Document VJm5Rn5qQ9YeQGvJn7Ky315wq

1 3I3W) 1 IN THE CIRCUIT COURT OF PUTNAM COUNTY, WEST VIRGINIA 2 FLOYD D. KING, WALLACE BENNETT, 3 ROBERT STALNAKER, / 4 Plaintiffs, 5 vs. CIVIL ACTION NO. 98--C--70 CIVIL ACTION NO. 97--C--397 6 CIVIL ACTION NO. 97-C-333 7 OWENS-ILLINOIS, et al., 8 Defendants. />~o ^ r^~' - 9 10 11 TELEPHONIC DEPOSITION OF: DR. RAYMOND HARBISON 12 DATE: February 8, 1999 13 TIME: 1:04 p.in. 14 15 LOCATION: 16 17 16 TAKEN BY: Law Offices of Ness, Motley, Loadholt, Richardson Poole 151 Meeting Street, Third Floor Charleston, SC Counsel for the Plaintiffs 19 REPORTED BY: LISA F. WALKABOUT Court Reporter 20 21 A. WILLIAM ROBERTS, JR., & ASSOCIATES 22 23 Charleston, SC (843) 722-8414 24 Greenville, SC 25 (864) 234-7030 Columbia, SC (803) 731-5224 Charlotte, NC (704) 573-3919 A. WILLIAM ROBERTS, JR., & ASSOCIATES * f 2 1 APPEARANCES OF COUNSEL: 2 ATTORNEYS FOR THE PLAINTIFFS FLOYD D. KING, WALLACE BENNETT, ROBERT 3 STALNAKER: 4 NESS, MOTLEY, LOADHOLT, RICHARDSON & POOLE 5 BY: JAMES H. RION, JR. 151 Meeting Street, Suite 315 6 Charleston, SC 29401 (843) 720-9132 7 ATTORNEYS FOR THE DEFENDANT 8 OWENS-ILLINOIS: 9 HENDRICKSON & LONG BY: DAVID K. HENDRICKSON 10 (Via Telephone) 214 Capitol Street 11 Charleston, WV 25339 (304) 346-5500 12 (INDEX AT REAR OF TRANSCRIPT) 13 14 15 16 17 18 19 20 21 22 23 24 25 A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 3 1 PROCEEDINGS 2 *********** 3 MR. RION: Before we begin/ just for the 4 record. I'm James Rion representing the Plaintiffs/ 5 and the other lawyer's Dave Hendrickson representing 6 Owens-Illinois. And I suppose, with that, we could 7 just swear Dr. Harbison and begin; is that all right/ 8 Dave? 9 MR. HENDRICKSON: That's fine, James. 10 RAYMOND HARBISON 11 being first duly sworn, testified as follows: 12 EXAMINATION 13 BY MR. RION: 14 Q. Dr. Harbison, where are you currently 15 employed? 16 A. At the University of South Florida. 17 Q. And what's your position there? 18 A. I am professor of environmental and . 19 occupational health and professor of pharmacology and 20 therapeutics and pathology in the College of Public 21 Health and in the College of Medicine. 22 Q. And you are a medical doctor? 23 A. No, sir, I am not. 24 Q. You don't have an MD degree, then? 25 A. I do not. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 4 1 Q. How much of your current income do you 2 derive from legal medical consulting work outside of 3 your academic practice? 4 A. I would estimate it's around 30 percent. 5 And that varies from year to year, but that's 6 probably a good estimate. 7 Q. How much of that is asbestos? 8 A. Oh, it would be a very small part. I 9 would say probably less than a couple percent. 10 Q. And what other type legal, medical 11 legal, consulting work do you do? 12 A. We have a clinic in which we see 13 patients, do independent medical exams. I do some 14 medical monitoring or surveillance for workers that 15 are on hazardous waste sites or respond to chemical 16 spills. I also review workmen's compensation claims / 17 and also personal injury claims. 18 Q. All right, the medical monitoring work, 19 that's done by medical doctors who are part of the 20 same facility? 21 A. What -- what this would be is doing 22 pre-employment exams, for example, for people who 23 have to comply with OSHA regulations with regard to 24 wearing a respirator, looking at existing conditions 25 as to whether or not they can respond to field A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 activities, it would be those sorts of -- of 5 2 activities. 3 Q. And do you do that personally, or do 4 you-all have a medical doctor who does that? 5 A. No, sir, I -- X am not a medical doctor, 6 we -- part of your clinic. 7 Q. And is that done at the request of 8 employers? 9 A. Yes, sir. 10 Q. And the workers' comp work that do you, 11 is that typically done at the request of employers or 12 workers or what? 13 A. It would be all; it would be individuals, 14 it would be insurance companies, it would be IS employers. It would be all of those. 16 Q. What percentage of the workers' comp work 17 would you estimate is done either for insurance 18 companies or employers? 19 A. Oh, I would estimate that it's more than 20 50 percent. I -- I couldn't give you an exact 21 number, but it's -- it's certainly more than half. 22 Q. And is all the asbestos work you do at 23 the request of Owens-Illinois, or is there other 24 asbestos-related consulting work? 25 A. There would be others as well. A. WILLIAM ROBERTS, JR., ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 6 1 Q. Could you describe that for me? 2 A. It would be a worker compensation claim, 3 it would be an evaluation of risk associated with 4 exposure to asbestos, for example, that might be 5 contained in a workplace or in the environment. 6 Those would be some of the other activities. 7 Q. Have you ever testified at a jury trial 8 in a matter involving asbestos? 9 A. Yes. 10 Q. How many times? 11 A. I would estimate it's probably been about 12 four. 13 Q. And who was that at the request of? 14 A. One would be for Hendrickson & Long, IS another would have been the Baltimore cases, and I 16 believe there was one occasion in Louisville. / 17 Q. Were all of those Owens-Illinois cases? 18 A. Yes, sir, I believe so. 19 Q. Doctor, you were not involved in the 20 Kaylo studies, were you? 21 MR. RION: K-A-Y-L-0. 22 THE COURT REPORTER: Thanks. 23 THE WITNESS: Kaylo studies where? 24 BY MR. RION: 25 Q. Anywhere. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 7 1 A. No, sir. 2 Q. My question was probably a bad question. 3 Just so the record's clear, when you said, no, sir, 4 you're agreeing that, no, sir, I was not involved; is 5 that what you're saying? 6 A. No, I have not done any studies or been 7 involved with studies of Kaylo. 8 Q. Thank you. So your only involvement with 9 Owens-Illinois or Kaylo has been for the purposes of 10 reviewing materials for possible expert witness work? 11 A. Oh, I -- I have reviewed the Cerenak Lake 12 documents for Owens-Illinois and that's all I've 13 done. 14 Q. And you did that for the purposes of 15 evaluating the materials for expert witness work? 16 A. Well, that's certainly not what I 17 initially did it for, but I have certainly testified 18 about it. 19 Q. Well, what did you initially do it for? 20 A. They asked me to look at those documents 21 and to advise them of what was done and my 22 perspective of what was done. 23 Q. When was this? 24 A. Oh, that would have been probably about. 25 I'll say, 19 -- late nineteen-eighties. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 8 1 Q. All right. So they didn't seek your 2 advice when Owens-Illinois was manufacturing Kaylo? 3 A. No, sir. 4 Q. It was after litigation about the Kaylo 5 product developed? 6 A. Yes, sir. 7 Q. And who was it who came to you to ask for 8 your opinion? 9 A. I believe that I was first contacted by a 10 fellow by the name of Gardner Duval. 11 Q. And what was his position? 12 A. He was, I believe an -- I'm sure he was 13 an attorney with some group, I believe in Baltimore. 14 Q. And what did he tell you? 15 A. He asked me to look at the Cerenak Lake 16 documents. / 17 Q. Did he indicate that Owens-Illinois was 18 involved in litigation concerning the documents? 19 A. I'm sure he probably did. I -- I don't 20 actually recall. 21 Q. After you met with him, did you have any 22 other meetings with Owens-Illinois lawyers -- first 23 of all, who was at this first meeting? 24 A. Just Gardner Duval and myself. . 25 Q. Did he come to see you? A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 9 1 A. Yes, sir, he did. 2 Q. And how long did you spend with him? 3 A. I would estimate probably a day. 4 Q. And what did you do? 5 A. He described the Cerenak Lake documents. 6 gave them to me. We talked about the testing, and he 7 left behind the Cerenak Lake documents and the 8 deposition, I believe, of Mr. Hazard. 9 Q. Did he describe for you Owens-Illinois' 10 strategy in defending the cases? 11 A. No, sir. 12 Q. Did you have any subseguent meetings with 13 Owens-Illinois lawyers? 14 A. Yes. 15 Q. When was the next meeting? 16 A. I -- I could not tell you that. I -- I 17 met with lawyers before testifying in Baltimore, and 18 I met with lawyers before testifying in Louisville. 19 Q. All right. Other than that, how many 20 other meetings have you had with Owens-Illinois 21 lawyers? 22 A. I -- I don't -- I don't recall others. 23 Q. Are those the only ones? 24 A. Well, those are the only ones I can 25 recall. I --- I don't -- I mean, that's about ten A. WILLIAM ROBERTS, JR., & ASSOCIATES DR- RAYMOND HARBISON - EX. BY MR. RION 1 years ago, so I -- I frankly don't remember. 10 2 Q. Yes, sir. And you've been furnished the 3 documents from Cerenak Laboratory concerning the 4 experiments Owens-Illinois had Cerenak run on Kaylo, 5 correct? 6 A. That is correct. 7 Q. And you've been furnished Mr. Hazard's 8 deposition? 9 A. That is correct. 10 Q. Any other materials Owens-Illinois has 11 furnished you? 12 A. No. 13 Q. Did any of the documents generated by the 14 Cerenak Laboratories state that Kaylo was a hazardous IS material? - 16 A. I don't recall any documents that 17 specifically stated it was a hazardous material, I -- 18 I don't recall that. 19 Q. Do you recall any documents generated 20 from Cerenak Laboratories saying that precautions or 21 preventive measures need to be taken with the Kaylo 22 product? 23 A. I don't recall any precautions or 24 preventive measures other than adequate ventilation 25 and dust control, which was ongoing in -- in the A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 11 1 facilities. I don't recall anything other than that. 2 Q. Do you recall, then, that Cerenak advised 3 that industrial hygiene dust control precautions 4 needed to be taken with the Kaylo product? 5 A. Not specifically with the Kaylo product. 6 I believe that it was an advice to control dust as 7 they had been doing and that they should continue 8 doing that. 9 Q. But, as I understand what you're saying, 10 they were advised that dust generally needed to be 11 controlled, but there was nothing about Kaylo dust 12 specifically being needed to be controlled? 13 A. I don't recall any specific reference to 14 Kaylo, other than Kaylo, of course, there was a dust 15 produced; and it advised about dust control, which 16 would have included Kaylo. 17 Q. From looking at the Kaylo box during the 18 time that Owens-Illinois manufactured the product, 19 would there have been any way of telling by looking 20 at the box or product that the product contained 21 asbestos? 22 MR. HENDRICKSON: I don't know if he's 23 ever seen a box. 24 THE WITNESS: Yeah, I -- I have never 25 seen a box. A. WILLIAM ROBERTS, JR-, & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 BY MR. RION: 12 2 Q. All right. 3 MR. HENDRICKSON: I think I ought to 4 object. I mean, maybe you should ask him if he's 5 ever seen one before. 6 BY MR. RION: 7 Q. Well, as far as you know, from any of the 8 materials that you reviewed, did you see any 9 indication that Owens-Illinois ever advised its 10 customers that the Kaylo product contained asbestos? 11 A. From the Cerenak Lake documents, the -- 12 there -- there -- I have seen nothing that would 13 indicate that, but I haven't seen any boxes or -- or 14 other descriptive materials. 15 Q. Did any of the documents you were 16 furnished from Cerenak Laboratories state that the / 17 Kaylo product is toxic, in those words? 18 A. I don't recall that specific statement. 19 Q. Did any of the documents you were 20 furnished from Cerenak Laboratories state or address 21 whether asbestos is a carcinogen? 22 A. The only reference to cancer is in the 23 publication, the 1955 publication, which states that 24 there was no finding of neoplasia from the studies. 25 Other than that, I don't recall any statements. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 13 1 Q. So you don't recall anything from Cerenak 2 specifically stating whether asbestos is or was a 3 carcinogen? 4 A. Well, other than, in the findings, there 5 wasn't any finding of neoplasia. 6 Q. Right. 7 A. Other than that, I -- I don't recall any 8 statements. 9 Q. In your opinion, what was the purpose of 10 the Raylo studies? 11 A. The purpose of the studies was to 12 determine that, at the highest achievable levels of 13 exposure, if there was any adverse effects that would 14 be seen in laboratory animals as a result of exposure IS to the Kaylo dust. 16 MR. HENDRICKSON: James, can I clarify 17 one thing? 18 MR. RION: Yes, sir. 19 MR. HENDRICKSON: I don't mean to 20 interrupt you. The question, the one before the last 21 one, when you're talking about from Cerenak, are you 22 talking about just -- you're talking about the Kaylo 23 studies now, right, you're not talking about any 24 other Cerenak studies? 25 MR. RION: I'm talking about anything A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 Owens-Illinois gave him -- 14 2 MR. HENDRICKSON: Oh, okay. 3 MR. RION: -- that came from Cerenak -- 4 MR. HENDRICKSON: Okay. 5 MR. RION: -- so I think his answer 6 probably would be the same. 7 MR. HENDRICKSON: Okay. 8 BY MR. RION: 9 Q. Now, understanding that the immediate 10 purpose was to see what happened in animals, Doctor, 11 was there any larger objective concerning humans, or 12 was the purpose limited to simply wanting to know 13 whether animals could get asbestosis? 14 A. Well, the -- the purpose wasn't to see if 15 animals could get asbestosis, the purpose was to see 16 whether or not, if, at the maximum level of exposure 17 that was achievable, there would be any adverse 16 effects produced in the animals, knowing that there 19 was silica, asbestos both being in the product. 20 And the objective was to determine 21 whether or not, in this new condition -- that is, the 22 formula in which these materials were contained -- 23 whether they would still have their individual 24 properties of being able to produce pneumoconioses 25 and that was the purpose of the study. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 15 1 Q. Do you believe that, although animals 2 were used, one of the purposes of the study was to 3 evaluate, help evaluate, the product's possible 4 effects on humans? 5 A. Sure. 6 Q. Do you believe that, given the state of 7 the art existing at the time, the Kaylo study was 8 reasonably designed? 9 A. Yes, sir. 10 Q. Do you have any specific criticisms of 11 the study based on the state of the art that was in 12 existence when the study was done? 13 A. I do not. 14 Q. My next question. Doctor, is limited to. 15 remember, documents generated by Cerenak; okay? 16 A. Yes, sir. 17 Q. Did you see any of the ma -- and let me 18 back up: Did you see, in any of the reports or 19 correspondence from Cerenak after 1947, any 20 statements that the Kaylo product was not hazardous 21 to humans? 22 A. You mean that specific statement, not 23 interpreting -- 24 Q. Yes, sir. 25 A. -- the narrative, but that statement A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 specifically? 2 Q. Yes, sir. 16 3 A. I don't recall any statement that said 4 that it was not, and there was no statement that said 5 that it was. 6 Q. Now, in the initial study, the initial 7 results in 1947 showed no response, correct? 8 A. That is correct -- well/ yes, that's 9 correct. 10 Q. No response to asbestos? And then, in 11 1948, the researchers found that all of the animals 12 exposed had developed fibrosis or asbestos-related 13 fibrosis, correct? 14 A. I -- I don't remember the total number, 15 but I think that's -- that's probably close. 16 Q. And Cerenak then wrote Owens-Illinois and / 17 said the earlier findings from 1947 would have to be 18 reversed, correct? 19 A. That's correct. 20 Q. And do you agree that, as of 1948, the 21 documents and correspondence indicate that, insofar 22 as the experiments were studying the effects of 23 asbestos, the conclusions at that point were final 24 with regards to asbestos as of 1948, although further 25 work was to be done regarding tuberculosis and A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 diatoinaceous earth? 17 2 And when I say final, I mean final with 3 regards to the disease asbestosis, although further 4 work was to be done regarding tuberculosis and 5 diatomaceous earth. 6 A. I -- I'm not sure I understand that. Do 7 you -- do you mean, was the conclusion in 1948 that 8 the product, under these conditions of exposure, 9 could -- could produce asbestosis? 10 Q. Was that conclusion, at that point, a 11 final conclusion with regard to that specific point, 12 yes, sir? 13 A. I -- I believe so. And -- and actually, 14 when you asked me the question earlier about the 1947 15 data, the 1948 data didn't reverse the 1947 16 conclusions. I mean, the data up to 1947 is valid. 17 Q. Right. 18 A. But what it did do is show that an 19 additional length of exposure could result in the 20 fibrosis and asbestosis. So it didn't reverse it, it 21 demonstrated that additional exposure in fact could 22 lead to that condition. 23 Q. And so you would.not use the word 24 reversed to describe the change from '48 to '47 -- or 25 '47 to '48? A. WILLIAM ROBERTS, JR., & ASSOCIATES . DR. RAYMOND HARBXSON - EX. BY MR. RION 18 1 A. Well, no. I mean, it didn't -- it didn't 2 change the '47 data, it -- it -- it simply added to 3 it, showing that a longer period of exposure could 4 result in effects. 5 Q. Do you recall if, anywhere in the Cerenak 6 documents, just sitting here. Doctor, whether Cerenak 7 ever used the term reversed to describe the 8 relationship between the '48 results and the 1947 9 results? 10 A. I -- I do not recall whether that term is 11 used or not. 12 Q. Now, I think you and I are on the same 13 wavelength here. Do you agree that, in 1948, Cerenak 14 had completed its evaluation of whether the Kaylo 15 product can cause asbestosis in the animals, and the 16 subsequent work from '48 to '52 concerned other 17 issues? 18 A. I don't -- 19 Q. Or do you remember? 20 A. Yeah, I don't -- I don't recall the 21 asbestos exposure alone continuing beyond 1948; I 22 believe it was looking at the effect of asbestos on 23 tuberculosis. So, best I can recall, it was looking 24 at other issues. . 25 Q. So best you can recall, my statement A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 sounds correct? 19 2 A. Yes, sir. 3 Q. All right. Based on what you know about 4 the state of the art existing in 1955, including but 5 not limited to the finished -- excuse me -- including 6 but not limited to the Kaylo studies, do you believe 7 there was any reason to be concerned about the health 8 of a person who was working with the finished product 9 Kaylo? 10 MR. HENDRICKSON: Let me just interpose 11 just, I guess, an objection. He's not being offered 12 as a state of the art witness in the pure sense that 13 I think you and I refer to it as, James. I mean, 14 I -- . 15 MR. RION: Well, let me rephrase my 16 question, then. 17 MR. HENDRICKSON: Well, let me just 18 finish, and maybe you can, and I think we'll 19 understand where we're going. I think he can 20 comment -- certainly your question is a fair question 21 as far as state of the art of this type of testing 22 and that kind of stuff. 23 MR. RION: Right. 24 MR. HENDRICKSON: That's what he is being 25 offered about, but as far as coming in and testifying A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 20 1 about what the medical literature was back then, 2 that's not what he's being offered about. 3 BY MR. RION: 4 Q. Okay, I've got a simpler way of doing it. 5 Doctor, based on what you know and what you've seen, 6 would there have been any reason in 1955 to be 7 concerned about the health of a person who was 8 working with the finished product Kaylo? 9 A. I don't know of any specific reason there 10 would have been for concern other than normal 11 industrial hygiene practices, work practices for dust 12 suppression and protection against dust. I don't 13 know of any other precautions that would have been 14 indicated based upon the information that was 15 available at that time. 16 Q. Doctor, based on what you've known and / 17 seen, would you have recommended, based on 1955 state 18 of the art, for persons working with the finished 19 product Kaylo, that they be x-rayed to see if they 20 developed any sign of disease? 21 A. No. 22 Q. Based on what you know about the Kaylo 23 product in 1955 and based on 1955 state of the art, 24 would you have recommended that persons involved in 25 removing the finished Kaylo product from the box as A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 21 1 part of their job, should those persons be x-rayed, 2 based on 1955 state of the art, to see if they 3 developed any disease? 4 A. I would not know of any reason to do 5 that. 6 Q. Doctor, I want to ask you if you agree or 7 if you know -- I'm going to ask you a question; if 8 you simply don't know, just tell me you don't know. 9 Do you agree that, by 1955, it was established with 10 reasonable probability that persons who had the 11 disease asbestosis suffered an increased incidence of 12 lung cancer? 13 A. I -- I don't know the answer to that. 14 Q. So would it be fair to say you don't hold 15 an opinion about when the relationship between 16 asbestos and cancer was established with reasonable 17 probability? 18 A. I -- I haven't looked at that, and I 19 don't have an opinion about that. 20 Q. Do you expect to offer an opinion at 21 trial about when it was known that the disease 22 mesothelioma or any other pleural tumor was linked to 23 asbestos exposure? 24 A. I do not intend to offer such an opinion. 25 Q. Do you agree, Doctor, that asbestosis. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 22 1 lung cancer and mesothelioma can all be fatal under 2 certain circumstances? 3 A. I suppose that's possible, yes. 4 Q. Do you also agree that, once a 5 manufacturer -- leaving aside what it takes to 6 provide notice to a manufacturer that his product 7 causes disease -- do you agree that, once a 8 manufacturer knows that his asbestos product causes 9 asbestosis, lung cancer or mesothelioma, any one of 10 those, that he should warn customers or users to take 11 precautions with the product? 12 A. I'm sorry. 13 Q. You want me to try that again? 14 A. Yes. I'm sorry, I can't remember it all, 15 it's too long. 16 Q. Would you agree that, once an asbestos / 17 manufacturer knows that his product causes either 18 asbestosis, lung cancer or mesothelioma, any one of 19 those, that, at that point, that manufacturer should 20 begin advising users or consumers to take precautions 21 with the product? 22 MR. HENDRICKSON: Just note my objection 23 to the question; go ahead. 24 THE WITNESS: I -- I wouldn't -- I . 25 wouldn't necessarily agree with that. A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 1 BY MR. RION: 23 2 Q. Why not? 3 A. Well, because the use of the product may 4 not result in a risk of increasing any of those 5 conditions. 6 Q. All right, well, let me rephrase my 7 question; I think I understand your answer. How 8 about once a manufacturer knows that his product 9 causes an increased risk to humans, in its ordinary 10 and intended use, of either asbestosis, lung cancer 11 or mesothelioma, that he should, at that point, begin 12 advising customers to take precautions? 13 MR. HENDRICKSON: Same objection. 14 THE WITNESS: Well, my answer would be IS the same as it was before. Just because it increases 16 the risk, that doesn't -- doesn't necessarily mean 17 that where this product is is going to result in an 18 exposure that's going to increase the risk, so it may 19 or may not be appropriate. 20 BY MR. RION: 21 Q. What would it take. Doctor, before you 22 would say a manufacturer should advise users to take 23 precautions with its products? 24 A. Well, if there was a significant increase 25 of risk based upon exposure, then there may be some A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 24 1 reason to offer a statement about precautions, but -- 2 but certainly, during that period of time, that 3 was -- was not -- not done. 4 Q. All right. Well, once you have a 5 sufficiently -- I guess what I'm asking, do you think 6 the manu -- once the manufacturer knows a product can 7 cause any one, knows with reasonable probability that 8 his product can and in fact will cause asbestosis or 9 lung cancer or mesothelioma, do you think it is 10 appropriate to begin advising that precautions be 11 taken? 12 MR. HENDRICKSON: I object to the 13 question again. 14 THE WITNESS: Again, not necessarily; 15 it depends on the exposure. 16 BY MR. RION: f 17 Q. So you think there are certain 18 circumstances under which a manufacturer might know 19 that his product is in fact causing disease, but yet 20 you would think it would still be appropriate that he 21 fail to warn customers about the potential hazard, 22 depending on the exposure? 23 A. Well, I think if a manufacturer has 24 scientific data that indicates that his product is 25 causing disease, then he certainly has an obligation A. WILLIAM ROBERTS, JR., & ASSOCIATES DR. RAYMOND HARBISON - EX. BY MR. RION 25 1 to provide some information to alter that exposure. 2 So I would think that, if that information existed, 3 then it might be appropriate. 4 5 have. MR. RION: Okay, I think that's all I 6 MR. HENDRICKSON: That'S it? 7 MR. RION: Let me look at my notes. 8 MR. HENDRICKSON: Okay. 9 MR. RION: That's all I have. 10 MR. HENDRICKSON: Doctor, do you want to 11 read this? 12 THE WITNESS: I don't think it's probably 13 necessary. 14 (The witness, after having been advised 15 of his right to read and sign this transcript, waives 16 that right.) 17 (The deposition concluded at 1:35 p.m.) 18 19 20 21 22 23 24 25 A. WILLIAM ROBERTS, JR., & ASSOCIATES 26 1 CERTIFICATE OF REPORTER 2 3 I, Lisa F. Walkabout, Court Reporter and 4 Notary Public for the State of South Carolina at 5 Large, do hereby certify: 6 That the foregoing deposition was taken before 7 me on the date and at the time and location stated on 8 page 1 of this transcript; that the witness was duly 9 sworn to testify to the truth, the whole truth, and 10 nothing but the truth; that the testimony of the 11 witness and all objections made at the time of the 12 examination were recorded stenographically by me and 13 were thereafter transcribed by computer-aided 14 transcription; that the foregoing deposition as typed 15 is a true, accurate, and complete record of the 16 testimony of the witness and of all objections made / 17 at the time of the examination. 18 I further certify that I am neither related to 19 nor counsel for any party to the cause pending or 20 interested in the events thereof. 21 22 23 24 25 A. WILLIAM ROBERTS, JR., & ASSOCIATES 27 1 Witness my hand/ I have hereunto affixed my 2 official seal this 10th day of February/ 1999 at 3 Charleston/ Charleston County/ South Carolina. 4 5 *6 7 > I8 \ 9 10 gy'ft#* U)aJLkQJht*t_ Lisa F. Walkabout Court Reporter My Commission Expires November 14, 2004 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. WILLIAM ROBERTS, JR., & ASSOCIATES 28 1 INDEX 2 Page 3 WITNESS/EXAMINATION 4 RAYMOND HARBISON 5 EXAMINATION 6 BY MR. RION 7 CERTIFICATE OF REPORTER 8 3 26 9 REQUESTED INFORMATION INDEX 10 (No information requested) 11 12 EXHIBITS 13 (No exhibits proffered) 14 15 16 / 17 18 19 20 21 22 23 24 25 A. WILLIAM ROBERTS, JR., & ASSOCIATES HARBISON, DSL RAYMOND CondenseltTM '47 - effects '47 p] 1734 1735 14:17 2033 213 23:25 College p] 3:20 17:16 18:2 24:24 183 advice p] 83 begin p]3:3 3:7 3:21 date pj 1:12 26:7 '48 [4] 1734 18:8 18:16 '52 p] 18:16 04 pj 1:13 1 pj 1:13 26:8 10th P] 27:2 14 [l] 27:9 151 pj 1:16 19 p] 7:25 1947 m 15:19 16:17 17:14 17:16 18:8 1948 PI 16:11 1634 17:7 18:13 18:21 1955 m 1233 20:6 20:17 1735 25:17 2:5 16:7 17:15 1630 17:15 19:4 2033 11:<S advise pi 2332 advised [S] 11:10 11:15 25:14 advising pi 23:12 24:10 affixed [i] again p] 22:13 24:14 against p] ago p] 10:1 aaoepj 16:20 21:6 215 22:4 22:7 22:25 agreeing pi 7.21 11:2 12.-9 22:20 27:1 24:13 20:12 18:13 2135 22:16 7:4 22:20 23:11 24:10 behind pj 9:7 BENNETT pj 13 23 bestpj 1833 1835 between p] 21:15 18:8 beyond [i] 1821 box [5] 11:17 11:20 1133 1135 2035 boxes [i] 12:13 cancerm 21:12 21:16 225 22:18 245 12:22 22:1 23:10 Capitol [i] 2:10 carcinogen pi 1231 133 Columbia pi 1:23 coming pj 1935 comment pj 1930 Commission pi 27:8 COmpp]5:10 5:16 companies p] 5:14 5:18 compensation p] 4:16 63 complete pj 26:15 completed p] 18:14 comply [i] 433 computer-aided pj 26:13 concern pi 20:10 concerned pj 18:16 19:7 20:7 Dave pi 3:5 3:8 DAVID pi 25 DEFENDANT pj 2:7 Defendants pi 1:8 defending pi 9:10 degree [i] 3:24 demonstrated pi 17:21 depending (i] deposition pj 9:8 10:8 26:6 26:14 24:22 1:11 25:17 derive p] 43 describe pj 95 1734 described p] 6:1 18:7 9:5 * 2033 213 21:9 1999 p] 1:12 273 ahead pi alp] 1:7 22:23 Carolina pi 27:3 26:4 concerning pj 8:18 10:3 14:11 descriptive pj 12:14 designed pj 15:8 i 2004p] 27:9 alone p] 18:21 cases p] 6:15 6:17 concluded pi 25:17 determine pj 13:12 214 p] 2:10 234-7030 pj 25339 pi 26 p] 28:7 29401 pi 3 [i] 28:6 1:25 2:11 2:6 alter p] 25:1 animals m 14:10 14:13 14:18 15:1 18:15 answer [4] 21:13 23:7 13:14 14:15 16:11 14:5 23:14 9:10 causesm 22:8 22:17 causing pj 2435 Cerenakp2] 8:15 93 22:7 235 24:19 7:11 9:7 conclusion p] 17:7 17:10 17:11 conclusions pi 1633 17:16 condition pj 1431 1732 conditions pj 434 14:20 developed (4] 83 16:12 20:20 21:3 diatomaoeous pj 17:1 173 disease p] 173 2030 21:3 21:11 30 p] 4:4 304 p] 2:11 APPEARANCES p] 10:3 10:4 10:14 17:8 233 2:1 1030 113 12:11 consulting pj 43 2131 22:7 24:19 2435 315 p] 2:5 346-5500pj 2:11 35 pi 25:17 appropriate [4] 23:19 24:10 24:20 25:3 artm 15:7 15:11 12:16 1331 15:15 183 1230 1334 15:19 18:6 13:1 14:3 16:16 18:13 4:11 534 consumers pi 2230 contacted pi 85 doctor psj 5:4 5:5 14:10 15:14 203 20:16 3:22 6:19 18:6 213 > 50 p] 5:20 573-3919 p] 704 p] 135 720-9132 pj 722-8414 pj 731-5224 pj 8p] 1:12 135 2:6 1:23 133 19:4 19:12 20:18 2033 asbestos pq 532 6:4 1131 12:10 13:2 14:19 1633 16:24 1832 21:16 22:8 22:16 1931 213 4:7 6:8 1231 16:10 1831 2133 certain pj 24:17 223 certainly m 531 7:16 7:17 1930 243 2435 CERTIFICATE pj 26:1 28:7 certify pj 26:5 contained [4] 1130 12:10 continue pj continuing pi control (4i 11:3 113 controlled pi 11:12 6:5 1432 11:7 1831 1035 11:15 11:11 2135 2331 25:10 doctors pi 4:19 documents pi] 7:12 730 8:16 8:18 9:5 9:7 10:3 10:13 10:16 10:19 12:11 12:15 12:19 15:15 1631 18:6 803 pi 133 843 pi 133 2:6 asbestos-related p] 534 16:12 26:18 change p] correct pq 10:5 doesn't pi 17:24 10:6 105 16:7 23:16 23:16 864 pj 135 97-C-333 p] 97-C-397 pi 98-C-70 p] ablep] 1434 academic p] accurate p] achievable pj 14:17 ACTION pi 1:5 1:6 activities (3) 53 6:6 addedp) additional p] 1731 address [i] adequate pj adverse pi 1:6 1:5 1:5 4:3 26:15 13:12 1:5 5:1 183 17:19 12:20 1034 13:13 asbestosis pi] 14:15 17:3 17:20 18:15 2135 225 23:10 24:8 14:13 175 21:11 22:18 aside p] 22:5 associated pi 6:3 ASSOCIATES pj 131 attorney p] 8:13 ATTORNEYS p] 23 2:7 available p] 20:15 Bp] 28:12 badp] 73 Baltimore pj 6:15 8:13 9:17 based po] 15:11 19:3 20:5 20:14 20:16 20:17 2032 183 Charleston [] 1:17 133 2:6 2:11 27:3 27:3 Charlotte pj 134 chemical p] 4:15 CIRCUIT pi 1:1 circumstances p] 223 24:18 CIVIL pj 1:5 1:6 1:5 claim pj 6:2 claims p] 4:17 4:16 clarify pj 13:16 clearpj 7:3 clinic pj 3:6 4:12 close p] 16:15 16:8 165 16:13 16:18 16:19 19:1 correspondence pj 15:19 16:21 counsel pi 1:18 2:1 26:19 County pj 27:3 1:1 couple [i] 45 course pj 11:14 Court (si 1:19 6:22 27:8 1:1 26:3 criticisms p] 15:10 current pi 4:1 customers (4] 12:10 22:10 23:12 24:21 Dpi 28:1 13 23 data(S] 17:15 17:15 donep2j4:19 5:11 5:17 7:13 7:21 15:12 16:25 24:3 Dr p] 1:11 3:14 duly pj 3:11 during pi 243 dust [10] 10:25 11:6 11:10 11:14 11:15 20:11 20:12 Duval pi 8:24 Bp] 28:1 earthp] 17:1 effect [i] effects pi 14:18 15:4 5:7 7:6 7:22 17:4 3:7 26:8 11:17 11:3 11:11 13:15 8:10 28:12 17:5 18:22 13:13 16:22 A. WILLIAM ROBERTS, JR., & ASSOCIATES (800)743-DEPO Index Page 1 cither - nor 18.-4 either p] 5:17 22;17 23:10 employed pi 3:15 employers i4j 5:8 5:11 5:15 5:18 environment pi 6:5 environmental pj 3:18 established pi 213 21:16 estimate [] 4:4 4:6 5:17 5:19 6:11 9:3 etpj 1:7 evaluate pj 15:3 15:3 evaluating [i] 7:15 evaluation pi 18:14 events pi exact [ii 5:20 6:3 26:20 examination t*l3:12 26:12 26:17 28:5 example p] 4:22 6:4 exams pi 4:22 4:13 excuse [i] 19:5 exhibits [i] 28:13 existed [i] 25:2 existencepi existing pj 15:7 19:4 expect [i] 15:12 4:24 2120 experiments p] 10:4 1622 expert pi 7:10 Expires p] exposed pi exposure [i5] 13:13 13:14 17:8 17:19 18:3 18:21 23:18 23:25 2422 25:1 Fp] 1:19 27:7 facilities [i] facility [i] fact pi 17:21 24:19 fail p] 24:21 fairpi 1920 farp] 12:7 19:25 fatal pi 22:1 February pi 272 fellow PI fibrosis pi 16:13 17:20 field PI 4:25 27:8 16:12 6:4 14:16 17:21 21^23 24:15 26:3 11:1 4:20 24:8 21:14 1921 1:12 8:10 16:12 Index Page 2 CondcnscltTM HARBISt3N, DR. RAYMOND final pi 16:23 172 172 17:11 finding pj 13:5 1224 findings pi 13:4 16:17 fine (l] 3:9 finish pi 19:18 finished pj 19:8 20:8 2025 19:5 20:18 firstp] 3:11 8:9 8:22 823 Floorpii:i6 Florida [i] 3:16 FLOYD pi 1:2 2:2 follows pi 3:11 foregoing pi 26:6 26:14 formula pi 1422 foundp] 16:11 fourp] 6:12 frankly p] 10:1 furnished pi 10:7 10:11 1220 102 12:16 Gardner pi 824 8:io generally pi liao generated p] 10:13 10:19 15:15 given p] 15:6 good p] 4:6 Greenville [i] 124 group pi 8:13 guess P) 19:11 24:5 Hp) 2:5 28:12 halfpi 521 hand pi 27:1 Haibuonp] 3:7 3:10 28:4 1:11 3:14 hazard p] 2421 9:8 Hazard'sp) 10:7 hazardous p] 4:15 10:14 10:17 1520 health pi 3:19 321 19:7 20:7 helpp] 15:3 Hendrickson pi] 2:9 2:9 3:5 32 6:14 1122 12:3 13:16 13:19 142 14:4 14:7 19:10 19:17 19:24 2222 23:13 24:12 25:6 25:8 25:10 hereby pi 26-5 hereunto p] 27:1 highest p] 13:12 holdp] 21:14 humans [4] 14:11 15:4 15:21 232 hygiene p) 20:11 112 immediate pi 14.-9 incidence pi 2l:ii included pi including pi 19:5 11:16 19:4 incomep] 4:1 increase p] 2324 23:18 increased pi 21:11 232 increases p] 23:15 increasing [ii 23:4 independent pj 4:13 INDEX pi 2:12 282 indicate pj 8:17 12:13 1621 indicated pi 20:14 indicatespi 2424 indication pi 122 individual pi 1423 Individuals pi 5:13 industrial pi 113 20:11 information pi 20:14 25:1 252 282 28:10 initial p] 16:6 16:6 injury pi 4:17 insofar pj 1621 insurance pi 5:14 5:17 intend pi 2124 intended pi 23:10 interestedpi 2620 interpose p] 19:10 interpreting p] 1523 interrupt p] 13:20 involved pi 7:4 7:7 2024 6:19 8:18 involvement pj 7:8 involving pi 6:8 issues pi 1824 18:17 James pi 3:4 32 19:13 2:5 13:16 job pi 21:1 JR pj 121 2:5 juiyp] 6:7 Kp] 22 K-A-Y-L-O pj 6:21 Kaylopo] 623 7:7 82 8:4 10:14 1021 11:5 11:11 11:14 11:16 12:10 12:17 620 72 10:4 11:4 11:34 11:17 13:10 13:15 15:20 193 2022 13:22 18:14 20:8 2025 15:7 19:6 20:19 kindp] 19:22 KING p] 22 knowing pi 12 14:18 known pj 21:21 20:16 knows [5] 22:8 22:17 23:8 24:6 24:7 Laboratories pj 10:14 1020 12:16 12:20 laboratory pj 10:3 13:14 Lake p] 7:11 8:15 9:5 9:7 12:11 Large [l] 26:5 larger pj 14:11 lastp] 13:20 late PI 725 Law pi 1:15 lawyer's pi 3:5 lawyers [5] 9:13 9:17 921 822 9:18 lead pi 17:22 leaving pj 22:5 kftp] 9:7 legal pj 42 4:11 4:10 length pj 17:19 lesspj 43 level PI 14:16 levels [l] 13:12 limited^) 14:12 15:14 19:5 19:6 linkedpi 2122 Lisap] 1:19 26:3 27:7 literature p] 20.-1 litigation pi 8:4 8:18 Loadboltp] 1:15 2:4 location p) 1:15 26:7 longer pi 18:3 look pi 7:20 8:15 25:7 looked [i] 21:18 looking [5] 424 11:17 11:19 18:22 18:23 Louisville pj 6:16 9:18 lungp) 21:12 22:1 223 22:18 23:10 243 nuura PI24:6 manufactured pi 11:18 manufacturer po] 22:5 22:6 22:8 22:17 22:19 23:8 2322 24:6 24:18 2423 manufacturing pi 82 material pi 10:17 10:15 materials pi 7:10 7:15 10:10 12:8 12:14 1422 matter pi 6:8 maximum p) 14:16 may[4] 23:3 23:18 23:19 2325 MDp] 324 mean po] 12:4 13:19 172 17:7 18:1 19:13 9:25 15:22 17:16 23:16 measures pi 1021 1024 medical po] 4:2 4:10 4:14 4:18 5:4 5:5 3:22 4:13 4:19 20:1 Medicine pi 321 meeting pi 1:16 2:5 823 9:15 meetings p] 8:22 9:12 920 mesothelioma pi 2122 22:1 223 22:18 23:11 243 metp] 821 9:17 9:18 nrightp] 6:4 24:18 25:3 monitoring p] 4:14 4:18 Motley pi 2:4 1:15 Np] 28:1 name pi 8:10 narrative [ij 15:25 NCp) 124 necessarily pj 22:25 23:16 24:14 neoessaryp] 25:13 need pi 1021 needed p] 11:4 11:10 11:12 neitherp] 26:18 neoplasia p] 1224 13:5 Ness Pi 1:15 2:4 neverp] 11:24 newp] 1421 nextp] 9:15 15:14 nineteen-eighties p] 725 norp] 26:19 A.1WILLIAM ROBERTS, JR., & ASSOCIATES (800)743-DEPO HARBISON, DR. RAYMOND normal pi 20:10 Notary p) 26:4 notep] 22:22 notes p) 25:7 nothing pj 11:11 12:12 26:10 notice pi 22:6 November pi 275 now [4] 13:23 145 16:6 18:12 number pj 16:14 5:21 object p] 24:12 12:4 objection p] 19:11 22:22 23:13 objections p] 26:11 26:16 objective pi 14:11 14:20 obligation p] 24:25 occasion p] 6:16 occupational PI 3:19 offer pj 21:20 21:24 24:1 offered pj 19:11 19:25 20:2 Offices pj 1:15 official [i] 273 onccp] 22:4 22:16 23:8 24:6 Tin 24:4 onepo] 6:14 12:5 13:17 13:21 15:2 22:18 24:7 ones p] 9:23 6:16 13:20 225 9:24 ongoing p] 10:25 opinion m 8:8 135 21:15 21:19 21:20 21:24 ordinary [i] 235 OSHApi 433 ought [i] 12:3 outside p] 4:2 Owens-Illinois psj 1:7 2:8 3:6 5:23 6:17 75 7:12 8:2 8:17 8:22 9:13 9:20 10:4 10:10 11:18 125 14:1 16:16 Owens-Illinois' pj 95 pjnp] 1:13 25:17 pagep] 26:8 28:2 part [4] 4:8 4:19 5:6 21:1 party ji] 26:19 pathology [i] 3:20 patients pj 4:13 pending pi 26:19 people pj 4:22 percent p] 4:4 45 5:20 percentage m 5:16 period pi 24:2 18:3 person p] 20:7 19:8 personal [i] 4:17 personally p] 5:3 persons pj 20:18 20:24 21:1 21:10 perspective [i] 732 pharmacology pi 3:19 Plaintiffs pj 1:4 1:18 2:2 3:4 pleural p] 2132 pneumoconioses p] 14:24 point [5] 16:23 17:10 17:11 22:19 23:11 Poole pj 2:4 1:16 position p] 8:11 3:17 possible pi 7:10 15:3 22:3 potential p] 2431 practice pi 4:3 practices pj 20:11 20:11 pre-employment m 4:22 precautions pay 10:20 1033 113 20:13 22:11 2230 23:12 2333 24:1 24:10 preventive pj 10:21 1034 probability pi 21:10 21:17 24:7 PROCEEDINGS pj 3:1 produce pj 175 1434 produced pi 11:15 14:18 product po] 1032 11:4 11:18 1130 12:10 12:17 1530 17:8 19:8 20:8 20:23 20:25 22:8 22:11 2231 23:3 23:17 24:6 24:19 2434 8:5 11:5 1130 14:19 18:15 20:19 22:6 22:17 23:8 24:8 product's p] 15:3 products pi 23:23 professor p] 3:18 3:19 proffered pi 28:13 properties pi 1434 protection pj 20:12 provide p] 22:6 CondenseltTM 25:1 Public p] 26:4 3:20 publication pi 12:23 1233 puiep] 19:12 purpose p] 135 13:11 14:10 14:12 14:14 14:15 14:25 purposes p] 75 7:14 15:2 PUTNAM [i] 1:1 RAYMOND p] 1:11 3:10 28:4 readpi 25:11 25:15 REARp] 2:12 reason pi 20:6 205 24:1 19:7 21:4 reasonable p] 21:10 21:16 24:7 reasonably pj 15:8 recommended pj 20:17 2034 record p] 26:15 3:4 record's p] recorded pi refer pj 19:13 7:3 26:12 reference pi 12:22 regard p] 17:11 11:13 433 regarding p] 16:25 regards pj 173 16:24 regulations pi 433 related p] 26:18 relationship p] 18:8 21:15 remember [5] 10:1 15:15 16:14 18:19 22:14 removing p] 20:25 rephrase pi 23:6 19:15 REPORTED [i] 1:19 Reporter pi 632 26:1 27:8 28:7 1:19 26:3 reports pj 15:18 representing p] 3:4 3:5 request pj 5:7 5:11 5:23 6:13 requested pi 28:9 28:10 researchers pi 16:11 respirator pj 434 respond pi 435 4:15 response pi 16:10 16:7 result [5] 17:19 18:4 23:17 13:14 23:4 results p] 16:7 18:8 18:9 reverse p] 1730 17:15 reversed [3] 16:18 17:24 18:7 review [ij 4:16 reviewed pi 12:8 7:11 reviewing [i] 7:10 Richardson [2] 1:15 2:4 right f14] 3:7 8:1 9:19 13:6 13:23 19:3 19:23 24:4 25:15 4:18 12:2 17:17 23:6 25:16 Rionps] 3:3 3:4 6:21 634 12:6 13:18 14:3 14:5 19:15 1933 23:1 23:20 25:4 25:7 28:6 2:5 3:13 12:1 13:25 14:8 20:3 24:16 25:9 risk pi 6:3 23:4 23:9 23:16 23:18 23:25 ROBERT pi 1:3 2:2 ROBERTS [i] 1:21 ran [i] 10:4 S[l] 28:12 SCp] 1:17 1:23 1:23 1:24 2:6 scientific pj 24:24 seal[i] 27:2 see po] 4:12 12:8 14:10 14:15 15:17 20:19 21:2 8:25 14:14 15:18 seek[i] 8:1 sense [i] 19:12 show[i] 17:18 showed pi 16:7 showing [i] 18:3 sign p] 20:20 25:15 significant pj 23:24 silica [i] 14:19 simpler [i] 20:4 simply pi 14:12 18:2 21:8 sites [i] 4:15 sitting [i] 18:6 small [i] 4:8 Sony p] 22:12 22:14 sorts [i] 5:1 sounds [i] 19:1 South [3] 3:16 26:4 27:3 specifics 11:13 A. WILLIAM ROBERTS, JR., & ASSOCIATES (800)743-DEPO normal - testimony 12:18 15:10 15:22 17:11 20:9 specifically [S] 10:17 11:5 11:12 13:2 16:1 spend [i] 9:2 spills [i]4:16 STALNAKERpj 1:3 2:3 State [U] 10:14 12:16 12:20 19:4 20:17 26:4 15:6 15:11 19:12 19:21 20:23 21:2 statement [7] 12:38 15:22 15:25 16:3 16:4 18:25 24:1 statements pj 12:25 13:8 15:20 states [l] 12:23 stating [i] 13:2 stenographically [i] 26:12 Still p] 14:23 24:20 strategy [l] 9:10 Street p] 1:16 2:5 2:10 studies [10] 6:23 7:6 12:24 13:10 13:23 13:24 6:20 7:7 13:11 19:6 Study [] 14:25 15:2 15:7 15:11 15:12 16:6 Studying [l] 16:22 StuffPI 19:22 subsequent p] 9:12 18:16 SUChp] 21:24 suffered [l] 21:11 sufficiently p] 24:5 Suite [l] 2:5 suppose p] 22:3 3:6 suppression pi 20:12 surveillance p] 4:14 swear [i] 3:7 sworn pi 26:9 3:11 Tp] 28:12 takes p] 22:5 Telephone pj 2:10 TELEPHONIC pj 1:11 telling pj 11:19 ten [i] 9:25 termpi 18:7 18:10 testified pi 3:11 6:7 7:17 testify pj 26:9 testifying p] 9:17 9:18 19:25 testimonyp] 26:10 26:16 Index Page 3 testing-you- all testing [2] 9:6 1921 Thank pj 7:8 Ilndsm 6:22 therapeutics [i] 3:20 thereafter pi thereof in Thirdp] 26:13 2620 1:16 tunes (i] 6:10 tOOfl] 22:15 total [i] 16:14 toxic [i] 12:17 transcribed [X] 26:13 transcript pj 2:12 25:15 26:8 transcription pj 26:14 trialp] 6:7 2121 truepi 26:15 truth p] 26.-9 26:9 26:10 tryp] 22:13 tuberculosis pi 16^25 17:4 1823 tumor [l] 21:22 type pi 4:10 1921 typodpi 26:14 typically p] under pj 22:1 24:18 5:11 17:8 understand pj 17:6 19:19 University cij upp] 15:18 112 23:7 3:16 17:16 nsedpi 152 18:7 18:11 users PI 22:10 22:20 2322 valid pi 17:16 varies p] 4:5 ventilation p] 1024 Viap] 2:10 VIRGINIA pj 1:1 VS p] 12 waives p] 25:15 Walkabout p] 1:19 262 27:7 WALLACE p] 12 22 wanting pj 14:12 waxnp] 22:10 2421 waste pi 4:15 wavelength p] 18:13 wearing pj 424 WESTp] whole pj 1:1 263 WILLIAM pj witness p4j 7:10 7:15 19:12 2224 24:14 25:12 262 26:11 121 623 11:24 23:14 25:14 26:16 27:1 WTTNESS/EXAMINATION p] 28:3 WOrdp] 17:23 words pi 12:17 worker pi 62 workers pi 5:12 4:14 workers'p] 5:10 5:16 workmen's p] 4:16 workplace pi 6:5 wrote pj 16:16 WVpj 2:11 Xp] 28:1 28:12 x-rayed pi 21:1 20:19 ycarp] 4:5 4:5 years pi 10:1 yetp] 24:19 yon-all p] 5:4 CondcnseltTM HARBISON, DR. RAYMOND < Index Page 4 A- WILLIAM ROBERTS, JR., & ASSOCIATES (800)743-DEPO