lester, Esq. LESTER, SCHWAB, KATZ b DWYER 120 Broadway New York, New York 10271 Stephen J. Schlegel, Esq. SCHLEGEL b TRAFELET, LTD. One North LaSalle Street Suite 3900 Chicago, Illinois 60602 Leonard Rivkin, Fsq. RIVK3K, LEFF, SHERMAN b RADLER ICO Garden City Plaza Garden City, New York 11530 Thomas Henderson, Esq. BASKIN b SEARS Frick Building, 10th Floor Pittsburgh, Pennsylvania 15219 Victor J. Yannacone, Jr., Esq. YANNACONE b YANNACONE Post Office Box 109 Patchogue, New York 11722 David Dean, Esq. DEAN AND FALANGA One Old Country Road Carle Place, New York 11514 Sol Schreiber, Esq. Special Master MILBERG, WEISS, BERSHAD b SPFCTHRIF One- Pennsylvania Place Rccrr. 4915, 49th Floor New York, New York 10019 12235 -9- Judy Spanier , Fsq. SHEA fc GO'JLD 320 Madison Avenue 15th Floor Hew York, New York 10017 Paul Esposito, Esq. LEWIS, OVERDECK fc FURMAN 135 South La Salle Street Suite 1060 Chicago, Illinois 60603 Stanley Chesley, Esq. WAITE, SCHNIDER, BAYLEFF t.CHESLEY 1318 Central Trust Tower Cincinnati, Ohio 45202 John 0. O'Ouinn, Esq. O'OUINN, HAGANS f,WETTMAN 3200 Texas Commerce Tower Houston, Texas 77002 N. P.. Peterson, Esq. GF.L17ZER fc LOCKS 1500 Walnut St., 22nd Floor Philadelphia, Pa. 19102 Clerk of the lantl Judicial Panel on Kultidistr: Li tiga tion 1120 Vermont Avenue, N.K. Suite 1002 Washington, D.C. 20005 Newton B. Schwartz, Esq. Houston Bar Center Building 723 Main, Suite 325 Houston, Texas 77002 Phillip E. Brown, Esq. HOBERG, FINGER, BROWN, COX & MOLLIGA 703 Market Street, 18th Floor San Francisco, California 941 Robert A. Taylor, Jr., Esq. ASHCRAFT GEREL 2000 L Street N.K., Suite 70C Washington, D.C. 20036 District Clerk United States District Court Eastern District of New York 220 Cadman Plaza Brooklyn, New York 11201 Benton Musslewhite 12236 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK In re "AGENT ORANGE" Product Liability Litigation ,V MDL No. 381 PRESENT LIST OF PLAINTIFFS' CAUSATION WITNESSES WITH ATTACHED SUMMARIES IN ACCORDANCE WITH FRCP 26(b)(4) (A) (i) 1. Charles Baron, M.D. 2. Deborah Anne Barsotti, Ph.D. 3. Ronald Codario, M.D. 4. Arthur W. Galston, Ph.D. 5. John Garofalo, M.D. 6. Lennart Hardell, M.D. 7. Maureen C. Hatch, Ph.D. 8. Alastair W.M. Hay, Ph.D. 9. Herbert Kay, Ph.D. 10. Ronald H. Kerman, Ph.D. 11. Marvin S. Legator, Ph.D. 12. Alan Scott Levin, M.D. 13. Peter Orris, M.D., M.P.H. 14. Marvin A. Schneiderman, Ph.D. 15. Ellen K. Silbergeld, Ph.D. 16. Raymond Singer, Ph.D. 17. Theodor D. Sterling, Ph.D. 18. Biostatistician/Mathematician (Additional) Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit u p " Exhibit "G" Exhibit "H" Exhibit MpH Exhibit " j " Exhibit "K" Exhibit "L" Exhibit "M" Exhibit "N" Exhibit " O " Exhibit Mpll Exhibit " Q " Exhibit "R" PLAINTIFFS' MANAGEMENT COMMITTEE ByJ Thomas W. Henderson, ( Defendants' Interrogatory 5. Separately as to each illness or injury specified in answer to Interrogatories 1 and 3(a): (a) state the total number of persons you contend sustained that illness or injury as a result of exposure to Agent Orange; Plaintiffs' Response 5. (a) The answtj. to this question, assuming it refers only to numbers of veterans, is unknown and unknowable without examination of every veteran, which obviously is impossible in case of any who have died. -14- 12238 Defendants' Interrogatory 5. (b) Identify each such person not referred to in Interrogatory 1. Plaintiffs' Response 5. (b) Impossible to answer. See answer to 5(a). -15- 12239 Defendants' Interrogatory 6. Separately as to each person identified in your answer in Interrogatory 5(b) and each illness specified in your answer to Interrogatories 1 and 3(a): (a) Specify each component, ingredient or impurity of Agent Orange you contend caused or contributed to each such illness or injury; Plaintiffs' Response 6. (a) See answer to 2(a). -16- Defendants' Interrogatory 6. (b) S t a t e all facts as to the amount, manner, type and dates of exposures to Agent Orange, any component, ingredient or impurity of Agent Orange or any other substance you contend caused or contributed to each such illness or injury; Plaintiffs' Response 6. (b) See answer to 2(b). 12241 -17- Defendants' Interrogatory 6. (c) S t a t e all facts as to the amou n t s and routes of absorption and manner and rates of elimination of Agent Orange or any component, ingredient or impurity of Agent Orange or of any other substance you contend caused or contributed to each such illness or injury; Plaintiffs' Response 6. (c) See answer to 2(c). 12242 -18- Defendants' Interrogatory 6. (d) Fully describe each scientific theory upon which you base your contention that exposure to each component, ingredient or impurity of Agent Orange caused or contributed to each such illness or injury; Plaintiffs' Response 6. (d) See answer to 2(d). 12243 -19- Defendants' Interrogatory 6. (e) S tate th e d a t e of o nset of e a c h such i l l n e s s or injury and all other facts as to the medical, military and occupational history of each such person. Plaintiffs' Response 6. (e) If the persons cannot be ascertained, obviously the dates of onset of illness or injury cannot be. See also answer to 2(e). 22' At -20- Defendants' Interrogatory 7. State the total number of persons you contend were exposed to Agent Orange. Plaintiffs' Response 7. Unknown. -21- 12245 Defendants 1 Interrogatory 7. (a) Identify by name and/or military unit each person not identified in your answers to previous interrogatories as to whom you intend to offer evidence of exposure or non-exposure to Agent Orange and/or to any component ingredient or impurity of Agent Orange. Plaintiffs' Response 7. (a) Plaintiffs have no intention to offer evidence as to persons other than themselves except as the illness or injuries of such persons happen to be part of statistical accumulations which are not generally able to be broken down individually by them or their counsel. Certain witnesses may testify as to illnesses or injuries to veterans in a statistical fashion, but not because it is a given person. -22- 12246 Defendants' Interrogatory 8, As to each person identified in answer to Interrogatory 7(a), set forth the evidence of exposure or non-exposure you intend to offer into evidence or refer to or rely on at trial. Plaintiffs' Response 8. As to the people who are part of the statistical accumulations, there is no present intent to offer evidence of exposure as to them beyond the fact of exposure. Obviously, if the person cannot be segregated individually, the particular exposure cannot be ascertained. The only exception may be instances in which the published literature or any report contain some quantitation of exposure of humans either in the manufacturing process, or as the result of accidents, or as a result of the various uses of phenoxy herbicides. -23- 12247 Defendants' Interrogatory Q. Rnpri fv oanh i 1Inpqt; nr ininrv idpntified in vnnr^ ^ n* .~ ~ - --- -------------------------------------------------- j , -------u ----------------------------------------- -- * u ---------- answer to Interrogatories l and 3(a) that you contend does not occur in humans absent exposure to Agent Orange or to any component, ingredient or impurity of Agent Orange. Plaintiffs' Response 9. So far as appears medically knowable, no referenced illness or injury occurs solely because of the material. The problem is that most appear to occur more frequently in persons exposed to the material and many are in fact relatively uncommon or very rare occurrences in the general population. Further explanation will be set out in the expert witness summaries and in their depositions. 12248 -24- nr P K a v* 1 A C M n rDW Ua Xr ^W nt f ^ physiatrist n-----r---a----c----+--------- '. --i '-i. . .n- rg r in Philadelphia, Pennsylvania. His curriculum vitae will be supplied. Dr. Baron will testify as to the performance and interpretation of various tests in the veterans. These will include an eltroencephalogram on both sleep and waking states with nasopharyngeal leads. He will also perfrom electromyograms, nerve conduction velocity tests, and somato sensory evoked potentials of the upper and lower extemities. Dr. Baron will then testify as to the mechanisms by which toxins produce the changes noted in the tests and what the various tests are capable of determining as to the medical status of the patient. Then he will relate the results obtained in the testing of each plaintiff examined, give opinions as to the causation of those results where possible from the evidence revealed by the tests, and state the prognosis for the individual plaintiff for further deterioration in test results and/or for the individual's condition as a whole. 12249 Dr. Deborah Anne Barsotti is an Assistant Professor of Toxicology in the Department of Pharmacology and Toxicology of the Philadelphia College of Pharmacy and Science in Phila delphia, Pennsylvania. Her curriculum vitae is attached. Dr. Barsotti is a toxicologist who has done substantial personal investigative work with halogenated aromatic hydrocarbons. This category of chemicals includes various biphenyls and dioxins, and specifically includes tetrachlorodibenzo-p-dioxin (TCDD). She will testify as to the relative chemical stability and lipophilicity of these chemicals as well as their resistance to degradation, and will testify that these qualities are what account for the perceived and documented bioaccumulation of the chemicals in the human system. Dr. Barsotti will emphasize the difference in results between chron ic and acute exposures to these chemicals, testifying as to the varying types of responses to acute and chronic exposures. Dr. Barsotti will discuss her own work as well as review the literature in these areas, noting differences in routes of administration, and in the species and genetic strain of the animals involved. She will explain these variations and where they permit extrapolation of results from animals to humans. In particular, Dr. Barsotti will also testify as to the similarities in response to these chemicals by rhesus monkeys and by humans, and will explain how the similarities permit extrapolation in this instance. Dr. Barsotti will also discuss reproductive toxicity, 12250 teratology and post-natal toxicity, including instances where no gross or clinical signes of maternal toxicity could be detected. 12251 CURRICULUM VITAE DEBORAH ANNE BARSOTTI ADDRESS: Home - 4818 Trinity Place Phila. , PA 19143 215-724-5387 Business - Phila. College of Pharmacy & Science Dept, of Pharmacology & Toxicology 43rd & Kingsessing Mall Phila., PA 19104 215-596-8978 CITIZENSHIP: USA BIRTHDATE: September 14, 1949 MARITAL STATUS: Married; no children EDUCATION: Humboldt State University Areata, California - 1967-1972 Bachelor of Arts Biology-Medical Technology Humboldt State University Areata, California - 1972-1973 Graduate School Coursework: Electron microscopy Endocrinology Instrumentation University of Wisconsin Madison, Wisconsin - 1973-1980 Doctor of Philosophy Pathology Thesis Title: Gross, Clinical & Reproductive Effects of Polychlorinated Biphenyls (PCBs) in the Rhesus Monkey EXPERIENCE: Phila. College of Pharmacy & Science Phila. , PA - January, 1983 to Present Asst. Professor, Dept, of Pharmacology/Toxicology Instruct Biological Methods in Toxicology, Toxicology III & Techniques in Electron Microscopy Advise undergraduate students Faculty advisor for Tox Club Member, Advisory Committe for four graduate students Conduct independent research 12252 Assistant Scientist - July, 1982 to January, 1983 Project Associate - June, 1980 to June, 1982 University of Wisconsin Dept, of Pathology Madison, Wisconsin Coordinated multifaceted research projects involving over 120 rhesus monkeys exposed to low levels of toxins (halo- genated aromatic hydrocarbons) and integrated the clinical data and observations with the residue analyses of tissues and fluids obtained by gas chromatography (GC) and con firmed by mass spectrometry (MS). Supervised the clinical and reproductive evaluations as well as the care of laboratory animals. Developed data management and word processing systems util izing on-site computers and tie-ins to a Sperry Univac 1100 to sort, collate and statistically evaluate data. Conducted gross necropsies and microscopic evaluations and prepared necropsy reports. Research Assistant - 1976-1980 University of Wisconsin Dept, of Pathology Madison, Wisconsin Conducted radioimmunoassays for serum progesterone and estrs diol for use in evaluating the reproductive parameters in rhesus monkeys. Performed clinical assessments on lab. animals including hematology and clinical chemistries. Supervised and evaluated data and prepared reports for contractural work. Separated cellular fractions of tissue homogenates by ultra centrifugation and assayed homogenates and resultant frac tions for content of various components. Provided animal husbandry for rhesus monkey and rat colonies Supervised unit members on protocols for experimentation anr proper methods of conducting basic laboratory analyses. Pre-Doctoral Fellow - 1974-1976 University of l-Jisconsin Dept, of Pathology Madison, Wisconsin Stocked and organized a laboratory for the clinical and rep; ductive analyses of laboratory animals. 12253 -2 - Prepared protocols for long-term feeding studies in the laboratory animals including those for gross, clinical and reproductive assessments. Developed radioimmunoassay procedures for serum proges- UC I U I I C OIIU C J U QU IV I i Conducted metabolism and distribution studies in rats and rhesus monkeys using radiolabeled isomers of halogenated aromatic hydrocarbons and other chemicals. Laboratory Assistant - 1970-1972 Humboldt State University Student Health Center Areata, California Duties included assisting in routine clinical laboratory practices involved in urinalysis, gonococcal screening, VDRLs, heterophiles for mononucleosis, throat cultures and pregnancy tests. AWARDS/H0N0RS: National Sea Grant Graduate Student of the Year - 1976. PROFESSIONAL SOCIETIES: American Society for Primatologists Mid-Atlantic Chapter, Society of Toxicology SEMINARS/MEETINGS: Participant - Federation of American Societies for Experi mental Biology (FASEB), Atlantic City, NJ, April, 1976. Topic: "Effects of polychlorinated biphenyls on repro duction in the primate". Participant - American Association of Pathologists and Bacteriologists, Boston, MA, March, 1976. Topic: "The Association of Transplacental and Mammary Movement of PCBs with Infant Morbidity and Mortality". Invited Speaker - 9th Annual Sea Grant Association Meeting, Los Angeles, CA, November, 1976. Topic: "Toxicology of PCBs in the Adult and Infant Rhesus Monkey". Participant - FASEB, Chicago, IL, April, 1977. Topic: "Effects of polychlorinated biphenyls in nonhuman primates". Participant - American Chemical Society, 11th Great Lakes Regional Meeting, Stevens Point, WI, June, 1977. Topic: "Responses of infant primates to interuterine and neonatal exposure to polychTorinated biphenyls". Invited Speaker - Community Meeting on PCBs, University of Wisconsin, Parkside, March, 1977. 12254 -3 - Participant - International Symposium on Pathobiology of Environmental Pollutants, Storrs, CT, June, 1977. Topics: "Pathology or rhesus macaques (Macaca mulatta) exposed to tetrachlorodibenzo-p-dioxin (TCDD)" and "Exposure of poly chlorinated biphenyl (PCB) to infant rhesus macaques (Macaca mulatta)". Invited Speaker - Community Meeting on PCBs, Door County, WI, September, 1977. Invited Speaker - 45th Annual Convention of Association of Midwest Fish and Wildlife Agencies, Milwaukee, WI, July, 1978. Topic: "Consequences of dietary PCB consumption in rhesus monkeys". Invited Consultant - Symposium on PBB Litigation, Traverse City, MI, July, 1978. Topic: "PBB toxicity in the rhesus monkey". Invited Speaker - Smerkee's Conservation Club, Sheboygan, WI, February, 1979. Topic: "PCBs and their effects on rhesus monkeys". Participant - FASEB, Dallas, TX, April, 1979. Topic: "Residual effects of polychlorinated biphenyls on adult nonhuman primates and their offspring". Expert Witness - State of North Carolina, Halifax County; testimony on toxicity of PCBs, June, 1979. Participant - Sea Grant Symposium on Toxic Materials and their Effects on Marine Resources, Madison, WI, July, 1979. PUBLICATIONS: Barsotti, D. A. and Van Miller, J. P.: Reproductive assessments of rhesus monkeys housed in climate controlled conditions. Amer. J. Primatol., submitted 1983. Barsotti, D. A.: Long term reproductive assessment of rhesus monkeys exposed to chlorinated biphenyls (Aroclor 1248). Fd. Cosmet. Toxicol., submitted 1983. Barsotti, D. A. and Van Miller, J. P.: Accumulation of a commercial poly chlorinated biphenyl mixture (Aroclor 1010) in adult rhesus monkeys and their nursing offspring. Toxicology. In press. Bowman, R. E., Heironimus, M. P. and Barsotti, D. A.: Locomotor hyperact ivity in PCB-exposed rhesus monkeys. Neurotoxicol. 2:251-268, 1981. Barsotti, D. A. , Abrahamson, L. J., Marlar, R. J. and Allen, J. R.: The effect of climate controlled housing on the reproductive potential of the rhesus monkey. J. Reprod. Fertil. 59:15-20, 1980. Barsotti, D. A. and Allen, J. R.: Health implications of Aroclor 1016 on nursing rhesus monkey infants. Toxicol. Appl. Pharmacol. 52:135, 1980 (Abstract). Allen, J. R., Barsotti, D. A. and Carstens, L. A.: Residual effects of polychlorinated biphenyls on adult nonhuman primates and their offspring. J. Toxicol. Environ. Hlth. 6:55-66, 1980. Allen, J. R., Barsotti, D. A. and Van Miller, J. P.: Toxicological effects of Aroclor 1016 on nonhuman primates. EPA Report #68-02:2464, 1980. Barsotti, D. A., Abrahamson, L. J. and Allen, J. R.: Hormonal alterations in female rhesus monkeys fed diets containing 2,3,7,8-tetrachlorodibenzo l-dioxin. Bull. Environ. Contain. Toxicol. 21:463-469, 1979. Barsotti, D. A., Carstens, L. A. and Allen, J. R.: Residual effects of poly chlorinated biphenyls on adult nonhuman primates and their offspring. Fed. Proc. 38:1119, 1979 (Abstract). Allen, J. R., Barsotti, D. A. and Lambrecht, L. K.: Reproductive effects of halogenated aromatic hydrocarbons on nonhuman primates. New York Academy of Sciences, 320:419-427, 1979. Allen, J. R., Barsotti, D. A. and Van Miller, J. P.: Pathology of rhesus macaqques (Macaca mulatta) exposed to tetrachlorodibenzo--dioxin (TCDD). International Symposium on Pathology of Environmental Pollutants, National Research Council, 346-355, 1979. Allen, J. R., Van Miller, J. P. and Barsotti, D. A.: Toxicological responses of nonhuman primates to 1,2,4,6,7,8-hexachlorodibenzo--dioxin (HCDD). Toxicol. Appl. Pharmacol. 47:179, 1979 (Abstract). Carstens, L. A., Barsotti, D. A. and Allen, J. R.: Exposure of polychlorin ated biphenyl (PCB) to infant rhesus macaques (Macaca mulatta). Inter national Symposium on Pathobiology of Environmental Pollutants, National Research Council, 339-345, 1979. Schantz, S. L., Barsotti, D. A. and Allen, J. R.: Toxicological effects pro duced in nonhuman primates chronically exposed to fifty parts per trillion 2,3,7,8-tetrachlorodibenzo--dioxin (TCDD). Toxicol. Appl. Pharmacol. 46:180, 1979 (Abstract). Allen, J. R. , Lambrecht, L. K. and Barsotti, D. A. : Some general effects of polybrominated biphenyls in nonhuman primates. J. Am. Vet. Med. Assoc. 173 11:1485-1489, 1978. Lambrecht, L. K., Barsotti, D. A. and Allen, J. R.: Responses of nonhuman Primates to a polybrominated mixture. Environ. Health Perspec. 23:139147, 1978. Allen, J. R. , Barsotti, D. A., Van Miller, J. P., Abrahamson, L. J. and Lalich, J. J.: Morphological changes in monkeys consuming a diet contain ing low levels of 2,3,7,8-tetrachlorodibenzo--dioxin. Fd. Cosmet., Toxicol. 15:401-410, 1977/ 12256 - 5- Allen, J. R. and Barsotti, D. A.: Responses of infant primates to interuterine and neonatal exposure of polychlorinated biphenyls. American Chemical So ciety, Proceedings of 11th Great Lakes Regional Meeting, June, 1977 (Ab stract). Allen, J. R., Barsotti, D. A. and Van Miller, J. P.: Reproductive dysfunc- t IUII III norihuman primates exposed ^a LU d GX n s TI Ur\ Av *1I UU 1I Apn DKa m i a rn l d u i iiiu v u 41:179, 1977 (Abstract). Norback, D. H. and Barsotti, D. A.: Effects of polychlorinated biphenyls in nonhuman primates. Fed. Proc. 365:396, 1977 (Abstract). Barsotti, D. A., Marlar, R. J. and Allen, J. R.: Reproductive dysfunctions in rhesus monkeys exposed to low levels of polychlorinated biphenyls (Aroclor 1248). Fd. Cosmet. Toxicol. 14:99-103, 1976. Barsotti, D. A. and Allen, J. R.: The association of transplacental and mammary movement of PCBs with infant morbidity and mortality. Amer. 0. Path. 82:21a, 1976 (Abstract). Allen, J. R. and Barsotti# D. A.: The effects of transplacental and mammary movement of PCBs on infant rhesus monkeys. Toxicology 6:331-340, 1976. Allen, J. R., Barsotti, D. A. and Carstens, L. A.: Residual effects of short term, low level exposure of nonhuman primates to polychlorinated biphenyls. Toxicol. Appl. Pharmacol. 30:440-451 , 1974. -6 - 12257 Dr. Ronald Corderio, M.D., is an internist practicing in Philadelphia, Pennsylvania. His curriculum vitae will be supplied. Dr. Corderio will testify that he is currently engaged in the private practice of medicine as an internist. He will testify that he personally has examined and/or treated over five hundred Vietnam veterans for complaints related to Agent Orange. He will testify as to the type of interview he has conducted with each veteran, the type of tests that each veteran should have performed, and the clinical significance of positive or negative findings on each of those tests. He will also discuss how toxins, and specifically Agent Orange, can cause changes in each of the tests and what such changes portend for the individual. Dr. Corderio will next discuss some of the available medical literature in both animals and humans to further validate his own work. Dr. Corderio will then outline in detail the results obtained from his own extensive investigation into Agent Orange toxicity based upon his examination of more than five hundred veterans, and will present those conclusions which he feels are reasonably appropriate based upon an analysis of his investigative work. With this material as background, Dr. Corderio will then proceed to present the test results which have been obtained for each court-approved representative veteran plaintiff. He will 12258 interpret each of the test results in terms of those individual plaintiffs. Finally, he will testify on generic causation and specific proximate causation in relation to each representative veteran plaintiff. He will also testify as to prognosis for each representative veteran plaintiff. 12259 ARTHUR W. GALSTON, Ph.D. Dr. Galston is Eaton Professor of Botany, Department of Biology, at Yale University. His Curriculum Vitae will be supplied. Dr. Galston is a plant physiologist and has personally observed the effect of the spraying of Agent Orange on the Vietnam ecosystem, i.e. the devastation of the Vietnamese countryside. Dr. Galston has been in Vietnam on four occasions between 1971 and 1982, and will describe those observations while in Vietnam, with such pictorial evidence as is available. Dr. Galston will testify to the potential and actual effects of phenoxy herbicides and their contaminants, both in Vietnam and elsewhere, including the United States and Sweden, and other places. The testimony will include the chemistry and the mechanisms of action of such chemicals on plant life. In addition, Dr. Galston will testify to the fate of Agent Orange and other phenoxy herbicides and their contaminants, especially TCDD, in the environment generally and in Vietnam in particular. Dr. Galston will testify to the persistence of such chemicals on plants, in water, and in soil, such that exposure to the phenoxy herbicides and their contaminants, especially TCDD, by the veterans in sprayed areas in Vietnam is presumed. The bases or grounds for Dr. Galston's testimony as to any facts and opinions expressed are a review of the scientific literature and his personal research and experience. 12260 Dr. John Garofalo is a immunologist practicing in Philadelphia,- Pennsylvania. His curriculum vitae will be supplied. Dr. Garofalo will testify to the performance of certain tests on the veteran plaintiffs and their wives and children and to the interpretation of those test results. Specifically, he will be conducting phenotyping assay tests for, among others, B-lymphocytes, K cells, T-lymphocytes, T-helper cells, T-cytotoxic cells, and T-suppressor cells. The purpose of these tests is to determine antigen levels, antibody levels, and the presence of a viral defenses and immune surveillance systems, and to identify various types of cells that may be indicators of and/or precursors of malignancy. Not only will the tests determine the presence of such factors, but they will also include functional assays of each. 12281 LENNART HARDELL, M.D. Dr. Hardell is employed by the University Hospital in its Department O of Oncology in Umea, Sweden, where he specializes in internal medicine and oncology. His work includes diagnosis, treatment, and evaluation of possible causes of cancer, and education of medical students. Dr. Hardell will testify to several epidemiological studies which he and colleagues have conducted in Sweden. This research includes investigations concerning the relationship between the risk for different types of cancer and exposure to phenoxy herbicides and chlorophenols. The research has been published in the medical and scientific literature. .These studies utilized the case-control study as the vehicle for investigation. Certain methodological aspects, such as selection of cases, selection of controls, assessment of exposure, and statistical methods, were considered; and then utilization was based upon thoroughly considered aspects of bias, all of which were well controlled. Specifically, these studies, four in number, involved soft tissue sarcomas, malignant lymphomas, and colon cancer. Highly statistically significant risks of soft tissue sarcomas and malignant lymphoma were found, whereas no association was found for colon cancer. In point of fact, the negative finding for colon cancer strongly supports the statistical significance of the increased risk demonstrated for soft tissue sarcomas and malignant lymphomas, i.e. a presumed causal relationship between exposure to phenoxy herbicides and human cancer particularly of soft tissue sarcoma and malignant lymphoma. 12262 Dr. Hardell has also seen in his clinical practice basal cell carcinoma of persons previously exposed to phenoxy herbicides, with no other known confounding variables. With respect to those cases with soft tissue sarcoma, malignant lymphoma, and basal cell carcinomas, Dr. Hardell will testify that the presumed exposure to Agent Orange caused, in significant part, such neoplastic processes. The bases for Dr. Hardell's testimony as to various facts and opinion include: educational background; professional training and experience; review of the applicable medical and scientific literature; personal research; and a review of the pertinent medical data of the relevant representative plaintiffs. 12263 2- - MAUREEN C. HATCH, Ph.D. Dr. Hatch is Assistant Professor of Epidemiology at Columbia University, School of Public Health, in New York City. Her Curriculum Vitae will be supplied. The subject matter about which Dr. Hatch will testify is reproductive toxicology and its specific applicability to miscarriages and congenital malformations (birth defects) in the wives and children of Vietnam veterans. Dr. Hatch will testify at length to the data collected in Vietnam regarding untoward pregnancy outcomes. Dr. Hatch is one of two investigators who are to publish that portion of the International Symposium held in Ho Chi Minh City in January, 1983 having to do with reproductive toxicology as a result of exposure to Agent Orange and other phenoxy herbicide spraying in Vietnam. The results of these data demonstrate a statistically significant increase in certain congenital malformations, e.g. cleft palate, limb deformaties, and anencephaly, as a result of paternal mediated reproductive effects. The exposure of the fathers was to the spraying of Agent Orange in Vietnam. The mothers were not exposed. These human data are coupled with positive, consistent animal data. For example, such studies where males were exposed indicate the following; the male gonads are a target site of 2,3,7,8-TCDD action; at the endocrinological level, there has been demonstrated a major effect, i.e., AHH receptor in male gonads; which very nicely provides a mechanistic linkage; and finally, abnormal biochemical and morphologic characteristics of the sperm have been lik^wise^ demonstrated. AT A C T A T T T.T W U * V 'D V . H Dr. Hay is a lecturer on Chemical Pathology, Department of Chemical Pathology, Old Medical School, University of Leeds, Leeds, England. His partial Curriculum Vitae is attached. Dr. Hay will testify to a broad spectrum of matters related to Agent Orange, phenoxy herbicides, and their contaminants, including dioxins, especially 2,3,7,8-TCDD. Dr. Hay will discuss in detail his knowledge of the various phenoxy herbicides and their contaminants, including but not limited to the various aspects of: chemistry; biochemistry; manufacture and/or production; fate in the environment, animals, and humans; modes of exposure, i.e. absorption, ingestion and inhalation, specifically by the veterans who served in Vietnam; toxicity; and the state of the medical and scientific literature at various times since at least 1957 forward. The medical and scientific literature, attendance and participation in various symposia, review of various documents of certain defendants, personal research, and experience form the bases of whatever facts and opinions to which Dr. Hay will testify. Dr. Hay's testimony regarding the medical and scientific literature will" include an exposition of the definitions and explanations, and their applicability to the troops exposed in Vietnam, of the phenoxy herbicides and their contaminants, in the following areas: plant physiology; toxicology; neuro-toxicology, both neurological and psychological; epidemiology; immunology; mutagenicity; teratology; reproductive toxicology; and carcinogenicity. 12285 More specifically, the phenoxy herbicides, including Agent Orange, 2,4-D and 2,4,5-T, and their contaminants, including dioxins, especially TCDD are highly toxic, neuro-toxic, immuno-suppressive, teratogenic, potentially mutagenic, and certainly carcinogenic. As a carcinogen, e.g. TCDD, it has no safe level and indeed any single exposure may prove to result in human cancer many years later; said in another way, there is no "no effect" level that can be established. Dr. Hay will testify to examples of the grounds which support the above, including: knowledge of spraying Agent Orange, especially its effect on the Vietnamese countryside; the purpose and historical tracing of the animal studies; historical tracing of the human data, including the various industrial incidents since 1949; references to specific documents, such as the EPA Dioxin document (presently in Draft form); various cancer epidemiology; pertinent teratology epidemiology; various studies of the Vietnamese, especially in area of reproductive toxicology; and those reports of the symptoms and diagnoses of the U.S. Vietnam veterans. . r*n oD Cb* 2- - Name: Alastair Watt Macintyre HAY D.O.B.: 21 April 1947 Marital Status: Married Children: 1 son (Tom) Place of Birth: Glasgow, Scotland Nationality: British Degrees: B.Sc.(Hons), Chemistry IIA - London 1969 Ph.D., Biochemistry, London 1973 Home Address: School House, Arthington Lane, Arthington, Leeds LS21 1PE England. Work Address: Department of Chemical Pathology, Old Medical School, University of Leeds, Leeds LS2 9NL England. Place of Secondary Education: Gifford Technical High School, Bulowayo, Zimbabwe (formerly Rhodesia) Present Appointment: University lecturer in Chemical Pathology since April 1979 (University of Leeds) Leeds, England. Former Appointments: Research Fellow - Zoological Soc. of London September 1972 - November 1977 Research Fellow - University of Leeds, Department of Animal Physiology and Nutritic December 1977 - March 1979 PUBLICATIONS Books "(i) Alastair Hay. The Chemical Scythe: Lessons of 2,4,5-T ' and Dioxin. Plenum Press. 265pp. August 1982 (ii) Sean Murphy, Alastair Hay and Steven Rose. No Fire: No Thunder. The threat of chemical and biological warfare. Pluto Press. (To be published in January 1984). 135pp. Scientific Papers Some 50 scientific papers including: -tIfa?'i^!13 $ (i) Hay, A.W.M., Mawer, E.B., Hassan, A.G., Crawford, M.A., & Stevens, P.A. The role of essential fatty acids in vitamin dependent calcium absorption infhe intestine. Proc. of 5th Vitamin D Workshop. Williamsburg USA now in Vitamin D, Chemical, Biochemical and Clinical Endocrinology of Calcium 2 Metabolism. Walter de Gruyter. Berlin. 1982 pp309-311. (ii) Hay, Alastair. Vitamin D: Sunlight and precursors. Nature. 297, 364 (1982) (iii) Hay, A. Herbicides, Trichlorophenols and soft tissue sarcomas. Lancet I, 1240, (1982). (iv) Hay, A. It kills weeds, but what about people? New Scientist. 94., No.1314. ppl58-161 (1982). (v) Hay,A ., Murphy, S., Robinson, J.P., and S- Rose. The poisor cloud hanging over Europe. New Scientist. 93, No. 1296 pp6: 635 (1982). (vi) Hay, Alastair. New Pathways for clorinated dioxins. Nature, 294, 514-515 (1981). (vii) Hay, A. Experimental Toxicology and cytogenetics: an overview. In "Herbicides and War" to be published by Stockholm International Peace Research Institute. (1984) A. Westing, Ed. (viii) Hay, A. The Mutagenic properties of 2,3,7,8-Tetrachlorodibenzo-p-dioxin in "Chlorinated Dioxins and Dibenzofurans in-.the Total Environment. Vol II" Edit, by Keith, L.H. et. al to be published in 1984. Other Publications I have written some 90 odd articles for the News, News and Views and books review section of the scientific journal Nature since 1976. cT.A A n t> Dr. Herbert Kaye, Ph.D., is a psychologist in the Depart ment of Psychology at the State University of New York at Stoneybrook, Long Island and a visiting Associate Professor in the De partment of Psychiatry at New York University Medical Center. His curriculum vitae will be supplied. Dr. Kaye will testify concerning the significance of a battery of quantitative neurophysiological tests called neurometries will which be performed on the veteran, wife and children plaintiffs. The procedures were developed in part by Dr. Kaye in conjunction with medical and psychological researchers from this and other coun tries. He will testify that neurometries, on which he has written extensively, is a sophisticated battery of electrical tests in use for about fifty years, which are highly efficient in determing cortical EEG and evoked responses. Dr. Kay will explain the model used in the computeriza tion against which the test results are compared and will explain how deviations from normal produce certain effects. Dr. Kaye will also discuss the mechanism by which toxins produce these altered responses, and what effect those altered re sponses have upon the individual veterans at present, and the prog nosis for any additional changes or deterioration in the future based upon an assumed bioaccumulation of the toxic materials in the system. In doing so, he will rely on his experience in diagnosing many Vietnam veterans exposed to Agent Orange. 12269 TsJMAXjiTxAnTiMTNj TnT VK Th7Tr mJMAA Wr t 'rOVn i . uT\. Dr. Kerman is Associate Professor, and Chief, Cellular Immunology, Clinical Immunology Laboratories, the University of Texas Medical School at Houston. His Curriculum Vitae is attached. Dr. Kerman will testify that 2,3,7,8-TCDD in particular causes, among others, immuno-suppressive effects, as reported in the literature regarding the various animal species studies. Specifically, TCDD has been demonstrated to suppress T-cell mediated immunity in such species. This effect likewise has been demonstrated in humans by Bekesi, specifically an alteration of mature T-cells. Dr. Kerman will testify that the special scientific discipline involved is immuno-toxicology which has been defined as "the undesirable effects of an inappropriate response of the immune system". The bases for the facts and opinions to which Dr. Kerman will testify include a review of the applicable medical and scientific literature, his educational and professional background, and his work in connection with the Texas Agent Orange Study. Dr. Kerman will discuss the following in his testimony: the immune system, with its organic, cellular, and humoral components - most especially with regard to the latter, T-helper cells, B-cells, plasma cells and immunoglobulin production; immune response, both beneficial and harmful; the various experimental studies, particularly those demonstrating atrophy of the thymus, weight loss, depletion of lymphoid organs, lymphopenia, cutaneous type delayed hypersensitivity (skin thickness) and altered bacterial Immunity. 12270 Dr . Kerman will testify that on the basis of the above a person exposed to TCDD might have increased predisposition to increased infection and neoplasm (cancer). 12271 2- - CURRICULUM VITAE Ronald EL Kerman, Ph.D. DATE OF BIRTH: June 10, 1943 PLACE OF BIRTH: Chicago, Illinois NATIONALITY: U.S. Citizen SEX: Male EDUCATION: 1965 1967 1969 UUUnnniiivvveeerrrsssiiitttyyy ooofff IIIlllllliiinnnoooiiisss,,, BPMh.S.S..D.(.winithImHmonuonrosl)ogy HONORS: 1965 1967-1969 1967 1969-1971 1970 BRPSRhoaeeiccccihiSieppeitgiilyeeomnnroattfooofNSffiSagPPtcmiiuuoeabbnnllaXciicclei BHHwieeoitaalhollttghhGiceSSaneelerrHrvvaiiocclneeHorPPoanroreosydtrdsoocinctototrhraeal lTCTroralailneinegeeeeshshipip RESEARCH AND PROFESSIONAL EXPERIENCE: 19831981- 19771977-1980 1974-1977 1973-1977 1972-1973 1969-1971 AAMPAARAosssessesssssssmvaaDmDSaTaomToDDoSCDiitCPiesssndnettcfaccebrreeetttheeheuerddoiiiraraaaanppepppHHaMdieanisccvlnrnnnnenaanaaiattdiohItoIo,itfsestctteersrrrromccmlr,yuuppayodttttteeerPIPPPsmmPsPmmllmlmglmin,maoaatvtrIcrrryrrCoo^lmnenfoeauVeeioueoomoo,nnnnnSgnnntntnefFfnf.TffmaaeHeerenttucttieeeteCeA,satasetsisstnuloiisossoexmlessl.ooMEoEooonoiosSoonfoaorfnnnplfHrrfrovwvcfrsrcoai,M,Siabihaacegyotn,MuStSlliaToaTsiwsiuuo(Psru,uclolphIhHIltaaeograrlormiomeedotteotIoggtgoiifTadrhmimbouomeeycUfUyl,horrnnisP,amu,ouyytelnnMIlhoonHl,n,RluiLioLLlniSgvovoeilnigeoanyaaclUenaeadlyoosyohbr,dbornneieg,lnogcssiosoodeodaysiiiliy,Jlogrrtnavtra)p,yeyaylaIceenHhHfltthaUrGdlfooooiiseeteLanrnrfrifaartiioaaHLiddaeyesTCvTibdsonsa,,soeee,oh,udnburxxraioHHossDDeaaatTitfMrfetsisitoiia,shysovvnettteMrMiSiooTodssSiCcrcieciiUeeetoocyhosorxdedna,n,nommialiiltlocicsucvTopopaRCalhlehlfalfaaeoorettrHSsSSslfiiOOlebibccceetarUhrhBihiyagIgllrgoooilmnieijacatttoooooihnyyhnllfl  CRuonrrailcdulHu.mKVeritmaaen, Ph.D. 2 PSORCOIFEETSISEISO: NAL IRNETSEERAERSCTHS: RESEARCH SUPPORT: 1974-1978 1976-1979 1976- 1980 1977- 1978 197719771983-1984 OTHER ACTIVITIES: TSNAIAAAAnhoemmmmmtcewepVegeeiMeererrrlrreniYatiiiieicnTycccaccnomeaaaeaartrtifntnnannabCkoointecnrhiAAAArssSoaapS,Esssnolcils(soLrsaxacSCooomcadpainocccehinbeeateiicitadaamraaontyiiittyetrtr,mMiyiiitamooooSyotennenonocaffnmfforinootfefyrTS,boaornfSrlcerrAFtIoHriaBimHeCit,ccfnnheiniciSoamiscaeaecsrpynltrnteeouSmlyocAtdacsgntecTenpuydiorottodrvalm(aaRosaaitEninegPninupeodsddihssmcsanipeetCyttMAsaolmisaCboCrriuencmeicioddolainthiammiiamlttctnytimimoisnCotBfetiniote(atoStMmtenaeec)dreeiemde))mn,iItbcmteeeTrme,r,auaannnnsoddIEmvamluuantoiolongiocfriemspmounnseoctoomaplleotternacnysplantation and malignancy CCCPPPPrrrroooiiii---nnnnRTnRRTRpcDpGp(NEoAclcccoorrfrreaaeexeoieiiisimiilifapxppspsssdpns.nnnofeetenaaiaaaioeegccpc4saoaaslslllrsyriiRiit5rtprrpppecaaeehIMt0cIccedIlaaalanInnenaePh0hnhnnlllrncvcernv6tvra)veRdaeecoGGGIet8eolesanpesisI.sIefPrcrsrtAttnvytnisitaaaaiirilgeevo$iigovggnennlongAaaseof5anee,atttSgattrs4nsftl,tiRrocttNNHocNltgo4HtoaoihrihHEragar,goouormg:uO8o::datSa..:.merm0oo,tiIraRtSaMMMoT0orlmoaadIafuD:rnrhAantnFaRRRm(p::teIglnaBCupIaIImTuPendHTSSSnros(.nRdrrFmRto-8-I-rc-Iooea388mtlanmo3tTyuueygN0n11icl-cMeojmsnerm6em22s8theeFatnaxp8eo114occuoorupumaa.l-r-o)knt)ngna00nnhls1sifE,.ienoo$86od2otCVntv.nt6.oat6scNH$hahi,Inar8,aey6c5etnL$o$ie,dltn.tin7r,ure.27ofAe0TcaCg7lara13n04$ueSphE0pat3a,059rSefui8yTenySr,oo30nu-01rcsRy-rn,0c-b04fi3pUina6D0VApAV5ntVi8cohnno2o.ggd.em..AApgeiAfejvu.una..eDRPIil$vV:trnamMMMria3esteaOoInci7mitmgeeteRoget7reyddndnurparm,eii4aiosnantncccmu0sotonoaagaaio0r-elsflsll, SBECRLRRpodoieeetoenivvvetHDtcCkiiisrohieeeuaioalrrewwwsiltislneetaupaDvailoooCrcinistefBffeeaoaetpwlomnmmlaiCaHsenRaraaarurontinnndeIlmsndtmfuvuu,tatooissseTTrmnerccccnourwtrrroJlutamiiimeoSppnpinonruototttspfusssrrlpIoandLlffmIfgtaafooynoiaoynlmbrrrsbSrtitoaouattleitfihhntrtcnTthuidaeeytAoohetitlnojjeoHmTeojoonrgoeuuiey,yussrrrAttrNnnioMicnmtnaaIcoaaHllgoeenlTdrHmtH--ihiMrcecpuaeaaiaenmnnArdEtsetiaAip,bpcnTClAiiaMadlrIlHinsamet.sAtyDnmToamss.ictTiposioiuoAnoalelnancostnnolitig^doailtynoenaetgiwrgtoaiysosnnotondnof . CRuonrrailcdulHu.mKVeritmaaen, Ph.D. 3 GOGIIIIIILCMCMMMnnnnnnrruahhvvvvvveeaeaebtaiiaiiiIMimemItmAnTDmnRSTsninIAtttWttRAtptmKonhininrieeoeeneetartroaRhrmordbbbaeabmtemddteddiddcmmuttoatcaseHdReelreeeneecieoierientirenRocerrrrtnroruaairsekormeRPiPvPPyrhPnpr,naRon,s,PnensnmnitevriiapipAaaaaplaacytaneiaaycap,cva,ryeoiOoeonniarrlsrtrtegleraAaldSevtinaagnTifFiecdOttnttceufwtirnoonsTIoymitigniCiciiooGaoitewrigeDencctcnccincnrmqnertrnrHmbViawnaaSPioiiiir(tsgiaacearaiupconpappapn1ooinplplmLtoaHairtleRnphlllifniaa9eaalucsaiaofiierancEsrtAoszartHHoprn8eecnnnpienhncstIeibfiysienvt-srer3ieimllzttddtuttanotontuiiioCnaeWaoafI)tissbnosg-lafSontvrmmamynaalEtr(tt(o(i(hdch(iutiraanoaoaagoonoalItBlTaRgonoamuCeoiaarsmdtssnndscccfsatntiimriivknoCtDtefoosaiyrhvtruolKmaiiieseasaraataInlmmatAoomTreapemnReohsnotemhnnIifnonuSvyeomrauadsgoTCmppddeatHttnmn,tepamupttNdDreneerrsnaaeraemimllenTmHopcelsassiebiIoiatts,nuasetnTthtuasttHypiifrMtAepniitdenuitfiinbbpStrliistarihnnnDCneeismicnFtntntlofiicPdceontpesetaacMgloleggafgheoyoogsgiWuaiinreesilnttenlttesfullmealpoilrsinAfoyyoiliitlSnoalbtnonovnlaopaLcalalnFaAtognanFmmaaeetrPirentbidWtboWbniraviadibekrbrrniottchfsoaiSdoeoCaibocoienvgosnouttiaaoatoctIrrIyrtrlthancorah,irtcirrg"losnlmmruosiaHaacsoieosratcskeayknWmrdidtetitSeInpaatmcmFsoatooossognayioto,Ihtnih"nnmsrnreraoatufoSdnruSuCrotoydoysiyocrnyuyfdoyntpySnipt'I)W)f)rytoet)Tfmsnc)mnoiToooCtoGrmee"tlTidehfogrcinpArhosmnadihoineeRrnrseeinmhgaoneerkrec,onTuCbTyeestamtscTmiiTieinCylThhydtBtnohrotuTethAhoathheoaeermnioevmfGiehelncepfeaodoemoalCaeoesylm:neElriFgn,le(roIet,IlTnNsAyiigocannrigSVpgne1htTeHiIuetittiTyhltncft9IiDieiecearhecoomirmaito8thrtaroctnsSeadhhernn5hfel,f,)tl MMMMMCChoeeeeeuammmmmCoUgUirrrfbbbbbsTTeameeeeTeen-m-rrrrrGGate,,,D,,enxSSriUUC,ianB,3rMSTTsoSeSBUItMMmcemSeyTtdeySSo-mmMrisLHHcrituniSa,eatnHlmgAAwt"eoddMselRoAmmCegoeCgtoiiynvshseomissonSCemiidoowmtuonsnmbOuisstjirirnBteItCseacnteoenetoC,ta,egemSrUe,redlevmTlPS,luPie-retilGrcoutawOottgdrSegirroyBeCraIgnaSmmaomnmfmomuriTinnnTirothatlIIoenemmgesUypmm,ln"auuinnnvatooealrlPootsigrgiotoyyny,, BIBLIOGRAPHY Ronald H. Kerman, PhJD. Publications 1. p1K9oe6lry7ms.aacnc,haRri.d, eSiengroef,fspDr.inganodf iMmymerusn, olWog.iLc.a:lly Apaltrearleydzedremspiocnes.e Stcoienpcneeu1m5o6c:1o5c1c4a,l 2. acKhneatrirmbidoadeni,TesyRpi.ne, EiSmHe.gmJru.e,nImoDlmo.guiacnnodpl.aMr1a0yl4ye:rs6si5s,5aW,n1d.L9.7i:m0.mTuhneitryoloef omf icime mtounpeneaunmd oncaotcucraall psopleycsiafcic 3. IpKmleamrqmuueansno,l.inR1.0m4ai:nc1de2:6S2Ce,ge1rl9le7u,0la.Dr.:resApnotni-speneinumimocmocucnailtypoalnydsacimchmaruindoeloTgyicpepHarIahlyesmiso. lytJic. 4. hKiesrtomcaonm, pRa.tiabnidlitHyaarnrtisig, eTn..N.P: roRce.sSisotca.nEcexpt.oBdioenl.aMtuerda.ti1o4n1b:1y7p9e-1r8io3d, a1t9e7o2f. a dialyzable 5. bKielirtmy aann,tiRg.eHn.,frHomarrbisa,lbT/.cNm. aicned. HParrorcis.,NSa.:tl.PArceapdar. aStcioi.n6o9f:2a23d-i2a2ly7z,a1b9l7e2h. istocompati 6. Sd1m9e7tie5tch.t,ioRn.Aof., huKmeramnaand,ulRt .a, cEtizvdeinrloi,seEtt.eafnodrmSitnegfacneil,lsS. .:J. IAmmmuondoifl.ieMd eathss.a8y:1f7o5r-1t8h4e, 7. bKnieesfrmomrsea, npa,pn.Rd1.a0af9nt-ed1r2S0rt.aedfUaionntiih,veeSrra.s:pityyI.mofmInIullnCinorloiosigspiePcnar,lesResv,.Ga1l.9u7a(e6tdi.o.)n: oNfeoppaltaiesmntsImwmithunsiotlyi.d Mtuemchoars 8. Sutnedfearngio,inSg.,rKadeiramtiaonn, tRhe.raanpdy.ACbbanatcee,rJ3.:7:2I7m9m2-u2n7e96e,v1a9lu76a.tion of lung cancer patients 9. SpRtaoetefianenntgti,senSuo.nl,.d1eKr2eg6ro:m8in8ag0n-,8ra8Rd6.i,o1ath9ne7dr6a.Apbybfaotre, mJ.a:lignSaenricaielsstoufditehse ohfeaimd manudnonceocmkp. eteAnmce. oJf. 10. Kreercmipainen, tRs..HS.uragnedryG7e9i:s3, 9W8-.4P0.:7, 1T9o7t6a.l and active T-cell kinetics in renal allograft H . Ktherempaenr,ipRh.e,raSlmbiltoho,dRo.f, Scatenfcaenri,pSat.ieanndts.EzCdainnlci,erER.: esA. c3t6iv:3e2T74--r3o2s7e8tt,e19fo7r6m. ing cells in 12. o6K9fe4rt,mo1taa9nl7,6TR., .,acStmiviethT, Ra.n,dEBzdliynmli,pEho. cayntde Srtoesfeatntie, Sas.:sayUsn. ifIicmamtiounnoal.ndCotemchmn.ic5a(7l --a3s)p:6e8c5ts-- 13. cDeoldlssoinn,pMreg.Gn.a,nKcye.rmOabns,teRt..HG.,ynLeacnogl.e,49C:2.F99.,-3S0t2e,fa1n9i7,7S. . and O'Leary, J.A.: T and B 12275 BRiobnlailodgrHa.phKyerman, Ph.D. 2 14. lKuenrgmcaann,ceRr..H.OanncdoloSgtyefa34n:i1, 0S-.1:2, P1H97A7.stimulation of lymphocytes from patients with 15. ppKrpee.rlmi2m9a-in3n,5a.rRyF.rHrea.pnokarlnitn.dIInnSsttCeiftrauinstpei,ePnrS, e.R:ss.,G1.R9(a7ed7d.i.o): NanedopliamsmmuInmomthuenraitpyy-Soolfid lTuunmg orcaTnhceerr:apyA, 16. SOrattedofilaa.nt9iio1,n:6S0t.h5e-ar6na0dp9y, K1i9enr7m7p.aatni,enRts.Hw.:ith Lcayrmcpinhoomcyatse orfestphoensheeatdo aPnHdAnebckef.orJe. aLnadryanfgtoelr. 17. aKcetrimveanT,-RRF.HC.,inInrge,naTl.Sa.l,loHgraanfot, sJu.rEv.ivaanl.d SGuerigse,ryW8.P2.::60P7-r6o1g2n,o1st9i7c7.significance of the 18. cMhaereskhapcoku,chM. .,JT. Iomtom, uPn.oal.nMd eKther. m15a:n3,2R5-.3H3.0:, 1D9e7l7a.yed hypersensitivity in the hamster 19. M5tu7am:6ros2hr5sa-c6ki3n,0,Mth1.e9,7T8h.aomtos,tePr. cahnedekKepromuacnh, wRi.tHh.: dinImitrmoucnholothroerbaepnyezoenf ec.hemJ.icDalelyn-tianlduRceesd. 20. SsPCitrtaeionfvcacietneeyrid,,iaSnVn.godsla.nTo1df,-cKPtehaelelrrtmTlIehaIvni,re,pdlpsRI..n:i7nt8eP5rprn-7aoa9tgtii7neo.onnstaMtslicaSwrsyicimtgehlnpioDlfsuieicnukagmkneccroea,nnoInctfhecpre.,r.De1-9etI7htne8ec.rNtaipioeynbudarengldas,yPerHde.vhEey.npteior(esnden.o):f 21. SHGuaeringso,.,1WJ1.3E.P:.4.:,61I-wI4ma6tm6s,uu1kn9io,7b8Sl.a.,stiMc oplnsaeur,doZ-l.,ymGpihacocmhainoin, Jr.eLn.a,l Kaellromgarna,ftRr.eHc.i,piIenngt,s.T.SA. racnhd. 22. BDeocdhsoent ,syMnd.,roKmleeg: eWrmitahni,mMm.u,nKoleorgmicanev, aRlu.Hat.i,onL.anOgeb,stCet.., GTyensselceorl,. J5.1:a6n2d1-O62'L5,ea1r9y7,8J. .: 23. JiD1n.3oA1dt.i::ss6os0nuE6,e-s6Mtca1ub.9Gl,ltiu.s1,rh9Kem78laee.nngdetraimmndamncu,hnMaor.lEaogc.,ticeMarilezneaovtniao,lnuMaot.,ifoKnaesorqfmutaahnme,oRhuos.Hsct..e, lLlAacmna.grceJi,.nCoOm.Fbas.taeontf.dtGhOe'yLnveeuaclrovyla,. 24. rKeecrimpiaenn,tsR. .HTr. aannsdpl.GPeriso,c.W1.0P(.3:):6T3-3R-6F3C5, m19o7n8i.toring of CMI events in renal allograft 25. iKnerremnaanl,aRllo.Hgr.,aIfnt gs,uTrv.Siv.,alH. aTnroa, nJs.Epl.. aPnrdocG. e1i0s,(3W):6.P3.7: -6P3r8e,d1ic9t7i8v.e value of active T-RFC 26. tK1o9et7ra8ml. aTn-,RRFC.H.inanpdatSietneftasnwi,itSh.Sl.u:ngEcfafencctero.f BCCaGnceimr mImunmouthneorl.apImy monuntohtehearc.tiv4e:4T1-a4n7d, 27. rK1a9ad7hi8ao.nn,ucBli.dDe.,teKchernmiqaune,sRto.Hd.iaagnndosMe caClloongnrealflt, Rre.j:ecCtioonm.biSnuatrigoincaol fFiomrummu.no2l9o:g3ic6a4l-3a6n6d, 12276  BRiobnliaolgdrHap.hKyerman, Ph.D. 3 28. Si4Mnt7o.0pf.(aeendrRais,a.b)v:lSee.nlLuPaunnrngdegscsCaK,naIecnnreccmre.,arpNna(,ePtiwreRon.YgHteso.sr:stkr,eina1Pt9rCe7oda9gn.nbcoyesrrtiacRdeivaseatialournec.hoIafnndMthTueghgeimiraa,mpFyu.)n,oaVnloodgl.iRc1o1pz,erpnopfc.iwle4e6i5gin-, 29. AAK19.peJ7rp.9ml.iaacnandt,ioRDn.iHset.:zin, IAdD.eAins.et:iafsiCceal,itnipiocpna. l1oI2fm-h2mu0m.uanAnomcTheeramincidasntBryA:lysmsCopchhieaomtciyoictneasl.faonIrndCNClaientleilclusaloalnr,CBSh.ae,smPesiesstacrneyo,, 30. ptKelacahhnantn.iq,1u4Be:.s1D-i1.n,3F,cll1oi9ny7idc9,a. lMr.e,nOalkatr,aTn.s,pVlaanntaBtiuorne.n,IC. C.Tr.oassn-dMKatecrhmaMne, tRho.Hds.:, JIamp.mJu.noTlorgaincsal 31. Katelaclohhganrniaq, fuBtei.nsDg..i,nFJalcoplyi.ndJi,.caMTlr.,arnOesnkpaalal,nTttr..,aHnVs:a1pn4la-Bn2ut5ar,tei1no9,n7.C9..TE. LanImd mKuenrmolaong,icRal.HM.: oInmitomruinngoloPgoicsat-l 32. KCm.eoTrn.mitaoannr,dreRnK.aHalh.,aalnFlo,lgoBryad.Df,t.:Mre.j,eCcCotomionbnni.enreT,drWainm.,spmMi.ucPnCrooolnocgn. ie1cla1l,l:1R2a.n2,9d-M1r2ca3Cd1oi,onn1nu9e7clll9,i.dBe.Jt.e,cVhnaniquBeusretno, 33. GRim.eHmis.,u, nWIons.gPu,p.,pTGr.eSis.ascivacenhdienfofH,eacJnt.oLo,.f,JA.BETu.G:ck?inDTghroaeansms,psluJ.p.PMprr.o,ecsB.siao1nn^s:a1ol4,f33VT-.1K-R4.3,F4CI,w1a9dt7se9ute.krim, Sin.,e Kinermvaivno, 34. TsKurerarvnmisvapanlla,onfRtas.tHtiro.on, n3Fg0loi:m4y5dm0,u-4nM5e4.,,re1Vs9pa8no0nB.duerre-hni,ghC.rTis.karnedcipKieanhtasn,wBith.D.a:djuIvmanptroAvTedG atlhloergarpayft. 35. FtPKieorerenrrsm:so,Pann1oe,,9te8SRn1..t.iaa(nelddks.eK)y:ashCatuonr,raBelnl.Doti.Tm:rmeCnuldinnseicinsaplHehciisistftoioccciotoymmpapanatdtiibbriileliaittycy,tiVtveoistlty.i.n2g, Ipinnp.Rr2ee0ni1asf-l2etl2rd6a,.nRsPp.lleannautnamd 36. BrEKeinecorvilmpiorigaoeinnnc,matslRenoR.nHtea.lliemFvamaanncdutcnoeKorssaou,hfppapInpm,r. em8Bs2su.-iDnv9.ee7:.SthuVAeparspnasrepNesysso.smisoteIrnnnantaDdsoeIPfanin.die,muinJcmh.eoduladnnbedCypoPGa.a,redNanameerwtaeicttheYrsToisnhrkgeo,hrfa,1pt9Mre8au1.nt.is(cepdlaasn.n)d:t 37. .psKurerorvcmi.vaa1nl3,:o3Rf3.2Hs-t3.r,3o5nF,glo1y9pd8r1,e.trMa.n,spVlaanntBuimremn,unCe.Tr.esapnodndKerashatnr,eaBt.eDd.: wiPthrolAoTngGe.d aTllroagnrsapflt. 38. TsKpreearcnmisfapincla, inmRtam.tHiuo.n,neF32mlo:yo1dn6-i,t2o3Mr,i.n1,g9V8w1an.ithBurreejne,ctiCo.nT.oranidmpKaairheadn,fuBn.Dct.i:on Coofrrreenlaatlioanlloogfranfotns. 39. KPalreloorcmg.raa1nf3,t:1Rs5u.3Hr3v.-,i1vF5al3lo5yb,da1,s9eM8d1.,.onVapnreBturarenns,plCan.Tt.,naonndspKecaihfaicn, iBm.mD.u:noPcroemdipctitoenncoef. caTdraavnesrpilc. 12277 BRiobnliaolgdraHp.hKyerman, Ph.D. 4 40. nJK.oenrCmslpianen.c,iIfmiRcm.Hium.n,moFl.ulno1ye:1d6p, 3aM-r1a.6,m8V,eat1en9r8sB1uo.rfenc,hrCo.nTi.caalnlyd Kheamhaond,iaBl.yDz.e:d Sreerniaall fmaielausruerepmateinetntosf. 41. BKuerllmetainn,33R(.6H):.:28l--N28e6w, 1d9e8v1e.lopments in transplantation immunology. The Cancer 42. cKoenrsmidaenr,aRtio.Hn.s:. EAfmfe.cJt. oKfidbnloeoydDtirsaenassfeussi2o:n12o5n-1r2e7n,a1l9a8l1lo.graft survival: Immunological 43. PKP19rre8eer1smae.nnadnt,apnRods.HtoF.pueatrnuadrteivKTearheinanndd,iscBeisn.DdC.:eltiencIimctianmlguTnirmoalnmosgupinlcaaenltraeetvsiapolnoun.astiiAvoennnne.osfsC.ltirnaI.nnRsHpelasa.ynrt1y3,r:e2Pj4e.4c(-te2iod6n.3)::, 44. BKnereserswm. earTn,r,aEnR.s.apHni..d,PKVroaacnh.a1nB4,u:rB3e3.nD5,-.:3C37.I,n, f1Pl9ua8ey2nn.cee, oWf .,blFooledchtrnaenr,sfuSs.,ionAsgoonstiinmom, uGn.e, rCeosnploenys,ivSe., 45. sK1Mp9ao.8,hr2ai.Pnna,AyBn-t.eDr,e.a,WtVe.danarnBedcuirpKeinee,nrmtCsa.Tonf,., cRLaid.nHa,.v:Ser.NicI.,mkOmidnunone,yoYpah.l,alorAgmgraaocfstotsiln.oog,iTcrGa.mn, soLpneliaGtnorrtuaineti,goSno.,3fB4:oC3i6yle-ca4lou5,, 46. sOpulnaponp,trepYsas.,otireKnaetcrst.mivaTintry,anRfso.prHla.nnaattanutdiroanKl a3che4al:l1n-0,m3Be-1d.D0ia7.:t,e1d9N8ca2yt.utortaolxciceiltl-ymiendilaotnegd-tecrymtotroexniaclitytraannsd 47. VBa.Dn.:BuTrheen,ceCll.uTla.,r Ktaerrgmeatno,f RC.yHc.l,osApogroisntinAo,acGti.o,nPianymnea,n.WS.,urFgleercyhn9e2r:,16S7.-1an74d, K19a8h2a.n, 48. opKpfa.hC2an8y,1c-lBo2s.9Dp3o..,riEKnlesAremvoiaennr, -hRuB.mHioa.,mnAeldgyiomcsatplinhPoor,ceyGstse.,,sA.FmriesIntdemrWdaanhm,itA,e,.19aD8n2.dJ..LGe.G(reude.,):S.CJ.y:clTohspeoarcintioAn, 49. cAruegclotiupstriieennotu,ss.iGnTg.Jr.al,enusKcpoalahcnyatntae,tsioBfn.rDo3.m4:a3nn6do7r-m3K7ae1rl,mi1na9dn8i,2v.iRdu.Hal.:s, uSruepmpircessiniodniviodfuamlsixaenddleaullcoogcryatfet 50. IrKneentrramalcaaenllll,uoRglar.rHafP.t,asCtuhoronvgkievlniansl,., pRIpn.., 5EC1ia7she-5na1lslt9,e.iDnP.,,leTVn.aunamnBdPurFreersnise,,dCmIn.aTcn..,, aNHned.w(KeYdaosh.r)ak:n,,H1B9o8.sDt3..:DeCfeMnsVesantdo 51. SEtaettntieosnintg.iezraT,trioaRnn.sBpf.ol,.llPKowreorincm.ga1nd5,o:9nR4o.3r,--9sJ4po5er,cdia1fni9c,83tS.r.aCn.s,fuWsiaornsshafwor, Bliv.Lin.,g Hrealrartise,dRr.enaanldtrFainnsep,laRn.: 52. TVBra.Dann.:sBpuEl.rfePfner,cotcC.o.T1f5.c,:y5Kc2l7eor-s5mp3oa0rn,i,n1e9R8.oH3n..,imAmgousntoinroeg, uGla.t,oFrylecchelnlesro, fSr.,enPaalyanlelo, gWra.,ftarnedcipKiaehnatns., 12278 RBoniballiodgrHap. hKyerman, Ph.D. 5 53. TK15e:rc1me1l7aln0-,s1uR1b7.sH2e,t.,s1V9aa8nn3d.Buimremnu, nCe.Te.,vePnatysnein, Wre.,nFallecahllnoegrr,aSft. arnedciKpaiehnatns,. B.DT.r:anMspoln. itPorrioncg. 54. Fcpyllaeccnlohtssnp.eorTr,irnSaen.,sapKnl.derPmprraeondc,.nRi1s5o.,:n4Ve4a2fno-4rB4u5h,rige1hn9,8MC3.L.TC., hPaapylonied,eWnt.i,caalndlivKinagharne,laBt.eDd.: reTnhael utrsaenosf 55. fA1r5og:mo7s2t4inn-o7or2,m8G,a.l1, 9iKn83da.hivaind,uBal.sD, .uarnedmKicerpmataine,ntRs.:anDdeatellcotgiornaftofrnecoinpsipenectsif.ic Tsurpapnrsepsls.orPcreolcls. 56. BKimreemrwmueanrne,,rSeR.s.pHaon.n,dsiAvKgeanohseatsinsn.,o,TBr.GDa.n.,:spVla.EnPffrBeouccrt.e1no5,f:1Cb0.lT2o2o.,-d1P0ta2ry5an,ne1s,f9u8Ws3io..,nFsleocnhngerra,fSt .,suCrvoinvlaely,aSn.d, 57. BKrpalreanerndwmoteamartni,o,dSnoR.n3a.oH6nr:d.s5,0oKV-n5aa4hni,man1Bm,9u8uBr3ne..Den,.p: aCrT.a,hmePeaitnyernflseu,eanfWfcee.c, toiFnflegpcrhceantdreaarn,vseSpr.il,acnAatlglboolgsotroiadnfott,rsauGnr.sv,fiuvCsaiolo.nnlsTeyrf,aronSms., 58. sKrpeeocrrimpiniaeenn,tismR. p.HTrro.,avneFsslpelca.hlPlnoregorrc,a.Sf1t.5, :sV1u9ar0nv9iB-v1au9lr1e1nin,, 1C9im8.T3m..,uPnoalyongei,caWlly., ahnidgh-Kraishkan,reBn.aDl.:allCogyrcaloft 59. TmuKsreoiarnnnmgistapodnrl.oi,nnPRgorro.Ho-csf..p,1erV5ec:nia1fnai9cl7B1aau-lnrl1doe9ng7,rn3ao,Cfnt1.sT9pr.8,ee3cc.Piifpaiyciennaet,sssWatyr.s,eaFatlseedcwhnewlelirth,asSc.,mycaolnondsopcKoloranihnaaelnT,oBrc.Dealz.l:artheImaiogmpernuitnnsee. 60. oKcrfeorshmsomasnta,tcpRhr..eHsTe.,nrPsaiantyiszpnale.t,iPoWnro.,ct.Vo1an5d:o1Bn8uo1rr5e-n1a,8llC1o6a.T,n.1t,i9gF8el3ne.cshnuetirl,izSin.,ganad cKoamhpanr,ehBe.Dns.i:veDeimtemctuionne 61. Feflefechctneorf, cSy.cMlo.s,poPraiynneeo,nWea.Drl.y, gVraanftBfuurnecnt,ionC..,TKraenrmspalann, taRt.i,onan3d6:2K6a8h-a2n7,2,B1.D98.:3. The 62. VNreeejrpeahcntriioo,ln.R:3.R:U2.5l,t3rB-a2es5rtrg6um, c1at9un8r,3aD.l .c, haanrdacKteerrmistainc,s Ran.Hd.:reGlaltoiomnesrhuiploptoathgyraifnt ascuurvteivaanl.d cAhmro.nJic. 63u tK1r9ea8rn3ms.fauns,edRc.aHd.:averEdreitnoarliatlr:anIsnpfllaunetncpeatioefntHs.LACleAv,elBandanCdliDniRc Qaunatirgteenrlym5a0t:c2h1i6n-g21i7n, 64. lKPoregoriccm.aal1n6m,:2Ro3n.0Hit2o.-,r2iF3n0lge5c,ohf1n9er8re3,n.aSl., aVllaongrBauftrerne,cCip.iTe.n,tsPatyrneae,teWd .waintdh Kcyachlaons,poBr.Din.e:. ITmrmanusnpol. 12279 BRiobnliaolgdrHap.hKyerman, Ph.D. 6 65. VETarfanfencBstpuir.oenfP,rcoCyc.c.,lo1Ks6pe:r2om2ri9an3ne-,22Ro9n.7, ,iAm1g9mo8s3ut.ninoor,egGu.l,atFolreychnceelrl,s S.o,fPareynnael, Wal.lDog.,raanftd rKeachipanie,nBts.:. 66. TiKmramahnausnnp,ol.BsuP.Dprpo.,cre.Vs1asn6io:nB24um6r9ein-t2i,g4Ca78t.,e,sF1l9iem8c3hm.nuenro, lSo.g,iPcaryinske, fWac.Dto.,rsanidn Kreenrmalana,llRot.r:anCsypcllaonstpaotrioinne. 67. Fcylecclohsnpeorr,inSe.Min., rVeannalBturraenns,pCla.n, tKateiromn.anT,rRan.Hsp.,l.aPndroKc.ah1a6n:2, 6B8.9D-.2:69T4h,e1n98e3p.hrotoxicity of 68. Fcnoleenpcvhhernrosetiroo,xniSci.fMtryo..m, TVrcaaynncslBpolsu.prPoerrnio,nce.C, .1Tto9.8,3aKz(Iaentrhmpiroaepnsr,si)n.Re., imanmdunKoashuapnp,reBss.Dio.n: foTrheinetfrfaeccttabolef 69. Fpwlliaetcnhhtoanutetiorb,nloSoo.Mdf t.,rcayKnclseofrusmpsiaoonrni,ns.Re .THtrr.a,enaVstpeadlnanBthauatrpieolnon,i,dC1e9n.,8t4iacna(Idln lpKivraeihnsasg)n., rBe.lDat.e:d Sruecncaelssfruelciptriaennsts 70. TvKiresaurnmaslap,nl.,5P1Rrco.rHc-.r.,,e1lVe9aa8n4se(B,Inuarpnernde,ssfC)l.o.Tw., cFylteocmhneetrry, Sc.Mro.s,smanadtchKahraensu, lBts.Dt.o: gCroarftrelsautirovnivaolf. 71. Rbioogloegrsic, aAl a.Jc.t,ivKiteyrmofanc,ycRlo.Hsp.o, rainned inKamhaann., BT.rDan.:splT. hPeropch.,a1rm98a4co(Ikninperteiscs)a. nd immuno72. TVCrayancnlosBpspul.roePrnirn,oecC.i.m1T9p.8,r4oF(vIlenescphorneuestrsc),o. mS.eMi.n, Khiegrhmarnis,k Rc.aHd.a, vVeraiucghrne,naWl .a, llaongdrafKt ahreacni,piBe.nDts.:. 73. Kevearlmuaatnio, nRo.fH7.,8 hMeamnonpehr,iliaCc.s,. FAonrnd., NK. .Y, . aAncdadH. Soco.ts1,98K4.:(In pCroemssp).rehensive immune 12280 BRiobnliaolgdraHp.hKyerman, Ph.D. 7 Abstracts and Presentations 1. JKAeernrsmeewya,ni,AnRpvr.ii,tlrCo19lac7re3kl.l, Jm. eadnidateWdhiemelmocukn,eEa.Fss.a: y.MoFneodn.uPcrleoacr. i^n2f:i9lt7r3a,teAitnlatontaicn Caiirtyp,oNucehw: 2. NWdoehrwmeeJaloencrtksfe,ryiEe, n.AFdp.,rviilKru1es9rm7i3na.fne,ctRio.Hns.., CPlraorck., AJm. .anAdssToco.y,CaSn.:cerCRelels.m1e4d:i6a8t,edAtilmanmtuicniCtyityin, 3. SSantoedcfiaenntyei,cMkS.e,ceaKtinnecrgem,rSaanpn,aRtJiue. naantns,dPuAunebdrbetarogteRo,iinJcg.o:, rMSaedariyoiat1hl9es7rt5ua.pdyie.s oAf bimstmraucnt,ocAommpereitceannce Rinadhieuamd 4. CKalheloricmgaraganof,t, IRlrl.ei,ncoSipitsie,efnaMtnsai.y, S19.A7a6bn.sdtrGacetiss, oWf .Pt.h:e TAomtaelraicnadn acStoivcieetTy-cTelrlandsypnlaanmticsSuinrgreeonnas,l 5. SKaevteeaprtltmuheameatnib1,oe9nr7R5o1.,f9C7pS5aat.neticfeaenrntisS, ywSmi.t,phoSssimoulmiitdh, ,tNuRmeo.o,prlsEaszamdnidnIlmhi,emmEua.ntioatylno:dgMicGaeelcihsm,anaWilsigm.Pn,.a:nCchiIeimcsa.mgouP,nroIelslloeingniotceiasdl, 6. Sbotlroeogfnaycn,hiSo,agSne.n,FicrKacenarcmricsacinno,o, mCRaa. .liafnoPdrrneAisabe,nbOtaetcdet,obaJet.:rth1I9em75Am.muneroilcoagnicaSlocevieatlyuaotifoTnhoefrappaetuietnictsRwaditih 7. SIt1net9net7efc6rae.nnaiin,tiSopn.aatalineSdnytKms epwroimsthiaunml,unRogn.:caDnDeceteetrecrttimoreninaataetndiodnbPyarnredavdepniorttoihogennroaosptfyic.CvaAanlcbuesert,roaNfcteismwmoYfuontrhokec,oTmAhppirreidl 8. GMreeneieast,linWagll,.oPCg.,rhaVicfatazgs,ou,ArIv.lLilvi.naaol.nisd,PMKreeasryemn1at9en7d,6.Rat.Ht.h:e SAtemreoridicasnpaSroincgieetyffeocftTorfanAsTpGlanint Shuigrhgeroinsks 9. CaKlheloricgmaraganof,t, IRslul.iHrnvo.i,visaa,nl.Md aPGyree1iss9e,7n6Wt.e.dP.:at PthreogAnomsetircicsaingnSioficciaentyceTorafntshpelaancttSivuergTe-ocnesllMineerteinnga,l 10. .SPAtrteelfalainmntiai,n,aGSr.yeoarrnegdpiao,rKOte. crtmoPabrnee,rse1nR9t.e:7d6. aBtCGtheanAdmerraidciaonthSeroacpieytyinofbrTohnecrhaopgeeuntiicc cRaarcdiinoolomgay:, 11. SrKAeoueccrgiimpueitsaeytnn1,St9spR.7e6.c.iPaanrl edSseeGsnsteieoisdn, IaWmt m.Pt.hu:neoSlToi-gxRitchFaClIMnmtoeornnnitaiottoriironinngagol foCTfornCagnMrseIpslsaevnoetfnRtstehceiinpTierrneantn,asNlpelaawlnlotYgartoiarokfnt, 12. KrCehepriocmratag.no,PIRlrlie.nsaoeninsdt,eSFdteebafrtauntahir,eyS1.2:947-7R25aC,dhi1oi9c7aa7ng.do iSmymmpuonsoituhmer:aIpmymouf nluonthgercaapnyceorf: SAolpidrelTimuminoarrsy, 12281 BRiobnliaolgdrHap.hKyerman, Ph.D. 8 13. SSVinytioermpfgapeinnoriasia,ibu,SlmMe. aalu'ynTnd2hg2eK-c2eSa4renm,cc1oae9nnr7d,7tR.rCe.Hoant.:efderRebneylceevraaondnicoeLthuoenfrgaimpCyma. nucnPeorrloeTgseircnetaaetndmaelayntsti,s"anfaotrNCApaIirtilseipenotHnssoowurisetehd, 14. TIK1m9-eR7mr7mFu.Canno,linoRg.irHcean.l,aIlMnagol,nloTitgJorSrai.,nftgHsaounfrovt,hiJve.aElT..raannAdsbpsGltarenaitsc,tRsWeco.Pifp.:iFeinPrtrs.togILnnootnsetrdincoanst,iigoOnnniaftliacrSaiynom,ceJpuoosnfieuam8ct-i1vo0ne, 15. orKefecrtihmpeiaeTnn,rtsaR.n.sHpA.lbaanstntrdaRcGetcseiiposif,eFnWtir..Pst.L:oInnTtde-orRnn,FaOCtionntmaarolinoSi,ytoJmrupinnoegsi8uo-mf10C,oMn1I9I7me7vm.eunntsoliongirceanlaMl aolnliotgorrianfgt 16. EaDgzeednnivntelrit,,heCEro.a,lpoSyriamodnoon,csMeolnal-,ymK1e9.d,7i7aI.ctelid, Fim. manudnitKy.ermPraonc, . RA.:meEr.ffAecsstosc.ofCsliinn.glOe nvcso.l.m1u8l:t3ip55le, 17. GHataeintsho,e, JWW.E.eP.s:.t,eIrImnwmaStuusrungkoiibc,alalSs.At,icsMspooscelinauatdiroo,-nlZy, m.L, apGshoiVamecgcahasiinn, oNr,eenJvaa.Lld.aa,,llKNogeorrvmaefmatnbr,eercRip1.H5ie,.,n1tI9sn7.g7,.PTreJsSe.natendd 18. FfKoAerrmSmEinaBng-,AcRAe.IlHlsM.,beRyetoi3enMsgl,erKA,CtHl1a.nsaotanlu,dbGKileiaozheragdnia,a,BnJ.tDuign.:eenS1. 9p7eF8ce.idfi.c Pstriomcu.,la1t9io7n8.of ParcetsivenetTed-Raotsetthtee 19. BrHKe.einsrDatmol.:caonam,lClopRogar.rHtriaeb.f,litaliFttifyloounyTndceo,tsfitoMinna.g.c,t,iC3voeoAsntbTnose-ntRrr,,aFMcWCtsa.,sasnoMadfcchCstuphosoeenntnttesAa,lnlmJ,eueoBrnui.esJca.1,bn9lM7a8Asc.tCsosgooencnniaeestlilio,snRw.iftoahrnddCeKclrianehiaacsnael,d 20. sHKtiiemsrtmouclaaontm,iopRn...HTb.ye, sRtsionolegus,blBelero,sdtHoon.n,oarMndaasnKstaaigchheannu.,seBtt.sDA,.bJ:sutnrIaencc1trs9e7a8os.efdthacetivAemTer-R. FACsswocit,hoifn vCiltirno. 21. TCKmr.eoarnnTmist.aponrlaa,nnrdRetan.tHaKilo.a,nahlaFSlonloog,cyriBdae,ft.DtyM,.r:eR.,joeCmcCtooieno,mnnIbe.train,lPyeWrd,eS.s,eiempnMttmeecmduCnboaoentlrnoteg1hli9lec,7aV8Rl.I.I,anIMndtecrrCanodanitonionenlula,cllBidC.eJo.n,tgeVrceahsnnsiBqofuureTeshne,to 22. . KRthoeermmTera,anIn,tasRplyl.aH, nS.t:epPtIaentmvieibtneetdrs"1s,p9Ve7Ia8Ik. eInrtetornaatisopneacliaCl ownogrrkesshsopof"TImhemTurnaonlosgpilcaanltaMtioonnitSoroicnigetoyf, 23. rCKaaodhlilaoenng,uecBolif.dDSe.u,tregKceheornnmisq,auSnea,snRdF.iraaagnnndcoissMecsoc,CaClolaonlgnifreoalrlf,nt iRar.,e:jOeccCttiooobmne.brin1P9a7tri8eos.nenotefdimamt utnhoeloAgimcaelricaannd 24. SPMepariniecsshoAeednnlesttseoodnnin,ioaJr,t.e,T.nteMhaxleactCsSr.oaonnuesthplllw,aenKstetrpmSaoaticnei,nettRys. woafintdhNuKsccaolheraaenrd, MBre.e:sduilcAtisnsseoofcMicaoetmeiotipnnugto,efrMaaacnruacthleyz1re6ed,je1cd9tai7ota9n,. 12282 BRiobnliaolgdrHap.hKyerman, Ph.D. 9 25. PoKDnreaerlslhmaeusnam,nteTa,dneRx.TaaHts.,,ctAehMlpelsaricAlefokn1l9n,l7ouC9wa..lianMngdePeKtHianAhganao,cfBtiT.vDah.te:ioAnIn.mcreerFiacesaden. inPAr3sosdco.icffi3ae8trieon(nNt oEo.f-3r,IomsPemattruetnnmo)lao:1rg2kis8etr2ss., 26. OK19ne7rc9mo.laong,y RG.rHa.n:d RImoumndusn,olMog.iDc.alAcnodnersisdoenraHtioosnpsitainl arnednaTl utmraonrspInlasntittauttioe,n.SepCtelimnibcearl 27. BrEKeinecorvilmpiorigoaeinnncm,atslRenoR.Hntae.lliemFavanmacdnutocnKerosas,h"ouafpWnpI,rmielBlsmi.saDiumv.ne:sebtuhSAreugsr,psaeVppsryiser.msgsieinoPninart,esoNaefsonvtiImeendmdmubuacetnerdea1np9ba7yNr9aI.GHmeenWteetorirscksoThfohpetrraaonpnsypnlTaahnndet 28. IITnmrvimaitnuegdnloetpoPaxarirctkioc,liopNgay.nC"t.,fioNnrIEtaHheSw,NoNrakItHiino.gnaclaTdorxeicfoolrogtyhePrNogIHramto, Ndoevveelmopbera 1"9C7o9n, sRenessuesarOchn 29. RKoeurmndasn,,StR. .LHu.:ke'sHHiostsopcitoaml,pJaatnibuialrityy 19te8s0t.ing in transplantation. Pathology Grand 30. VPiMmarenemestueBinnnuteger,derCne,hsapitCcoa.ntTghso.ie,v, eIAKnllemiensrseomrisiawc,naiJ,tnahnRSu.nHoaucr.tyireVit-tyiaoFnnefBaoblrururiPeannrady,riec1Dne9st.8e0rai.annldcahKnrdaohnEaicnn,terBerna.Dla.l:NfuatCirluiotrrioernel,paatAitoinennnutoasf.l 31. RKoeurmndasn,,URn.iHve.:rsitIymomf uMneiammioSncihtooroilngof oMf erdeincianle,alMloagrrcahft19r8e0c.ipients. Surgical Grand 32. oMKfeerLdmoicsaanAl,nGRgre.aHlned.s:, RAPopurrneild-1s,a9n8Dd0i.vpisoiostnopoefraDtiiavleysiims manudneTrmaonnsiptloarnintagtioofn,aCllohgilrdarfetn'rsecHipoisepnittas.l 33. FoKfeedIrm.mmaPnru,onRco..lHo3g9.i(sa3tn)s:d,9A4S5en.mahPcehrieumske,,nCRtae.d:lifoaDrtentlihiane,eAaAtpniorninul a1ol9f8Ma0e.reatidnigoroefsiTsthaentATmceerilclasnubApsospoucliaattiioonn. 34. TKanhedermtAoamtna,elrRTic.Harn.e:cAeEspsftofocericsat.tiooFfnehdoe.faIPtmroomncu.thn3eo9l(oa3gb)i:is1lti1tsy,37Ao.pfrhPilurm1e9sae8nn0t,TeAdcneaallthsettihmoe,exCApnarnleiufsoasrltnhMiae.eaectitnivgeoTf 85. .LAKADmperAremilriaa1cnn9a,d8n0R.CA.,DsPAsoedcvidasat.dioa5n,1cLfr.o-rlaanbCdelliKendaichaadlno,nHBoir.sDtoT.:coamCnopdrartBeiblaictliietolynl Ttoafershgtiyentpgse.,raSctPu.rtLeesoreuenijstee,cdtMioainstsowTuirhthie, 36. HKothfeiesrrstmtaorpcaooynnm.,gRpPra.r,etesiFbpsleioolnniyttddyee,dTrM-ehas.ti,tgihVtnhagenr,iAAsBknpunrrciuelanad1l,a9CMv80e.eTr.e.trianengcdipoKifeaTnhthasen,wABim.tDhe.r:aicdIajmnupvAaronsvstoedcimiaamtlilooungnrofasoufrtpspCurlreinvssiivcivaaell 12283 BRiobnliaolgdrHap.hKyerman, Ph.D. 10 37. KafonerdrmCrelainnna,iclRaal.l,lHoCgisortnaokfctloinmsu, prRva.it,vibaCilla.ihtyaPlTrl,eesDset.nintaegnd,dSKatt.aLhthaoneu,ismB,.eDMe.ti:isnsogAusrosifo, ctAihapetriioAlnm19oe8fr0icc.yatnomAesgsaolcoiavtiriouns 38. sHaKpleilesortcgmoirfcaaiocnfm,t apsRnuad.rt,vibniFviollainotly.sypdTeP,cerisMeftisic.en,ngpVt,erSadenttr.aBaLtunortshuepnielsa,,nMMtCe.ieiTsmts.ionmugaruniond,foATcKpoharmehilpaA1n9m,te8enB0rc..iDeca.:nasADassepolicrnieaedatiictoitononroffooCfrldinLoinRcoaDrl 39. TssKuurerparvpnmirsvapeansllas,invotRefS.Hutshtr.r,egoreaFnopglnoysy.,idmC,PmhrMiucena.s,eegnoVtr,eaeIdnslplBionaunotrdieste,nhr,eM-hCaaigyn.hTn1u.9ra8ials0nk.md erKeetcaiinhpaginen,otfBsT.Dwh.e:ithAImamdeprjuricovavanendtSoaimcllimoegtuyrnaooftf 40. niKomfoenpTramsrpiaraenencds,ipfilrcRaenn.HtiamSl.,umfuruFgnnlecooetynidosmn,, .oCMnhPiti.,coraerisgVneoagn,ntIeBlodlufinraoertinesn,,thaMleCa.AayTln.l1on9gua8ran0ald.fMt Kereaethcinaipngi,eonfBtsT.Dh.we: iAthmCerorerijcreaecnltaiotSinoonciaentoydf 41. sKtshueertertvmsVi,vamaJnlut,hnoefRIsn.1,t9tre8oFr0nnl.ogaytpdior,netaMrla.nC, sopVnlaagnnreBtsusimroemnf u,TnhCee.rTTe.srpaaonnnsddpelarKnsatathrtaeinoa,nteBSd.oDwc.i:ietthy,PABrTooGlso.tnognPe,rdeMsaealnslsotaegcdrhauaftt 42. apaKtllealorTnmgthraeRanfeS,tcesiRcpuo.irn,evndiFvt,alIonlLytbedeair,dsneeaMdnt,i.oo,TnnhVapealrnNeStyerBmtahunpersorepslnalia,unnmdCts.,nToSon.enpIa-mstnepdmmecubKinfeaiorchloa1ingm9i,8cm0aB.ul.DnMo.:coonmitPoprreitndegincctoeifo.nthPeorefTserrnaetnneasdl 43. IsLKKneeaertirheidamraelnnnaa,n,mtB,Tieo.hDanResa..u:HlNrS.eeD,mythemFeleilnprnootlyeasadniout,dfimosMn,nSoo.,oennfp-VsItrpeamemnenmcabiBulfeinuracrol1lelioo9nmgg8,mri0ca.Cuafltn.TeMr.,epojaenMcrittacoimCornioenntgaennreodsl.fl,imtBPhper.Jaei.sT,reerndaMtnercsdepCnloaaantnlntTfeuRhlln,eecctRSiipeo.cnieoannnbtddy, 44. SacNKysyeemttraehmpsemoarsnlbeiau,aynmsRdus.srHo,eolSn.uoebafpIlnmetdaemlmldKouobsanneehoonralrsno1i,gt9HiiB8zcL0aa.D.Alti.o:MnaonIfnntoiictlgloroeernwainssi.gendgoefiPnxrptvehriseetersnsoTtioresadntnimsoapfutlaltanhTtteihoeRnaceSotciefivpceorieenTncd-itpR, iIFeLnCnteetirdrlneyeancmte,ippoThntohoarel 45. TRKanheedercmiDSpaeRiencno,ttnyR,dp.LiHnIen.gi,dteFteornlno,cyaTadtidh,oaenMvaNe.l,reiStVchyaemanrnplBdaonusldiriuvesmin,n,SgeCopnr.tTeeIl.mamtabemndedurnrK1eo9anloh8aga0lin.ca,alBllo.MgDr.oa:nfittCosoruirrnrvgeilvaoatfli.otnhPeorfTesrHeaLnnAtsepdlAa,naBtt 46. FbPthelroeteyasTd-e2rn,-atmMnedsi.pc, rlaKaotngetlrTomRhbaeeuncliSi,npeRicemo.n,ntedW,taLobIeonoi,tdleiJesr.nmn,,a,VTtiaihomnnemaBNluuenrSteheynme,rrpelCaoan.scTidtu.ismv,aiSntyedopnKtaenIammdhbamrneeur,nnB1ao9.llDo8ag.0:li.lcoaRglreMalaftotinorinteosjhreicinptgisonooff. 12284 BRiobnliaolgdrHap.hKyerman, Ph.D. 11 47. RKoeurmndasn,,URn.iHve.:rsitIymomf uCnheicmagoon,iJtournineg19o8f1.renal allograft recipients. Surgical Grand 48. cPCKorheleroiscmgeainagcntoae,,ldIRmllai.oHntno.it,ithso,VerJianuAngnneBonfuu1ar9cle8an1dM,.aevCee.trTini.c,g rLoeefnGatlrhueael,lAoSgmr.Jear.fitcaarnnedcSiKpoiacehineattnsy,roBefc.DeTi.vr:ianngsIpmClamyncutlnoSosupprohgraeirnomnAas-,. 49. rcKeeenlrlaumllaaarnl,lPoRagtr.hHaof.,gt eCrneosjn,ekFclrtiianon,nkR.li.n, PPCrlaeahszeaanlltH,edoDt.e,al,Vt PaanhiSlBayudmreelppnoh,siiCau,m.TP.eonannndsHylKovsaathnaiDan,,eJfBeu.nnDse.e:s19Ct8oM1.VIn.tarnad 50. SiDKmciihdsmoenuaeennsyebosseF,uroPpgu,rpnorLgdersa.asPtimiv.o,enfK,omraIehnCdacilnc.i,,natiBciWoa.nDlasD.hiniiaannlrgydetsoninsaK,laenrtDrdma.CTannsr.,p,alnaRNsnp.oHtlvaa.etn:imotanbtT.eiorhneP1Fru9eos8sree1un.mote,fdpAC.amy2tc9elrT.o.hspeJo.rNinaKtiiAdonneaaysl 51. Era1en9tndt8ea1nlF.gtienrrae,n, sRpR.l,.a:nKteaSrtmeionansni.t,izRAa.mt,ioeArnricnafeontltlS,oowJc.i,ineJgtoyrddooafnnNo,reS-ps.,hpreWocliaofrigcsyh,atwWra,naBss.hf,uinHsgioatornrnsi,s,fDoR.rC.,.l,WivNeao-srvsenelmeartb,eeSdr. 52. Fupslieeecnhtosnf.erCA,ymScl.eo,rsiBpcooairnlienUauAr,olMiong.i,sctParlaoyAnngses,oimcWima.,tuiVonnaen, rKBeasupnroesanns,deCCri.,,tyhK,igeKhramnrasinsak,s,Rr1.e9na8an2ld. tKraanhsapnl,aBnt.: rTechie 53. EPKfo.rerernsamienanad,ntJe,adKRnau.ah,ataVrnyTa,nh-BeBF.:ueTbrreranuIn,ansrfCfyluu.s,e1iPon9n8cae2y.naneod,f WTb.r,loaFonldsepclhtarnnaetnars,tfiSoun.s,ioACngsoonsofteninroein,mcGem.,,uLCnoeosnlreAeysn,pgSoe.nl,esBsiv,reeCnweaeslrsi., 54. sAuNesegniwnotgsetdOimnraoloet,naGtonhns.e,u, cLKAleoanauhnriausnailae,lnuBMak.,DoeAec.typiatnrneigdsl o1fKrf9oe8Tmr2hm.eanAno,rmmRea.rHlisc.,:anuSrAupmspsiorecesisasaitnoiodnnoaofllfomIgmirxamefdtulnreoeulccoiogpiciseytnst,etsF.cAulSPtEurBree, 55. sfAAotamgrtoneusiratsii,cniaAonn,pprGAiolt.sJ1es.9no,8cti2iKaa.ltaihoaanlnlo,ogBfra.CDftl.inraeinccdaipl iKeHneirtssmt.oacnoP,mrReps.aHetni.b:teilditMyaetTaetshusterienmAg,ennnStuaanolfFMsrueapentpcirnisegcsosoo,rfCTcaehlilel 56. , uaCKlroeleoromgmrrdiacainnf,thatooRrsret.sHcs.iO.p:irePgnraItennssivezianatntetedidodn2p,a)rStTeashtneheneAteenAfrtfnoennaciuttoa,ltoTwMfeoxetarewasti,nonrsMgfkuasoshyfeod1pT9sh8be2olo.nNodo1r)tahInmdAmmbulenoreoicdamnponrToirtdoaurnicsntpsglaononft 1228557. JoKKAnunaenrhneimaumna1am,l9nB8,uM2.nRD.ee.e.H:tpi.n,aTgrVhaaoemnfeinTBtefhulruerseenAna,cmfefCee.roc,itfciFanplngerceShtcronaacedniraes,pvtySlear.,noictfAbTgalolrolsaootndginsrpoatrl,faatnGntss.u,fSurCusviroiovgnnaelsole.nyf,rs,oSPm.Cr,ehBsriearcnneadwtgeooedm,r,IalEdltio.nnTaoonhirsdes, BRiobnliaolgdrHap.hKyerman, Ph.D. 12 58. PAuCsrghienoiscsgeatnilgnetoueo,d,cIoGllaci.tyn, toTKeissha,ehfJrauoAnmn,neBnnu1.Doa9rl8.m2Ma.anledeintKidneigrvmidoaufnaT,lshR,e.uHrA.e:mmeSicruipcinapndreivsSsiodiocuniaeltosy,f amonfidxTeardlalolnegsuprcalaofntctyrtSeecuircpugileetonunrtess-., 59. KCtiooenrnmsg:raTensh,seRoirf.HrTo.h:leeITinnrvaritneejsdepclpatinroetnasteainontnderSimoactmieautnywo,osBurkrpispghrhoetpsosnioo,nnE.""nHgulPamnraedns,eATntuelgydumsatpth1to9hc8ey2t.Ientseurbnpaotpiounlaal 60. SKtroeacrnimseftauyns,,ioBRnr.iHgehf.f:teocnItn,sv.E"itnegdPlarpnersdee,nsAetneudtgeurasttaTt1h9a8e2wI.nortekrsnhoaptioonna"l MCoecnhgarnesissmosf rTehspeoTnrsaibnlsepfloarntbaltoioond 61. SPEEerntntegesslneaitngnizetdear,dt,AioRuangt.BuaT.s,fthteKe1r9eI8rdn2mot.enarnon,ra-tRsipo.,encaJilfoircCdoatrnnag,nrSsefs.uCss.i,oofnWsTahfroesrhTalwirva,enB-srp.eLllaa.,ntetHadtairorreninsa,SloRct.rieaatnnysd,plBFarninitgeah,ttiooRnn.:,. 62. BPVEr.anDengs.l:eaBnnuEdter,fedfAne,ucatgtCuoT.sTfth.ce1,y9cIK8nl2oet.rsepmronaranitn,ioeRnoa.Hnl .i,CmoAmngguornsetosirsneogo,uflGaTt.,horeFylTeccrehalnlnsseprol,fanSrte.antPaioalnyanlSleo,ogcrWiae.fttya,rneBdcriiKpgiahehtnoatnns.,, 63. TIK1n9et8cer2emr.lnlaanst,iuobRnsa.eHlts.,CaVonandngrBiemusmsreunon,feCTe.hTve.e,nTPtsraayinnnsep,rleaWnn.at,alFtialoelnlcohgSnroearcf,iteStry.e,acniBpdrieKignahthsto.ann,,PBEr.eDnsg.e:lnantMedd,onaAittuorgTiunhsget 64. FBpcyllraecicgnlohhtssntp.oeonrr,,PinESrene.,gsaelKannndetderdpm, rAaeanudt,gnuiRTssoh.t,ne1eV9Ia8fnno2tr.eBruhniragethnio,nMCaLl.TCC.,hoPnaapgyrloeniseds,enWotf.icTaanlhdelivKTianrhagannrsp,ellBaa.tnDetda.:tiroeTnnhaeSloutcrsiaeentoysf, 65. IfA1rn9ogt8emo2rs.ntinanotoiro,mnGaal.l,inKCdaoihnvaigdnru,easBsls.D,o.ufraeTnmdheiKc Teprramatniaesnnp,tlsaRn.a:tnadtDioaentlleoScgtoricoainfettoyrf,ecnBioprniigesnhptteosc.nif,iPcErsneugspelpannrtedesd,soAartucgTeulhlsest 66. BTiKmrreaemrwnmuseanprnel,a,nERtr.ae.tHsaipon.,nodnASsKoigvcaoeihsnetatiennys,,os.,BBrG.Dig..,h:PtVoraneEns,efEnfBentucegrdtleanno,dfa,CtbA.lTouT.og,hduePstatry1Iann9net8se,2fru.Wnsai.o,tinoFsnleaoclnhnCgerroa,nfgStr.,essuCsrvoinovlfaely,TaSnh.de, 67. TpK1h9ra8iahp2raam.nr,aticBtoe.lDoM.g,iceKetesirtnmugd,aineS,soRcoi.,eftPycayyocnfleo,sUpWnoir.vDien.r,es-FittrlyeecaShtuendregre,roSenn.sa,alnSdaallVzlobagunrraBgf,utrAernue,sctiCrpi.iaTe,.n:Stse.IpmtemmFuibnfteohr- BRiobnliaolgdrHap.hKyerman, Ph.D. 13 .68 sKrppeoeocsrriimpuinmiaeenn,,tKismR.ey.pHrBPo.,ivrseFecssaleeyncnahtleenl,doeFgrrl,aoatrSfit.d,thasV,euaNrnTvoihvBviearumdlrebinIenn,rteC1irm9.nT8ma.2,t.uioPnnaoaylolngeIi,mcaWmllyu.,naohnliogdghi-KcraaislhkaMnr,oeBnni.atDolr.:ianlglCoSgyyrcamloft 69. Kocprfoeosrsihmusommasnt,a,tKcpRher.y.eHsBe.,niPsVsrciaeatnsiyzenaBnettu,ieordFennloa,rttoiCd.taThd,.oe,NnPToorvaheyirmnadlebl,oIeanWrnte.1t,ri9gnF8eal2net.cisohnnuaetlirl,iIzmSin.m,gaunnadolcoKogamihcaapnlr,eMhBe.oDnns.i:itvoerDineigmtemcStyuimonne 70. BPuKmsrieosierncnsmgaietynaodnntreoei,ndn,RgoF.ralHoo-tsfr.p,idtrePheacenai,fyaNicnlToehvaa,ielnrlWmddog.b,rnIenaVorftnate1nsr9pnr8Beea2ccut.iiirfopeincinea,naltCsssI.amTty.rm,seuaFantlseeodclwhognewileclirtah,al sScM.,mycoaolnnonidstoopcrKoloirnanihgnaaelnST,yoBmrc.pDeaolz.ls:airuthemIamio,gpmerKnuitnnesyee. 71. ScKyoeccrlimoestapyno,oriRfn.TeH.r".a:nCsIpnhlviacintaetgdoP,hpDyleseniccaeiramynbss,epre"aO1k9pe8tr2im.aitzitnhge iFmirmstunAonsnuupaplreMsseioenti:ngMoofdTe hoef Aamctieornicaonf 72. srKDpeieocarirlmpyinisaeeinns,taismRn. d.pHrTP.orr,vaeVesnseasnpntalaeBldnloutgraFertnoaT,rftuhCmes.T,uAr.C,nvhniPviucaaaayllgnoMein,, eDWeietmi.c,nemgmF,ulbenNceoharlotni1geo9irnc8,aa2llS.ly.K, iadhnnidgehyK-rFaisohkuannd,reaBnti.aoDln.:,aCllColigynrcicaloaftl 73. GKrearnmdanR,oRun.Hds.:, TRheolCe hoifldirmenm'sunMeeemvoarluiaaltHioonspinitaclli,nCichailcamgoed, iIclliinneo.isC, Dlineicceaml bImerm1u9n8o2l.ogy 74. CK19lei8rn3mi.caanl, URp.Hda.:te,ImUmniuvneorsloitgyic oefffTecetxsasofMteodxiiccalmBatrearnicahls,. GParlevseesntotend, TatexTaosx, icJoalnougayry75. PrKeietntrasmbl auanrl,glohRg.SrHca.hf:tooCrleyoccfilpoMisepenodtrisci.nineeP,imrFepesbreornuvteaesrdyal1alo9t8g3rP.aaftthosulorgvyivaGl riannidmmRouunnodlosg, icUanlliyvehrisgihtyrisokf 76. PKMreiersssmeonauntrei,,dRMa.Hatr.cS:hurI1gm9i8cma3u.l nGeraenvdaluRaotuionndso, fSrt.enLaoluifsaiUlunrieveprastiiteyntMs eadnidcaalllCoegnratefrt,rSetc.ipLieonutiss., 77. ToKneexrCamsua,rnAr,epnRrt.iHlP1^r9o8bI3ml.emmus nionlotghicealMevaanlaugaetmioenntofohfemHoemphoiplihaiclsia. cPCreosmenptleidcaatitonasS,ymHpouossituomn, 78. FtdUrolraenoncolhsorpnsgleiacruna,stlSainAt.g,iosKsnoceycroicmalfotaisonhpn,iog,RrhLi.nHames.,iVxaVeenagddnasBl,pyurNmreeedpvnnha,iodsCcoayn.,TteeA..,pPcriuaPlylrt1nue9esr8,ee3nW.the.,daapnlaodt-iKdtaehhneatinc,AaBln.nDlui.va:ilnSgAumcrceeerlsaisctfaeundl 1228779. TgKiheceramlFamirnso,tnRIitn.oHtre.ir,nngFaloteifcohnrneanelarC,l oSanl.l,gorVgearsnasfoBtnurreCecynipc,liCoens.pTtso.,rtiPrneaeay,tnHeedo, uWwsit.to,hna,ncdTyceKlxoaashsp,aonMr,inaBye..D1.9:P8r3Ie.msemnutendolaot BRiobnliaolgdrHap.hKyerman, Ph.D. 14 80. VPE19rafe8nfes3ecB.ntutreoednf ,acCty.Tc,lhoKespeFromirriasntne,InRotn.e,rniAmagtmoiosuntnianolor,CegGoun.l,gartFoelsresychoncneeClrl,svScl.oo,fsPDaroeyrnninaeel,, WaHl.olDoug.s,rtoaannft,dTrKeeaxchaipas,nie,MnBtas.y:. 81. oHKcyuaocthucloasotnsmop,noeB,r.oTiDnfee.x,1.a5Vs0,anPrMernBaeyasuler1nea9ntl8el,3od.gCr.a,atfFtslTeichnhenimeFrmi,rsuStn.,oIlPnoatgeyircnnaela,ltyiWohn.iDaglh., rCainsokdngrKreeecsrismpiaeonnn,tsRCt.:yrcelaIotmsepdporrowivnietehd, 82. FcoynleccClohysncpeloorrs,ipnSo.eMriinn.,er,VeHannoaulBsuttroraennn,s,TpCelax.,natKsa,etiMromnaay. n1,P9Rr8e3.Hs.e.n, taenddaKtaThhane,FBi.rDst.: InTtheernnaetpiohnraoltoCxoicnigtyreossf 83. FHcnoeloenpucvhhsertnroosentiro,o,xnTiSce.ixfMtrayos..m,, MVPcaayrynec1slBoe9snu8pr3teoe.dnri,naeCt.TtTo.,heaKzFaetrihrmsioatpnI,rninRtee.r,niamatnimodnuanKloashuCaponpn,rgeBrses.sDios.n:onfoTrCheyicnleotfrsfapecoctrtaibnoleef, 84. SsKcpaoeodcrriameivntaeeynr,ioicmfRTmr.Heruna.,nnaolsFpslulaeapclnlphotrngePershrasi,yfotsSnsi.c.,ioaVvnPeasnr,rceCoBsehmunirceteasengd,oim,CaImt.lTliu.tn,nhooePilsao,AygJninucenn,ueraWisl1k9.,M83faaen.ecdttionKrgsahoaffonr,TBhr.eeDci.A:pimeCnetrysicclaoonf 85. FhaAnalmedpcelhosrtniiedceraeronn,itdSiSco.awMclii.te,lhtivydKirnoaegfrwmTararleanluan,stsiepRndlg.aHnrc.tey,ccPiVlphoaiysnepsnioctBri:aiunnreesT.,nr,CaPnhCrsie.pcTsalea.g,nnott,aeandItldiloiannKtoiawtshh,iaetJhnuA,onunBetn.Du1ba9.l:l8o3o?.dvTlehteertiannhgsigfouhfsiTroihnskes 86. paKcheqirluimairaeCndh, aiRmpt.mHeru.:nMeeRedteeinfliagct,iieoHnnocsyuhsiptsoynno,dfTroeimmxaems,(uAOnIocDctSoob)m.eprP1tre9en8s3cee.nteodf ahtemthoephGiluialcf CpoaatisetnHtsemanod 87. TSKciThep-eriCmenrFa-torn,eu,HlreRtaohsu.,estIVaonnantdne,rTfBnleouaxwtraieosncn,,yaNtCloo.mSvTye.emm,trFpbyoleerscciruh1omn9s8es:3rm,.IamSt.cm,huannrdeesuKMltaoshnatinoto, rgBirn.aDgf.t:osfuCrTovhriveraellTa. rtiaoPnnrseposlefannvtteisduRaaelt, 88. ... SNRbyiooomvgloeepgmrosiscb,iaueAlmr .a:1Jc9.,t8Ii3mvK.imteyrumnoaefn,cMyRcol.nHoist.p,oorarinningde KoinfahaTmnha,enB. .TDrP.a:rnesspTelnhatenetdphRaatercmTipahiceeonkFtio,nuerHttichouaIsnntodtenr,inmaTmteiuoxnnaoas-,l 89. SebKvyeemarrlmpu1o9aas8tnii3uo,.mnRo.oHfn.,7A8cMqhuaeinmrneoedrp,IhmilCmia.,ucsn.FeoDrPder,feiscKeien.n,tecdyanSdaytnHdthroeoomtNse,e,wNK.e:YworYkCoorAmk,cpaNrdeeehwmenyYsoiovrfek,SNicmioemvneucmnese 90. TpNKhhoeeervnmeAomatmnybp,eeerrRsic1.ac,9no8Vr3raA.enslasBoticuniragetniwo,nitChf.oTimr.,mCFulilnneecicharnelesrHp,oisnSts.oMec.o.,mPaprneadsteibnKitlaeithdyanaT,teBstth.iDen.g:A, nCDnhuRiacWla6gMo,eaenItdlilninDgoRios3f, 12288 BRiobnliaolgdraHp.hKyerman, Ph.D. 15 91. VPCZrauyenrcsilceoBhnsup,terSoderwnini,ateztCetir.mhlTaep.n,rFdoF,ivrlNesestochvMoenumeetrecb,toeinmrSg.e1M9o8if.n,3T.KhhieegrhEmuarrnios,pkeRacn.aHdS.a,ovcVeireaitucyghfrnoer,naOWl r.ga, allnaongTdrraafKtnasphrealacnni,ptaiBetn.iDotns.:., 92. KtoeSrmanadno,zRP.Hha.:rmCaycceluotsipcaolrsi,nIencim., mEuanstosHuapnporveessri,oNnefworJerernseayl ,trDaencsepmlabnetrat1io9n8.3. Presented 93. PKtraearrnkmspCalnait,nytR,aU.tHiota.n:h.,INJnaveniwtueadhryoprr1iez9so8en4ns.teirnattrathnespWlanestatetrionnD: iIanlyflsuisenacned oTfracnyscplolaspnotartiinoen oSnocrieentya,l 94. SsS(AotuenIrrDgloSeifno)gnbp,isoa,RptSis.eaPynn.t,psArBonvrvteaeordnnsluieposy,n,rTeBeuen.mxBaal.o,sca,KylJlshoatiagnslruiapla,fnrtKyeup.1Gma9.to8,ien4Kni.aetsri.mn aPancr,qeRusei.rnHetd.e,daimnadmt CTunhoenekSdlioenfc,iiceRite.yHncf.:oyrCsTyonhmdorrpoaamcriice 95. SRporoocgifeeilrtesys, fAoofr.JcU.,yncKilvoeesrprmsoiartnyin,SeRu-t.rHrgee.a,otnaensdd-aKRllaoehsgiardnae,fntBts.rD'ecM.:ipeiCeetnoinrtsgre,alCantdhioicrnaegjoeofc,tiImiollnmin.uonisPo,rpFehesaebrnrmuteaadrcyoak1ti9nT8e4thi.ec 12289 MARVIN S. LEGATOR, Ph.D. Dr. Legator is Professor of Environmental Toxicology, University of Texas Medical School at Galveston. His Curriculum Vitae will be supplied. The subject matter of Dr. Legator's testimony will include: the teratogenic and carcinogenic effects of TCDD, as well as its mutagenic potential; the multi-system effects of TCDD at extremely low concentrations; the demonstrable effects, both gross and more subtle, of TCDD on animals; the extrapolition of the animal studies to humans, that is, the inherent, intended predictive aspects of the animal data to man; and finally to his work as a geneticist with respect to reproductive toxicology, i.e. male (Vietnam Veterans) - mediated birth defects and certain untoward pregnancy outcomes. Dr. Legator will testify to the extreme toxicity of dioxins, particularly 2,3,7,8-TCDD. Specifically, his testimony will indicate that TCDD is a complete carcinogen based upon certain animal studies, and that as a carcinogen, there is no safe level and does not have therefore a so-called no effect level. With respect to that, Dr. Legator will describe the extra ordinary precautions which are taken, and the fears of the researchers, in connection with the laboratory use of TCDD. In addition, Dr. Legator will testify to the reproductive toxicological effects, i.e. birth defects, and miscarriages of the children and wives of the exposed Vietnam veterans. The animal data in this regard are positive and consistent and provide a mechanistic linkage which confirms the Vietnamese epidemiological study of Hatch and others. Specifically, therefore Dr. Legator will testify that the mdrcjaqtQage of Mrs. Dan G. Jordan and the congenital malformations of the children of Dan G Jordan^ as well as those of Kerry Ryan* daughter of Michael F. Ryan were caused by the presumed exposure of representative plaintiffs Jordan and Ryan to phenoxy herbicides and dioxins - specifically 2,3,7,8-TCDD -- while serving in Vietnam. The bases or grounds for such facts and opinions include Dr. Legator's: educational and professional experience; personal researches; review of the applicable medical and scientific literature; and a review of the medical records and/or data of the Jordan and Ryan families. 12291 ALAN SCOTT LEVIN, M.D. Dr. Levin is engaged in tjie practice of medicine in San Francisco, His Curriculum Vitae is attached. Dr. Levin will testify that phenoxy herbicides and their contaminants, including dioxins, most especially 2,3,7,8-TCDD, cause an assortment of immunological responses, i.e. immuno-toxicity, which predispose persons exposed - by absorption and/or ingestion and/or inhalation - to such chemicals to a whole host of adverse health effects, such as: chloracne or other skin rashes; various neuro-toxic effects;' reproductive effects; and neoplasm. In connection with the carcinogenic effect, Dr. Levin will state there is no safe level for this or any other carcinogen, and that a single exposure several years earlier can result in human cancer many, years later. The bases for such facts and opinions expressed herein by Dr. Levin include: review of the medical and scientific literature, including both animal and human data; his personal researches; his clinical experiences; and his personal knowledge of the defoliation of Vietnam by such phenoxy herbicides and dioxins, with such chemicals in the presence of the veterans and their presumed exposure thereby; and review of all pertinent medical data of the representative plaintiffs. Dr. Levin will discuss the following in his testimony: the immune systen;, with its organic, cellular, and humoral components - most especially with regard to the latter, T-helper cells, B-cells, plasma cells and immuno globulin production; immune response, both beneficial and harmful; the various experimental studies, particularly those demonstrating atrophy of the thymus, weight loss, depletion of lymphoid organs, lymphopenia, cutaneous type delayed hypersensitivity (skin thickness) and altered bacterial immunity. 12292 In addition, Dr. Levin will discuss the following and their siew nif-i- c..an.ce: immunoloeurvf as molec--u--l--a- r h-- ---f-o--l--ocpyjv:i -c--h--e--m--ical-induced immune disregulation; T-cells (lymphocytes from thymus) acting as immune modulators, (for which again there is no "no effect" level); immune surveillance; the similarity of the immune, neurologic, and endocrine systems and their significance in the area of immuno-toxicity; the relationship of immune disregulation caused by chemicals and carcinogenicity. Dr. Levin will then testify to the causal relationship of the various Agent Orange/dioxin related adverse health effects of the representative plaintiffs, including: chloracne; neuro-toxic effects, both neurological and psychological; reproductive toxic effects, both miscarriages and birth defects; and such neoplastic processes as soft tissue sarcoma, as here a rhabdomyosarcoma, lymphocytic lymphoma and basal cell carcinoma. 12293 -2- r CURRICULUM VITAE . Alan Scott Levin, M.D. Born: High School: College: Graduate School: Masters Thesis: Medical School: Internship: Fellowships: Specialty Board Certifications: Military: Marital Status: January 12, 1938. Chicago, Illinois. Austin, Chicago, Illinois University of Illinois, Champaign-Urbana, Illinois 1956-1960 B.S. Chemistry in L.A. with Honors. University of Illinois (Chicago Medical Center) M.S. in Biochemistry, 1963. Metabolism of Serum Albumin in Rats with Cirrhosis of the Liver, 1963. University of Illinois (Chicago Medical Center) M.D. 196A Alpha Omega Alpha Honor Medical Society, 1963 Children's Hospital Medical Center, Boston, Mass. Traineeship Grant, Harvard Medical School 1964 Research Assistant, Children's Hospital Boston, 1965. USPHS Hematology Training Grant, University of California San Francisco, Medical Center 1969-1971 (Pediatric and General Immunology). American Cancer Society Faculty Research Award, 1971-197- 1. Certified Diplomnte American Board of Allergy and Immunology, 1975. 2. Certified Diplomate American Board of Pathology-Clinic Pathology, 1977. 3. Fellow in the American College of Emergency Physicians 4. Fellow College of American Pathologists. 5. Fellow American Society of" Clinical Pathologists. 6. Member American Academy of Allergy. 7. Member American Association of Clinical Chemists. USN attached to USMC as Flight Surgeon 1966-1968 Viet Nam Campaign ribbons and unit citation, Navy and Marine Corps Commendation, First through Fourth Air Medals 12294Bronze Star Medal with Combat "V", Silver Star Medal, Honorable Discharge November 1969. __ . Married to Vera S. Byers, Ph.D., M.D. Mo children. I Academic Appointments: ' Adjunct Instructor in Pediatrics University of California San Francisco Medical Center 1971 - 1972 Assistant Professor of Immunology in Dermatology University of California San Francisco Medical Center 1972 - 1978 Adjunct Associate Professor of Immunology University of California San Francisco Medical Center 1978 - Director of Laboratory of Immunology University of California and Kaiser Foundation Research Institute Joint Program Project San Francisco, California 1971 - 1974 Director of Division of Immunology Western Laboratories 2945 Webster Street Oakland, California 1974 - 1977 Medical Director MML/Sclano Laboratories 2920 Telegraph Avenue * Berkeley, California 1977 - 1979 Medical Director Levin Clinical Laboratories, 326 6th Stree-t San Francisco, California 1979 - 1981 Inc. 000 Private Practice of Medicine 450 Sutter, Suite 1138 San Francisco, California,. 94108 1981 - Member, Medical Quality Review Committee, '74 Board of Medical Quality Assurance <2S l.ilo of California h- 12295 I ALAN SCOTT LEVIN, M.D. BIBLIOCRAPHY (Abstracts not included) 1. Levin, A.S., and Jeffay, H . : Metabolism of serum albumin in rats with cirrhosis of the liver. J. Lab & Clin. M e d . 63: 776-783, 1964. 2. Klemperer, M.R., Cotoff, S.P., Alper, C.A., Levin, A.S., and Rosen, F.S.: Estimation of serum beta 1-C globulin concentration: Its relation to the serum hemolytic complement titre. Pediatrics 36: 766-769, 1965. 3. Alper, C.A., Levin, A.S., and Rosen, F.S.: Beta-IC-globulin: Metabolism in Glomerulonephritis. Science 153 (3732) : 180-182, 1966. 4. Vyas, G.N., Levin, A.S., Fudenberg, H.H.: Intrauterine isoimmunization caused by transplacental passage of maternal IGA. Nature 225: 275-276, 1970 5. Levin, A.S., Pipkins, M.O., and Fudenberg, H.H.: A rapid radioimmunoassay for measuring nanogram levels of antigens. Vox. Sane. 18:459-466, 1970. 6. Levin, A.S., Spitler, L.E., Stites, D.P., and Fudenberg, H.H.: A gene tically determined cellular immunologic deficiency: Clinical and laboratory responses to therapy with transfer factor. Proc. Natl. Acad. Sci.USA 6 7 : 321-828, October, 1970. 7. Stites, D.P., Levin, A.S., Austin, K.E., and Fudenberg, H.H.: Immuno biology of Human Lymphoid Cell Lines. Immunoglobulin biosyncheseis in cultures from Hypogamma-globulinemias and Paraproteinemia. J, Immunol. 107: 1376-1381, November, 1971 8. Levin, A.S., Fudenberg, H.H., Hopper, J.E., Nisonoff, A., and Wilson, S.K.: Immunofluorescent evidence for control of synthesis of variable regions of light and heavy chains of IgG and IgM by^the same gene. Proc. Natl. Acad. Sci. USA 6 8 : 169-171, 1971 9. Fudenberg, H.H., Wang, A.C., Pink, J.R.L., and Levin, A.S.: Studies of an Unusual Biclonal Gammopnthy. Ann. N.Y. Acad. Sci. 190:501-506, 1971. 10..Levin, A.S., Fudenberg, H.H., Petz, L.D., and Sharp, G.C.: IgC levels in Cerebrospinal Fluid of Patients with Central Nervous System Lupus. Clin. Immunol, and J. Immunopath. 1: 1-5, 1972 11. Spitler, L.E., Levin, A.S., Huber, H . , and Fudenberg, H.H.: Prediction of Results of Transfer Factor Therapy in the Wiskott-Aldrich Syndrome by Monocyte IgG Receptors. In Proceedings of the Sixth Leukocyte Culture Conference. Academic Press, Inc., New York and London, P.795-803, 1972. 12296 ;\ ( 12. Spider, L.E., Levin, A.S., Scites, D.P., Fudenberg, H.H., Pirofsky, C.S., August, E.R., Stiehm, W.H., Hitzig, H . , and Gatti, R,A. : The WiskottAldrich Syndrome Results of Transfer Factor Therapy. J. Clin. Invest. 51: 3216- 3224, 1972 13. Spth, P., Garraty, G., Levin, A.S., Petz, L.D., Fudenberg, H.H.: Immunhematologiscne Vernderungen bei Cephalosporin-therapie. Verhandlungen der Duetschen Gesselschaft fur innere Medizin, Vol. 78, 914-916, 1972. 14. Fudenberg, H.H., Spider, L.E., and Levin, A.S.: Treatment of Immune Deficiency Disorders. Amer. J. Pathol. 69:529-536, 1972 15. Stites, D.P., Levin, A.S., Lauer, B . , Costom, B.H., Fudenberg, H.H.: Selective "Dysgammaglobulinemia" with elevated serum IgA and chronic salmonellosis. Amer. J. Med. 54:260, 1973 16. Spitler, L.E., Levin, A.S., and Fudenberg, H.H.: Agammaglobulinemia and Lymphopenia without infection: A demonstration of immunologic unknowns. Amer. J. Med. 54: 371-377, 1973. 17. Raubitschek, A.S., Levin, A.S., Stites, D.P., Shaw, E.B., and Fudenberg, H.H.: Normal Granulocyte Infusion Therapy for Aspergillosis in a Patient with Chronic Granulomatous Disease. Pediatrics 51-230-233, February 1973. 18. Wybran, J . , Levin, A.S., Spicier, L.E., and Fudenberg, H.H.: Rosette Forming Cells, Immunological Diseases and Transfer Factor. New England Journal of Med. 228:710-713, 1973. 19. Spitler, L.E., Levin, A.S., and Fudenberg, H.H.: Human Lymphocyte Transfer Factor in "Methods in Cancer Research", H. Busch (ed.) Acad. Press. Ill 5th Ave., New York, N.Y., 59-106, 1973. 20. Levin, A.S., Spicier, L.E., and Fudenberg, H.H.: Transfer Factor Therapy in Immune Deficiency States. Ann. Rev. Med, (invited Review) 2!4_: 1973 21. Levin, A.S., Spitler, L.E., and Fudenberg, H.H.: Immune Deficiency States. Introduction to Clinical Allergy (ed.: B. Feingold) Charles Thomas, Springfield, Illinois, Chapter 19, 346-359, 1973. 22. Spitler, L.E., Levin, A.S., and Fudenberg, H.H.: The Wiskoct-Aldrich Syndrome. In the Science and Practice of Clinical Medicine. J.M. Dietschy, L.E. Early, H.H. Fudenberg, A. Renold, C.A. Sanders, and J.P. Sanford (ed.) New York, 1974. 23. Spider, L.E., Levin, A.S., Fudenberg, H.H.: Transfer.Factor. Clinical Immunology Volume M. (ed. R.A. Good & Each), 2: 153-175, 12297Academic Press, N.Y. 1974. 24. Fudenberg, H.H., Levin, A.S., Spitler, L.E., Wybran, J.E., and Byers, V.S.: Therapeutic Uses of Transfer Factor. Hosnital Practice 9:95-lC4, 1974 \ 25. Levin, A.S., Transfer Factor Therapy: Current Scatus. So. Med. Journal (invited editorial) ^8, 1465-1466, 1975 26. Fudenberg, H.H., Byers, V.S., Levin, A.S., and Hackett, A.J.: Additional evidence for viral etiology of certain human tumors in A.A. Gottlieb, M.D., Fundamental Aspects of Neoplasia. New York: SpringerVerlag, 1974 27. Fudenberg, H.H., Byers, V.S., and Levin, A.S., : Immunologic Evidence for a Viral Etiology of Certain Malignant Tumors, in Perspectives in Virology (Gustav Stern Symposium), New York, February 4-5, 1974. 28. Levin, A.S., Byers, V.S., Fudenberg, H.H., and Wybran, J.: Immunologic Parameters for monitoring immunotherapy with tumor-specific transfer factor. Trans. Assoc. Amer, Phys.,_87, 153-158, 1974 2 9 . -Fudenberg, H.H., Byers, V.S., Levin, A.S., and Hackett, A.J.: Immunologic Evidence for a Viral Etiology of Certain Human Malignant Tumors. Ann. N.Y. Acad. Sci. (In Press, 1975) 30. Wybran, J., Levin, A.S., Fudenberg, H.H., and Goldstein, A.L.: Thymosin: Effects on Normal Human Blood T Cells. Ann. N.Y. Acad. Sci. 249:301-307, 1975 31. Carter, J.B., Ponce, B., Byers, V.S., Barr, G.D., Fudenberg, H.H. and Levin, A.S.: Standardization of tissue culture conditions for spontan eous thymidine-2l4c incorporation by unstimulated lymphocytes: Circadian rhythm in Human Lymphocytes. J. of Allergy and Clinical Immunology 5 6 , 191-196, 1975. 32. Byers, V.S., Levin, A.S., Hackett, A.J., and Fudenberg, H.H.: Tumor specific cell mediated immunity in household contacts of cancer patients. J. of Clin. Invest. 55-500-517, 1975. 33. Levin, A.S., Byers, V.S., Fudenberg, H.H., Hacket^ A.J., Johnston, J.O., and J.E. Wybran: Osteogenic sarcoma: Immunologic' parameters before and during therapy with tumor specific transfer factor. J. Clir.. Invest 55: 487-499, 1975. 34. Levin, A.S., Spitler, L.E., and Fudenberg, H.H.p.' Transfer Factor 1. Methods of Therapy, (end Int. Conf. on Immunodeficiency in Man. St. Petersburg, Fla. 1973), in BIRTH DEFECTS: Original Article Series (Editors: D. Bergsma and R.A. Good), Sinauer, Assoc., Inc., N.Y., 1975. 35. Spitler, L.E., Levin, A.S., and Fudenberg, H.H.: Transfer Factor II. Results of Therapy. (2nd Int. Conf. on Immunodeficiency Disease in Man, St. Petersburg, Fla., 1973), in BIRTH DEFECTS:. Original Article Series (Editors: D. Bergsma and R.A. Good), Sinauer Assoc., Inc., N.Y., 1975. 12298 \ 26. Fisher, i., Byers, V.S., Shafrin, M . , and Levin, A.S.: Relationship of Cu and Zn levels to metastatic events in human bone sarcomas. Cancer, 37, 336-364, 1976. 37. Spitler, L.E., Levin, A.S., and Fudenberg, K.K.: The Wiskott-Aldrich Syndrome: Immunological Studies in Patients and Family Members Cellular Immunology, 19, 201-218, 1975. 38. Byers, V.S., Levin, A.S., Hackett, A.J., and Johnston, J.W.: Quantitative Immunofluorescent Studies on the Tumor Antigen Eearing Cell in Giant Cell Tumor of Bone and Osteogenic Sarcoma, Cancer Research, 35:2520 2531, 1975. 39. Jones, L.W., Levin, A.S., and Fudenberg, H.K.: Glomerular Antigen Complexes Associated with Transitional Cell Carcinoma. Surgery, Gynecology and Obstetrics 140:896-89S, 1975 40. Kaplan, M.A., Byers, V.S., Levin, A.S., German, D., Fudenberg, H.H., and LeCam, L . : Circadian Rhythm in Human Lymphocyte Function. J. Allergy and Clinical Immunology: 58 I, 180-189, 1976. 41. Spitler, L.E., Levin, A.S., and Wybran, J.: Adjuvant Immunotherapy for Malignant Melanoma with BCG and Transfer Factor. Cellular Immunology 21, 1 - 19, 1976. 42. Levin, A.S., Byers, V.S., Hackett, A.J., Johnston, J.O., and LeCam, L.M. Tumor Specific Transfer Factor Therapy in Osteogenic Sarcoma, Immunotherapy in Cancer, Proceedings of ITR-C'nicago, 1975. 43. Byers, V.S., Levin, A.S., Hackett, A.J., Johnston, J.O., and LeCam, L.M. Tumor Specific Transfer Factor Therapy in Osteogenic Sarcoma, A Two-Year Followup Study, Annals of New York Academy of Science, 277, 621-627, 1976. 44. Byers, V.S. and Levin, A.S., Tumor Immunology, in Basic and Clinical Immunology: Eds. Caldwell, J., Fudenberg, H.H., .^tites, D.P. and Wang, A.S., Lange Books, 1976. 45. 'Levin, A.S., Byers, V.S., LeCam, L.M., and Johnston, J.O., An Unusual , Metastasis in an Osteogenic Sarcoma Patient on Tumor Specific Transfer Factor Therapy, Transfer Factor, 537-542, Academic Press, 1976. 46. Byers, V.S., LeCam, L.M., Hackett, A.J., Johnston, J.O. and Levin, A.S.: Familial Incidence of Breast Carcinoma Immunity - A Statistical Survey. Cancer Immunology and Immunotherapy. 2, 163-172, 1977 47. Byers, .S., and Levin, A.S.: Tumor Antigen Density on Osteogenic Sarcoma Cells in Vitro. Cancer Research. 37, 3173-3183, 1977. 12299 I Chun. Shi-Han, Scott, C.R., Giblett, E.F,., Levin, A.S.: Adenosine Deaminase Deficiency: Another Family with a "Silent" Ada Allele and v(>r_,r i A^w^'viny in Two HwCcirozv^onss *\l71iiT*1.C3n J OLIrT".31 of H 1*1 Genetics. Vol. 29, 642-644, 1977. 49. Marmor, M.D., Kelson, J.W . , Levin, A.S.,: Copper Metabolism in American Retinitis Pigmentosa Patients: British Journal of Opthalmology. Vol. 62. 163-171, 1978. 50. Byers, V.S.,. LeCam, L., Levin, A.S., Johnston, J.O., and Hackett, A.J.: Osteogenic Sarcoma: Immunotherapy of Clinically Disease Free Patients with Transfer Factor: Long-Term Follow-up. Cancer Immunology and Immunotherapy - 6_. 243-251, 1979. 51. Byers, V.S., Levin, A.S.: Poison Oak III: Genetic Restriction ir. T Cell Mediated reactivity-journal of Clinical Investieation.-Submitted. 52. Newman, B.R., Byers, V.S., German, D., and Levin, A.S.: Variability of Lymphocyte Function by Serum Factors. Journal of Clinical Laboratory Immunology 2, 151-154, 1979. 53. McGovern, J.J.,Jr., Lazaroni, J.L., Saifer, Phyllis, Levin, A.S., Rap?, D.J., Gardner, R.W.: Clinical Evaluation of the Major Plasma and Cellular Measures of Immunity. Journal of Orthomolecular Psychiatry. VoL. 12, No. 1. , 1933. 54. Eyers, V.S., Baldwin. R.W., Levin, A.S., Embleton, M.J., and Price, M.R. Monoclonal Antibodies: Their Use in the Diagnosis and Treatment of Cancer - In probability Models and Cancer, pp. 15-3^. L. LeCam and J. Key-man (Ecs.) Nor th-Holland, 1982. 55. Binder, R.L., Callaway, E., Levin, A.S., Stites, D.P.: Relationship between Creatine Phosphokinase and Immunoglobulins in Unmedicated Caucasian Schizophrenics. Biological Psychiatry. In Press. 1983. 56. McGovern, J.J.,Jr., Rapp, D.J., Levin, A.S.: PhOsiol Provokes Abnormal Immune Response During Double-Blind Testing. J ,'A,M. A Submitted 1983. 12300 ( ALAN SCOTT LEVIN, M.D. BIBLIOGRAPHY (Abstracts Only) I. Alper, C.A. , Levin, A.S., and Rosen, F.S.: Turnover of an I complement component. J. Clin. Invest. May 1965. labeled 4 2 Levin, A.S., Petz, L.D., Fudenberg, H.H.: Immunoglobulins and C Levels in Normal and CNS-SLE -'Cerebrospinal fluids using new micro radio immuno assays. Abstract presented ASCR Western Regional Meetings. 3. Levin, A.S., Stites, D.P., Spitler, L.E., Sa'nud, M.A. and Fudenberg, H.H.: Induction of "delayed hypersensitivity" in Wiskott-Aldrich patient by transfer factor. Clin. Res. 18:426, April, 1970. 4. Vyas, G.N., Levin, A.S., and Fudenberg, H.H.: Isoimmunization to human IgA in pregnancy. Clin. Res. 18:157, April 1970. 4 5. Levin, A.S., Petz, L. , and Fudenberg, H.H.: IgG and C levels in CSF of patients with active CNS-SLE. Clin. Res. 19:137, June 1971 6. Levin, A.S., Fudenberg, H.H. , Hopper, J.. , and Nisonoff, A.: Immunohistologic investigations of a Siclonal Camopachy: Detection of identical antigen in variable regions of IgG and IgM producing cells. Presented at ASH Meeting, San Juan, P.R. Blood XXXVI (6), 831, 1970. 7. Spitler, L.W. , Levin, A.S., Stites, D.P., and Fudenberg, H.H.: Current status of transfer factor therapy in Wiskott-Aldrich Syndrome. Presented at ASCI Western Regional Meetings, Carmel, Jan. 1971 Clin. Res. XIX (i) 162, 1971 8. Levin, A.S., Weiner, R.S., Fudenberg, H.H., Spath, and Petz, L.: Granulocytopenia caused by anticep'nalothin antibodies. Clin. Res. XIX (2) 424, 1971 9. Levin, A.S,Spitler, L.E., Stites, D.P., and Fudenberg, H.H.: Molecular intervention in genetically determined cellular immune deficiency disorders J. Clin. Invest. 50:59a, 1971 10. Spitler, L.E., Levin, A.S., Fudenberg, H.H., Huber., H. : Abnormal monocyte IgG receptors in the Wiskott-Aldrich Syndrome. Sixth Annual Leukocyte Culture Conference. Academic Press, 1972. II. Spitler, L.E., Levin, A.S., Stites, D.P., Pirofsky, Fudenberg, H.H.: Transfer Factor Therapy in Mucocutaneous Candidiasis. Sixth Annual Leukocyte Culture Conference. Academic Press, 1972 12. Wybran, J., Spitler, L.E., Levin, A.S., and Fudenberg, H.H.: The Rosette Forming Cell as an Indicator of Successful Transfer Factor Therapy in Immuno Deficiencies. Clin, Res, XX (3), 1972 13. Levin, A.S., Spider, L.E., Wybran, J., and Fudenberg, H.H.: Treatment of Osteogenic Sarcoma with Tumor Specific Transfer Factor. Clin. Res. XX (3), 56S, 1972. ,14 Spitler, L.E., Levin, A.S., and Fudenberg, H.H.: Immunologic Evaluation of Patients with Micocutaneous Candidiasis and Results of Transfer Factor Therapy. Clin. Res. XX (3), 519, 1972. 13. Spitler, L.E., Levin, A.S., Blois, M.S., Epstein, W . , Fudenberg, H.H., Hellstrom, I., and Hellstrom, K.E.: Lymphocyte Responses to Tumor Specific Antigens in Patients with Malignant Melanoma and Results of Transfer Factor Therapy. J. Clin. Invest. 16. Uybran, J., Levin, A.S., Spitler, L.E., and Fudenberg, H.H.: The Human Rosette Forming Cell, Transfer Factor and Prognosis of Cancer. Clin. Res XX, (3) 635, 1972. 17. Fcnes, D.W., Mogerman, S.N., Spitler, L.E., Stites, D.P., Shinefield, K.R., Fudenberg, H.H., and Levin, A.S.: Graft Versus Host (GVH) in A Di George Patient: Probable Accelerated Induction of T Cell Competence. Clin. Res. XXI (2) 309. o. Mogerman, S.N., Levin, A.S., Spitler, L.W., Stites, D.P., Fudenberg, H.H and Shinefield, H.R.: Transfer Factor Therapy in X-Linked Recessive Severe Combined Dual System Immune Deficiency Disorder (SCID). Clin. Res. XXI (2) 310. 19. Carter, J.B., Ponce, B.E., Stites, D.P., Levin, A.S., German, D.F., and Fudenberg, H.H.: Spontaneous Thymidine - 2-^'4 C Incorporation by Unscimulated Normal Human Peripheral Lymphocytes _In Vitro: Tissue Culture Conditions and Quantitative Measurements. 2 0 . Carter, J.B., Ponce, B.E., Stites, D.P., Levin, A.S., German, D.Z., and Fudenberg, H.H.: Circadian Cycle of Spontaneous Thymidine-2^ C Incorporation by Unstimulated Normal Human Peripheral Lymphocytes In Vitro. ------- -X 21. Fones, D.W., Levin, A.S., Mogerman, S.M., Spitler, L. E., Stites, D.P., Shinefield, H.R., and Fudenberg, H.H.: Graft Versus Host Followed by Host Versus Graft: Evidence for Accelerated Induction of T-Cell Competence. .* 22: Levin, A.S', v `Spitler, L.E'., Uybran, J., Byers, V.S., and Fudenberg, H.H. Treatment of Osteogenic Sarcoma (OS) with Tumor Specific Dialysable Transfer Factor (TF). Clinical Research, 1973 23. Levin, A.S., Byers, V.S., Fudenberg, H.H., and Uybran, J.E.: Immunologic Parameters for Monitoring Immunotherapy with Tumor Specific Transfer Factor. Clin. Res. 1974. 4T./M . Gardner, R.D., Byers, V.S., Levin, A.S., and Fudenberg, H Frozen Human Lymphocytes: Dissociation between Tumor Spec Cytotoxicity and Mixed Leukocyte Reactivity (MLC Reactivit Clin. P.es. 19 74 . yl'2302 25. Byers, V.S., Levin, A.S., and Fudenberg, H.K. : Dececcion of Tumor Specific Immunity in Normal Household Contacts of Tumor Bearing Patients. Clin. Res. 1974. 26. Levin, A.S., Byers, V.S., Johnston, J.O. , Hackett, A.J., and Fudenberg, H.H.: Host-Tumor Relationships in Giant Cell Sarcoma of Bone (GCS): Measurement by Quantitative Immunofluorescence. Clin. Res. 1974 27. Fudenberg, H.H., Byers, V.S., Levin, A.S., and Hackett, A.J.: Evidence for Viral Etiology of Human Hypernophroma and Osteosarcoma. Perspectives in Virology. In Press, 1974 28. Levin, A.S., Byers, V.S., LeCam, L . , and Johnston, J.O.: Evidence for Regression in Osteogenic Sarcoma Induced by Tumor Specific Transfer Factor. 2nd International Workshop on Transfer Factor. Frederick, M D . , 1975. 29. Hackett, A., Springer, L . , Levin, A.S., and Fink, M . : Transmission and Scanning Electron Microscopic Studies on Osteo Sarcoma Before and After Transfer Factor Therapy. Cancer Research 16:193, 1975 30. Levin, A.S., LeCam, L.M., Hackett, A.J. and Johnston, J.O.: Osteosarcoma (O.S.): 5 Year Followup of Epidemiology and Tumor Specific Transfer Factor Therapy (TSTF). Clin. Res. 1976 31. Levin, A.S., LeCam, L.M., and Agraz, J.M.: Dip-Stick Method of Quanti tative Immunofluorescence. Clin. Res. 1976, 32. Newman, B.R., Byers, V.S., Levin, A.S., and Jarman, D . : Circadian Influences on T. Lymphocyte Function Mediated by Serum Factors. Clin. Res. 1976 33. Levin, A.S., Kassel, S.D., and Flam, M . , A New Diagnostic Index: Collagen Disease vs. Malignancy vs. Infectious Disease. J.A.M.A. 237, 1916, 1977. \ 34. Levin, A.S., and Baldwin, R.W.: Solid Phase Fluoroimmunoassay to Detect Serum Immune Complexes. 6th International Congress on Immunofluorescence, Vienna, Austria. 1978 3-5v Levin, A.S., McGovern, J.J.,Jr., Miller, J.B.', LeCam, L.L., and Lazaroni, J . : Non-Anaphylactic Food Allergies Mediated by Immune Complexes: Ann. Allergy, Abstract in Press. 1981 12303 Dr. Peter Orris is an internist practicing in Chicago, Illinois. His curriculum vitae will be supplied. Dr. Orris will testify as to the clinical aspects of the diseases in the representative plaintiff veterans. His testimony will be based upon a medical records review and an analysis of various test results that will have been performed upon the repre sentative plaintiffs. Dr. Orris will also testify on generic causation and specific proximate causation in relation to each representative veteran plaintiff. He will also testify as to prognosis for each representative veteran plaintiff Marvin A. Schneiderman, Ph.D., of Bethesda, Maryland, is a statistician and epidemiologist who is the former Chief of Statistics and Epidemiology and the former Director for Science Policy of the National Cancer Institute and is currently a consultant. His curriculum vitae is attached. Dr. Schneiderman will testify concerning mathematical models, statistics, and epidemiology in the area of cancer. He will first discuss the epidemiology of dioxins and their contaminants to human cancer insofar as it relates to soft tissue sarcomas, and particularly the EPA pe'ef review group conclusions in regard thereto, stomach cancers and lymphomas. In that regard, he will discuss the relationship of exposure to the time the disease appears, the so-called latency period. He will also discuss the multiplication of base rates in the production of such cancer. Next, Dr. Schneiderman will present a multi-stage model of cancer induction. He will discuss age relationships and the stage of cancer development as they are affected by dioxins and their contaiminants or other materials. He will also present certain pertinent animal data and discuss it as a predictor for human experience. He will also testify that TCDD is more toxic than many other carcinogens, including being more carcinogenic by a factor of 4 or 5 than benzene, for example. He will also explain the concept of risk assessment and how judgments as to such are capable of being made with regard to humans. This will include discussion of a mathematical model for association of the 12305multi-faceted presentation of symptoms and signs in the same veteran to exposure to Agent Orange as a causative factor. rare cancers, presenting a comparison of the onset ages for them in the general population with the ages of onset for the cancers observed in. the Vietnam veterans. He will also discuss the relationship of cancer induction to immune deficiencies or deficits. He will place special emphasis upon lymphomas and soft tissue sarcomas and explain how the ex perience with transplant patients validates his opinions in this regard. Finally, he will discuss the question of a threshold in the induction of cancer. This will include testimony to the effect that there is no "safe" dose for a carcinogen and that a single exposure may cause cancer. He will also discuss the disease-producing behavior of generalized carcinogens, i.e., the chance of a single carcinogen leading to cancer at multiple sites. 12306 MAR V IN A. SCHNEIDERMAN Dr. Schneiderman is a Clement Associates Senior Science Advisor with principal responsibilities in biostatistics, epidemiology, risk assessment, and health surveillance. He has more than 30 years of experience in cancer research and related subjects, and he is the author of more than 130 scientific papers in areas of biostatistics, epidemiology, risk assessment, and science and regulatory policy. During his career with the National Cancer Institute (NCI), he was, successively, Associate Chief of the Biometry Branch, Associate Director for Field Studies (Epidemiology) and Statistics, and Associate Director for Science Policy. In this last position, he was one of the princi pal advisors to the Director of the Institute. Dr. Schneiderman is a member of the adjunct faculty of the Georgetown University Graduate School, and Professor of Biostatistics at the Uniformed Services University of the Health Sciences. He has held teaching positions at the University of Pittsburgh Graduate School of Public Health and the University of Miami (Florida), as well as at the Georgetown University Medical School. He was also a Rockefeller Public Service Fellow at the London School of Hygiene and Tropical Medicine. He has served on a number of expert advisory committees and is or has been an associate editor of Cancer Research, Blood, Journal of the National Cancer Institute, Biometrics, Statistics in Medicine, American Journal of Industrial Medicine, and a number of other'scientific journals DEGREES Ph.D., Statistics, American University, Washington, D.C., 1961 M.S., Statistics, American University, Washington, D.C., 1953 B.S., Mathematics and Statistics, City College of New York, 1939 NON-DEGREE EDUCATION Harvard University Graduate School of Business, 1945 Management sciences, economics, statistics Ohio State University Graduate School, 1946-1947 Economics London School of Hygiene and Tropical Medicine, 1959-1960 Epidemiology, medical research involving humans, controlled trials, biostatistics SCHNEIDERMAN, page 2 1983-present 1981-present 1980-present 1975-present 1980 1978-1980 1970-1978 1967-1978 1966-1975 1960-1970 1960-1965 1959-1960 1955-1959 1948-1955 1939-1948 EMPLOYMENT HISTORY Senior Fellow, Environmental Law Institute, Washington, D.C. Professor (Division of Biometrics), Department of Preventive Medicine, USUHS, Bethesda, Md. Senior Science Advisor, Clement Associates Associate Professor, Graduate Faculty, Georgetown University Expert Consultant, Office of the Director, National Cancer Institute (NCI), National Institutes of Health (NIH) Associate Director for Science Policy, Office of the Director, NCI Associate Director NCI, Field Studies and Statistic Program, Division of Cancer Cause and Prevention, NCI Adjunct Professor, Biostatistics, Graduate School of Public Health, University of Pittsburgh Clinical Associate Professor, Medical Statistics, Georgetown University Medical School Associate Chief, Biometry Branch, NCI Professorial Lecturer, Georgetown University Medical School Rockfeller Public Service Fellow, Statistical Research Unit of the British Medical Research Council, London School of Hygiene and Tropical Medicine Mathematical Statistician and Acting Chief, Therapeutic Trials Section, NCI Mathematical Statistician, Biometrics Section, NCI Private Industry, Military Service (USAF), Other Federal government agencies SCHNEIDERMAN, page 3 HQNOk S Distinguished Lecturer, Lawrence Livermore Laboratories, Univer sity of California, 1982 American Conference of Government Industrial Hygienists, Symposium Speaker Award, June, 1982 Samuel Wilkes Public Lectureship, Princeton University, 1980 Keynote Lecturer, Society of Occupational and Environmental Health, 1979, North Carolina Public Health Association, 1980 Environmental Defense Fund, Public Interest Science Award, 1977 Distinguished Service Award, Department of Health, Education and Welfare (DHEW), 1974 Superior Service Award, DHEW, 1968 Rockefeller Public Service Fellow, London School of Hygiene and Tropical Medicine, 1959-1960 Phi Beta Kappa, 1939 SELECTED ADVISORY COMMITTEES Committee on Toxicity Data Elements, National Academy of Sciences 1981-present Subcommittee on the Geochemical Environment in Relation to Health and Disease, NAS/NRC, 1980-present Science Evaluation Board, National Health and Medical Research Council of Australia, 1980-present American Cancer Society, Analysis and Projections Committee, 19-76-1978, Institutional Grants Committee, 1980-present Science Advisory Board, Howard University Cancer Center, 1979present (External Review Committee) Center for Science in the Public Interest, Board of Directors, 1983-present Food Safety Council, Board of Directors, 1978-1982 f O' v .0 Q Advisory Committee, Biomedical and Environmental AssessmentlJ J Division, Brookhaven National Laboratory, 1978-present SOHNEIDERMAN, page 4 Advisory Committee/ International Cancer Research Data Bank (CIDAC), Franklin Institute, Philadelphia, 1981-present Task Force on Heart Disease Epidemiology, National Heart, Lung, and Blood Institute, 1979-1980 Science Advisory Board, National Center for Toxicological Research, 1974-1979 Ad Hoc Subcommittee on Asbestos-Related Health Problems, Armed Forces Epidemiology Board, 1978-1979 International (American) Chairman, U.S./U.S.S.R. Working Group on the Epidemiology of Cancer, 1973-1979 Committee on Maritime Hazardous Materials, National Academy of Sciences, 1978 Committee to Coordinate Toxicology and Related Programs, DHEW, 1978 President's Biomedical Panel., 1975-1976 Consultative Panel on Hazards of Chemical Pesticides, National Academy of Sciences, 1974-1976 Chairman and Executive Secretary, Committee of Presidents of Statistical Societies, 1973-1976 Board of Directors, American Statistical Association, 1972-1974 International Council, International Biometric Society, 1971-1973 Immunology-Epidemiology Segment, Special Virus Cancer Program, NCI, 1969-1971 Advisory Panel on Carcinogenicity of Pesticides, Secretary's Commission on Pesticides and Their Relationship to Environmental Health, 1969-1970 Chairman, Subcommittee on Medical Biostatistics, American Thera peutic Society, 1967-1968 Subcommittee on Biologic Effects of Atomic Radiation, NAS/NRC, 1964-1965 SCHNEIDERMAN, page 5 SELECTED SOCIETIES American Association for Cancer Research American Society for Preventive Oncology (Founding Member) American Statistical Association (Fellow) Biometric Society (International) International Epidemiological Association Royal Statistical Society (Fellow) Washington Statistical Society American Association for the Advancement of Science (Fellow) International Statistical Institute (Fellow) Society for Occupational and Environmental Health SELECTED PUBLICATIONS Schneiderman, M.A. Standard setting: Implications of sensitivity, and a search for an ethical base. In: Protection of the Sensitive Individual, Annals of the American Conference of Government Industrial Hygienists, 3:133-138 (1982) Schneiderman, M.A. A personal reminiscence (Austin Bradford Hill). Statistics in Medicine 1:307-308. (1982) Schneiderman, M.A. Discussion of "Some Aspects of Cancer Epidemi ology" by Abraham Lilienfeld. Biometrics (Supplement) 38:161-165 (1982) Davis, D.L., Bridbord, K., and Schneiderman, M.A. Cancer preven tion: Assessing cause, exposure, and recent trends in mortality for U.S. males, 1968-1978. Teratogenesis, Carcino genesis and Mutagenesis. Pp. 105-135 (June 1982) Schneiderman, M.A. Trends in cancer mortality and incidence in the United States: Is the future clear or clouded? In Mike, V. , e d . Statistics in Medical Research. John Wiley and Sons, New York. Pp. 71-107 (1982) 'Schneiderman, M.A. Description and reliability of trends in ' cancer incidence. In Magnus, K. Trends in Cancer Incidence. Hemisphere Publishing Corp., Washington, D.C. Pp. 1-2 (1982) Schneiderman, M.A. Cost-benefit, social values and the setting of occupational health standards. In Lee, J.S., and Rom, W.N. eds. Legal and Ethical Dilemmas in Occupational Health. Ann Arbor Science, Ann Arbor, Michigan, pp. 191-205 (1982) SCHNEIDERMAN, page 6 Peto, R. , and Schneiderman, M. , eds. Quantification,.of Occupa tional Cancer: Banbury Report No. 9. Cold Spring Harbor Laboratory, Cold Spring Harbor, New York (1981) . Davis, D.L., Bridbord, K., and Schneiderman, M.A. Estimating cancer risks: Problems in methodology production trends. In Peto, R. , and Schneiderman, M . , eds. Quantification of Occupational Cancer: Banbury Report No. 9. Cold Spring Harbor Laboratory, Cold Spring Harbor, New York. Pp. 285315 (1981) Schneiderman, M.A. Summary comments. In Crandall, R.W., and Lave, R . , eds. The Scientific Basis of Health and Safety Regulation. The Brookings Institution, Washington, D.C. Pp. 297-299 (1981) Schneiderman, M.A. Regulation of carcinogens in an imprecise world. Ann. N.Y. Acad. Sci. 363:217-232 (1981) Schneiderman, M.A. Extrapolation from incomplete data to total or lifetime risks at low doses. Environ. Health Perspect. V. 42, Pp. 33-38 (December 1981) Schneiderman, M.A. Toxic Substances in Our Environment-Can we manage them so that they don 't manage to harm us? Health Forum 81, The Coalition for Health and the Environ ment, Washington, D.C. (1981) Schneiderman, M.A. Epidemiology: What Can it Tell Us? Pro ceedings of the Conference on Environmental Risk, New Orleans, Louisiana, December 10, 1980. The Electric Power Research Institute, Palo Alto, California, EPRI EA-2064, Project 1316-6. Pp. 369 - 3-89 (October 1981) Schneiderman, M.A., Nisbet, I., and Brett, S.M. Assessment of Risks Posed by Low Levels of Asbestos in the General Environment. Berichte: Bundesgesundheitsamt. No. 4, 1981. Dietrich Reimer Verlag, Berlin. Pp. 3/1-3/28 (1981) Schneiderman, M.A., and Levin, D.L. Needs, problems and prospects in cancer epidemiology. In Levin. D.L., ed. Cancer Epidemi ology in the U.S.A. and U.S.S.R. U.S. Department of Health and Human Services, PH S, Bethesda, Maryland. NIH Publication No. 80-2044 (1980) Schneiderman, M.A. The Relationship Between Diet, Occupation, the Environment and Cancer. Proceedings: US/Egypt Symposium on the Biomedical Effects of Technology Transfer, Cairo, Egypt (February 9-13, 1980) (In Press: Environmental Health Perspectives) SCHNEIDERMAN, page 7 Schneiderman, M.A. Scientific Issues in a National Cancer Policy, proceedings of the 4tn Toxic Control Conference. Government Institutes, Inc., Washington, D.C. Pp. 95-107 (1980) Schneiderman, M.A. The uncertain risks we run: Hazardous materials. In Schwin, R.C., and Albers, W.A., Jr., eds. Societal Risk Assessment. Plenum Press, New York. Pp. 19-41 (1980) Schneiderman, M.A. What's Happening to Cancer in our Advanced Industrial Society? Have the Risks been Overstated? Keynote Address: Society for Occupational and Environmental Health, Washington, D.C. (In Press: Proceedings) (December 3-5, 1979) 31okhin, N.N., and Schneiderman, M.A., eds. Epidemiology of Cancer in the USSR and USA. Meditsina, Moscow (Russian) (1979) Schneiderman, M.A., DeCoufle, P., and Brown, C.C. Thresholds for environmental cancer: Biologic and statistical consider ations. Ann. N.Y. Acad. Sci. 329:92-130 (1979) Schneiderman, M.A. Alpha, beta manitonne-- a new industrial material with unknown benefits and risks. In Carcinogenic Risks/Strategies for Intervention. International Agency for Research on Cancer (IARC), Lyon, France. IARC Sci. Publ, 25:237-239 (1979) Schneiderman, M.A. The Links Between the Environment and Health, Proceedings: National Conference on the Environment and Health Care Costs, ,U.S. House of Representatives (August 15, 1978) Biersteker, K. , and Schneiderman, M.A. Epidemiologic Aspects of Drinking Water-Health Relationship. Proceedings of the Health Effects Committee of the NATO committee on challenges of Modern Society. Bonn, W. Germany (Aoril 23- 27, 1978) Schneiderman, M.A., Mason, T.J./ and Hoover, R. Cancer, geography, and geology-- a problem for interdisciplinary cross-fertili zation. In Geochemistry and the Environment. Vol. 3. National Academy of Sciences, Washington, D.C. (1978) Schneiderman, M.A. Legislative possibilities to reduce the impact of cancer. Prev. Med. 7:424-438 (1978) SCHNEIDERMAN, page 8 Sehneiderman, M.A. Water and epidemiology. In Russell, C .S ., ed. Safe Drinking Water: Current and Future Problems. Proceedings of the National Conference on Resources for the Future. Pp. 111-1.48 (1978) Sehneiderman, M.A. Extrapolating animal and microbiological tests to humans. In Coling, G., ed. Environmental Cancer (Causes, Victims, Solutions). Proceedings of a conference of the Urban Environment Coalition, Inc. Pp. 9-11 (1978) Sehneiderman, M.A. Environmental Factors and Cancer Prevention. Marcel Dekker, New York (1978). (Third National Symposium on Detection and Prevention of Cancer, New York (April 26-30, 1976) Sehneiderman, M.A. Risk assessment of the health effects of water chlorination. In Jolley, R.L., Gorchev, H., and Hamilton, D.H., eds. Water Chlorination-- Environmental Impact and Health Effects. Ann Arbor Science Publications, Ann Arbor, Mich. Vol. 2, pp. 509-515 (1978) Sehneiderman, M.A., and Brown, C.C. Estimating cancer risks to a population. Environ. Health Perspeet. 22:115-124 (1978) Sehneiderman, M.A. Eighty percent of cancer is related to the environment. Laryngoscope 88:1-16 (1978) Sehneiderman, M.A. Time Trends in Cancer: United States, 1953-1973. Laryngoscope 88, Supp. 8:1-6 (1978) Fears, T.R., Scotto, J., and Sehneiderman, M.A. Mathematical models of age and ultraviolet effects on the incidence of skin cancer among whites in the United States. Am. J. Epidemiol. 105:420-427 (1977) 'DeVesa, S.S., and Sehneiderman, M.A. Increase in the number of cancer deaths in the United States. Am. J. Epidemiol. " 106:1-5 (1977) Sehneiderman, M.A. The numerate sciences-- epidemiology and biometry. JNCI 59:633-644 (1977) Sehneiderman, M.A., and Levin, D.L. Epidemiology of cancer and tobacco use: Trends and trend indicators. In Steinfield, J., Griffiths, W . , Ball, K . , and Taylor, R.M., eds. Smoking and Health: II. Health Consequences, Educa tion, Cessation Activities, and Governmental Action. Proceedings of the Third World Conference on Smoking and Health, New York. Pp. 73-84 (1977) 12314 SCHNEIDERMAN, page 9 Schneiderman, M.A. Health effects-- a scientific and.statistical analysis. In Miller, M.L., ed. Proceedings of the First Toxic Substances Law Seminar. Washington, D.C. .(1977) Levin, D.L., and Schneiderman, M.A. Cancer. In Miller, S.S., ed. Symptoms. Thomas Y. Crowell, New York (1976) Fears, T.R., Scotto, J., and Schneiderman, M.A. Skin cancer, melanoma, and sunlight. Am. J. Public Health 66:461-464 (1976) Schneiderman, M.A. Carcinogenesis as an end point in health impact assessment. In Anderson, E.C., and Sullivan, E.M., eds. Impact of Energy Production on Human Health: An Evaluation of Means of Assessment. National Technical Information Service, Springfield, Va. Pp. 65-74 (1976) Schneiderman, M.A. Sources, resources, and tsouris. In Fraumeni, J.F., ed. Persons at High Risk of Cancer: An Ap proach to Cancer Etiology and Control. Academic Press, New York (1976) Hoel, D.C. , Gaylor, D.W., Kirschstein, R.L., Saffiotti, U., and Schneiderman, M.A. Estimation of risks of irreversible, delayed toxicity. J. Toxicol. Environ. Health 1:133-151 (1975) Mantel, N . , and Schneiderman, M.A. Non-parametric interval estimation of relative potency for dilution assays, includ ing the case of non-monotone dosage response curves. Biometrics 31:619-632 (1975) Mantel, N. , and Schneiderman, M.A. Estimating "safe" levels-- a hazardous undertaking. Cancer Res. 35:1379-1386 (1975) Schneiderman, M.A., Mantel, N., and Brown, C.C. From mouse to man-- or how to get from the laboratory to Park Avenue and 59th Street. Ann. N.Y. Acad. Sci. 246:237-248 (1975) Schneiderman, M.A. How do you know you've done any better? Cancer 35:64-68 (1975) Schneiderman, M.A. Digestive system cancer among persons sub jected to occupational inhalation of asbestos particles: A literature review with emphasis on dose response. Environ. Health Perspect. 9:307-311 (1974) Schneiderman, M.A. Safe dose? The problems of the statistician in the world of trans-science. J. Wash. Acad. Sci. 64:68- 78 (1974) 12315 SCHNEIDERMAN, page 10 Fears. T.R. . and Schneiderman, M.A. Pathologic evaluation and the blind technique. Science 183:1144-1145 (1974) Elashoff, R.M., Sobel, M. , and Schneiderman, M .A . A proposal for economical first stage screening for tumorigens with a posssible "joint action" bonus. In Pratt, J.W., ed. Statistical and Mathematical Aspects of Pollution Problems. Marcel Dekker, New York (1974) Van Belle, G., and Schneiderman, M.A. Some statistical aspects of pollution and protection. Int. Stat. Rev. 41:315 (1973) Wynder, E.L., and Schneiderman, M.A. Exogenous hormones-- boon or culprit? JNCI 51:729-731 (1973) Gehan, E.A., and Schneiderman, M.A. Experimental design of clinical trials. In Holland, J.F., and Frei, E., eds. Cancer Medicine. Lea and Febiger, Philadelphia. Pp. 499519 (1973) Schneiderman, M.A., and Mantel, N. The Delaney clause and a scheme for rewarding good experimentation. Prev. Med. 2:165-170 (1973) Schneiderman, M.A., and Levin, D.L. Parallels, convergences, and departures in case-control studies and clinical trials. Cancer Res. 33:1498-1503 (1973) Graham, S., and Schneiderman, M.A. Social epidemiology and the prevention of cancer. Prev. Med. 1:371-379 (1972) Scotto, J., and Schneiderman, M.A. Predicting survival in terminal cancer. Br. Med. J. 4:50 (1972) Schneiderman, M.A., and Levin, D.L. Trends in lung cancer: Mortality, incidence, diagnosis, treatment, smoking and urbanization. Cancer 30:1320-1325 (1972) Johnson, R.E., Thomas, L.B., Schneiderman, M.A., Glenn, D.w.., Faw, F., and Habermann, M.D. Preliminary experience with total nodal irradiation in Hodgkin's disease. Radiology 96:603-608 (1970) Schneiderman, M.A., and Scotto, J. Computer-Investigator Inter actions in Small-Scale Clinical Trials. Proceedings of the Fifth Scientific Meeting of the International Epidemiol ogy Association, Primosten, Yugoslavia. Pp. 449-467 -(1970) f m o r> r ,,t i K SCHNEIDERMAN, page 11 Gold, G.L., Shnider, B.I., Salvin, L.G., Schneiderman, M.A., Colsky, J., Owens, A.K., Krant, M.J., Miller, S.'p., Frei, E., Ill, Hall, T.C., Spurr, C.L., McIntyre, O.R., Hoogstraten, 3. and Holland, J.F. The use of mechlorethamine, cyclophospha mide, and uracil mustard in neoplastic disease: A coopera tive study. J. Clin. Pharmacol. 10:110-120 (1970) Schneiderman, M.A. How to read the drug literature-- or any other organized collection of numbers from experiments. Mod. Med. 37:92-96 (1969) Malmgren, R.A., Bennett, J.M., DelVecchio, P.R., DeWhitt, S.H., Feld, M., Kazam, E . , and Schneiderman, M.A. Evaluation studies of peripheral blood leucocyte changes in malignancv, Acta Cytol. 13:149-153 (1969) Schneiderman, M.A. Quantitative thinking in medicine-- biosta tistics. (Using numbers to mark the route from cause to effect and back.) In Cantor, ?., ed. Traumatic Medicine and Surgery for the Attorney. Matthew Bender, New York. ?p. 419-477 (1969) Givelber, H., DiPaolo, J.A., and Schneiderman, M.A. The influence of actinomycin D on survival of x-radiated RF mice. Cancer Res. 28:2484-2488 (1968) Pipberger, H.V., Schneiderman, M.A., and Klingeman, J.D. The love-at-first-sight effect in research. Circulation 38:822825 (1968) Carbone, P.P., Spurr, C., Schneiderman, M.A., Scotto, J., Holland, J.F., and Shnider, B. Management of patients with malignant lymphoma: A comparative study with cyclophosphamide and vinca alkaloids. Cancer Res. 28:811-822 (1963) Hall, T.C., Nevinny, H.B., Holland, J.F., Maldia, G . , Schneiderman M.A., Salvin, L . , Shnider, B.I., Gold, G.L., Frei, E., Ill, Carbone, P.P., Colsky, J., Franzino, A., Grob, D., Matiasevic, D., Olson, K.3., Horton, J., Owens, A., Santos, ' G.W., Chalmers, T.C. , and Krant, M.J. Comparison of anti'r metabolites in the treatment of breast and colon cancer. JAMA 200:770-778 (1967) Schneiderman, M.A. The Shin Tokaido to developing new treatments in medicine: Unbiasedness. In Harris, R.J.C., ed. Pro ceedings of the 9th International Cancer Congress. SpringerVerlag, Heidelberg. Pp. 194-198 (1967) Bull, B.S., Schneiderman, M.A., and Brecher, G. Semi-automatic dilution system for the hematology laboratory. Am. J. Clin. Pathol. 47:549-553 (1967) 12317 SCHNEIDERMAN, page 12 Schneiderraan, M.A. Mouse to man: Statistical problems in bringing a drug to clinical trial. In LeCam, L . , and Neyman, J., eds. Biology and Problems of Health. Univer sity of California Press, Berkeley. Vol. 4, pp. 855-866 (1967) Schneiderraan, M.A. Non-objective art and objective evaluation of cancer chemotherapy. In Brodsky, I., and Kahn, S.B., eds. Cancer Chemotherapy. New York, Grue and Stratton. Pp. 67-76 (1967) Spurr, C.L., Carbone, P.P., and Schneiderraan, M.A. Comparative evaluation of cyclophosphamide and vinca alkaloids in lymphomas. Proceedings of the 57th Annual Meeting of the American Association of Cancer Research 7:67 (1966) Myers, M.H., Schneiderman, M.A., and Armitage, P. Boundaries for closed (wedge) sequential t-test olans. Biometrika 53:431-437 (1966) Schneiderman, M.A. Experimental design considerations in multi clinic trials. In Radouco-Thomas, C., exec. ed. Interna tional Encyclopedia of Pharmacology and Therapeutics. Pergamon Press, Oxford. Vol. 2, pp. 617-636 (1966) Schneiderman, M.A. The value of controlled trials. In Hayward, J.L., and Bulbrook, R.D., eds. Clinical Evaluation in Breast Cancer. London, Academic Press. Pp. 249-259 (1966) Cutler, S.J., Greenhouse, S.W., Cornfield, J., and Schneiderman, M.A. The role of hypothesis testing in clinical trials. J. Chron. Dis. 19:857-882 (1966) Bourgeois, L.D., Hart, L.J., Herman, L.G., Schneiderman, M.A., and Young, V.M. Effect on varying preincubation and diffu sion times and antibiotic disc susceptibility testing. In Day, R.A., ed. Antimicrobial Agents and Chemotherapy-- 1965. Waverly Press, Baltimore. Pp. 283-288 (1966) Schneiderman, M.A., and Krant, M.J. What shall we measure on whom: Why? Cancer Chemother. Rep. 50:107-112 (1966) Dawson, J.M., Hall, T . C . , Schneiderman, M.A., Shnider, B.I., Owens, A.H., Andrews, J.R., Baxter, D.H., Brenner, S., Hunter, C., Levene, M.B., Sheehan, F.R., and White, G. The objective evaluation of change in tumor size in lung cancer patients with non-measurable disease. Cancer 19:415-420 (1966) 1.2318 S C H N E I D E R M A N , page 13 S c h n e i d e r m a n M . A . Looking backward: Is it worth the crick in the neck? Or: Pitfalls in using retrospective data. AJR 96:230-235 (1966) Bull, B.S., Schneiderman, M.A., and Brecher, G. Platelet counts with the Coulter counter. Am. J. Clin. Pathol. 45:678-688 (1965) Schneiderman, M.A. How can we find an optimal dose? Toxicol. Appl. Pharmacol. 7, Supp. 2:44-53 (1965) Schneiderman, M.A. The optimal dose and the ranking of drugs. J. Oral Ther. Pharmacol. 2:118-119 (1965) Carbone, P.P., Krant, M.J., Miller, S.P., Hall, T.C., Shnider, Colsky, J., Horton, J., Hofley, H., Miller, J.M., Frei, E.J., III, and Schneiderman, M.A. The feasibility of .using randomization schemes early in the clinical trials of new chemotherapeutic agents: Hydroxyurea (NSC-32065). Clin. Pharmacol. Ther. 6:17-24 (1965) 3 Schneiderman, M.A. The proper size of a clinical trial: "Grand ma's strudel" method. J. New Drugs 4:3-11 (1964) Schneiderman, M.A. Defensive design of clinical trials. In Sternberg, T.H., and Newcomer, V.D., eds. The Evaluation of Therapeutic Agents and Cosmetics. McGraw-Hill, New York. Pp. 66-73 (1964) Schneiderman, M.A., Myers, M.H., Sathe, Y.S., and Koffsky, P. Toxicity, the therapeutic index, and the ranking of drugs. Science 144:1212-1214 (1964) Schneiderman, M.A. Is it really bad? A proposal for the toxi city-testing of drugs. J. Soc. Cosmetic Chem. 14:227232 (1963) Schneiderman, M . A . , and Armitage, P. Closed sequential t-tests. Biometrika 49:359-366 (1962) Brecher, G. , Jakobek, E.F., Schneiderman, M.A., Williams, G.Z., and Schmidt, P.J. Size distribution of erythrocytes. Ann. N.Y. Acad. Sci. 99:242-261 (1962) Schneiderman, M . A . , and Armitage, P. A family of closed sequen tial procedures. Biometrika 49:41-56 (1962) Schneiderman, M.A. The clinical excursion into 5-fluorouracil. J. Chron. Dis. 51:283-295 (1962) SCHNEIDERMAN, page 14 Schneiderman, M.A. Controlled clinical trials; Monday's count down for Tuesday's launching. J. New Drugs 1:250-255 (1961) Schneiderman, M.A. Statistical problems in the screening search for anticancer drugs by the National Cancer Institute of the United States. In Quantitative Methods in Pharmacol ogy. North Holland Publishing Co., Amsterdam. Pp. 232247 (1961) Zubrod, C.G., Schneiderman, M.A., Frei, E . , III, Brindley, G. , Gold, G.L., Shnider, B., Oviedo, R . , Gorman, J., Jones, R., Jr., Jonsson, G . , Colsky, J . , Chalmers, T . , Ferguson, B., Dederick, M . , Holland, J., Selawry, O., Regelson W . , Lasagna, L., and Owens, A.H. Appraisal of methods for the study of chemotherapy of cancer in man; Comparative therapeutic trial of nitrogen mustard and triethylene, thiophosphoramide. J. Chron. Dis. 11:7-33 (1960) Leiter, J., Wodensky, I., Bourke, A.R., and Schneiderman, M.A. Screening data from the Cancer Chemotherapy National Service Center screening laboratories, III. Cancer Res. 19:488575 (1959) Leiter, J., and Schneiderman, M.A. Screening data from the Cancer Chemotherapy National Service Center screening laboratories. Cancer Res. 19:31-279 (1959) Schneiderman, M.A. Mathematical models in the regulation of granulocyte production. In Stohlman, F., Jr., ed. Kinetics of Cellular Proliferation. Grue and Stratton, New York. Pp. 259-264 (1959) 3rindley, C.O., Markoff, E . , and Schneiderman, M.A. Direct observations of lesion size and number as a method of following the growth of human tumors. Cancer 12:139-146 (1959) Freireich, E.J., Schmidt, P.J., Schneiderman, M.A., and Frei, E., III. A comparative study of the effect of transfusion of fresh and preserved whole blood on bleeding in patients with acute leukemia. N. Eng. J. Med. 260:6-11 (1959) Armitage, P., and Schneiderman, M.A. Statistical problems in mass screening program. Ann. N.Y. Acad. Sci. 76:896- 12320908 (1958) Frei, E . , III, Holland, J.F., Schneiderman, M.A., Pinkel, D., Selkirk, G . , Freireich, E.J., Silver, R.T., Gold, G.L., and Regelson, W.A. A comparative study of two regimens of combination chemotherapy in acute leukemia. Blood 13:1126-1148 (1958) SCHNEIDERMAN, page 15 Schneiderman, M.A. Epidemiology of carcinoma of the.breast. Med. Ann. Dist. Columbia 27:275-280 (1958) Silver, R.T., Beal, G.A., Schneiderman, M.A., and McCullough, N.B The role of the mature neutrophil in bacterial infections in acute leukemia. Blood 12:814-821 (1957) Stohlman, F. , Jr., Brecher, G . , Schneiderman, M.A., and Cronkite, The haemolytic effect of ionizing radiation and its relation ship to the hemorrhagic phase of radiation injury. Blood 12:1061-1085 (1957) Brecher, G., Schneiderman, M . A . , and Williams, G.Z. Evaluation of an electronic red blood cell counter. Am. J. Clin. Pathol. 26:1439-1449 (1956) Olivier, L., and Schneiderman, M.A. A method for estimating the density of aquatic snail populations. E x d . Parasitol. 5:109-117 (1956) Stohlman, F . , Jr., and Schneiderman, M.A. Application of the cr3 technique to the study of experimental hemolysis in the dog. J. Lab. Clin. Med. 47:72-87 (1956). Cutler, S.J., Schneiderman, M.A., and Greenhouse, S.W. Some statistical considerations in the study of cancer in industr Am. J. Public Health 44:1159-1166 (1954) Prehn, R.T., Main, J.M., and Schneiderman, M.A. Factors influ encing tumor distribution among the mammary glands of the mouse. JNCI 14:895-904 (1954) Olivier, L., and Schneiderman, M.A. Acquired resistance to schistosoma Mansoni infection in laboratory animals. Am. J. Trop. Med. H y g . 2:298-306 (1953) Brecher, G., Schneiderman, M . A . , and Cronkite, E.P. The reproduc ibility and constancy of platelet counts. Am. J. Clin. Pathol. 23:15-26 (1953) Heston, W.E., and Schneiderman, M.A. Analysis of dose-response in relation to mechanism of pulmonary tumor induction in mice. Science 117:109-111 (1953) Plum, C.M., Clemmesen, J., and Schneiderman, M.A. In vitro study of bone marrow v. erythropoiesis of bone marrow from cases of pernicious anemia and leukosis, Acta Med. Scand. 143:237-248 (1952) 12321 Dr. Ellen Silbergeld, Ph.D.f is an environmental scientist and toxicologist who is the Chief Toxicologist for the Environmental Defense Fund and a Research Scientist in the Reproductive Toxicology Laboratory of the National Institutes of Health in Bethesda, Maryland. Her curriculum vitae is attached. Dr. Silbergeld will testify as to the scientific models for TCDD toxicity. She will emphasize the receptor model, its role in physiology, how to detect receptors and how to link receptors to function. She will discuss how receptors recognize TCDD by virtue of structural "fine-tuning". She will testify as to the existence of receptors in humans and in their various organs, together with the implications' of their presence for TCDD potency. She will also discuss the extrapolations which are possible between animals and humans. She will further testify as to the mechanisms of toxicity including the sensitivity of the reproductive system, both endocrine and gonadal, to the receptor-mediated effects of TCDD. Finally, she will discuss the consequences of receptor inter action with TCDD insofar as that interaction produces results involving RNA-DNA, AHH induction, and heme synthesis regulation, among others. In the field of neurotoxicity, she will discuss the experimental and clinical studies with particular emphasis upon dose-response mechanisms, acute versus chronic exposures and early versus long latency effects. She will also discuss the 12322 SCHNEIDERMAN, page 16 Schneiderman, M.A. , Mantel,. N. , and Brecher, G, The effect of rejection procedures on the accuracy of blood counts. Am. J. Clin. Pathol. 21:973-978 (1951) Schneiderman, M.A., and Brecher, G. The relative frequency of sparse cell elements-- an application to reticulocyte blood counts. Biometrics 6:390-394 (1950) Brecher, G., and Schneiderman, M.A. A time saving device for the counting of reticulocytes. Am. J. Clin. Pathol. 20:1074-1083 (1950) Williamson, C.R., and Schneiderman, M.A. The use of mass x-ray survey films for heart disease case finding. Mass. Health J 30:7-14 (1950) 12323 biochemical and morphological effects of TCDD, the electro physiology involved and the effects of TCDD on such things as cognition, mood, and affect. She will also emphasize the basic mechanisms of toxicity on both the central and peripheral nervous systems, specifically dealing with the role of altered porphyrin synthesis on the nervous system. Three aspects of this problem will be discussed: First, the effects of decreased cellular energy supply on neuronal activity and viability; second, the effects of decreased heme systhesis on the integrity of myelin; and third, the neuroactive properties of certain porphyrin precursors. 12324 CURRICULUM VITAE Name: _ -Ellen Kovner Silbergeld Date and Place of Birth: July 29. 1945. Washington. DC Education: 1967 - A.B. 1972 - Ph.D. Vassar College Johns Hopkins University Chronology of Employment: 1967 1968- 1969-71 1972-75 1975 1975-79 1979-81 1982 Instructor. California International Summer Program. Uppsala Sweden 7S0ecretary and Program Officer. National Academy of Sciences. National Research Council. Washington. DC "Nader's Raiders". Center for the Study of Responsive Lav. Washington. DC Postdoctoral Fellow in Environmental Medicine and Neurosciences. Johns Hopkins University. Baltimore. Maryland Assistant Professor. Department of Environmental Medicine. School of Hygiene and Public Health. Johns Hopkins University Staff Fellow and Head. Unit on Behavioral Neuropharmacology. Experimental Therapeutics Branch. NINCDS.NIH Chief. Section on Neurotoxicology. NINCDS.NIH Chief Toxics Scientist, Environmental Defense Fund. Washington. DC Guest Scientist. Reproductive Toxicology Section. Pregnancy Research Branch. NICHD.NIH Other Professional Appointments: Consultant. NSF Energy Program. 1974-1975 Member. Nutrition Foundation National Committee on Food Additives and Hyperkinesis. 1975-1980 Member. USDHEW-FDA Committee to Coordinate Toxicology and Related Programs. 1977-1981 Member. US Delegation of the Joint US-USSR Health Agreement on Environmental Health. 1977-78 Member. Society for Neuroscience Committee on Social Issues, 1978 Member. OECD Chemicals Program Ad Hoc Expert Review Committees on Reproductive Toxicity and Neurotoxicity. 1982 - 1</wO/ QVCU; Member, Member. Member. Member, Member. Member. US Delegation to OECD Expert Meetings on Existing Chemicals. 1983 Hazardous Waste Task Force and Hazardous Waste Facilities siting Board. State of Maryland. 1983 Govenor's Blue Ribbon Panel on Binghamton. NY, State Office Building. 1982 Executive Committee, Science Advisory Board. US EPA. 1983 Board on Toxicology and Environmental Health Hazards. National Academy of Sciences. 1983 Public Policy Committee. American Society for Neurochemistry. 1983 - Professional Society Memberships: American Public Health Association Society for Occupational and Environmental Health Society for Neuroscience Association of Women in Science American Association for the Advancement of Science International Brain Research Organization American Society for Neurochemistry American Society for Pharmacology and Experimental Therapeutics Engineering Society of Baltimore Other Activities Secretary-Treasurer. Society for Occupational & Environ mental Health. 1983- Editorial Board: Neurobehavioral Toxicology. 1979American Journal of Industrial Medicine. 1980Neurotoxicology. 1981Environmental Research. 1983Hazardous Waste. 1983 - Participant. NIH Consensus conferences. 1979 and 1982 Expert consultant on lead poisoning. U.S. Secret Service. 1979-81 Chairperson. Society for Occupational and Environmental Health Special Committee on El Paso Lead Poisoning. 1977-1979 Preceptor. NIGMS Pharmacology-Toxicology Research Asso- ciateship Program. 1977-1981 Graduate board examiner. University of Pittsburgh and University of Toronto Lecturer, continuing medical education courses in environ mental medicine (Johns Hopkins) and occupational medicine (NIOSH) 2 12326 Elected councillor, NIMH-NINCDS Assembly of Scientists, 1979- 1981 Elected representative. NINCDS EEO Committee. 1977-1980 Co-^organizer. Women in Neuroscience Member, Solovey Lectureship selection committee. NIH. 1980- 1981 Environmental Health Consultant, Oil. Chemical and Atomic Workers Union. APL-CIO. Washington. D.C.. 1970 Reviewer. EPA documents on lead, manganese. mercury, dioxin, risk assessment, and exposure. 1981Ad Hoc Member. Occupational Safety and Health Study Section. NIOSH. 1983Member. NIMH Committee on Frontiers of Neuroscience. 1983Grants reviewer. National Foundation - March of Dimes; National Science Foundation; Nutrition Foundation; Thrasher Foundation; Hereditary Diseases Foundation. NIH Manuscript reviewer. Life Sciences. Biochemical Pharmacology. Environmental Journal Pharmacology. Science, Neurotoxicology. Neurobehavioral Toxicology Teratology. Pharmacology Biochemical Behavior. Procs. Society Experimental Biological Medicine. Experimental Neurology, etc. Honors and Awards: Graduated summa cum laude, 1967 elected to Phi Beta Kappa. 1967 undergraduate academic scholarship. 1963-1965 Woodrow Wilson National Foundation Fellow. 1967-1968 Leverhulme and Fulbright Fellowships to University of London. 1967 National Science Foundation Graduate Traineeship. 1968-1972 Public Health Service Research Fellowship to Woods Hole. 1970 Rockefeller Foundation predoctoral research fellowship. 1971-1972 NIH postdoctoral fellowship in environmental health sciences, 1972-1972 Joseph P. Kennedy, Jr. Fellowship in neurosciences. 1974-1975 Pharmaceutical Manufacturers Association Foundation Research Starter Award, 1974-1975 National Academy of Sciences Exchange Fellow to Yugoslavia, 1976 George Miller lectureship in environmental studies. University of Illinois. 1984 Professional Interests: Neuropharmacology & Toxicology Environmental Risk Assessment 3 12327 BIBLIOGRAPHY ELLEN KOVNER SILBERGELD A. SCIENTIFIC PUBLICATIONS 1. Silbergeld. E.K.: Dieldrin: Effects of chronic sublethal exposure on adaptation to thermal stress in a freshwater fish. Environ. Sci. Technol. 7:846-849. 1973. 2. Silbergeld, E. K.: and Goldberg. A.M.: A lead-induced behavior disorder. Life Sci. 13(9):1275-1283. 1973. 3. Silbergeld. E. K.: Blood glucose: A sensitive indicator of environmental stress in fish. Bull. Environ. Contam. Toxicol 11(1):20-25. 1974. 4. Silbergeld. E. K.. Fales. J. T. and Goldberg. A.M.: Lead: Evidence for a prejunctional effect on neuromuscular function. Nature 247:49-50. 1974. 5. Silbergeld. E. K.. Fales. J. T. and Goldberg. A.M.: Lead: The effects of inorganic lead on the neuromuscular junction. Neuropharmacology 13.:146-157. 1974 . 6. Silbergeld. E. K. and Goldberg. A.M.: Lead induced behavioral dysfunction: An animal model of hyperactivity. Exp. Neurol. 42.: 146-157, 1974. 7. Silbergeld. E. K. and Goldberg. A.M.: Hyperactivity: A lead induced behavior disorder. Environ. Health Persp. 7:227-232. 1974. 8. Silbergeld. E. K. and Goldberg. A.M.: Pharmacological and neurochemical investigations of lead induced hyperactivity. Neuropharmacology 14.:431-444. 1975. 9. Morrison. J. H. . Olton. D. S.. Goldberg. A.M. and Silbergeld. E. K . : Alteractions in consummatory behavior of mice produced by dietary exposure to inorganic lead. Dev. Psychobiol. 8.(5): 389-396. 1975. 10. Silbergeld, E.K.: Neurochemical and pharmacological studies of central nervous system lead toxicology. In Carnow, B.W. (ed.): Health Effects of Occupational Lead and Arsenic Exposure. USDHEW. PHS, CDC. NIOSH. Washington. D.C.. pp. 74-85. 1976. 4 12328 11. Silbergeld. E. K. and Chisolm, J. J.. Jr.: Lead poisoning: Altered urinary catecholamine metabolites as indicators of intoxication in mice and children. Science 1921153-155. 1976. 12. Fitzgerald. R. S.. Garfinkel. F.. Silbergeld. E. K. and Loscutoff, S.C.: Factors in the interpretation of mouth occlusion pressure during measurements of chemosensitivity. Chest 20.(1): 145-149. 1976. 13. Silbergeld. E. K. and Goldberg. A. M.: Hyperactivity. In Goldberg, A.M. and Hanin. I. (eds): Biology of Cholinergic Function. Raven Press'. New York, pp. 619-645. 1976. 14. Silbergeld. E. K.: Interactions of lead and calcium on the synaptosomal uptake of dopamine and choline. Life Sci. 20(2) *.309-318. 1977. 15. Carroll. P. T.. Silbergeld. E. K. and Goldberg. A. M . : Alteration of central cholinergic function by chronic lead acetate exposure. Biochem. Pharmacol. 2^:397-402. 1977. 16. Silbergeld. E. K. and Pfeiffer. R. F.: Differential effects of three dopamine agonists: Apomorphine. bromocriptine and lergotrile. J. Neurochem. 28:1323-1326. .1977. 17. Silbergeld. E. K.: Na+ regulates release of Ca++ sequestered in synaptosomal mitochondria. Biochem. Biophys. Res. Comm. 77.(2) :464-469. 1977. 18. Silbergeld, E. K.. Adler, H. S. and Costa. J. L.: Subcellular localization of lead in synaptosomes. Res. Comm. Chem. Pathol. Pharmacol. 17.:715-725. 1977. 19. Goldberg. A. M. and Silbergeld, E. K.: Animal models of hyperactivity In Hanin. I. and Usdin, E. (eds.): Animal Models of Psychiatry and Neurology. Pergamon Press. New York. pp. 371-384. 1977. 20. Silbergeld. E. K.. Adler. H. S.. Kennedy. S. and Caine. D. B . : the roles of presynaptic function and hepatic drug metabolism in the hypothermic actions of some novel dopaminergic agonists. J. Pharm. Pharmacol. 29:632-635. 1977. 5 12329 21. Silbergeld. E. K.: Neuropharmacology of hyperkinesis, in Valzelli. L. and Essman. W. B. (eds.): Current Developments in Psvchopharmacology. vol. 4, pp. 181-214. 1977. 22. Silbergeld. E. K. and Adler. H. S.: Subcellular mechanisms of lead neurotoxicity. Brain Res. 148(2):451-567. 1978. 23. Silbergeld. E. K . . Carroll. P. T. and Goldberg. A. M . : Neurotoxicity of lead: A review of experimental studies. Proc. International Conference on Heavy Metals in the Environment. University of Toronto Press. Toronto, Canada, pp. 213-228. 1978. 24. Silbergeld, E. K. and Costa, J. L.: synaptosomal calcium metabolism studies by electron microprobe analysis. Exp. Neurol. 61:277-292. 1979. 25. Caine, D. B.. Kebabian. J., Silbergeld. E. K. and Evarts. E.: Advances in the neuropharmacology of Parkinsonism. Ann. Int. Med. 90(2):219-229. 1979. 26. Silbergeld. E.K. and Walters, J.R.: Synaptosomal uptake and release of dopamine in substantia nigra: effects of GABA and substance P. Neurosci. Lett. 11:119-126. 1979. 27. Walsh. M.J. and Silbergeld. E.K.: Rat rotation monitoring for pharmacology research. Pharmacol. Biochem. a Behavior 10:433-436. 1979. 28. Hruska. R.E., Kennedy. S.. and Silbergeld. E.K.: Quantitative aspects of normal locomotion in rats. Life Sciences 15:171-179. 1979. 29. Hruska, R.E. and Silbergeld. E.K.: Abnormal locomotion in rats after bilaterial intrastriatal injection of kainic acid. Life Sciences 25.:181-193, 1979. 30. Silbergeld. E.K.. Hruska. R.E.. Weir. R.. and Kennedy, S.W.: Dopaminergic and serotonergic effects of ergot drugs. In: Fuxe. K. and Caine, D.B.. eds. Dopaminergic Ergot Derivatives and Motor Function. Pergamon. Oxford, pp. 223-235. 1979. il. Lafferman. J.A.. and Silbergeld. E.K.: Erythrosin B inhibits dopamine transport in rat caudate synaptosomes. Science 205:410-412. 1979. 306 OQ 32. Silbergeld. E.K.. Miller. L.P., Kennedy. S.. and Eng. N . : Lead. GABA and seizures: effects of subencephalopathic lead exposure on seizure sensitivity and GABAergic function. Environ. Res. 19.:371-382, 1979. 33. Silbergeld. E.K. and Hruska. R.E.: Effects of ergot drugs on serotonergic function: behavior and neurochemistry. Eur. J. Pharmacol. 58.:1-10. 1979. 34. Silbergeld. E.K. and Hruska. R.E.: Effects of kainic acid on behavioral and biochemical aspects of cholinergic function. In: Chase. T.N.. Wexler. N.S.. and Barbeau. A., eds.. Advances in Neurology, Vol. 23 (Huntington's Disease). Raven, N.Y.. pp. 633-644, 1979. 35. Silbergeld. E.K. and Hruska. R.E.: Lisuride and LSD: Dopaminergic and serotonergic interactions in the "serotonin syndrome". Psychopharmacology 6.5:233-237, 1979. 36. Silbergeld. E.K. and Hruska. R.E.: Tremor: Role of striatal cholinergic neurons and the effect of intrastriatal kainic acid. Neurosci. Letters 15:235-242. 1979. 37. Silbergeld. E.K. and Goldberg. A.M.: Problems in experimental studies of lead poisoning. In Singhal. R.D. and Thomas. J.A. (eds.): Lead Toxicity. Baltimore: Urban and Schwartzenberg,. pp. 19-42, 1980. 38. Hruska. R.E. and Silbergeld, E.K.: Estrogen treatment enhances dopamine receptor sensitivity in the rat striatum. Eur. J. Pharmacol. 2:397-400. 1980. 39. Silbergeld, E.K.. Goldstein. G.W.. and Wolinsky. J.: Electron probe microanalysis of isolated brain capillaries poisoned with lead. Brain Res. 189:369-376. 1980. 40. Silbergeld. E.K.. Hruska. R.E.. Miller. L.P.. and Eng. N . : Effects of lead in vivo and in vitro on GABAergic neurochemistry. J. Neurochem. 34.:1712-1718. 1980. 41. Hruska. R.E. and Silbergeld, E.K.: Increased dopamine recepton sensitivity after estrogen treatment using the rat rotation model. Science 208:1466-1468. 1980. 42. Hruska. R.E. and Silbergeld. E.K.: Cortical neurochemical changes after intrastriatal injection of kainic acid. Brain Res. 191.: 572-576. 1980. 7 12331 43. Hruska, R.E. and Silbergeld, E.K.: Effect of ergot derivatives on post-decapitation convulsions. Conunun. Psychopharra. ,4:57-62. 1980. 44. Hruska. R.E.. Ludmer. L.M., and Silbergeld. E.K.: Hypophysectomy prevents the striatal dopamine receptor supersensitivity produced by chronic haloperidol treatment. Eur. J. Pharmacol. 65.:455-456 (1980). 45. Silbergeld. E.K. and Hruska. R.E.: Neurochemical investigations of low level lead exposure. In: Needleman. H.L.. ed.. Low Level Lead Exposure: The Clinical Implications of Current Research. Raven, N.Y.. pp. 135-157.1980. 46. Hruska. R.E. and Silbergeld, E.K.: Inhibition of [ H]spJroperidol binding by in vitro addition of ethanol. J. Neurochem. 3^:750-752. 1980. 47. Silbergeld. E.K.. and Lamon. J.M.: Role of altered heme synthesis in lead neurotoxicity. J. Occup. Med. 22.:680-684, 1980. 48. Hruska. R. E. . Ludmer. L.M.. and Silbergeld. E. K.: Characterization of the striatal dopamine receptor supersensitivity produced by estrogen treatment of male rats. Neuropharmacol. 1: 923-926. 1980. 49. Silbergeld. E. K.: Detection of neurotoxicity using neurochemical methods In: R.M. Gryder and V. H. Francos, (eds.). The Effects of Foods and Drugs on the Development and Function of the Nervous System: Methods for Predicting Toxicity. FDA (No. 80-1076). Washington. D.C.. pp. 99-105. 1980. 50. Silbergeld. E. K.: Erythrosin B is a specific inhibitor o high affinity 3H-ouabain binding and ion transport in rat brain. Neuropharmacol. 20.: 87-90. 1981. 51. Silbergeld. E. K.. and Caine. D. B.: Animal models of parkinsonism. Pharmacol. Ther. 12.'. 159-166, 1981. 52. Goudsmit. J.. Rohwer. R. G.. Silbergeld. E. K.. and Gadjusek. D. C.: Hypersensitivity of central serotonin receptor activation in scrapie-infected hamsters and the effects of serotonergic drugs on scrapie symptoms. Brain Res. 220: 372-377. 1981. 8 12332 53. Hruska, R. E.. and Silbergeld. E. K.: Inhibition of neurotran6mitter binding by ergot derivatives. J. Neurosci. Res. 6.:1-11, 1981. 54. Silbergeld. E. K.. Lamon. J. M . . Bradley. D.. Hruska. R.E.. Pitman. K.. Hess. R. A., and Frykholm. B. C.: Heavy metal neurotoxicity: porphyrinopathic mechanisms. Procs. Internat. Symp. on Heavy Metals. WHO-EEC-EPA. Amsterdam, pp. 561-564. 1981. 55. Chisolm. J. J.. and Silbergeld. E.K.: Increased excretion of homovanillic acid in children with increased lead absorption. Procs. Internat. Symp. on Heavy Metals. WHO-EEC-EPA. Amsterdam, pp. 565-568. 1981. 56. Weir. R. L.. Hruska. R. E.. and Silbergeld. E. K.: Binding of antiparkinsonian ergot derivatives to the dopamine receptor. Psychopharmacol. 75^: 119-123, 1981. 57. Silbergeld. E.K.: Neurochemical and ionic mechanisms of lead neurotoxicity. In: (Vernadakis. A., and Prasad. K. N . , (eds.). Mechanisms of Action of neurotoxic Substances. Raven. New York. pp. 1-24. 1982. 58. Hruska. R. E.. Pitman. K. T.. Silbergeld. E. K.. and Ludroer. L. M. : Prolactin increases the density of striatal dopamine receptors in normal and hypophysectomized male rats. Life Sci. 30: 547-553. 1982. 59. Hruska, R. E., Ludmer. L. M . . Pitman. K. T.. DeRyck. M. . and Silbergeld. E. K.: Effects of estrogen on striatal dopamine receptor function in male and female rats. Pharmacol. Biochem. Behav. 16.: 285-291, 1982. 60. Silbergeld. E. K.. and Anderson. S. M . : Artificial food colors and childhood behavioral disorders. Bull. N.Y. Acad. Med. 58: 375-295. 1982. 61. Morris. S. J.. Silbergeld. E. K.. Brown. R. R.. and Haynes, D. N . : Erythrosin B (USFD&C Red 3) inhibits calcium transport and ATPase activity of muscle sarcoplasmic reticulum. Biochem. Biophys. Res. Commun. 104: 13.06-1311, 1982. 62. Silbergeld. E.K.: Current status of neurotoxicology, basic and applied. Trends in Neurosci. 8.:291-294, 1982. 9 12333 63. ScI noi ltrbeteri rcagac etl ilodmn,esmEbo.rKfa.n.eersAy. tnhdLreori fsseoinn .SBcSi ..(MU...3S.1.. :a9nF5d.7-DM96o&9r. rCi1s R.9 8edS2 . . J3). : w it h rat 64. MSRp.oie.lrsbp.ea,hrnygd2re9iFl:nd4roy,5pk9aEh-t4o.h7lmi1Ke..s..: B1H.9 l8reC2ua.s.d:k aa. nNdRe.usruEoc.t.co ixnBi cyrlaaadcslepe tyeo.cnt Dse .. .o f Lamon. Enviro n J . . 65. EBnSe feiellfsuhbeeraevcovrittiegsoor.exr-laiNdnl o.sI:nMrEtohL.dceeKHovlsyro..:rlaleaMnlndEa. dtxia.tpohnendeArimmASosfpetneniarbetldeagyahlesmailsas,vntideopoipfrneaD,n2l v9rAaui7rng.-od3nA1(mbe5cd.iteoinsoc1.tnh)a9el8m2.ical 66. Da1inn9edR8m2yh.cakale.loMrpae.t.rsidH. orlu-Psikhnaad.rumcRae.cdEo.lv.. e raBnsiuodcshSehimlab.nedrBlgeiehnlagdv-..r eE1la7.Kt:e1.d:027cEa-1ts0atr3leo5pg, esny 67. VGSPt elirielstanbtrnuieotnmr.ggT, eLolfp.xdoDpir,c..4iEnt7yD.3e-ue4KTwr8e.oo6.sst,tkoLiixnn1aig.9fcf8ieRo2try.fm..SEa.n.n.Ivnair:nJod.n. mHKaueonngldbhtaeeFrls.,inAATkge..eJ.ln.. tWsT(.oe.n:Ndge.sw)T.InY.KIonvr..ki t.r o 68. TSpoiolrxbpiehcroygrle.inl dT.seyrEna.ttKho le..,s isa4n,:do6n3L5ab-m6r4ao2inn.. Jn1.9eM8u2r.:.ochEemf fiesctrt sy. of Naelutreorbeedhav. 69. HEABr1e9.rrgc8uaneK3isonpk..lta:io..arndsRAE:.r.E.gEorTctg.,oordtarWebrArueeiclilvrakc.ahtaitilRo.iov.niMedssLs.t,..o.aNraenPbewdeithpmYSaoapvtoneairon.knrt.oK. daR. nPraduT.vge.aFsn. g,. aainntp(dgpeC.dNS2sS1)i .lI5bna-:eA2mr2gig6inn.eeglrdg.ic 70. naS1(ne9ei dld8ub3sre).roretgLoveexealirddcs.iitVbyEei:r.lKsi tu.y:sI .mHpEelIxaincpl atehRtri.iuomtnLteseonrntf.daool rMn s. .mt. uJeodachnhi dneasnRWi soumiflsess,ylee, ladld-poJpsoe n-1r9ee1ss-.p2o1Rn6. s . e , . 71. WRSreiuilvlbsieseeyewr,lgl-eopJplfdo n.e2xe1Esp7.-e.K2rR2i.m:7. .e(nEe1td9af8slf)e3c.s tLtuseaddoi ef Vs .leerasduIns onHR ueratetlpethrr.o. dMLuoc.n.tidoaonnnd:, a John 10 12334 72. PS islybcehrigaet .l d ,ScEan.Kd..: 67.I nSudpi rpel.c t l3y03a, ct1i6n-g25n, e1u9r8o3t.o x in s. Acta n/-wa VnNBCoimsvekhi wtganp>e^rhmag4iittair0sicnensAadnogl ba n nd C.fel eAenSaM,rzrAo.tVcMi(ial|(n.ie)Sotpd.gyy.se.)rnJe enEesreIxini,tsnr. amRa,Ahye7AdmeXtDapsstb*at.re,otorCWilmdciaA san,A1mmdD*K/J,.arU Yru.Ar.Eog^ar oaglAMMlcsiUA.yeeotvtneHai 1tWeb7.edr:olVA,eulX Gis.ispstImer,pnueJa3ctn3t.id.ic7os-n3a n,od 50 a . n d 74. mS ielcbhearngiseml ds . oEf .Kn e.:u rLoot oc ax liicziat yt i.o n Noefu rloeatodx: icioml.p l4ic.:a1t9i3o-n2s00,for1983. 11 12335 I IN PRESS: YHS iaolnlblaeairn. gdje. l d ,(edE).KB.:ehaBveiohraavlioTraelr atteorlaotgoyl,o gEylseovf ielre/aNdo.rthI.n BSliul bme. r gJe. l d(,edEs).KN.:eurNoteouxrioctoolxoigcyit.y Doefkkleera. d . In Manzo. L. and FGHt ooeexwoacillchethiret.m.yi.BBca.eFlrI.ln,CinyNa.cnrldeSiaspgSruoiinl,fbgeMJerr.eg. tVeaallednsrd.laanHgEd..oKrIn.:migpM. leiDccah.Ftai.noins(mseds sfo)orf CmHhuaemntaagnling MraneadptrtOoi sdbounsct.tei toDrn.iR.c .. s. I nBanadOl tsiSomiflsobkreye r., gWHe l.dil.l(ieadEm).Ks A.:&dvWOancicclekusipnaistn.i o Gn ayln ercioslko sg y to MSPn ierolueblserescor,utgloaNexrlYid,cM.itienyEc..hKpanr.:IeisnsmMsN.siatoorfcahhEoannshvdiirr,ioanTl m. me(neectdha)al nNCisemeulslruooltaforxlieanansdd. Raven PSCi lBbse.r g eInl d .KuEip.Ker.:. HR.evi(eewd) oPf CoBcsc. uMp aatricoenl aDl ehkekaerlt. h ins t updr ieesss . on PS iolpbuelragteiol dn.s. E.KIn.: VEi sfsfeerc.t s Ro. f (ePdC)Bs PCinBsO. cAcmupstaetridoanma,l E l s e v i e r . MUofnaitTvtCiesDroDsn.i.ty DInP.RrLe..os sw.arnadncSe.i l bWe. r g(eedl d) . DEi o.Kx.i:n sR. eRproocdkuecfetilvleer t o x i c i t y IN PREPARATION: mpStroiielclbaeyet:cmrygAecenlllitdic.f.eatEriom.Kme.a,tsitcaunddhyyMdorafotctatihsrobe non.e sf Df eo.cRnt.s:f e Eorftf fi esl iicnttysg l eoi-nfd oftehsmer eaele Silbergeld, E.K.: A Textbook in Neurotoxicology. 12 12336* B. ABSTRACTS- 1. Sfpuri lnebsceytrinoganepsltd:i , c EIl ne. vKve il.t:. r o EFeefvdf ei.dcePtnsrcoeocf. fol3er2a.:ds2i7to5en no1fe9u7ar3o.cmt iuosncualat r th e 2. aSni libmearl g me lodd.el Eo. f Kh. yapnedr aGcotlidvbi teyr.g. AP.haMrm.:acoLleoagdispt o1i5s.o:n1i4n3g, : 19a7n3. 3. Schhiylopbleeirnragecretglidivc.i-tayEm.. inKPe. rhaganirdcm aGi ncootleldorbgaeicrsgtti.o1n6A.s:. 3M3in5.,: le1a9d74.induced 4. GNa seopuldreobcctehsregm.of. Al.epaM.d1. 8 5ainn. ddu1cS9e7idl4b. ehrygpeelrda. c tEi.v iKt y..: NTreaunros.chAemmeicr.al Soc. 5. MS11iol:nb2oe0ar3mg.ienl1eds9.75inE. . leKa.d, -iCn da rurcoeldl. hPy.p eTr.a catnidv iGt yo.ldbPerhga,rmAa. cMolo.:gist 6. MGC oheleodtlbiinnegregr.fgoircA. aSMsopc..e, cNCt seaurorrfooclhhl.eympP.e..r aT1c.9t7ia5vn.idt y .S i l bFeirf tghe l dI.n tEe .r nKa t.:l . 7. Pba gef heoianfvifsieotrsr..a l RNa. ned.u ranonesducriSo. cilhAbebemsrtig.cea1lld1.e:7fE2f e0. c, Kt s1.:9o76f D. tihfrf ee er e ndot pi aalminergic 8. Scf uhi lanbncegtrieogsne .lidn . NsEeei.uzruKor.leoganythdr1Me( 2shi7lo)l:eld4r0. 5anL. d. 1Pg9a7.:m7.maL-eaamd inionbtuotxyirciac t iaocnid: 9. Ainnedtuleerrroa,tcrHtain.osnSms. isaosnfiodnleS.aidl bPeahrnagdremlcdaa,clcoiEluo.mgiKsit.n: 1d9.oI(np2)tarm:a4si0ny,enra1gp9itc7o7s.om al 10. arSeci lilbde ae rsaengde li dns , u sbuEst.basnKtca. enatnPiad. WPn ihagalrrtaem:ras . c oElJfo.fgeiRcs tt. s: 19o.Df(2o)gpaa:5mm4im4na.e-au1mp97itna7ok. beutaynrdic 11. NLS eielaubdreorasgncdei l . ds .eAibzEsu.tr. eKsI.:.l lM:R1i0ol3llee9r. .o f1L9g7. a7mP. .m. a-Kaemninneodbyu. tySr.ic anadc i dE.ng, N .: 12. Amdiclerro.a nHa.lySs.is Cionstan.euJr.ocLh.emainsdtryS:i l b eLrogcealldi,z aEt i.o nK.:of Xan-ray 13 ----- 12337 Ce lae+m+.e n tNa le unreousrcoi.toAx ibnsta. ndI lml :a1n2i3p5u. la1t9io7n7s. of m itoch on drial 13. Baaf incardiridinnLgglae.ksroiMasot.kneisDs, ..Jo, .f NwMdeaoui.p:traeomrsEsicn.ife.f JeA.cc tebRlslot.s.f, Ss4i n.y.i lsbt2ree6amr7tgs.icewl1da9ip.t7ho8Em. s.otrrKpih.a,int aEe lnognk. N.. aini c 14. NHs preiuursrokopas,ecriR.i d. AoElb.satna. dnd4.s: eSr4iol2bt5oe. nr gi1ne9l7d8r..eceEp. to.r: bEinrdgoint gd. rugSsoc.i n h i b i t 15. ASSk ai.b.lisbnteE.icrng4g:ea. lcdNi4d.9... Eona.1n9dmK78o.d,.toerHS arbunestkhiasa.,vioRSr..: Ein.E. rfWaf etacsl.ttserSos.focJ.i n. Nt rReau..srtoKrsiceani.tnaeldy. 16. NKS eeernuonrteoodsnyc.eir. gSAi.c,b-dsHto.rpuaAsmk: ai.4n2eR6r..g icE19..e78f fa. endc t sS i lobf e regrge ol dt , dEru. gKs..: Soc. 17. FaSanci.dl,ibde.alernadgdeCHlldiienn.s.tsoE. Rx. Riec..sa. AtHi2.ro:7un:s3:k0Na7.eAPuR.or.os1stE9oi b7x. .9li ec. Lmar moelocenh.aonJfi s. maMs- a.mi. niFnproyolkrehpvohulyml ri n.i ai B. c 18. HLlearamudsokn.ai n, J t oR. x. Mi cE.a.. :t iSoinlEb.xetrCrgalei-nled.r.yRtEhe.rs.oKp2o.]._i\eFt2ricy99kAhheo. mlme1.9m7B9e..t aFb .o.l i samnd i n 19. BSh2e0.iml9bF.ee.r.s1gy9ea7nnl9tdd.h.eHsEies.ssK.an. dR. .AHdr.r:uugskTma,heetRaeb. foEflie.sc.mt.sL. amoPfonh.laeraJmd. aMc(oP.lb.o)gFiorsyntkhh21oe.l:pma,tic 20. NADS iecilsutbciroeronrespgsceaio.lndfcA.ielbesEsa.td.bKetS(.wP:, beeH)4n1r6oun.isnkGa1v.9Ai7BvR9Ao.. erEagn.id.c nai nneduvrLiottarrfoaf enrsemrfoaf iensc.s itosJn.. : A.: Soc . 21. DALr arabutfsfgtec.raamnu5da.dnaC,5te6oJ2s.s.myena1tna9idcp79toRS. seiodl bmeNerosg.:e l3d)a, ki nEi n.h eiKbt ii.ct:s stEduordpyyatm.h rinoeSsionuc.pBtaNk(eFeuoroionds.ci. 22. NHr erecuuesrpkotaso,criR. s. AeEnb.sstia.tni vd5.i:tSy7i3l baef(rt1eg9re7l9de)..strNEo.og. eKn2.3: t6r. eIantcmreeanste. d dSoopca. mine 14 / 23. RSthieelsb. ebrBagsuealllld. ..g aE4n:.g lKia6.:9. 6H. er1fuf9sek7c9at., s Ro. f Es.e. l eSccthiwvaerclze. s iRo .n:s . GABBAraiinn 24. Wobfieniddro.inpRagm.. inLeS..oacH.g orNunseiksuatrs.o sRocn.i. E3HA. b-assnptd.irSo5:pi leb8re1ird, goe1l l9dr7.e9c. eEp. toKr.: E f f e c t s 25. HPr errcuoeslkpaact.ot irnRs .. inEcP.r.heaaLrsumedsraoceotrhl.oegLin.sutMm2b.2.e.r:a2no2d0f Ss(1tirl9bi8ae0rt)ag, el Nl ddo,o. pEa3m.38inK. e.: 26. aS2n2i l:b1ae9rr8tg,ief il1dc9i.8a0El. . foKo.d: dEyeryitnh rroasitn bBr:ain otuiasbs ua ien.-likPehaarmc taicoonls. of 27. HAse strbtrusristoak.gtaea,6n:l Rmd4. o4aEp1ya..m.be1inL9me8u0de.rmdeeicare.tepdLto. rthMrs.ou.upgaehnrdspeSrniosllbiatecirvtgiintey.l d .pSroEod.cu. KceN.d:eubrTyohseci. 28. Coi1nf9hc8irhs0oe.olammseo. dvJa.nleialJld.ic. aaabncsdiodrSpi(tHliboVneAr.)g einNl de.uurrEion.secKi.b.y:AyboIsuntn.cgrevacoshle.idld6r/e.ex5n0c8rw.e tiitohn 29. Ssa1np9idl8eb0ce.iiorfngi ce ltdri na. nhEsipb. oi tKrot.r. inaonf drhaAtignhbdreaarsifnof ni. n. i tNSy.e uM[r3o.H:sc]-ioE. urAaybtbhasirtn.osvibnoinlBd. :in6g_:56. 30. BSc8oti.hl.lbo reMarnedg(eeetMlridnyog.trhrErIino.s .st KeinrS.n.. BaAJt)..:n:dSemorNcseo.tenhuN.ordeoSsut.rofoxoMcir.hc .i e rtmyDa.pe. oRidpfy.cakt en.2s3Mta8i.rn..tg1i.C9f i8hc1rAi.oabnlwstafrol.lo, d 31. Pmss ittalirblmieeaarntrga.aeltlKsd.d. .oTpEaS.m.o. ciHnK. er.Nu: rsekeuPcare.roposRtlcoa.ir.cEstAi.n.ibnsLitnnruc.odrrmme7ea:ras.le2sLa1n7. dt. hMeh1.9y. d8pa1eon.npdhs iytsyecotofmized 32. Dpr aeoRttsey.nckt.i aSMtoec.s.. HNh areuluosrpkoaes,rciidR. o. Al-Ebin.s.dtrua. cned1d: S2ci l1ab7tea, rl eg1pe9ls8dy1./. a kEi. n Ke s.i:a Einstrmoagleen 33. nS ei lubreortgoexlidc,i t yE..K.:A bTshter. bAioncnh. eMm tigc.al AbAAa sSi, s Toofrolnetaod, 1981. 15 12339 34. Hruska. R. E.. Pitman. K. T., Ludmer. L. M . . DeRyck. M . . and Silbergeld. E. K.: Comparison of the biochemical and behavioral effects of estrogen in male and female rats. Socr Neurosci. Abstr. 7: 218, 1981, 35. Silbergeld. E. K.. Morris. S. J.. and Anderson. S. M . : Erythrosin B and Na.K-ATPase: receptor-like interactions with brain synaptic membranes. Soc. Neurosci. Abstr. 7: 105. 1981. 36. Silbergeld. E. K.: Basic and applied neurochemistry of hazards. Abstr. Annual Meet. AAAS. Washington. D.C.. p. 63. 1982. 37. Silbergeld. E. K.: Neurotoxic implications of altered heme synthesis in lead poisoning. Neurotoxicol. 3:119-120. 1983. 38. Silbergeld. E. K.. Nightingale. M. S.. and Mattison. D. R . : Effect of oocyte destruction by polycyclic aromatic hydrocarbons (PAH) on fertility of DBA/2N (D2). C57BL/6N (B6). and (D2 x B6) FI mice. Soc. Gynecol. Invest. Abstr.. p. 51. 1983. 39. Silbergeld. E.K.. Nightingale, M.S.. Godlove. K.. Malley. J . , and Mattison. D.R.: Reproductive toxicity of polycyclic aromatic hydrocarbons (PAHs) in female mice. Pharmacol., 21:655. 1983. 40. Mattison. D.R.. Takizawa, K.. Silbergeld. E.K.. Nightingale. M.S., Jerina. D.. and Yagi. H . : Genetics of ovarian benzo(a)pyrene metabolism, oocyte destruction, and impaired fertility in inbred DBA/2N and C57BL/6N mice and D2xB6 FI heterozygote mice. Abstr. Internat. Conf. Extrahepatic Metabolism of PAHs and Carcinogenesis, 1983. 41. Mattison. D.R.. and Silbergeld. E.K.: Occupational exposures and pregnancy, Abstr. 15th Ann. Cong. Col. Soc. Obstet. Gynecol., Bucarananja. Columbia. 1983. 42. Mattison, D.R., Nightingale. M.S.. Shiromizu. K.. Takizarva K . . Silbergeld. E.K.. Kay. H.H.. and Swartz. W.J.: Ovarian toxicity. Abstr. 15th Ann. Cong. Col. Soc.. Obstet. Gynecol. Bucaramanga. Colombia. 1983. 43. Swartz. W . . Silbergeld. E.K.. Malley. K.. and Mattison, D.R.: The effects of benzo(a)pyrene on urine ovarian function and fertility. Abstr. Amer. Assoc. Anat., in press. 1984. 16 ----- 12340 OTHER PUBLICATIONS REVIEWS Silbergeld. E.K.: "Lead in Han and the Environment" for Trends in Pharmacological Sciences. 1981 Silbergeld. E.K.: "Hazardous Waste in American" for Quarterly Review of Biology, in press Silbergeld. E.K.: "Nutrition and Brain Function" for Trends in Neurosciences, in press OTHER Silbergeld, E.K.: "US Lead Program Vital" (editorial) Clin. Chem. News. February, 1983, page 4 Silbergeld. E.K.: "Where do we go from here?", in Legator. M.S. (ed) Community Health STudies: A Guide for Citizens. Johns Hopkins Press, Baltimore. MD. in press Silbergeld. E.K.: "Health Effects" in Environmetal Defense Fund. Dumnsite Cleanups; A Guide to the Superfund Program. Washington. DC. 1983 Silbergeld. E.K.. and Highland. J.: "Ghost Dumps" (letter) Science. 216:462. 1982 Silbergeld, E.K.: "Cancer Policy: Has the Dust Settled?" Environmental Forum, 2:25-29. 1983 Hall. K.L., and Silbergeld. E.K.: "Reappraising Epidemiology" Harvard Environmental Law Review. 7:441-448, 1983 17 12341 Dr. Raymond Singer, Pn.D., is a neurotoxicologist and neuropsychologist practicing at Occupational Health Consulting, Inc., of New York, New York. Dr. Singer's curriculum vitae is attached. Dr. Singer will prepare reports concerning each of the veteran plaintiffs. These reports will be based upon personal interviews and review of appropriate test findings performed by himself and/or by others. The personal interview will consist of a thorough account of the veteran's background and current and historic symptoms. It will also detail the educational and occupa tional background of each veteran. Various neuropsychologic tests will be given and discussed with particular reference to whether:: any deficits or changes noted are due to the results of any toxic chemical exposures. Neurophysiologic tests will also be given or reviewed and interpreted, with particular emphasis placed upon nerve conduction velocity findings, and the results will be set out and discussed, with particular reference to whether the findings are related to toxic chemical exposures. To the extent warranted, Dr. Singer will relate any findings to Agent Orange exposure. Dr. Singer will also testify to the effects of toxic chemical exposures as they have been studied in a number of research efforts in both animals and humans. He will discuss the findings reported in various populations exposed to toxic chemicals 12342 and particularly to TCDD through the mechanism of industrial ac cidents. He will also discuss the findings concerning demyelination of the fatty sheaths surrounding the nerves and the "dying-back" neuropathy which has been associated with toxic chemical exposures. Dr. Singer will also discuss the results of his own work in relation to occupational exposures to TCDD, and will explain how his results are consistent with those obtained from tests per formed on the veterans here, and how those results are consistent with causation by phenoxy herbicides and their contaminants. 12343 RESUME Name: Raymond M. Singer Born: August 20, 1950; Philadelphia, Pennsylvania Address: 415 East 85th Street, #10H New York, NY 10028 (212) 744-1728 Ph.D. M.S. B.A. EDUCATION AND DEGREES Washington State University Washington State University University of Rochester 1978 1975 1972 Psychology Psychology Psychology PROFESSIONAL ORGANIZATIONS Certified Psychologist, New York State Board of Psychology Member, American Psychological Association Member, National Academy of Neuropsychologists Member, Society for Occupational and Enviromental Health Member, American Public Health Association Associate Member, College of Toxicology 1983 1983 1982 1982 1982 1981 1979 1978 1978 PROFESSIONAL EXPERIENCE 1982 1981 1979 1979 Adjunct Instructor, Mount Sinai School of Medicine Department of Community Medicine, New York City Consultant, New York State Department of Social Services, Office of Disability Determinations President, Occupational Health Consulting, Inc. Clinical Psychologist, Private Practice, New York City Reviewer, The American Journal of Industrial Medicine Fellow, Mount Sinai School of Medicine, Department Community Medicine, Enviromental Sciences Laboratories, New York City NIH Post-Doctoral Fellow in Environmental Epidemiology, Mount Sinai Medical School of Medicine, New York City NIH Post-Doctoral Fellow in Biological Psychiatry, Millhauser Laboratories, New York University Medical Center, New York City Clinical Psychology Intern, Park East Psychological Associates, New York City 12344 Dr. Raymond Singer December 5, 1983 1972 - 1978 Teaching and Research Assistant, Department of Psychology, Washington State University, Pullman, Washington PUBLICATION AND PAPERS Singer, Raymond. Peripheral nervous system assessment in the evaluation of toxic chemical exposure. Paper to be presented at the 12th Annual Meeting of the International Neuropsychological Society, Houston, February, 1984. Singer, Raymond. Neural indicators of phenoxy herbicide exposure. Paper presented at the 1983 Annual Meeting of The Society for Occupational and Environmental Health, Washington (D.C.), December, 1983. Singer, R . , Valciukas, J . , and Lilis, R. Lead exposure and nerve conduction velocity: The differential time course of sensory and motor nerve effects. Neurotoxicology, 4, 2, 193-202, 1983. Presented at the XI Triennial World Congress of Pathology, Jerusalem (Israel), September, 1981. Singer, R . , Moses, M . , Valciukas, J . , Lilis, R., and Selikoff, I.J. Nerve conduction velocity studies of workers employed in the manufacture of phenoxy herbicides. Environmental Research, 29, 297-311, 1982. Presented at the XX International Congress of Occupational Health, Cairo (Egypt), September, 1981. Valciukas, J. and Singer, R. The embedded figures test in epidemiological studies of environmental neurotoxic, agents. Environmental Research, 28:183-198, 1982. Lilis, R., Valciukas, J., Singer, R., et al. Assessment of Lead Health Hazards in an Autobody Shop at an Automobile Assembly Plant. Report to the National Institute of Environmental Health Sciences, June, 1981. Valciukas, J . , Lilis, R . , Singer, R . , et al. Lead exposure and behavioral changes: Comparisons of three occupational groups with different levels of lead absorption. American Journal of Industrial Medicine, 1:421-462, 1980. Singer, R. The Neuropsychological Evaluation of Patients Affected by Occupational Neurotoxic Agents. Invited address, New York State Psychological Association Convention, New York City, May, 1980. Dr. Raymond Singer December 5-, 1983 Valciukas, J., Lilis, R., Singer, R . , et al. Neurobehavioral studies of painters. Presented at the International Symposium on Occupational Health Hazards Encountered in Surface Coating, Handling of Paints in the Construction Industry, Stockholm (Sweden), October, 1979. Manuscript submitted, Archives of Environmental Health. Singer, R. The role of the psychologist in the prevention of myopia. Paper presented at the annual meeting of the American Psychological Association, New York, New York, September, 1979. Singer, R. The Camphill approach to the education of the retarded person. Symposium presented at the annual meeting of the American Psychological Association, New York, New York, September, 1979. Singer, R. The behavioral etiology of myopia. Paper presented at the annual meeting of the Eastern Psychological Association, Philadelphia, Pennsylvania, May, 1979. Singer, R. The relationship between visual refractive error and interests, values, personality, academic performance, and reading. Doctoral dissertation, Washington State University, 1978. Singer, R . , Young, F., and Rokeach, M. Values as predictors of visual refractive error (in Barrow Eskimos). Paper presented at the Western Psychological Association Convention, Seattle, Washington, April, 1977. Singer, R. Can myopia be prevented? Invited address - Presented to the Washington State University Chapter of Sigma XI, February, 1976. Singer, R. The association of personality and myopia. Papers presented at the Western Psychological Association Convention, Sacramento, California, April, 1975. Young, F., Singer, R., and Foster, D. The psychological differentiation of male myopes and non-myopes. American Journal of Optometry, October, 52, 10, 679-686, 1975. THEODOR D. STERLING. Ph.D. Dr. Sterling is Professor in the Facility of Interdisciplinary Studies and Department of Computing Science, Simon Fraser University, Vancouver, British Columbia, Canada. His Curriculum Vitae is attached. Dr. Sterling is a mathematician, statistician, and epidemiologist; as well, Dr. Sterling is intimately familiar with existing data and analyses concerning the effects of phenoxy herbicides and impurities, e.g. 2,3,7,8-TCDD, contained therein. Dr. Sterling has devoted much of his teaching and research to the collection and analysis of data and their use for scientific inference. Dr. Sterling will testify that there exists a considerable body of medical and scientific evidence which demonstrates that the preparations of 2,4,5-T and 2,4-D are toxic, teratogenic, and carcinogenic. Further, there is no credible scientific evidence of a no effect level; said another way, as a carcinogen, there is no safe level and therefore a single exposure years ago may be responsible for human cancer which develops today. In addition, Dr. Sterling will testify that there is ample evidence that exposure to 2,4,5-T is teratogenic in humans when the mother is exposed, and convincing evidence is now extant that the outcome of pregnancy i9 influenced by exposure to the father alone. Most especially, Dr. Sterling will testify of the incidence of subjective symptoms and/or medical records documenting such symptoms. These symptoms are those which have been compiled by the National Center for Health Statistics, and will be compared, to the extent available, to those symptoms 12347of the Vietnam veterans, particularly those of the representative plaintiffs. The purpose will be to ascertain the incidence of such symptoms in the general population so as to analyze statistically the symptoms of the plaintiffs. The product of such overall incidence will be calculated to examine the possibility or likelihood of such a constellation of Agent Orange/dioxin related symptom complex to occur in a random fashion. The bases or grounds for the facts and opinions of Dr. Sterling's testimony are: educational and professional background; publications regarding the subject phenoxy herbicides; review of the applicable medical and scientific literature; attendance and participation in various symposia dealing with the scientific issues in question; training as a mathematician, statistician, and epidemiologist; and training and experience in the computer sciences. 12348 CURRICULUM VITAE Theodor D.Sterling EDUCATION B. A. (CUM LAUDE) , 1949, M.A., 1952, University of Chicago; Ph.D., 1955, Tulane University. PROFESSIONAL AFFILIAT 1CNS Present: Professor, The Faculty of Interdisciplinary Studies and Department of Computing Science, Simcn Fraser University. Previous: Visiting Professor, Department of Statistics, Princeton University, (78). Chairman, Department of Computing Science, Simon Fraser University, (72-77). Professor in the Department of Applied Mathematics and Computer Science, Washington University, St. Louis, Hissouri (66-72). Also Joint appointment as Professor in the Department of Sociology (66-68), and Visiting Professor in Computers and Humanities, Hebrew Union College, Cincinnati, Ohio (68-70). Professor of Biostatistics and Director of the Computing Center, College of Medicine, University of Cincinnati, Ohio (58-66). Previously instructed in the Department of Statistics, Michigan State University and Department of Mathematics, University of Alabama. PROFESSIONAL ACTIVITIES ACM Committee on Scientific Freedom and Human Rights; President of the Computer Science Association cf Canada (75-80); Chairman, Ombudsman Committee, Canadian Information Processing Society (73-80); Chairman, President of Biological Information Processing Organi2ation (64-65); Chairman, CIPS Special Interest Groups, Humanization of Information Systems (73-80); Chairman, SIGCAS Committee of Information and Public Policy (72- ); President of Missouri Chapter, American Association of Workers for the Blind (70-72) ; Member of the Panel for Biology, Management, and Social Sciences of the Mathematics Association of America (62-67) ; Chairman, Committee on Professional Activities of the Blind of the Association for Computing Machinery (63-71) ; Chairman, Ad Hoc Committee on Accreditation, Association for Computing Machinery (66-67); Committee on Radiation Dosimetry, American Association of Physicists in Medicine (66-69); National Lecturer for Association for Computing Machinery (72-3, 75-6). EDITORIAL ACTIVITIES: Associate Editor - Canadian Journal of Statistics (73-78); Editorial Board - International Journal of Biomedical Computing (69- ); Computers and Applied Mathematics (73- ), Humanist in Canada (73- ). 12349 GOVERNMENT AND OTHER SERVICES: (Consultant/adviser, now and previous) : (In Canada) Canadian Standards Board; Environment Canada, The Royal Commission (B.C.) ; Consumers Association of Canada; Society for Professional and Environmental Control- (In U.S.) NIH; PHS; EPA; FTC; SR A ; O.S. National Academy of Science, National Research Council; American Lung Association; Natural Resource Board (Wisconsin) ; Environmental Defense Fund, MECCA (Minnesota); Citizens Against Toxic Sprays (Oregon) . (In Kuwait) - Ministry of Health. PROFESSIONAL SOCIETIES: Can. Inf- Proc. See-; Can- Comp. Sei. Assoc-; Assoc- Comp. Machinery; Amer. Math- Assoc.; Math. Soc.; Inst. Math. Stat-; Amer- Stat. Assoc-; Biometric Soc-; N.Y. Acad. Sei.; Amer. Assoc- Phys- Med.; Assoc. Res- Opthamology. HONORS AND AWARDS: Fellow, Amer- Assoc- for Advancement of Science; Fellow, Amer. College of Epidemiology; Fellow, Amer- Stat. Assoc.; Fellow, Can- Com. of Scientists and Scholars; Sigma Xi; Pi Nu Epsilon, Morrison Cressy Award in National science; University Research Professor (1980-1981). 12350 EJBLIOGKAPHY Theodor D. Sterling Books k Guide to PL/1 ana Structure! ?rog r a w m u . dolt, hiner.art ana Winston, February, 1969. Second edition - 1976. Third Edition 1930. Essentials cf FL/1 . holt, flinenart and Winston, J.-.nuary, 1973. visual Prosthesis - The Interaisciplinary Dialogue. (Editor) , Academic Press, March, 1971. Computing and Computer Science with FL/1. Macmillan, January, 1970 . Computing and Computer Science with Fortran IV. Macmillan, January, 1970. Introduction to Statistical Data Processing. ?rentice-h'all, June, 1966. Advances in Biomedical Computing Applications (Suitor), Annals of The ew York Academy of Science, Vcl 123, 196b. Computers and the Life Sciences. Columbia Press, December, 1965. In preparation: People are Trouble: The Human Side of a Computerized society. Concepts of Machine Computation. 12351 Articles 196U The Economics and Politics of building Illness: The HAS/NHC Report on Indoor Pollutants. International Journal of Health Services 1U(1): <13-53. Second Thoughts: On Filtering Information About Occupation, Smoking and Disease. Journal of Chronic Diseases. (In press) Computers and Society. In Aonana Davies, (ed.) The Canaaian Encyclopedia. (In press) Investigations on the Effect or .-.sgulatmg Smoking on Levels or Indoor Pollution and on the Perception cf Health ana Comfort of Office Workers. Proceedings of workshop on Effects and Exposure Levels, Geneva, Switzer land, larch 15-17, 1983. (In press) The Emerging Key Role of White-Collar Computer workers Vis A Vis Organized Labor. Technology and People. (In press) What is the Host Advanced Technology on Earth Today and for What is it Used? In Gallup, G. and Norbacn, C.T. (ecs.). America Wants to Know: Ihe Experts' Answer 3ook, N*w York. A w Publishers, Inc. (1n press) 1933 The Health Effects of Low-Dose Radiation on Atomic workers: A Case Study of Employer-Directed Research. In Navarro, V., ana Berman, D. (eas.). Health and Work Jnder Capitalism: An International Perspective. Ea/wood Pu blisners, New York, NY. pp. 55-b^. Concatenation. In A. Ralston and E. Reilly, Jr., (ed.) Encyclopedia ot Computer Science and Engineering (second edition). Van Nostrand Reinhold Company, New York. pp. 395-396. Frcqranmine. In A. Ralston and E. Reilly, Jr., (ed.) Encyclopedia of Computer Science and Engineering (s-cond edition). Van Nostrand Reinhold . Company, New 'fort. pp. 11 9U-1 21 7 . Statements. In A. Ralston and E. Reilly, Jr., (ed.) Encyclopedia of Computer Science and Engineering (second edition). Van Nostrane heinhold Company, New York, pp. 1UCH-1U07. Trap. In A. Ralston and . Reilly, Jr., (ad.) Encyclopedia of Computer science and. Engineering (second edition) . Van Nostrand neinhold Company, hew York. pp. 1534-1535. Corporate Planning and Technological Change. The THU Transmitter, Special Issue V(6): b. Building Illness in the White-Collar Workplace. International Journal of health Services 13:277-267. Fossih le Etfects on Occupational Lung Cancer trom Smoking Relatec Changes in tr.e "ucus Content of the Lung. Journal ot Chronic diseases. 3o (10) :669-b76 . The Impact or Dixferent Ventilation Levels and. fluorescent Light!nq Types on 5uilding Illness: An Experimental Study. Canadian Journal of Public Health. (E. Sterlinq, senior author) Septemrer/Cctober. Unemployment Follows from the Changes in Telecommunications. Telecommunications workers Union Transmitter IV (8): 9. Air Quality in public Buildings with Health Related Complaints. ASHRAE Transactions 89(2). Perceived vs Actual Risks: The Problem of Multiple Confounding. In Covello, V., Flamm, W., SodriCKS, J., and Tardiff, R. (eds.) Th.e Analysis of Actual Versus Perceived Risks. Plenum Publishing Cor?., ;(ew York, pp 2G3-212. New Health Hazards in Sealed Buildings. American Institute or Architects Journal, April, Sb:6U-b7. 12353' Existing Data Systems: How Useful Are They? In Chiazze, L. Jr., Lundin, F.E. and Vatkins, W. (eas.), Methods and Issues in Occupational and Environmental Epidemiology. Ann Arcor Science Publishers, inc., Ann Arbor, Michigan, pp. 51-61. Prevalence of Disease in Wives of Blue-Collar Workers: A Comparative Study. In Chiazze, L. Jr., Lunuin, F.E. and Watkins, W . (ecs.) , Methocs ana Issues in Occupational ana Environmental Lpiaemiclogy. Ann Arncr science Publishers, Inc., Ann Arbor, Michigan, pp. 1bS-176. 1yS2 Unionization of Professionals in Data Processing: An Assessment of Recent Irenas. Communications of the ACM -25(11): 607-816. Health Effects of Chlorophenoi 'Wood Preservatives. 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Humanizing Computer Information Systems. Reprinted in Murray Gruber (ed.) Management Systems in the Human Services. Temple University Press. Philadelphia, PA. 287-299. Setting the Stages for Laoour Unrest in the Canadian DP Industry. CIPS Review, July/Oct. Vol. 5(4): Jb-j7. O9 Khat E F T W ill Mean to the C o n s u m e r . CIPE Reviw, n a y / J u n e . Vo] 5(3) lb-17. Ventilatory Function Changes Over a workshift. Er. J. c Incustrial Medicine. 36: 152-1 55 . (H Dimich, senior author.) U n i u n i l a t i o u anc i ti> I m p l i c a t i o n s . D ui/4i nmr L i w V. V . V U 4i Annual O f f i c e A u t o m a t i o n C o n f e r e n c e .larch 23-25 Texas. fhI . a r * n r> 1981, Houston Possible Risks to Human Lungs from waqnetometric Dust Clearanc Experiments. Journal of Applied Physics, Vol. 52 (3, Part II 2575-2577. Use of Gas Ranees ror Cooking anr. Heating in uroan Dwellings Journal of theAir Pollution Control Association, February, Vol 31 (2) 162-165. Engineers Threaten Domination of DP Jobs. CIPE Review, Jan./Fet Vol. 5 (1) : fc-B. 1980 The H e a l t h Effects of Lcw-level of Ionizing Radiation: Di a l o g u e . In Rom, w.N. and Archer, W.E. (ecis.). Heal I m p l i c a t i o n s oi New Energy Technologies. Ann A m o r Ecienc P u b l i s h e r s , Ir.c., Ann Arbor, Mich. Pages 150-159. S t r e s s i n q Design Rather Thar. P r o t e c t i o n of I n f o r m a t i o n : Computers ana Privacy in the 102-107. P e r f o r m a n c e S t a n d a r d s to Ensu: C o m m e n t s . In liottman, N . (od.; Nex t D e c a d e . A c a d e m i c Press, Inc Smoking, Occupation and Respiratory Disease. Report to ti American Lunc Association, Occupational Health Task Fore Meeting, April 9, 1980, Clearwater, Florida. The Social Impacts of Electronic Fund Transfers, The Financi. Post, Special Report, March 8, 1980, s11. The Health Effects of Low-Dose Radiation on Atomic Workers: Case Study of Employer-Directed Research. International Jouin. of Health Services, January, 10(1): 37-96. Cover-up at Hanfora: The Effects of Low-Dose Radiation. Humanii in Canada, Spring (No. 52) XII, Do. 1: 5-8. The Computer Ombudsman, A Possible Model of AccountaDility Amo: Professionals, Transactions of Society, 17(2): 31-35. 1979 Statistical Problems in fiulti-Variate (Etiological) Surveys. Canadian Journal ot Statistics, 7(2): 205-215. The. Mutual Relationship Between Smoking, Occupation and Disease. Proceeaings of the XIX International Congress on Occupational Health. Supplement to vcl. 30. Consumer Difficulties with Computerized Transactions: An Empirical Investigation. Communications or the ACM, May, 22(5): 283-269. Carbon Monoxide Levels in Kitchens ana Homes with Gas Cookers. J. Air Pollution Control Association, March, 29(3): 239-241. Khat Consumers Say About Computer Errors, Canacian Datasystems, 11 (12) : 64-67 . What happens When Major Errors Are Discovered Long Alter An Important Report Has Eeen Published?, Invited talk to the Annual Meeting of the American Statistic Association, Washington, D.C., August, 1979. 197b Computers in Developing Nations: A Cautionary Tale. Reprinted in Personal Computing. February, 27-jl. Smoking Patterns ty Occupation, Industry, Sex, and Race. Archives cf Environmental Health, iov-jitcer, 33(6) : 313-317. Processing Errors Among the Pjnlic: Their Frequency ana Crigin. Proceeaings ot the Session '7a Canadian Computer Conference, CIPS, Edmonton, Alberta. May. Does Smokinc Kill Workers or working Kill Smokers, International Journal of healtn Services, 8(3) : '137-452 . Follow up: New Evidence Concerning Smoking ana Health, Med. J. Australia, 65: 384-387^ Frequency cf Computer Related Errors Among Holders of Credit, Charge or Bank Accounts, CIPS REVIEW, June, 5: 17. High Level Language Programming. In Belzer, J., Holzman, A.G., ana Kent, A. Encyclopedia of Computer Science and Technology, Marcel Jekker, 9: 257-283. Humanizing Information Systems. In belter, J., iioizman, A.G. anc Kent, A. Encyclopedia of Computer Science and Technology, Marcel LekKer, S : 361-571. Natural Language Compilers and interpreters in hadiation Treatment Planning or Nous Pardons Anglais Setter Than Jece Anaere Sprache. In V. Rosenow (ea) , Computers in Radiation Therapy: Proceedings of the Sixth International Congress on the Use of Computers in Hadiation Therapy, University oi Goettingen, Goettingen, FRG. 19 77 Computers in Developing Nations: A Cautionary Comraunications of the ACM. December, 20(12): 971-972. Tale. New Evidence Concerning Smoking and Health. Medical Journal of Australia, October, 2: 538-542. Fold, Spindle and Mutilate. Humanist in Canada, March. 40/16-20. Exposure to Pollutants in Enclosed ''Living" Spaces. Environmental Research, February, Vol 13: 1-13. Z,4,5-T Teratogenic Em oroyotoxic, Fetooenic, Mutogenic, Acres D.S.A., 7/7. Smoke Gets in '/our Eyes. Humanist in Canada. 42: 2-5. 1970 Humanizing Information Systems. Datamation. Decemcer. Smoking Characteristics by Type oi Em ooyinen t. J. Medicine, November, 1b (11) : 743-754. Occup. Do we Neec A Computer Ombudsman? Canadian Datasystems, August, 62-64. Programming. In Ralston, A., ana Meek, C.L. (Editors), Encyclopedia of Computer Science, Petrccelli-Charter, New /oik, pp. 1127-1156. Statements, Ralston, A., and Meek, C.L. (Editors), Encyclopedia of Computer Science, Petrocelli-Charter, New Zork , pp. 326-1329. A Sincle-TracK Universal Curriculum for Computing Science. INFOR, February, 14: 1, 40-52. 12357 ran Acainst Himself - Biological Dangers iron the Use ot Herbicices. Humanist in Canada, February, IV(3): 2-7. Additional Comments on the Critical Assessment of the Evidence rearing on smoking as the Cause or Lung Cancer. American Journal of Public Health. February, Vol 66(2): 161-164. Relation ot Place or Birth and Migration in Cancer Mortality in the U.S. - A Study of Ohio Residents (1959-1967), reprinted in the 1976 Year Book of Cancer 1975 Humanizing Computerized Information Systems: Guidelines ana Their Implications. Science, December, Vol 190: 1168-1172. A Critical Reassessment of the Evidence Bearing on Smoking as the Cause ot Lung Cancer. American Journal of Public Health. September, Vol 65(9): 939-953. A Critical Review of Reports on the Effect of Smoking on Sex and Fertility. Journal of Sex Researcn. August, Vol 11(3) 201-217. Lung Cancer Among Black ana -hite Migrants In the U.S. Etiological Considerations. Journal si the National Medical Association, March, Vol 57(2) : 1Jo-111, 102. (T.F. Mancuso, senior author.) 1974 Relation of Place ot Eirth and Migration in Cancer Mortality in the U.S. - A Study or Ohio Residents (1953-1967). Journal or Chronic Diseases. Vol 27: 459-474. (T. F. Mancuso, senior author.) Guidelines tor Humanizing Computerized 'Information Systems: A P.eport frem Stanley House. Communications of the ACM. November, Vol 17 (11): 609-613. (Reprinted in AIDS Journal, Vol 10 (1), Fall 1376: 1-10. Teaching Simulators of Ideal Teaching Machines. S1GSCE Euiietin, ACM. June, Vol 6(2): 45-56. Proposal for a New Curriculum Approach. Jniversxty Affairs. Simon Fraser University, Burnaby, 3.C. nay, pp. 6-7. Ideal Teaching Machines -- A Solution to the Pedagogic Language. Communications of tne ACM. April, vol 16: 207-208. 12353 The Use or an Information System to "Humanize" Procedures in a Rehabilitation Hospital. International Journal ot Bio-Medical Computing. Vol 5: 51-57. Information for Public Policy. Computers uni Society. Vcl S(2): 2. (Invited editorial). The Simon fraser One-Track Universal Curriculum for Computing Science. SIGSCt Bulletin, ACM February, vol 6(1): 28-32. 19 73 The Statistician vis-a-vis Issues of Public Healtn. The American Statistician. December, Vcl 27(5): 212-217. Extending the General Fieli Equation to fit the Dose Distributions of a variety of Therapy Units. British Journal ot Radiology. Voi U6; 983-990 . (J. A'einkam, senior author.) Air Pollution and Smoking. Environment. Voi 15(b) : 3-5 , 25-26. Dynamic Display ot Radiotherapy Plans Using Computer-Produced Films. Radiology. June, Vol 107: 639-691. Humanists and the Computer Community. Humanist in Canada. Vol 25: 2-6 . Computing and the humanization of Medicine. Internatio nai Journal ot ciomeaical Computing. Editorial, July, Vol h(3): 159. 1972 Difficulties of Measuring . the Effects of Air Pollution vs the Effects of Smoking. Presented at the 139th Meeting of the American Association for tne Advancement of Science, December 1972. A versatile System for Three-Dimensional Radiation Dose Computation and Display, RTP. Computer Programs in Biomedicine. Voi 2: 178-192. (J. weinkam, senior author.) Fitting the General Field Equation to the Siemens Gamnatron 3. 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Three-Dimensional Treatment Plan Display on Computer-Produced Films. Computers in Radiology, op.. 12-14. A Review of the Claim that Excess Horsiaity m u Disability Can Be Ascribea to Smoking. Journal of tna American statistical Association. Voi to(334): 251-257. A Critical Reassessment of the Evidence Bearing on Smoking as the Cause or Lung Cancer. Special Report on the Washington University Project on the Review of Crucial Data Searing on the Sraoxinc and Health Issue, St. Louis. Robot Data Screening, An Intelligent (?) Data Search Technique. AGAftD Conference Proceedings No. 94 on Artificial Intelligence, 2-1-2-r, Tecnnical Editing and Reproduction Limited, London. Comment on Smoking Docs. Letter to tne Editor. Archives ot Environmental health, vol. 22: 631 -632. 1970 Problems in Determining if a Commonly-Used Herbicide (2,4,5-T) Has an Effect on Human Health. Proceedings or the Sixth Berkeley Symposium cn r.atne.naticai Statistics and Pratabiii ty, Reid at the Statistical Laboratory, University cf California. University of California Fress, pp. 479-494. Experience with a ''Universal" Introductory Course in Computer Science. Proceedings of SIGCSE Technical symposium on Academic Education m Computer Science, November 1b, 1970. Houston, Texas. SIGCSE Bulletin, Vol 2(3), Association for Computing Machinery, hew York. 12380 Robot Data Screening, An Automatic Search Technique. 1:io-nedical Computing. Voi 1: 61-74. (From the Proceedings of the Conference on Statistical Computation, University of Wisconsin, April, 1969 .) Report on Progress in the Development of Visual Prosthesis. The New Outlook for the alind. February, Voi 64: 41-46. 19b9 Automatic Data Screening: A Practical Solution to the Multivariate Problem in Clinical Data. Annals of the New York Academy of Sciences. Vol 161: 632-640. A Comment on "Air Pollution -- The Industrial viewpoint" . Journal of Occupational Medicine. July, Vol 11: 3o1-Se3. Robot Data Screening -- a Ubiquitous Automatic Search Technique, in nilton, C. h. and Nelder, J. A. (lid.) , Statistical Computation, Academic Press, New York. pp. 319-333. Measuring tr.e Effect of Air Pollution on Ursan Morbidity. Archives of Environmental Health. April, Vol 13: 486-494. 1968 Computer Interface, Input Metnods, ana Presentation of Results. Role or Computers in Radiotherapy, International Atomic Energy Agency, Vienna. Paper o. 15, pp. 136-141. Optimization as a Joint Result of Planning and Implementation. Role or Computers ir. Radiotherapy, International Atomic EnergyAgency, Vienna, pp. 163-167. Display Devices for Computer Translated Jraille. Proceedings Conference on New Processes for 6raille Manufacture, 196c, Center for Sensory Aids Evaluation and Development, hassaenusets Institute of Technology. February, pp. 14-20. 1967 Automation of Radiation Treatment Planning, VI: A General Field Equation to Calculate Percent Deptn Dose in the Irradiatea Volume of a Cobalt 60 Beam. British Journal of Radiology. Vol 40: 463-468. Urban hospital Morbidity and Air Pollution: Second Report. Archives of Environmental Health, vol 15: 362-374. ^Aa ^ I. XX ( , O X. A New Direction in Periab i1ita ticn Through Advanced Instrumentation and Ceraputat ion. Journal of the American Medical Association! Vol 200(7): 625-629. The Use ot Computers in TheraDeutic Radiology, Summary Report of an International Conference held in Camoridge, England, Junt 19tt> (iuitor). rritish Institute of Radiology, London. Final Narrative. Report, Training of the Blind tor Professional Conputer Work. Department of Health, Education, and Welfare, RD-1 hfjb-S-67-Ci. 1966 Eobot Lata Screening: A Solution to Multivariate Type Proclenis in the Biological and Social Sciences. Comraunicatons of the ACM. Vol 9(7): 529-532. A Biologically-Oriented Computer Language. Annals of the hew York Academy ot Sciences. Vol 128(3): 755-765. (5. V. Pollack, senior eaitor.) Cancer Therapy - Computation ana Visualization of Dose DistriLutiens in External Beam Therapy. Journal of Chronic Diseases. Vol 15: 52J-539. Use . c-t the Computer to Teach Introductory statistics. Communications of the ACM. Vol 9: 27U-276. Computers: Vo Longer a Eig Bargain for Uneducated Users. Comouters ana Automation. Vol 1b: 1-U. (S.V. Pollack, senior author .) The Selection, Training, and Placement of Elind Computer Programmers. Report of the Association for Computing Machinery. Is Medical Diagnosis a General Computer Problem? Journal of the American Medical Association. Vol 196(3): 281-266. Befogging the Issue: California has discovered that laws can't control auto exhaust fumes. Barron's, May 2, pp. 5, lh-15. Urban Morbidity and Air Pollution: A first Report. Archives ot .Environmental Health. Vol 13: 158-170. The Blind as Computer Programmers. Rehabilitation Record. Vol 7(1): 7-10. Role ot Statistics in the World of Computers. Annals of the New York Academy of science. Vol 128(3): 1108-1115. JfLo o Go o The Role ot the Blind in Data Processing. Presented at Thirc Annual Conterence on Computer Personnel Research Group, held at Washington University, 1965. Reprinted in Computers anc Automation. Voi 1b: 2d-27. Proceedings on the i-'raille Research and Development Conference, Sensory Aids, Evaluation and Development. Massachusetts Institute ct Technology, November, 1966. 1965 Automation of Radiation Treatment Planning, v: Calculation anu Visualisation cf the Total Treatment Volume. British Journal ot Radiology. Vol 36: 906-913. Robot Data Processing Techniques for Multivariate Epidemiological Predictions. Annals of the New York ncacemy ot Science, vox 126(2): 77 9-79;. The Role of the Blind in Data Processing. Procedures of Third Annual Computer Personnel Researcn Conference, June I9bb. (M. 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Pergamon Press, New forx, op. 103-111. 1 SO 3 Do Malignancies Result from Diagnostic and Therapeutic Radiation? Genetics and the epidemiology of Chronic Disease, U.5. Dept- cf healtn, Education and Welfare, pp. 3o5-371. KEDC0MP, Part 1, Statistical Systems. Medical Computing Center, University cf Cincinnati, Ohio. Boron, Caamium, Chromium, and flicxel in tne 3iood and Urine. Archives ot Environmental Health. Vol 6: 23b-295. (H. Imbus, senior author.) Potential Hazard ot Exposure to Lead. Archives ci environmental Health. Vol 6: 255: 272. (ft. Kehoe, senior autner.) Carcinogenic Effects of T131 Compared with X-Irraciation - A Review. Health Physics. Vol 9: 1371-1364. (S. Saenuer, senior author .) Automation cf Radiation Treatment Planning, III: a SimpiilieQ T7 Stea of Digitizing Isodoses ana Direct Print-Cut of Dose Distribution. British Journal of Raaiclogy. vol 36: 522-527. Intravenous Methotrexate (Amethopterin) Therapy in tne Treatment of Acute Leukemia. Pediatrics. Vol 31: e34-339. (J. Perrin, senior author.) < rs n * 1C OO Automation c Radiation Treatment Planning, II: Calculation ot lion-Convergent Field Dose Distributions. British Journal ot Radiology. Vol 36(427): 63-67. Roto t Treatment Planning. Procedures cr tne Rochester Con erenee on Data Acquisition ana Processme in Biology and Medicine, Sen York, 1962. Peraamon Press, New Yarn, pp. 299-319. Robot Data Screening. Proceedings ot tne Rochester Conference on Data Acquisition and Processing in Biology and Medicine, Sew York, 1962. Percamon Tress, New York, pp. 231-242. 1962 Occupational Exposure to Organic Lean Compounds. Archives ot Environmental health. Vol b : 532-b36. (R. DeTriville, senior author.) New Developments in Chronic Disease Epidemiology: Competing Risks and Eligibility. American industrial hygiene Association Journal. Vci 23: 433-Lu6. Radiation Lpidemiology. Cancer. Vol lb: 439-503. Comparative Studies of Certain ^ead Alkyls. Archives ot Environmental Health, vol 5: 525-b26, 532-536. (E. Bingham, senior author.) 19 M A Practical Procedure for Automating tion Treatment Planning. British Journal of Radiology. Vol 34: 7^6-733. Epidemiological flethoas and Community Air Pollution. Arcr.ives ot Environmental Health. Vol 3: 267-275. (J. Phair, senior author.) Competing Causes ot Deatn in Coal Tar Workers. Kettering Report. 1960 Cesium-137 Retention and Distribution in x-Irraaiatea Rats. O.S. Army Medical Research Laboratory, Fort Knox, Kentucky. Report No. 504. (G. Keriakes, senior author.) Seasonal Variations in the Birth of the Mentally Deficient? American Journal c Public Health. Vol 50: 955-965. r" rt ! The Lead Content ot the Atmosphere. Presented at the 53rd Annual Meeting or APCA, May 1960, Cincinnati. (J. Cholax, senior author.) Vhat is :c leculiar About Accepting the Null Hypotnesis? Psychological Reports. Vol 7: 363-364. Meopiasia Following Therapeutic Irradiation for Benign Conditions in Childhood. 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Project Michigan Z345, Z914, Jniversity of Micnigui. A General Survey of Statistical Decision Theory. Project Michigan Z915, University of Michigan. 12366