Document p2En59M1njaXE5NZvbEO7kJz6
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DOST DIRECT
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21054
certain, but I b e l i e v e it was in the order of 19S3 or '82, r e l a t i v e l y recently, i* .
Q. .' All right,, .sir. D o c t o r * .I\d like to move on to
: another area, and'talk with.-you about target organ
toxicity, if 1/m a y ' H a v e -you had* o ccasion to r e v i e w t h e -
scientific literature on the effects of TCDD on the
various organs and s y s t e m s `-o the body?
A. I ' m afra i d so.
Q. Do you have an opinion as to w h e t h e r TCDD can
adversely affect the following systems or organs,
and I'm going to. name the:Be;.things for you* doctor,
and What I -want to k n o w y here* is if you have an
opinion.' The skin? A.' Yes .
/ y,
Q. The immune system?
A. V e s .
Q. The liver?
A . Yes . Q. P o r p h y r i n synthesis?
A . It c a n , y e s Q. C a r d i o v a s c u l a r system?
A. At p e r h a p s very high doses.
Q. Wh.a t I want to know is if you have an opinion,
doctor. 1 don't want your opinion at this point.
DOST D1REC
21055
1 A, I see# y e s , I have an opinion.
2 Q. . G a s t r o i n t e s t i n a l system7
3 A. Yes, './
..
:
4 Q. - N e u r o l o g i c a l systen?
-v
5 A., . I have an opinion, yes. . 6 U- - R e p r o d u c t i v e s y s t e m ?
.1 ' - -....~v
7 A . -Yes.
.;
*t 8 Q. And finally, the endocrine system?
9 A. Y e s .
10 Q. All right, sir. Do you have an o p i n i o n as to
11 whether T CDD can c a use m u t a g e n i c eff e c t s ?
12 A. ..I do have an opinion;, yes. -v:
13 Q. Do you have an o p i n i o n as to whether TCD D can
14 cause c a r c i n o g e n i c effects?
15 A . Y e s .
16 Q. All right, sir. Now --
17 THE COURT: Do I u n d e r s t a n d it that the
18 witness has been r e f e r r i n g to an o p i n i o n whic h he
19 holds on all these m a t t e r s with respect to huma n s ?
20 Is that the q u e s t i o n ?
21 MR. LOVE: Based upon the literature.
22 THE COURT: Is that true, sir? Y o u were
23 referring to humans?
24 THE WITNESS: I was really thinking both 25 in terms of a nimals and humans.
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1 THE COURT; Bat at any rate, both*
2 THE WITNESS; At any rate, both, yes, sir.
3
THE COURT t Thanh you.
.
4 BY MR. LOVE;
-
5 Q. All right, doctor, let's talk about the shin
6 first. .What I intend to. do now is go t hrough each ...
7 one of these with you.
8 What is your opinion as to whether TCDD
9 can adversely affect the shin?
10 A. It can a f f e c t the shin.
11 Q. All right. Now, what is the bas i s for your
12 opinion?
13 A . The basis is p r i m a r i l y evidence that has been
14 d e v e l o p e d in o b s e r v a t i o n s of humans who have
15 p r e s u m a b l y b een e x p o s e d to TCDD at various levels in
16 the d e v e l o p m e n t of chloracne. A lso r e s e a r c h that
17 has been done with e x p e r i m e n t a l animals b o t h a t t e m p t i n
18 to find an a p p r o p r i a t e model, an e x p e r i m e n t a l model
19 f o r 'c h l o r a c n e , but also testing of some models and
2 0 using some models to evaluate the a c n e g e n i c
21 p o t e n t i a l of TCDD.
22 Q. All right, doctor, b a s e d upon your k n o w l e d g e as
23 a t o x i c o l o g i s t and your Knowl e d g e of the literature,
24 do you have an o p i n i o n as to when we knew or when it
2 5 was known that TCDD was capable of inducing
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1 chemleals. 2 The problem that they had was that they
i* 3 didn't recog n i s e the right area of the ear to use 4 and the model fell into considerable disfavor and
5 m e anwhile there were attempts to use rats and other
6 typical e x p e r i m e n t a l species* A m o n k e y is. subject
7 to a c o n d i t i o n rather like chloracne but it isn't
8 e n t i r e l y identical; and/.the nude mouse -- there is a
9 s t rain of mice that has a genetic defect in which it
10 does not have hair -- and the characteristic of the
11 skin of the nude mouse a pparently allows it to
12 r e spond in a fashion somewhat similar but not the
13 same as the human skin to chloracne* The rabbi t is
14 the best. The others are' really .not o v e r l y
15 s a tisfactory. 'They're useful for some things' but
16 are not excellent.
17 Q. As a t o x i c ologist, what is the signif i c a n c e , if
18 any, of these d i f f e r e n t results in the an-imal
19 studies? 20 A. Well, c e r t a i n l y it would indicate that the 21 h u m a n skin is somewhat unique. A t o x i c o l o g i s t is a
t 2 2 little disappointed when there isn't a proper model, 23 of course, and I think that that's the part that 24 concerns me most. 25 Q. All right, sir. Dr. Dost, I want to turn now
1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
DOST DIRECT to the isnune system# if we may.
21078 Can you tell the
jury# just briefly# generally# what the Immune
system involves?
A Well# the immune system is c o l l e c t i v e l y all of
the m e chanisms that are employed by an o r g a n i s m to
fight off infection# to control any. f o r e i g n p r o t e i n
that may come into the organism. That sometimes creates more p r o b l e m s than it solves. If a n y o n e has
ever had a very severe reaction to a bee sting# the
r e a c t i o n itself p r o b a b l y is going to cause far more
d a m a g e than the bee sting# if you h a p p e n to be
particularly sensitive to bee venom# because of that immune response to the bee.venom.
The other important component that the
immune system protects against are cells of one's *
own body that have become deranged# either because
t h e y ' v e b e e n infected by the virus or because they
have become, they have reached the initial stages of
d e v e l o p m e n t of tumors. Tumor cells early on caus.e an immune response. Q. All right, sir. Doctor, what is your o p i n i o n
as to whether dioxin can adversely affect the immune
system7
A. It appears that it can.
Q. All r i g h t , sir. Would you explain that to us
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[8 A.'"- It* a a p e r s o n a l j u d g m e n t :t h a t 's t e m p e r e d b y a
[9 g r e a t deal of experience and a great deal of .
0 conversation with other scientists, yes.
1 q * '- And t h r o u g h o u t the c o u r s e of this tine period
2 fr o m ^ l 970 until the p r e s a n r r y o u ' 1;ve be cone-more-.
3 and more and more involved yin ;the di o x i n issue, in
,4 a d d i t io n to doing your go ve rnmental resea rc h and
5 work for EPA and the state governments put west, you 6 also have agreed to testify for chemical companies
7 in the A g e n t Orange li t i g a t i o n ; isn't that true?
8 A. Correct.
9 Q. And you came down on the side of i n d u s t r y in
0 that particular case, didn't you?
1 A. I c ame down on the side of the a v a i l a b l e
t 2 in format ion
5
3 Q. Well, Doctor, you were h i red and paid by
4 i n d u s t r y in that case to testify against the
5 veterans, isn't that true?
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MR. LOVEt Your Honor, 1 object. _
A. I t h i n k not. . :. .v*
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T H E COURT J u 8 t ^ (aonent. .
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w h i c h :c o u n s e l was a s k iVnngg t hhaatt--qquueestsitoinoin .- HHee .can. cbb*me|e^^v-
6 to the b e n c h to discus 8 i t iftyoil like ;
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7 . T H E COURT If there's more to it t ha n > 8 what I h e a r in the q u e s t i o n that .was asked and t h e . ;
9 o b j e c t i o n that was made, then I 111 have you come to .
0 the bench. Doesn't seem to me that it's a very .
1 c o m plex matter. . Is there something that you haven't,
2 related that, y o u feel we :ought-t-o-rdiscuss at the---
3 bench?
..-C-rv* .........
.*
A MR. LOVE It's along the. lines that. 1
5 had .mentioned, Your Honor. That's all. 6 THE COURT At this moment? 7 MR. LOVE That's correct. 8 THE COURT If that be the c a s e , the 9 wi tnes s may answer that question. 0 A. W o u l d y o u repeat the question? 1 Q. . You d e c i d e d to t e s t i f y on beh a l f of industry in 2 that case against the p l a i n t i f f s in that case who 3 were, in fact, vet e r a n s of the Vietnam war? 4 THE C O U R T : The question is whether or 5 not he had been hired to do so.
DOST - CROSS MR- CALWELLi . Yes,-
21207
THE COURTs-. That is. the question. Doctor*.
Were "you h i r e d ,to. do ..so? ->--v>v*77-'
" \*
.THE W I T N E S S s I w a s;retained b y counsel -
for the i n d u s t r y ,7 y e b
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Q. /.^And a s i d e ' f r o m t e s t i f y i n g in that case b y w a y *7
of d e p o s ition, you also testified in Australia, did
you not?
-
7
A* T h a t 's correct*
Q* B e f o r e a Royal C o m m i s s i o n that was
i nvestigating what effects, if any. Agent Orange had
had on A u s t r a l i a n v e terans j i s n J-t-- that- right? --
. . . - - ...... .
A. That's correct.
--;7:
Q* .And y o u -tooh the s ane p o s i t i o n there that you
took in the Agent Orange case; isn't that true?.
A* I h a v e no control over the p o s i t i o n that I take*
I can only go by the evidence*
Q* But y o u selected the evidence, did you not,
t hat-you decided to assign weight to? That's true,
isn't it?
A. No, sir- No one has been able to c h a l l e n g e my
selection of the evidence.
Q. But, Doctor, the fact is you did select the evidence that you chose to rely on; isn't that right?
A. The e v idence that I s e l ected was e v e r y bit of
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evidence that I could find.
q . . . But y o u d o n 't .rely on .all t h e .e v i d e n c e * do you?
You h av e n' t in this courtroom*/
A* `. . I.^have t o / r e l y .oh .every.^bit of e v i d e n c e that^.I
-'- : S r * :
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can find in d e v e l o p i n g ay opinion* If I were to-
rely* in this courtroom,/onV.-eyery bit of evidence* I'
7 would have had to cone here by train instead of by | 8 p l a n e b e c a u s e I c o u l d n ' t bring it wit h me. 9 Q. Doctor, what I'm saying to you is that in
to s e l e c t i n g the evi d e n c e that.forms the . b a s i s for your
E i opinions* you select certain studies and certain 6 2 sc ientists as h a v i n g aore- c r e d i b i l i t y than-othe r -- - v
r 3 scientists or studies; isn't that true? EL4 A. I r e a l l y d o n ' t think s o . ;\ I p r e s e n t what r. find*
r 5 I may speak to the credibility when present it but- * [16 I h a v e an o b l i g a t i o n to use all of the e v i d e n c e and
r 7 proceed as far as the evidence permits me to proceed.
1 8 Q. And y o u s i m p l y h a v e n ' t b een c o n v i n c e d yet* |i 9 p e r s o n a l l y , as a scientist, you h a v e n ' t been
2 0 convinced yet of certain things about dioxin and its
21 toxicity; isn't that true? 2 2 A. I w o u l d p r e s u m e that's true.
i
1
2 3 Q. You have found that it is a most toxic
24 substance, haven't you?
25 A Yes.
DOST - CROSS
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q . And you h a v e found that it is p r o b a b l y the most
toxic synthetic substance; isn't that right?
A. T h a t ' s p r o b a b l y true, yes.:
q . Of all the things that nan through the wonders V of science have cone up with this nay be the nost
toxic thing you've ever encountered; isn't that
right? .
,
A- It could v e r y well be*
Q* And you h a v e found that it affects the skin; r
[o isn't that true?
*
[l A* Y e s
1
12 Q* And y o u h.a v e -concluded..t**h'atr'it'affectts t h e -----f3 immune system; isn't that true?..
4 A* Correct*
;5 Q* And y o u h a v e found that it a f f e c t s the liver
6 that's true, isn't it?
7 A* Y e s 8 Q. That it has s o m e c a r d i o v a s c u l a r e ffect; t h a t ' s
9 true; isn't it?
0 A. Yes .
1 Q. That it a f fects the g a s t r o i n t e s t i n a l system, 2 that's true, isn't it?
3 A . Yes .
4 Q. And it affe c t s the nervous system, you found 5 that to be true, haven't you?
DOST -- CROSS
21210
A. Yes.
., .^
q . /.And it a ffects the r e p r o d u c t i v e s y s t e m and the
e ndocrine; y o u .found that to be true, h a v e n ' t you?
A*...-v-*Ye-s';* - *`A*.*', *V*",,,w'.,/*..-A'. , Q. And y o u found that to be m u t a g e n i c , you-'f ound
that to be true? ^v >
A. '.To a l imited extent. V.; ''
'
Q. And you also found it to be carcinogenic,
haven 1t you?
A. That's correct.
Q. But y o u just, as a scientist, are not yet
convinced as to how far this -goesT are you? -- -- 3 A * Well, we've talked.about the toxicity. 4 Q* Well, I want you to answer my q u e s t i o n first.
A. How far it goes, wha t do y o u mean b y . t h a t ? 6 7
B
9
0
1
2
3
4
5
DOST -- CROSS
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q . Well, you're just not convinced about certain
t h i n g s Y o u 1re not c o n v i n c e d about how c a r c i n o g e n i c
it i s , are you? :
A. The e v i d e n c e is r e a s o n a b l y clear h o w
c a r c i n o g e n i c it is, what dosage is r e q u i r e d to
produce carcinogenicity.
Q. Y o u ' r e not c o n v i n c e d as to how c a r c i n o g e n i c it
is in humans, are you?
A * No ..
Q, And y o u 1re not c o n v i n c e d e x a c t l y as to h o w it
may poison a human, are you?
A. Its m echanism, I p r e s u m e - y o u 1re s p e a k i n g -of?
Q. Yes.
r
A. N o , .I d o n 1t know.
0. You're just not c o n v i n c e d about that yet, are
you?
A . No one else is.
Q. Well, y o u ' v e read studies where p e o p l e h a v e
h y p o t h e s i z e d about how it poisons humans, h a v e n ' t you?
A. I've read studies where people h a v e
h y p o t h e s i z e d how it a f f e c t s b i o l o g i c a l systems.
Q. Y o u ' v e read those, h a v e n ' t you?
A . Yes
Q . And yo u just don't accept some of those, is
DOST - CROSS
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that right?
A* Host of the p e o p l e who are investigating these
questions are unable to convince themselves*
q . Doctor, Z wan t y o u .to*, answer ay question. Y o u .. have seen explanations of the .toxicity and the ~ m e c h a n i s m of d i o x i n t h a t .y o u s i m p l y just d o n ' t accept, isn't that true?
A.. Yes. q . And you simply don't accept -- you haven't seen a study, yet, that convinces you that dioxin may, in
fact, cause long-term irreversible effects on the
peripheral nervous system, for-example, you just---
h a v e n ' t been c o n v i n c e d o f .that yet, isn't that true? A. That's true.
Q. You know, and y o u are' convinced that it does
have the ability to exert a toxic effect on the p e r i p h e r a l nervous s y s t e m in humans, isn't that true? A. Apparently. Q. But you're just not convinced as to h o w bad it
is or as to how long it lasts, isn't that right? A. How bad it is, I p r e s u m e you mean by dos a g e it
requires to do that.
Q. How much injury it causes, you're just not that convinced about it -- A. At a given dose.
DOST - CROSS
21213
q . -- ' are you? _.. . .
.
THE COURT* Just a moment What did you
state# doctor# you said something . *\"*V.*', '' 1* *, t. i1 ,'* s.<\'** '* i , , ' *-p-*,, ! i ' , *
dose?.- I ** .not- s u r ; - - r.
about the
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given t - * l>
V^ !:v : THE WITNESS* Ye.s^ sir, : I did. ;
THE COURT* .; I '* notl;sure that was, heard.
A. The d e s t r u c t i o n d e p e n d s :on the dosage. q . . But the fact remains you simply aren't c o n v i n c e d yet as a scientist as to how much injury may result# dependent on whatever dose was received#
and as to whether or not it's going to be permanent
or not# isn* t ~tha t right?- jfcc.TT. . . - ,-r---A. .That's correct.
Q. Y o u ' r e ' c o n v i n c e d and the r e ' s no d o u b t in y o u r 1 mind that it causes some injury# that's true, isn't
r it? A. Yes# t h a t ' s very true.
Q. You' r e c o n v i n c e d and there's no doubt in your
mind that dioxin does# in fact# cause a skin disease
isn't that true? A. W i t h a p p r o p r i a t e exposure, yes. Q. And you're c o n v i n c e d and there's no doubt in your mind that dioxin does# in fact, adversely
affect the immune system, that's true, isn't it7 A With a sufficient exposure# yes, sir
DOST - CROSS
2X214
Q. Right It *8 .just that y o u -- y o u 're not
w i l l < lust yt/' to .flay h o W >l o ng those t h 1ngs nay
8 9 0 1 2 3 4 5 6 7 8 9 20 21 22 23 24 1 25
y - I.. / . A l l .right VV':A n d y o u 're /not';^convinced as `y e t . a a V
to h o w ser ious t h e s e 7'injuri"e1:jiiayr
* h e , is :
that true? ;
' -
A 'v That.* s correct *
v/.**'
.*
Q. Now, all of those or that a t t i t u d e that y o u
have, your scientific a t t i t u d e toward dioxin, is t "' *
something that you've arrived at simply from your
readi`ng,, isn'"t that;r .i i g A. -T h a t ' s correct* - ..
h... t- ?
^ ..=-- -....
Q. -This is not s o a e t h i n g *that y o u h a v e d e t e r m i n e d
on your own in terms of sweating through an original
p ie c e of research, is it?
A . Not on dioxin* Q. It's just so m e t h i n g -- it's kind of e d i t o r i a l
that you' ve -- it's an editorial position of the
things you've read, isn't that right?
A*. No, that is not correct* An e d i t o r i a l has an
entirely different meaning than the development of a
defensible scientific opinion*
Q. And is that what y o u ' v e in fact done, doctor, you've tried to develop a defensible scientific
DOST - CROSS
21215
opinion to come to Court with?
Y e s , sir
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1
Q. H o w long* D o c t o r , would you h a v e to hav e ;
p e r i p h e r a l neuropathy, for it to be a condi tion. that...
r '."'
*,' I - . - . . - v S
y o u w o u l d c o n s i d e r 'permanent?--- :;.''
';*'
A. J. l'a not e n t i r e l y .sure how l o n g I w o u l d h a v e -
to r ely.on the advice of neu r o p h y s i c i a n s who
specialize in n eu ro l o g y to sake that kind of a
ju d g m e n t Q. . So r e a l l y , *y o u 1re not in a p o s i t i o n to tell the
jury, really -- to really give then an opinion as to
h o w long it takes, for a n y orthese c o n d i t i o n s - t h a t -
you're convi nc ed dioxin causes, has to persist
before it's permanent, are you?
A * Ho
4*
Q How, Doctor, I want to shift the focus here
just for a minute and we'll come back to this a
little later I want to.ask you about chlorine free
radicals. There's a difference between a free
chlorine and a chlorine-free radical, isn't there?
A. Yes.
Q. In fact, if this is 2, 3, 7, 8-TCDD, for that to
be a chlorine-free radical, you'd have to get rid of
all these chlorines, is that right?
DOST - CROSS A* No, sir
21216
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f7 radical?.,
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8 A. A free r a dical is an e n t i t y that exists b y
9 itself in a highly unstable state. A chlorine-free
,0 radical w o u l d be c h l o rine# itself# s e p a r a t e d fros
1 the rest of the olecule, v -
2 Q. That wo u 1d J.b e:.a chi or in e="fr e e~"radical?:^ -- --rrr
3 A. C h l o r i n e - f r e e does not; n e a n w e 1re tal k i n g
. -*
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- ,*
4 about a free radical *
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5 Q. Yes# s'ir.
^
6 A.
-- that is comprised of chlorine.
7 Q. Right.' Let's say one of these --
8 A. Not talking about s u b s t a n c e that is free of
9 chlorine.
0 Q. L e t ' s say if this chlorine# here# came off#
21 that would be a free c h l o r i n e ? 22 A. It would p r o b a b l y be n e g a t i v e c h a r g e d and it
23 would p robably be lacking in e l e ctrons or carrying
2 4 an extra electron. 2 5 Q. But it would be a n e g a t i v e l y c h a r g e d free
DOST - CROSS
-21217
ch lorine ion, is that right? \.
A. -No, ;,it w o u l d n V t .be an i o n .
0# . .Wh a t .would it be? ..
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A *~ ` . I 5:::.'l,ol?i d b e * ; ^ f a :r a d A c * 1 :.a; A i o n i :a . -- i B
part .of;h -- - if we' had s o d i u m :chl o r i d e or h y d r o g e n
chloricfe in that solution# it^vould ionire arid. it .
would exist as a chloride ion on the one hand and
the hydrogen ion on the other that could be combined#
let's say# .if you put sodium in there# we would end
up perhaps with sodium ions and chlorine ions.
This -- a chlorine-free radical has a
very powerful# or any free radical has a powerful
capability for combining with almost any kind of a
molecule, b e c a u s e 1it's car r y i n g a great deal ;o f
e n e r g y and it can lit e r a l l y jam its way^ into a .
reaction. Q. Now# and if one of these chl o r i n e free radicals#
as you hav e d e fined it# and I want to.make sure I
u n d e r s t a n d your d e f i n i t i o n of it# n o w y o u tell me if
I'm wrong# I believe your testimony was that
sometimes in the body, this dioxin -- I'm talking
about an animal, this dioxin molecule will begin to
be metabolized and you'll lose a chlorine off one
corner, is that right? A. T h a t ' s correct.
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