Document jprR5be8DEJqmJaMyV1zRK55

WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION CAROLYN B. FISHER, Executrix ) of the Estate of Ralph L. Fisher, ) Deceased, ) Plaintiff, vs. MONSANTO COMPANY, Corporation, a Delaware ) ) ) ) Cause No.93037D Defendant. ) VOLUME II VIDEO TAPE EVIDENTIARY DEPOSITION OF ROBERT EMMET KELLY, M.D. Taken on behalf of Defendant April 8, 1994 WALLER REPORTING, INC. 515 Olive Street, Suite 1506 St. Louis, MO 63101 (314) 621 2571 294 INDEX OF EXAMINATIONS QUESTIONS BY: PAGE Continued Cross Examination by Mr. McCrea ............................ 296 Redirect Examination by Mr. Davidson ........................................... 369 Recross Examination by Mr. McCrea .................................................... 389 INDEX OF PLAINTIFF'S EXHIBITS EXHIBIT NO. PAGE MARKED No. 4 ................................................................................................................................ 315 No. 5 ................................................................................................................................ 333 No. 6 ..................................................................................................... 335 No. 7 ................................................................................................................................ 337 No. 8 ................................................................................................................................ 33 9 No. 9 ................................................................................................................................ 33 9 No. 10 ................................................................................................................................ 34 8 No. 11 ................................................................................................................................ 364 295 WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION CAROLYN B. FISHER, Executrix ) of the Estate of Ralph L. Fisher, ) Deceased, ) Plaintiff, vs. MONSANTO COMPANY, Corporation, a Delaware ) ) ) ) Cause No.93037D Defendant. ) VIDEO TAPED EVIDENTIARY DEPOSITION OF ROBERT EMMET KELLY, M.D., produced, sworn, and examined on behalf of the Defendant, April 8, 1994, between the hours of eight o'clock in the forenoon and six o'clock in the evening of that day, at the offices of Husch & Eppenberger, fOO North Broadway, St. Louis, Missouri, before FAITH A. OLLIGES, a Registered Professional Reporter and a Notary Public within and for the State of Missouri. APPEARANCES Plaintiff was represented by Mr. David S. McCrea of the law firm of McCrea & McCrea, P.O. Box 1310, Bloomington, Indiana 47402. Defendant was represented by Mr. Gerard H. Davidson, Jr. of the law firm of Smith, Helmes, Mulliss & Moore, L.L.P., 300 North Greene Street, Suite 1400, Greensboro, North Carolina 27420. 295 Kelly, R Emmet M.D (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047671 1 IT IS HEREBY STIPULATED AND AGREED by and 2 between Counsel for the Plaintiff and Counsel for the 3 Defendant, that this deposition may be taken in 4 shorthand by FAITH A. OLLIGES, a Registered Professional 5 Reporter and Notary Public, and afterwards transcribed 6 into typewriting. 7 oOo 8 ROBERT EMMET KELLY, M.D., 9 of lawful age, being produced, sworn, and examined on 10 the part of the Defendant, deposes and says: 11 CONTINUED CROSS EXAMINATION 12 QUESTIONS BY MR. McCREA: 13 Q Dr. Kelly, can you locate Exhibits 19, 20, 21 14 and 21 A? 15 A I do not have a 21. I don'thave a 20 I mean. 16 I have a 21 and a 19 and a 21 A. Oh,and a 20. 17 MR. DAVIDSON: This is 20. 18 A Yes. We're in good shape. 19 Q Dr. Kelly, directing your attention to Exhibit 20 19. 21 A Yes, sir. 22 Q What is that? 23 A This is a label for Aroclor 1254. 24 Q Who prepared the label? 25 A I do not know who prepared it. I know who put 296 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047672 1 on the cautions, who is responsible for the caution 2 statement. That was the medical department. 3 Q Did you prepare the caution statement that goes 4 on that label? 5 A Yes. 6 Q Did others assist you in preparing the caution 7 statement? 8 A I do not believe so. 9 Q Who had final approval of the language on 10 Exhibit 19? 11 A It all depends what you mean by "the language". 12 The medical department had final approval of the caution 13 language. The marketing department or the manufacturing 14 department had final approval of what else went on the 15 label. 16 Q Did Monsanto Company have a legal department on 17 the date Exhibit 19 was prepared? 18 A Yes, they did. 19 Q Did they have approval of any of the language 20 that goes on the label? 21 A I do not know if they had any approval of 22 anything besides the apart from the caution label. 23 They had no approval of the caution label, of the 24 caution material. 25 Q Dr. Kelly, do you know if there are any 297 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047673 1 documents that reflect the work effort of the medical 2 department in preparing the language on this label? 3 A Would you explain the work effort, what you 4 mean by work effort? 5 Q Do you have any documents which show what you 6 considered in developing the language that went on this 7 label? 8 A Well, it would be the sum total of all the 9 documents that were involved, with the toxicological 10 information that had been developed, with the material 11 that was developed under clinical aspects of our 12 workers, the absence of any illnesses from exposure to 13 the Aroclor 1254. But I don't know what you mean, if 14 there is a backup set of documents outside of my 15 experience with those two phases of Aroclor, 16 Q Did you develop a file which included documents 17 that you reviewed in preparing the label? 18 A Did I what? 19 Q Did you develop a file that included documents 20 which you reviewed to prepare the label? 21 A Well, I had I certainly had a file of the 22 toxicological properties of Aroclor. I had a file of 23 the workers' experience with manufactured material. 24 Whether I had to review these files or not after every 25 for every individual label is probably not correct. 298 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047674 Q How long did it take you to prepare that label? A It probably took me about ten years of experience and about ten minutes of writing it Q Dr. Kelly, will you refer, please, to Exhibit 18? A Yes, sir. Q You identified Exhibit 18 on direct examination; is that correct? A Yes, I did. Q This document is dated October 11, 1937. A Yes, sir. Q This is a Monsanto document? A Yes, sir. Q This document was written by L. A. Watt; is that correct? A Yes, sir. Q In the first paragraph of the document, L. A. Watt refers to systemic toxic effects. Do you see that? A Yes, sir. Q What is a systemic toxic effect in language that a worker would understand? A What it means is if you get this by inhaling it or taking it by mouth, repeated oral ingestion, you'll get sick. Q What does systemic mean? 299 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047675 1 A The general body apart from external the 2 external skin. 3 Q What does toxic mean? 4 A It means a lot of things to a lot of people, 5 but my definition of toxic means harmful. 6 Q So a systemic toxic effect would be a harmful 7 effect to the general body? 8 A Yes. 9 Q Dr. Kelly, when Exhibit 19 was prepared, did 10 you have the information on Exhibit 18? 11 A Yes, I did. 12 Q Did you consider putting on Exhibit 19 the 13 information that is included on Exhibit 18, which states 14 that exposure to Aroclor vapors evolved at high 15 temperatures or by repeated oral ingestion will lead to 16 systemic toxic effects? 17 A Well, I considered it, but I decided it was not 18 germane to a label. 19 Q A person reading Exhibit 19 would not know that 20 exposure to Aroclor vapors evolved at high temperatures 21 or by repeated oral ingestion will lead to systemic 22 toxic effects; is that correct? 23 A I don't think it's correct. I think you 24 underestimate the worker. If a worker sees a caution 25 label that says "Avoid prolonged and repeated contact 300 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047676 1 with skin, avoid prolonged breathing of vapor or dust," 2 he knows that those are put on there for certain 3 reasons, that if you do those things, you will it 4 will be harmful to you. He knows that. I certainly 5 don't think the worker thinks we put that on for no good 6 reason. 7 Q You do not describe the harm? 8 A No, I did not. 9 Q A worker could interpret that as a skin rash? 10 A He could interpret it as a skin rash. He could 11 interpret it as making him sick. 12 Q You provide him no assistance with regard to 13 what the consequences would be? 14 A No, but I provide him with assistance as to how 15 to avoid any consequences, systemic or skin. 16 Q Did anyone else participate in the decision not 17 to include this information that exposure to Aroclor 18 vapors evolved at high temperatures will lead to 19 systemic toxic effects? 20 A No one else. It was my responsibility, and no 21 one else participated in that decision. 22 Q Dr. Kelly, will you locate Exhibit 31? 23 A That's 32. Yes, sir. I have located it. 24 Q Will you turn to Bates page MONS 072693? The 25 last three digits are 693. 301 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047677 1 A 6 what? 2 Q 6 93. 3 A Yes. But the first three digits were different 4 than that. You start out with a 5 Q 072 . 6 A 072693. I have it. 7 Q Dr. Kelly, this is a document that you 8 identified on direct examination which consists of a 9 proposed protocol for PCB toxicity studies from 10 Industrial Bio Test; is that correct? 11 A Yes, it is. 12 Q And in that proposed protocol, did Industrial 13 Bio Test list tissues and organs that would be examined 14 grossly and tissues and organs that would be examined 15 microscopically in animals that were administered PCBs? 16 A Yes, sir. 17 Q In 1937, when L. A. Watt issued his memorandum 18 and stated that Aroclor vapors evolved at high 19 temperatures prolonged exposure to Aroclor vapors 20 evolved at high temperatures will lead to systemic toxic 21 effects, did you know that the entire body could be 22 affected? 23 A That the what? 24 Q Entire body could be affected. 25 A Well, yes, the body could be affected. Whether 302 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047678 1 the entire body, whether the muscles, whether the nails, 2 whether the heart could be affected, I didn't know the 3 specific organs could be affected. I knew the body 4 could be affected, yes. 5 Q And in 1937, did you know that the tissues and 6 organs to be examined grossly and tissues and organs to 7 be examined microscopically in this proposed study dated 8 1968 could be at risk from systemic toxic effects of 9 prolonged exposure to PCB vapors? 10 A No, sir, I didn't know that all of these would 11 be, no. We never did find out that all these were 12 either. There were some selective target organs of the 13 body. 14 Q But did you know that these could be at risk? 15 A No, I didn't know they could be at risk. I 16 mean, I don't know what you mean by at risk. 17 Q Could be adversely affected. 18 A I had no idea that the esophagus, for example, 19 could be at risk from inhaling PCBs, no, sir, I did not. 20 I did not have any idea that the eyes, for example, or 21 the aorta or any number of these compounds any number 22 of these organs could be at risk. 23 Q And when you say you had no idea that the 24 tissues and organs could be at risk, are you stating 25 that you had no evidence that they were adversely 303 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047679 1 affected or you had no reason to believe they could be 2 adversely affected? 3 A I don't What date was the Watt memorandum 4 again? 5 Q 1937. 6 A When? What date? 7 Q October 11, 1937. 8 A I think we had the Drinker information at that 9 time. 10 Q Do you recall the question? 11 A No, I don't. I was a little confused. 12 Q All right. Just so we're clear, industrial 13 Bio Test presented a protocol to test tissues and organs 14 in animals that were administered PCBs; correct? 15 MR. DAVIDSON: I object. It simply says that 16 those would be the organs examined in an experimental 17 study of animals. 18 Q Administered PCBs; is that correct? 19 A No. Industrial Bio Test examined PCBs to find 20 the toxicity of the material. 21 Q Dr. Kelly, you earlier defined systemic as body 22 as the body as a whole. 23 A Yes. 24 Q Is that correct? You defined toxic as harmful? 25 A Yes, sir. 304 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047680 1 Q And my question to you is, in 1937, did you as 2 the medical director for Monsanto Company recognize that 3 the tissues and organs described in the Industrial 4 Bio Test Laboratory's proposed protocol could be at risk 5 from systemic toxic effects of PCBs? 6 A The information we had in October of 1937 7 showed that the organs at risk were the liver and the 8 skin. 9 Q But in 1968, Dr. Kelly, you're doing a study to 10 determine if all of these tissues and organs could be 11 adversely affected; is that correct? 12 A Well, yes. But, Mr. McCrea, we were doing 13 that, but you have neglected to mention or do not 14 appreciate that the science of toxicology has increased 15 vastly from 1936 or 1937 to 1968, and that any good 16 toxicological work includes examination of all organs. 17 That was not part of toxicological thinking in 1936 or 18 '37 when that memorandum was written. 19 Q Any good toxicological work would involve the 20 testing of all organs; is that your statement? 21 A Yes. Microscopic testing of organs, yes. 22 Q And that was true as of 1968? 23 A Yes. 24 Q But it was not true as of 1937? 25 A I think that's correct. 305 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047681 1 Q If you wanted to communicate to a worker the 2 information from L. A. Watt, would you state as follows? 3 "Prolonged exposure to PCB vapors will lead to harmful 4 effects on the body as a whole." 5 A If I You have no question there. If I 6 wanted to do what? 7 Q If you wanted to communicate to a worker the 8 information described by L. A. Watt on October 11, 1937, 9 in Kelly Exhibit 18, so that the worker understood what 10 you were communicating, would you use the language 11 "harmful to the body as a whole" rather than "systemic 12 toxic effects"? 13 MR. DAVIDSON: I'll object. It's total 14 speculation. I mean, he did what he did. You don't say 15 for what purpose you're addressing the worker or whether 16 it's by written letter or orally or label or brochure or 17 what. 18 A This is speculation. You are saying if I 19 wanted to do this, how would I do it? 20 Q So that the worker understood what Mr. Watt 21 communicated in his memorandum. 22 A I could probably affix a copy of the memorandum 23 to it and say, "If you violate the caution statements, 24 you'll get sick." I don't think a worker would 25 appreciate the phrase "systemic toxic effects". But this 306 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047682 1 is speculation. I did not believe that should be put on 2 a label. 3 Q And systemic toxic effects means harmful to the 4 body as a whole? 5 A Yes, sir. I don't think you can It's 6 harmful to the body if it's harmful to the heart. It's 7 harmful to the body if it's harmful to the muscles. I 8 do not think you could distinguish between toxicity to 9 any part of the body and the body as a whole. 10 Q Dr. Kelly, referring to Exhibits 20, 21 and 11 21 A, on any of those labels do you state that prolonged 12 exposure to PCB vapors will lead to systemic toxic 13 effects? 14 A No, sir, I've repeatedly told you that I did 15 not put that on labels because I put material on the 16 labels that I know they would read and I knew that it 17 would avoid any harmful effects, and I believe I was 18 proven right over 38 years because we didn't have any 19 from our customers. 20 Q Dr. Kelly, would you refer to Exhibit 4? 21 A Four? 22 Q Yes, sir. Bates page number. . . 23 A These are really going to be messed up. Yes, 24 sir. I have it. 25 Q Will you refer to Bates page number MONS 307 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047683 1 060027? 2 A Yes, sir. 3 Q Dr. Kelly, directing your attention to the 4 third paragraph on page four. 5 A Yes, sir. 6 Q Beginning with the words "in considering the 7 entire matter". Do you see that? 8 A Yes, sir. 9 Q Would you please read into the record that 10 paragraph? 11 A "In considering the entire matter it seemed to 12 us that the chlorinated hydrocarbons, if inhaled in 13 sufficient concentration, might cause a slight degree of 14 damage to the liver. This damage is resisted 15 efficiently and causes no depression of health, but if 16 the individual in question happens to suffer some 17 ordinary disease of the liver the condition is 18 superimposed upon a substratum of injury. In accordance 19 with this hypothesis we determined that a dose of 0.75 20 cc of carbon tetrachloride plus 0.75 cc of ethyl alcohol 21 per kilogram of rat was entirely nontoxic to normal 22 animals. However, when, this dose was given to animals 23 which had inhaled chlorinated diphenyl as has been 24 described in this experiment, the result was acute 25 yellow atrophy of the liver. It would seem, therefore, 308 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047684 1 that the inhalation of a concentration of chlorinated 2 diphenyl in a manner in which I have described is 3 capable of producing a condition which may be dangerous 4 to the individual inhaling it, though of itself no 5 visible harm will be done." 6 Q Dr. Kelly, did you put on Exhibit 19, 20, 21 or 7 21 A, which are labels for PCB products, the information 8 that inhalation of a concentration of PCBs with carbon 9 tetrachloride and alcohol could result in acute yellow 10 atrophy of the liver? 11 A No, sir. 12 MR. DAVIDSON: Object. That's a 13 mischaracterization of the document. 14 A I did not, and I did not put on how Drinker got 15 this elevation of chlorinated biphenyl into the 16 atmosphere. He heated it up. If you want to go through 17 his experiment, he used an electric heater for 18 maintaining a temperature. And I'm trying to see how 19 high he got it. If I put that on, I'd have to put on 20 all the details of the experiment, and I did not do it 21 for the reasons I said before. On a label we would 22 protect him from all those things if he followed the 23 information on the label. 24 Q Dr. Kelly, on Exhibit 19, 20, 21 and 21 A, 25 which are the labels, 309 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047685 A Yes, sir. Q did you include language that PCBs can be absorbed through the skin? A No, sir, I did not. I avoided I included information to prevent absorption through the skin. I thought that was the more important thing. Q Dr. Kelly, will you locate Exhibit 29? A 20 which? Q Exhibit 29. Dr. Kelly, you stated that you did not include a communication to the worker that PCBs can be absorbed through the skin because you felt it was more important to communicate that he should not get the PCBs on his skin; is that correct? A I said on the label. On the label. You left that phrase off. Yes, sir. Q All right. Will you read paragraph two of Kelly's Exhibit 29 into the record? A Yes, sir. "Repeated or prolonged skin exposure should be avoided since the askarel fluids act as solvents for fats and oils of the skin. Removal of these natural protective barriers could lead to drying and chapping such as occurs with exposure to paint thinner. More important, the fluid may be absorbed if it is allowed to remain on the unbroken skin. For these reasons, we recommend that the skin be washed with soap 310 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047686 1 and water if there is contact. A skin burn resulting 2 from accidental contact with hot fluid should be treated 3 in the normal manner as any thermal burn due to hot 4 oils." 5 Q Dr. Kelly, you authored this document? 6 A Yes, I did. 7 Q In the first two sentences that you read, you 8 described a solvent action of PCBs on the fats and oils 9 of the skin. 10 A Yes, sir. 11 Q And drying and chapping of the skin. 12 A Yes, sir. 13 Q What do you mean by the next sentence, "More 14 important, the fluid PCB may be absorbed if it is 15 allowed to remain on the unbroken skin"? 16 A I mean just what it says. If the fluid is on 17 the skin and stays there, it can be absorbed. It may be 18 absorbed through the skin. 19 Q But what do you mean by more important? More 20 important than what? 21 A More important than the local action on the 22 skin, yes, sir. 23 Q And you knew on March 4, 1971 that it was more 24 important to admonish or warn about PCBs going through 25 the skin into the body than to caution about the PCB 311 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047687 1 fluids being solvents for fats and oils on the skin and 2 causing drying and chapping; isn't that correct? 3 A Say that over. You lost me there. You got a 4 little prolonged in the question. 5 Q When you authored this document in 1971, you 6 knew it was more important to communicate that PCBs can 7 be absorbed through the skin into the body as opposed to 8 the effects of skin PCBs on the skin in causing 9 drying, chapping, and having a solvent action for fats 10 and oils? 11 A Yes. 12 Q Did you know when you prepared Exhibit 19 that 13 from a toxicological standpoint the information about 14 PCBs being absorbed through the skin into the body was 15 more important than the effects on the skin? 16 A Yes, sir. 17 Q Dr. Kelly, earlier in the deposition you 18 calculated what .5 milligrams per cubic meter of air 19 means in parts per million. Do you recall that? 20 A Yes, sir. 21 Q And what was your calculation in parts per 22 million? 23 A I don't remember now. It's whatever I said in 24 the deposition. 25 Q Okay. If it was two parts per million, that 312 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047688 1 would mean that you would have two parts PCB to a 2 million parts of air; is that 3 A No, not quite, because you were talking about 4 milligrams, which is a weight basis, versus a cubic 5 meter of air, which is a volume basis. 6 Q All right. 7 A And when you So you have to get into that 8 equation what the air weighs and what the material 9 itself weighs. 10 Q But isn't that how you arrive at a parts per 11 million ratio? In other words, if it was a direct 12 relationship between the milligrams and the cubic meter 13 of air, it would still be .5 to one million? 14 A Well, that isn't parts per million. That is 15 milligrams. 16 Q That's weight. 17 A Weight versus volume. That gets completely 18 confusing. 19 Q All right. It's a different When comparing 20 weight to volume, milligrams to a cubic meter of air is 21 different than a parts per million ratio? 22 A Yes. 23 Q But to get to the parts per million ratio, 24 which I believe you said was two parts per million or 25 one part per million, I don't recall, you have to 313 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047689 1 calculate the weight of the air and the weight of the 2 chemical? 3 A Yes. Which I didn't do, and I may very well be 4 in error by a lot of figures in that. 5 Q All right. And I understand that. My question 6 to you is this. You knew in 1955 that there was a 7 there were Maximum Allowable Strike that. When did 8 you know that there was a Maximum Allowable 9 Concentration for Aroclor 1254, which is a PCB, of .5 10 milligrams per cubic meter? 11 A Whenever it was adopted. 12 MR. DAVIDSON: Object to that. 13 A I don't know when it was adopted. 14 MR. DAVIDSON: I think the testimony was that 15 was for one of them. 16 THE WITNESS: I beg your pardon? 17 MR. DAVIDSON: I object. I think that was the 18 testimony The testimony was that was the measure for 19 one of them, not all of them. 20 MR. McCREA: Counsel, I believe I said Aroclor 21 1254 . 22 THE WITNESS: He said 1254. 23 MR. DAVIDSON: You just said PCBs period. 24 MR. McCREA: Well, I don't think so, counsel. 25 Q (By Mr. McCrea) Dr. Kelly, when did you know 314 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047690 1 that the Maximum Allowable Concentration for Aroclor 2 1254, which is a PC, was .5 milligrams per cubic meter? 3 A Either 1955 or 1956, around that. 4 Q Dr. Kelly, did you make a decision not to 5 include on the label the Maximum Allowable Concentration 6 of PCBs in air so that a workman could understand it? 7 A I did not make such a decision to include the 8 Maximum Allowable Concentration of PCBs for an 9 eight hour day because I did not believe the worker was 10 going to be exposed to that, and I told the worker in 11 very concise terms how to protect himself from any 12 amount any injury. If he followed the directions, he 13 would be much under the Maximum Allowable Concentration. 14 And I did not believe that the worker who was looking at 15 the label on a container has the equipment to measure 16 the PCB in a cubic meter of air, so I think such a 17 statement would be entirely irrelevant on a label. 18 (Reporter marked Plaintiff's Exhibit 4.) 19 Q Dr. Kelly, can you identify Plaintiff's Exhibit 20 4? 21 A Yes, sir. 22 Q Did you author that document? 23 A Yes, I did. 24 Q Is that a true and accurate copy of the 25 original? 315 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047691 1 A Yes . 2 Q Dr. Kelly, will you read into the record the 3 last two paragraphs of the document, or let me state the 4 last paragraph on page one and the first full paragraph 5 on page two. 6 A The last paragraph of page one and the first 7 paragraph of page two? 8 Q Yes. 9 A "MCC's position," that's Monsanto Chemical 10 Company, "can be summarized in this fashion. We know 11 Aroclors are toxic, but the exact limit has not been 12 precisely defined. It does not make too much 13 difference, it seems to me, because our main worry is 14 ...if an individual develops any type of liver disease 15 and gives a history of Aroclor exposure. I am sure the 16 juries would not pay a great deal of attention to 17 MAC's." 18 Second paragraph. "We, therefore, review 19 every new Aroclor use from this point of view. If it is 20 an industrial application where we can get air 21 concentrations and have some reasonable expectation that 22 the air concentrations will stay the same, we are much 23 more liberal in the use of Aroclor. If, however, it is 24 distributed to householders where it could be used in 25 almost any shape or form and we are never able to know 316 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047692 1 how much of the concentration they are exposed to, we 2 are much more strict. No amount of toxicity testing 3 will obviate this last dilemma; and, therefore, I do not 4 believe any more testing would be justified." 5 Q Dr. Kelly, you state in the document, "We know 6 Aroclors are toxic." By "Aroclor," you're referring to 7 PCBs; correct? 8 A Yes, sir. 9 Q Did you put on any of the labels the 10 information "PCBs are toxic"? 11 A No, sir. All chemical All industrial 12 chemicals are toxic. It depends on the exposure. That 13 would mean we'd put that every industrial chemical in 14 the United States made by every company would have the 15 word "toxic" on it. It would immediately lose its 16 warning capabilities. 17 Q Did you put on the label that PCBs must only be 18 used where air concentrations of PCBs can be obtained to 19 assure a safe exposure? 20 A No, sir. We arrived at a safe exposure by 21 saying, "Do not breathe at elevated temperatures or in 22 confined spaces," and we had no problems from our 23 customers at all in 38 years in the electrical fluid 24 business. What few exposures we had that were due to 25 ignoring our ignoring the caution labels were not in 317 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047693 1 electrical fluids, and they did cause systemic effect in 2 those three or four cases that I mentioned. 3 Q Dr. Kelly, you could have stated on the label 4 what you calculated the maximum air concentration to be 5 in parts per million; correct? 6 A Yes, I could. 7 Q You could have told the worker that this 8 product is safe at whatever the calculation is, which I 9 believe on direct examination you said two parts per 10 million. You could have told them that? 11 A Well, first of all 12 A I'm not sure of that two parts per million 13 because I did not equate at that time, yesterday or 14 whenever it was, weight versus volume. So 15 Q I understand that. 16 MR. DAVIDSON: I object. You said on direct 17 examination. I think it was on your earlier 18 cross examination. 19 Q All right. On cross examination I believe you 20 stated that .5 milligrams per cubic meter was two parts 21 per million? 22 MR. DAVIDSON: Object. 23 Q But I'd have to go back and read that. 24 A Well, if I did say that, I do not believe I was 25 correct in equating weight versus volume. 318 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047694 1 Q All right. But whatever the figure calculated 2 to be, whether it was one part per million, two parts 3 per million or 20 parts per million, you could have put 4 on the label that in the opinion of Monsanto Company 5 this product is safe at 20 parts per million or one part 6 per million, whatever it is, and dangerous above that 7 level; correct? 8 A Well, in the first place, I would have to put 9 on If I used that figure, I'd have to put on for an 10 eight hour working day for a 40 year work experience. 11 The worker would look at that. In my experience with 12 the workers, he would ignore it. I protected him. If 13 he followed the caution labels, caution material on the 14 labels, he would be protected. In our other information 15 that went out in bulletins, we did put the MAC on, which 16 went to the scientists or the research people of the 17 buying public. 18 Q You knew what the safe level was in your 19 opinion. You did not put that on the label. Fair 20 statement? 21 A Yes. I repeatedly said that the material to 22 put on a label is what will prevent you from getting any 23 harm. What we put on the label in our caution 24 statements, it was short enough that the worker would 25 read it, and he obviously went along with it because we 319 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047695 1 had no cases of reported illness from any of our 2 customers in the electrical field. 3 Q That doesn't include to this day; does it? 4 MR. DAVIDSON: Object. 5 A With the exception of chloracne. 6 Q Have you had a recorded case of terminal brain 7 cancer from exposure to PCBs? 8 MR. DAVIDSON: I object. It's irrelevant 9 A Have I? 10 Q Yes . 11 A I've seen it in the literature, yes. In 12 isolated cases I've seen brain tumors. 13 Q Have youever participated in a deposition 14 where the complaint alleged that there was a brain 15 cancer caused by exposure to PCBs? 16 A Well, I don't know whether the case was caused 17 or associated with. The Archbishop of St. Louis just 18 died of a brain cancer. Should we say that's due to the 19 wine he used saying Mass? It's associated with it, so I 20 do not believe that cause has been established. 21 Q Dr. Kelly, in your 1955 document, which is 22 Plaintiff's Exhibit 4, you state, "If, however, it," 23 meaning PCBs, "is distributed to householders where it 24 can be used in almost any shape and form, and we are 25 never able to know how much of the concentration they 320 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047696 1 are exposed to, we are much more strict." Explain to 2 the jury how you were much more strict with regard to 3 householders using PCBs as opposed to workers in an 4 industry setting. 5 A Certainly. We never did sell it for household 6 use. I don't know what England was going to do with it 7 over there. That was a European use for it, for PCBs, 8 and we never I didn't know what they were going to do 9 with it. They maybe were going to have something that 10 would be in a household. We certainly would be much 11 more strict; in fact, we wouldn't use it at all. 12 Q Well, Dr. Kelly, maybe I don't understand what 13 you wrote. 14 A I'll be happy to explain it. 15 Q But this tells me that when you, as of 1955, 16 distributed it, distributed PCBs to householders, where 17 it can be used in almost any shape and form, and you, 18 meaning Monsanto, are never able to know how much of the 19 concentration they are exposed to, we are much more 20 strict. 21 A May I see it? Because I do not believe I said 22 that we distributed it to household use. 23 Q Start with the word "if". 24 A "If, however, it is distributed to householders 25 where it can be used in almost any shape and form and we 321 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047697 1 are never able to know how much the concentration 2 they're exposed to, we are much more strict." This does 3 not say at all that we ever distributed it to 4 householders. It said "if". 5 Q How are you much more strict? 6 A We didn't sell it for it. We wouldn't do it. 7 Q Why would you not sell it to a householder who 8 could not obtain a Maximum Allowable Concentration? 9 A Because we didn't know It wasn't a question 10 of a Maximum Allowable Concentration. We did not know 11 what his exposure was going to be. We did not know how 12 his exposure would be supervised. We knew what could 13 happen in industry, but we didn't know what was going to 14 happen in a thousand kitchens. 15 Q Did you sell PCBs to be used in swimming pool 16 paint? 17 A Yes. 18 Q Did you sell PCBs and could that be used by a 19 householder? 20 A Yes. It would be in the swimming pool. 21 Q And did you sell PCBs to be used in epoxies? 22 A I do not know. 23 Q Did you sell PCBs to be used in resins? 24 A I don't know that. 25 Q Did you sell PCBs to be used in paints? 322 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047698 1 A Yes. But, remember, you are quoting uses where 2 the PCB is incorporated in a material where its use 3 would not be expected to be volatilized or its use would 4 not be expected to be taken internally. It is true in 5 some paints we found out afterwards that there was 6 exposure to animals, and so we withdrew it from that. 7 Q Did you sell PCBs to be used in insecticides to 8 extend the kill life? 9 A I don't know if we ever sold it. This was a 10 use that the Department of Agriculture first started and 11 they distributed it, and it was in one of our bulletins 12 at one time quoting the Department of Agriculture. It 13 was used by professional exterminators. We never did 14 make a large sales effort on that material. 15 Q Did you sell PCBs to be used on the inside of 16 silos which contained silage fed to cattle and milk 17 cows ? 18 A Used and incorporated in the paint, yes. 19 Q Did you sell PCBs for nonindustrial use? 20 A Did we? 21 Q Yes. 22 A It all depends what you mean by industrial use. 23 If you mean swimming pool paint, and I frankly do not 24 recall the formulation of a swimming pool paint. 25 Certainly the paint in silos, the farmer didn't paint it 323 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047699 1 himself. It was painted by an industrial organization 2 who painted the silos. 3 Q Your testimony is, Dr. Kelly, that a farmer 4 couldn't get a substance known as Cumar, which contained 5 your polychlorinated biphenyls, and he himself paint the 6 inside of his silo? 7 MR. DAVIDSON: I object. That's total 8 speculation. 9 A I don't know whether he could or not. 10 Q Well, you just said that the farmer wouldn't 11 paint the silo. 12 A Well, I think that that's pretty true. Farmers 13 are farmers; they are not painters. 14 Q Are they electricians? 15 A No. But they do electrical work. 16 Q Are they carpenters? 17 A Certainly. 18 Q Are they fence builders? 19 A Yes. 20 Q So the way you were more strict in controlling 21 PCBs for household use was you didn't sell it for 22 household use? 23 A We have never sold it for household use. Now, 24 if painting a swimming pool comes under household use, 25 that is a we did sell it for that, yes. But again I 324 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047700 say I do not know the formulation of it, I do not know whether the PCBs could be released from that paint, and I know that most swimming pools are outside, and the chances of getting any significant exposure from that use was very minimal. Q Were you concerned about lawsuits in 1955? A Not as much as I am in 1994, but I think there I was speaking of I was a little outside my realm there. Q Well, when you say in the letter, "I am sure the juries would not pay a great deal of attention to Maximum Allowable Concentrations," are you talking about a jury in a lawsuit involving injuries from PCBs? A Well, I wasn't talking about any specific jury because at that particular time when this was in 1955 we had no cases of any injury or any jury cases concerning the use of PCBs. I probably should have left that statement to our lawyers rather than getting outside my field. Q Dr. Kelly, referring you to Exhibits 19, 20, 21 and 21 A, do you make any reference on those exhibits that PCBs can be contaminated with chlorinated furans? A No, sir, I do not. Q Did you ever issue a communication to a user that PCBs could be contaminated with chlorinated furans 325 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047701 1 during the time period you were medical director at 2 Monsanto? 3 A No, I did not. In the first place, the first 4 time anyone even there was any literature referenced 5 to the presence or absence of furans in PCBs was Vos' 6 work at the Netherlands, I believe, where he did not 7 find it in ours but found it in other European PCBs. By 8 the time I left the company in 1974, I have no evidence 9 of any PCBs being present any furans being present in 10 our PCBs. I may have looked for it, but I do not recall 11 I am quite sure I saw no reports saying we found it. 12 Q Dr. Kelly, I hand you what you earlier what 13 earlier was identified as Plaintiff's Exhibit 2, and I 14 will ask you to read the last sentence of the first 15 paragraph on page two or what is Bates stamped 105580 16 into the record. It begins with "Oettel believes". 17 A Yes. To be completely I'm here to tell the 18 whole truth. This is a memorandum about chloracne cases 19 at Badische in Germany and Monsanto plant at Nitro, both 20 of which have nothing to do with PCBs, and the only 21 mention of PCB's in this three page memorandum is a 22 statement quoted by Wheeler from Oettel. Now, here's 23 the statement. "Oettel believes further that this 24 impurity," I'm not sure which impurity he's talking 25 about because he mentions one impurity by name and a 326 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047702 1 different impurity by diagram, "that this impurity can 2 show up in the production of any chlorinated phenol and 3 is probably responsible for any chloracne which is due 4 allegedly to chlornapthalenes, pentachlorphenol, 5 chlorinated biphenyl, et cetera." Is there a question? 6 Q Yes. That memo was authored by Elmer Wheeler 7 in 1955; is that correct? 8 A Yes, sir. 9 Q And it was sent 10 MR. DAVIDSON: I believe it's '56. 11 Q What was the date of the memo? 12 A '56. June 12th, '56. 13 Q And it was sent to you? 14 A Yes, it was. 15 Q The statement you have just read makes 16 reference to an impurity. 17 A Yes, sir. 18 Q I want you to tell us what you believe that 19 impurity is from the document itself. 20 A From the document? 21 Q Yes. 22 A What I believe now or what I believed then? 23 Q No. What you believed then when you read the 24 document. 25 A I didn't know what to make of it. 327 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047703 Q Could that impurity have been a chlorinated furan as diagrammed on page two? A I don't know because even the diagram, he says "somewhat similar to it". I don't know what he was talking about. Q Dr. Kelly A He did not say it was a Q Could that impurity have been what is diagrammed on that page? A But that isn't what he said. It could have been, yes. Q It could have been. A But Oettel says it's somewhat similar. It's a compound somewhat similar to dibenzofuran. Q Doesn't Dr. Oettel state it's somewhat similar to a chlorinated diphenyl? A Oxide. Q Oxide. Certainly a chlorinated diphenyl oxide is not a chlorinated furan; is it? A No, but the diagram right next to it is a chlorinated dibenzofuran Q So what Dr. Oettel described to Wheeler and which he diagrammed A Who's "he" now? Q Wheeler. 328 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047704 1 A Wheeler, yes. 2 Q in sending this letter to you was what you 3 knew then and know now to be a chlorinated furan? 4 A No, that isn't true. I know now it is, but I 5 didn't know then. And, anyway, he did not say it was a 6 chlorinated dibenzofuran. He said it's a compound 7 somewhat similar to it. 8 Q So you did not know that what he diagrammed in 9 that document was a chlorinated furan, Dr. Kelly? 10 A Sure, I know what he diagramed it. The diagram 11 is a chlorinated dibenzofuran, but that isn't what 12 Oettel said. He said that he believes 13 Q Read what he says . 14 A What? 15 Q Read what he says . 16 A Oettel believes that the most potent carcinogen 17 is a compound somewhat similar to chlorinated diphenyl 18 oxide, then he draws a furan, but probably with 19 additional oxygen atoms and molecules, all of which 20 certainly does not give me any positive information that 21 there is 22 Q Dr. Kelly 23 A that there's a chlorinated dibenzofuran. 24 Q Dr. Kelly, for therecord 25 A Especially since he's talking about an 329 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047705 1 agricultural chemical, 2,4,5 T. 2 Q Dr. Kelly, I believe you said carcinogen, and 3 you meant chloracne. 4 A Yes. That's true. I'm sorry. 5 Q What did you mean to say instead of carcinogen? 6 A Chloracne. 7 Q Chloracne. Okay. 8 A Although his first statement was Oh, 9 chloracnogen. That's the same thing. 10 Q And, Dr. Kelly, in conjunction with that 11 document, you reviewed Plaintiff's Exhibit 3, which 12 is which consists of notes from a meeting; correct? 13 A From a meeting sometime, yes. 14 Q And you said that meeting would have been in 15 1960 or 1956; you're not sure which? 16 A I'm not sure which. 17 Q In thatdocument, Dr. Kelly, toxicological 18 testing was done for chlorinated furans; is that 19 correct? Refer to the last page. 20 A By who? By Oettel? 21 Q Yes . 22 A Let's see if he says that. 23 Q Dr. Kelly, I don't have a copy in front of me, 24 but I believe on the second to the last page there is a 25 description of the toxicological testing that was done. 330 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047706 1 A Yes, sir. He talks about testing diphenylene 2 oxide, diphenylene dioxide, tetrachloronaphthalene and 3 trichlorophenol, all agricultural chemicals or byproduct 4 raw materials except the contaminants. 5 Q Dr. Kelly, is tetrachlorodiphenylene oxide one 6 and the same as chlorinated furan? 7 A It's one of the chlorinated furans, yes, sir. 8 Q And that document describes the acute toxicity 9 of that chemical; correct? 10 A Yes, sir. 11 Q And its acute toxicity is described as what? 12 A A tenth of a milligram per kilogram. 13 MR. DAVIDSON: I'm going to object to this 14 entire line of questioning. We went over this in some 15 detail in the prior day of examination, and we don't 16 seem to be talking about anything different. I think 17 he's testified to all of this stuff before, and I object 18 to continuing. 19 Q Dr. Kelly, I believe we earlier calculated that 20 that would equal 100 parts per billion. 21 MR. DAVIDSON: I'll object. 22 A As I said earlier today, I did not take into 23 account the difference between Well, here is by 24 mouth. This has got nothing to do with One tenth of 25 a milligram What did you say is what? 331 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047707 1 Q 100 parts per billion. 2 A Well, a milligram is a thousandth of a gram, 3 and I don't exactly know how we go from there to say 4 that's one part per million. If I said that in 5 reference to air, I was wrong as far as calculating 6 weight and volume. 7 Q Dr. Kelly, I believe you said that would be 8 one tenth part per million. 9 A Per million what? 10 MR. DAVIDSON: I'm going to object again to 11 the repetitiveness and the deportation of all of this, 12 and if you will give me a continuing objection, unless 13 it just gets to be too much. 14 Q All right. Dr. Kelly 15 MR. DAVIDSON: Do I have a continuing 16 objection? 17 MR. McCREA: You do, yes. 18 Q Did you ever warn a user of PCB products about 19 the acute lethal toxicity of chlorinated furans? 20 A No, sir, I did not because we had tested the 21 complete PCBs that we sold the man, and it was a mild 22 toxicity, mild to moderate toxicity, and the presence of 23 trace amounts of parts per million in the complete PCBs 24 was not relevant to the toxicity of the material as a 25 whole. 332 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047708 1 MR. DAVIDSON: We've been going about an hour 2 and 15 minutes or a little less now. You had initially 3 said you had 30 more minutes. Are you close to winding 4 up, or do we need to take a break? 5 MR. McCREA: Yes. Well, I think I said I 6 don't recall exactly how long I anticipated this would 7 take, but if Dr. Kelly would like to take a break 8 Would you like to take a break, Dr. Kelly? 9 THE WITNESS: I think so. 10 MR. McCREA: All right. 11 (Reporter marked Plaintiff's Exhibit 5.) 12 Q Dr. Kelly, I hand you Plaintiff's Exhibit 5. 13 MR. DAVIDSON: May I see that? 14 Q Can you identify the exhibit? 15 A Yes. It's a letter from Mr. Papageorge of the 16 Monsanto Company to Mr. Jenkins of the Sprague Electric 17 Company. 18 Q Have you Did you see that document on or 19 about the date it was authored, July 8, 1970? If you 20 know. 21 A I don't know. I'll have to read it, but I'm 22 not listed as a carbon. 23 Q All right. 24 A I doubt if I've seen it. 25 Q All right, sir. Excuse me for walking around 333 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047709 1 here, Dr. Kelly, but I just have one copy of this. I 2 direct your attention to page two under the paragraph 3 marked "Disposal," starting with the sixth sentence, 4 which states "temperatures must exceed". Would you read 5 that sentence and the next sentence into the record? 6 A Why don't I read the whole paragraph? 7 Q Well, if you 8 A All right. I'll just read your part. 9 "Temperatures must exceed 1600 degrees F to assure that 10 complete destruction is achieved. Lower temperatures 11 would only vaporize the Aroclors and create atmospheric 12 pollution or, worse yet, would form a partial oxidation, 13 materials which could be highly toxic. That is, furans 14 and dioxins." 15 Q Dr. Kelly, what is the date of that document? 16 A July the 7th July 8th, 1870. 17 Q During the time that you 18 MR. DAVIDSON: I think you said 1870. 19 THE WITNESS: 1970. 20 MR. DAVIDSON: Okay. 21 Q Dr. Kelly, during the time that you were 22 medical director for Monsanto Company and responsible 23 for the preparation of labels and communications to your 24 customers, did you ever issue a communication that 25 highly toxic chlorinated furans and chlorinated dioxins 334 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047710 1 could be formed by vaporizing PCBs? 2 A No, sir, I did not. 3 (Reporter marked Plaintiff's Exhibit 6.) 4 Q Dr. Kelly, during the time period that you were 5 medical director for Monsanto Company, did you ever 6 issue a communication to your customers and users of 7 Monsanto's PCB products that high concentrations of PCB 8 vapors can cause irritation of the eyes, nose, throat 9 and upper respiratory tract? 10 A I think in some of our bulletins, and I know 11 that I've written to individuals in these companies when 12 they would ask for more information about PCBs. 13 Q Dr. Kelly, on Exhibits 19, 20, 21 and 21 A, do 14 you include the language that high concentrations of 15 vapors can cause irritation of the eyes, nose, throat 16 and upper respiratory tract? 17 A Which ones are we talking about? 18 Q The labels, 19 through 21 A. 19 A Let's take them one at a time. 20 Q All right, sir. 21 A It is not on 19 on No. 21. It is not on 22 21 A. It is not on 20. And I don't know what's 23 happened to No. 19 unless we put it back here. 24 Q Dr. Kelly, this is the same as 19. 25 A No, sir, it is not on there. I put on these 335 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047711 1 all these labels information that would prevent 2 irritation. 3 Q Dr. Kelly, during the time period that you were 4 medical director for Monsanto Company, did you know that 5 high concentrations of PCB vapors can cause irritation 6 of the eyes, nose, throat and upper respiratory tract? 7 A Yes. 8 Q And, Dr. Kelly, what is meant by a high 9 concentration? 10 A I would say probably one or two milligrams per 11 cubic meter of air. That would be the concentration 12 where the material was at an elevated temperature and in 13 a confined space. 14 Q So the high concentration would exceed the 15 Maximum Allowable Concentration for Aroclor 1254, which 16 is .5 milligrams per cubic meter of air, and Aroclor 17 1242, which is one milligram per cubic meter of air? 18 A Well, I'm not certain that would be Suppose 19 That's a speculation on my part. I do not know what 20 the irritating level of Aroclor 1254 is. I do know that 21 it has to be elevated exposed to elevated 22 temperatures. I do know that you can have a bucket of 23 Aroclor 1254 in this room at ambient temperatures and 24 nobody here would get any irritation of the eyes, nose 25 or throat. 336 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047712 1 Q Dr. Kelly, isn't it a fact that you knew when 2 workers experience irritation of the eyes, nose, throat 3 and upper respiratory tract they, in fact, are being 4 exposed to ambient levels of PCBs above Monsanto's 5 Maximum Allowable Concentration? 6 A I knew? 7 Q Yes. 8 A First of all, you're saying Monsanto's Maximum 9 Allowable Concentration. The Maximum Allowable 10 Concentration or the TLV was one that was set not by 11 Monsanto, but by the American Conference of Government 12 Industrial Hygienists, and I do not know of anybody, any 13 worker, getting an irritation of the eyes, nose and 14 throat from ambient temperatures of PCB. 15 Q In the history of the use of PCBs at Monsanto 16 Company, General Electric, Westinghouse and all other 17 companies, you don't know of any instance in which a 18 worker experienced irritation of his eyes, nose, throat 19 and upper respiratory tract from exposure to ambient 20 levels of PCBs; is that correct? 21 A That's correct. 22 (Reporter marked Plaintiff's Exhibit 7.) 23 Q Dr. Kelly, earlier we discussed an IBT 24 protocol. 25 A Yes, sir. 337 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047713 1 Q And that protocol was dated 1968, and I made 2 specific reference to a page that is Bates numbered MONS 3 072693. Do you recall that? 4 A Yes. 5 Q I hand you that page from the IBT exhibit. 6 MR. DAVIDSON: Has that been marked as an 7 exhibit? 8 MR. McCREA: Yes. 9 THE WITNESS: Seven. 10 MR. McCREA: The original document was part of 11 your part of your exhibit. 12 MR. DAVIDSON: I understand. We're skipping 13 six? 14 MR. McCREA: Yes. 15 MR. DAVIDSON: Okay. 16 Q (By Mr. McCrea) Dr. Kelly, is that the page 17 that we referred to earlier? 18 A Yes, sir. 19 Q From IBT? 20 A Yes, sir. 21 Q Dated 1968. And in that study in 1968, IBT was 22 going to do pathological examinations of all those 23 tissues and organs? 24 A Yes, sir. 25 Q And who made the decision at Monsanto Company 338 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047714 1 that that study was necessary? 2 A I think I made the ultimate decision. 3 Q Before 1968, did you ever inform a customer or 4 user of Monsanto's PCB products that there were no 5 studies with respect to the toxicity of PCBs on these 6 tissues and organs? 7 A No, sir. That's not really correct because 8 there was some of the There was toxicity studies done 9 by Drinker and pathological examination of some of these 10 organs. There was chronic inhalation study by Treon and 11 examination of some of these organs. But there was not 12 a two year long term feeding test carried out because it 13 was an industrial chemical and there was no necessity 14 for doing it. 15 Q Dr. Kelly, during the time that you were 16 medical director for Monsanto Company, did you ever 17 focus attention on PCB's harmful effects in the 18 environment? 19 A Yes. When it was found in the environment. 20 Q When were PCBs found in the environment? 21 A Late '66, I believe. '66 or '67. 22 (Reporter marked Plaintiff's Exhibits 8 and 9.) 23 Q Dr. Kelly, on August 29, 1960, what was the job 24 of Jack T. Garrett at Monsanto Company? 25 A He was a member of the medical department. He 339 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047715 1 was in industrial hygiene. 2 Q Did you and Dr. Garrett as of 1960 ever discuss 3 the potential adverse effects on the environment 4 presented by your PCB chemical? 5 A I don't know if we ever did. I have no 6 recollection of it. In when? 19 which? 7 Q 1960. 8 A I have no recollectionof anythinglike that. 9 Q I'm going to hand you what is marked as 10 Plaintiff's Exhibit 8, and I will first ask you if you 11 can identify the document. 12 A Yes, sir. I've read it. 13 Q Can you identify the document? 14 A This is a letter of Mr. Garrett to a Mr. Pacini 15 of the Chicago Pneumatic Tool Company talking about 16 Pydraul fluids, which are not electrical applications. 17 Q Is that a PCB product? 18 A They may or may not. I don't know if all 19 Pydrauls are PCBs. 20 Q Dr. Kelly, would you read the third sentence of 21 paragraph two into the record? 22 A "If the material is discharged in large 23 concentrations, it will adversely effect the organisms 24 in the bottom of the receiving stream, which will effect 25 the aquatic life of the stream." 340 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047716 1 Q Dr. Kelly, assuming that Jack Garrett is 2 referring to PCBs, did you ever issue a warning that 3 reflected that information? 4 A No, sir, I did not. I did not know how 5 accurate Jack was on that. 6 Q To your knowledge, did Monsanto Company ever do 7 any testing to determine the effects of its PCBs on 8 fish? 9 A Yes, they did. 10 Q In what year did you first do the testing? 11 A I know It was either the late '60's or the 12 early '70's. I don't know when. 13 Q Dr. Kelly, I hand you what is marked 14 Plaintiff's Exhibit 9. Can you identify the exhibit? 15 A Yes. This is a letter from a David Wood to 16 George Buchanan in St. Louis concerning Aroclors in 17 Sweden together with a letter of a memorandum of 18 somebody from Rising and Strausberg (sic.), I don't 19 know, to Mr. Wood in our Brussels office. 20 Q Have you seen that document before today's 21 date? 22 A Yes. I was given sent a copy of it. I'm on 23 the If the attachment was with it then. Well, yes. 24 I presume the attachment was there. I'm shown as 25 receiving a copy, so I must have seen it then. 341 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047717 1 Q Dr. Kelly, by "then," you're referring to what 2 date? 3 A December 1966. 4 Q Who is David Wood? 5 A I don't know what his position was. He was 6 somebody in our Brussels office. I really don't know 7 whether he was in the sales department, the development 8 department or what. I just don't know. 9 Q Why did Monsanto have an office, or what was 10 the function of the office in Brussels? 11 A To sell chemicals in Europe. 12 Q What chemicals were manufactured or what 13 chemicals were sold in Europe? 14 A I don't know that. I mean, we manufactured 15 chemicals in several places in Europe. 16 Q Did you sell polychlorinated biphenyls in 17 Europe? 18 A Yes. We were Along with about five other 19 European companies, we manufactured PCBs and sold them. 20 I don't know We did not have the monopoly on the 21 market that we had in the United States. 22 Q All right. Dr. Kelly, excuse me again for 23 hanging over your shoulder here. 24 A No problem. 25 Q Would you read into the record the fourth full 342 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047718 1 paragraph on page two, which is Bates numbered STR 2 excuse me 017392 with another Bates stamp 0 3 S000197. The fourth paragraph, sir, beginning "Mr. 4 Jensen". 5 A Yes. "Mr. Jensen has also examined the hair of 6 his family and himself and has found PCBs on all 7 samples. Most PCBs were found in the hair of his wife, 8 but most sensational was that the girl aged five months 9 had more PCB in her hair than her brothers and sisters 10 of three and six years. Probably the girl had gotten 11 poisoned via the mother's milk." 12 Q Dr. Kelly, describe what Monsanto Company did 13 when it received the information in that paragraph. 14 MR. DAVIDSON: Well, it didn't just receive 15 the information in the paragraph. It received all the 16 information in the document. 17 A Well, this was information that they had 18 received that Jensen had found it in the fish, and I 19 believe they had information that was listed in this 20 particular paragraph. I'll have to read some more about 21 this. Also in this article they talk about the PCBs is 22 not imported, so that presumably the use of PCBs was 23 from European sources. What they did was They did a 24 number of things. 25 Q When you say "they," you're referring to 343 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047719 1 A Monsanto. Even though we were not sure that 2 this was an Aroclor problem, it was a PCB problem, they 3 did not Monsanto did not know know where the PCB was 4 coming from. Was this from an outflow of some of the 5 manufacturing sites in Europe? We did not manufacture 6 the material in Sweden. France was close to there. 7 Germany was close to there. So they started looking 8 around in the United States to see what the material 9 where the material could be found. At that particular 10 time we did not, as I remember, have the same expertise 11 or the same equipment that Jensen had, but we did 12 discuss this with the authorities in the United States 13 Department of Agriculture. I'm not sure about the 14 Department of Agriculture, the Department of Fish and 15 Wildlife, and we started doing biodegradation studies. 16 I don't know the exact date of that. 17 Q Dr. Kelly, with regard to the paragraph that 18 you read into the record, which states in part well, 19 states in total, "Mr. Jensen has also examined the hair 20 of his family and himself and has found PCB on all 21 samples. Most PCB was found in the hair of his wife, 22 but most sensational was that the girl age five months 23 had more PCB in her hair than her brothers and sisters 24 of three and six years. Probably the girl had got the 25 poison via the mother's milk." Did you at any time that 344 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047720 1 you were medical director for Monsanto Company following 2 this communication on December 1, 1966, issue a 3 communication that reflected this information? 4 A That what? 5 Q That reflected this information that a child 6 could receive the PCB poison from her mother's milk. 7 A No, sir. Remember now, we are talking not 8 about Monsanto's PCBs. We are talking about a European 9 PCB, because it says in the course in the other parts 10 of this letter that Sweden did not import any PCBs. We 11 did not know at this time whether this was a 12 particularly a problem particular in the European 13 community, whether these What the exposure of 14 Jensen's family was we did not know. We knew that it 15 was being looked at by the government authorities over 16 there. And we To answer your question, I did not 17 take this particular statement of what happened in 18 Europe and put it in our bulletins to the United States 19 at that particular time. I don't think we ever put it 20 in, but we did any number of things to cut down the 21 exposure in the United States. 22 Q Dr. Kelly, when did you, and by "you" I mean 23 you yourself, first learn that PCBs were in mother's 24 milk in women in the United States? 25 A I don't know. I think sometime after 1970, but 345 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047721 1 I don't know exactly when. 2 Q Dr. Kelly, after this communication on December 3 1, 1966, when did Monsanto Company first restrict its 4 sale of PCBs? 5 A Late '69 probably or. . . 6 Q Dr. Kelly, when did you firstlearn about the 7 concept of bio concentration of chemicals and 8 specifically chlorinated hydrocarbons? 9 A Probably 10 MR. DAVIDSON: What do you mean by 11 bio concentration? 12 Q Dr. Kelly, what is bio concentration of 13 chlorinated hydrocarbons? 14 A Well, I don't know what you mean by it, but 15 what I mean is If you mean by accumulation, that's 16 one thing. If you mean the increase in concentration 17 between one species and the other, depending on the food 18 chain, that's something else. What do you mean? 19 Q I mean the increase of PCBs as it relates to 20 the exposure to PCBs. In other words, if you have one 21 level in the water, you have a bio concentrated level in 22 the aquatic organisms or the fish. 23 A I would say sometime in late '69 or early '70. 24 Q Did you read the book Silent Spring by Rachelle 25 Carson? 346 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047722 1 A Yes, I did. 2 Q And did that book talk about the 3 bio concentration of chlorinated hydrocarbons? 4 A I do not know whether it did or not. It 5 certainly didn't talk about PCBs. 6 Q Did it talk about DDT? 7 A Yes. 8 Q Did it talk about chlorinated hydrocarbons 9 A I don't recall. 10 Q used as insecticides? 11 A I don't recall. 12 Q Dr. Kelly, when did you first learn that 13 mother's milk bio concentrates PCBs in the 14 MR. DAVIDSON: I object again. 15 Q in the human body? 16 MR. DAVIDSON: I object again to the use of 17 the term "bio concentrate". 18 Q Strike the question. Do PCBs bio concentrate 19 in mother's milk? 20 A I don't know. 21 MR. DAVIDSON: Move to strike. 22 A I still don't know what you mean by 23 bio concentrate. 24 Q Is the level of PCBs in the human body higher 25 in fat than it is in the blood? 347 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047723 1 A Yes . 2 Q And you testified earlier that it was a 3 thousand times higher in the fat than the blood? 4 A Yes. 5 Q And are levels And when did you know that? 6 A Probably, again, in the early '70's. '72 or 7 '73. 8 Q Are PCBs higher in mother's milk? Is the 9 concentration in PCBs higher in mother's milk than it is 10 in the blood of the woman? 11 A I don't know. I'd be speculating. 12 (Reporter marked Plaintiff's Exhibit 10.) 13 Q Dr. Kelly, I hand you Plaintiff's Exhibit 10. 14 Can you identify the exhibit? 15 A Yes, sir. 16 Q Did you author that? 17 A Yes, I did. 18 Q What is the date? 19 A March the 30th, 1970. 20 Q Dr. Kelly, earlier youdescribed Plaintiff's 21 Exhibit 4, which is a document that you also authored; 22 is that correct? 23 A Yes, sir. 24 Q In document four, which is dated 1955, you 25 state, "If, however, it," meaning PCBs, "is distributed 348 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047724 1 to householders, where it can be used in almost any 2 shape and form, and we are never able to know how much 3 of the concentration they are exposed to, we are much 4 more strict." 5 A Yes, sir. 6 Q Is that correct? 7 A That's correct. 8 Q Dr. Kelly, Plaintiff's Exhibit No. 10 relates 9 to a nonindustrial use of PCBs; does it not? 10 A I don't know if your term is correct. I don't 11 know if painting a silo is nonindustrial. It all 12 depends on what you mean by industrial. 13 Q When did Monsanto first sell PCBs to be used as 14 a coating in silos which store silage which is fed to 15 cattle and milk cows? 16 A I do not know. 17 Q The document, which you authored in 1970, 18 reflects a problem of PCBs leaching or flaking from the 19 coatings of silos and then contaminating silage which is 20 eaten by milk cows and shows up in the milk; is that 21 correct? 22 MR. DAVIDSON: I object to the factual basis 23 for counsel testifying as to what all that means. 24 Q Is that a fair summary of the document? 25 A I lost my concentration. Do you mind going 349 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047725 1 back with it? 2 Q Yes. The exhibit you have in your hand, which 3 is dated 1970, describes a situation where PCBs leached 4 from the coatings of silos, contaminated silage eaten by 5 milk cows, which then contaminated the milk. 6 A Yes, sir. 7 MR. DAVIDSON: I'll object again, and I will 8 also add an objection as to the relevance of this 9 document as to the claims of Mrs. Fisher. 10 Q Is that correct? 11 A Yes, sir. 12 Q Would you read the last paragraph of that 13 document into the record? 14 A Yes, sir. "This brings us to a very serious 15 point. Are we going to tell our customers not to use 16 any Aroclor in any paint formulation that contacts food, 17 feed or water for animals or humans? I think it's very 18 important that this be done. It may be that some of the 19 customers will assure themselves on the basis of 20 nonextractability that a particular formulation might be 21 safe, but I think we should make a blanket 22 recommendation against these uses." 23 Q And, Dr. Kelly, that document is 15 years after 24 Exhibit 4 in which you state, quote, excuse me, "If, 25 however, PCB is distributed to householders, where it 350 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047726 1 can be used in almost any shape and form, and we are 2 never able to know how much of the concentration they 3 are exposed to, we are much more strict"? 4 A Yes, sir. 5 Q Dr. Kelly, when you state, "When are we going 6 to tell our customers not to use any PCB in any paint 7 formulation that contacts food, feed or water for 8 animals or humans?" you're making reference to a 9 statement in 1970; is that correct? 10 A Yes, sir. 11 Q And when did you inform your customers not to 12 use the paint formulation? 13 A I talked to Bill Papageorge. He call me after 14 he got this memorandum and said, "Emmet, we have 15 you're out of the loop as far as we're communicating 16 with you. We have sent letters out to all our customers 17 not to use," just what you said in your last paragraph. 18 He said, "It's already been done." So it was sometime 19 between January the 1st, 1970 and March the 30th, 1970. 20 Q And, Dr. Kelly, how did you communicate to the 21 farmers in the United States that there was a problem of 22 PCBs leaching from the silos into the silage and getting 23 into milk? 24 A I think it was done through the state 25 agricultural departments. I myself did not do that. 351 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047727 1 Papageorge did. 2 Q You did not issue any communications to the 3 farmers ever? 4 A I? 5 Q Yes. 6 A I did not. 7 Q And Monsanto Company never issued any 8 communications to the farmers? 9 A I don't know if they did or not, but we 10 certainly talked to the state people and they got the 11 word out to the farmers. 12 Q Dr. Kelly, I hand you what is marked as 13 Plaintiff's Exhibit 6. Can you identify 14 MR. DAVIDSON: May I see this, please? 15 MR. McCREA: Yes. 16 A Could I 17 Q Can you identify the exhibit, Dr. Kelly? 18 A This is a bulletin put out by the American 19 National Standard, "Guidelines for the Handling and 20 Disposal of Capacitor and Transformer Grade Askarels 21 Containing Polychlorinated Biphenyls." 22 Q Dr. Kelly 23 MR. DAVIDSON: Do we have a date on that? 24 A Approved January 9th, 1974. But Yes, I 25 presume that's when it was published. I don't know 352 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047728 1 It doesn't say when it was published, but that's when it 2 was approved. 3 Q Have you seen that document before today? 4 A I may have. I don't know, frankly. 5 Q Dr. Kelly, when you treat a patient, do you 6 develop medical records? 7 A Yes. 8 Q What types of medical records do you develop in 9 the course of the treatment of a patient? 10 A The history, the physical, the laboratory 11 results, x ray results, and how the person and the 12 interval history of how he's getting along, whether he's 13 seeing any particular physicians, what type of work he's 14 done, what his ancestors have been, his recent family, 15 and if they've had any particular illnesses running in 16 the family. 17 Q Dr. Kelly, what is the usefulness of those 18 medical records to you as a doctor in treating a 19 patient? 20 A Well, it's useful because you find out what's 21 the matter with the man, with a person. You can't treat 22 the person unless you know what's wrong, if anything. 23 Q Dr. Kelly, on the document, there's a yellow 24 sticker. 25 A Yes, sir. 353 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047729 1 Q Do you see that? 2 A Yes. 3 Q Will you turn to the page where the sticker is 4 applied? 5 A Yes. 6 Q On that page, Dr. Kelly, do you see a paragraph 7 2.3 entitled "Risk"? 8 A Yes. 9 MR. DAVIDSON: Can I have the page number? 10 MR. McCREA: Page seven, Bates stamp K 11 0006367. 12 A K0 0 0 63 67. 13 Q Dr. Kelly, would you read into the record that 14 paragraph? 15 A Yes. "Risks. In the United States, medical 16 records over a nearly 40 year period showed that the 17 only adverse health effects experienced by U.S. workers 18 exposed to askarels, either during the manufacture of 19 these liquids or of electrical equipment containing 20 these liquids, have been limited to occasional cases of 21 nonchronic chloracne or other temporary skin lesions or 22 irritations." 23 Q Dr. Kelly, where are Monsanto's medical records 24 that are referenced in that paragraph? 25 A Where are what? 354 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047730 1 Q Where are Monsanto Company's medical records 2 that are referenced in that paragraph? 3 A He does not have a reference to anything other 4 in that particular paragraph. 5 Q Dr. Kelly, are you familiar with the study of 6 medical records from Monsanto Company that support that 7 statement? 8 A Am I familiar with the records? 9 Q With the study of the medical records from 10 Monsanto Company which support that statement. 11 MR. DAVIDSON: I'll object to this. This 12 doesn't say anything about these being Monsanto records 13 or involving Monsanto at all. It's the American 14 National Standards Institute, which was made up of a lot 15 of different people, a lot of different representatives 16 of government agencies and companies. There's no 17 indication particularly that this is based on any study 18 of Monsanto records. 19 MR. McCREA: Counsel, the document states 20 medical records during the manufacture of these liquids. 21 Monsanto Company was the only manufacturer of these 22 liquids; therefore, the medical records must by 23 definition include Monsanto Company in that it was the 24 only manufacturer in the United States. I would agree 25 with you if there were ten manufacturers of PCBs, but 355 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047731 1 there weren't. Dr. Kelly has stated that Monsanto 2 Company was the sole manufacturer of PCBs since it 3 purchased Swann Chemical in about 1935. 4 MR. DAVIDSON: You don't need to lecture me, 5 Mr. McCrea. I know what you're talking about. I know 6 what you're doing. I still say that that paragraph does 7 not reference Monsanto workers except by your inference. 8 Q Dr. Kelly, in paragraph 2.3, which describes 9 risks, it makes reference to medical records over a 10 nearly 40 year period show that the only adverse health 11 effects experienced by U.S. workers exposed to askarels, 12 either during the manufacture of these liquids or of 13 electrical equipment containing these liquids, have been 14 limited to occasional cases of nonchronic chloracne or 15 other temporary skin lesions or irritations. My 16 question to you, Dr. Kelly, is where are the medical 17 records from Monsanto Company that were studied to 18 support this statement? 19 A I do not know when they studied them, I do not 20 know whether the people who wrote this took 21 Dr. Kimbrough's statement that she wrote twice in two 22 different publications stating the same thing. I don't 23 know if they took hers. But the Monsanto records were 24 in the employee files of the Anniston plant, which 25 showed that none of the Monsanto people developed any 356 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047732 1 illnesses, and they were examined at yearly or 24 month 2 intervals. 3 Q Dr. Kelly, were you medical director at 4 Monsanto Company on the date this document was printed? 5 A Yes. Yes. 6 Q And the date the document was printed is what? 7 A January I don't know when it's printed. It 8 was approved January 9th of 1974. 9 Q And, Dr. Kelly, as medical director of Monsanto 10 Company, do you have any knowledge of a study of 11 Monsanto's medical records which support this statement? 12 A Well, it depends what you mean by a study. If 13 you mean by an epidemiological study, we did not do 14 one, but I know myself I went down and went and saw the 15 records, and I've talked to the doctor there and I've 16 talked to the nurse at the plants where we manufactured 17 these materials, and they did not have any undue amount 18 of illness that could be any illness that could be 19 attributed to the manufacture of PCB. 20 Q Dr. Kelly, are you aware of any medical records 21 of Monsanto's workers from their own private physicians 22 which were reviewed to support this statement? 23 A Whenever any employee came back from a 24 three day illness, he had in his record a statement from 25 his physician as to what his medical condition was. 357 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047733 Q Dr. Kelly, do you know who did the study of the medical records? A Well, I looked over them. I didn't make a study of them. If you mean did I publish it, no, I didn't do that. Q Do you know who did the study of the medical records as reflected in this paragraph? A No, I don't know that. I do not know whether he based it on medical records or he based it on authorities, such as Kimbrough. Q Dr. Kelly, the statement says in the United States medical records; does it not? A Well, maybe he did. Maybe somebody did. I didn't. Q Are you aware of any studies of medical records from any of your customers whose workers were exposed to PCBs ? A Well, there was an epidemiological study by Brown of General Electric. Q I'm talking on the date this was authored. A I don't know what Brown's study was. I don't know if that was after 1974 or not. But I don't know what records he did. Q Dr. Kelly A Maybe he had a lot more than we did. 358 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047734 1 Q Dr. Kelly, have you seen a single piece of 2 paper that describes a review of medical records of 3 Monsanto Company and its customers that supports this 4 statement? 5 A I haven't seen one, but that doesn't mean that 6 there may not be one. I don't know what the basis of 7 his statement was, but I do know that there were 8 authorities that were much more qualified than whoever 9 wrote these This statement that stated that there 10 were no illnesses in the I can attest to there were 11 no illnesses in the manufacturing. And obviously they 12 had someone else attest to the fact that there were no 13 illnesses attributable to PCBs in the users. Now, no 14 matter how you slice it, whether he has a written thing 15 or not, those are the facts. 16 Q But you've never seen anything in writing that 17 reflects any type of study of medical records that 18 supports this statement? 19 A No. But I have seen statements by authorities 20 that support this statement. 21 Q Before 1974? 22 A No, sir, not before 1974, but 23 (Whereupon, there was an off the record 24 discussion and video tape change.) 25 Q Dr. Kelly, I'm going to hand you what is marked 359 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047735 1 Plaintiff's Exhibit 1. The date of that document is 2 what? 3 A I do not know. There is a written date 4 6/24/65. 5 Q Did you author that document? 6 A Yes, I did. 7 Q Do you know the date it was authored? 8 A No, I don't. 9 Q Dr. Kelly, that document states in your words, 10 quote, "Very conceivably, dioxin can be a potent 11 carcinogen." Is that correct? 12 A Is the statement correct, or is the statement 13 in here? 14 Q Is what I'm telling you what you wrote? 15 A I wrote there,yes. I should not indulge in 16 speculation. 17 Q Dr. Kelly, is dioxin a chlorinated hydrocarbon? 18 A Yes. 19 Q Did you have products that contained dioxin? 20 MR. DAVIDSON: I object to the relevance of 21 the entire line of questioning and also the duplication 22 of your having asked it all on the prior deposition 23 days . 24 A At the time By the time I retired, I do not 25 know if we had physical evidence of dioxin in our 360 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047736 1 herbicide at our Nitro plant, which was not at all 2 similar to PCBs, but I did have knowledge of that. 3 Q Did you, and by "you" I mean Dr. Kelly, ever 4 issue a warning that dioxin could be a contaminant in 5 Monsanto's products and very conceivably dioxin can be a 6 potent carcinogen? 7 MR. DAVIDSON: Object. Move to strike. 8 A No, I did not, because I said, as I told you a 9 little while ago, whenever this particular statement was 10 made, if it was in 1965, I was speculating that there 11 was no evidence that dioxin, A, was We're talking 12 about This is entirely about a herbicide, not an 13 electrical compound at all. It's not about PCBs at all. 14 Let's be sure about that. That in '65 I made the 15 speculation that it can be a potent carcinogen. That 16 was a speculation. I did not know about it, I did not 17 know about any evidence for it, and I would certainly 18 see no reason to put a speculation in a warning to 19 customers. 20 Q Dr. Kelly, in issuing communications to users 21 of your products, do you want to fairly and accurately 22 describe to those users potential health problems that 23 could be related from exposure to your products? 24 A It depends on the type of communication I'm 25 doing. What are we talking about now? Let's take them 361 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047737 1 one at a time. Labels, I do not believe you should put 2 that type of information on a label. What you do on a 3 label is to put on warnings or caution statements that 4 will prevent them from getting anything, any ill 5 effects. 6 Then we take bulletins. Bulletins, some of 7 our bulletins list If they are going to scientists, 8 if they are going to people knowledgeable in the medical 9 field, we list or the toxicological field, we list 10 the toxicological information that we have. In letters 11 to physicians, medical directors of companies, we tell 12 them everything we know. 13 Q Dr. Kelly, if you manufacturea productand you 14 know absolutely beyond any question ofany doubtthat it 15 causes a skin rash 16 A Skin what? 17 Q Skin rash. 18 A Yes. 19 Q and you have good medical reasons to believe 20 it may be a potent carcinogen, which warning do you 21 think is more important to put on the label? 22 A You are asking me to suppose. This is a 23 speculation? This is a hypothetical instance you're 24 talking about? 25 Q I said you have good medical reasons to believe 362 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047738 1 that it may be not only a carcinogen but a potent 2 carcinogen. Now, what I'd like to do is I'd like to 3 have the court reporter reread the question. 4 A I missed the last part of your question. 5 Q I'd like for the court reporter to reread the 6 question. 7 (Reporter read back as requested.) 8 MR. DAVIDSON: I'll enter an objection to 9 speculation and hypotheticalness and relevance to this 10 case. 11 A I would put on a label something to prevent 12 both. If we put on a caution label that would prevent 13 either an action of a potent carcinogen then it's not 14 necessary to put that on because also if it prevents the 15 skin rash, we put that on. You have There are two 16 things about toxicity: one is the exposure, and the 17 other is the inherent property of the compound. You 18 have neglected in your hypothetical the possible 19 exposure. 20 Q Dr. Kelly, if that worker gets your 21 communication that the product can cause a skin rash if 22 it gets on his skin and he protects himself from that 23 skin rash, then is it your opinion he also would be 24 protecting himself from cancer? 25 A Yes. 363 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047739 1 MR. DAVIDSON: I object. Move to strike. 2 That's not what he testified to. 3 Q Your answer is? 4 A What was the question again? 5 MR. McCREA: Read the question back. 6 (Reporter read back as requested.) 7 MR. DAVIDSON: And I'll object because the 8 hypothetical didn't say anything about saying He did 9 not testify that he said he would get a skin rash. He 10 said he would tell him what he needed to do to avoid the 11 exposure that might expose him to either risk. 12 A If I protected the man from exposure to a 13 compound that prevented any action on the skin, I 14 believe I believe I would protect him against any 15 absorption through the skin, and he would not get a 16 cancer. This is now an entirely hypothetical question 17 which you've given me. 18 Q And that was your working methodology during 19 the years you were medical director? 20 A Yes, sir. 21 (Reporter marked Plaintiff's Exhibit 11.) 22 Q Dr. Kelly, I hand you what is marked as 23 Plaintiff's Exhibit 11. 24 A Yes, sir. 25 Q Dr. Kelly, do you know the author of that 364 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047740 document? A Yes. Could I identify this document first? Q Yes, sir. A This is a document from Mr. W. P. Papageorge dated March 18th, 1975, which was four months after I retired, to a Mr. Dan Albert, head of Personnel Relations at the Westinghouse Electric Company. Q In what location, sir? A South Boston, Virginia. MR. DAVIDSON: I'm sorry. I didn't get the date. Could you repeat that? THE WITNESS: March the 18th, 1975. Q In that document, are there a series of questions that were addressed to William Papageorge at Monsanto Company from Dan Albert, Westinghouse Corporation, South Boston, Virginia? A Presumably there were. I've never seen this before. I'm going over it. Q All right, sir. Take your time. A He does say Well, he says, "Attached are responses to your questions." So I presume his other letter said something about these questions. So what's your question? Q Dr. Kelly, just for clarification, you have not seen this document before today's date; is that correct? 365 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047741 1 A I may have. I do not know. It came in after I 2 left Monsanto, and I do not know whether it has been 3 shown me at any deposition. 4 Q All right. What is clear is that you were not 5 medical director at Monsanto Company when this document 6 was authored? 7 A That's correct. 8 Q You retired on what date? 9 A November the 30th, 1974. 10 Q And the date of this document? 11 A March the 18th, 1975. 12 Q And that When you say March 18, 1975, you're 13 referring to the date of the cover letter of William 14 Papageorge to Dan Albert at Westinghouse in South 15 Boston, Virginia? 16 A That's correct. 17 Q And the document further indicates that these 18 were questions addressed to Monsanto from Dan Albert of 19 Westinghouse in South Boston, Virginia; is that correct? 20 A That's correct. Yes, sir. 21 Q And how many questions were addressed to 22 Mr. Papageorge? 23 MR. DAVIDSON: I'm going to object. The 24 document speaks for itself. 25 A Seven. Seven. 366 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047742 1 MR. McCREA: All right. I agree, counsel, 2 that the document does speak for itself, but I'd like to 3 address the question to Dr. Kelly with respect to his 4 knowledge. 5 Q Would you read question number three from 6 Westinghouse at South Boston, Virginia and, in 7 particular, Dan Albert? Just first read the question. 8 A It says, "Since Inerteen effects birds and 9 other animals, if there is no real effects to human 10 beings, how do you explain it to employees in such a way 11 that they will understand why it can kill a bird and not 12 a human?" 13 Q And, Dr. Kelly, will you read the first 14 paragraph of Mr. Papageorge's answer to that question? 15 MR. DAVIDSON: I'm going to object, and I'm 16 going to instruct the witness not to read the matter 17 into the record. 18 THE WITNESS: What are you telling me? 19 MR. DAVIDSON: This is after his time. He 20 said he's never seen it before. If you want to ask him 21 a question about something that relates to this document 22 during the time that he was a medical director, okay, 23 but this is not You're not gratuitously getting this 24 into the record through him. 25 THE WITNESS: I can't hear your question. Am 367 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047743 1 I supposed to answer this or not? 2 MR. McCREA: No, Dr. Kelly 3 MR. DAVIDSON: I'm instructing you not to read 4 from the exhibit since it's past your time, and it's 5 Mr. Papageorge, and they've deposed Mr. Papageorge, and 6 they've had ample opportunity to ask him about this 7 document themselves. 8 Q Dr. Kelly, you have read the question. Now I 9 will read the answer. The answer is 10 MR. DAVIDSON: I'm going to object to your 11 reading the answer into the record and move to strike. 12 Q The answer is, "There is a potential real 13 effect to humans including death as discussed in the 14 answer to Question 1." My question now to you, with 15 that question posed by Westinghouse in 1975 and the 16 answer that I have just read from Mr. Papageorge in 17 which he states there is a real effect to humans, 18 including death, is did you ever issue a communication 19 to your customers and your users that there is a 20 potential real effect to humans from exposure to PCBs, 21 including death? 22 MR. DAVIDSON: Object and move to strike. 23 A Well, you have not given me the opportunity to 24 see how he qualified that statement in paragraph one. 25 Q Can you answer the question? 368 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047744 1 A No, I can't answer the question. Well, 2 certainly I never said to any customer That there is 3 a real danger, including death? 4 Q There is a potential real effect to humans, 5 including death. 6 A Well, there's a potential, yes. There's a 7 potential. I never told anybody that because I did not 8 expect anybody to be in a confined room boiling this 9 material and inhaling it for six hours. There are all 10 sorts of potential things with chemicals. 11 MR. McCREA: No further questions. Thank you, 12 Dr. Kelly. 13 MR. DAVIDSON: Okay. I'd like to take a short 14 break and get my redirect organized, and then we can 15 hopefully end this up real quickly. 16 REDIRECT EXAMINATION 17 QUESTIONS BY MR. DAVIDSON: 18 Q Dr. Kelly, I wanted to ask just a few questions 19 to clarify a couple of items that Mr. McCrea asked you 20 about on his cross examination, and I'd like to ask you 21 to look first at what was marked as Defendant's Exhibit 22 4. Do you recall that Mr. McCrea directed you to a 23 paragraph and asked you some questions about this 24 exhibit? 25 A Yes, I do. 369 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047745 1 Q In making those questions, Mr. McCrea referred 2 to this as a study of PCBs. 3 A Yes, sir. 4 Q Is it a study of PCBs? What is this a study 5 of? 6 A If this is the one that he was talking about, 7 it's 4465, which is a combination of chlorinated 8 biphenyl and chlorinated biphenylbenzene. 9 Q Was this the substance that that you explained 10 on your direct examination that Dr. Drinker had made a 11 mistake about what it was? 12 A Yes. In fact, he In the title of it he 13 refers to it as Aroclor 4465, but on page three he 14 refers to it as chlorinated diphenyl. 15 Q As chlorinated what? 16 A As chlorinated diphenyl, when really that is 17 not the material. 18 Q All right. You testified about that exhibit on 19 your direct examination; did you not? 20 A Yes, I did. 21 Q And in the paragraph on page 060027 that 22 Mr. McCrea asked you about, he asked you some questions 23 about or there is a statement about carbon tetrachloride 24 and ethyl alcohol. 25 A Yes, sir. 370 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047746 1 Q Can carbon tetrachloride alone cause atrophy of 2 the liver? 3 A Yes. In a sufficient dose. It did not cause 4 it in this dose that he gave here. 5 Q And can ethyl alcohol What is ethyl alcohol? 6 A Whiskey. 7 Q And can that cause yellow atrophy of the liver 8 in sufficient dose alone? 9 A I don't think it can cause yellow atrophy of 10 the liver. It can cause cirrhosis. It can cause lots 11 of liver problems. But I do not think it I think the 12 acute effect is so bad that you will not get liver 13 atrophy acute liver atrophy. 14 Q All right, sir. And did it in this experiment? 15 A Yes. In combination with chlorinated 16 diphenylbenzene and carbon tetrachloride. 17 Q All right. I'd like to ask you now to take a 18 look at what is marked as Plaintiff's Exhibit 3, and I 19 direct you to the page of that the next to the last 20 page of that document where Mr. McCrea addressed some 21 questions to you. 22 A Yes, sir. 23 MR. McCREA: Was that page 122? 24 MR. DAVIDSON: I assume it is. It's the next 25 to the last one. It's the one you quoted from. This is 371 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047747 1 Plaintiff's your Exhibit 3. You've got the wrong 2 exhibit. 3 MR. McCREA: Oh! 4 Q Do you see the next to the last page? 5 A Yes. 6 Q In the first beginning paragraph on that page, 7 it starts "Dr. Oettel"? 8 A Yes. 9 Q Would you read in the second sentence of that 10 paragraph, please? You don't Just read it to 11 yourself. 12 A Yes, sir. 13 Q It says that, "Residues from Badische 14 decomposition have been extracted and elemental analyses 15 made of the extracts." What does that mean? 16 A It means that they took the decomposition gunk 17 that they had and just extracted it somehow or another, 18 I don't know what solvent they used, and then analyzed 19 just for the elements. They did not analyze for the 20 compounds in there. They analyzed for carbon, hydrogen, 21 chlorine and oxygen. 22 Q All right. Next then it says, "Following this, 23 a series of oxygen bearing chlorine bearing ring 24 hydrocarbons were synthesized and checked for animal 25 toxicity using rabbits." What does that mean? 372 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047748 1 A That means that they did not use any of the 2 material from the residues of the Badische 3 decomposition. They made up four different compounds 4 using carbon, hydrogen, chlorine and oxygen, but what 5 they made up presumably had no relationship at all to 6 what was in the Badische decomposition because they did 7 not test that in the extracts. 8 Q All right, sir. 9 A I think they were in the same situation we were 10 at Nitro where they couldn't find it out. 11 Q All right, sir. Mr. McCrea showed you this 12 exhibit, Plaintiff's Exhibit 9. Do you recall that? 13 A Yes, I do. 14 Q And he asked you some questions about what 15 Monsanto did after it learned about Dr. Jensen and 16 Widmark's research, and you mentioned several items. 17 Let me ask you some questions, though. Did Mr. Wood go 18 to visit these scientists? 19 A Yes . 20 Q What was the purpose of his visit? 21 A To find out 22 MR. McCREA: To which Plaintiff would object 23 on the basis of hearsay. 24 A To find out what they knew, whether there was 25 any complete description of the analytical work, to find 373 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047749 1 out whether they were certain that it was PCB rather 2 than DDT. 3 Q And did he report back to you? 4 A Yes, he did. I don't know he reported directly 5 to me or back to me through one of our own analytical 6 people. I don't know that. But we were in 7 communication. I think he went there at least twice. 8 Q Okay. I'd like to show you what was marked on 9 the direct examination as Defendant's Exhibit 30. You 10 described that document on your direct examination. Can 11 you tell us again very briefly what it is? 12 A It's a letter from David Wood with a copy of 13 Jensen's paper to me, dated February 22nd, 1967. 14 Q Does it indicate that Mr. Wood is responding to 15 some communication from you? 16 A Yes. I wrote him a letter I don't believe 17 that's attached here, but I don't know at the present 18 time what it was, but I was trying to find out more 19 information about the problem. 20 Q After you got this paper, what did you do 21 further? 22 A Well, I sent it to our analytical people. I 23 sent it to our marketing people. I sent it to I 24 don't know whether or not I sent this to the government 25 people or not. I do not know. But I think a primary 374 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047750 1 purpose was to investigate our analytical work to see if 2 we could duplicate his findings as far as a PCB was 3 concerned. 4 Q In the months and years following this, was 5 there any activity by you or by anyone in Europe to 6 follow up on what was being done? 7 A Oh, yes. There's a great deal of activity by 8 people in St. Louis. We had numerous meetings with the 9 Department of Agriculture. We had numerous meetings 10 with the Food and Drug Administration. Our analytical 11 people had talked to Jensen and Risebrough. We went 12 over to see had people from our department go over to 13 Sweden and to I don't know went to Netherlands at 14 least twice, so there was an enormous amount of work 15 done. We sent samples of our Aroclors for analytical 16 purpose to all the people who were interested. 17 Q In all of the materials obtained from Jensen 18 and Widmark, including Exhibit 30, I'm sorry, 19 Defendant's Exhibit 30, is there any information that 20 Jensen and Widmark ever reported that PCBs were having 21 any effect on the fish or wildlife that they were 22 examining? 23 A No, sir. Or even the people. I mean, he 24 mentioned no illnesses at all in his own family where he 25 found the material. 375 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047751 1 Q What was the first knowledge that you had that 2 any scientist anywhere reported any effect in wildlife? 3 A Risebrough's work at I don't know if that 4 was the end of '67 or beginning of '68. He noted 5 thinning of egg shells in some of the avian species. 6 Q Was that the publication of a paper by 7 Dr. Risebrough? 8 A Yes. 9 Q If I indicated to you that Dr. Risebrough's 10 paper was published in December of 1968, would that 11 refresh your recollection? 12 A Yes. That it was either late '68 or early 13 1970 . 14 Q 1970? 15 A ' 69 . 16 Q Mr. McCrea showed you what he had marked as 17 Plaintiff's Exhibit 9, I'm sorry, 10. Do you recall 18 that? 19 A Yes, I do. 20 Q And what is the date of that memorandum? 21 A March the 30th, 1970. 22 Q And that memorandum, in the portions that he 23 did not read, deals with discussions with a Dr. Hill 24 about the appearance of PCBs in some milk, is that 25 right, milk samples? 376 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047752 1 A That's correct. 2 Q Is that correct? 3 A That's correct. 4 Q Prior to this time, did you know that PCBs were 5 used in a coating for silos? 6 A Well, I did know This is March the 30th, 7 before Papageorge came onboard as far as a point man for 8 our PCB investigation. We had communicated with 9 Dr. Hill and heard about the problem with silage 10 sometime in the late '69's. Late '69. That was the 11 first time I heard. 12 Q Do you know whether Monsanto was aware that its 13 PCBs were being used in paint to be used in silos? 14 A No, sir, they were not as far as I can 15 recollect. I certainly wasn't, and I don't believe that 16 the people in St. Louis were. 17 Q All right. Let me hand you what was marked as 18 Plaintiff's Exhibit No. 2. This is the memorandum 19 written by Elmer Wheeler to you in 1956 concerning the 20 incidents at BASF in Germany and Nitro, West Virginia; 21 is that correct? 22 A Yes, sir. 23 Q I'd like to direct your attention to the first 24 paragraph at the top of the third page. 25 A Yes, sir. 377 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047753 1 Q Do you recall that Mr. McCrea asked you some 2 questions about the research that's referred to in that 3 paragraph? 4 A Yes, I do. 5 Q Now, was this the same Kettering Laboratory 6 that you testified about on direct examination where 7 Dr. Treon did inhalation tests on animals using PCBs? 8 A Yes, it is. 9 Q And are those the tests reports that were 10 marked as Defendant's Exhibits 12 and 13? Do you 11 recall? 12 A What were they? 13 Q 12 and 13. 14 A Yes. 15 Q Those were the test reports from Dr. Treon's 16 work. 17 A That was 12 Yes. That's correct. 18 Q And are those reports dated in June 1955? 19 A Yes, sir. 20 Q And are those the test results that were 21 published by Dr. Treon in an article which was 22 Defendant's Exhibit 14 in the "Industrial Hygiene 23 Quarterly"? 24 A Yes, sir. 25 Q And that was published in June of 1956; is that 378 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047754 right? A Yes, sir. Q Did any of the research done by Dr. Treon at Kettering involve tests, patch tests on human beings? A No, sir. Q In June of 1956, when Plaintiff's Exhibit 2, that memorandum was written, was there any research being done at Kettering on PCBs? A No, sir, there was not. Q What research was Mr. Wheeler referring to in that exhibit? A He was referring to materials involved in the 1949 episode at Nitro, West Virginia with the herbicide that we were manufacturing, the one that we had an explosion during the process. Q Plant? Okay. Were there any PCBs present at the Nitro A No, sir, there were not. Q Was Dr. Suskind doing any research on PCBs? A No, sir, he was not. Q Now, have you either in the last few days that you've been deposed, have you had a chance to read through Exhibits Plaintiff's Exhibits 1, 2 and 3? A Yes, I have. Q In Plaintiffs Exhibit No. 1 379 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047755 1 A Which is 3? This one doesn't have any Oh, I 2 see. Okay. Yes, sir. 3 Q In Plaintiff's Exhibit No. 1, 4 A Yes, sir. 5 Q which is the memorandum that you were not 6 sure about the date it was written, but it's a 7 memorandum that you apparently authored; is that right? 8 A That's correct, yes, sir. 9 Q Is there any mention whatsoever in that 10 memorandum anywhere of PCBs? 11 A No, sir, there is not. 12 Q All right. In Plaintiff's Exhibit No. 3, which 13 you have previously identified, 14 A Yes. 15 Q I believe you testified this was a 16 memorandum of a meeting that you you do not know 17 whether you're not sure whether it took place in 1956 18 or in 1960. 19 A That's correct. 20 Q But a memorandum of a meeting at Kettering 21 Laboratories ? 22 A Yes, sir. 23 Q Is there anywhere in this exhibit, in this 24 entire exhibit, Plaintiff's Exhibit No. 3, any mention 25 of PCBs? 380 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047756 1 A No, sir, there is not. 2 Q All right. Exhibit No. 2, which is the exhibit 3 we've just been talking or referring to, which is the 4 1956 memo from Elmer Wheeler to you, other than the 5 sentence that Mr. McCrea quoted to you from the second 6 page, is there any mention whatsoever anywhere in that 7 document of PCBs? 8 A Nothing outside that one sentence. 9 Q And what is this memorandum actually about? 10 A It's about the chloracne cases at Badische and 11 at Nitro and the work that Oettel has done on some of 12 the compounds and some suggestions that Suskind may have 13 been going to do some work on it to determine the 14 chloracnogen in the product of Monsanto's at Nitro, West 15 Virginia. 16 Q And what property was that of Monsanto? 17 A 2,4,5 T and its raw materials. 18 Q All right, sir. Now, in his cross examination 19 Mr. McCrea asked you some questions about various 20 symptoms. 21 A About what? 22 Q Various symptoms suffered listed in that 23 Exhibit No. 2. And could you tell the jury what in 24 layman's terms what is lassitude? 25 A Lassitude is an individual is unable to carry 381 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047757 1 out things he wants to do. He's really It's not 2 quite fatigue. It's probably mental fatigue if you want 3 to call it that. 4 Q It's 5 A Mental fatigue. It's a generic term that 6 occurs in any numberof conditions. 7 Q All right. One of the other symptoms that 8 Mr. McCrea mentioned was fatigue. What is fatigue? 9 A You wear out. You get tired. 10 Q All right. 11 A That also is a generic symptom that occurs in 12 any sort many, many illnesses. 13 Q What is loss of appetite other than just what 14 it says? 15 A Just what it says. 16 Q And what is loss of libido? 17 A That means you have a loss of the sexual urge, 18 which is not to be confused with loss of sexual potency. 19 Q In layman's terms, what does that mean? 20 A He's not interested in sex. 21 Q Does it mean that the person is impotent? 22 A No, it does not. 23 Q Now, how does a doctor find out from a patient 24 whether those symptoms are present? 25 A Well, there are two ways. If you believe that 382 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047758 1 You can either ask them or you can do a general 2 physical examination and take a general history in which 3 you cover all those symptoms without directly asking 4 them. If you are talking about loss of libido, if you 5 ask the man how many times he's having sexual 6 intercourse a week or a month, ifhe says zero, then you 7 just find out what the reason is,whetherhe is 8 interested in it. But if you askhim, "How is yoursex 9 life?" and he says, "It's normal. I'm as good as I 10 always was," you don't ask him any more questions. You 11 accept that as a fact. As far as fatigue, you say are 12 you able to during the course of your history you 13 find out whether he's able to carry out his daily 14 activities without getting exhausted. You don't have to 15 ask him, "Do you have fatigue at the end of the day?" 16 You just say, "Are you able to carry out your work? Are 17 you able to do household chores when you get home?" 18 Q Are medical doctors trained to ask patients 19 questions to bring out those symptoms? 20 A Well, it depends on how they ask them. They 21 don't always ask direct questions. They ask them in a 22 general manner how their health is, and they go into 23 various details by systems, and they get the information 24 without asking direct statements. 25 Q Is that a part of a standard medical 383 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047759 1 examination? 2 A Yes. 3 Q Mr. McCrea asked you at another point in his 4 cross examination whether Monsanto ever took a product 5 off the market because of toxicity. Did you ever 6 prevent Monsanto from marketing a product because of its 7 toxicity? 8 A Yes. 9 Q Could you tell us what that was or examples? 10 A Well, I didn't even let it go as far as the 11 bench. People asked us to make chlorinated 12 polybrominated biphenyl, and bromine is a half is a 13 cousin to chlorine. They are both halogens. So they 14 asked me about it, and I said, "No way. We've got 15 problems with PCBs in the environment. We've got 16 problems with PCB in thinning eggs, egg shells. We 17 don't want to get involved in a cousin of it." There 18 was also 19 Q Excuse me. Was this after the PCB issue had 20 arisen? 21 A Yes, it was. And then there was also a 22 compound that we were using in a different I don't 23 know what we were using it for. It was a solvent or 24 something, and they wanted to use it in a deicer where 25 the exposure at airplanes at airports would be much 384 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047760 1 more extensive, and I said I did not believe from the 2 information that was published in the literature about 3 its toxicity that it should be used. 4 Q And this was going to be used as what? 5 A A deicer, to spray it over the airplane wings. 6 I don't know what they use now. 7 Q At another point in his cross examination 8 Mr. McCrea referred you to a memorandum or a quote from 9 a memorandum by a man named W. R. Richard that was 10 addressed to Elmer Wheeler. Do you remember Dr. Richard 11 or Mr. Richard? 12 A Yes. 13 Q Dr. Richard? 14 A Yes . 15 Q What was his position? 16 A He was at research. He was a Ph.D. He worked 17 for Monsanto in the Central Research Department. He was 18 not in the medical department. 19 Q Was he a medical doctor? 20 A No. He was a Ph.D. 21 Q Was he a toxicologist? 22 A No. 23 Q Was he an industrial hygienist? 24 A No. I think he was a chemist or a chemical 25 engineer. 385 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047761 1 Q Dr. Kelly, Mr. McCrea's asked you a lot of 2 questions about a product called dioxin. Do PCBs 3 contain dioxin? 4 A No, they do not. 5 Q Now, if dioxin is similar in chemical structure 6 to PCBs or to chlorinated dibenzofurans, does that mean 7 that they have similarities in toxic effects? 8 A No way. The similarity in structure does not 9 translate into similarity in action. You can have 10 compounds that are completely different just with one 11 molecule different as far as their toxicity is 12 concerned. I think I quoted to you sometime in one of 13 these depositions that bichloride of mercury, which is a 14 very serious poison, shuts a kidney down once you get a 15 good initial dose of it, is one molecule of mercury and 16 two molecules of chlorine. If you take calomel, which 17 is one molecule of mercury and one molecule of chlorine, 18 that's a compound that's taken by mouth by millions of 19 people during the early years of this century, probably 20 all the way up to now as a tonic in the springtime, so 21 just adding one chlorine means an awful lot of 22 difference in toxicity. 23 Q You said that PCBs did not contain dioxin. Can 24 the combustion or burning of PCBs lead to the formation 25 of dioxin? 386 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047762 1 A No, they cannot. It cannot. 2 Q Do you know whether any governmental agencies 3 agree with you on that? 4 A Oh, yes. I agree with the government agencies. 5 I'll reverse that. Yes. That's been published. They 6 did work for the EPA. That was published under the 7 auspices of the EPA. 8 Q Now, a lot of the cross examination has been 9 devoted to citing you to certain articles or statements 10 in memos, statements by people totally unrelated to you 11 or to Monsanto, and asking you whether or not that 12 information was included on Monsanto's label. Can you 13 tell me why you didn't include all the information that 14 Mr. McCrea indicated and mentioned in Monsanto's memos? 15 A Yes. Because it was my belief that the 16 information you want to get on the label is you want to 17 put enough information on there that it will protect the 18 man against anything, the worker or user against 19 anything. So you put the methods of protecting him. 20 The other aspect is you do not want to have so much on a 21 label that the worker will look at it and not read it, 22 and it's been my experience that the more you have on a 23 label, the less likelihood the worker is going to pay 24 any attention to it at all. 25 Q During your 38 years as medical director for 387 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047763 1 Monsanto, did you ever receive any reports or complaints 2 of PCB related health problems in any of Monsanto's PCB 3 workers? 4 A No, sir, I did not. 5 Q During those 38 years you were at Monsanto, did 6 you ever receive any customer reports or complaints of 7 deaths or serious long term injury in their PCB exposed 8 workers? 9 MR. McCREA: To which Plaintiff would object 10 for the reasons stated on district examination, that 11 there's no evidence that workers even knew they were 12 working with PCBs or that there was any established 13 medical protocol implemented to determine if these 14 workers suffered any toxic systemic effects from PCBs. 15 Q Do you remember the question? 16 A I don't remember it. There was an 17 interruption. Would you repeat it, please? 18 (Reporter read back as requested.) 19 A No, I did not. 20 Q In your direct examination you described a 21 handful of less than five or so complaints or reports 22 that appeared in the literature regarding short term 23 problems with PCBs. In your years at Monsanto, were any 24 of those reports ever regarding capacitor or transformer 25 workers? 388 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047764 1 A No, sir, they were not. They were not all in 2 the literature either. I mean, some were just reported 3 directly to me. No, they were not. They were all in 4 heat transfer units. Had one case where they were 5 filling oven thermometers with PCB. 6 Q During your years at Monsanto, were there ever 7 any reports in the published literature of deaths or 8 serious long term effects due to industrial exposure to 9 PCBs ? 10 A No, sir, there were not. 11 MR. DAVIDSON: That's all the questions I 12 have. 13 RECROSS EXAMINATION 14 QUESTIONS BY MR. McCREA: 15 Q Dr. Kelly, did you ever review any information 16 that indicated pregnant women were particularly 17 susceptible to exposure to polychlorinated naphthalenes 18 and PCBs in combination? 19 A Would you repeat that? You were talking away 20 from me. 21 Q I'm sorry, Dr. Kelly. 22 (Reporter read back as requested.) 23 A I don't recall. I may have, but I don't recall 24 it. It certainly doesn't seem very prominent in my 25 mind. 389 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047765 1 Q Dr. Kelly, would you please refer to Kelly 2 Exhibit 30? 3 A Which? 30? 4 Q Yes, sir. 5 MR. DAVIDSON: It's right here. 6 A Yes, sir. 7 Q Would you turn to page two of that exhibit, 8 which has the Monsanto Bates number MONS 035760 on it? 9 A Yes, sir. 10 Q Do you see a heading entitled "Toxicology"? 11 A Yes, sir. 12 Q Will you turn to the next page? Will you read 13 into the record the first paragraph from Monsanto's 14 Exhibit 30 with Bates page number MONS 035761, starting 15 with the name Greenburg? 16 A Yes, sir. What do you want me to read? 17 Q Read that paragraph into the record, please. 18 A "Greenburg, Mayer and Smith 1939 reported that 19 PCB and polychlorinated naphthalenes are blamed for the 20 death of three young workers, and that pregnant workers 21 and persons who have at any time had any liver disease 22 are particularly susceptible." 23 Q Dr. Kelly, I believe you said pregnant workers. 24 A Pregnant women, I'm sorry. 25 Q Pregnant women. Dr. Kelly, what do you know 390 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047766 1 about the susceptibility of pregnant women to 2 polychlorinated biphenyls in combination with 3 chlorinated naphthalenes? 4 A I don't know anything about it because I do not 5 know that PCBs and polychlorinated naphthalenes were 6 ever used together. Polychlorinated naphthalenes and 7 polychlorinated diphenylbenzene were used together, and 8 the Greenburg, Mayer and Smith's article refers If 9 you'll read the article, you'll find out that it refers 10 only to chlorinated naphthalene, not to the mixture. 11 Q Dr. Kelly, did Monsanto Company ever issue a 12 warning that pregnant women are particularly susceptible 13 to polychlorinated biphenyls and polychlorinated 14 naphthalenes ? 15 MR. DAVIDSON: Objection to the relevance. 16 A No, sir, because we did not manufacture that 17 combination, and that combination was not used, as I 18 said repeatedly. The Halowax situation was 19 polychlorinated biphenylbenzene, not PCBs. 20 Q So you're saying this statement is in error in 21 your own exhibit; correct? 22 A Yes, it is. Yes, it is. 23 MR. DAVIDSON: Well, I object. The 24 insinuation is that that's a Monsanto document that 25 you're reading from, and it's Dr. Widmark's either 391 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047767 1 Jensen or Widmark's speech. Jensen's, I believe, paper 2 or speech. 3 Q Dr. Kelly, this document was sent to you on 4 February 22, 1967; is that correct? 5 A Yes, sir. 6 Q And did you read it on that date? 7 A I'm not certain when I read it, but I read it. 8 Q Did you take any issue with the statement on 9 page 035761 which you just read into the record? 10 A With who? 11 Q Anyone. 12 A No, I didn't, because I did not want to start a 13 controversy over something that had been allegedly 14 reported in 1939 or with his interpretation of the 15 report. 16 Q Dr. Kelly, after you learned in December 1966 17 that Jensen reported high levels of PCBs in his own 18 child, who had been nursing, did you issue any warnings 19 about pregnant women and the risk in their exposure to 20 PCBs? 21 A No, sir, I did not. Remember, Jensen only 22 reported the finding of the material in there. He 23 stated nothing about any illness accruing as a result of 24 this exposure. 25 Q Dr. Kelly, as you sit here today, name every 392 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047768 1 study that you're aware of that shows adverse effects in 2 children who were exposed to PCBs. 3 A Is there what? 4 Q Identify every study of which you're aware that 5 shows adverse effects in children who were exposed to 6 PCBs . 7 A I'm not prepared to You mean Do you mean 8 developmental? 9 Q I mean cognitive. I mean behavioral. 10 MR. DAVIDSON: I'm going to object. 11 Q I mean biological. 12 MR. DAVIDSON: Object to the relevance, being 13 beyond Dr. Kelly's time as a medical director of 14 Monsanto. 15 A There were none of those reports before 1974. 16 Q Well, Dr. Kelly, that's not the question. 17 A What was your question? 18 Q I want you to identify every study of which you 19 are aware that shows any health problems in children who 20 were exposed to PCBs. 21 MR. DAVIDSON: I'll object. 22 A I'm not prepared to do that. There may be 23 some. There may be some that are negative. I do not 24 know. 25 Q Are you aware of children born with deformities 393 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047769 1 whose mothers were exposed to PCBs in Japan? 2 MR. DAVIDSON: Object. Move to strike. 3 Improper statement. No basis. 4 A Are you talking about 5 MR. DAVIDSON: Irrelevant. 6 A About the Yusho episode? 7 Q Yes. 8 A At which people were exposed to large amounts 9 of a Japanese PCB made by a different process than 10 Monsanto does, having contaminants that the Monsanto 11 PCBs did not? They did show some reproductive problems, 12 yes, sir. 13 Q And was that contaminant chlorinated furans? 14 A That was what it was, yes, but it was also the 15 amount of chlorinated furans. 16 Q And, Dr. Kelly, was that contaminant, 17 chlorinated furans, which caused the birth defects in 18 the children in Japan 19 A Now, when you are talking about birth defects, 20 I think you ought to specify what you mean by birth 21 defects. These children had pigmentation. These 22 children had skin problems. They are not the ones 23 the birth defects that people generally assume are birth 24 defects, such as spina bifida, which is heart problems, 25 and did they did not have those. They had skin 394 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047770 1 problems, they had ocular the eyelid problems. They 2 had pigmentation. 3 Q Did they have joint pain? 4 A I don't know. 5 Q Did they have bronchitis? 6 A I do not know whether or not the Japanese 7 people had established whether the bronchitis was due to 8 the socioeconomic level of these particular people or 9 due to the material they had taken, but this is a far 10 cry from industrial workers here I hope you realize. 11 Q Have you done any second generational studies 12 of children born to your workers at Monsanto? 13 MR. DAVIDSON: I object and move to strike. 14 He retired as Monsanto's medical director in November of 15 1974, and he is not being presented as an expert witness 16 and he is this is entirely outside of the scope of 17 his direct or cross examination. 18 Q Dr. Kelly, you stated that no children born to 19 Monsanto workers suffered any health problems. Is that 20 correct? 21 A When did I say that? 22 Q Did you state that? 23 A No, I do not think that question ever came up. 24 Q Okay. It's never been studied; has it? 25 A Not to my knowledge. 395 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047771 1 Q Dr. Kelly, the chlorinated furan that caused 2 the problem in the children in Japan, is that exactly 3 the same chemical as is diagrammed on page 015580 of 4 Plaintiff's Exhibit 2? 5 A It's the 6 MR. DAVIDSON: Object. Move to strike. 7 Irrelevant. He has no way of knowing the answer to 8 that. 9 A This is a You always omit the statement of 10 Dr. Oettel that he believes it is a compound somewhat 11 similar to chlorinated dibenzofuran. That's what he 12 states here. That's what I'm reading. He believes the 13 most potent chloracnogen is a compound somewhat similar 14 to chlorinated diphenyl oxide, which is wrong, but the 15 diagram is a chlorinated dibenzofuran. Yes, the 16 compound there, one of the compounds in the Yusho 17 incident, was chlorinated dibenzofuran or also 18 quarterphenyls, and I don't know what else. 19 Q So, doctor, the chlorinated furans in Japan 20 that caused the problems in those children are the same 21 chemical as is diagrammed on the Exhibit No. 2? 22 MR. DAVIDSON: Object. Move to strike. 23 Irrelevant. 24 Q Yes or no? 25 A Yes. But also you have to take into account 396 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047772 1 the dosage. 2 Q Dr. Kelly, 3 A Which you have not. 4 Q that was my next question. What was the 5 dosage of chlorinated furans that was ingested by the 6 mothers that caused the birth defects in children? 7 A If we are going to use birth defects as a 8 synonym for irritation of the eyes, cysts of the 9 eyelids, pigmentation and chloracne, I do not know the 10 dose the amount they finally arrived at. It was 11 certainly much, much larger than the amount that was 12 present in any of the PCBs manufactured in the United 13 States, as we found out later when we can analyze for 14 the dibenzofuran. 15 Q Dr. Kelly, was the dose of furans less than an 16 ounce? 17 A Oh, yes, it was less than an ounce. 18 Q Was it less than half an ounce? 19 A Yes, it was less than half an ounce. 20 Q Was it less than a hundredth of an ounce? 21 A I don't know. I don't know the exact dose. 22 Q Do you recall testifying at an earlier 23 deposition that it was one ten thousandth of an ounce? 24 MR. DAVIDSON: Object. Move to strike. 25 Irrelevant. 397 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047773 1 A I do not know if that was my exact testimony or 2 not. 3 Q Just a second. Dr. Kelly, as you testify here 4 today, do you have a judgment as to the toxic dose of 5 furans, chlorinated furans, that caused the birth 6 defects in the children in Japan? 7 A No, I do not. 8 Q Would you describe chlorinated furans as one of 9 the most toxic chemicals ever known to mankind? 10 A That's so it could be. 11 Q Dr. Kelly, I hand you a copy of a deposition 12 taken on June 1, 1990, Volume II, in the case of Brown 13 versus Monsanto Company, and I direct your attention to 14 the entire deposition, but in particular the question on 15 page 33, which reads as follows: "Dr. Kelly, there's no 16 dispute in medical science that the Japanese people were 17 poisoned, their offspring suffered birth defects after 18 women consumed 1/10,000 of an ounce of furans. Is that 19 a fair statement?" And your answer reads, "Answer I 20 think it is because the lethal dose, the Lethal Dose 50 21 for furans is in the neighborhood of 1/1000 of a 22 milligram. Now, that is pretty small. Now, that's, I 23 have that figured out for dioxin, chlorinated dioxin, 24 and furan is somewhat less toxic. I don't have the 25 exact figure, but 1/10,000 of a milligram per kilo is 398 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047774 1 the lethal dose for rats, and if you compare that to the 2 PCB dose is 2,000 to 4,000 milligrams or something like 3 40 Well, it's something over You take the dose of 4 2,000 milligrams per kilo and the furan is 0001 5 milligram. This is ten hundred, thousand. That's 6 one/two thousand roughly. It's less than It's more 7 than that. One/twenty thousand of the lethal dose of 8 PCBs. Question Okay. Answer So we're dealing with 9 two compounds you're talking about. one has a 10 relatively low toxicity. The other has one of the most 11 extreme toxicities of any compound since the beginning 12 of chemistry." That's your answer; right? 13 A Yes. That was my answer 14 Q "Question One ounce of furans would be enough 15 to poison 10,000 people? Answer Yes. I think so." 16 Does that refresh your memory as to the toxicity of 17 chlorinated furans? 18 A I never denied that furans were a very toxic 19 compound. I never denied that they were much more toxic 20 than PCBs. When we got into all of this discussion of 21 yours and mine about coming down to the dose that the 22 Japanese women were subjected to, I very I hope I was 23 correct. I don't know. I mean, as I remember, I said, 24 "Look, let's try to get a calculator," so we ran around 25 and you came back with something, with some calculator, 399 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047775 1 I believe. But what is your What is your question 2 now? 3 Q My question is, Dr. Kelly, isn't it a fact that 4 when you testified in this deposition on June 1, 1990 5 you described the toxic dose of chlorinated furans as 6 being one ten thousandth of an ounce? 7 A Yes. I testified that. Remember, we also 8 One of these exhibits this morning, I believe we came up 9 with roughly the same figure per ounce per kilogram 10 we're talking about. We're not just an absolute level 11 of It was one tenth of a milligram per kilogram of 12 rats. Whether that equates to one the absolute 13 amount of the stuff, I don't know without doing quite a 14 little bit of calculation. 15 Q Dr. Kelly, can you tell us all of the 16 contaminants that were in PCBs that you knew about 17 before you left Monsanto in 1974? 18 A No, I can't. 19 Q Were there contaminants in PCBs? 20 A Yes. In trace amounts. 21 Q Would you consider one ten thousandth of an 22 ounce a trace amount? 23 A One ten thousandth of an ounce a trace amount? 24 It depends on the compound. 25 Q You described symptoms of lassitude, loss of 400 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047776 1 appetite and loss of sexual urge; is that correct? 2 A Yes, sir. 3 Q And you stated that lassitude was a little bit 4 different than fatigue. 5 A Yes, sir. 6 Q Can lassitude As a medical doctor, can 7 lassitude be caused by several factors? Are there 8 several things that could explain lassitude? 9 A Yes. A great number. 10 Q And could lassitude be caused by a chemical 11 effect on the brain? 12 A I don't know. 13 Q Could the loss of a sexual urge be caused by a 14 chemical effect on the central nervous system and brain? 15 A I don't know that either. Could be caused by a 16 number of things. Could be caused by depression. Could 17 be caused by family problems. Could be caused by an 18 awful lot of things. 19 Q Could it be caused by a chemical effect on the 20 male's gonads? 21 A I don't think so. I think you would have loss 22 of potency there rather than loss of libido. 23 Q Can loss of appetite be caused by a number of 24 factors? 25 A Yes. 401 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047777 1 Q Can loss of appetite be caused by a chemical 2 alteration within the body? 3 A It depends on what chemical alteration you 4 have. Depends on how long you've had the chemical 5 alteration. I cannot answer that question. 6 Q You were asked if dioxin is a contaminant of 7 PCBs or is produced by the partial oxidation of PCBs; is 8 that correct? 9 A Yes, sir. 10 Q When you refer to dioxin, are you referring to 11 the chemical that Mr. Papageorge references on July 8, 12 1970 in Plaintiff's Exhibit 5, page two, the first full 13 paragraph, the eleventh sentence in parentheses? 14 A Oh, I don't know what he is referring to. All 15 I know is that it has been accepted by scientists, has 16 been accepted by the EPA that dioxins are not formed by 17 the partial incineration of PCBs. 18 Q My question is, Dr. Kelly, when Mr. Papageorge 19 wrote this document on 1970 and he refers to dioxin, is 20 that the same dioxin to which you're referring? 21 A You'll have to ask him. I know what I'm 22 referring to. I know the chemical formulation of 23 dioxin. And if you want me, I'll tell you what that 24 formulation is so that then you can ask Papageorge what 25 if that's what he means. 402 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047778 1 Q Did you know in 1970 that Mr. Papageorge felt 2 that the partial oxidation of PCBs could produce 3 chlorinated furans? 4 A In 1970? 5 Q Yes. 6 A That Papageorgeknew in1970? 7 Q That the partialoxidation or incomplete 8 burning of PCBs could produce chlorinated furans. 9 A I do not know if Papageorge knew it or whether 10 Papageorge suspected it. 11 MR. McCREA: No further questions. 12 MR. DAVIDSON: That's it. 13 14 Robert Emmet Kelly, M.D. 15 Subscribed and sworn before me this day of 16 ______________, 1994. 17 My commission expires: 18 19 20 21 Notary Public 22 23 24 25 FAO/Fisher vs. Monsanto Waller Reporting, Inc. 404 NOTARIAL CERTIFICATE STATE OF MISSOURI ) ) SS CITY OF ST. LOUIS ) I, FAITH A. OLLIGES, a Registered Professional Reporter and a duly commissioned Notary Public within and for the State of Missouri, do hereby certify that there came before me at the offices of Husch & Eppenberger, 100 North Broadway, St. Louis, Missouri, ROBERT EMMET KELLY, M.D., who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in controversy in this cause; that the witness was thereupon examined under oath and said examination was reduced to writing by me; that the signature of the witness was not waived by agreement of all parties; and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal on April 13, 1994. My commission expires March 21, 1997. [NOTARY PUBLIC] 403 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047779 [&-4] Transcript Word Index & 1254 (cont.) 1967 29 & 295:1,1,1 403:25_________ 0 315:2 336:15,20,23 12th 327:12 13 374:13 392:4 310:7,9,17 339:23 1968 294 303:8 305:9,15,22 338:1,21 295:1 338:21 339:3 376:10 295 0 378:10,13 403:25 1970 295:1 343:2 1310 333:19 334:19 345:25 296 0.75 295:1 348:19 349:17 350:3 351:9 295:1 308:19,20 14 351:19,19 376:13,14,21 3 0001 399:4 0006367 354:11 015580 396:3 017392 343:2 035760 390:8 035761 390:14 392:9 060027 308:1 370:21 072 302:5 072693 301:24 302:6 338:3 378:22 1400 295:1 15 333:2 350:23 1506 295:1 1600 334:9 18 299:5,7 300:10,13 306:9 366:12 1870 334:16,18 18th 365:5,12 366:11 19 296:13,16,20 297:10,17 402:12,19 403:1,4,6 1971 o 330:11 371:18372:1 311:23 312:5 1974 326:8 352:24 357:8 358:22 359:21,22 366:9 393:15 395:15 400:17 379:23 380:1,12,24 30 333:3 374:9 375:18,19 390:2,3,14 300 1975 365:5,12 366:11,12 368:15 1990 398:12 400:4 295:1 30th 348:19 351:19 366:9 376:21 377:6 1994 31 295:1,1 325:7 403:16,25 1997 403:25 1st 301:22 314 295:1 315 351:19 295:1 2 32 1 300:9,12,19 309:6,24 2 301:23 1 312:12 325:20 335:13,18 326:13 377:18 379:6,23 33 345:2 346:3 360:1 368:14 335:21,23,24 340:6 381:2,23 396:4,21 398:15 379:23,25 380:3 398:12 1935 2,000 333 400:4 356:3 399:2,4 295:1 1/10,000 398:18,25 1936 305:15,17 2,4,5 330:1 381:17 335 295:1 1/1000 1937 2.3 337 398:21 299:10 302:17 303:5 304:5 354:7 356:8 295:1 10 304:7 305:1,6,15,24 306:8 20 339 295:1 348:12,13 349:8 1939 296:13,15,16,17 307:10 295:1,1 376:17 390:18 392:14 309:6,24 310:8 319:3,5 348 10,000 1949 325:20 335:13,22 295:1 399:15 379:13 21 364 100 1955 296:13,14,15,16,16 307:10 295:1 295:1 331:20 332:1 403:25 105580 314:6 315:3 320:21 321:15 325:6,15 327:7 348:24 307:11 309:6,7,24,24 369 325:20,21 335:13,13,18,21 295:1 326:15 378:18 335:22 403:25 37 11 1956 22 305:18 295:1 299:10 304:7 306:8 315:3 330:15 377:19 392:4 38 364:21,23 378:25 379:6 380:17 381:4 22nd 307:18 317:23 387:25 12 1960 374:13 388:5 378:10,13,17 330:15 339:23 340:2,7 24 389 122 380:18 357:1 295:1 371:23 1242 336:17 1254 1965 361:10 1966 342:3 345:2 346:3 392:16 296:23 298:13 314:9,21,22 2571 295:1 27420 295:1 4 A 295:1 307:20 311:23 315:18,20 320:22 348:21 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047780 [4 - analyzed] 4 (cont.) 70's 350:24 369:22 341:12 348:6 4,000 72 399:2 348:6 40 73 319:10 354:16 356:10 348:7 399:3 7th 404 334:16 403:25 4465 370:7,13 47402 295:1 8 8 295:1,1,1 333:19 339:22 340:10 402:11 8th 334:16_________________ 19 295:1 312:18 313:13 314:9 315:2 318:20 333:11,12 336:16 402:12 50 398:20 515 295:1 56 295:1 339:22 341:14 373:12 376:17 93037d 295:1,1 9th 352:24 357:8 327:10,12,12_________ 6 6 295:1 302:1 335:3 352:13 6/24/65 360:4 60's 341:11 621 295:1 63101 295:1 65 361:14 66 339:21,21 67 339:21 376:4 68 376:4,12 69 346:5,23 376:15 377:10 693 301:25 302:2 69's 377:10_________________ 7 able 316:25 320:25 321:18 322:1 349:2 351:2 383:12 383:13,16,17 absence 298:12 326:5 absolute 400:10,12 absolutely 362:14 absorbed 310:3,11,23311:14,17,18 312:7,14 absorption 310:5 364:15 accept 383:11 accepted 402:15,16 accidental 311:2 account 331:23 396:25 accruing 392:23 accumulation 346:15 7 accurate 295:1 337:22 315:24 341:5 70 accurately 346:23 361:21 achieved agreement 334:10 403:25 act agricultural 310:19 330:1 331:3 351:25 action agriculture 311:8,21 312:9 363:13 323:10,12 344:13,14 375:9 364:13 386:9 403:25,25 air activities 312:18 313:2,5,8,13,20 383:14 314:1 315:6,16 316:20,22 activity 317:18 318:4 332:5 336:11 375:5,7 336:16,17 acute airplane 308:24 309:9 331:8,11 385:5 332:19 371:12,13 airplanes add 384:25 350:8 airports adding 384:25 386:21 albert additional 365:6,15 366:14,18 367:7 329:19 alcohol address 308:20 309:9 370:24 371:5 367:3 371:5 addressed alleged 365:14 366:18,21 371:20 320:14 385:10 allegedly addressing 327:4 392:13 306:15 allowable administered 314:7,8 315:1,5,8,13 322:8 302:15 304:14,18 322:10 325:12 336:15 administration 337:5,9,9 375:10 allowed admonish 310:24311:15 311:24 alteration adopted 402:2,3,5 314:11,13 ambient adverse 336:23 337:4,14,19 340:3 354:17 356:10 393:1 american 393:5 337:11 352:18 355:13 adversely amount 303:17,25 304:2 305:11 315:12317:2 357:17 340:23 375:14 394:15 397:10,11 affix 400:13,22,23 306:22 amounts age 332:23 394:8 400:20 296:9 344:22 ample aged 368:6 343:8 analyses agencies 372:14 355:16 387:2,4 analytical ago 373:25 374:5,22 375:1,10 361:9 375:15 agree analyze 355:24 367:1 387:3,4 372:19 397:13 agreed analyzed 296:1 372:18,20 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047781 [ancestors - bio] ancestors aroclor (cont.) attention basf 353:14 302:19 314:9,20 315:1 296:19 308:3 316:16 377:20 animal 316:15,19,23 317:6 336:15 325:11 334:2 339:17 basis 372:24 336:16,20,23 344:2 350:16 377:23 387:24 398:13 313:4,5 349:22 350:19 animals 370:13 attest 359:6 373:23 394:3 302:15 304:14,17 308:22 aroclors 359:10,12 bates 308:22 323:6 350:17 351:8 316:11 317:6 334:11 attorney 301:24 307:22,25 326:15 367:9 378:7 341:16 375:15 403:25,25 338:2 343:1,2 354:10 390:8 anniston arrive attributable 390:14 356:24 313:10 359:13 bearing answer arrived attributed 372:23,23 345:16 364:3 367:14 368:1 317:20 397:10 357:19 beg 368:9,9,11,12,14,16,25 article august 314:16 369:1 396:7 398:19,19 343:21 378:21 391:8,9 339:23 beginning 399:8,12,13,15 402:5 articles auspices 308:6 343:3 372:6 376:4 anticipated 387:9 387:7 399:11 333:6 askarel author begins anybody 310:19 315:22 348:16 360:5 326:16 337:12 369:7,8 askarels 364:25 behalf anyway 352:20 354:18 356:11 authored 295:1,1 329:5 asked 311:5 312:5 327:6 333:19 behavioral aorta 360:22 369:19,23 370:22 348:21 349:17 358:20 393:9 303:21 370:22 373:14 378:1 360:7 366:6 380:7 beings apart 381:19 384:3,11,14 386:1 authorities 367:10 379:4 297:22 300:1 402:6 344:12 345:15 358:10 belief apparently asking 359:8,19 387:15 380:7 362:22 383:3,24 387:11 avian believe appearance aspect 376:5 297:8 304:1 307:1,17 376:24 387:20 avoid 313:24 314:20 315:9,14 appeared aspects 300:25 301:1,15 307:17 317:4 318:9,19,24 320:20 388:22 298:11 364:10 321:21 326:6 327:10,18,22 appetite assist avoided 330:2,24 331:19 332:7 382:13 401:1,23 402:1 297:6 310:4,19 339:21 343:19 362:1,19,25 application assistance aware 364:14,14 374:16 377:15 316:20 301:12,14 357:20 358:15 377:12 380:15 382:25 385:1 applications associated 393:1,4,19,25 390:23 392:1 400:1,8 340:16 320:17,19 awful believed applied assume 386:21 401:18 327:22,23 354:4 appreciate 305:14 306:25 approval 297:9,12,14,19,21,23 approved 352:24 353:2 357:8 april 295:1,1 403:25 aquatic 340:25 346:22 archbishop 320:17 arisen 384:20 aroclor 296:23 298:13,15,22 300:14,20 301:17 302:18 371:24 394:23 b believes assuming back 326:16,23 329:12,16 341:1 assure 317:19 334:9 350:19 atmosphere 318:23 335:23 350:1 357:23 363:7 364:5,6 374:5 388:18 389:22 39925 374:3 396:10,12 bench 384:11 beyond 309:16 backup 362:14 393:13 atmospheric 334:11 atoms 329:19 298 14 bad 371 '12 badische bichloride 386:13 bifida 394:24 atrophy 326:19 372:13 373:2,6 bill 308:25 309:10 371:1,7,9,13 ^R1 10 351:13 371:13 barriers billion attached 365:20 374:17 310:21 based 331:20 332:1 bio attachment 341:23,24 355:17 358:9,9 302:10,13 304:13,19 305:4 346:7,11,12,21 347:3,13,17 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047782 [bio - child] bio (cont.) briefly called caution (cont.) 347:18,23 374:11 386:2 317:25 319:13,13,23 362:3 biodegradation bring calomel 363:12 344:15 383:19 386:16 cautions biological brings cancer 297:1 393:11 350:14 320:7,15,18 363:24 364:16 cc biphenyl broadway capabilities 308:20,20 309:15 327:5 370:8 384:12 295:1 403:25 317:16 central biphenylbenzene brochure capable 385:17401:14 370:8 391:19 306:16 309:3 century biphenyls bromine capacitor 386:19 324:5 342:16 352:21 391:2 384:12 352:20 388:24 certain 391:13 bronchitis carbon 301:2 336:18 374:1 387:9 bird 395:5,7 308:20 309:8 333:22 392:7 367:11 brothers 370:23 371:1,16 372:20 certainly birds 343:9 344:23 373:4 298:21 301:4 321:5,10 367:8 brown carcinogen 323:25 324:17 328:18 birth 358:19 398:12 329:16 330:2,5 360:11 329:20 347:5 352:10 394:17,19,20,23,23 397:6,7 brown's 361:6,15 362:20 363:1,2,13 361:17 369:2 377:15 398:5,17 358:21 Carolina 389:24 397:11 bit brussels 295:1 certificate 400:14 401:3 341:19 342:6,10 carolyn 403:25 blamed buchanan 295:1,1 certify 390:19 341:16 carpenters 403:25,25 blanket bucket 324:16 cetera 350:21 336:22 carried 327:5 blood builders 339:12 chain 347:25 348:3,10 324:18 carry 346:18 bloomington bulletin 381:25 383:13,16 chance 295:1 352:18 carson 379:22 body bulletins 346:25 chances 300:1,7 302:21,24,25 303:1 319:15 323:11 335:10 case 325:4 303:3,13 304:21,22 306:4 345:18 362:6,6,7 320:6,16 363:10 389:4 change 306:11 307:4,6,7,9,9 burn 398:12 359:24 311:25 312:7,14 347:15,24 311:1,3 cases chapping 402:2 burning 318:2 320:1,12 325:16,16 310:22311:11 312:2,9 boiling 386:24 403:8 326:18 354:20 356:14 checked 369:8 business 381:10 372:24 book 317:24 cattle chemical 346:24 347:2 buying 323:16 349:15 314:2316:9317:11,13 born 319:17 cause 330:1 331:9 339:13 340:4 393:25 395:12,18 byproduct 295:1,1 308:13 318:1 356:3 385:24 386:5 396:3 boston 331:3 320:20 335:8,15 336:5 396:21 401:10,14,19 402:1 365:9,16 366:15,19 367:6 bottom 340:24 box 295:1 brain 320:6,12,14,18401:11,14 break 333:4,7,8 369:14 breathe 317:21 breathing c 363:21 371:1,3,7,9,10,10 402:3,4,11,22 calculate 403:25 chemicals 314:1 calculated 312:18 318:4 319:1 331:19 calculating caused 317:12331:3 342:11,12,13 320:15,16 394:17 396:1,20 342:15 346:7 369:10 398:9 397:6 398:5 401:7,10,13,15 chemist 401:16,17,17,19,23 402:1 385:24 332 5 causes chemistry calculation 312:21 318:8 400:14 308:15 362:15 causing 399:12 Chicago calculator 399:24,25 312:2,8 caution 340:15 child 297:1,3,6,12,22,23,24 345:5 392:18 301:1 351:13 382:3 300:24 306:23 311:25 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047783 [children - couple] children combination compound (cont.) consists 393:2,5,19,25 394:18,21,22 370:7 371:15 389:18 391:2 386:18 396:10,13,16 302:8 330:12 395:12,18 396:2,20 397:6 391:17,17 399:11,19 400:24 consumed 398:6 combustion compounds 398:18 chloracne 386:24 303:21 372:20 373:3 contact 320:5 326:18 327:3 330:3,6 coming 381:12 386:10 396:16 300:25 311:1,2 330:7 354:21 356:14 344:4 399:21 399:9 contacts 381:10 397:9 commission conceivably 350:16 351:7 chloracnogen 403:17,25 360:10 361:5 contain 330:9 381:14 396:13 commissioned concentrate 386:3,23 chlorinated 403:25 347:17,18,23 contained 308:12,23 309:1,15 325:22 communicate concentrated 323:16 324:4 360:19 325:25 327:2,5 328:1,16,18 306:1,7 310:12 312:6 346:21 container 328:19,21 329:3,6,9,11,17 351:20 concentrates 315:15 329:23 330:18 331:6,7 communicated 347:13 containing 332:19 334:25,25 346:8,13 306:21 377:8 concentration 352:21 354:19 356:13 347:3,8 360:17 370:7,8,14 communicating 308:13 309:1,8 314:9 315:1 contaminant 370:15,16 371:15 384:11 306:10 351:15 315:5,8,13 317:1 318:4 361:4 394:13,16 402:6 386:6 391:3,10 394:13,15 communication 320:25 321:19 322:1,8,10 contaminants 394:17396:1,11,14,15,17 310:10 325:24 334:24 336:9,11,14,15 337:5,9,10 331:4 394:10400:16,19 396:19 397:5 398:5,8,23 335:6 345:2,3 346:2 361:24 346:7,11,12,16 347:3 348:9 contaminated 399:17 400:5 403:3,8 363:21 368:18 374:7,15 349:3,25 351:2 325:22,25 350:4,5 chlorine communications concentrations contaminating 372:21,23 373:4 384:13 334:23 352:2,8 361:20 316:21,22 317:18 325:12 349:19 386:16,17,21 community 335:7,14 336:5 340:23 continued chlornapthalenes 345:13 concept 295:1 296:11 327:4 companies 346:7 continuing chores 335:11 337:17 342:19 concerned 331:18332:12,15 383:17 355:16 362:11 325:6 375:3 386:12 controlling chronic company concerning 324:20 339:10 295:1,1 297:16 305:2 325:17 341:16 377:19 controversy cirrhosis 316:10 317:14 319:4 326:8 403:25 392:13 403:25 371:10 333:16,17 334:22 335:5 concise copy citing 336:4 337:16 338:25 315:11 306:22 315:24 330:23 387:9 339:16,24 340:15 341:6 condition 334:1 341:22,25 374:12 city 343:12 345:1 346:3 352:7 308:17 309:3 357:25 398:11 403:25 355:6,10,21,23 356:2,17 conditions corporation claims 357:4,10 359:3 365:7,15 382:6 295:1,1 365:16 350:9 366:5 391:11 398:13 conference correct clarification company's 337:11 298:25 299:8,15 300:22,23 365:24 355:1 confined 302:10 304:14,18,24 clarify compare 317:22 336:13 369:8 305:11,25 310:13 312:2 369:19 399:1 confused 317:7 318:5,25 319:7 327:7 clear comparing 304:11 382:18 330:12,19 331:9 337:20,21 304:12 366:4 313:19 confusing 339:7 348:22 349:6,7,10,21 clinical complaint 313:18 350:10351:9 360:11,12 298:11 320:14 conjunction 365:25 366:7,16,19,20 close complaints 330:10 377:1,2,3,21 378:17 380:8 333:3 344:6,7 388:1,6,21 consequences 380:19 391:21 392:4 coating complete 301:13,15 395:20 399:23 401:1 402:8 349:14 377:5 332:21,23 334:10 373:25 consider 403:25 coatings completely 300:12 400:21 counsel 349:19 350:4 313:17 326:17 386:10 considered 296:2,2 314:20,24 349:23 cognitive compound 298:6 300:17 355:19 367:1 403:25,25 393:9 328:14 329:6,17 361:13 considering couple 363:17 364:13 384:22 308:6,11 369:19 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047784 [course - digits] course dated defects (cont.) described (cont.) 345:9 353:9 383:12 299:10 303:7 338:1,21 398:6,17 348:20 374:10 388:20 court 348:24 350:3 365:5 374:13 defendant 400:5,25 363:3,5 378:18 295:1,1,1,1,1 296:3,10 describes cousin david defendant's 331:8 350:3 356:8 359:2 384:13,17 295:1 341:15 342:4 374:12 369:21 374:9 375:19 description cover davidson 378:10,22 330:25 373:25 366:13 383:3 295:1,1 296:17 304:15 defined destruction cows 306:13 309:12 314:12,14 304:21,24 316:12 334:10 323:17 349:15,20 350:5 314:17,23 318:16,22 320:4 definition detail create 320:8 324:7 327:10 331:13 300:5 355:23 331:15 334:11 331:21 332:10,15 333:1,13 deformities details cross 334:18,20 338:6,12,15 393:25 309:20 383:23 295:1 296:11 318:18,19 343:14 346:10 347:14,16 degree determine 369:20 381:18 384:4 385:7 347:21 349:22 350:7 308:13 305:10 341:7 381:13 387:8 395:17 352:14,23 354:9 355:11 degrees 388:13 cry 356:4 360:20 361:7 363:8 334:9 determined 395:10 364:1,7 365:10 366:23 deicer 308:19 cubic 367:15,19 368:3,10,22 384:24 385:5 develop 312:18 313:4,12,20 314:10 369:13,17 371:24 389:11 delaware 298:16,19 353:6,8 315:2,16 318:20 336:11,16 390:5 391:15,23 393:10,12 295:1,1 developed 336:17 393:21 394:2,5 395:13 denied 298:10,11 356:25 cumar 396:6,22 397:24 403:12 399:18,19 developing 324:4 day department 298:6 customer 295:1 315:9 319:10 320:3 297:2,12,13,14,16 298:2 development 339:3 369:2 388:6 331:15 357:24 383:15 323:10,12 339:25 342:7,8 342:7 customers 403:15 344:13,14,14 375:9,12 developmental 307:19 317:23 320:2 days 385:17,18 393:8 334:24 335:6 350:15,19 360:23 379:21 departments develops 351:6,11,16 358:16 359:3 ddt 351:25 316:14 361:19 368:19 347:6 374:2 depending devoted cut deal 346:17 387:9 345:20 316:16 325:11 375:7 depends diagram cysts dealing 297:11 317:12 323:22 327:1 328:3,20 329:10 397:8____________________ 399:8 349:12 357:12 361:24 396:15 d daily 383:13 damage 308:14,14 dan 365:6,15 366:14,18 367:7 danger 369:3 dangerous 309:3 319:6 danville 295:1,1 date 297:17 304:3,6 327:11 333:19 334:15 341:21 342:2 344:16 348:18 352:23 357:4,6 358:20 360:1,3,7 365:11,25 366:8 366:10,13 376:20 380:6 392:6 deals 383:20 400:24 402:3,4 diagramed 376:23 deportation 329:10 death 332:11 diagrammed 368:13,18,21 369:3,5 deposed 328:2,9,23 329:8 396:3,21 390:20 368:5 379:22 dibenzofuran deaths deposes 328:14,21 329:6,11,23 388:7 389:7 296:10 396:11,15,17 397:14 deceased deposition dibenzofurans 295:1,1 295:1,1 296:3 312:17,24 386:6 december 320:13 360:22 366:3 died 342:3 345:2 346:2 376:10 397:23 398:11,14 400:4 320:18 392:16 403:25,25 difference decided depositions 316:13 331:23 386:22 300:17 386:13 different decision depression 302:3 313:19,21 327:1 301:16,21 315:4,7 338:25 308:15 401:16 331:16 355:15,15 356:22 339:2 describe 373:3 384:22 386:10,11 decomposition 301:7 343:12 361:22 398:8 394:9 401:4 372:14,16 373:3,6 described digits defects 305:3 306:8 308:24 309:2 301:25 302:3 394:17,19,21,23,24 397:6,7 311:8 328:22 331:11 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047785 [dilemma - england] dilemma distributed dr (cont.) effects (cont.) 317:3 316:24 320:23 321:16,16 344:17 345:22 346:2,6,12 302:21 303:8 305:5 306:4 dioxide 321:22,24 322:3 323:11 347:12 348:13,20 349:8 306:12,25 307:3,13,17 331:2 348:25 350:25 350:23 351:5,20 352:12,17 312:8,15 339:17 340:3 dioxin district 352:22 353:5,17,23 354:6 341:7 354:17 356:11 362:5 360:10,17,19,25 361:4,5,11 295:1,1 388:10 354:13,23 355:5 356:1,8,16 367:8,9 386:7 388:14 389:8 386:2,3,5,23,25 398:23,23 division 356:21 357:3,9,20 358:1,11 393:1,5 402:6,10,19,20,23 295:1,1 358:24 359:1,25 360:9,17 efficiently dioxins doctor 361:3,20 362:13 363:20 308:15 334:14,25 402:16 353:18 357:15 382:23 364:22,25 365:24 367:3,13 effort diphenyl 385:19 396:19 401:6 368:2,8 369:12,18 370:10 298:1,3,4 323:14 308:23 309:2 328:16,18 doctors 329:17 370:14,16 396:14 383:18 372:7 373:15 376:7,9,23 egg 377:9 378:7,15,21 379:3,19 376:5 384:16 diphenylbenzene document 385:10,13 386:1 389:15,21 eggs 371:16 391:7 299:10,12,14,17 302:7 390:1,23,25 391:11,25 384:16 diphenylene 309:13 311:5 312:5 315:22 392:3,16,25 393:13,16 eight 331:1,2 316:3 317:5 320:21 327:19 394:16 395:18 396:1,10 295:1 315:9 319:10 direct 327:20,24 329:9 330:11,17 397:2,15 398:3,11,15 400:3 either 299:7 302:8 313:11 318:9 331:8 333:18 334:15 400:15 402:18 303:12315:3 341:11 318:16 334:2 370:10,19 338:10 340:11,13 341:20 draws 354:18 356:12 363:13 371:19 374:9,10 377:23 343:16 348:21,24 349:17 329:18 364:11 376:12 379:21 378:6 383:21,24 388:20 349:24 350:9,13,23 353:3 drinker 383:1 389:2 391:25 401:15 395:17 398:13 353:23 355:19 357:4,6 304:8 309:14 339:9 370:10 electric directed 360:1,5,9 365:1,2,4,13,25 drug 309:17 333:16 337:16 369:22 366:5,10,17,24 367:2,21 375:10 358:19 365:7 directing 368:7 371:20 374:10 381:7 drying electrical 296:19 308:3 391:24 392:3 402:19 310:21 311:11 312:2,9 317:23 318:1 320:2 324:15 directions documents due 340:16 354:19 356:13 315:12 298:1,5,9,14,16,19 311:3 317:24 320:18 327:3 361:13 directly doing 389:8 395:7,9 electricians 374:4 383:3 389:3 305:9,12 339:14 344:15 duly 324:14 director 356:6 361:25 379:19 403:25,25 elemental 305:2 326:1 334:22 335:5 400:13 duplicate 372:14 336:4 339:16 345:1 357:3,9 dosage 375:2 elements 364:19 366:5 367:22 397:1,5 duplication 372:19 387:25 393:13 395:14 dose 360:21 elevated directors 308:19,22 371:3,4,8 386:15 dust 317:21 336:12,21,21 362:11 397:10,15,21 398:4,20,20 301:1 elevation discharged 340:22 discuss 340:2 344:12 discussed 337:23 368:13 discussion 359:24 399:20 discussions 376:23 disease 308:17 316:14 390:21 disposal 334:3 352:20 dispute 398:16 distinguish 307:8 399:1,2,3,7,21 400:5 e 309:15 doubt earlier eleventh 333:24 362:14 dr 296:13,19 297:25 299:4 300:9 301:22 302:7 304:21 304:21 312:17 318:17 326:12,13 331:19,22 337:23 338:17 348:2,20 397:22 402:13 elmer 327:6 377:19 381:4 385:10 emmet 305:9 307:10,20 308:3 early 295:1,1 296:8 351:14 309:6,24 310:7,9 311:5 312:17 314:25 315:4,19 316:2 317:5 318:3 320:21 321:12 324:3 325:20 341:12 346:23 348:6 376:12 386:19 eaten 349:20 350:4 403:14,25 employed 403:25,25 employee 326:12 328:6,15,22 329:9 effect 356:24 357:23 403:25 329:22,24 330:2,10,17,23 331:5,19 332:7,14 333:7,8 299:20 300:6,7 318:1 340:23,24 368:13,17,20 employees 367:10 333:12 334:1,15,21 335:4 335:13,24 336:3,8 337:1,23 369:4 371:12 375:21 376:2 401:11,14,19 engineer 385:25 338:16 339:15,23 340:2,20 pffprtc england 341:1,13 342:1,22 343:12 299:18 300:16,22 301:19 321:6 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047786 [enormous - far] enormous european exhibit (cont.) exposure (cont.) 375:14 321:7 326:7 342:19 343:23 330:11 333:11,12,14 335:3 310:18,22 316:15 317:12 enter 345:8,12 337:22 338:5,7,11 340:10 317:19,20 320:7,15 322:11 363:8 evening 341:14,14 348:12,13,14,21 322:12 323:6 325:4 337:19 entire 295:1 349:8 350:2,24 352:13,17 345:13,21 346:20 361:23 302:21,24 303:1 308:7,11 evidence 360:1 364:21,23 368:4 363:16,19 364:11,12 331:14 360:21 380:24 303:25 326:8 360:25 369:21,24 370:18 371:18 368:20 384:25 389:8,17 398:14 361:11,17388:11 372:1,2 373:12,12 374:9 392:19,24 entirely evidentiary 375:18,19 376:17 377:18 exposures 308:21 315:17 361:12 295:1,1 378:22 379:6,11,25 380:3 317:24 364:16 395:16 evolved 380:12,23,24,24 381:2,2,23 extend entitled 300:14,20 301:18 302:18 390:2,7,14 391:21 396:4,21 323:8 354:7 390:10 302:20 402:12 extensive environment exact exhibits 385:1 339:18,19,20 340:3 384:15 316:11 344:16 397:21 295:1 296:13 307:10 exterminators epa 398:1,25 325:20,21 335:13 339:22 323:13 387:6,7 402:16 exactly 378:10 379:23,23 400:8 external epidemiological 332:3 333:6 346:1 396:2 expect 300:1,2 357:13 358:18 examination 369:8 extracted episode 295:1,1,1 296:11 299:8 expectation 372:14,17 379:13 394:6 302:8 305:16 318:9,17,18 316:21 extracts epoxies 318:19 331:15 339:9,11 expected 372:15 373:7 322:21 369:16,20 370:10,19 374:9 323:3,4 extreme eppenberger 374:10 378:6 381:18 383:2 experience 399:11 295:1 403:25 384:1,4 385:7 387:8 388:10 298:15,23 299:3 319:10,11 eyelid equal 388:20 389:13 395:17 337:2 387:22 395:1 331:20 403:25 experienced eyelids equate examinations 337:18 354:17 356:11 397:9 318:13 295:1 338:22 experiment eyes equates examined 308:24 309:17,20 371:14 303:20 335:8,15 336:6,24 400:12 295:1 296:9 302:13,14 experimental 337:2,13,18 397:8________ equating 318:25 equation 313:8 equipment 315:15 344:11 354:19 356:13 error 314:4 391:20 esophagus 303:18 especially 329:25 established 320:20 388:12 395:7 estate 295:1,1 et 327:5 ethyl 308:20 370:24 371:5,5 europe 342:11,13,15,17 344:5 345:18 375:5 303:6,7 304:16,19 343:5 304:16 f 344:19 357:1 403:25 examining expert 395:15 fact 321:11 337:1,3 359:12 375:22 example expertise 344:10 370:12 383:11 400:3 factors 303:18,20 expires 401:7,24 examples 384:9 exceed 403:17,25 explain 298:3 321:1,14 367:10 facts 359:15 factual 334:4,9 336:14 exception 320:5 excuse 401:8 explained 370:9 explosion 349:22 fair 319:19 349:24 398:19 fairly 333:25 342:22 343:2 379:15 361:21 350:24 384:19 executrix 295:1,1 exhausted expose 364:11 exposed 315:10317:1 321:1,19 faith 295:1 296:4 403:25 familiar 355:5,8 383:14 322:2 336:21 337:4 349:3 family exhibit 295:1 296:19 297:10,17 351:3 354:18 356:11 358:16 388:7 393:2,5,20 343:6 344:20 345:14 353:14,16 375:24 401:17 299:4,7 300:9,10,12,13,19 394:1,8 301:22 306:9 307:20 309:6 exposure fao 403:25 309:24 310:7,9,17 312:12 315:18,19 320:22 326:13 298:12 300:14,20 301:17 302:19 303:9 306:3 307:12 far 332:5 351:15 375:2 377:7 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047787 [far - hair] far (cont.) 377:14 383:11 384:10 386:11 395:9 farmer 323:25 324:3,10 farmers 324:12,13 351:21 352:3,8 352:11 fashion 316:10 fat 347:25 348:3 fatigue 382:2,2,5,8,8 383:11,15 401:4 fats 310:20 311:8312:1,9 february 374:13 392:4 fed 323:16 349:14 feed 350:17 351:7 feeding 339:12 felt 310:11 403:1 fence 324:18 field 320:2 325:19 362:9,9 figure 319:1,9 398:25 400:9 figured 398:23 figures 314:4 file 298:16,19,21,22 files 298:24 356:24 filling 389:5 final 297:9,12,14 finally 397:10 financially 403:25 find 303:11 304:19 326:7 353:20 373:10,21,24,25 374:18 382:23 383:7,13 391:9 finding 392:22 findings four given 375:2 307:21 308:4 318:2 348:24 308:22 341:22 364:17 firm 365:5 373:3 368:23 403:25 295:1,1 fourth gives first 342:25 343:3 316:15 299:17 302:3 311:7 316:4,6 france go 318:11 319:8 323:10 326:3 344:6 309:16 318:23 332:3 326:3,14 330:8 337:8 frankly 373:17 375:12 383:22 340:10 341:10 345:23 323:23 353:4 384:10 346:3,6 347:12 349:13 front goes 365:2 367:7,13 369:21 330:23 297:3,20 372:6 376:1 377:11,23 full going 390:13 402:12 403:25 316:4 342:25 402:12 307:23 311:24 315:10 fish function 321:6,8,9 322:11,13 331:13 341:8 343:18 344:14 342:10 332:10 333:1 338:22 340:9 346:22 375:21 furan 349:25 350:15 351:5 fisher 328:2,19 329:3,9,18 331:6 359:25 362:7,8 365:18 295:1,1,1,1 350:9 403:25 396:1 398:24 399:4 366:23 367:15,16 368:10 five furans 381:13 385:4 387:23 342:18 343:8 344:22 325:22,25 326:5,9 330:18 393:10 397:7 388:21 331:7 332:19 334:13,25 gonads flaking 394:13,15,17 396:19 397:5 401:20 349:18 397:15 398:5,5,8,18,21 good fluid 399:14,17,18 400:5 403:3,8 296:18 301:5 305:15,19 310:23 311:2,14,16 317:23 further 362:19,25 383:9 386:15 fluids 326:23 366:17 369:11 gotten 310:19 312:1 318:1 340:16 374:21 403:11,25,25 343:10 focus 339:17 follow 375:6 followed 309:22 315:12 319:13 following 345:1 372:22 375:4 follows 306:2 398:15 food 346:17 350:16 351:7 375:10 forenoon 295:1 form 316:25 320:24 321:17,25 334:12 349:2 351:1 formation 386:24 formed 335:1 402:16 formulation 323:24 325:1 350:16,20 351:7,12 402:22,24 found 323:5 326:7,11 339:19,20 343:6,7,18 344:9,20,21 375:25 397:13 g garrett 339:24 340:2,14 341:1 general 300:1,7 337:16 358:19 383 1 2 22 generally 394:23 generational 395:11 generic 382:5,11 george 341 16 gerard 295 1 germane 300 18 germany 326:19 344:7 377:20 getting 319:22 325:4,18 337:13 351:22 353:12 362:4 367:23 383:14 girl 343:8,10 344:22,24 give 329:20 332:12 government 337:11 345:15 355:16 374:24 387:4 governmental 387:2 grade 352:20 gram 332:2 gratuitously 367:23 great 316:16325:11 375:7 401:9 greenburg 390:15,18 391:8 greene 295:1 greensboro 295:1 grossly 302:14 303:6 guidelines 352:19 gunk 372:16 h hair 343:5,7,9 344:19,21,23 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047788 [half - inerteen] half herbicide hydrogen incident 384:12 397:18,19 361:1,12 379:13 372:20 373:4 396:17 halogens hereto hygiene incidents 384:13 403:25 340:1 378:22 377:20 halowax hereunto hygienist incineration 391:18 403:25 385:23 402:17 hand high hygienists include 326:12 333:12 338:5 340:9 300:14,20 301:18 302:18 337:12 301:17310:2,10 315:5,7 341:13 348:13 350:2 302:20 309:19 335:7,14 hypothesis 320:3 335:14 355:23 352:12 359:25 364:22 336:5,8,14 392:17 308:19 387:13 377:17 398:11 403:25 higher hypothetical included handful 347:24 348:3,8,9 362:23 363:18 364:8,16 298:16,19 300:13 310:4 388:21 highly hypotheticalness 387:12 handling 334:13,25 363:9 includes 352:19 hill 305:16 hanging 342:23 376:23 377:9 history ibt 337:23 338:5,19,21 including 368:13,18,21 369:3,5 happen 322:13,14 316:15 337:15 353:10,12 383:2,12 idea 303:18,20,23 375:18 incomplete happened 335:23 345:17 happens home 383:17 hope identified 299:7 302:8 326:13 380:13 identify 403:7 incorporated 323:2,18 308:16 happy 395:10 399:22 hopefully 315:19 333:14 340:11,13 341:14 348:14 352:13,17 increase 346:16,19 321:14 harm 301:7 309:5 319:23 369:15 hot 311:2,3 365:2 393:4,18 ignore 319:12 increased 305:14 index harmful hour 300:5,6 301:4 304:24 306:3 315:9 319:10 333:1 ignoring 317:25,25 295:1,1 indiana 306:11 307:3,6,6,7,7,17 339:17 head hours 295:1 369:9 household ii 295:1 398:12 illness 295:1 indicate 374:14 365:6 heading 321:5,10,22 324:21,22,23 324:24 383:17 320:1 357:18,18,24 392:23 illnesses indicated 376:9 387:14 389:16 390:10 health householder 322:7,19 298:12 353:15 357:1 359:10,11,13 375:24 indicates 366:17 308:15 354:17 356:10 householders 382:12 indication 361:22 383:22 388:2 393:19 395:19 hear 316:24 320:23 321:3,16,24 322:4 349:1 350:25 human immediately 317:15 implemented 355:17 individual 298:25 308:16 309:4 367:25 heard 377:9,11 hearsay 347:15,24 367:9,12 379:4 humans 350:17 351:8 368:13,17,20 369:4 388:13 import 345:10 important 316:14381:25 individuals 335:11 indulge 373:23 hundred 310:6,12,23 311:14,19,20 360:15 heart 303:2 307:6 394:24 heat 389:4 399:5 hundredth 397:20 husch 311:21,24 312:6,15 350:18 362:21 imported 343:22 industrial 302:10,12 304:12,19 305:3 316:20317:11,13323:22 324:1 337:12 339:13 340:1 heated 295:1 403:25 impotent 349:12 378:22 385:23 309:16 heater hydrocarbon 360:17 382:21 improper 389:8 395:10 industry 309:17 helmes hydrocarbons 308:12 346:8,13 347:3,8 394:3 impurity 321:4 322:13 inerteen 295:1 372:24 326:24,24,25 327:1,1,16,19 367:8 328:1,8 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047789 [inference - knowing] inference interpret jensen (cont.) kelly's 356:7 301:9,10,11 392:17,21 310:17393:13 inform interpretation jensen's kettering 339:3 351:11 392:14 345:14 374:13 392:1 378:5 379:4,8 380:20 information interruption job kidney 298:10 300:10,13 301:17 388:17 339:23 386:14 304:8 305:6 306:2,8 309:7 interval joint kill 309:23 310:5 312:13 353:12 395:3 323:8 367:11 317:10 319:14 329:20 intervals jr kilo 335:12 336:1 341:3 343:13 357:2 295:1 398:25 399:4 343:15,16,17,19 345:3,5 investigate judgment kilogram 362:2,10 374:19 375:19 375:1 398:4 308:21 331:12 400:9,11 383:23 385:2 387:12,13,16 investigation july kimbrough 387:17 389:15 377:8 333:19 334:16,16 402:11 358:10 ingested involve june kimbrough's 397:5 305:19 379:4 327:12 378:18,25 379:6 356:21 ingestion involved 398:12 400:4 kitchens 299:23 300:15,21 298:9 379:12 384:17 juries 322:14 inhalation involving 316:16 325:11 knew 309:1,8 339:10 378:7 325:13 355:13 jury 303:3 307:16 311:23 312:6 inhaled irrelevant 321:2 325:13,14,16 381:23 314:6 319:18 322:12 329:3 308:12,23 315:17 320:8 394:5 396:7 justified 337:1,6 345:14 373:24 inhaling 396:23 397:25 317:4____________________ 388:11 400:16 403:6,9 299:22 303:19 309:4 369:9 irritating k know inherent 363:17 initial 386:15 initially 333:2 injuries 325:13 injury 308:18 315:12 325:16 388:7 insecticides 323:7 347:10 inside 323:15 324:6 insinuation 391:24 instance 337:17 362:23 institute 355:14 instruct 367:16 instructing 368:3 intercourse 383:6 interested 375:16 382:20 383:8 403:25 internally 323:4 336:20 k0006367 296:25,25 297:21,25 irritation 335:8,15 336:2,5,24 337:2 354:12 kelly 298:13 300:19 302:21 303:2,5,10,14,15,16 307:16 337:13,18 397:8 irritations 295:1,1 296:8,13,19 297:25 299:4 300:9 301:22 302:7 312:12314:8,13,25316:10 316:25 317:5 320:16,25 354:22 356:15 isolated 320:12 304:21 305:9 306:9 307:10 307:20 308:3 309:6,24 310:7,9 311:5312:17 321:6,8,18 322:1,9,10,11 322:13,22,24 323:9 324:9 325:1,1,3 327:25 328:3,4 issue 325:24 334:24 335:6 341:2 314:25 315:4,19 316:2 317:5 318:3 320:21 321:12 329:3,4,5,8,10 332:3 333:20,21 335:10,22 336:4 345:2 352:2 361:4 368:18 384:19 391:11 392:8,18 324:3 325:20 326:12 328:6 329:9,22,24 330:2,10,17,23 336:19,20,22 337:12,17 340:5,18 341:4,11,12,19 issued 331:5,19 332:7,14 333:7,8 342:5,6,8,14,20 344:3,3,16 302:17 352:7 issuing 361:20 333:12 334:1,15,21 335:4 335:13,24 336:3,8 337:1,23 338:16 339:15,23 340:20 345:11,14,25 346:1,14 347:4,20,22 348:5,11 349:2 349:10,11,16 351:2 352:9 items 369:19 373:16___________ jack j 341:1,13 342:1,22 343:12 344:17 345:22 346:2,6,12 347:12 348:13,20 349:8 350:23 351:5,20 352:12,17 352:25 353:4,22 356:5,5,19 356:20,23 357:7,14 358:1,6 358:8,8,21,22,22 359:6,7 360:3,7,25 361:16,17 339:24 341:1,5 352:22 353:5,17,23 354:6 362:12,14 364:25 366:1,2 january 351:19 352:24 357:7,8 japan 394:1,18 396:2,19 398:6 354:13,23 355:5 356:1,8,16 357:3,9,20 358:1,11,24 359:1,25 360:9,17 361:3,20 362:13 363:20 364:22,25 372:18 374:4,6,17,24,25 375:13 376:3 377:4,6,12 380:16 384:23 385:6 387:2 390:25 391:4,5 393:24 japanese 365:24 367:3,13 368:2,8 395:4,6 396:18 397:9,21,21 394:9 395:6 398:16 399:22 jenkins 369:12,18 386:1 389:15,21 390:1,1,23,25 391:11 392:3 398:1 399:23 400:13 401:12,15 402:14,15,21,22 333:16 jensen 392:16,25 393:16 394:16 395:18 396:1 397:2,15 403:1,9 knowing 343:4,5,18 344:11,19 398:3,11,15 400:3,15 396:7 373:15 375:11,17,20 392:1 402:18 403:14,25 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047790 [knowledge - material] knowledge leached literature mac's 341:6 357:10 361:2 367:4 350:3 320:11 326:4 385:2 388:22 316:17 376:1 395:25 403:25 leaching 389:2,7 main knowledgeable 349:18 351:22 little 316:13 362:8 lead 304:11 312:4 325:8 333:2 maintaining known 300:15,21 301:18 302:20 361:9 400:14 401:3 309:18 324:4 398:9 306:3 307:12 310:21 liver making knows 386:24 305:7 308:14,17,25 309:10 301:11 351:8 370:1 301:2,4__________________ learn 316:14371:2,7,10,11,12,13 male's I 345:23 346:6 347:12 390:21 learned local ll-P- 295:1 373:15 392:16 311:21 label lecture locate 296:23,24 297:4,15,20,22 356:4 296:13 301:22 310:7 297:23 298:2,7,17,20,25 left located 299:1 300:18,25 306:16 310:14 325:17 326:8 366:2 301:23 307:2 309:21,23 310:14,14 400:17 location 315:5,15,17 317:17 318:3 319:4,19,22,23 362:2,3,21 legal 297:16 365:8 long 363:11,12 387:12,16,21,23 lesions 299:1 333:6 339:12 388:7 labels 354:21 356:15 389:8 402:4 307:11,15,16 309:7,25 lethal look 317:9,25 319:13,14 334:23 332:19 398:20,20 399:1,7 319:11 369:21 371:18 335:18 336:1 362:1 letter 387:21 399:24 laboratories 306:16 325:10 329:2 looked 380:21 333:15 340:14 341:15,17 326:10 345:15 358:3 laboratory 345:10 365:22 366:13 looking 353:10 378:5 laboratory's 374:12,16 letters 315:14 344:7 loop 305:4 351:16 362:10 351:15 language level lose 297:9,11,13,19 298:2,6 319:7,18 336:20 346:21,21 317:15 299:20 306:10 310:2 335:14 347:24 395:8 400:10 levels loss 382:13,16,17,18 383:4 large 337:4,20 348:5 392:17 400:25 401:1,13,21,22,23 323:14 340:22 394:8 liberal 402:1 larger 316:23 lost 397:11 lassitude libido 382:16 383:4 401:22 312:3 349:25 lot 381:24,25 400:25 401:3,6,7 life 300:4,4 314:4 355:14,15 401:8,10 323:8 340:25 383:9 358:25 386:1,21 387:8 late likelihood 401:18 339:21 341:11 346:5,23 387:23 lots 376:12 377:10,10 limit 371:10 law 316:11 louis 295:1,1 limited 295:1,1 320:17 341:16 lawful 354:20 356:14 375:8 377:16 403:25,25 296:9 lawsuit line 331:14 360:21 low 399:10 325:13 liquids lower lawsuits 354:19,20 355:20,22 334:10 325:6 356:12,13 m lawyers 325:18 list 302:13 362:7,9,9 m.d. 295:1,1 296:8 403:14,25 layman's listed mac 381:24 382:19 333:22 343:19 381:22 319:15 401:20 man 332:21 353:21 364:12 377:7 383:5 385:9 387:18 mankind 398:9 manner 309:2 311:3 383:22 manufacture 344:5 354:18 355:20 356:12 357:19 362:13 391:16 manufactured 298:23 342:12,14,19 357:16 397:12 manufacturer 355:21,24 356:2 manufacturers 355:25 manufacturing 297:13 344:5 359:11 379:14 march 311:23 348:19 351:19 365:5,12 366:11,12 376:21 377:6 403:25 marked 295:1 315:18 333:11 334:3 335:3 337:22 338:6 339:22 340:9 341:13 348:12 352:12 359:25 364:21,22 369:21 371:18 374:8 376:16 377:17 378:10 market 342:21 384:5 marketing 297:13 374:23 384:6 mass 320:19 material 297:24 298:10,23 304:20 307:15 313:8 319:13,21 323:2,14 332:24 336:12 340:22 344:6,8,9 369:9 370:17 373:2 375:25 392:22 395:9 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047791 [materials - natural] materials medical (cont.) milk monsanto (cont.) 331:4 334:13 357:17 339:25 345:1 353:6,8,18 323:16 343:11 344:25 342:9 343:12 344:1,3 345:1 375:17 379:12 381:17 354:15,23 355:1,6,9,20,22 345:6,24 347:13,19 348:8,9 346:3 349:13 352:7 355:1,6 matter 356:9,16 357:3,9,11,20,25 349:15,20,20 350:5,5 355:10,12,13,18,21,23 308:7,11 353:21 359:14 358:2,6,9,12,15 359:2,17 351:23 376:24,25 356:1,7,17,23,25 357:4,9 367:16 362:8,11,19,25 364:19 milligram 359:3 365:15 366:2,5,18 matters 366:5 367:22 383:18,25 331:12,25 332:2 336:17 373:15377:12381:16 403:25 385:18,19 387:25 388:13 398:22,25 399:5 400:11 384:4,6 385:17 387:11 maximum 393:13 395:14 398:16 milligrams 388:1,5,23 389:6 390:8 314:7,8 315:1,5,8,13 318:4 401:6 312:18 313:4,12,15,20 391:11,24 393:14 394:10 322:8,10 325:12 336:15 meeting 314:10 315:2 318:20 394:10 395:12,19 398:13 337:5,8,9 330:12,13,14 380:16,20 336:10,16 399:2,4 400:17 403:25 mayer meetings million monsanto's 390:18 391:8 375:8,9 312:19,22,25 313:2,11,13 335:7 337:4,8 339:4 345:8 mccrea member 313:14,21,23,24,25 318:5 354:23 357:11,21 361:5 295:1,1,1,1,1 296:12 339:25 318:10,12,21 319:2,3,3,5,6 381:14 387:12,14 388:2 305:12 314:20,24,25 memo 332:4,8,9,23 390:13 395:14 332:17 333:5,10 338:8,10 327:6,11 381:4 millions month 338:14,16 352:15 354:10 memorandum 386:18 357:1 383:6 355:19 356:5 364:5 367:1 302:17 304:3 305:18 mind months 368:2 369:11,19,22 370:1 306:21,22 326:18,21 349:25 389:25 343:8 344:22 365:5 375:4 370:22 371:20,23 372:3 341:17 351:14 376:20,22 mine moore 373:11,22 376:16 378:1 377:18 379:7 380:5,7,10,16 399:21 295:1 381:5,19 382:8 384:3 385:8 380:20 381:9 385:8,9 minimal morning 387:14 388:9 389:14 memory 325:5 400:8 403:11 399:16 minutes mothers mccrea's memos 299:3 333:2,3 394:1 397:6 386:1 387:10,14 mischaracterization mother's mcc's mental 309:13 343:11 344:25 345:6,23 316:9 382:2,5 missed 347:13,19 348:8,9 mean mention 363:4 mouth 296:15 297:11 298:4,13 305:13 326:21 380:9,24 missouri 299:23 331:24 386:18 299:25 300:3 303:16,16 381:6 295:1,1 403:25,25,25 move 306:14311:13,16,19 313:1 mentioned mistake 347:21 361:7 364:1 368:11 317:13 323:22,23 330:5 318:2 373:16 375:24 382:8 370:11 368:22 394:2 395:13 396:6 342:14 345:22 346:10,14 387:14 mixture 396:22 397:24 346:15,15,16,18,19 347:22 mentions 391:10 mulliss 349:12 357:12,13 358:4 326:25 mo 295:1 359:5 361:3 372:15,25 mercury 295:1 muscles 375:23 382:19,21 386:6 386:13,15,17 moderate 303:1 307:7 389:2 393:7,7,9,9,11 messed 332:22 n 394:20 399:23 meaning 320:23 321:18 348:25 means 299:22 300:4,5 307:3 307:23 molecule meter 386:11,15,17,17 312:18 313:5,12,20 314:10 molecules 315:2,16318:20 336:11,16 329:19 386:16 336:17 monopoly nails 303 1 name 326:25 390:15 392:25 namprl 312:19 349:23 372:16 methodology 373:1 382:17 386:21 364:18 402:25 methods meant 387:19 330:3 336:8 microscopic measure 305:21 314:18315:15 microscopically medical 302:15 303:7 297:2,12 298:1 305:2 326:1 mild 334:22 335:5 336:4 339:16 332:21,22 342:20 3859 mons 301:24 307:25 338:2 390:8 naphthalene 391:10 390:14 naphthalenes monsanto 295:1,1 297:16 299:12 389:17 390:19 391:3,5,6,14 national 305:2 316:9 319:4 321:18 326:2,19 333:16 334:22 352:19 355:14 natural 335:5 336:4 337:11,15 338:25 339:16,24 341:6 310:21 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047792 [nearly - paragraph] nearly number (cont.) oh (cont.) outside (cont.) 354:16 356:10 382:6 390:8,14 401:9,16,23 380:1 387:4 397:17 402:14 395:16 necessary numbered oils oven 339:1 363:14 338:2 343:1 310:20 311:4,8 312:1,10 389:5 necessity numerous okay oxidation 339:13 375:8,9 312:25 330:7 334:20 334:12 402:7 403:2,7 need nurse 338:15 367:22 369:13 oxide 333:4 356:4 357:16 374:8 379:16 380:2 395:24 328:17,18,18 329:18 331:2 needed nursing 399:8 331:5 396:14 364:10 392:18 olive oxygen negative o 295:1 393:23 neglected 305:13 363:18 oath 403:25 object olliges 295:1 296:4 403:25 omit neighborhood 304:15 306:13 309:12 396:9 398:21 neither 314:12,17 318:16,22 320:4 320:8 324:7 331:13,17,21 onboard 377:7 403:25 nervous 332:10 347:14,16 349:22 350:7 355:11 360:20 361:7 once 386:14 401:14 netherlands 326:6 375:13 364:1,7 366:23 367:15 368:10,22 373:22 388:9 391:23 393:10,12,21 394:2 ones 335:17 394:22 opinion new 316:19 395:13 396:6,22 397:24 objection 319:4,19 363:23 opportunity nitro 326:19 361:1 373:10 377:20 379:13,16 381:11 332:12,16 350:8 363:8 391:15 obtain 368:6,23 opposed 312:7 321:3 381:14 nonchronic 322:8 obtained oral 299:23 300:15,21 354:21 356:14 nonextractability 350:20 317:18 375:17 obviate 317:3 orally 306:16 ordinary nonindustrial 323:19 349:9,11 obviously 319:25 359:11 308:17 organisms nontoxic 308:21 occasional 354:20 356:14 340:23 346:22 organization normal occurs 324:1 308:21 311:3 383:9 north 295:1,1,1 403:25 310:22 382:6,11 o'clock 295:1,1 organized 369:14 organs nose 335:8,15 337:18 notarial 336:6,24 337:2,13 October 299:10 ocular 395:1 304:7 305:6 306:8 302:13,14 303:3,6,6,12,22 303:24 304:13,16 305:3,7 305:10,16,20,21 338:23 339:6,10,11 403:25 oettel original notary 295:1 296:5 403:21,25,25 noted 376:4 326:16,22,23 328:13,15,22 329:12,16 330:20 372:7 381:11 396:10 office 315:25 338:10 ought 394:20 ounce notes 341:19 342:6,9,10 397:16,17,18,19,20,23 330:12 november offices 295:1 403:25 398:18 399:14 400:6,9,22 400:23 366:9 395:14 number offspring 398:17 outflow 344:4 303:21,21 307:22,25 343:24 345:20 354:9 367:5 oh 296:16 330:8 372:3 375:7 outside 298:14 325:3,8,19 381:8 329:19 372:21,23 373:4 P p.o. 295:1 pacini 340:14 page 295:1,1 301:24 307:22,25 308:4 316:4,5,6,7 326:15 326:21 328:2,9 330:19,24 334:2 338:2,5,16 343:1 354:3,6,9,10 370:13,21 371:19,20,23 372:4,6 377:24 381:6 390:7,12,14 392:9 396:3 398:15 402:12 pain 395:3 paint 310:22 322:16 323:18,23 323:24,25,25 324:5,11 325:2 350:16 351:6,12 377:13 painted 324:1,2 painters 324:13 painting 324:24 349:11 paints 322:25 323:5 papageorge 333:15 351:13 352:1 365:4 365:14 366:14,22 368:5,5 368:16 377:7 402:11,18,24 403:1,6,9,10 papageorge's 367:14 paper 359:2 374:13,20 376:6,10 392:1 paragraph 299:17 308:4,10 310:16 316:4,4,6,7,18 326:15 334:2,6 340:21 343:1,3,13 343:15,20 344:17 350:12 351:17 354:6,14,24 355:2,4 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047793 [paragraph - pretty] paragraph (cont.) pcb (cont.) phenol polybrominated 356:6,8 358:7 367:14 351:6 357:19 374:1 375:2 327:2 384:12 368:24 369:23 370:21 377:8 384:16,19 388:2,2,7 phrase polychlorinated 372:6,10 377:24 378:3 389:5 390:19 394:9 399:2 306:25 310:15 324:5 342:16 352:21 390:13,17 402:13 pcbs physical 389:17 390:19 391:2,5,6,7 paragraphs 302:15 303:19 304:14,18 353:10 360:25 383:2 391:13,13,19 316:3 304:19 305:5 309:8 310:2 physician pool pardon 310:10,13 311:8,24 312:6,8 357:25 322:15,20 323:23,24 314:16 312:14 314:23 315:6,8 physicians 324:24 parentheses 317:7,10,17,18 320:7,15,23 353:13 357:21 362:11 pools 402:13 321:3,7,16 322:15,18,21,23 piece 325:3 part 322:25 323:7,15,19 324:21 359:1 portions 296:10 305:17 307:9 325:2,13,17,22,25 326:5,7 pigmentation 376:22 313:25 319:2,5 332:4,8 326:9,10,20 332:21,23 394:21 395:2 397:9 posed 334:8 336:19 338:10,11 335:1,12 337:4,15,20 339:5 place 368:15 344:18 363:4 383:25 339:20 340:19 341:2,7 319:8 326:3 380:17 position partial 342:19 343:6,7,21,22 345:8 places 316:9 342:5 385:15 334:12 402:7,17 403:2,7 345:10,23 346:4,19,20 342:15 positive participate 347:5,13,18,24 348:8,9,25 plaintiff 329:20 301:16 349:9,13,18 350:3 351:22 295:1,1,1 296:2 373:22 possible participated 355:25 356:2 358:17 388:9 363:18 301:21 320:13 359:13 361:2,13 368:20 plaintiffs potency particular 370:2,4 375:20 376:24 379:25 382:18 401:22 325:15 343:20 344:9 377:4,13 378:7 379:8,16,19 plaintiffs potent 345:12,17,19 350:20 380:10,25 381:7 384:15 295:1 315:18,19 320:22 329:16 360:10 361:6,15 353:13,15 355:4 361:9 386:2,6,23,24 388:12,14,23 326:13 330:11 333:11,12 362:20 363:1,13 396:13 367:7 395:8 398:14 389:9,18 391:5,19 392:17 335:3 337:22 339:22 potential particularly 392:20 393:2,6,20 394:1,11 340:10 341:14 348:12,13 340:3 361:22 368:12,20 345:12 355:17 389:16 397:12 399:8,20 400:16,19 348:20 349:8 352:13 360:1 369:4,6,7,10 390:22 391:12 402:7,7,17 403:2,8 364:21,23 371:18 372:1 precisely parties pcb's 373:12 376:17 377:18 316:12 403:25,25,25 326:21 339:17 379:6,23 380:3,12,24 396:4 pregnant parts pentachlorphenol 402:12 389:16 390:20,23,24,25 312:19,21,25 313:1,2,10,14 327:4 plant 391:1,12 392:19 313:21,23,24 318:5,9,12,20 people 326:19 356:24 361:1 preparation 319:2,3,5 331:20 332:1,23 300:4 319:16 352:10 379:17 334:23 345:9 355:15 356:20,25 362:8 plants prepare patch 374:6,22,23,25 375:8,11,12 357:16 297:3 298:20 299:1 379:4 375:16,23 377:16 384:11 please prepared pathological 386:19 387:10 394:8,23 299:4 308:9 352:14 372:10 296:24,25 297:17 300:9 338:22 339:9 395:7,8 398:16 399:15 388:17 390:1,17 312:12 393:7,22 patient period plus preparing 353:5,9,19 382:23 314:23 326:1 335:4 336:3 308:20 297:6 298:2,17 patients 354:16 356:10 pneumatic presence 383:18 person 340:15 326:5 332:22 pay 300:19 353:11,21,22 point present 316:16 325:11 387:23 382:21 316:19 350:15 377:7 384:3 326:9,9 374:17 379:16 pc personnel 385:7 382:24 397:12 315:2 365:6 poison presented pcb persons 344:25 345:6 386:14 304:13 340:4 395:15 302:9 303:9 306:3 307:12 390:21 399:15 presumably 309:7 311:14,25 313:1 ph.d. poisoned 343:22 365:17 373:5 314:9 315:16 323:2 332:18 385:16,20 343:11 398:17 presume 335:7,7 336:5 337:14 339:4 phases pollution 341:24 352:25 365:21 340:4,17 343:9 344:2,3,20 298:15 334:12 pretty 344:21,23 345:6,9 350:25 324:12 398:22 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047794 [prevent - recollect] prevent properties q raw 310:5 319:22 336:1 362:4 298:22 363:11,12 384:6 property prevented 363:17 381:16 364:13 proposed prevents 302:9,12 303:7 305:4 363:14 protect previously 309:22 315:11 364:14 380:13 387:17 primary protected 374:25 319:12,14 364:12 printed protecting 357:4,6,7 363:24 387:19 prior protective 331:15 360:22 377:4 310:21 private protects 357:21 363:22 probably protocol 298:25 299:2 306:22 302:9,12 304:13 305:4 325:17 327:3 329:18 337:24 338:1 388:13 336:10 343:10 344:24 proven 346:5,9 348:6 382:2 386:19 307:18 problem provide 342:24 344:2,2 345:12 301:12,14 349:18 351:21 374:19 public 377:9 396:2 295:1 296:5 319:17 403:21 problems 403:25,25 317:22 361:22 371:11 publication 384:15,16 388:2,23 393:19 376:6 394:11,22,24 395:1,1,19 publications 396:20 401:17 356:22 process publish 379:15 394:9 358:4 produce published 403:2,8 352:25 353:1 376:10 produced 378:21,25 385:2 387:5,6 295:1 296:9 402:7 389:7 producing purchased 309:3 356:3 qualified 331:4 381:17 359:8 368:24 ray quarterly 353:11 378:23 read quarterphenyls 307:16308:9 310:16311:7 396:18 316:2 318:23 319:25 question 326:14 327:15,23 329:13 304:10 305:1 306:5 308:16 329:15 333:21 334:4,6,8 312:4 314:5 322:9 327:5 340:12,20 342:25 343:20 345:16 347:18 356:16 344:18 346:24 350:12 362:14 363:3,4,6 364:4,5 354:13 363:7 364:5,6 367:5 364:16 365:23 367:3,5,7,14 367:7,13,16 368:3,8,9,16 367:21,25 368:8,14,14,15 372:9,10 376:23 379:22 368:25 369:1 388:15 387:21 388:18 389:22 393:16,17 395:23 397:4 390:12,16,17 391:9 392:6,7 398:14 399:8,14 400:1,3 392:7,9 402:5,18 reading questioning 300:19 368:11 391:25 331:14 360:21 396:12 questions reads 295:1 296:12 365:14,21,22 398:15,19 366:18,21 369:11,17,18,23 real 370:1,22 371:21 373:14,17 367:9 368:12,17,20 369:3,4 378:2 381:19 383:10,19,21 369:15 386:2 389:11,14 403:11 realize quickly 395:10 369:15 really quite 307:23 339:7 342:6 370:16 313:3 326:11 382:2 400:13 382:1 quote realm 350:24 360:10 385:8 325:8 quoted reason 326:22 371:25 381:5 301:6 304:1 361:18 383:7 386:12 reasonable quoting 316:21 323:1,12_________________ reasons 301:3 309:21 310:25 r 362:19,25 388:10 product purpose rabbits recall 318:8 319:5 340:17 362:13 306:15 373:20 375:1,16 372:25 304:10 312:19 313:25 363:21 381:14 384:4,6 put rachelle 323:24 326:10 333:6 338:3 386:2 296:25 301:2,5 307:1,15,15 346:24 347:9,11 369:22 373:12 production 309:6,14,19,19 317:9,13,17 ralph 376:17 378:1,11 389:23,23 327:2 319:3,8,9,15,19,22,23 295:1,1 397:22 products 335:23,25 345:18,19 ran receive 309:7 332:18 335:7 339:4 352:18 361:18 362:1,3,21 399:24 343:14 345:6 388:1,6 360:19 361:5,21,23 363:11,12,14,15 387:17,19 rash received professional putting 301:9,10 362:15,17 363:15 343:13,15,18 295:1 296:4 323:13 403:25 300:12 363:21,23 364:9 receiving prolonged pydraul rat 340:24 341:25 300:25 301:1 302:19 303:9 340:16 308:21 recognize 306:3 307:11 310:18 312:4 pydrauls ratio 305:2 prominent 340:19 313:11,21,23 recollect 389:24 rats 377:15 399:1 400:12 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047795 [recollection - science] recollection regard reports (cont.) right (cont.) 340:6,8 376:11 301:12 321:2 344:17 388:21,24 389:7 393:15 333:10,23,25 334:8 335:20 recommend regarding representatives 342:22 365:19 366:4 367:1 310:25 388:22,24 355:15 370:18 371:14,17 372:22 recommendation registered represented 373:8,11 376:25 377:17 350:22 295:1 296:4 403:25 295:1,1 379:1 380:7,12 381:2,18 record related reproductive 382:7,10 390:5 399:12 308:9 310:17 316:2 326:16 361:23 388:2 403:25 394:11 ring 329:24 334:5 340:21 relates requested 372:23 342:25 344:18 350:13 346:19 349:8 367:21 363:7 364:6 388:18 389:22 risebrough 354:13 357:24 359:23 relations reread 375:11 376:7 367:17,24 368:11 390:13 365:7 363:3,5 risebrough's 390:17 392:9 403:25 relationship research 376:3,9 recorded 313:12 373:5 319:16 373:16 378:2 379:3 rising 320:6 relative 379:7,10,19 385:16,17 341:18 records 403:25 residues risk 353:6,8,18 354:16,23 355:1 relatively 372:13 373:2 303:8,14,15,16,19,22,24 355:6,8,9,12,18,20,22 399:10 resins 305:4,7 354:7 364:11 356:9,17,23 357:11,15,20 released 322:23 392:19 358:2,7,9,12,15,23 359:2 325:2 resisted risks 359:17 relevance 308:14 354:15 356:9 recross 350:8 360:20 363:9 391:15 respect robert 295:1 389:13 393:12 339:5 367:3 295:1,1 296:8 403:14,25 redirect relevant respiratory room 295:1 369:14,16 332:24 335:9,16 336:6 337:3,19 336:23 369:8 reduced remain responding roughly 403:25 310:24311:15 374:14 399:6 400:9 refer remember responses running 299:4 307:20,25 330:19 312:23 323:1 344:10 345:7 365:21 353:15__________________ 390:1 402:10 385:10 388:15,16 392:21 responsibility s reference 399:23 400:7 325:21 327:16 332:5 338:2 removal 301:20 responsible S000197 343:3 351:8 355:3 356:7,9 referenced 310:20 repeat 297:1 327:3 334:22 restrict safe 317:19,20 318:8 319:5,18 326:4 354:24 355:2 references 365:11 388:17 389:19 repeated 346:3 result 350:21 sale 402:11 299:23 300:15,21,25 308:24 309:9 392:23 346:4 referred 338:17 370:1 378:2 385:8 referring 310:18 repeatedly 307:14 319:21 391:18 resulting 311:1 results sales 323:14 342:7 samples 307:10 317:6 325:20 341:2 repetitiveness 342:1 343:25 366:13 332:11 379:10,12 381:3 402:10,14 report 402:20,22 374:3 392:15 353:11,11 378:20 retired 360:24 365:6 366:8 395:14 reverse 343:7 344:21 375:15 376:25 saw 326:11 357:14 refers reported 387:5 saying 299:18 370:13,14 391:8,9 402:19 reflect 298:1 320:1 374:4 375:20 376:2 review 389:2 390:18 392:14,17,22 298:24 316:18 359:2 reporter 389:15 295:1 296:5 315:18 333:11 reviewed 306:18 317:21 320:19 326:11 337:8 364:8 391:20 says 296:10 300:25 304:15 reflected 335:3 337:22 339:22 298:17,20 330:11 357:22 311:16328:3,13 329:13,15 341:3 345:3,5 358:7 reflects 348:12 363:3,5,7 364:6,21 richard 388:18 389:22 403:25 385:9,10,11,13 330:22 345:9 358:11 365:20 367:8 372:13,22 349:18 359:17 refresh reporting 295:1 403:25 right 304:12 307:18 310:16 382:14,15 383:6,9 science 376:11 399:16 reports 313:6,19 314:5 318:19 326:11 378:9,15,18 388:1,6 319:1 328:20 332:14 305:14 398:16 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047796 [scientist - spray] scientist shells sir (cont.) sold (cont.) 376:2 376:5 384:16 317:20 325:23 327:8,17 342:13,19 scientists short 331:1,7,10 332:20 333:25 sole 319:16 362:7 373:18 319:24 369:13 388:22 335:2,20,25 337:25 338:18 356:2 402:15 shorthand 338:20,24 339:7 340:12 solvent scope 296:4 341:4 343:3 345:7 348:15 311:8 312:9 372:18 384:23 395:16 shoulder 348:23 349:5 350:6,11,14 solvents seal 342:23 351:4,10 353:25 359:22 310:20 312:1 403:25 show 364:20,24 365:3,8,19 somebody second 298:5 327:2 356:10 374:8 366:20 370:3,25 371:14,22 341:18 342:6 358:13 316:18 330:24 372:9 381:5 394:11 372:12 373:8,11 375:23 somewhat 395:11 398:3 showed 377:14,22,25 378:19,24 328:4,13,14,15 329:7,17 seeing 305:7 354:16 356:25 379:2,5,9,18,20 380:2,4,8 396:10,13 398:24 353:13 373:11 376:16 380:11,22 381:1,18 388:4 sorry seen shown 389:1,10 390:4,6,9,11,16 330:4 365:10 375:18 320:11,12 333:24 341:20 341:24 366:3 391:16 392:5,21 394:12 376:17 389:21 390:24 341:25 353:3 359:1,5,16,19 shows 401:2,5 402:9 sort 365:17,25 367:20 349:20 393:1,5,19 sisters 382:12 selective shuts 343:9 344:23 sorts 303:12 386:14 sit 369:10 sell sic 392:25 sources 321:5 322:6,7,15,18,21,23 341:18 sites 343:23 322:25 323:7,15,19 324:21 sick 344:5 south 324:25 342:11,16 349:13 299:24 301:11 306:24 situation 365:9,16 366:14,19 367:6 sending signature 350:3 373:9 391:18 space 329:2 403:25 six 336:13 sensational significant 295:1 338:13 343:10 spaces 343:8 344:22 325:4 344:24 369:9 317:22 sent silage sixth speak 327:9,13 341:22 351:16 323:16 349:14,19 350:4 334:3 367:2 374:22,23,23,24 375:15 351:22 377:9 skin speaking 392:3 silent 300:2 301:1,9,10,15 305:8 325:8 sentence 346:24 310:3,5,11,13,18,20,24,25 speaks 311:13 326:14 334:3,5,5 silo 311:1,9,11,15,17,18,22,25 366:24 340:20 372:9 381:5,8 324:6,11 349:11 312:1,7,8,8,14,15 354:21 species 402:13 silos 356:15 362:15,16,17 346:17 376:5 sentences 323:16,25 324:2 349:14,19 363:15,21,22,23 364:9,13 specific 311:7 350:4 351:22 377:5,13 364:15 394:22,25 303:3 325:14 338:2 series similar skipping specifically 365:13 372:23 328:4,13,14,15 329:7,17 338:12 346:8 serious 361:2 386:5 396:11,13 slice specify 350:14 386:14 388:7 389:8 similarities 359:14 394:20 set 386:7 slight speculating 298:14 337:10 403:25 similarity 308:13 348:11 361:10 setting 386:8,9 small speculation 321:4 simply 398:22 306:14,18 307:1 324:8 seven 304:15 smith 336:19360:16361:15,16 338:9 354:10 366:25,25 single 295:1 390:18 361:18 362:23 363:9 sex 359:1 smith's speech 382:20 383:8 sir 391:8 392:1,2 sexual 296:21 299:6,11,13,16,19 soap spina 382:17,18383:5 401:1,13 301:23 302:16 303:10,19 310:25 394:24 shape 304:25 307:5,14,22,24 socioeconomic sprague 296:18 316:25 320:24 308:2,5,8 309:11 310:1,4 395:8 333:16 321:17,25 349:2 351:1 310:15,18311:10,12,22 sold spray 312:16,20 315:21 317:8,11 323:9 324:23 332:21 385:5 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047797 [spring - ten] spring stating sufficient synthesized 346:24 303:24 356:22 308:13 371:3,8 372:24 springtime stay suggestions system 386:20 316:22 381:12 401:14 ss stays suite systemic 403:25 311:17 295:1,1 299:18,20,25 300:6,16,21 St sticker sum 301:15,19 302:20 303:8 295:1,1 320:17 341:16 353:24 354:3 298:8 304:21 305:5 306:11,25 375:8 377:16 403:25,25 stipulated summarized 307:3,12 318:1 388:14 stamp 296:1 316:10 systems 343:2 354:10 store summary 383:23_________________ stamped 349:14 349:24 t 326:15 standard str 343:1 superimposed 308:18 taken 295:1 296:3 323:4 386:18 352:19 383:25 strausberg supervised 395:9 398:12 403:25 standards 355:14 341:18 stream 322:12 support talk 343:21 347:2,5,6,8 standpoint 312:13 340:24,25 street 355:6,10 356:18 357:11,22 359:20 talked 351:13352:10357:15,16 start 302:4 321:23 392:12 started 295:1,1 supports strict 359:3,18 317:2 321:1,2,11,20 322:2 suppose 375:11 talking 313:3 325:12,14 326:24 323:10 344:7,15 starting 322:5 324:20 349:4 351:3 336:18 362:22 strike supposed 328:5 329:25 331:16 335:17 340:15 345:7,8 334:3 390:14 starts 372:7 314:7 347:18,21 361:7 364:1 368:11,22 394:2 395:13 396:6,22 397:24 368:1 sure 316:15 318:12 325:10 356:5 358:20 361:11,25 362:24 370:6 381:3 383:4 389:19 394:4,19 399:9 state structure 295:1 306:2 307:11 316:3 386:5,8 326:11,24 329:10 330:15 330:16 344:1,13 361:14 400:10 talks 317:5 320:22 328:15 348:25 350:24 351:5,24 352:10 395:22 403:25,25 studied 356:17,19 395:24 studies 380:6,17 susceptibility 391:1 331:1 tape 295:1 359:24 stated 302:18 310:9 318:3,20 302:9 339:5,8 344:15 358:15 395:11 susceptible 389:17 390:22 391:12 taped 295:1 356:1 359:9 388:10 392:23 study suskind 395:18401:3 303:7 304:17 305:9 338:21 379:19 381:12 target 303:12 statement 339:1,10 355:5,9,17 357:10 suspected tell 297:2,3,7 305:20 315:17 319:20 325:18 326:22,23 327:15 330:8 345:17 351:9 357:12,13 358:1,4,6,18,21 403:10 359:17 370:2,4,4 393:1,4 swann 393:18 356:3 326:17 327:18 350:15 351:6 362:11 364:10 374:11 381:23 384:9 355:7,10 356:18,21 357:11 stuff 357:22,24 358:11 359:4,7,9 331:17400:13 359:18,20 360:12,12 361:9 subjected 368:24 370:23 391:20 399:22 Sweden 341:17 344:6 345:10 375:13 swimming 387:13 400:15 402:23 telling 360:14 367:18 tells 392:8 394:3 396:9 398:19 subscribed 322:15,20 323:23,24 321:15 statements 306:23 319:24 359:19 362:3 383:24 387:9,10 states 403:15 substance 324:4 370:9 substratum 324:24 325:3 sworn 295:1 296:9 403:15,25 symptom temperature 309:18 336:12 temperatures 300:15,20 301:18 302:19 300:13 317:14 334:4 308:18 382:11 302:20 317:21 334:4,9,10 342:21 344:8,12,18,19 345:18,21,24 351:21 suffer 308:16 symptoms 381:20,22 382:7,24 383:3 336:22,23 337:14 temporary 354:15 355:19,24 358:12 suffered 360:9 368:17 396:12 381:22 388:14 395:19 383:19 400:25 synonym 354:21 356:15 ten 397:13 398:17 397:8 299:2,3 355:25 397:23 399:5 400:6,21,23 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047798 [tenth - united] tenth think (cont.) told (cont.) treating 331:12,24 332:8 400:11 335:10 339:2 345:19,25 361:8 369:7 353:18 term 350:17,21 351:24 362:21 tonic treatment 339:12 347:17 349:10 371:9,11,11 373:9 374:7,25 386:20 353:9 382:5 388:7,22 389:8 385:24 386:12 394:20 tool treon terminal 395:23 398:20 399:15 340:15 339:10 378:7,21 379:3 320:6 401:21,21 top treon's terms thinking 377:24 378:15 315:11 381:24 382:19 305:17 total trichlorophenol test thinks 298:8 306:13 324:7 344:19 331:3 302:10,13 304:13,13,19 301:5 totally true 305:4 339:12 373:7 378:15 thinner 387:10 305:22,24 315:24 323:4 378:20 310:23 touching 324:12 329:4 330:4 403:25 tested thinning 403:25 truth 332:20 376:5 384:16 toxic 326:18 403:25,25 testified third 299:18,20 300:3,5,6,16,22 try 331:17 348:2 364:2 370:18 308:4 340:20 377:24 301:19 302:20 303:8 399:24 378:6 380:15 400:4,7 thought 304:24 305:5 306:12,25 trying testify 310:6 307:3,12 316:11 317:6,10 309:18 374:18 364:9 398:3 403:25 thousand 317:12,15 334:13,25 386:7 tumors testifying 322:14 348:3 399:5,6,7 388:14 398:4,9,24 399:18 320:12 349:23 397:22 thousandth 399:19 400:5 turn testimony 332:2 397:23 400:6,21,23 toxicities 301:24 354:3 390:7,12 314:14,18,18 324:3 398:1 three 399:11 twenty 403:25 301:25 302:3 318:2 326:21 toxicity 399:7 testing 343:10 344:24 357:24 302:9 304:20 307:8 317:2 twice 305:20,21 317:2,4 330:18 367:5 370:13 390:20 331:8,11 332:19,22,22,24 356:21 374:7 375:14 330:25 331:1 341:7,10 throat 339:5,8 363:16 372:25 type tests 335:8,15 336:6,25 337:2,14 384:5,7 385:3 386:11,22 316:14353:13359:17 378:7,9 379:4,4 337:18 399:10,16 361:24 362:2 tetrachloride time toxicological types 308:20 309:9 370:23 371:1 304:9 318:13 323:12 298:9,22 305:16,17,19 353:8 371:16 325:15 326:1,4,8 334:17,21 312:13 330:17,25 362:9,10 typewriting tetrachlorodiphenylene 335:4,19 336:3 339:15 toxicologist 296:6 331:5 344:10,25 345:11,19 385:21 tetrachloronaphthalene 360:24,24 362:1 365:19 toxicology 331:2 367:19,22 368:4 374:18 305:14 390:10 thank 377:4,11 390:21 393:13 trace 369:11 times 332:23 400:20,22,23 thermal 348:3 383:5 tract 311:3 tired 335:9,16 336:6 337:3,19 thermometers 382:9 trained 389:5 tissues 383:18 thing 302:13,14 303:5,6,24 transcribed 310:6 330:9 346:16 356:22 304:13 305:3,10 338:23 296:5 359:14 339:6 transfer things title 389:4 300:4 301:3 309:22 343:24 370:12 transformer 345:20 363:16 369:10 tlv 352:20 388:24 382:1 401:8,16,18 337:10 translate think today 386:9 300:23,23 301:5 304:8 331:22 353:3 392:25 398:4 treat 305:25 306:24 307:5,8 today's 353:5,21 314:14,17,24 315:16 341:20 365:25 treated 318:17 324:12 325:7 told 311:2 331:16 333:5,9 334:18 307:14 315:10 318:7,10 u u.s. 354:17 356:11 ultimate 339:2 unable 381:25 unbroken 310:24311:15 underestimate 300:24 understand 299:21 314:5 315:6 318:15 321:12338:12367:11 understood 306:9,20 i inrli ip 357:17 united 317:14 342:21 344:8,12 345:18,21,24 351:21 354:15 355:24 358:11 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047799 [united - yellow] united (cont.) visible went (cont.) words 397:12 309:5 331:14 357:14,14 374:7 308:6 313:11 346:20 360:9 units visit 375:11,13 work 389:4 373:18,20 west 298:1,3,4 305:16,19 319:10 unrelated volatilized 377:20 379:13 381:14 324:15 326:6 353:13 387:10 323:3 western 373:25 375:1,14 376:3 upper volume 295:1,1 378:16381:11,13383:16 335:9,16 336:6 337:3,19 295:1 313:5,17,20 318:14 westinghouse 387:6 urge 318:25 332:6 398:12 337:16 365:7,15 366:14,19 worked 382:17401:1,13 VOS 367:6 368:15 385:16 use 326:5 we've worker 306:10 316:19,23 321:6,7 vs 333:1 381:3 384:14,15 299:21 300:24,24 301:5,9 321:11,22 323:2,3,10,19,22 295:1,1 403:25 whatsoever 306:1,7,9,15,20,24 310:10 324:21,22,23,24 325:5,17 w 380:9 381:6 315:9,10,14318:7319:11 337:15 343:22 347:16 349:9 350:15 351:6,12,17 373:1 384:24 385:6 397:7 useful 353:20 usefulness 353:17 user 325:24 332:18 339:4 387:18 users 335:6 359:13 361:20,22 368:19 uses 323:1 350:22 V vapor 301:1 vaporize 334:11 vaporizing 335:1 vapors 300:14,20 301:18 302:18 302:19 303:9 306:3 307:12 335:8,15 336:5 various 381:19,22 383:23 vastly 305:15 versus 313:4,17 318:14,25 398:13 video 295:1,1 359:24 view 316:19 violate 306:23 Virginia 295:1,1 365:9,16 366:15,19 367:6 377:20 379:13 waived 403:25 walking 333:25 waller 295:1 403:25 want 309:16 327:18 361:21 367:20 382:2 384:17 387:16,16,20 390:16 392:12 393:18 402:23 wanted 306:1,6,7,19 369:18 384:24 wants 382:1 warn 311:24 332:18 warning 317:16 341:2 361:4,18 362:20 391:12 warnings 362:3 392:18 washed 310:25 water 311:1 346:21 350:17 351:7 watt 299:14,18 302:17 304:3 306:2,8,20 ways 382:25 wear 382:9 week 383:6 weighs 313:8,9 weight 313:4,16,17,20 314:1,1 318:14,25 332:6 went wheeler 326:22 327:6 328:22,25 329:1 377:19 379:10 381:4 385:10 whereof 403:25 whiskey 371:6 widmark 375:18,20 widmark's 373:16 391:25 392:1 wife 343:7 344:21 wildlife 344:15 375:21 376:2 william 365:14 366:13 winding 333:3 wine 320:19 wings 385:5 withdrew 323:6 witness 314:16,22 333:9 334:19 338:9 365:12 367:16,18,25 395:15 403:25,25,25,25 woman 348:10 women 345:24 389:16 390:24,25 391:1,12 392:19 398:18 399:22 wood 341:15,19 342:4 373:17 374:12,14 word 317:15 321:23 352:11 319:24 337:13,18 363:20 387:18,21,23 workers 298:12,23 319:12 321:3 337:2 354:17 356:7,11 357:21 358:16 388:3,8,11 388:14,25 390:20,20,23 395:10,12,19 working 319:10 364:18 388:12 workman 315:6 worry 316:13 worse 334:12 writing 299:3 359:16 403:25 written 299:14 305:18 306:16 335:11 359:14 360:3 377:19 379:7 380:6 wrong 332:5 353:22 372:1 396:14 wrote 321:13 356:20,21 359:9 360:14,15 374:16 402:19 y year 319:10339:12341:10 354:16 356:10 yearly 357:1 years 299:2 307:18 317:23 343:10 344:24 350:23 364:19 375:4 386:19 387:25 388:5,23 389:6 yellow 308:25 309:9 353:23 371:7 371:9 381:15 297:14 298:6 319:15,16,25 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047800 [yesterday - zero] yesterday 318:13 young 390:20 yusho 394:6 396:16 zero 383:6 Kelly, R. Emmet M.D. (frmr Mons Med Dir) in FISHER WATER PCB-SD0000047801