Document pK90mN1xYVnmNV70LxJOwx4j
1 Drinker study.
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1 have to give separate consideration to, you have to
2 But what you need to remember is that no one 2 give separate consideration, and the Judge will tell
3 in the 1940s or the 1950s did that. No one published 3 you this, as to each of the defendants and look at the j
4 an article that said, hey, Fleischer and Drinker are
4 evidence as to each of the defendants when you render
5 wrong. The results that they published for everyone 5 your verdicts.
6 to see are mistaken.
6 Now, today, as always, my client is a
7 It wasn't for almost 20 years that Dr.
7 manufacturer of glass products. It makes milk
8 Selikoff, who you heard a little bit about this
8 bottles, soda bottles, baby-food jars.
9 morning from Mount Sinai, who did a lot of research in 9
In fact, we have a plant maybe some of you
10 the area of asbestos, published a study and said
10 have seen when you come up from 95 into the city. You
11 precisely that.
11 see the big O and I from '95.
12 We have gone out, and we have studied
12 Many years ago, Owens-Illinois manufactured
13 insulators. And we are still finding that insulators'
13 insulation products known as Kaylo. And Kaylo did
14 exposure to asbestos-containing products is within the 14 contain asbestos as one of its ingredients, between 12
15 accepted TLV, but we are seeing excess disease, so
15 and 20 percent, along with lime and silica. And this
16 maybe the TLV doesn't work.
16 is known as a calcium-silicate product.
17 This is the mid 1960s, several years after 17 Now, I agree with a lot of what Mr.
18 my client got out of the business.
18 Shellenberger said about the history of my client. We
19 Dr. Selikoff continued his work, and he
19 are not here to dispute anything that are facts in
20 encouraged people to keep the dust levels down. And 20 this case.
21 asbestos continued to be used for several years after 21
We don't want to waste your time. We don't
1 that.
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1 want you to be here any longer than you have to be
2
Now, the final question on the state of the
2 here. So I agree that my client began a pilot
3 art that we have to address is, when was it known that 3 production of Kaylo in '43, and that continued until
4 asbestos could cause mesothelioma?
4 1948.
5 I get to skip a lot of what I was going to
5 Between '48 and '58, my client manufactured
6 say about this, because Mr. McGowan spent a lot of
6 commercial quantities of Kaylo pipecovering and block
7 time talking about it this morning.
7 and a few other insulation products that aren't at
8
And he told you, and I agree with him, that
8 issue in this trial.
9 it was in 1960 that Dr. Wagner made the association in 9
In 1953, Owens-Illinois did enter into a
10 the first large-scale epidemiological study that
10 distributorship agreement with Owens-Coming
11 exposure to crocidolite asbestos could cause
11 Fiberglas. We continued to manufacture the Kaylo, and
12 mesothelioma.
12 they sold it.
13
There were no such studies during the time
13
That continued until 1958 when we sold the
14 period that my client manufactured Kaylo up through 14 entire Kaylo line to Owens-Corning Fiberglas and got
15 1948.
15 out of the business.
16 I am sorry, 1958.
16 Now, Mr. Shellenberger is an advocate. He
17 I want to talk to you a little bit about my 17 is a good advocate. And I have known him for a lot of
18 client, Owens-Illinois, and remind you that there are 18 years, and I think he is a very good lawyer, but what
19 four defendants in this courtroom, or three defendants 19 lawyers do is, they put their spin on the evidence.
20 and one cross-defendant.
20 He tells you what he thinks the evidence
21
And just like the plaintiffs, whose case you
21 shows. And I am going to tell you what I think the
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