Document b587YLB6Xxbe4jyvXzqvEBRN1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY, et al., Plaintiff - vs - ) CV-S-89-555-LDG (LRL) ) MONSANTO COMPANY, etc., et al., ) ) Defendants. ) DEPOSITION OF GEORGE J. LEVINSKAS On the part of the Plaintiff July 14, 1993 Concannort & Jaeger | General Court Reporters 705 Olive Street, Suite 604 St. Louis, Missouri 63101 (314) 421-1000 WATER PCB-00051839 COMPUTER AIDED TRANSCRIPTION IN THE UNITED STATES DISTRICT COURT DISTRICT OP NEVADA NEVADA POWERCOMPANY, etc., ) ) Plaintiff, ) -VS- ) CV-S-89-555-LDG (LRL) MONSANTOCOMPANY,etc., et al., ) ) ) 6) Defendants. ) 7 INDEX 8 WITNESS: Page: 9 GEORGE J. LEVINSKAS 10 Direct Examination by Mr. Bradley ... .................... 4 11 EXHIBITS 12 Deposition Exhibit t 352 ............................................................. 67 13 Deposition Exhibit 9 354 ............................................................. 82 14 Deposition Exhibit 9 354-A .............. 83 15 Deposition Exhibit 9 715...................................................................... 102 16 Deposition Exhibit 9 704 ..... ........................................... 103 17 Deposition Exhibit 9 664 ................................................................... 104 18 Deposition Exhibit 9 517 .......................................................................106 19 Deposition Exhibit 9s 516, 2735. . ...............................................107 20 Deposition Exhibit 9s 2794, 664, 1218...................................... 108 21 Deposition Exhibit 9 324 110 22 Deposition Exhibit 9s 418, 656 ........................................................ Ill 23 Deposition Exhibit 9 673 ..... ........................................... 113 24 Deposition Exhibit 9s 681, 1137.................................................... 114 25 Deposition Exhibit 9 710.............................................................. * 129 -2- CONCANNON t JAEGER WATER PCB-00051840 COMPUTER AIDED TRANSCRIPTION 1 IN THE UNITED STATES DISTRICT COURT DISTRICT OP NEVADA 2 NEVADA POWER COMPANY, etc.. 3 Plaintiff , 4 vs # CV-S-89-555-LDG (LRL) 5 6 MONSANTO COMPANY, etc., et *1,, 7 Defendants. 8 DISCOVERY DEPOSITION OF WITNESS, to be used in an 9 action pending in the District Court of the United States, 10 for the District of Nevada, wherein NEVADA POWER COMPANY, 11 etc., is Plaintiff, and MONSANTO COMPANY, etc., et al. are 12 Defendants, pursuant to Notice, under the provisions of 13 Rule 26 of the Rules of Civil Procedure, taken on July 14, b 14 199]L, at the law offices of Messrs. Husch & Eppenberger, 15 100 North Broadway, St. Louis, Missouri, before John T. 16 Concannon, a Notary Public within and for the State of 17 Missouri. 18 APPEARANCES 19 The Plaintiff was represented by Mr. Ralph A. Bradley, of the law firm of Bradley & Merrell, 700 Bank of 20 America Plaza, 300 South Fourth Street, Las Vegas, Nevada, 89101. 21 The Defendant, Monsanto Company, was represented by 22 Mr. Scott Bauer, of the law firm of Kirkland & Ellis, 1999 Broadway, Denver, Colorado, 80202. 23 The Defendant, Westinghouse Electric Corporation, 24 was represented by Mr. Robert P. Morgan, Westinghouse Electric Corporation, Gateway Center, Pittsburg, 25 Pennsylvania 15222* -3- CONCANNON & JAEGER WATER PCB-00051841 COMPUTER AIDED TRANSCRIPTION 1 GEORGE J. LEVINSKAS, 2 of lawful age, being first duly sworn to tell the truth, 3 the whole truth, and nothing but the truth, deposes and 4 says on behalf of the Plaintiff, as follows: 5 DIRECT EXAMINATION 6 QUESTIONS BY MR. BRADLEY: 7 Q. Would you please state your name and spell it 8 for me, please? 9 A. George J. Levinskas, L-e-v-i-n-s-k-a-s, 10 0. And it's Dr. Levinskas? 11 A. Yes. 12 Q. Doctor, would you give me your residential 13 address please? 14 A. 526 Fairways Circle, Creve Coeur. 15 Q. How do you spell that? 16 A. C-r-e-v-e, another word, c-o-e-u-r, Missouri 17 63141. 18 Q. And what is your residential phone number? 19 A. Area code (314) 432-1608. 20 Q. You'rehere today represented byan attorney? 21 A. Yes. 22 Q. Have you had a chance to speak with your 23 attorney about the purposes of a deposition? 24 A. Yes. 25 Q. Have youhad your deposition taken on prior -4CONCANNON & JAEGER WATER PCB-00051842 COMPUTER AIDED TRANSCRIPTION 1 occasions? 2 A. Yes, 3 Q. If I ask a questionthat you don't understand, 4 will you tell me? 5 A. I will. 6 Q. And if you give ananswer to oneof my 7 questions. I'm going to assume you understood my question. 8 Fair enough? 9 A. Good enough. 10 Q. And if at any time you want to take abreak 11 for any reason, you just let us know and we'll accommodate 12 you, all right? 13 A. Okay. 14 Q, During your priordepositions, did you give 15 testimony about PCBs? 16 A. Yes. 17 0. I want you to list for me, if you would, 18 please, starting with the most recent, those depositions 19 that you gave regarding PCBs? 20 A. I'm afraid I could not recall them. The most 21 recent one was towards the last part of last year. I take 22 it back. That was not on PCBs per se. The last one on 23 PCBs was probably a year, a year-and-a-half ago, although I 24 can't recall specifically. 25 Q. And where did you give the deposition? -5CONCANNON & JAEGER WATER PCB-00051843 COMPUTER AIDED TRANSCRIPTION 1 A. At the Monsanto corporate headquarters. 2 0. Do you recall the name of the case in which 3 you gave testimony? 4 A. I do not recall it. 5 Q. And do you recall generally the subject matter 6 of your deposition testimony? 7 A. In general, it dealt with the toxic effects of 8 the chemical mixtures known as PCBs. 9 Q. Covering what period of time? 10 A. It would cover the interval from *71 until the 11 present# or until I retired from Monsanto# but I joined 12 Monsanto in 1971. 13 Q. Are you presently retired? 14 A. Yes# I am. 15 Q. When did you retire? 16 A. 30th of September# 1991. 17 Q. Are you employed in any other position since 18 your retirement from Monsanto? 19 A. Mo. 20 Q. Did you sign the depositionthat was taken of 21 you a year to a year-and-a-half ago on PCBs? 22 A. 1 believe I did, yes. 23 Q. Do you havea copy of that at yourresidence, 24 or any business address you may have? 25 A. I may have a copy at home. I do not know. -6CONCANNON & JAEGER WATER PCB-00051844 COMPUTER AIDED TRANSCRIPTION 1 Q. Do you recall who the lawyers were who took 2 your deposition? 3 A. I regret to say, I do not recall. 4 Q. Do you recall which state the action arose in 5 which you gave testimony? 6 A. I do not. 7 Q. Do you recall which attorney represented you? 8 A. I believe it was people from David Moore's 9 office, 10 0. And is David Moore an attorney in St. Loui6? 11 A. No. He's in West Virginia, I believe. I 12 don't know. 13 Q. All right. How many depositions have you 14 given, would you estimate, on the topic of PCBs? 15 A. Several would be a general term. Perhaps six 16 to ten. Six to nine or ten. 17 Q. Generally, have you given that deposition 18 testimony on any subject area, other than the toxic effects 19 of PCBs from 1971 to present? 20 A. No. 21 Q. In any of thosedepositions, were you asked 22 questions about Industrial BIO-TEST Laboratories? 23 A. Yes. 24 Q. Would that be true for allof the depositions 25 that you've given, as best you can remember? CONCANNON & JAEGER WATER PCB-00051845 COMPUTER AIDED TRANSCRIPTION 1 A. I don't think it was involved in all the 2 depositions but I can't recall specifically. 3 Q. Have you given depositions in any court 4 proceedings, other than depositions on the subject matter 5 of PCBs or Industrial BIO-TEST Laboratories? 6 THE WITNESS: Would you clarify the question? 7 MR. BRADLEY: Y8. 8 Q. (By Mr. Bradley) Have you appeared in court 9 and given testimony, either to a jury or to a grand jury, 10 on the subject matter of PCBs or Industrial BIO-TEST 11 Laboratories or any of their employees? 12 A. I have not testified in court. 13 0. Have you testified in any criminal proceedings 14 involving Industrial BIO-TEST Laboratories or its 15 employees? 16 A. I have not. 17 0. Did you provide any written documents 18 involving the criminal charges brought against any employee 19 of Industrial BIO-TEST Laboratories? 20 A. I am not aware that I was asked to, or that I 21 did provide such documents. 22 Q, Did you provide any information at all in 23 response to any request for information regarding criminal 24 charges brought against employees of Industrial BIO-TEST 25 Laboratory? -8CONCANNON & JAEGER WATER PCB-00051846 COMPUTER AIDED TRANSCRIPTION 1 A. I do not recall being asked specifically to L provide information for criminal charges. In my position 3 at Monsanto# I have received many requests for information, 4 which I have attempted to provide. 5 Q. You don't recall talking with a government 6 lawyer involved in prosecuting Paul Wright, who was a 7 former employee at Industrial BIO-TEST Laboratories? 8 A. I did talk to a government lawyer during that 9 interval. My recollection of the conversation is that it 10 was a discussion about myself and my functions at Monsanto. 11 Q. Do you recall the name of the attorney you 12 spoke to? 13 A. Re was in the Chicago office. His name I do 14 not recall. 15 Q. Did you receive any written communication from 16 him? 17 A. No. 18 Q. Have you sent him any written communication? 19 A. No. 20 Q. Did you speak with him in person or on the 21 telephone? 22 A. In person. 23 Q. And wa6 that at Monsanto's headquarters? 24 A. It was in Chicago. 25 Q. You went to his office in Chicago? -9 CONCANNON & JAEGER WATER PCB-00051847 COMPUTER AIDED TRANSCRIPTION A. Yes, Q. Did he request that you travel to Chicago to speak with him? A. An attorney in Chicago arranged a meeting and 5 I was invited to attend and I did attend. 6 Q. Who else was present, if anyone? 7 A. The one individual I recall was an attorney 0 from Kirkland and Ellis. 9 Q. All right. Were there any people at that 10 meeting, other than you and attorneys? 11 A. There may have been three - in total, four or 12 five people, whether they're all attorneys or not, I do 13 not know. 14 Q. Do you recall when you spoke with the attorney 15 in his office in Chicago, whether the conversation was 16 recorded? 17 A. I do not know that. 18 Q. When you met with the attorney in Chicago, 19 were you shown any documents? 20 A. I do not believe there were any documents that 21 were produced or discussed at the meeting with the Federal 22 attorneys. 23 Q. Tell me what you remember of your conversation 24 with the attorneys in Chicago, what they told you and what 25 you told them, as beet you can recall. - 10 CONCANNON & JAEGER WATER PCB-00051848 COMPUTER AIDED TRANSCRIPTION A. The general topic was a brief recitation of my history with Monsanto, my responsibilities, what my functions in the company were, the scope of my activities and functions in very general terms, such as -- 1 do not recall very many specific questions* 6 Q. Do you know whether, when you had that 7 discussion with the attorney in Chicago, that you were a e suspect in a criminal proceeding? 9 MR* BAUER: Objection. Assumes facts not in 10 evidence. You can answer. Dr. Levinskas. 11 A. I was never informed or indicated to me that I 12 was a suspect. 13 MR. BRADLEY: okay. 14 Q, (By Mr. Bradley) Prior to your meeting with 15 the attorney in Chicago, did you review any documents? 16 A. Yes. 17 Q. Tell me what documents you reviewed as best 18 you can recall. 19 A. That was many years ago and I'm afraid to 20 attempt to even indicate, except in most general terms. 21 0. Why don't you tell me in general terms then 22 what you reviewed? 23 A. A variety of documents, memos, correspondence, 24 reports, trip reports, I mean a variety of things that had 25 been written years earlier, that I had written that I have - 11 CONCANNON & JAEGER WATER PCB-00051849 COMPUTER AIDED TRANSCRIPTION no recollection of at this specific moment and I do not recall now. 3 0. All right. As part of your review, did you 4 review test results performed by IBT for Monsanto? 5 A. I do not recall specifically looking at 6 reports and reviewing test results, as such. 7 Q. Do you recall reviewing any raw data that was 8 prepared by IBT or Monsanto regarding tests conducted by 9 IBT for Monsanto, prior to your meeting in Chicago? 10 A. I do not recall looking at any raw data at 11 that time. 12 0. Did you look at raw data subsequent to your 13 meeting in Chicago regarding tests performed by IBT for 14 Monsanto? 15 A. Yes. 16 Q. What was the purpose in making that review? 17 A. We had received a letter - I'm not sure if it 18 was addressed to me or Monsanto in general. I think it was 19 probably Monsanto in general. It was brought to my 20 attention - in which the FDA had a list of study report 21 numbers that they felt Monsanto had submitted to them for 22 regulatory action and we were asked to identify the topics, 23 the products which those numbers were associated and any 24 identifying petition, registration numbers or so forth that 25 we had been seeking from the Government. - 12 CONCANNON & JAEGER WATER PCB-00051850 COMPOTER AIDED TRANSCRIPTION 0. Did you review any documents to prepare for today's deposition? 3 A. Yes, I did. 4 Q. What documents did you review? 5 A. I was shown several documents by attorneys. 6 Mostly, they were memos and correspondence. 7 Q. I want you, as best you can recall, to tell me 8 specifically which documents you reviewed. 9 A. I don't think I could identify specific 10 documents. There was correspondence between myself and 11 IDT; correspondence between IBT and Monsanto; some internal 12 Monsanto memos, and I did ask to glance at a few reports to 13 refresh my memory on one or two specific points. 14 Q. Which points were those? 15 A. It was just to refresh my memory as to the 16 content of some reports which were issued years ago. 17 Q. And the -- In particular, what contents were 18 you looking for in your request to examine those reports? / 19 A. The two year feeding studies that IBT had t 20 done. I wanted to look at the specific designations of the 21 lesions in the pathology sections. 22 Q. Have you now told us the documents you recall 23 reviewing in preparation for today's deposition? 24 A. There are also two reports that I put 25 together: one is summarizing the results of the IBT - 13 CONCANNON 6 JAEGER WATER PCB-00051851 COMPUTER AIDED TRANSCRIPTION studies, two year rat feeding studies, and a general review that I wrote on the health effects, or the animal test results of PCBs. 4 Q. You met with your attorney prior to today's 5 deposition regarding today's deposition? 6 A. Yes. 7 Q. How many times did you meet with your attorney 8 in preparation for today's deposition? 9 A. On three occasions. 10 0. Tell me about your educational background, 11 beginning with your graduation from college. 12 A. I have an A.B. degree from Wesleyan University 13 in Middletown, Connecticut; I have a Ph.D. from the 14 University of Rochester. 15 Q. What is an A.B. degree? 16 A. It's a Bachelor of Arts. 17 0. What was your area of study when you received 18 your Bachelor's degree? 19 A. Chemistry. 20 q. in what field did you receive your Ph.D.? 21 A. Pharmacology. 22 Q, Did you write a Ph.D. dissertation? 23 A. Yes. 24 Q. What was the topic? 25 A. Solubility studies of synthetic hydroxy - 14 CONCANNON & JAEGER WATER PCB-00051852 V oAqXJjl 1 appe-fe-irte^ COMPUTER AIDED TRANSCRIPTION 2 Q. When did you receive your Ph.D.? 3 A. 1953. 4 0. What did you do for employment once you'd 5 received your Fh.O.? 6 A. I was teaching at the Graduate School of 7 Public Health at the University of Pittsburgh. 8 0. What was your rank at the university? 9 A. I started as a research associate and 10 lecturer, and I got to be an assistant professor. 11 Q. How long did you teach at the University of 12 Pittsburgh? 13 A. 1953 to 1958. 14 Q. What were the subject matters of the courses 15 you taught while you were at the University of Pittsburgh? 16 A. Primary course was my own, which was a course 17 in applied toxicology. I lectured in several other courses 18 ranging from public health to environmental effects of 19 chemicals. 20 Q. Were you ever licensed in any state at any 21 time as a toxicologist? 22 A. I'm not aware of any licensing for toxicology. 23 industrial toxicology, as I would call it, and I am not 24 licensed. 25 Q. Did you receive any educational degrees in the - 15 - CONCANNON t, JAEGER WATER PCB-00051853 COMPUTER AIDED TRANSCRIPTION 1 field of toxicology? 2 A. No. 3 Q. What did you do when you left the University 4 of Pittsburgh? 5 A. I went to the American Cyanamid Company. 6 Q. Would you spell that for me? 7 THE WITNESS I American? 8 MR. BRADLEY I i can spell that. 9 A. c-y-a-n-a-m-i-d. 10 Q. C-y-a-n-a-m-i-d. Wherewas that company 11 located? 12 A. I joined them at their laboratory in Stamford, 13 Connecticut. 14 0. And why did you join them? 15 A. I was invited to direct their toxicology 16 laboratory and for personal reasons, I wanted to get back 17 to my home state of Connecticut, so I joined them. 18 Q, What work did you do for them in directing 19 their toxicology section? 20 A. After some few months there, they combined it 21 with a preexisting industrial hygiene laboratory and 22 renamed it an environmental health laboratory. I was the 23 director of that combined laboratory and I had full 24 responsibility for determining the need for and scheduling, 25 overseeing the performance and evaluating the results of - 16 CONCANNON & JAEGER WATER PCB-00051854 COMPUTER AIDED TRANSCRIPTION 1 toxicity tests that were done on Cyanamid products. 2 Q. Did any of the products that you were in 3 charge of as director, or head of the environmental health 4 lab, involve chlorinated hydrocarbons? 5 A. Some of the formulations may have contained 6 chlorinated hydrocarbon solvents, but in terms of testing 7 the chlorinated hydrocarbons as such, no they were not 8 involved in Cyanamid's product line. a 0. Do you recall there being any tests done while 10 you were director of this environmental health lab to 11 determine the presence of chlorinated hydrocarbons? 12 A. I am not aware of such tests. 13 Q. How long were you at this particular company? 14 A. Until 1971. 15 Q. During the time you were there, did your job 16 title or responsibilities change? 17 A. They got progressively greater as the 18 laboratory expanded but for essentially all the time there, 19 I was ~ my specific title was Chief industrial Toxicologist 20 and a secondary title was Director of the Environmental 21 Health Laboratory. 22 0. And I take it, then, that the job 23 responsibilities you identified as Director of the 24 Environmental Health Lab remained the same during the 25 entirety of your employment with that company? - 17 CONCANNON & JAEGER WATER PCB-00051855 COMPUTER AIDED TRANSCRIPTION 1 A. Yes. 2 Q. And that you had no other job 3 responsibilities, other than what you've already indicated? 4 A. After a few years, I was a member, I became a 5 member of a corporate labeling committee, so I was involved 6 in labeling of Cyanamid products. 7 Q, What, if anything, did you do before becoming 8 a member of that committee to familiarize yourself with 9 labeling? 10 A. I was in frequent contact with the secretary 11 of the committee. Re and I would get together and review 12 available toxicity data, and we would make recommendations 13 for labeling, which we submitted to the committee. 14 Q. What, if anything, did you do to inform 15 yourself about labeling before you submitted those 16 recommendations to the secretary? 17 A. We would check whatever sources we could think 18 of or we could locate to determine what information was 19 available on toxicity of the related chemicals. 20 Q Did you have any other job responsibilities 21 during your employment with that company? 22 A. I did many things but I fit them all under 23 those general headings. 24 Q. During the time you were employed by that 25 company, did you make contact with anyone at Industrial - 18 CONCANNON & JAEGER WATER PCB-00051856 COMPUTER AIDED TRANSCRIPTION 1 BIO-TEST Laboratory? 2 A. I met several people from Industrial BIO-TEST 3 Laboratories at scientific meetings and elsewhere. I did 4 not have any contact with them in the sense of a - placing 5 tests with them. 6 Q. Do you recall which -- Instead of referring 7 to Industrial BIO-TEST Laboratories, I'm going to refer to 8 them as IBT. Is that satisfactory to you? 9 A. Yes. 10 Q. Have you referred toIndustrialBIO-TEST 11 Laboratories in the past as IBT? 12 A. Yes. 13 Q* Do you recall which employees with IBT you met 14 when you were employed with the American Cyanamid, or 15 whatever it is. Company? 16 MR. BAUERi Cyanamid. 17 MR. BRADLEYt Cyanamid, 18 A. I met Dr. Joseph Calandra, whows the 19 president of the laboratory; Dr. Otis Thwho was 20 mainly responsible, I think, for the operations in Chicago; N crifinar' 21 Maur^jafr'^eplinger, Dr. Keplinger. I regret to say I don't 22 recall their names now but there were two individuals who 23 were there and then left to create their own laboratories 24 and then subsequently one of them died. I do not ^recall. 25 Those would be the -- Later, I met I Dr. K^n4-shrta. Those - 19 CONCANNON & JAEGER WATER PCB-00051857 COMPUTER AIDED TRANSCRIPTION 1 would be the ones I would have met while I was with 2 Cyanamid. 3 Q. While you were at Cyanamid* did you submit any 4 Cyanamid products to IBT for testing? 5 A. NO. 6 Q. While you were at Cyanamid* do you know 7 whether Cyanamid had any business relationship with IBT 8 that caused Cyanamid to pay money to IBT? 9 A. I'm not aware of any. 10 0. You joined Monsanto in 1971? 11 A. Yes. 12 Q. What caused you to join Monsanto? 13 A. For various reasons, Cyanamid decided to close 14 down their environmental health laboratory. Since the 15 operation was shrinking* I was asked to go* and the 16 opportunity came up to join Monsanto while I was job 17 hunting, so I joined them. 18 Q. What was your job title when you began your 19 work at Monsanto? 20 A. Initially* it was something like Manager of 21 Product Safety. I don't recall the precise name* but it 22 was something like Manager of Product Safety. 23 Q. Do you recall who it was at Monsanto that you 24 spoke with before - excuse me - as part of the hiring 25 process, before you began your employment with Monsanto? - 20 CONCAHNON & JAEGER WATER PCB-00051858 COMPUTER AIDED TRANSCRIPTION 1 A. It was rather circuitous. One of the 2 personnel people at Monsanto called the personnel manager 3 at Cyanamid. The latter knew that I was, had been recently 4 terminated and suggested if I was still looking for 5 employment, I might contact Monsanto, which I did. 6 Q. Do you recall who you spoke with, if anyone, 7 at Monsanto before you began your employment with them? 8 A. The first person I recall speaking with was 9 Paul Youngblood, the personnel man* 10 Q. Who else, if anyone, at Monsanto did you speak 11 with before you began your employment with them? 12 A. Subsequently, it would have been Elmer 13 wheeler. 14 Q. Anyone else? 15 A* Before I came -- Before I joined the company, 16 I came to St. Louis and at that time, I spoke, net only 17 with Elmer Wheeler but with Dr. Kelly, with Jack Garrett 16 and I spoke with several senior management people at 19 Monsanto, all of whom by now have retired. 20 Q. Do you recall the senior management people 21 that you spoke to before you began your employment with 22 Monsanto? 23 A. The most prominent one was John Eck, E-c-k, 24 who was Senior Executive Vice-President. I did speak to a 25 couple of research directors, a Dr. John Speziale, Dr. - 21 CONCANNON & JAEGER WATER PCB-00051859 COMPUTER AIDED TRANSCRIPTION 1 Byron - or Bill as they call hint - Williams, who was 2 Director of the Central Research Division. There may have 3 been one or two other people I spoke to* 4 Q* During the period of time when you were 5 speaking with Monsanto employees before you began your 6 employment with Monsanto, were you aware that Monsanto 7 manufactured polychlorinated biphenyls? 8 A. I do not recall that I was aware of it. 9 0. Do you recall whether, during these meetings, 10 any of the Monsanto people that you spoke to informed you 11 that they manufactured polychlorinated biphenyls, which I'm 12 going to refer to as PCBs? 13 A. I do not recall that we talked about specific 14 items that Monsanto manufactured. 15 0. Do you also refer to polychlorinated biphenyls 16 as PCBs? 17 A Ido* 18 Q. Is polychlorinated biphenyl essentially the 19 same thing as polychlorinated diphenyl? 20 MR. BAUER: Object to the form. 21 A. In a chemical sense, one could refer to them 22 as polychlorinated biphenyls or you can substitute *di" for 23 "bi." They would be essentially interchangeable. 24 Q. (By Mr. Bradley) All right. When you became 25 Manager of Product Safety, what products were you managing? - 22 CONCANNON & JAEGER WATER PCB-00051860 COMPUTER AIDED TRANSCRIPTION 1 A. The position for which I was hired at Monsanto 2 was to pull together and centralize their efforts to look 3 at environmental effects of chemicals. So my initial 4 responsibilities were to look at new chemicals or new uses 5 of existing chemicals to try to anticipate the kind of 6 questions or issues that might be raised by those 7 chemicals, to outline or define the kind of testing, 8 particularly toxicity testing, that should be done so that 9 we have a basis for assessing whether it would be feasible 10 or practical to market such products. 11 Q, To whom did you report as Manager of Product 12 Safety? 13 A. My immediate supervisor was Mr. Elmer wheeler. 14 Q. What division or group or entity were you a 15 part of as Manager of Product Safety? 16 A. Part of the medical department. 17 Q. In your work as Manager of Product Safety, did 18 you do any testing or evaluating of products or chemicals 19 containing PCBs? 20 MR. BAUER: Object to the form of the 21 question. Use of the word "you,* in terms of whether you 22 mean did Dr. LevlnskaB specifically do tests versus 23 ordering tests, but if you understand the question, Dr. 24 Levin3kas, you can answer. 25 MR. BRADLEY: I mean -- Let me rephrase then. - 23 CONCANNON & JAEGER WATER PCB-00051861 COMPOTER AIDED TRANSCRIPTION 1 Q. (By Mr. Bradley) In your work as Manager of 2 Product Safety, did you have employees? 3 A. Not initially. 4 Q. At some point, did you have employees when you 5 were the Manager of Product Safety? 6 A* About a year later, over a year later, I did 7 have another employee but my title then changed to Manager 8 of Environmental Assessment and Toxicology. 9 Q. So as Manager of Product Safety, under that 10 job title, it was just you? 11 A. Yes. 12 Q. When you were Manager of Product Safety, did 13 you do any testing or evaluating of products or chemicals 14 containing PCBc? 15 A. I do not recall that I did. 16 Q. What was your next job title? 17 A. I indicated it was Manager of Environmental 18 Assessment and Toxicology. 19 Q. When you bad that job title, were you still 20 part of Monsanto's medical department? 21 A. Yes. 22 Q. Was Elmer Wheeler still your immediate 23 supervisor? 24 A. Yes. 25 Q. What job responsibilities did you have as - 24 CONCANNON & JAEGER WATER PCB-00051862 COMPUTER AIDED TRANSCRIPTION 1 Manager of Environmental Assessment and Toxicology? 2 A. Initially, they were the same as I had as 3 Manager of Product Safety, except for the change in title. 4 Q. And I take it, at some point your job 5 responsibilities changed while you still had that title? 6 A. Yes. 7 Q. What additional or different job 8 responsibilities did you end up having as Manager of 9 Environmental Assessment and Toxicology? 10 A. Initially, I had virtually no involvement in 11 toxicology testing on existing products. A little over a 12 year after I joined the company. Dr. William Bunt, who was 13 a toxicologist, unfortunately died* I was told that I 14 would now also assume responsibility for toxicity testing. 15 0. And Dr. Bunt had been responsible for toxicity 16 testing prior to your having that job responsibility? 17 A. He had a major portion of it. Others were 18 involved to some extent. 19 Q. And when you assumed responsibility for 20 toxicity testing, would that have been for existing 21 Monsanto products? 22 A. Yes. 23 Q. Including PCBs? 24 A. Yes. 25 0. What, if anything, did you do to prepare for -- 25 ~ CONCANNON & JAEGER WATER PCB-00051863 COMPUTER AIDED TRANSCRIPTION the job responsibility of toxicity testing for existing 2 Monsanto products? 3 A. Since it was thrust on me, I really had no 4 preparation, other than my prior experience in this area. 5 Q. Okay. Did you do anything subsequent to your being given those additional job responsibilities to 7 prepare you for toxicity testing of Monsanto products? 8 A. I did not do anything. 9 Q. I assume you reviewed files of toxicity data 10 that was then in existence regarding Monsanto products? 11 A. If you're referring to my going back and 12 poring over the files, the answer would be no. Because of 13 the shear volume of material, it would be impossible to do. 14 I began to get progressively more involved with ongoing 15 studies and with setting up and starting newer studies. 16 Q. Did you assume any further job 17 responsibilities as Manager of Environmental Assessment and 18 Toxicology? 19 A. I indicated that my purpose in joining the 20 company was to centralise and coordinate Monsanto's 21 activities in the environmental assessment area. We 22 proceeded to expand this. We began to expand the medical 23 department's involvement in toxicity testing, so we began 24 adding staff, training staff, to increase the overall 25 tempo, scope, of our activities. The volume of activities - 26 CONCANNON & JAEGER WATER PCB-00051864 COMPUTER AIDED TRANSCRIPTION 1 was increased but the function, there were no substantial 2 differences or directions in which we were going, 3 Q. what kind of training were you giving 4 employees in your effort to centralise? 5 A. Virtually all of our toxicologist were recent 6 graduates. While they had academic qualifications and we 7 considered them the pick of the crop, their practical day B in and day out experience in the laboratory was limited, 9 the nuances of interpreting test data, the pitfalls that 10 could occur, the variations that they may expect to see. 11 Things don't always come out as neat as what we'd like. To 12 try, from past examples of my own or information received 13 from others, to get them to be more sophisticated 14 technically in objectively assessing and interpreting data 15 they would encounter, 16 Q. And were you responsible for that training? 17 A. To a large extent, yes. 10 Q. Who else participated in that training? 19 A. Well, they talked to other people outside the 20 company, other toxicologists. They talked to other people 21 in the medical department. I would assume that they would 22 attempt the same way to learn from watching their elders 23 and prior people as to what they should do or how not to do 24 it. 25 Q. What I'm interested in knowing is whether - 27 CONCANNON 6 JAEGER WATER PCB-00051865 COMPUTER AIDED TRANSCRIPTION 1 there was any formalized type training, or whether it was 2 the sort of verbal interchange that would take place 3 between supervisor and employee. 4 A. It was not formal course work. It was more in 5 the nature of tutorials. 6 Q. What other job responsibilities, if any, did 7 you have as manager of environmental assessment and 8 toxicology? 9 A. Again, there were a variety of activities that 10 developed which I would lump under, or group under those 11 same general headings* This would involve summarizing 12 Monsanto data; on occasion making presentations to 13 regulatory agencies in Washington; answering customer 14 queries, or just general queries; providing information to 15 members of Monsanto if they requested guidance, opinions, 16 judgements. 17 Q. Were you involved in any committee or group 18 within Monsanto while you were Manager of Environmental 19 Assessment and Toxicology that dealt with the labeling of 20 Monsanto products? 21 A. No, I was not a member of such a group. There 22 were people involved in labeling and they frequently 23 requested information that they could use for labeling of 24 products. 25 Q. Relative to the labeling of products within - 28 CONCANNON & JAEGER WATER PCB-00051866 COMPUTER AIDED TRANSCRIPTION Monsanto while you were Manager of Environmental Assessment and Toxicology, was the business group within Monsanto responsible for the labels that were attached to Monsanto products? MR. BAUERi Objection. Vague use of the term 6 "business group." you can answer if you're able. 7 A. My major contact - the most frequent contact, 8 when I say "major" - was a fellow named Seto, Bob-Bobo, who 9 I think was in the corporate department. It may have been 10 the transportation department. It was the corporate 11 department. To what extent operating groups or business 12 group may have participated withI do not know. 13 Q. (By Hr. Bradley) Was the term "business 14 group" a term that was used at Monsanto? 15 A. Yes. 16 0. So when I refer to "business group," you know 17 what I'm referring to? 18 A. X would say in general, yes. 19 Q. Do you know what corporate department Bob Ju&fco"' 20 was a member of when you had this contact with him that 21 you've described? 22 A. I think I -- I think it was the 23 transportation department. 24 0. The medical department at Monsanto while you 25 were a Monsanto employee was never responsible for - 29 CONCANNON & JAEGER WATER PCB-00051867 COMPUTER AIDED TRANSCRIPTION 1 developing the inal labels that went on Monsanto products; 2 is that correct? 3 A. I could not speak for never, the medical 4 department was never responsible, because I don't know. I 5 don't know what -- When I joined the company, X don't know 6 what procedures were in place or the involvement of people, 7 obviously, when I joined the company* Today I'm not 8 instantly aware of everything that's happening at that 9 company. 10 0. I understand that. Subject to that caveat, 11 you're not aware at any time that the medical department 12 ever assumed responsibility for the labels that went onto 13 Monsanto products. That's true? 14 A. I am not aware that the medical department 15 assumed responsibility for labeling of products, 16 Q. As I understand the way it happened, 17 occasionally the medical department would be asked for 18 information from those people responsible for putting 19 labels on Monsanto products; is that correct? 20 MR. BAUER) Object to the form of the 21 question. It's irrelevant what your understanding is. The 22 witness already said the word "frequently." You may answer 23 the question. 24 A. I would answer that my experience with 25 labeling is I was approached and asked for information on a - 30 CONCANNON & JAEGER WATER PCB-00051868 COMPUTER AIDED TRANSCRIPTION material, which would be used for labeling,. , 0. And for the most part, Mr.^eto contacted you for information regarding a Monsanto product that might be useful for labeling; is that correct? A. Yes. At 6 Q. Do you recall at that point whether Mr. Sjfeo 7 had any background In toxicology? 8 A. No, I do not know. 9 Q. He was essentially a businessman within 10 Monsanto; is that correct? 11 A. I do not know his background. 12 Q. You know that he was not a medical doctor, 13 though, don't you? 14 A. I do know that. 15 Q. You also know he had no medical background? 16 A. I do not know his background. 17 Q. Have we now covered the job responsibilities 18 that you have had as Manager of Environmental Assessment 19 and Toxicology at Monsanto? 20 A. I believe we have. 21 Q. How long -- Excuse me. Over what period of 22 time were you the Manager of Environmental Assessment and 23 Toxicology? 24 A. It was probably about 1972, end of *72, to 25 probably '77, '78. Latter '70s. - 31 CONCANNON 6 JAEGER WATER PCB-00051869 COMPUTER AIDED TRANSCRIPTION Q. What was your next job title at Monsanto? A. It was Director of Environmental Assessment and Toxicology* Q. And that would have begun in *77, `78, or late 5 '70s? 6 A. Toward thelatter '70s# as I recall. 7 Q. Going back for a moment to the time when you 8 were Manager of Environmental Assessment and Toxicology. 9 During that period of time# was there a Director of 10 Environmental Assessment and Toxicology? 11 A. NO. 12 Q. And you indicated# I believe# that during -- 13 Let me ask it this way. To whom did you report between 14 1972 when you became Manager of Environmental Assessment 15 and Toxicology, and when you stopped having that job title 16 in the latter '70s? 17 A. About1974# *75#Dr. George Roush joined 18 Monsanto as the Medical Director to replace Dr. Kelly, who 19 was retiring. Somewhat after that# I reported directly to 20 Dr. Roush and I may still have been manager at the time I 21 reported to him, and I -- Definitely I was reporting to 22 him after I became director. 23 Q. So during the time you were Manager of 24 Environmental Assessment and Toxicology, you reported first 25 to Elmer wheeler and later to Dr. RouBh? - 32 CONCANNON & JAEGER WATER PCB-00051870 COMPUTER AIDED TRANSCRIPTION 1 A. That's correct. 2 Q. And to nobody else? 3 A. That's correct. 4 Q. When did you cease being Director of 5 Environmental Assessment and Toxicology? 6 A. 1986. 7 Q. What job responsibilities did you have as 8 Director of Environmental Assessment and Toxicology? 9 A. I would say they were very comparable to what 10 I had as Manager, except the scope, size, of the operation 11 increased markedly. 12 Q. Bow many employees, if any, did you have when 13 you were Manager of Environmental Assessment and 14 Toxicology? By that, I mean how many did you supervise. 15 A. I started with one and a secretary, that would 16 have been two, and I probably got to something like eight 17 or ten doctorates with two or three secretaries when X was 18 named director. By the time I stopped being director, I 19 probably had something like twenty-two, twenty-four people, 20 of whom about fourteen or sixteen had doctorates, one or 21 two each had masters and bachelors and about four 22 secretaries. 23 0* What was your next job title, if any, at 24 Monsanto? 25 A, It was Senior Toxicology Consultant. - 33 CONCANNON & JAEGER WATER PCB-00051871 COMPUTER AIDED TRANSCRIPTION 1 Q. Who did you report to es Senior Toxicology 2 Consul tent? 3 A* Dr. until he retired and the last few 4 years to Dr. Barry Friedlander, who is the current medical 5 director. 6 Q Over what period of time did you have the job we 7 title of Senior Toxicology Consultant? P- 8 A. Until I retired in 1991. IV/5I 9 Q. So you had that from 19&& to 1991? 10 A. Yes. 11 Q. What job responsibilities did you have as 12 Senior Toxicology Consultant? 13 A. At that timef in a decentralization move, the 14 toxicology group I had been managing was split into two. 15 One was assigned to the agricultural company and the other 16 remained with the chemical company. My function subsequent 17 to that was to attempt to maintain liaison between these IB two groups so that they acted reasonably consistently, to 19 assist them, based on my greater experience, in issues and Ccr 20 act as ,jOA-srn. to them on issues as they arose; to be 21 available for people within Monsanto to consult on issues, 22 toxicology questions, and to a limited extent, participate 23 in extracurricular, or extramural activities on various 24 trade associations, working parties, groups of this nature. 25 Q. Do you know whether you intend to be a witness - 34 - CONCANNON 6 JAEGER WATER PCB-00051872 COMPUTER AIDED TRANSCRIPTION 1 in the lawsuit in which you are presently giving this 2 deposition? 3 A. It's been indicated I may be one but I didn't 4 know if I will be or not, 5 Q Were you aware of PCBs before you began your 6 employment with Monsanto? 7 A. Yes, X was aware of them, 8 0, How did you first become aware of PCBs? 9 A. I don't think X could point to a specific time 10 I became aware of them. They are listed in the so-called 11 Threshold Limited Values put out by the American Conference 12 of Governmental Industrial Hygienist, Some of the early 'if&rv1 13 work was done by the late Dr, jr-irOh, whom I knew quite 14 well, and we may have talked about them. I mean, they were 15 known materials and somewhere along the line, X became 16 aware of them. 17 Q. Dr. TtirOlPs work with PCBs dated back to the 18 1950s; is that correct? 19 A. Yes. 20 Q. Were you aware of PCBs in the 1950a? 21 A. Probably not because I was -- Well, probably 22 not, but I may have read about them in graduate school. I 23 can't say for sure. 24 Q. Do you recall the first time you had any 25 discussion with any Monsanto employee, while you were a - 35 CONCANNON & JAEGER WATER PCB-00051873 COMPUTER AIDED TRANSCRIPTION r 1 Monsanto employee, regarding PCBs? 2 MR, BAUERt Could I hear the question back? 3 (Whereupon, the reporter propounded the previous question.) 4 A. About the time I joined Monsanto, PCBs were 5 being recognized as environmental contaminants and Elmer 6 Wheeler was involved in some of those Issues and I suspect 7 that somewhere along the line, either at lunch or 8 somewhere, that he may well have been the first person I 9 talked to about them but I don't recall, again, a specific 10 episode in which I suddenly became aware of Monsanto's 11 involvement with PCBs. 12 Q. (By Mr. Bradley) At some point, did you, as a 13 Monsanto employee, undertake any job responsibilities with 14 respect to Monsanto products containing PCBs? 15 A. I've indicated that my initial 16 responsibilities were to look at new products, new uses of 17 existing products. PCBs were an existing product and as 18 such, they basically fell out of my purview. I undoubtedly 19 may have been asked, may have been involved in discussions 20 with PCBs but I can't recall specifics. 21 Q. In your first job with Monsanto, you were, you 22 indicated that you were responsible for examining new uses 23 of existing products, correct? 24 A. Yes. 25 Q. Did you examine -- Excuse me. In your first - 36 CONCANNON & JAEGER WATER PCB-00051874 COMPUTER AIDED TRANSCRIPTION 1 job at Monsanto, did you examine any new uses o PCBs? 2 A, I don't know, recall anything being brought to 3 my attention. 4 Q. Did you ever assume any responsibility for 5 Monsanto products containing PCBs? 6 A. As we went through the chronological growth 7 within the toxicology group, yes, we gradually assumed 8 responsibility for all new and ongoing testing of the 9 products. Along the line, PCBs would have come in. 10 Q. That would have been in 1972 when you became 11 Manager of Environmental Assessment and Toxicology? 12 A. In 1972 -- I gave a general description of my 13 job function in 1972. That would have bean, if you will, 14 the opening, the beginning of the time when we began 15 encompassing more responsibility for corporate testing. 16 Somewhere along the line, we picked up the responsibility 17 for PCBs, but there is no formal handing over of a 18 responsibility of anything that I can recall. 19 Q. Whether there was a formal or informal passing 20 of responsibility on PCBs, can you give me your bast 21 estimate of the date that you, in fact, assumed 22 responsibility for testing of PCBs? 23 A. Probably the closest to, or at least the one 24 that would stick in my memory I would say - would be more 25 or less an assumption - was probably the end of '74, when - 37 CONCANNON & JAEGER WATER PCB-00051875 COMPUTER AIDED TRANSCRIPTION 1 Dr. Kimbrough came to Monsanto to inform us she had 2 conducted some studies in female cats with a highly 3 chlorinated PCB and that she found liver tumors in those 4 rats. 5 MR. BRADLEYt Would this be an acceptable time 6 to take a short break? 7 MR. BAUERt Certainly* 8 (Whereupon* a fifteen minute recess was taken.) 9 Q. (By Mr. Bradley) Prior to your assumption of 10 responsibility for testing of PCBs* was there anyone within 11 Monsanto who had prior responsibility for the testing of 12 PCBs? 13 A. Insofar as I could tell* it was Elmer Wheeler. 14 Q. Do you know whether* at any time prior to 15 1974* Monsanto conducted its own tests regarding the 16 toxicity of PCBs? 17 A. As I learned subsequently* there were a series 18 of extended tests conducted* many of which have been 19 completed and most of which were being completed about the 20 time I joined Monsanto. 21 Q. And were those tests being conducted in-house 22 or by outside laboratories? 23 A* By outside laboratories. 24 Q. During the time you were employed at Monsanto, 25 were you ever aware of any in-house tests conducted by - 38 CONCANNON & JAEGER WATER PCB-00051876 COMPUTER AIDED TRANSCRIPTION 1 Monsanto on PCBs prior to 1974? 2 A. With respect -- 3 MR. BAUERt Object to the form. You say 4 in-house tests, you're now again talking about toxicology 5 tests? 6 MR. BRADLEYt That's correct* 7 A, I was going to say, with respect to toxicity 6 tests, I'm not aware that Monsanto did any in-house. 9 Q. (By Mr. Bradley) All right. Are you aware of 10 chlorinated naphthalenes? 11 A. I have some knowledge of them. 12 Q. Are you aware of a study done by Dr. Cecil 13 Drinker in 1937 regarding chlorinated naphthalenes? 14 A. I think I have read that paper sometime back. 15 Q. Okay. Do you know whether, at any time, 16 Monsanto conducted any in-house or outside tests to 17 determine whether any adverse health effects were caused by 18 exposure to chlorinated naphthalenes? 19 A. I have no knowledge of such. 20 Q. Do you recall whether the 1937 Drinker study 21 valuated the toxicity, in part, of a combination of 22 chlorinated naphthalene and PCB? 23 A. I don't recall that study well enough to 24 comment but the early literature in this area indicates 25 that, or at least raised a question that some of the early - 39 CONCANNON fc JAEGER WATER PCB-00051877 COMPUTER AIDED TRANSCRIPTION 1 work attributing effects to PCCs may actually be the result 2 of chlorinated naphthalenes, with which the PCBs at that 3 time apparently were used. The two were used together. 4 Q. Are you aware of any tests or studies done by 5 Monsanto, in-house or outside, to determine whether the 6 adverse health effects were caused by the chlorinated 7 naphthalene or the PCBs relative to the early literature 8 that described adverse health effects from a combination of 9 those two? 10 A. I do not know whether Monsanto made such 11 efforts. I do not recall seeing anything in the way of 12 results of Monsanto efforts. 13 Q. Did you ever question Elmer Wheeler, Dr. 14 Roush, or anyone within Monsanto why Monsanto did not 15 undertake any tests to determine whether the adverse health 16 effects reported to be associated with a combination of 17 chlorinated naphthalene and PCBs were caused by either the 18 chlorinated naphthalene or by the PCB? 19 MR* BAUERt Object to the form of the 20 question. Assumes a fact not in evidence. 21 A. I think I've indicated that there's confusion 22 in the early literature, or people have raised questions as 23 to whether the results -- Since these compounds are used 24 in mixtures, combinations of chlorinated naphthalenes and 25 chlorinated biphenyls, that some people have raised - 40 CONCANNON 6 JAEGER WATER PCB-00051878 COMPUTER AIDED TRANSCRIPTION 1 questions about the reliability of some of the early 2 literature in attributing effects to one or the other 3 compound. It's my impression that, my feeling, that when 4 that was Known and people stopped using them in mixtures 5 and they were used in essentially a pure compound, that the 6 test results then were considered applicable to the 7 materials under test, and there would be no apparent reason 8 to make that determination if the use of the mixtures had 9 been discontinued. 1C Q. (By Mr. Bradley) Can you indicate for me your 11 understanding of when the use of the mixtures was 12 discontinued? 13 A. As I say, as I read through the older 14 literature and read through, listening to the old-timers, 15 people older than I, that have been in the business longer 16 than I, talking to them at meetings, scientific meetings, 17 and general discussions, that when it was recognized the 18 mixtures created problems, they separated the two and they 19 have not had that sort of problem since, but I can't 20 pinpoint the time. 21 Q. All right. You wouldn't Know if it was the 22 19306, '40s or '50'& or any other period of time? 23 A. I don't Know for sure, but I would think it 24 was probably, the practice ceased before World War II. 25 q. Are you familiar with any studies done on a - 41 CONCANNON & JAEGER WATER PCB-00051879 COMPDTER AIDED TRANSCRIPTION 1 compound called Halowax. 2 A. I think Halowax, I believe, is a tradename for 3 chlorinated paraffin. 4 Q. Chlorinated what? 5 A. Chlorinated paraffin. 6 Q. Do you know whether chlorinated paraffin 7 contained chlorinated naphthalene? 8 A. I do not know the specificcomposition, no. 9 Q. Do you know -- Well, do you know whether the 10 1937 Drinker report addressed the compound known as 11 Halowax? 12 A. I do not recall at this time. 13 Q. Was Paul Wright ever an employee whom you 14 supervised? 15 A. Yes, 16 Q. When was he an employee that you supervised? 17 A. The latter part of 1972. Probably September 18 or October. 19 C. What work was he doing for you when you 20 supervised him? 21 A. Paul Wright was hired to assist me in the 22 environmental assessment program, which I've indicated 23 earlier. Between the time an offer was made to hire him 24 and the time he reported for work, Dr. Hunt, I mentioned 25 earlier, had died. So the question came up as to a 42 CONCANNON & JAEGER WATER PCB-00051880 COMPUTER AIDED TRANSCRIPTION 1 latter part of 1972, did you have any discussions with Dr. 2 Wright while he was an employee at IBT regarding testing of 3 Monsanto products? 4 A. I did not meet Dr. Wright until after I came 5 to Monsanto. I did make a few trips to IBT after I joined 6 Monsanto, in part to look at their facility, and there may 7 have been one or two occasions when I may have talked with 8 some of their people about toxicity testing. Paul Wright 9 may have participated in some of those discussions, but I 10 do not have a specific topic or recollection of specific 11 items that we would have discussed. 12 Q. What was your purpose in making a trip to IBT 13 to look at their facility? 14 A. That was a contract laboratory that we were 15 dealing with and it was part of my general orientation at 16 Monsanto. 17 Q. Were there other contract laboratories that 18 you visited during that period of time? 19 A. Not in the same sense as an orientation visit 20 that Monsanto was dealing with. There were other 21 laboratories that I visited but they would have been in 22 connection with scientific meetings or some other events. 23 Q. So I take it, part of your purpose for going 24 to IBT was to examine what they were doing as part of their 25 testing for Monsanto products? 44 * CONCANNON & JAEGER WATER PCB-00051881 COMPUTER AIDED TRANSCRIPTION A. I indicated it was more to familiarize myself 2 with their facilities, get some idea of what was available, 3 what was being done, 4 Q And did somebody within ZBT take you around 5 their facility then so that you could becoming familiar 6 with it? 7 A. Yes. 8 Q. Who was that? 9 A. I mentioned several people. Could have been 10 any of them. I don't recall specifically who accompanied 11 me on those tours. 12 0. And on your tour of the IBT facility, were you 13 taken into the areas where the animals were housed that 14 were being used to test Monsanto products? 15 A. I was taken to areas that they had animals on 16 test. I do not recall them pointing out specifically that 17 these were Monsanto products on test. 18 Q. During your visits to the IBT lab, did you 19 notice anything unusual? 20 A. It appeared to be comparable to many other 21 laboratories I had seen. 22 Q. Did you visit any area where there appeared to 23 be water on the floor? 2 A A. I do not recall water on the floor. 25 Q. Do you recall visiting any area where the - 45 CONCANNON & JAEGER WATER PCB-00051882 COMPUTER AIDED TRANSCRIPTION 1 animals were housed in cages in numbers that you thought 2 was not appropriate? 3 A. X did not look enough, close enough, at the 4 identification of the cages to comment on it. 5 Q* Did you notice any smell in any of the rooms 6 that seemed unusual to you for a contract laboratory? 7 A. No. 8 Q. Did you notice whether any of the animals had 9 their limbs chewed off? 10 A. No. 11 MR. BAUERi Objection. Assumes facts net in 12 evidence. 13 MR. BRADLEY) Well, X can tell you that Manuel 14 Reyna testified here, when your attorney was not present, 15 and he described cages where animals had their limbs chewed 16 off. Now, whether that's what the deposition shows or not, 17 we'll find out, but your attorney wasn't here during that 18 deposition. 19 MR. BAUER: Move the strike from the 20 deposition transcript the recitation of what happened in a 21 prior deposition. 22 Q. (By Mr. Bradley) Do you recall during your 23 visit to IBT seeing any animals running loose in any of the 24 rooms that housed test animals? 25 A. I do not. - 46 CONCANNON & JAEGER WATER PCB-00051883 COMPUTER AIDED TRANSCRIPTION 1 Q. Do you recall visiting a room that anyone 2 referred to as the swamp? 3 A. I did not hear that term used. 4 Q. During your visit to IBT, did anyone indicate 5 to you that IBT employees participated in a hunt for test 6 animals that had escaped from cages or for wild animals 7 that had entered the rooms housing the test animals? e A. I saw no evidence of such thing. 9 Q. You indicated you made a few trips to IBT. 10 How many do you recall making? u A. I really can't put a precise number. Might 12 have been four or five in total. 13 Q. Out of the trips that you made to IBT, do you 14 remember on how many occasions you visited any of the rooms 15 that housed test animals? 16 A. Certainly not every time I made a trip. I 17 would say perhaps two or three times, at most, 18 Q. Okay. Did you tour the entire IBT facility? 19 A. I would say probably not, I don't think I 20 went through every room in every building. 21 Q. But you probably went through all of the rooms 22 that housed test animals that were being used to assess 23 Monsanto products? 24 MR. BAUERi Object to the form. 25 A, I've indicated I don't know what products were - 47 CONCANNON & JAEGER WATER PCB-00051884 COMPUTER AIDED TRANSCRIPTION 1 under test. The areas that I looked at, portions that I 2 visited, I think I've indicated at the outset, were 3 comparable to my own laboratory at Cyanamid, to 4 laboratories I have Been at other companies and to 5 laboratories I visited at universities, and I saw nothing I 6 would consider untoward* 7 Q. I'm interesting, though, to your understanding 8 of what rooms you visited when you toured the IBT facility. 9 Did you request to review --<* Excuse me. Did you request 10 to visit the rooms that housed animals that were being used 11 to test Monsanto products? 12 A. In at least one of their buildings, they had 13 relatively large animals which housed several studies 14 concurrently. I did not ask them are any of these - or 15 which of these might be Monsanto, any more than I would ask 16 which other companies might be involved here. So I cannot 17 answer the question. I can say that I looked at their 18 facility and what I saw, I did not consider untoward. 19 Q. Was it your understanding that you visited 20 most, if not all, of the rooms at IBT that housed test 21 animals when you made these four or five trips to the IBT 22 labs? 23 A. I think it's reasonable to say that I probably 24 visited the majority of the facility, yes. 25 Q. And included in the majority of the facility, - 48 CONCANNON 6 JAEGER WATER PCB-00051885 COMPUTER AIDED TRANSCRIPTION 1 was It your understanding that you visited most/ if not 2 all/ of the rooms that housed test animals? 3 A. My statement about majority of the facility 4 was aimed at the test animal housing/ yes* 5 Q. By majority/ do you mean more than half or do 6 you mean nearly all of them* if not all of them? 7 MR. BAUER: Objection. Lack of foundation. 8 A. I saw the dog facilities; I saw rabbit 9 facilities; I saw mouse facilities; I saw rat facilities. 10 I don't recall whether I saw primates at that time but 11 having seen representative animals that were housed/ that's 12 what I based my comments on. 13 Q. (By Mr. Bradley) Was it your understanding 14 that you saw all of the rat facilities? 15 A. I have indicated X don't know that I have seen 16 them all* 17 Q. All right. 18 A. I can't say that I did. 19 Q. Over what period of time did you supervise 20 Paul Wright? 21 A. Probably into latter '706. X don't recall a 22 specific date. 23 Q. What were Mr. Wright's -- Excuse roe. What 24 were Dr. Wright's job responsibilities during the time that 25 you supervised him? - 49 CONCANNON & JAEGER WATER PCB-00051886 COMPUTER AIDED TRANSCRIPTION 1 A. Major effort of his was to pick up the loose 2 ends left behind by Dr, Wright's * I'm sorry - by Dr. 3 Hunt's death, and since I was still focusing largely on 4 environmental assessment of new products and existing 5 products, he was taking on an increasing responsibility for 6 ongoing tests, tests on other products that were going on, 7 and we were also actively recruiting additional 8 toxicologists. 9 Q. Do you know whether, or when Dr. Wright was a 10 prior employee of Monsanto, whether he was working in the 11 field of toxicology? 12 A. It's my understanding that his background was 13 in nutrition, that Monsanto had a nutrition program in an 14 agricultural division at that time, that the program had 15 been closed out and that is why Paul Wright left. 16 Q. All right. 17 A. So he was familiar with animal testing, yes. 18 Q. Do you know over what period of time Dr. 19 Wright was an employee at IBT? 20 A. No, Z do not. 21 Q. While Dr. Wright was an employee at IBT, do 22 you know whether he had any job responsibilities relating 23 to the testing of any Monsanto products? 24 A. I do not know that. 25 Q, Did you ever become aware of whether Dr. - 50 CONCANNON k JAEGER WATER PCB-00051887 COMPUTER AIDED TRANSCRIPTION 1 Wright, while he was an IBT employee, ever had any job 2 responsibilities relative to the testing of PCBs? 3 A. Dr. Wright was an IBT employee when I came to 4 Monsanto. I'm sure that correspondence went through him or 5 back and forth between him and Monsanto* I do not recall 6 details of that correspondence. 7 Q. My question, though, was whether you knew 8 during the course of his employment at IBT whether he had 9 any job responsibilities relative to the testing of PCBs? 10 A. I'm trying to indicate he may well have been 11 involved in testing PCBs. I do not recall specifically, 12 nor do I, at this time, have any particular recollection 13 that he was. His name may appear on memos and such, but I 14 don't know what his involvement may have been in terms of 15 while he was at IBT, whether he was involved in it. 16 Q. When Dr. Wright began his second round of 17 employment at Monsanto in the latter part of 1972 under 18 your supervision, did he have any job responsibilities 19 relative to the testing of PCBs? 20 THE WITNESSi You mean at -- When he came to 21 Monsanto, did he have any responsibilities? 22 MR, BRADLEYt In the latter part of *72, yes. 23 Under your supervision. 24 A. I don't recall that Monsanto was doing any 25 testing of PCBs at that time, and based on that failure to - 51 CONCANNON & JAEGER WATER PCB-00051888 COMPUTER AIDED TRANSCRIPTION 1 recall any tests ongoing, the answer would be no, he did 2 not have responsibility for testing of PCBs. 3 Q. Z didn't limit my question to in-house 4 testing. I included contract lab testing. Is your answer 5 still the same? 6 A. My answer is still the same. 7 Q. After Dr. Wright began his re-employment with 8 Monsanto under your supervision in the latter part of 1972, 9 did he have any job responsibility relative to reports that 10 were being developed or generated by outside labs regarding 11 PCBs? 12 A. He would have -- He could well have reviewed 13 reports written by outside labs, yes. 14 Q. Is that a job responsibility that you assigned 15 to Dr. Wright? 16 A. Since there were two of us, if reports came 17 in, depending on the urgency with which they needed review, 18 he or I might take them. There was no prescribed 19 procedure. 20 Q. How about reports from IBT? Since Dr. Wright 21 was a prior IBT employee, did you assign him any job 22 responsibilities for working with the development of 23 reports from IBT regarding testing of PCBs? 24 MR. BAUER: Objection. It assumes a fact not 25 in evidence. We're talking 1972 and the witness just said - 52 CONCANNON 6 JAEGER WATER PCB-00051889 COMPUTER AIDED TRANSCRIPTION 1 he didn't recall there were any ongoing studies with regard 2 to PCBs# but you can answer if you're able. 3 MR. BRADLEYt Would you read the question 4 back? 5 (Whereupon# the reporter propounded the previous question.) 6 MR. BAUERt Sane objection. It assumes there 7 was such work occurring at the time# which is contrary to 8 the witness' testimony. You can answer. 9 HR. BRADLEYt I move to strike counsel's 10 colloquy. Go ahead and answer the question. 11 A. I think there are at least two parts to that 12 question. One is that no, he was not assigned to the 13 development of reports with contract laboratories. We have 14 never developed reports with contract laboratories. We do 15 review the reports from contract laboratories# we may take 16 technical issues up with the writer of the report# but we 17 do not develop reports with contract laboratories. So that 18 portion of the question# I think# is a definitive no. Now, 19 with respect to reviewing reports. Back to my earlier 20 answer# is that without regard to where the report came 21 from or without regard to the fact that Dr. Wright had or 22 had not been at IBT earlier# there are many items that come 23 and go and depending on the urgency# depending on other 24 assignments of people# to some extent, depending on the 25 background of the individual# his expertise# either one of - 53 CONCANNON & JAEGER WATER PCB-00051890 COMPUTER AIDED TRANSCRIPTION 1 us might have looked at any different given report from 2 anywhere at any time without a specific assignment. 3 Q. After Dr. Wright began his work under your 4 supervision in the latter part of 1972* was IBT still 5 developing reports regarding testing they had conducted of 6 PCBs? 7 A. They probably were* I can't recall a specifically but they may well have been. 9 0. Did you ever direct any person within IBT to 10 change any of the reports that they generated regarding 11 their testing of PCBs? 12 A. If I may, my interpretation, I indicated 13 earlier we may go back for technical discussions, we may go 14 back and critique their reports. I have never directed 15 anybody, nor have I done, nor am I aware that anybody has 16 done, is go back and ask them to change the data base, 17 factual material that is presented in the report but yes, 18 as a professional scientist, I feel it is part of my 19 responsibility to critique that report, as I would any 20 other article or report presented to me, and if I have a 21 technical basis for discussion, I will discuss it with the 22 contract laboratory. 23 Q. As I understand your answer, you've never 24 directed anybody to change the factual material, meaning 25 the data, of any studies done on PCBs? - 54 CONCANNON fc JAEGER WATER PCB-00051891 COMPUTER AIDED TRANSCRIPTION 1 A. That's correct. 2 Q. Have you ever directed anybody to change the 3 conclusions based upon the factual material regarding the 4 testing of PCBs? 5 A. I have suggested alternate language. I made 6 recommendations for alternate language which might 7 emphasize a particular point. In some casesr that has been 8 accepted and in some cases/ it has been rejected. 9 Q. My question/ though - and I appreciate your 10 answer/ but my question is whether you've ever directed 11 anyone to make any changes regarding conclusions that they 12 drew from the factual material/ the raw dataf on tests done 13 on PCBs? 14 A. I have not -- 15 MR. BAUER: Objection. First of all/ your 16 previous question was not limited to PCBs/ so you're not 17 repeating the same question. Second of all/ with respect 18 to all products is the question you just answered. There's 19 apparently some misunderstanding between the two of you 20 about what "any changes" means/ but he answered that 21 specific question. But you can answer it again. 22 A. Well/ I have not ~ I don't recall/ and I'm 23 quite willing to state I have not asked anybody to change a 24 conclusion ifr in their technical judgement/ the data 25 supported their conclusion. I will accept that. But there - 55 CONCANNON & JAEGER WATER PCB-00051892 COMPUTER AIDED TRANSCRIPTION 1 may be times when I may ask them to reconsider an issue in 2 light of some new information, or I may ask them in my 3 judgement, to make the response more specific in terms of 4 terminology, but it is not to change the conclusion. In 5 other words, to deny something which was there, as it were, 6 in that sense, or to turn around, I think I want to say 7 unequivocally. I have not asked people to change 8 conclusions. I may have suggested alternate wording, I may 9 have asked for greater clarification of a conclusion, but 10 it is my view, and it's what I have done, I encourage my 11 own people. It's part of the tutorial I mentioned earlier. 12 The individual doing the study is responsible for the 13 conclusions. Now, you can argue with them and you can try 14 to understand what they're doing, but ultimately, it's his 15 decision what's in that report. 16 Q. (By Mr. Bradley) Do you know whether Dr. 17 Wright, while he was under your supervision, ever directed 18 any employee at IBT to make any changes in the reports that 19 they were generating regarding their testing of PCBs? 20 A. I am not aware that he has done so. 21 Q. You knew that Dr. Wright was charged with a 22 crime regarding the work that he did at IBT; is that 23 correct? 24 A. That was several years later, yes. 25 Q. And you knew that part of the allegations - 56 CONCANNON & JAEGER WATER PCB-00051893 COMPUTER AIDED TRANSCRIPTION 1 against Dr. Wright were that be falsified some reports 2 regarding the testing of PCBS? 3 MR. BAUER: Object to the form. You say that 4 "he,* Dr. Levinskas, knew and that's indefinite as to time 5 as to when he had the knowledge. You can answer, Doctor. 6 A. I do not recall that PCBs were a topic of 7 discussion in the so-called IBT case. I do not recall that 8 PCBs were a topic of discussion. 9 Q, (By Mr. Bradley) Well, let me ask this. When 10 did you become aware that Dr. Wright was being charged with 11 a crime relative to his work at IBT7 12 A. I guess I would be aware of it when the 13 newspapers announced they had been indicted. 14 Q. And what year was that? 15 A. I regret to say, I -- Those were very busy 16 years from a technical/professional standpoint, and I just 17 cannot recall. My general recollection, it would be in the 18 latter part of the '70s, but it's a benchmark figure. 19 Q. Was Dr. Wright still an employee under your 20 supervision when the media reported that he had been 21 indicted? 22 A. Be was still an employee. I do not think he 23 was under my supervision at that time. 24 Q. And under whose supervision was he when you 25 became aware of the media reports that he had been - 57 CONCANNON & JAEGER WATER PCB-00051894 COMPUTER AIDED TRANSCRIPTION 1 indicted? 2 A. He may have been -- First off# I'm not 3 absolutely positive. He may still have been under my 4 supervision# but my general impression is he was not. He 5 either reported to Dr. Edward Paget or Dr* Roush at that 6 time. 7 Q. And at that time# if he was not under your 8 supervision# do you know what job title he had? 9 A. He might have been the director of our newly 10 built environmental health laboratory. I'm not positive. 11 He may have been in that position. 12 Q, was any study undertaken by Monsanto following 13 the indictment of Paul Wright to determine whether any of 14 the testing done at IBT labs on PCBs was valid and 15 reliable? 16 MR, BAUERs Objection. Lacks foundation that 17 this witness would know what all Monsanto did# but you may 18 answer. 19 A. I indicated earlier that we had a letter from 20 FDA# which wanted to know about studies that had been 21 submitted to a regulatory agency. It's my recollection 22 PCBs were not on that list. At the time of the indictment# 23 I believe Monsanto had also ceased manufacture of PCBs. So 24 that from a Monsanto prospective# that was no longer an 25 active or existing product. Several years later# I - 58 CONCANNON & JAEGER WATER PCB-00051895 COMPUTER AIDED TRANSCRIPTION 1 undertook to review available information from all sources 2 that I could locate that would deal with the 3 carcinogenicity of PCBs. At that time# we went back and 4 took a look at the original IBT studies. We had been 5 requested by the agencies to validate data submitted to 6 them for regulatory action. Validation would require the 7 availability of records. We made an effort to locate the /ot.C cU > q 8 three studies done on rats# three rat lifetime ^r^Lafrirnty 9 studies on Aroclor products done by IBT. IBT was 10 essentially under Government control at that time, it was 11 not a functioning laboratory. We were unable to obtain all 12 of the records. So no formal attempt was made to validate 13 those studies. I did have available to me a limited amount 14 of records that I felt would substantiate the fact that 15 animals were put on# that they were fed PCBs and since, at 16 that time# the basic question was the carcinogenicity, I 17 had enough of the records from the autopsies and 18 microscopic examinations to confirm, or to substantiate to 19 some degree that the work had been done on those liver 20 sections, and I wrote a limited report# based on that 21 limited or selected audit of the available data, which led 22 me to conclude that the IBT studies were reasonable, 23 reasonably valid, and they contained useful information: 24 and I might add, their results were consistent with results 25 others had published on similar materials. - 59 CONCANNON & JAEGER WATER PCB-00051896 COMPUTER AIDED TRANSCRIPTION MR. BRADLEYi Would you read the answer back for me, please. 3 (Whereupon, the reporter propounded the previous answer.) 4 Q. (By Mr. Bradley) Did you ever become aware 5 that part of the criminal allegations involving Dr. Wright 6 were the falsification of data while he was an IBT 7 employee? 8 A. I have no direct knowledge except for whatever 9 was in the newspapers. I believe the charges were they had 10 submitted false information to the Government and each 11 carried the same charge they used the mails or the wires to 12 defraud. Beyond that, I have no knowledge of the 13 specifics. 14 Q. And during the period of time in which he was 15 alleged to have done these things, you knew that Dr. V7right 16 was an IBT employee and that IBT was doing tests on 17 Monsanto products, true? 18 MR. BAUER: Object to the form of the 19 question. 20 MR. BRADLEY: What'6 wrong with the form of 21 the question? 22 MR. BAUER: Well, you say at that time, and 23 there was three or four different times specified in the 24 question, so it's indefinite as to when you're talking 25 about. - 60 CONCANNON & JAEGER WATER PCB-00051897 COMPUTER AIDED TRANSCRIPTION 1 Q. (By Mr. Bradley) All right -- 2 MR. BAUER) It's vague in the use of the words 3 "at that time#" as to when Dr. Levinskas knew a certain 4 fact or whether the facts were occurring at that time. 5 MR. BRADLEY) Would you read the question 6 back? 7 (Whereupon# the reporter propounded the previous question.) 8 Q. (By Mr. Bradley) Go ahead and answer the 9 question. 10 MR. BAUERt It's still vague. 11 MR. BRADLEYi I understand your objection. 12 A. I guess the answer would be that after Paul 13 Wright was indicted, thinking back on it# it would have 14 occurred to me that at the time of the alleged incidents in 15 the indictments# he had been at IBT and he could well have 16 been working on Monsanto products. 17 Q. (By Mr. Bradley) Fine. And did Monsanto# 18 then# after Dr. Wright was indicted# check the information 19 that was being used against Dr. Wright to determine whether 20 there was a problem with any of the testing of any Monsanto 21 product? 22 MR. BAUER) Objection. Lacks foundation. 23 A. I'd like the question reread because I think I 24 need -- It's sufficiently broad# I think have some 25 difficulty in responding to it. - 61 CONCANNON & JAEGER WATER PCB-00051898 COMPUTER AIDED TRANSCRIPTION 1 MR. BRADLEYt Let me begin by saying, Dr. 2 Levinskas, that I know that you can only tell me what you 3 personally know and so when I*m asking you questions. I'm 4 only asking you what you personally know. 5 Q. (By Mr. Bradley) My question is, ater Dr. 6 Wright was indicted, did anyone at Monsanto that you're 7 aware of examine the evidence that was being gathered 8 against Dr. Wright to determine whether he had falsified 9 any information regarding the testing of PCBs? 10 A. I think I've indicated earlier, I'm not aware 11 that PCBs were a subject of the indictment. If they looked 12 at everything that IBT did at the time that Paul Wright was 13 there, and I suspect one could say well, he was there while 14 the PCBs were there, but the items that were, he was being 15 indicted for did not include PCBs. I did not do anything 16 about it until a later date, as I mentioned, when we went 17 back and looked at those rat studies. I'm not aware of 18 anybody else doing anything. 19 Q. Are you aware whether anyone within Monsanto 20 following Dr. Wright's indictment, examined any of the 21 evidence generated against Dr. Wright to determine whether 22 he might have falsified any information regarding the 23 testing of Monsanto products? 24 A. I guess I would answer by turning it back to 2 5 an earlier comment. We had this letter from FDA, which - 62CON CANNON & JAEGER WATER PCB-00051899 COMPUTER AIDED TRANSCRIPTION 1 raised, which presented us with a series of report numbers 2 and they wanted to know whether we had done anything, or 3 identification of the studies, and whether those studies 4 had been submitted as part of a petition or a registration 5 request to any regulatory agency. Working from that list, 6 we determined that every study - except for some short term 7 ones where we could repeat the studies more quickly than we 8 could audit them, and if the results were comparable to 9 what we had earlier, we would take that as validation - but 10 for the studies that were submitted to an agency, we 11 attempted to see whether we could validate those studies 12 because if we sent it to an agency with a request that they 13 take certain action, we wanted some assurance that we had 14 provided them with reliable information they had acted on, 15 and if the information we had supplied to them was not 16 reliable, we wanted to be in a position to tell them so. 17 MR. BRADLEYi I move to strike the answer as 18 nonresponsive. 19 Q. (By Mr. Bradley) My question was a rather a 20 narrow one, and my question was whether, after Dr. Wright 21 was indicted, whether you are aware of anyone within 22 Monsanto examining the evidence that was developed against 23 Dr. Wright to determine whether he may have falsified any 24 information relating to Monsanto products? 25 A. I guess I would have to go back to my somewhat - 63 CONCANNON & JAEGER WATER PCB-00051900 COMPUTER AIDED TRANSCRIPTION 1 extended comment. The products that Paul Wright may or may 2 not have worked on, the IBT generated tests, the results, 3 the tests themselves, if the results of the tests had been 4 submitted to a regulatory agency, those items, we went back 5 and made a serious effort^h^ recover the records and to 6 see whether we could substantiate the information presented 7 on them. 8 Q. Let me ask this. Are you aware, after Dr. 9 Wright was indicted, whether anyone within Monsanto 10 examined transcripts of depositions or testimony in any 11 form of people who were claiming Dr. Wright falsified 12 information to determine whether he falsified any 13 information regarding Monsanto products? 14 A. I did not read any transcripts or hear any 15 testimony. I do not know whether anybody at Monsanto did. 16 Q. Do you know whether it's ever been alleged 17 that Dr, Wright went to IBT and directed changes -- Let me 18 -- I'm going to start this question all over again. Do 19 you know whether, as part of the criminal investigation 20 involving Dr. Wright, that it was alleged that after Dr. 21 Wright resumed employment with Monsanto in late '72, he 22 went to IBT and directed that changes be made in reports 23 developed by IBT regarding PCBs? 24 A. I do not know any details of the indictment of 25 Dr. Wright. - 64 CONCANNON & JAEGER WATER PCB-00051901 COMPUTER AIDED TRANSCRIPTION 1 Q. And by that answer, are you saying that you 2 aren't aware of -- Let me begin again. Would you read 3 back my question, please? 4 (Whereupon, the reporter propounded the previous question.) 5 Q. (By Hr. Bradley) And is your answer to that 6 no? 7 MR. BAUERi Objection. Asked and answered. 8 A. The only thing I would do is I would -- You 9 said indictment. I would substitute criminal 10 investigation. I do not know the details of the criminal 11 investigation. 12 MR. BRADLEY} That was the confusing part for 13 me. 14 A. I apologize. That'6 the point I was trying to 15 make. I don't know the details, or have any knowledge of 16 it. 17 Q. All right. Do you know whether Dr. Wright was 18 ever given an award at Monsanto, in whole or in part as a 19 reward for stalling Government action relating to the 20 regulation or banning of PCBs? 21 A. Yes, he was 22 Q. And at whose recommendation was he given that 23 a award? 24 A. Mine. 25 MR. BAUER: Dr. Levinskas, I saw you glance at - 65 CONCANNON & JAEGER WATER PCB-00051902 COMPUTER AIDED TRANSCRIPTION 1 your watch. Do you need another comfort break? 2 THE WITNESSt No. 3 Q. (By Mr. Bradley) Did IBT submit to Monsanto 4 the raw data regarding their testing of PCBs before final 5 reports were issued? 6 A. Not that I know of. 7 Q. You indicated that there are occasions when 8 you may have reviewed some reports from contract labs to 9 make suggestions regarding the reports? 10 A. Yes. 11 Q. Did IBT 6end to Monsanto any information that 12 Monsanto commented on regarding the testing of PCBs? 13 MR. BAUER: Objection as indefinite in time 14 and may lack foundation depending on the time period, but 15 you may answer, Doctor. 16 A. In my recollection, my experience, I would say 17 that I would request the draft report that I could review 18 and critique and in the sense they may have sent draft 19 reports that we looked at, orI looked at or critiqued or 20 commented on, then the answer is I looked at, if you want 21 to call it data, in that sense of the word. 22 Q. Okay. 23 A. I do not know what IBT might have done with 24 others in the medical department before I came here, how 25 they operate. I can't comment on it. - 66 CONCANNON & JAEGER WATER PCB-00051903 COMPUTER AIDED TRANSCRIPTION 1 Q. (By Mr. Bradley) All right. And did IBT 2 send you draft reports of the studies they were doing on 3 PCBs? 4 A. I don't recall that they were sent to me. 5 They may have. Z don't recall. 6 Q. Do you recall seeing any draft reports 7 prepared by IBT regarding the testing of PCBs? 8 A. I don't recall seeing a draft report on PCBs. 9 Q. Do you recall seeing any information at all 10 from IBT before they submitted final reports regarding 11 their testing of PCBs? 12 A. No, I do not recall such. 13 MR. BRADLEY; I need a brief comfort break. 14 MR. BAUER; All right. 15 Q. (By Mr. Bradley) Before I take one, and if 16 you're going to remain in the room, I'm going to show you 17 Plaintiff's Exhibit 352 and ask you to review that. 18 (Whereupon, a fifteen minute recess was taken.) 19 Q. (By Mr. Bradley) Dr.Levinskas, you have 20 Plaintiff's Exhibit 352 in front of you? 21 A. Yes. 22 Q. What is that? 23 A. This is a copy of amemo thatI wrote to Dr. 24 Calandra, IBT. 25 Q. And you wrote this on or about July 18, 1975? - 67 - CONCANNON & JAEGER WATER PCB-00051904 COMPUTER AIDED TRANSCRIPTION 1 A * Yes 2 Q. At least, that's the date listed on the 3 letter? 4 A. Yes, 5 Q. And vhen you wrote the letter, do you know 6 what position Dr, Calandra had at IBT? 7 A. He was the president of the laboratory* 8 Q, And was this written following a review of some 9 reports that IBT had developed regarding its testing of 10 PCBs? 11 A. Yes. This was an expansion of work that they 12 had done earlier. 13 Q. And does the copy that you have show that you 14 signed the letter? 15 A. It's virtually illegible. No. It's illegible 16 but there's a slash. It was probably signed by my 17 secretary. 18 Q. All right. Do you know whether this is a true 19 and accurate copy of the letter that you sent to Dr. 20 Calandra on July 18, 1975? 21 MR. BAUERt For the record, I take it you mean 22 that without the fax information on the bottom? 23 MR. BRADLEY} Yes. 24 MR. BAUER: That's obviously been added to the 25 document. - 68 CONCANNON & JAEGER WATER PCB-00051905 COMPUTER AIDED TRANSCRIPTION 1 MR, BRADLEYt Yes. I apologize for that. 2 Other than the fax reference. 3 A. I'll take responsibility for the text on 4 these papers, is that all right? 5 Q. (By Mr. Bradley)It's a true and accurate 6 copy of the text on those pages? 7 A. Yes. 8 Q. All right. And had IBT sent you -- Excuse 9 me. Had IBT sent to you or to Monsanto revised Aroclor 10 reports that you reviewed as indicated in this letter? 11 A. I think in my earlier comments, I said this is 12 an extension of work they had done earlier* This is a 13 review of liver sections from all the rate on three 14 two-year rat feeding studies that IBT had done earlier. In 15 the earlier studies, they had looked at a select number, a 16 limited number of rat livers. We asked them to go back and 17 examine every available rat liver from their studies. So 18 this is an extension of work they had done earlier. 19 Q. How did you know that the earlier study only 20 involved a select number of rat livers? 21 A. Because that was reported in the tables. 22 Q. In the tables that you received from IBT, were 23 there any listings indicating TBD? 24 A. With respect to these reports that are the 25 subject of this memorandum, they were reports that had the - 69 - CONCANNON & JAEGER WATER PCB-00051906 COMPUTER AIDED TRANSCRIPTION 1 findings, microscopic observations, made on livers made on 2 rats from the study and they were a listing of numbers, 3 animal number, rat number, and the observations. I do not 4 recall -- I do not believe they included animal numbers 5 with the designation that you gave, TB -6 Q. TBD. 7 A. TBD. 8 Q. Did you ever review any documents prepared by 9 IBT that had the initials TBD? 10 A. I have seen it in some of the records, the 11 data, backup data* of course^ study thatwas done at IBT. 12 Q. Did IBT send you backup data in 1972, *73 or 13 '74 regarding tests that they had performed on PCBs? 14 A. Not that I know of. 15 Q. Do you recall seeing the designation TBD on 16 any backup data given to you by IBT in regards to studies 17 they were conducting on PCBs? 18 A. I do not recall seeing it. Before we started 19 -- Let's go back. We were not requesting, nor were we 20 looking at data, the backup data, from IBT. So I had no 21 knowledge of the existence of that notation until a much 22 later date when we were collecting records to see if we 23 could validate, audit the studies that had been submitted 24 to regulatory agencies. 25 Q. And when you undertook that effort, you - 70 - CONCANNON & JAEGER WATER PCB-00051907 COMPUTER AIDED TRANSCRIPTION 1 located backup data that had been previously sent to you or 2 to Monsanto by IBT that had the designation TBD on it? 3 A. Their records had a aeries of abbreviations, 4 which ve contacted IBT personnel to try to put a term onto 5 the acronyms and abbreviations* Among those was the term 6 TBD. 7 Q. And when you conducted this review, were you 8 able to determine when Monsanto received any backup data 9 from IBT regarding testing of PCBs that had the acronym 10 TBD? 11 MR. BAUER: Well, object. Assumes facts not 12 in evidence. Your previous question related to all IBT 13 data and there has been no testimony that TBD is related to 14 stuff that Dr. Levinskas saw through PCB studies, but you 15 can answer the question. 16 A. I have indicated, which is the first 17 recognition of the term TBD, or the acronym, at this time I 18 do not recall whether it was or was not on the record of 19 the IBT studies that I reviewed and which I referred to 20 earlier, in 1981. I have not looked at that report to see 21 whether I made a notation of it. I don't recall whether it 22 was there occasionally. In which case I might not have 23 noted it. If it were a frequent occurrence, I would have 24 certainly made some reference to it. 25 Q. (By Mr. Bradley) Do you recall ever learning - 71 - CONCANNON & JAEGER WATER PCB-00051908 COMPUTER AIDED TRANSCRIPTION 1 when Monsanto received backup data, if they ever did, on 2 the tests performed at IBT regarding PCBs? 3 A. I think I've indicated earlier, when I 4 undertook a review of PCBs in general, we made a request of 5 IBT, or whoever was caretaking IBT at that time, for all 6 available records on the Aroclor rat feeding studies. 7 There was a relatively small amount of information that was 8 available. Complete documentation was not available. On S the basis of what I had, I felt reasonably confident that 10 animals had been put on test. I could follow their 11 progress. The diets had been fed to them and microscopic 12 examinations had been done on the livers, which was at that 13 time the focus of interest. I do not recall that an 14 appreciable number of those animals, those autopsy records, 15 had the notation TBD. I just don't recall that. 16 Q. Do you recall whether -- My question, and 17 maybe your answer is clear to you. It's not yet clear to 18 me and so I'm going to pursue it a little bit further. 19 When you made the request for this additional information 20 in 1981 and you located some backup data, did you locate it 21 from IBT or did you locate it from files within Monsanto 22 that had IBT data in it? 23 A. Prior to the request from FDA that we 24 substantiate information, or identify information sent to 25 them, we did not receive information, in terms of the - 72 CONCANNON & JAEGER WATER PCB-00051909 COMPUTER AIDED TRANSCRIPTION 1 backup data, from IBT. So any requests made of IBT for 2 such information would have been subsequent to the latter 3 part, mid or latter part of the '70s. I'm not sure when 4 that letter from PDA came* 5 MR. BRADLEY: Let's wait just a moment so we 6 can answer the phone. 7 (Whereupon, a luncheon recess was taken.) 6 0. (By Mr. Bradley) All right. You have before 9 you Plaintiff's Exhibit 352, correct? 10 A. Yes. 11 Q. The first sentence indicates that a table was 12 attached which summarized a comparison of three revised 13 Aroclor reports for 1242, 1254 and 1260; is that correct? 14 A, Yes. 15 Q. Did IBT send to Monsanto prior to July 18, 16 1972, revised Aroclor reports referred to in the first 17 sentence of this Exhibit? 18 A. At this time, I do not recall how the reports 19 came to Monsanto. Looking at the table though, one version 20 of the report is marked "Supplemental Report Number One" 21 has a parentheses of "(mailed)" I assumed it may have been 22 mailed to Monsanto. The second, the last column, between 23 the Supplemental Report Number Two is "JCC delivered." 24 I assume that was brought to Monsanto. I don't recall at 25 this time how this report came to Monsanto. - 73 CONCANNON & JAEGER WATER PCB-00051910 COMPUTER AIDED TRANSCRIPTION 1 Q. The JCC, as you understand it, refers to Dr. 2 Calandra, the head of IBT? 3 A. Yes. That would be my recollection. 4 Q. And it appears that Dr. Calandra hand 5 delivered to Monsanto the supplemental report that's 6 referred to on the attachment of this exhibit. 7 A. Yes. 8 Q. In the Becond paragraph it says, "In two 9 instances, the previous conclusion of 'slightly 10 tumorogenic' was changed to 'does not appear to be 11 carcinogenic,* and it says, "The latter phrase is 12 preferable." Who was it that concluded the latter phrase 13 was preferable? 14 A. That would have been my conclusion. 15 Q. Okay. And why would that phrase, why was that 16 phrase preferable? 17 A. I'veindicatedearlier that these reports were 18 an extension of earlier work that IBT had done from the 19 time the original reports were submitted until these 20 amended reports were issued. The specific question -- 21 (whereupon, a discussion was held between Counsel and the 22 witness, off the record.) 23 A. The specific question raised about the three 24 Aroclor products is whether they were carcinogenic. The 25 phrase "does not appear carcinogenic" would be a direct - 74 CONCANNON & JAEGER WATER PCB-00051911 COMPUTER AIDED TRANSCRIPTION 1 <que&>iretf'to that question which had arisen in the interim 2 and that preference then would be to address the specific 3 question as directly as possible* 4 Q. And as far as Monsanto was concerned relative 5 to the reporting of test results on its products, it was 6 certainly preferable to Monsanto that tests indicate that 7 the product did not appear to be carcinogenic as opposed to 8 a test report that indicated it was slightly tumorigenic; 9 is that fair to say? 10 A* I would amend it to say that we had a specific 11 question we were trying to address, and to make the answer 12 as precise as possible to the question. To that extent, 13 yes, it was to Monsanto's advantage to have the statement 14 "it does not appear carcinogenic." 15 Q. Certainly would have drawn less regulatory 16 attention to Monsanto's product if the conclusion of the 17 testers was that it did not appear to be carcinogenic 18 versus a conclusion that the material was slightly 19 tumorgenic; is that fair to say? 20 MR. BAUERi Objection. Lack of foundation. 21 Namely, what other people might read between the two 22 phrases, but you can answer. 23 Q. (By Mr. Bradley) You certainly thought that 24 was true, didn't you, Dr. Levinskas, that the regulatory 25 agencies would pay less attention, regulatory attention, to - 75 - CONCANNON & JAEGER WATER PCB-00051912 COMPUTER AIDED TRANSCRIPTION 1 Monsanto's product if the tester concluded that the 2 material did not appear to be carcinogenic versus a 3 conclusion that it was slightly tuinorgenic? 4 A* No. I would stick by my earlier comment. 5 There was a specific question on the table* and that a more 6 specific* precise answer would be It was not carcinogenic. 7 With respect to conclusions that others may draw* we're 8 talking about wording in a summary which was going to be 9 superimposed on tabular data and anyone who would take a 10 regulatory action based on somebody else's summary without 11 examining underlying data* I would have serious doubts 12 about the reliability or the validity of such decisions. 13 Q. Up until the latter part of the '70s* wasn't 14 it common to report only summary reports to the Government 15 as part of the reporting responsibilities regarding 16 chemicals* as opposed to providing raw data to the 17 Government? 18 MR. BAUERt Objection. Lack of foundation. 19 A. I think we need some semantic distinctions 20 here. The raw data or underlying data* which is the basis 21 from which the reports are written* is one thing. A 22 technical laboratory report contains information which is 23 collected in a variety of forms as the so-called raw data. 24 So it's the data -- There is data in the report, when we 25 talk of validation* we talk about reassuring ourselves that - 76 CONCANNON & JAEGER WATER PCB-00051913 COMPUTER AIDED TRANSCRIPTION record6 exist from which that numerical or tabular data in the report existed. Now, a report may have a summary which highlights, or picks out or tries to summarize in a brief 4 fashion the report. I'm not aware that I have ever sent, 5 or that Monsanto has ever sent merely a summary to an 6 agency, with or without a request for regulatory action, 7 without attaching the report. And so there is a summary 6 which would be accompanied by tabular data and anyone could 9 read the report, look at the tabular data and they could 10 choose between the words. In my professional judgement, 11 since we are talking about carsiAog^rtSm, to make the answer 12 as specific as possible and since they presented me with 13 two versions, they had presented two versions of similar 14 findings, I opted to pick the one that I thought was most 15 specific in response to the question on the table. 16 MR. BRADLEYt I move to strike the answer as 17 nonresponsive. would you read the question back to me, 18 please? 19 (Whereupon, the reporter propounded the previous question.) 20 MR. BAUERt Have you answered that question to 21 the best of your ability? 22 MR. BRADLEYt No. It's not your question. 23 Q. (By Mr. Bradley) My question to you is prior 24 to the late '70s, did the regulatory agencies of the United 25 States Government only require summary reports to be - 77 CONCANNON & JAEGER WATER PCB-00051914 COMPUTER AIDED TRANSCRIPTION 1 submitted to them regarding Monsanto products? 2 MR. BAUER: Objection. 3 MR* BRADLEYt If you know. 4 MR. BAUERs Objection* Lacks foundation and 5 it's asked and answered. 6 A. I guess -- First off* I do not know what was 7 customary with the agencies. I have indicated when I sent 8 information to an agency* it was a report which contained a 9 summary and 1 was attempting to define three types of 10 information! one is a summary* or a brief statement which 11 talks - summarizes in the ordinary sense of the word; a 12 second one is a technical report which contains details of 13 how the data were developed and presents the actual data; 14 and then the so-called backup data* or raw data* which is 15 the information in the form in which it's collected during 16 the study* which is condensed and formatted to present in 17 the report* So I don't know what the agency's customary 18 practice was. Z can only attest to the fact that when I 19 sent information* it was a summary and the report. The 20 report* in turn* contained details on what was done* what 21 was found and our judgement as to the conclusions which can 22 be drawn from the information. 23 Q. Did the reports -- Did you submit reports to 24 Federal regulatory agencies in the 1970s regarding PCBs? 25 A. I did not but Monsanto did. - 78 - CONCANNON & JAEGER WATER PCB-00051915 COMPUTER AIDED TRANSCRIPTION 1 Q. Okay* Did those reports contain summaries? 2 A. There was a summary of a report, as X recall, 3 in each report sent in, yes. 4 Q. Did the report also contain the raw data that 5 was collected during the testing? 6 A. I guess we go back to semantics. We're 7 talking raw data. The worksheets on which the records and 8 the data were notated, the answer is no, I'm not aware of 9 anybody that was sending such information to anybody at 10 that time. 11 Q. Okay. 12 A. That raw data, however, had been transcribed 13 into tabular form and that tabular data did appear in the 14 report. 15 Q. And who transcribed the raw data into tabular 16 form? 17 A. The people conducting the study. 18 Q. And was it reviewed by Monsanto before 19 Monsanto submitted reports to Federal regulatory agencies? 20 A. I have Indicated more than once that we would 21 not look at the raw data. I'm not aware of anybody that 22 looked at raw data from studies done on their behalf by 23 others. 24 Q. Did Monsanto request that IBT submit draft 25 reports of tests of Monsanto products to Monsanto before - 79 CONCANNON i JAEGER WATER PCB-00051916 COMPUTER AIDED TRANSCRIPTION submitting or before preparing final reports? MR. BAUERi Objection. Asked and answered. 3 A. Again, I don't know what Monsanto's practice 4 was. It was my practice, and what I started doing when I 5 came to Monsanto, I indicated that I wanted to see a draft 6 report, yes, from my 7 Q. (By Mr. Bradley) And do you know, as a result B of your July 18, 1975 letter to Dr. Calandra suggesting a 9 change in the conclusions, whether IBT, in fact, made those 10 changes? 11 A. I don't think the conclusions were changed. I 12 think the phrasing of the report was changed, yes. 13 Q, All right. You don't think it's a change -- 14 well, look for a moment at the second paragraph of 15 Plaintiff's Exhibit 352. In fact, the sentence asked, or 16 indicates that a conclusion of slightly tumorigenic was 17 changed to "Does not appear to be carcinogenic." Isn't 18 that what it indicates? 19 A. I'm talking in that section about the two sets 20 of reports that IBT had prepared. As I compared one to the 21 other, they had made changes. In some instances, it's 22 "slightly tumorogenic." Subsequently, they changed that 23 slightly tumorogenic phrase to "does not appear 24 carcinogenic" in two instances, not in a third, and I said 25 "If you had a justification to make the change from one to - 80 - CONCANNON & JAEGER WATER PCB-00051917 COMPUTER AIDED TRANSCRIPTION the other in two instances, since the results were very similar and comparable in all three studies, you ought to be consistent and make a change in all three instances." Q. A chance in the conclusion? A. In the wording of the conclusion. 6 Q. Pine, And is it your testimony here, today, 7 that the change in the wording of the conclusion did not 8 alter the conclusion? 9 A. That's correct. 10 Q. And then why would you suggest a change in the 11 wording, Doctor, if it didn't change the conclusion? 12 MR. BAUERt Objection. Asked and answered. 13 He already explained why. Go ahead and explain it again. 14 A. I said I think since the specific question on 15 the table is whether the compound or materials, substances, 16 are carcinogenic, that's a more specific answer to it. 17 Tumorigenic includes abnormal growths which may or may not 18 be carcinogenic and is, therefore, much less specific with 19 respect to the question we were trying to address. 20 Q. (By Mr. Bradley) All right. Did Monsanto 21 suggest any other changes in the wordings of conclusions 22 regarding IBT tests and reports on PCBs, other than what's 23 indicated in Plaintiff's Exhibit 352? 24 A. I can't recall. We may or may not have. I do 25 not recall. - 81 CONCANNON & JAEGER WATER PCB-00051918 COMPUTER AIDED TRANSCRIPTION 1 Q Now, I'm going to show you Plaintiff's Exhibit 2 354, which is an August 4th, 1975 letter from Dr. Calandra, 3 president of IBT, to you and ask you to review that for me, 4 please. 5 MR. MORGANi Do you have ft copy, Ralph? 6 MR. BRADLEYt Mot with me, but we've given you 7 all of them before. I'm sure of that. 8 Q. (By Mr. Bradley) Have you completed your 9 review of that Exhibit? 10 A. Yes. 11 Q. Is that a letter to you by, from Dr. Calandra 12 in part responding to your July 18th, 1975 letter which is 13 Plaintiff's Exhibit 352? 14 A. This is basically a non-letterhead piece of 15 paper which opens up, dated after my July 18th letter, 16 dated August 4, has my name as manager and is signed, or 17 has typed but no signature, *J,C. Calandra.* I presume 18 it's a copy of a letter that was sent to me. 19 0. All right. And does it address, in part, the 20 July 18, 1975 letter that you had sent to Dr. Calandra, 21 which is Plaintiff's Exhibit 352? 22 A. Yes. 23 Q. And did you, in fact, receive that letter from 24 Dr. Calandra? 25 A. The best of my recollection, I did. - 82 CONCANNON 6 JAEGER WATER PCB-00051919 COMPUTER AIDED TRANSCRIPTION Q. And except for any conceivably missing letterhead on it, is it a true and accurate copy of the letter that you received from Dr. Calandra? 4 MR. BAUERt Objection. It's not signed and 5 presumably a copy that was sent would be signed. 6 MR. BRADLEYi Let me rephrase it. 7 Q. (By Mr. Bradley) is the text contained in 8 that Exhibit a true and accurate copy of the text of the 9 letter that was sent to you by Dr. Calandra on August 4th, 10 19757 11 A. I would say that the text, as I recall it in 12 general, is responsive to my earlier letter. Whether it's 13 true and accurate in every detail, 1 could not say. 14 Q. Does it appear in any way to be inaccurate to 15 you? To be something other than the letter that Dr. 16 Calandra sent to you on August 4th, 1975? 17 A. I think I indicated that the text, the 18 content, is responsive to my letter, my earlier letter, but 19 whether this is an actual, true copy, I cannot say. I 20 can't say for every detail. 21 MR. BAUERt Can we go off the record a second? 22 (Whereupon, the reporter marked Plaintiff's Deposition 23 Exhibit 354-A, for identification.) 24 Q. (By Mr. Bradley) Dr. Levinskas, you now have 25 before you Exhibit 354-A, which was provided to me by your - 83 CONCANNON i JAEGER WATER PCB-00051920 COMPUTER AIDED TRANSCRIPTION 1 attorney. Does that appear to be a true and accurate copy 2 of the August 4, 1975 letter you received from Dr. 3 Calandra? 4 A* it does appear to be so. 5 Q. And under item number one# Dr. Calandra 6 indicated to you that IBT will amend Its statement as you 7 requested# so that the last paragraph on page two of the e Aroclor 1254 report would read# "Does not appear to be 9 carcinogenic" in place of "slightly tumorgenic." Is that 10 cor rect? n A. That's correct. 12 Q. Now# under item one of 354-A# Dr. Calandra is 13 not indicating that he will amend a statement in a summary, 14 but he indicates that he's amending a statement in the last 15 paragraph on page two of the Aroclor 1254 report. Do you 16 know whether# as a result of your letter which is 17 Plaintiff's Exhibit 352# a change was made in the actual 18 report# as opposed to the summary report? 19 A. My recollection is that when he says "...in 20 the last paragraph on page two..." that's the second page 21 of the summary of that report# and as near as I can recall 22 at this time# that's where the change was made# was in the 23 summary on top of the data in the report. 24 Q. And do you know whether the report# itself, 25 had conclusions that mirrored the conclusions in the - 84 CONCANNON (. JAEGER WATER PCB-00051921 COMPUTER AIDED TRANSCRIPTION 1 summary regarding whether an item did not appear to be 2 carcinogenic or that it appeared to be slightly turaorgenic? 3 A. I'm sorry. I don't think the question is 4 clear to me. 5 Q. Well, my question is, did the report that was 6 issued on Aroclor 1254 contain the same - conclusions that 7 were listed in the summary report about whether Aroclor 8 1254 does not appear to be carcinogenic or that Aroclor 9 1254 appears to be slightly tumorgenic? 10 MR. BAUERi Objection. Vague. 11 MR. BRADLEYt Still don't understand my 12 question? 13 THE WITNESS) Can I have the question back? 14 Maybe I'm -- 15 MR. BRADLEY) Let me try it again. I'll try 16 to make it simpler. 17 THE WITNESS I guess -- Let me have the 18 question. 19 Q. (By Mr. Bradley) It's my understanding of 20 summary reports that they report the conclusions that are 21 reached in reports, and no matter what my understanding is, 22 my question to you is did the Aroclor 1254 report contain 23 the same conclusions regarding Aroclor 1254s 24 carcinogenicity that was contained in the summary? 25 A. I'm having semantic difficulty here. Nothing - 85 CONCANNON 6 JAEGER WATER PCB-00051922 COMPUTER AIDED TRANSCRIPTION 1 in either of these memos is -- Let's forget the original 2 two-year feeding study reports because they are not, 3 essentially not a part of this discussion. So nothing has 4 been changed in those two-year reports. These, as I've 5 indicated, these three reports were based on extension of 6 the work which had been done earlier and reported in those 7 two-year studies. This was a summary. This was a 8 tabulation of all of the liver section observations that 9 were made. Now, we're talking about a report which 10 essentially says we went back and looked at a whole bunch 11 of liver sections and here's what we saw, and the summary 12 then summarizes what's in the reports. You talk summary 13 report. I don't -- A summary is a part of a report. I 14 don't think of a summary report, aB such. I think that's 15 the difference. 16 Q. Well, relative to Exhibit 354-A, did you 17 submit a report to any Federal regulatory agency that 18 contained the changes that are referenced in 354-A? 19 A. The changes were sent to an agency, but the 20 summary is part of a report. The summary, and the report 21 to which the summary referred, and the information with 22 respect to specific liver descriptions were sent as a 23 package to the agency. 24 Q. And my question to you is, did the report 25 regarding the carcinogenicity of Aroclor 1254 that's - 86 CONCANNON & JAEGER WATER PCB-00051923 COMPUTER AIDED TRANSCRIPTION 1 referenced in Exhibit 354-A contain the name language, the 2 same wording, in the conclusions as the language that 3 appeared in the summary report which you've indicated was 4 changed as indicated in Exhibit 354A7 5 MR. BAUERt Object to the form. 6 A. I guess I'm 7 MR. BRADLEYt Let me ask it this way. 8 0. (By Mr. Bradley) There's a summary -- You 9 sent a summary report and a report relative to Aroclor 1254 10 to a Federal regulatory agency? 11 A. No. No. I think that's where the difference 12 comes in. 13 Q All right. 14 A. Or the confusion. When you say we sent a 15 summary report, I'm not aware, or cognizant that Monsanto 16 sent a summary report, we sent a document which we call a 17 report. As part of that document, the same way there is an 18 introduction, a method, a conclusion, there is another part 19 of that report which is entitled summary, 20 Q. Okay. 21 A. So the summary is a part of the report and 22 there is no such thing, that I'm aware of, that I'd call a 23 summary report. 24 Q. All right. Thank you for explaining that. 25 A. I think that's part of the difficulty, or my - 87 CONCANNON & JAEGER WATER PCB-00051924 COMPUTER AIDED TRANSCRIPTION 1 difficulty in trying to grasp the question* 2 Q. Then relative to the report that was sent on 3 Aroclor 1254 that had a summary with it and as part of it, 4 you've indicated that the summary conclusions were changed 5 in accordance with Exhibit 352 and 354-A; i6 that correct? 6 A. That's correct, 7 Q. In addition, in the body of the report were 8 there conclusions that mirrored the conclusions that were 9 in portions of the report called Summary? 10 A. I have not looked at the records in some time 11 and I cannot answer that question. I do know that the 12 statements and the word changings were from the summary of 13 the report, the text of the report. The data contained in 14 the report were not -- No discussion was had about any 15 changes in that, in those portions of the record. 16 MR. BRADLEYi Would you read the answer back, 17 please? 18 (Whereupon, the reporter propounded the previous answer.) 19 Q. was there a conclusions section to the report 20 on Aroclor 1254? 21 A. If we're talking about the reports, the 22 subjects of Exhibit 352 and 354, I do not recall. As I 23 indicated, I do not recall the body, the content, in terms 24 of specific wording of the body of the report or the 25 tabular data in the report. I was looking at, comparing - 88 CONCANNON & JAEGER WATER PCB-00051925 COMPUTER AIDED TRANSCRIPTION 1 the three summaries attached to each of these reports and 2 that's where my - so I don't know what was said in the body 3 of the report, and I certainly did not ask for any changes 4 in that, 5 Q. Let me ask it this way, Dr, Levinskas. if the 6 summary section of the report indicated.that 1254 does not 7 appear to be carcinogenic, you'd certainly expect that same 8 language to be used in the body of the report, if there 9 were a conclusions section, is that true? 10 MR. BAUERi Object to the form. Calls for 11 speculation, 12 THE WITNESS: If you're asking in my 13 judgement, or what I would do? 14 MR. BRADLEY: I'm asking you what you would 15 expect. 16 MR. BAUER: Same objections. 17 A. I would expect people to do what I would do, IS obviously. 19 MR. BRADLEY: All right. 20 A. I think a summary is not a verbatim recitation 21 of what's in the report. That's the purpose of the report. 22 The summary is to provide a condensation, an easily 23 readable condensation, of what's in the report. 24 Q. (By Mr. Bradley) Dr. Levinskas, you have 25 never, ever, in ycur life, I would imagine, read a report - 89 CONCANNON & JAEGER WATER PCB-00051926 COMPUTER AIDED TRANSCRIPTION 1 that had a conclusion section that indicated a product was 2 slightly tumorgenic and had a summary that indicated only 3 that the material did not appear to be carcinogenic? 4 That's never happened to you in all of your working as a 5 toxicologist, has it? 6 A. I could not answer that question because over 7 the years, I have read many reports. I mean, I would not 8 see anything inconsistent. I might have well written 9 something like that myself at that time* 10 C* All right. 11 A. Not in those words but something analogous to 12 it. 13 Q. All right. Fair enough. Do you know if there 14 was ever a problem with the survivability of the rodents on 15 any of Monsanto's Aroclor studies conducted by IBT? 16 A. Many years later, I had some questions about 17 the survivability, yes. 18 0. And when did you first have some concerns 19 about the survivability? 20 A. I indicated we became aware of it. I don't 21 think I expressed concerns. 22 Q. When did you become aware of it? 23 A. Probably about the time I was reviewing the 24 three two-year studies for the report that I made reference 25 to earlier. '80, '81. - 90 CONCANNON 6 JAEGER WATER PCB-00051927 COMPUTER AIDED TRANSCRIPTION 1 Q. I take it, then, you had no concerns about the 2 survivability? 3 A. I had no basis for being concerned and I was 4 not necessarily concerned* That's your term. 5 Q, Did you ever have concerns that any of the raw 6 data with regard to any of Monsanto's Aroclor studies were 7 falsified or fabricated? 8 A. I have no basis for expressing concern in that 9 respect. 10 Q. Did you ever become aware that the raw data 11 with regard to Monsanto's Aroclor studies were either 12 falsified or fabricated? 13 A. I have no indication that they were falsified 14 cr fabricated. 15 Q. Did you ever review the necrose -- Did you 16 ever review any necrosis logs regarding studies of PCBs 17 conducted by IBT? 18 A. I cannot specifically recall whether those 19 were among records I reviewed when I did the three two-year 20 study reviews or not* I do not recall at this time what 21 records, specifically which records were available. 22 Q. What is a necrosis log? 23 A. I don't know what they mean by necrosis, or 24 whether it's a necropsy log. It would be a record of 25 animals that came to autopsy, necropsy. - 91 CONCANNON fc JAEGER WATER PCB-00051928 COMPUTER AIDED TRANSCRIPTION 1 Q. Is that a piece of information that a contract 2 laboratory would* you would expect them to maintain as part 3 of their files regarding the studies that they undertake? 4 A. I think it's a variable practice. Some might 5 copy a separate necropsy log* some might put the necropsy 6 notations on the sheet* the records for the individuals 7 animals. I think there are different ways of doing it. 6 0. But in any event* you'd expect there to be 9 necropsy results in somebody's file in a contract lab 10 performing the study? 11 A. There should be indication* yes. 12 Q. And you don't recall - -- Do you recall -- 13 Let me ask this question. Do you recall every viewing a 14 document entitled Histopathologic -- Excuse me. 15 Histopathogistic Sheet regarding PCBs tested at IBT? 16 A. I have looked at endless pages of IBT 17 documents. I cannot recall specifically which ones I 18 looked at. 19 Q. Do you know whether the necropsy information 20 regarding any of the PCB tests done at IBT showed that as 21 much as seventy percent of the test animals did not survive 22 the test? 23 A. I have no indication. 24 MR. BAUBRi Objection to the form of the 25 question. - 92 CONCANNON 6 JAEGER WATER PCB-00051929 COMPUTER AIDED TRANSCRIPTION 1 A. I have no indication that there was seventy 2 percent nonsurvivors. 3 Q. (By Mr, Bradley) Do you have any information 4 that there were greater than fifty percent nonsurvivors for 5 any of the IBT PCB tests? 6 A. I'm not aware of such information. 7 Q. Did you seek out that information? 8 A. I have indicated that I requested information 9 for the review I was doing. I do not know at this time, do 10 not recall, what other PCB information, or what other 11 studies or what we may have requested of IBT. 12 Q. You and I spoke earlier this morning about the 13 acronym TBD. Why don't you now tell us what you believe 14 that acronym means? 15 A. My recollection is it means Too Badly 16 Decomposed. 17 Q. What did that mean to you. Dr. Levinskas, when 18 you saw that acronym on whatever documents you reviewed 19 regarding IBT's testing of PCBs? 20 A. I can make a generalization on that statement, 21 first, which I think -- 22 MR. BRADLEYi Actually, what I want you to do 23 is answer my question. If you're about to answer my 24 question, that's fine, 25 A. It would mean the same on a PCB study or any - 93 CONCANNON & JAEGER WATER PCB-00051930 COMPOTER AIDED TRANSCRIPTION 1 other study. 2 Q. (By Mr. Bradley) Which is what? 3 A. Animals have their own attitudes about dying 4 quick. Frequently, they will die on a long weekend or 5 overnight, and when they're noticed the following morning 6 by an attendant, they may be too badly decomposed for a 7 meaningful autopsy. It happens on many studies in many 8 laboratories. 9 Q. And if you saw an indication that, let's say 10 up to fifty percent of the test animals relative to any 11 particular product had TBD written next to some form of 12 necropsy results, would that suggest anything to you. Dr. 13 Levinskas? 14 MR. BAUERt Object to the form of the 15 question. 16 A. If I saw a notation like TBD on anything 17 approaching fifty percent of a study, I would waste no more 18 time looking at that study. 19 Q. (By Mr. Bradley) And why is that? 20 A. Because I don't think there's enough 21 meaningful information left to draw any conclusions. 22 Q. Do you know whether -- Have you ever heard of 23 a gentleman by the name of Phillip S. Smith. 24 A. I can't say it rings a bell. Smith is a 25 common name and I don't specifically recall a Phillip - 94 CONCANNON & JAEGER WATER PCB-00051931 COMPUTER AIDED TRANSCRIPTION Smith. Q. Do you recall a person named Phillip S. Smith 3 who worked at IBT Laboratory between 1971 and 1977, or 4 thereabouts? 5 A. I may have met him at IBT but I don't recall 6 that I had any particular association or frequent contact 7 with him. 8 Q. Have you ever read anything or heard anything 9 that would indicate to you that doctor - or excuse me, Mr. 10 Smith reported that approximately seventy percent or more 11 of the animals that died during the Monsanto Aroclor study 12 were reported in the histopath log sheet as too badly 13 decomposed? 14 MR. BAUERt Object to the form of the 15 question. 16 A. I think I've indicated that I have no 17 indication that that sort of thing happened. If I saw 18 notations, as I indicated earlier, as much as approaching 19 fifty percent, I would not waste my time looking further in 20 that study, 21 Q. (By Mr. Bradley) In your review of the 22 Aroclor studies -- Aroclor is another word for PCB; is 23 that correct? 24 A. That's correct. 25 Q. In your review of the Aroclor studies in - 95 CONCANNON 6 JAEGER WATER PCB-00051932 COMPUTER AIDED TRANSCRIPTION 1 *80/*81, Doctor, did you make any effort to determine the 2 survivability of the animals that were part of those 3 studies? 4 A* I can't recall specific steps that I took but 5 yes, I did make an effort to see what number of animals had 6 been started and how many came to the term of the study. 7 0* And as you sit here today, can you tell us 8 what you learned about the survivability rate of the 9 animals that were part of your `SO/'Sl review? 10 A. I could not give you anything in terms of 11 specific numbers without looking at the reports. My 12 recollection is that I tried to footnote in several tables, 13 and I did, which animals I indicated had been on test less 14 than two years, those for which 1 could not have a liver 15 section or something. So I would indicate the extent of 16 the available data and the gaps or holes that existed in 17 the data from the records Z had to work with. 18 Q. In addition to your visiting the IBT labs, do 19 you know whether Dr. Runt visited those labs? 20 A. My recollection is that he went up there about 21 once a month in the time that I was with, both he and I 22 were at Monsanto. f) / / ? 23 Q, And do you know whether Dr. Sharpn visited the 24 IBT labs? 25 A. CONCANNON fc JAEGER WATER PCB-00051933 COMPUTER AIDED TRANSCRIPTION 1 our, at that tine, I think detergent phosphates division. 2 He was not in my group. I met him somewhat after I came to 3 Monsanto. I would have no knowledge of hie visits to IBT. 4 I have no knowledge. 5 Q. How about Dr. Elmer Wheeler? Do you know 6 whether he ever visited the IBT labs? 7 A. Elmer Wheeler, as I indicated earlier, was my 8 immediate supervisor when I first came to Monsanto and yes, 9 he was there with me perhaps one or two times I went and 10 I'm sure he was there on other occasions. 11 Q. Did any of those people that I've indicated to 12 you ever express any concerns to you regarding the 13 conditions at the IBT labs? 14 A. No. 15 0. Did any of them ever comment to you regarding 16 the smell in the rooms? 17 A. No. 18 Q. Did anyone ever comment to you any concern 19 regarding the cleanliness of the rooms? 20 A. No. 21 Q. Do you know whether your request to review 22 draft reports from IBT resulted in your receiving special 23 treatment, different from other customers of IBT? 24 A. I have noknowledge. 25 Q Did you provide testimony in the, in any - 91 CONCANNON 6 JAEGER WATER PCB-00051934 COMPUTER AIDED TRANSCRIPTION 1 proceeding that you validated the IBT Aroclor studies and 2 found them to be proper and valid? 3 MR. BAUER: Object to the form of the 4 question. 5 A. First, I think I've indicated, I have never 6 testified with respect to the IBT studies. I don't think I 7 called them proper and valid. I said I felt they were 8 adequate and they contained useful information. 9 Q. (By Mr. Bradley) Did you ever provide 10 testimony regarding the IBT Aroclor studies? 11 A. No. Not that I recall having testified. I 12 don't recall having testified on the Aroclor IBT studies. 13 Q. And did you write a report validating the IBT 14 Aroclor studies? 15 A. I wrote a report summarizing the IBT Aroclor 16 studies. Prior to writing that report, as I have indicated 17 earlier, I attempted to reassure myself, based on the 18 limited records available, that rats had been placed on 19 study, that they had been fed diets containing Aroclor, 20 that they had spent reasonable approximations of time on 21 the study and that there were records describing the 22 observed liver pathology. 23 Q. In the work that you did in '80 and '81, was 24 your attempt to either validate or invalidate the IBT 25 Aroclor studies, is that what you were doing? - 98 CONCANNON & JAEGER WATER PCB-00051935 COMPUTER AIDED TRANSCRIPTION 1 A. That was not a printary purpose* no* Not even 2 a secondary purpose. That was not the purpose 3 Q. And you view your work that you did in '80/'81 4 as having validated the IBT Aroclor study? 5 A. No. I never claimed to validate the IBT 6 studies. I was writing a review article* trying to review 7 all available information on the carcinogenicity of PCBs. 8 Monsanto had three rather lengthy reports* two year rat 9 feeding studies on three different Aroclor products. We 10 had the subsequent additional liver sections which had been 11 reviewed by various people. There was no -- It was 12 information that I wanted to look at to see whether it 13 might be useful or meaningful. So to have a convenient 14 means of referring to it without the numerous documents 15 involved* I wrote essentially a summary of liver effects of 16 those three PCB studies. Prior to writing that summary 17 that I could reference then I wanted 18 to have some assurance that if 1 were going to quote those 19 data* that there was some reliability to them. So I 20 undertook a limited verification of the data. Not what I 21 would consider a validation of all aspects of the study. 22 Primarily because we did not have adequate records to go 23 through every facet that would constitute what I term a 24 validation such as we were doing for regulatory agencies. 25 Q. What records were you missing that were 99 - CONCANNON & JAEGER WATER PCB-00051936 COMPUTER AIDED TRANSCRIPTION 1 necessary for you to have conducted an adequate validation 2 of those IDT studies? 3 A. At this stage* I can't recall. 4 Q. And as part of your limited verification* did 5 you conduct any investigation as to the housing of the 6 rodents that were part of those studies? 7 A, The answer would be no, because IBT was no 6 longer an existing laboratory. All I could do is work with 9 the paper trail, the documentation I had available. 10 0. Dr. Levinskas, couldn't you have called up 11 some of the former employees and simply asked them about 12 those conditions? 13 A. Insofar as possible, I called former employees 14 and asked them if they knew of records, or where we might 15 find them. Nov, if you're going to raise questions about 16 the credibility or reliability or validity of things that 17 IBT people were doing, then I don't see that asking them 18 for their opinions is really helping me any. Unless I have 19 documentation that I can rely on, I don't think that verbal 20 responses are useful in a situation such as this. 21 Q. Do you contact -- Or excuse me. Did you make 22 any investigation regarding the feeding of the rodents as 23 part of your limited verification of the IBT PCB studies? 24 A. I think I tried to summarize in the report the 25 extent of the records I looked at, and I, without having - 100 CONCANNON & JAEGER WATER PCB-00051937 COMPUTER AIDED TRANSCRIPTION refreshed my memory and looked at that, I believe there were records indicating that diets had been prepared, and 3 the records of concentrations, and X had records of food 4 consumption by these animals. That's my general 5 recollection, but X have not looked at the material that 6 was involved, but I did make a reference to the nature and 7 scope of material that I was relying on. 8 Q. As far as you know, does Monsanto Company 9 still have the file that it obtained, or you obtained, when 10 you conducted your limited verification of the IDT PCQ 11 studies in *80 or *817 12 A. Shortly after the questions on IBT began, we 13 formed a Quality Assurance Unit. They are the custodians. 14 They were the primary interface for getting information 15 from IBT, and they are still functioning today because 16 under today's criteria, particularly good laboratory 17 practice we are now doing, everybody is doing much more 18 extensive checking of laboratories. Whether or not such 19 records exist, one would have to check with the Quality 20 Assurance Division. I do not have any knowledge of it, nor 21 do I have copies of those records in my possession. 22 Q. As part of your limited verification in '80 -- 23 well, let me start all over again. Are you aware that any 24 IBT employee, former IBT employee, has claimed under oath 25 in court proceedings that the raw data for the IBT PCB - 101 CONCANNON 6 JAEGER WATER PCB-00051938 COMPUTER AIDED TRANSCRIPTION 1 studies were sent to Monsanto? 2 MR. BAUERt Object to the form of the 3 question. 4 A. Weilf I know we obtained some data we have 5 been talking about# that I used in an attempt to check on 6 the IBT two-year rat feeding studies. Now# that statement 7 is not inconsistent with It# but I have no knowledge of the 8 statement# I have no knowledge of who made it# nor do I 9 have any idea when it was made or even whether it relates 10 to the information that we obtained from IBT. 11 Q. And have you ever received any information 12 that a former IBT employee indicated that raw data was sent 13 to Monsanto showing that seventy percent of the rats in at 14 least one IBT PCB study did not survive# that they received 15 the TBD acronym? 16 MR. BAUERt Object to the form of the 17 question. 18 A. I'm not aware of that statement or that 19 Monsanto received such information. 20 Q. I'm going to now show you Plaintiff's Exhibit 21 715 and ask you to review that for me# please. 22 A. Okay. Yes. This appears to be a copy of the 23 report that I prepared in 1981 after reviewing the three 24 Aroclor studies. 25 0. Does that appear the be a true and accurate - 102 CONCANNON & JAEGER WATER PCB-00051939 COMPUTER AIDED TRANSCRIPTION 1 copy that you prepared? 2 A. Yes. 3 Q. Is this a report that you prepared on or about 4 the time you completed your studies? 5 A. Yes, 6 Q. Was it your practice the maintain that kind of 7 information as part of your work at Monsanto? 8 A, When yousay -- 9 Q. The report. Maintain it in a file? 10 A. It would have been in the medical department 11 file. I would not have kept a copy* 12 Q. And did Monsanto maintain that report as part 13 of its regularly conducted businessr as far as you know? 14 A. I do notknow what they did. 15 Q. But -- 16 A. It was available, I just don't know what use 17 was made of it but it was available, yes. 18 Q. All right. I'm now going to show you 19 Plaintiff's Exhibit 704 and ask you to review that 20 document. 21 A. This, Plaintiff's Exhibit 704, is a copy of 22 the report that I put together reviewing the available 23 carcinogenic studies in rodents on PCBs. 24 Q. And is it a true and accurate copy of the 25 report you prepared? - 103 CONCANNON & JAEGER WATER PCB-00051940 COMPUTER AIDED TRANSCRIPTION 1 A. I presume it i6. 2 Q. And did you prepare the report at or about the 3 time you completed your review? 4 A* It was for this report that I did the 1BT 5 studies. 6 Q. You prepared Plaintiff's Exhibit 704 at or 7 about the time that you gathered the information that's 8 contained in that? 9 A, Yes. Somewhat after I gathered the 10 information. 11 Q. And did you maintain --- Excuse me. Did the 12 medical department maintain a copy of this in its files? 13 A, Yes. 14 Q. And it was the regular practice of Monsanto to 15 maintain these kinds of reviews in the medical department 16 files; isn't that true? 17 A. We would have kept a copy in the medical 18 department files because it originated in the medical 19 department. 20 Q. All right. 21 A. Its availability would be made known to others 22 in the company. 23 Q. All right. Now, I'm going to show you 24 Plaintiff's Exhibit 664 and ask you to review that. 25 MR. BAUER * What*8 the number? - 104 CONCANNON & JAEGER WATER PCB-00051941 COMPUTER AIDED TRANSCRIPTION MR. BRADLEY t 664. A. This appears to be a report p^epar^ed by Dr. 3 Parvis Pour, who, at that time was at the jpaYinstitute for 4 Cancer Research in Omaha, Nebraska. Had been retained by 5 Monsanto at th^ suggestion of a renowned cancer researcher, 6 Dr. Phillip SpbtrBeck, to review all of the liver elides 7 from Monsanto's three studies on Aroclors and a study done 8 on female rats by Dr. Kimbrough from the Centers for 9 Disease control. 10 Q. And have you seen that document before today? 11 A. Yes. 12 Q. Does that appear to be a true and accurate 13 copy of the report that that doctor prepared? 14 A. Yes. 15 Q. And is -- Do you know whether that was, that 16 report was prepared on or about the time that the author of 17 it obtained the information that's contained in the report? 18 MR. BAUERi Object to the form of the 19 question. 20 A. The report is based on Dr. Pour's going down 21 to the Centers for Disease Control and looking at the 22 slides that Dr. Kimbrough had prepared from her study. 23 Q. (By Mr.Bradley) All right. 24 A. I presume it was done reasonably close to the 25 time he looked at the slides. I regret to note at this - 105 - CONCANNON & JAEGER WATER PCB-00051942 COMPUTER AIDED TRANSCRIPTION time, it is not dated and I don't recall specifically what time it was, in terms of calendar time, but it probably was 3 in the *75 interval. Somewhat along the time that we're 4 talking about, the time frame of Exhibits 352, 354. 5 Q. And would Monsanto's medical department have 6 maintained a copy of this in its file as part of its 7 regularly conducted business activity? 8 A. Yes. 9 Q. Okay. I'm now going to show you Plaintiff's 10 Exhibit 517 and ask you to review that. 11 A. This appears to be a copy of a document 12 entitled "Polychlorinated Biphenyls, PCDs," and in the 13 lower right-hand corner has the word "Monsanto." It 14 appears to be a copy of a booklet that Monsanto prepared 15 dealing with PCBs in general. 16 Q. Have you seen that document before today's 17 date? 18 A. Yes. 19 Q. Does that appear to be a true and accurate 20 copy of the document you've reviewed before? 21 A. It appears to be. 22 MR. MORGANS What's the number? 23 Q. (By Mr. Bradley) Do you know why that 24 document was prepared? 25 A. No. - 106 CONCANNON & JAEGER WATER PCB-00051943 COMPUTER AIDED TRANSCRIPTION 0. Do you know roughly when it was prepared? 2 A. No. 3 Q. Do you know if it was prepared based upon the 4 state of information that was then available regarding the 5 topic that's discussed in the document? 6 A. I could assume it was on the available 7 information. I don't know when it was prepared, who 8 prepared it or what the rational was for it. 9 Q. And was this document kept within Monsanto's 10 medical department as part of its regularly conducted 11 business? 12 A. After I became aware of a document, we had a 13 copy in the medical department, I can say that. 14 Q. All right. I'm nowgoing to show you 15 Plaintiff's Exhibit 516 and ask you to review that. 16 A. A quick checking would suggest that this. 17 Plaintiff's Exhibit 516, is comparable, if not actually a 18 copy, of the Exhibit 517. 19 Q. All right. Would you now examine Plaintiff's 20 Exhibit 2735 for me. 21 A. I do not recall having seen your Exhibit 2735 22 before. 23 Q. All right. 24 A. If you wish, I will read it but it is rather 25 extensive, but I have -- This is my first knowledge of - 107 CONCANHON & JAEGER WATER PCB-00051944 COMPUTER AIDED TRANSCRIPTION 1 this document, 2 Q. Then I'd ask you to review Plaintiff's Exhibit 3 2794. 4 A. 2794 appears to be a copy of a report prepared 5 by Dr. Parvis Pour - P-a-r-v-i-s, P-o-u-r, Parvis Pour - who, at that time, was at the ^^U^^Institute of Cancer 6 7 and is essentially a parallel report to Plaintiff's Exhibit 8 664. 664 is Dr. Pour's description of his observations on 9 the tissues from Dr. Kimbrough's studiftS on Aroclor 1260. s' 10 Exhibit 2794 is Dr. Pour's review of the liver sections 11 that were the subject of Exhibits 352 and 354, the liver 12 sections in those reports, his review of those sections. 13 Q. Does that appear to be a true and accurate -- 14 Well, have you seen that document before today's date? 15 A. Yes. 16 Q. Does Exhibit 2794 appear to be a true and 17 accurate copy of the document that you reviewed on a prior 18 occasion? 19 A Yes 20 Q. And was thisdocument maintained inMonsanto's 21 medical department files as part of its regularly conducted 22 business? 23 A. Yes. Along with the other documents. 24 Q. I'm now showing youplaintiff's Exhibit 1218 25 and ask you to review that. Have you seen that document - 108 CONCANNON & JAEGER WATER PCB-00051945 COMPUTER AIDED TRANSCRIPTION 1 before today's date? 2 A YG8 f 3 Q. Is that -- What is the document? 4 A* Well, it's several typewritten pages which, 9 5 towards the end is the typed signature of "J.C. Calandra, 6 Ph.D., M.D. and iB dated June 27, *75. 7 Q. Have you seen that document before today's 8 date? 9 A. Ye s. 10 Q. Does it appear to be a true and accurate copy 11 of the document you saw before today's date? 12 A. So far as I can recall on a quick reading, I'd 13 say yes. 14 Q. And do you know whether Dr. Calandra prepared 15 this report on or about the time that he received the 16 information that is contained in the report? 17 A. I don't know when it was prepared. I would 18 have no knowledge. 19 Q. All right. Do you recall when it was that you 20 received this report? 21 A. I do not. I'm not sure it was addressed to 22 me. It's not addressed to anyone. 23 Q. Is this a document that was maintained in 24 Monsanto's medical department record as part of Monsanto's 25 regularly conducted business? - 109 CONCANNON & JAEGER WATER PCB-00051946 COMPUTER AIDED TRANSCRIPTION 1 A. I saw copies of it through Monsanto people but 2 I don't know whether it's in the medical department files 3 or not. 4 Q. All right. I'm now going to show you 5 Plaintiff's Exhibit 324 and ask you to review that. Have 6 you finished your review that have document? 7 A. Yes. 8 Q. Have you seen that document before today's 9 date? 10 A. This is a letter addressed to me on 11 Environmental Protection Agency stationery, a Dr. Renate 12 Kimbrough, and yes, I did receive that. 13 Q. Is that Exhibit a true and accurate copy of 14 the letter with its attachment that you received from Dr. 15 Kimbrough? 16 A. Except for the added stamps and numbering on 17 it, it appears to be the original, copy of the original. 18 Q. Did you maintain a copy of that letter and its 19 attachment within the files of Monsanto as part of 20 Monsanto's regularly conducted business? 21 A. Right-hand corner has the pencilled letters 22 "PCBs,* which I would acknowledge is mine, and it is my 23 intent that this be put in the PCB file, I assume it was 24 done so. 25 Q. And does that letter appear to have been - 110 CONCANNON & JAEGER WATER PCB-00051947 COMPUTER AIDED TRANSCRIPTION 1 written at or about the time that Dr. Renate Kimbrough 2 received the attachment to that letter? 3 A. Well, she is sending me a letter, attached to 4 which is a literature report dated 1966* Now, I do not 5 know whether she had this in her files for five years or 6 whether she just got it and sent it to me. I cannot answer 7 that. 8 Q. May I see the Exhibit? Okay. I'm now going 9 to show you Plaintiff's Exhibit 418 and ask you to review 10 that 11 MR. BAUERi Do you have a question? 12 MR. BRADLEYi I'm sorry. 13 Q. (By Mr. Bradley) Have you completed your 14 review of that? 15 A. I've looked at it. 16 Q. Have you seen that document before today's 17 date? 18 A. Not that I recall. 19 Q. All right. 20 A. I might add that it's dated February 16th, 21 1970, which predates my joining Monsanto. I do not recall 22 having Been this before. 23 Q. All right. I'm now going to show you 24 Plaintiff's Exhibit 656 and ask if this is the report that 25 was prepared and referenced in Plaintiff's Exhibit 352 and - Ill CONCANNON & JAEGER WATER PCB-00051948 COMPUTER AIDED TRANSCRIPTION 354-A? 2 MR. MORGAN: What was the number on that? 3 MR. BRADLEY: 656. 4 MR. MORGAN: Thank you. 5 MR. BADER: Object to the form because the 6 Exhibit also has three reports. I take it you're talking 7 about one of the three reports? You said "the report" in 8 your question. 9 MR. BRADLEY: Let me rephrase it then. 10 Q. (By Mr. Bradley) Does plaintiff's 656 have 11 any relevance at all to Plaintiff's Exhibit 354-A? 12 A. It is one of the three reports discussed in 13 Exhibit 352. 14 Q. All right. Is it the report that contains the 15 recommended change that is contained in 352? 16 A. This is one of the reports that IBT made the 17 change, "Does not appear carcinogenic." It is not the 18 report I requested the change. 19 Q. Row can you tell that? 20 A. Because the changes they made were, leaving 21 out the question I had about the numbering system, cover 22 pages on the reports, they had indicated that Aroclors 1242 23 and 1260 had the conclusion "did not appear carcinogenic." 24 Aroclor 1242 and 1260 is where I raised the question that 25 the cover pages may have been interchanged. In any event, - 112 CONCANNON & JAEGER WATER PCB-00051949 COMPUTER AIDED TRANSCRIPTION 1 this is Arocloc 1260. So whether it was correct or 2 interchanged, it was one of the two subjects, the two 3 studies, that they had used the phraseology "Does not 4 appear carcinogenic." Whichever one it was, it was one of 5 those two. 6 MR. BAUERs Mr. Bradley, if you're finished 7 with this document, I need to make a telephone call, one to 8 Mr. Peatherstone, that relates to our 30(b)(6) deposition. 9 MR. BRADLEY: All right. 10 MR. BAUER: I hate to do this but can you guys 11 go while we make the call? 12 MR. BRADLEY: Sure. 13 MR. BAUER: I still need a copy of the notice 14 for me to participate in the call. 15 MR. BRADLEY: Let's see. What did I do with 16 it? 17 (Whereupon, a fifteen minute recess waB taken.) 18 Q. (By Mr. Bradley) Doctor, I've handed you two 19 exhibits. Let's start with Exhibit 673* Have you seen 20 that document before? 21 A. 1 may have. I do not specifically recall at 22 this time, but I may have. 23 Q. You don't recall ever seeing that before? 24 A. I said I may have looked at it. It does not 25 strike me as to when or where, but I assume I may have seen - 113 CONCANNOU fc JAEGER WATER PCB-00051950 COMPUTER AIDED TRANSCRIPTION it. 2 Q. Would you then look at Exhibit 681 foe me, 3 please? Have you seen that document before today? 4 A. I would give the same answer. I probably did 5 in the past. I don't specifically recall. 6 Q. All right. And I'm going the hand you 7 Plaintiff's Exhibit 1137 and ask you to review this 8 document. Have you seen that document before today? 9 A. Exhibit 1137, or a copy of it, yes, I have 10 seen before today. 11 Q. All right. And is that a copy of a -- Well, 12 actually, let's do it this way. Tell me what it is. 13 A. It's a recommendation that Dr. Wright be given 14 an achievement award. 15 Q. And except for the fact information at the 16 very top of that Exhibit, is the Exhibit a true and 17 accurate copy of the document you saw - or excuse me, of 10 the achievement award data sheet for Dr. Paul Wright? 19 A. I think I've said, except for the additional 20 numbers, numbering system, it appears to be a copy of the 21 achievement award that I prepared for Dr. Wright. 22 Q. Is that your signature at the bottom of the 23 Exhibit? 24 A. Yes. 25 Q. May I see the Exhibit for a moment? I'm going - 114 - CONCANNON & JAEGER WATER PCB-00051951 COMPUTER AIDED TRANSCRIPTION 1 to ask you about part of the basis of the award, and in the 2 second paragraph of it, it indicates "Dr. Wright's 3 professional and personal characteristics have contributed 4 significantly to Monsanto's image at EPA. He has shown 5 unusual perseverance and dedication, frequently involving 6 his own time, to review and interpret large volumes of data 7 which he subsequently organised for presentation to EPA 8 officials. Particularly noteworthy were his efforts on 9 polychlorinated biphenyl (Aroclors) and chlorinated 10 isocyanurates (ACL products). In the former instance, his 11 excellent analysis and synthesis of widely scattered 12 observations played a prominent role in forestalling EPA's 13 promulgation of unrealistic regulations to limit discharges 14 of polychlorinated biphenyls," and then it goes further, 15 and I won't read it all. If your attorney wants to read 16 the remainder of it into the record, he'll do so. I read 17 that correctly, didn't I? 18 A. Ve s. 19 Q. And this is dated -- Well, the date's' 20 difficult to read. Can you tell me the date there? 21 A. Mine's dated the 16th of July, 1976. 22 Q. And the award to Dr. Wright was a hundred 23 dollars for the accomplishments that are listed in this 24 particular exhibit? 25 A. I don't recall the amount. - 115 CONCANNON t JAEGER WATER PCB-00051952 COMPUTER AIDED TRANSCRIPTION 1 Q. Would you review it and see if that refreshes 2 your recollection? In the bottom right-hand corner. 3 A. I hate to read that into the record. That is 4 the signature of Dr. RouBh of our medical department and I 5 still cannot decipher the numbers. 6 Q. All right. 7 A. I always have trouble deciphering his 8 handwriting. 9 Q. Are you the person who created the text of 10 1137? 11 A. I believe I did. I certainly had a major hand 12 in it. 13 Q. And in particular; what did this award reward 14 Mr. Wright for regarding his prominent role in forestalling 15 EPA's promulgation of unrealistic regulations to limit 16 discharges of polychlorinated biphenyls? 17 A. As you know, in the legislative process, an 18 agency proposes a regulation or action they wish to take, 19 it's published in the Federal Register; it's open for 20 comment, for people to submit remarks. Information, 21 objections, support, whatever they wish. Over the years, 22 Monsanto had made available information at the request of 23 regulatory agencies, information it had on polychlorinated 24 biphenyls. It had been sent at different times to 25 different parts, or different individuals within agencies, - 116 CONCANNON 6 JAEGER WATER PCB-00051953 COMPUTER AIDED TRANSCRIPTION 1 and EPA was a relatively new agency. Information had been 2 sent to it but no one was quite sure where it was. There 3 was some concern that if the restrictions on PC6 discharges 4 were too great* it would be detrimental to the electric 5 power industry* as well as to the country in general* So 6 Dr. Wright took the effort to pull together information 7 which we had* bundle it up* as it were* and send it to EPA. 6 Now, I don't know exactly what he sent at this time. I 9 don't recall. I dare say there probably was nothing much 10 different, or significantly different from what had already 11 been sent to the agencies, except that it was packaged in 12 one location, so we'd be sure it would get to one set of 13 hands for purposes of this regulation. Many other 14 individuals, companies, I'm sure submitted comments, as 15 well. 16 Q. I'm sorry. Were you finished? 17 A. "...by forestalling'' means that no precipitous 18 action - that he gave the age^^information along with 19 others that the agency could debate so when they came up 20 with a promulgated regulation or rules, they would be on 21 the basis of having considered all available information 22 instead of a somewhat capricious action. 23 Q. And by forestalling regulation, it, in part, 24 enabled Monsanto to maintain 6ome profit with its Aroclor 25 products? - 117 CONCANNON & JAEGER WATER PCB-00051954 COMPUTER AIDED TRANSCRIPTION 1 MR. BAUERi Object to the form of the 2 question, it doesn't say forestalling regulations. It 3 talks about forestalling unrealistic regulations, but you 4 can answer. 5 A. When I say "forestalling." that there was no 6 precipitous action was taken by the agency. 7 MR. BRADLEY: I understand what you mean by 8 "forestalling." 9 Q. (By Mr. Bradley) But the result of Dr. 10 Wright's actions for which he got an award resulted in 11 continued profits for Monsanto relative to their Aroclor 12 products? 13 MR. BAUER: Objection* Lacks foundation. 14 A. 1 guess an objective answer would be that I 15 doubt Dr. Wright's efforts alone resulted in that. There 16 were undoubtedly many people commenting on PCBs. What I 17 was acknowledging was Dr, Wright made an effort on behalf 18 of Monsanto to project - as I have indicated, I said, "At a 19 recent meeting in Creve Coeur, Glenn Schweitzer, head of 20 the Office of Toxic Substances of EPA offered some 21 interesting comments. He observed that Monsanto's 22 toxicologists were held in high regard at EPA." In part, 23 that regard was based on the fact that Schweitzer had 24 visited us at Monsanto several times when he was appointed 25 to that position as head of the Office of Toxic Substances. - 118 CONCANNON & JAEGER WATER PCB-00051955 COMPUTER AIDED TRANSCRIPTION 1 We told him what we were doing, we told him about our 2 efforts to deal with the environmental issues and the types 3 of testing and concerns about the potential of products* 4 We offered to cooperate with him in any way that he felt we 5 could, and that is part of Schweitzer's impression of 6 Monsanto toxicologists* Among the things involved in that 7 was that when he or people from his office had inquiries, 8 even though they may not be Monsanto related products, we 9 made an effort to see if we could provide them with the 10 information they requested* Now, I was involved, other 11 people on my staff were involved and Dr. Wright was 12 involved, and as you read into the report, his professional 13 and personal characteristics, attempts to work with the 14 regulatory agencies, is what gave us regard at the EPA and 15 it's that composite that I was recognizing Paul, for his 16 professionalism, his dedication in the field of toxicology. 17 If there were secondary effects, those were not 18 particularly considered by me and I would regard them as 19 bonuses, if you will, but this was recognition of Paul as 20 an individual. 21 MR. BRADLEYt Would you read my question back? 22 (Whereupon, the reporter propounded the previous question.) 23 MR. BRADLEYt I move to strike the answer as 24 nonresponsive. 25 Q. (By Mr* Bradley) One of the many results of - 119 CONCANNON & JAEGER WATER PCB-00051956 COMPUTER AIDED TRANSCRIPTION 1 Dr. Wright's ability to forestall unrealistic regulations, 2 or regulations, was that Monsanto was still able to sell 3 its Aroclor products; is that correct? 4 A. I do not know that. It nay be, but I have no 5 knowledge. I could nake inferences but I have no knowledge 6 of that. 7 Q. And in the first paragraph of the Exhibit, it 8 indicates that Monsanto's -- Excuse me. "Glenn 9 Schweitzer, head of the office Of Toxic Substances of epa, 10 observed that Monsanto's toxicologists were held in high 11 regard at EPA." Did you -- Was it your understanding that 12 that high regard included Dr. Paul Wright? 13 A. Since all of my staff in toxicology at the 14 time of Schweitzer's visits met with him and they, in one 15 connection or another, virtually all of them had contact 16 with Schweitzer or his office subsequently, I would say it 17 included everybody on my staff and at that time, Paul 18 Wright was on my staff, so yes. 19 Q. And that's the same Paul Wright who was 20 subsequently indicted and convicted of fraud and falsifying 21 information that he generated as part of his work at 22 Industrial BIO-TEST Laboratories? 23 A. That's correct. 24 MR. BRADLEYt Let's go off the record for a 25 moment. - 120 CONCANNON & JAEGER WATER PCB-00051957 COMPUTER AIDED TRANSCRIPTION (Whereupon, a five minute recess was taken.) Q. (By Mr. Bradley) Is it true that you did the review of the Aroclor studies in '80/'81 because the 4 Government required all of ZBT's clients to audit and 5 verify the validity of - excuse me, that it required 6 Monsanto to audit and verify the validity of the Aroclr 7 tests? 8 A. Insofar as I know, we never received a request 9 from any agency to audit or validate PCB studies. 10 Q. And do you know whether the Government 11 required Monsanto to obtain the raw data for the PCB 12 studies conducted at IBT and to resubmit information 13 regarding the subject matter of those tests to the 14 Government? 15 A. The Government was sent some of the sections, 16 the liver microscope slides. I don't know -- It may have 17 been at the Government's request, I don't know exactly* 18 Insofar as I know, we have never received -- And those 19 slides were sent to the Government, the liver slides, as 20 well as possibly other elides of other tissues* As far as 21 I know, we have never had a comment from the Government on 22 what they thought of those slides, we have never had a 23 request from the Government with respect to additional work 24 on PCBs, nor have we had any request that we attempt to 25 audit or resubmit raw data or anything else with respect to - 121 CONCANNON & JAEGER WATER PCB-00051958 COMPUTER AIDED TRANSCRIPTION 1 the PCB studies. 2 Q. To your knowledge, was Monsanto ever under 3 investigation by the United States Government for 4 committing a crime relative to work performed by Industrial 5 Bio-TEST Laboratories? 6 A. I have no knowledge whether Monsanto was or 7 was not under investigation. 8 Q. Do you have any knowledge whether the 9 Government spoke with anyone at Monsanto regarding, or 10 excuse me, as part of the criminal Investigation of Dr. 11 Wright, Dr. Calandra and Dr. Keplinger, regarding the PCB 12 studies conducted at IBT? 13 A. I have no knowledge of whether the Government 14 did or did not speak to people at Monsanto. I did indicate 15 earlier that I did talk to a Federal attorney in Chicago. 16 That's the only knowledge I have. 17 Q. On the data that you reviewed as part of your 18 work in *80 and *81, do you recall whether you reviewed 19 initial and final body weights of animals? 20 A. I to not recall the specific nature. In the 21 review, I did indicate, I think I put a footnote indicating 22 the scope of my review and what I had available to work 23 with. I don't recall specifically what I looked at at this 24 time. 25 Q. In preparing for today's deposition, did you - 122 CONCANNON & JAEGER WATER PCB-00051959 _______________________ COMPUTER AIDED TRANSCRIPTION______________________ 1 review any documents written by any toxicologists - let me 2 narrow it - written by anyone at Monsanto to anyone at IBT 3 where Monsanto requested wording changes in any portions of 4 reports regarding IBT tests on PCBs? 5 A* We looked at memos we have discussed, I made 6 such requests. I do not recall looking at requests made by 7 other people addressed to IBT. 8 Q. Did you make more than one request that's 9 contained in the one exhibit that we've examined here. 10 today? 11 A. I may have made other requests of IBT. I'm 12 not sure they were specific to PCBs, but I have done it 13 more than once* 14 Q And Dr. Paul Wright also made requests to IBT 15 to change the wording of some of their test results - or 16 excuse me - change the wording of some of their reports 17 regarding the products they were testing for Monsanto; 18 isn't that true? 19 A. He may -- 20 MR. BAUERi Objection. Asked and answered. 21 THE WITNESSi Beg your pardon? 22 MR. BAUER; I said objection, asked and 23 answered* Go ahead and answer. 24 A. He may have. I can't recall specifically. 25 Q. (By Mr. Bradley) Do you know whether any - 123 CONCANNON & JAEGER WATER PCB-00051960 COMPUTER AIDED TRANSCRIPTION 1 other toxicologist at Monsanto requested any wording 2 changes in any of the reports prepared by IBT regarding 3 Monsanto products? 4 A. I think I've indicated earlier that as part of 5 the training of the younger toxicologists that we hired, my 6 tutorials with them, I would point out to them if they 6ee 7 a statement that they don't feel is properly supported by 6 the data, or if they have altered explanations or 9 information that bears on the point, that they should feel 10 free - not only feel free, but they are obligated as 11 professionals - to raise that point for discussion with 12 IBT. So indoctrinating, if you will, my junior staff to be 13 skeptical and raise questions, I would be surprise if there 14 were not instances of their questioning the reports. 15 Q. I understand they were trained to question 16 results. My question was, are you aware of any other 17 toxicologist who made specific requests for wording changes 18 in reports regarding IBT testing of Monsanto products? 19 A. I can't answer the question because I cannot 20 recall specific instances. 21 Q. Okay. Were you ever aware of -- I'll 22 withdraw the question. Are you familiar with a study of 23 PCBs referred to as Study Number B-7298? 24 A. I couldn't identify it by that number. 25 MR. BRADLEY* Okay. Off the record. - 124 CONCANNON & JAEGER WATER PCB-00051961 COMPUTER AIDED TRANSCRIPTION 1 (Whereupon, a conversation was held between Counsel, off 2 the record.) 3 0* (By Mr. Bradley) When you requested data for 4 files regarding the IBT studies on PCBs that resulted in 5 your '80/'81 review, to whom did you make a request to 6 provide you with documents involved in those studies? 7 A. At this time I can't recall specifically. My 8 recollection is there was a Miss Bonnahume, something 9 Gimilar to that, who was our contact and who had custody or 10 had access to the IBT records in Chicago and I believe it 11 was to her that the inquiry was made. 12 Q. Would you spell her name? 13 A. I was afraid of that. Probably 14 B-o-n-n-a-h-u-ra-e. I'm sure -- It may be in our files or 15 it would be in the Quality Assurance record. 16 Q. And was this person, when you made the request 17 to her, a Monsanto employee? 18 A. No, 19 Q, Was she an IBT employee? 20 A. I assumed she had been an IBT employee. 21 0. At the time you made the request I'm 22 sorry. Were you done? 23 A. No. I was going to try to put a picture 24 around it. 25 Q. Okay. - 125 - CONCANNON & JAEGER WATER PCB-00051962 COMPUTER AIDED TRANSCRIPTION A. Following the letter that I made reference to, FDA asking fef'identify studies, somewhere about that time we began requesting raw data from IBT for specific studies that we wanted to validate. Other clients from other 5 companies and whatnot were apparently making similar 6 requests, so IBT indicated that it could not field all of 7 these requests as rapidly as they wanted to, so we would 8 then make written requests instead of just telephone 9 requests and come up -- Initially, we called up and they 10 produced documents and we copied them ourselves and brought 11 them back to St. Louis. So then they got a little more 12 increased tempo, and then I think FDA basically sealed the 13 records and everything was off and that's when we started 14 dealing then with the specific individuals like Miss 15 Bonnahume, and I believe she was a former IBT employee who 16 had familiarity with the information, but 6he was our 17 contact and we did not make any visits. We did not go up 18 or make requests as we had done before. 19 Q. All right. At the time you made the request 20 to Miss Bonnahume, do you know whether any of the IBT files 21 were in the possession of the United States Government as 22 part of their criminal investigation of Paul Wright and 23 others? ' 24 A. I've given you a summary of my understanding. 25 I do not know whether she was a Government employee. I - 126 - CONCANNON & JAEGER WATER PCB-00051963 COMPUTER AIDED TRANSCRIPTION 1 didn't think she was a Government employee. I didn't know 2 what the situation was at IBT or who had custody o those 3 records or how it was being conducted. 4 Q. And if you were going to try and find Miss. 5 Bonnahutoe# how would you go about it? 6 THE WITNESSi You mean today? 7 MR. BRADLEY* Yes. 6 A. Wei1# I would check the records to be sure I 9 got her name straight, and I'm not sure. I would contact 10 Mr. Kean and trace through missing persons or something, I 11 have no idea how to pursue that. 12 Q. Did Dr. Wright ever indicate to you that he 13 falsified data while he was an IBT employee? 14 A. No. 15 Q. Did you ever hear anyone indicate that Paul 16 Wright had told them that Paul Wright had falsified data 17 while at IBT? 18 A. No one has said that to me. 19 Q. HaB anyone indicated to you that PaulWright 20 told them that Paul Wright falsified any information 21 whether it's data, conclusions# whatever - regarding IBT 22 studies of PCBs? 23 A. No one has ever said anything to me about Paul 24 Wright being involved in falsification of data. 25 Q. When you visited the IBT facilities on those - 127 CONCANNON 6 JAEGER WATER PCB-00051964 COMPUTER AIDED TRANSCRIPTION 1 four or five occasions, did you ever see any animals loose 2 and not in cages? 3 A. No * 4 Q. Did you ever see cages withwhat you 5 considered to be too many animals in them? 6 A. I do not recall having seen such. 7 Q, Did you ever see cages whereanimals were 8 oozing through the bottom? 9 A. No. 10 Q. Was there ever an occasion when you felt that 11 the temperature in the rooms housing the animals was not 12 appropriate? 13 A. No such thoughts occurred do me. I had no 14 impression of that. 15 Q. Was there ever an occasion when you felt that 16 the humidity in the rooms housing the animals was not 17 appropriate? 18 A. NO. 19 Q. Why did Monsanto hire XBT to conduct tests on 20 PCB products, if you know? 21 A. I do not know why they did. 22 Q, Did Monsanto ever learn that there were 23 inaccuracies in any reports of the tests conducted by IBT 24 on PCBs? A. I don't know what, quote, Monsanto knew. I - 128 - CONCANNON & JAEGER WATER PCB-00051965 COMPUTER AIDED TRANSCRIPTION 1 can only go back to say that when I looked, attempted to 2 look at the documentation on PCB studies, the extent of the 3 information I had to look at and the findings from that 4 review are annotated or footnoted in the review I wrote in 5 1981. That's the only knowledge I have. Where I saw some 6 differences between what wa6 in the reports and what might 7 be in the records, between the records and the reports from 8 IBT, are noted in that report that I put together. 9 Q. Let's locate the report that you wrote and the 10 footnote you're referring to. Would you do that for me, 11 please? 12 A. One of the footnotes on the report 13 MR. BAUER* You need to identify the Exhibit 14 Number first. 15 A. Exhibit Number 710, 16 Q. (By Mr* Bradley) You don't need to read it. 17 Just point out to me which of the notes it is. 18 A. Footnote Six. 19 Q. Would you hand thatto me, please? This 20 footnote indicates that you reviewed necropsy reports. Are 21 those the same -- Well, let me rephrase it. Would the 22 necropsy reports that you referenced in footnote six to 23 Plaintiff's Exhibit 710 have indicated the date and cause 24 of death of the test animals? 25 A. They -- I'm presuming at this time. I've not - 129 CONCANNON & JAEGER WATER PCB-00051966 COMPUTER AIDED TRANSCRIPTION 1 looked at them since then. I would answer yes, it would 2 have animal number and a date of death and a date of 3 autopsy, 4 Q. And if the animals had been too badly 5 decomposed, you would expect that to have been notated on 6 the necropsy report? 7 MR. BAUERt Object to the form of the 8 question. 9 A. I'm trying to think back a dozen years and I 10 really can't. Since I've looked at many records, I really 11 can't be very specific in my recollection. I would have to 12 go back and look at some of those records to see what they 13 were. Looking at note 9, "As a result of examination 14 described in footnote six, new animals were reassigned to 15 other dose levels on the basis of assigned numbers." 16 So I tried to summarize the information that 1 had, and 17 where I found what appeared to be discrepancies, ie differences, I noted those so that when I summarized the 19 information for another reviewer, I would have presented 20 the blemishes, if you will, on the study along with the 21 information that was there. 22 Q. You indicate in footnote six that the review, 23 I'm looking at the third sentence, I believe, "The review 24 showed the data bases, including a lack of protocol, were 25 insufficient for a complete validation of the study,* - 130 CONCANNON & JAEGER WATER PCB-00051967 COMPUTER AIDED TRANSCRIPTION 1 Correct? 2 A. Yes. 3 Q. What data bases were Insufficient, other than 4 the lack of a protocol, that made a complete validation of 5 the study impossible? 6 MR, BAUERj Objection. Asked and answered. 7 You may answer again. Dr. Levinskas. 8 A. I guess for one thing, in the request for 9 validation of data submitted to agencies, they wanted to 10 know a protocol and a fairly consistent finding, and it was 11 consistent with practice - I did it and others do it 12 people would not write specific protocols for a study 13 before it started. They will say "We will do it like the 14 last study of thi6 nature." So many of these studies were 15 lacking protocol and therefore, I make the specific 16 reference to protocol. I think it's probably easier to 17 answer the question by taking the opposite side and saying 18 that with the exception of what I say I looked at, there 19 wasn't much else that was available. So that when you ask 20 what was missing for validation, I would say substantially 21 most of the things, such as the clinical chemistry that 22 might have been done on the animals, the hematology, all of 23 which would have little, if any, bearing on the question of 24 the carcinogenicity of the compounds. 25 Q. Okay. Help me for a moment. I asked you when - 131 CONCANNON L JAEGER WATER PCB-00051968 COMPUTER AIDED TRANSCRIPTION 1 Monsanto first gained knowledge of inaccuracies in the 2 reports of the tests conducted by IBT on PCBs, and you 3 indicated that you couldn't speak for Monsanto but that you 4 became aware of what's indicated in footnote six when you 5 did your review in 'B0/'81; is that correct? 6 A. When I did the review in *80/'81 is the first 7 time we went back and looked at the raw data that's been 8 used and as I have said, the inaccuracy which I have noted 9 in the numbering systems and so forth. That is the first 10 knowledge I had of differences between what had been said 11 and what we are talking about. 12 Q. Up through 1976, were any documents generated 13 that you are aware of within Monsanto that were critical of 14 the conditions at IBT? 15 A. I am not aware of any documents Monsanto has 10 generated criticizing IBT. 17 Q. Are you aware of any documents created by 18 others than Monsanto criticizing the conditions at IBT 19 prior to 1977? 20 A. Insofar as I could tell, many other companies 21 -- Several of the Federal regulatory agencies were using 22 IBT as a contract laboratory. I have no basis, no reason 23 to question them, and I did not hear any criticism of their 24 ability or capability or integrity. 25 Q. Did you have any discussions of proposed - 132 CONCANNON & JAEGER WATER PCB-00051969 COMPUTER AIDED TRANSCRIPTION experiments and experiments actually conducted by IBT concerning PCB compounds with any IBT employees, other than what you've already testified to? MR. BAUER} Can I hear that back? 5 (Whereupon, the reporter propounded the previous question.) 6 MR. BAUERi Okay. 7 A. I would say no, I'm not aware of any. We may 8 have discussed it, the same subject, more than once but I 9 don't recall any other particular discussions. 10 Q. (By Mr. Bradley) Was there ever a time 11 following completion of your review in 1980/'81 of the 12 prior IBT studies on PCBs where you wrote a document 13 intended for review by a Governmental agency that did not 14 indicate the information contained in footnote six of 15 Plaintiff's Exhibit 710? 16 A. Footnote Six is my footnote. I do not recall 17 preparing a summary in addition to these reports that I was 18 aware was intended to be included in a Government 19 submission. 20 Q. Other than a summary, did you prepare any 21 document intended for review by a Governmental agency 22 regarding the subject matter of the toxicity of PCBs that 23 did not indicate that you had discovered inaccuracies in 24 the prior IBT PCB studies? u u-* ^ 25 A. I think it's a rather c^frirtTve question, I - 133 CONCANNON 6 JAEGER WATER PCB-00051970 COMPUTER AIDED TRANSCRIPTION 1 think my answer is after I wrote the 1981 review, I do not 2 recall writing anything on PCBs that was intended for 3 submission to a Government agency. 4 MR. BRADLEY: I have nothing further. 5 MR. BAUER: Sign. 6 7 8 9 10 11 12 13 14 Notary Public within and for the State of Missouri. 15 16 MY COMMISSION EXPIRES THE /<r^ DAY OP 17 ___________ , A.D., 19 18 JOSEPHINE S. NlBLOCK NOTARY PUBLIC STATE OF MISSOURI 19 ST. LOUIS COUNTY MY COMMISSION EXP. JAN. 15.1Q3S 20 21 22 23 24 25 - 134 CONCANNON & JAEGER WATER PCB-00051971 COMPUTER AIDED TRANSCRIPTION STATE OF MISSOURI ) ) SS 2 COUNTY OF ST. LOUIS ) 3 I, John T. Concannon, a Notary Public within and for 4 the State of Missouri* duly commissioned, qualified and 5 authorized to administer oaths and to take and certify to 6 depositions, do hereby certify that pursuant to Notice in 7 the civil cause now pending and undetermined in the 8 District Court of the United States, within and for the 9 District of Nevada, entitled NEVADA POWER COMPANY, 10 Plaintiff, -vs- MONSANTO COMPANY, etc., et al., Defendants, 11 to be used in the trial of said cause in said Court, I was 12 attended at the law offices of Messrs. Husch & Eppenberger, 13 100 North Broadway, in the City of St. Louis, State of 14 Missouri, by Ralph A. Bradley, attorney for the Plaintiff; 15 by Scott Bauer, attorney for the Defendant, Monsanto,; by 16 Robert P. Morgan, attorney for the Defendant, Westinghouse; 17 and by GEORGE J, LEVINSKAS, the witness, in said office on 18 July 14, 1993. 19 The said witness, GEORGE J. LEVINSKAS, being of 20 sound mind and being by me first carefully examined and 21 duly cautioned and sworn to testify the truth, the whole 22 truth and nothing but the truth in the case aforesaid, 23 thereupon testified as is shown in the foregoing 24 transcript, said testimony being by me reported in 25 shorthand and caused to be transcribed into typewriting, - 135 CONCANNON & JAEGER WATER PCB-00051972 COMPUTER AIDED TRANSCRIPTION 1 and that the foregoing pages correctly set out the 2 testimony of the aforementioned witness, GEORGE J. 3 LEVINSKAS, together with the questions propounded by 4 counsel and the remarks and objections of counsel thereto, 5 and is in all respects a full, true and complete transcript 6 of the questions propounded to and the answers given by 7 said witness* and that said testimony, so transcribed, was 8 subscribed to by the witness on the day of 9 , A. D., 1993. 10 I FURTHER CERTIFY that I am not of counsel nor 11 attorney for any of the parties to said suit, nor related, 12 nor interested in any of the parties or their attorneys. 13 I FURTHER CERTIFY that Plaintiff Deposition Exhibits 14 marked for identification are the identical exhibits 15 referred to and identified by the witness in the foregoing 16 deposition. 17 WITNESS MY HAND and Notarial Seal, given this 23rd 18 day of September, A. D., 1993, at St. Louis, Missouri. 19 MY COMMISSION EXPIRES SEPTEMBER 12, 1994 20 21 22 JOHN T. CONCANNON, 23 Notary Public, within and for the State of Missouri 24 25 - 136 CONCANNON & JAEGER WATER PCB-00051973 COMPUTER AIDED TRANSCRIPTION 1 2 3 September 24, 1993 4 5 Dr. George J. Levinskas 6 526 Fairways Circle Creve Coeur, Missouri 63141 7 6 Ret Nevada Power -vMonsanto, et al. 9 Dear Dr. Levinskast 10 This letter, incorporated as the last page of your 11 deposition, taken on July 14, 1993, will serve as notice to you that your testimony is now ready for your reading and 12 signing of same. You will recall your attorney, Mr. Bauer, indicated a preference for you reading your deposition, 13 rather than waiving signature. 14 Mr. Bauer or his office will be in contact with you in the near future to read and sign you deposition. If you 15 have any questions, please contact him at hie office. 16 Thank you for your cooperation in this regard. 17 Sincerely, 18 19 JOHN T. CONCANNON 20 Shorthand Reporter 21 22 23 JTC:md* 24 Concannon & Jaeger General Court Reporters 705 Olive Street - Ste. 604 St. Louis, Missouri 63101 25 * 137 - CONCANNON & JAEGER WATER PCB-00051974 COMPUTER AIDED TRANSCRIPTION 0 1 2 3 - DEPOSITION CORRECTION SHEET - 4 In Rej NEVADA POWER Vs. MONSANTO 5 Upon reading his deposition transcript and before subscrib ing thereto, the deponent indicated the following: 6* 7 Page Line [ should read: cyo 8 Reason assigned for change: 9 Page Line /? shouldread: f~ 10 Reason assigned for change: 11 Page Line Q( should read: 12 Reason assigned for change: ,, 13 Page J^ Line should read: ' 14 Reason assigned for change: 15 Page^^7^|l*ine4^^! should read: : ' 16 Reason assigned for change: 17 Page 3^ Line $ should read: (fyrtM-J? , Reason assigned for change: 18 Q&~Cfcjfcc&TS Page $ Line 19 should read:/ f * ^ ^^/ 20 Reason assigned for change : j f*' . ; *f 21 Page Line $0 should read: 22 Reason assigned for change: 23 Page 3>5^ Lines /3//7should read: "24 25 9^1^d}df*l 4 CO`TC ANNCN & JAEGER WATER PCB-00051975 COMPUTER AIDED TRANSCRIPTION 1 GfoftQe Let// 2 3 - DEPOSITION CORRECTION SHEET - 4 n Res NEVADA POWER Vs. MONSANTO 5 pon reading his deposition transcript and before subscribng thereto, the deponent indicated the following: 6 7 ago Line should read: 8 Reason assigned for change: 9 age Y Line should read: JL^-&' 10 Reason assigned for change: 11 'w 7* Line 11 3houl<i --- 12 Reason assigned for change : 13 >age Line f should read: 14 Reason assigned for change: 15 >age ^^7 Line j/ should read: J2--~~ xQ * - , ^f 16 Reason assigned for change j 17 5age $Q Line should read: 18 Reason assigned for change: ^*- 19 Page LinesS^^SshouId read: 20 Reason assigned for change: 21 Page Y7 Line 17 should read: 22 Reason assigned for change: PageS(O^j^^nes 3) & should read: 23 24 25 CONCANNCN & JAEGER WATER PCB-00051976 COMPUTER AIDED TRANSCRIPTION 1 2 3 - DEPOSITION CORRECTION SHEET - 4 En Re* NEVADA POWER Vs. MONSANTO 5 Jpon reading his deposition transcript and before subscrib ing thereto* the deponent indicated the following:. 6 7 Page 10^Line b should read: 8 Reason assigned for change: 9 Page JOfy Line ^ should read TV- 10 Reason assigned for change: 11 Page jf Line should read: 12 Reason assigned for change: 13 Page Line <?L should read: 'OH*' 14 Reason assigned for change: 13315 Page Line ^-S^should read i/CA 16 Reason assigned for change: 17 Page Line should read: 18 Reason assigned for change: 19 Page Line should read: 20 Reason assigned for change: 21 Page Line should read: 22 Reason assigned for change: 23 Page Line should read: 24 25 CONCANNCH & JAEGER WATER PCB-00051977