Document ev3wKnRKdJRzqRQr4gMOEbq7e

FILE NAME Synkaloid SYN DATE May 8 1996 DOC SYN033 DOCUMENT DESCRIPTION 1996 Legal - Trial transcript of testimony of Dr. Egilman [ Egilman i | . } | DELMER SMITH IN THE 138TH DISTRICT COURT OF CAMERON COUNTY TEXAS ET AL VS. | CORNING FIBERGLAS CORP AL 2... ee ee ee eee 95-04-1709 STATEMENT OF FACTS . ( This volume contains the second day of the jury trial conducted on MAY 8 1996. It consists of Pages 118-327 ) VOLUME VII OF XI VOLUMES i 10 . BEFORE THE HONORABLE ROBERT GARZA PRESIDING JUDGE APPEARANCES 11 COUNSEL FOR 12 . PLAINTIFF | , DELMER SMITH ET AL 13 PETER A. KRAUS & ASSOCIATES BARON & BUDD P.C. 3102 OAK LAWN AVENUE 14 DALLATSX 75210-4281 | LOCAL COUNSEL FOR 15 | PLAINTIFF 16 DELMER SMITH ET AL 17 EDWARD A. STAPLETON FRANK COSTILLA JR COSTILLA & STAPLETON 1325 PALM BOULEVARD III & P.C. BROWNSVILLE TEXAS 78520 | 18 19 20 21 22 23 24 | COUNSEL FOR ; DEFENDANT SYNKOLOID COMPANY MEL BAILEY & DAVID CROWE ATTORNEYS AT LAW DeHAY & ELLISTO LLNP 717 NORTH HARWOOD STREET DALLAS TEXAS 75201-6508 THAT BE IT REMEMBERED THAT ON THE 8TH DAY OF MAY THE AFOREMENTIONED CAUSE NUMBER AND STYLE WAS THE HONORABLE ROBERT GARZA PRESIDING JUDGE OF THE 1996 CALLED 138TH BY DISTRICT COURT AND AFTER BOTH SIDES HAVING ANNOUNCED READY THE FOLLOWING MATTERS AS INDICATED ABOVE WERE HEARD BY THE COURT 25 118 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 break MR KRAUS Or you want to take a lunch THE COURT That's what I'm going to do We are going to take a lunch break at this point Ladies and Gentlemen we will start again at 1:15 Be back at 1:15 Do not discuss this case with anyone or among yourself Be back at 1:15 ( COURT RECESSED AT 12:00 P.M. AND RESUMED AT 1:30 P.M. ) THE COURT Continue MR KRAUS Yes Your Honor DIRECT EXAMINATION ( CONTINUED ) ( BY MR KRAUS ) Doctor Egilman Before the break you were about to tell us that what Synkoloid could have . What found if they did you find read the Doctor newspaper before 1975 1975 1975 Well just from the L.A. Times All right The first article of asbestos from the 1930s on and there is one titled -- it is dated Tuesday August 15 1967. It Maybe Health Hazard New Theory About Hazard by Harry Nelson Evidence is accumulating that asbestos an almost indestructible mineral with thousands of commercial 225 10 11 12 13 14 15 16 17 18 19 20 21 22 N NN NN uses may become an increasing public health hazard I am just reading some of the highlights Signs of asbestos the lung disease resulting from inhalation of asbestos fibers have been found in persons who live near factories where asbestos is used in random autopsies in Montreal Pittsburgh Miami Capetown and London and in animals that live near asbestos mines This is one from '72 entitled Perilous Particles Tiny asbestos fibers pose a health threat to workers in public Long exposure can result in lung disease cancer Industry seeks solution The bodies are in the street What's the next article that they read Doctor that was in the newspaper | Asbestos Lung Cancer From Cigarettes Linked Doctors Report Mineral Does Not Cause Disease But Enhances Smoking Dangers Basically this article says that asbestos and cigarette smoking it should be together to cause lung cancer We didn't really talk about that Doctor but when you have both smoking and asbestos exposures with regard to the cancer that comes from asbestos in the lung As 226 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opposed to mesothelioma does smoking make the risk from asbestos much worse For lung cancer Not from mesothelioma This is also from 1972. Threat of Cancer to 225,000 World War II Workers Told and it talks about the effect of these workers were at risk developing lung cancer Doctor Egilman because of the articles that are in the paper that you found before 1975 which were numerous did you prepare a summary of all of them Yes I have A summary of 17 articles from '67 to 175 Could you hit some of the points -- run it through what was in the newspaper This is the title of the article and then there is some quote from the text MR BAILEY I'm sorry Your Honor hear the dates of this article 177 I didn't THE WITNESS First one is '67 THE - COURT '67 through '75 THE WITNESS That's the range I will give the date on the next one The next one is May 20 of 1969. The title of the article was linked between asbestos lung cancer studied and the quote from the article It is known that inhalation of asbestos fibers can cause some persons to develop asbestosis in 227 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 which fibers gradually replace living tissue says Doctor Premysl Pelnar of the institute The institute they are talking about was a Canadian institute funded by the Canadian asbestos companies May 9 1971 A labor union official said 200,000 women's coats had been sold containing asbestos fibers that medical experts say could be a health hazard And the union would urge Congress to ban asbestos and other dangerous substances in clothing In June 7 1971 The American Public Health Association charged that the government had ignored ; warnings ofa possible health hazard from the sale of up to 200,000 women's winter wool coats containing 7.8 percent asbestos Asbestos has been linked to high rates of lung canceirn persons working with it over a long period December 9 1971 Study links lung disease to asbestos High incidence of chronic lung inflammation has been reported in a studoyf asbestos workers in private New England shipyard February 20 of 1972 FDA asks Ban On Asbestos Use In Clothing An FDA spokesman said Asbestos fibers when inhaled can cause fatal lung damage | In March 15 1927 A group of labor leaders and 228 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doctors said that the danger of cancer from breathing asbestos fibers is increasing sharply in the U.S. as the use of asbestos grows Quote It may be the most devastating environmental disaster yet perpetrated by any industrial nation June 7 of 1972 The Labor Department has announced new regulations for the handling of asbestos Quote Asbestos with some medical authorities and labor unions contend can cause death from cancer if the fibers are inhaled And this is the Perilous Particles one I read July 10 some drugs. 1972 ' Asbestos levels found high in There has been growing concerns over asbestos in medicine industry and government July 27 of 1972 Asbestos Lung Cancer From Cigarettes Linked And I also I indicated it's unrelated The incidencoef lung cancer among cigarette- smoking asbestos workers was 92 times as high as it is for smokers not exposed to asbestos August 13 of 1972 The FDA moved to require elimination of all asbestos articles for the talk Asbestos which has been found to tend to cause cancer when inhaled -- 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 September 30th 1972 is one I read already Threat of cancer - this October 5 1972 Case Against Asbestos As Cancer Agent Grows Quote Asbestos already linked with lung cancer in insulation workers who smoke was further linked with colon and rectum cancers of the esophagus stomach October 6 of 1972 Senator Hiram L. Fong Republican urged immediate investigation by the Navy of a medical report indicating the possibility of World War II shipyard workers developing lung cancer caused by asbestos Doctor Selikoff estimated that as many as 225 of the 3.2 billion men and women who worked in U.S. Shipyards might develop cancer associated with breathing asbestos fibers November 30th 1972 Asbestos in U.C.L.A. Called a Potential Health Hazard Dorms Public health officials have become concerned that the general hazardous levels public around may be exposed to construction jobs potentially or from the large number of commercial products which contain asbestos December 14 1973 Authorities Hit On Ignoring - Shipyard Workers Anxieties Asbestos has been linked with lung cancer and 230 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 malignancy called mesothelioma So all 17 of these articles were in the public media before Synkoloid said it found out in 1975 Doctor Yes They were all available before Synkoloid ever label on their product or warning put any Yes Doctor you've seen Delmer Smith like the rest of us You're an expert in preventative medicine Looking at this and Delmer Smith how does that make you feel as a specialist in this field It's a sad situation about Mr. Smith obviously knowing the literature MR KRAUS Your Honor I would like to offer into evidence Egilman Exhibit One Curriculum vitae or resume of Dr. Egilman and his qualifications And Exhibit Number Two the summary that he just 1. testified about to the articles that he found in the Los Angeles Times MR BAILEY Your Honor We have no objections to Number One I objectto Number Two as hearsay and accumulative There is no predicate laid for the admissibility of the newspaper articles or summaries of numerous articles THE COURT All right It will be overruled 231