Document qkLy4zgQgvpNvkkn2JM73V5bE

1 IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS 2 STATE OF MISSOURI 3 4 GLENN BROWN, et al, 5 Plaintiffs, 6 vs. Cause No. 862-00694 7 MONSANTO COMPANY, 8 Defendant. 9 10 11 12 Volume I 13 Deposition of R. EMMET KELLY, M.D. 14 On behalf of Defendant 15 May 31, 1990 16 17 18 19 20 WALLER REPORTING, INC. 21 515 Olive Street, Suite 1506 22 St. Louis, Missouri 63101 23 (314) 621-2571 24 25 26 27 28 29 1 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009810 1 IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS 2 STATE OF MISSOURI 3 4 GLENN BROWN, et al, 5 Plaintiffs, 6 vs. Cause No. 862-00694 7 MONSANTO COMPANY, 8 Defendant. 9 10 11 DEPOSITION OF R. EMMET KELLY, M.D., produced, 12 sworn and examined on behalf of the Defendant, May 31, 13 1990, between the hours of eight o'clock in the forenoon 14 and five o'clock in the afternoon of that day, at the 15 offices of Communitronics, 1907 S. Kingshighway, St. 16 Louis, Missouri, before TOD MINNIGERODE, a Certified 17 Shorthand Reporter and a Notary Public within and for the 18 State of Missouri. 19 20 21 APPEARANCES 22 The Plaintiff was represented by Mr. Thomas M. 23 Carney of the law firm of Husch, Eppenberger, Donahue, 24 Cornfeld & Jenkins, 100 N. Broadway, St. Louis, MO 63101. 25 26 The Defendant was represented by Mr. David 27 McCrea, McCrea & McCrea, 119 South Walnut Street, 28 Bloomington, Indiana 47402. 29 30 31 2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009811 3 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 shorthand 4 by TOD MINNIGERODE, a Certified Shorthand Reporter and 5 Notary Public, and afterwards transcribed into 6 typewriting, and the deposition to be continued by 7 agreement of counsel and consent of the witness. 8 9 10 o-O-o 11 12 R. EMMET KELLY, M.D., 13 of lawful age, being produced, sworn and examined on the 14 part of the Defendant, deposes and says: 15 EXAMINATION 16 QUESTIONS BY MR. CARNEY: 17 Q Would you state your name please for the 18 record? 19 A R. Emmet Kelly, M. D. 20 Q Dr. Kelly, my name is Tom Carney, and I 21 represent Monsanto and I'll be asking you some guestions, 22 and after I'm finished, Mr. McCrea, who's sitting here to 23 my right will undoubtedly ask you some guestions on behalf 24 of the plaintiffs in this case. 25 Where do you live Dr. Kelly? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009812 4 1 A 665 South Skinker, St. Louis, Missouri 63105. 2 Q And how long have you lived in St. Louis at 3 that address? 4 A About fifteen years. 5 Q And how long have you lived in St. Louis? 6 A All my life with the exception of four years 7 in the service. 8 Q And are you married? 9 A Yes. 10 Q And do you have children? 11 A Yes. 12 Q How many children? 13 A Six. 14 Q And are you a medical doctor? 15 A Yes, I am. 16 Q Dr. Kelly, could you tell the jury if you've 17 ever been employed by Monsanto? 18 A Yes. I've been employed by Monsanto since 19 January of 1936. I was first employed as a physician at 20 their plant in St. Louis at 1700 South Second Street. 21 Afterwards I began doing some work for Monsanto as an 22 extension of my plant duties by taking care of some 23 problems at other locations outside of St. Louis. I was 24 sort of a medical director without portfolio from the 25 years 1938 until 1942 when I went in the service. When I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009813 1 came back from -2 Q Excuse me. By medical director without 3 portfolio do you mean that you were actually the director 4 without the title? 5 A Didn't have the title and probably didn't 6 have all the powers that I would have had had I been a 7 full-fledged medical director. 8 Q Okay. 9 A They did not have medical director at that 10 time. 11 Q Okay. 12 A So when I came back in 1946 the central 13 medical department was established and I was made their 14 medical director. 15 Q And you were medical director from 1946 then, 16 you had the title of medical director at Monsanto from 17 1946 until how long? 18 A Till 19 -- November the 30th, 1974, when I 19 retired and I spent the years as a paid consultant for a 20 twelve month period and then I had no further formal 21 connection with them although I have done some work for 22 them on a fee for service basis. 23 Q So you've been employed by Monsanto then - 24 you were employed for approximately forty years? 25 A Yes. Thirty-eight to be exact, I believe. 5 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009814 6 1 Q Doctor, could you tell the jury what your 2 professional educational background has been? 3 A Yes. I was -- received the Bachelor of 4 Science degree in medicine from St. Louis University in 5 1930 and the M.D. degree from the same institution in 6 1932. I spent three years of postgraduate training at St. 7 Louis City Hospital, first as an intern then as an 8 assistant resident and finally as a resident in medicine 9 at St. Louis City Hospital. I have taken numerous and 10 participated in short courses in industrial medicine as 11 well as internal medicine since that time. 12 Q For what period of time have you been 13 licensed by the State of Missouri as a medical doctor 14 authorized to practice in the State of Missouri? 15 A Since 1933. 16 Q And are you licensed to practice medicine in 17 the State of Illinois? 18 A Yes. 19 Q Doctor, are you board certified in any areas 20 of medical specialty? 21 A Yes. I am board certified in internal 22 medicine and recertified in that same specialty. I'm 23 board certified in preventive medicine under the 24 subspecialty of occupational medicine. There is no 25 recertification program for occupational medicine. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009815 7 1 Q To become board certified could you tell the 2 jury what that means? 3 A Well, yes, it means that you have to have a 4 certain amount of training. It means then that you have 5 to be recognized in your locality as a specialist in that, 6 devoting your time to that particular specialty. You have 7 to take a series of examinations which may be two days or 8 three days, and if you successfully pass those you will 9 receive a certificate which is recognized by the other 10 professional societies such as the A.M.A. and your confers 11 in the various specialties. There's specialties in 12 internal medicine, surgery and almost any particular field 13 you might want to name, probably twenty different boards. 14 Q You said one of your specialties is where 15 you're board certified is internal medicine, could you 16 indicates what that is? 17 A Well, internal medicine is that part of 18 medicine that holds itself to the non-surgical treatment 19 of people past the pediatric age. It encompasses the 20 general range of medical problems that individuals have 21 that are treated by extrasurgical means. It does not 22 include specialties like neurology or skin, dermatology, 23 which takes care of the skin. 24 Q And the other specialty that you have is 25 occupational medicine, can you indicate what that is? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009816 8 1 A Occupational medicine is that part of 2 medicine that devotes itself to the diagnosis and 3 treatment of any occupational illnesses and prevention of 4 illnesses either in the worker's work environment or in 5 the environment generally. 6 Q Can you briefly summarize, Doctor, the 7 hospitals you were on the staff of and any teaching 8 positions you hold or have held? 9 A Well, I have held on emeritus position now at 10 St. Louis University Medical School. I was assistant 11 professor of clinical medicine at St. Louis University. I 12 was assistant professor in community medicine, also at St. 13 Louis University, and I am an emeritus in those two 14 fields, those two positions. I'm a member of the staff of 15 the St. Louis University Health Center Hospitals, 16 St. Mary's Health Center and St. John's Health Center, all 17 in St. Louis. 18 Q Have you given any lectures at any other 19 universities other than the local universities? 20 A Well, yes. I've lectured at St. Louis 21 University, I have lectured -- that's my primary place. I 22 have given individual lectures at the University of 23 Cincinnati, Harvard, Baylor, Washington University. 24 Q Have you published any articles on medical 25 subjects in various journals? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009817 9 1 A Probably five or six. 2 Q Could you list the journals where you've - 3 medical journals where you've published articles? 4 A One was in the Missouri State Medical 5 Journal, one was the American Journal of Public Health, 6 one was the National Cancer Institute, one was the New 7 England Journal of Medicine and one was the American 8 Journal of Neurology. 9 Q Could you briefly summarize some of the 10 professional organizations that you've belonged to? 11 A Well, they are the usual organizations like 12 the St. Louis Medical Society, the Missouri Medical 13 Association, the American Medical Association. Then there 14 are the specialty groups, the American College of 15 Physicians, the American Heart Association. Then there 16 are the occupational positions, one -- Societies like the 17 Industrial Medical Association, the American Academy of 18 Occupational Medicine, American Society for Pharmacology 19 and Clinical Therapeutics. 20 Q Have you held any offices in any professional 21 societies? 22 A Well, I was a vice-chairman of the American 23 College of the American Therapeutic Society which then to 24 be joined to the American Society for Clinical 25 Pharmacology. I was a councilor of the Industrial Medical Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009818 10 1 Association. I was president of the St. Louis Cardiac 2 Club. 3 Q How old a man are you, Dr. Kelly? 4 A I'm eighty. 5 Q Are you still active in the practice of 6 medicine? 7 A Not in the practice, but if you refer to that 8 treatment of -- the ongoing treatment, I see cases for in 9 consultation for people who may or may not be -- have an 10 occupational medical condition. I'm a consultant with the 11 Barnes/Sutter Health Service, which is associated with 12 Washington University, and there I see cases that may have 13 occupational illnesses or there may be cases, can this man 14 work because he has heart disease? Does heart disease 15 keep him from working? But as far as ongoing -- and also 16 I do some examinations for legal cases like this one. 17 Q You first started working at Monsanto in 18 1936, could you indicate what your job duties were when 19 you started with Monsanto? 20 A Yes. I was the plant physician, that was a 21 plant of about 1300 people or 1400 people and I carried 22 out an examination program, when one was in effect at that 23 time, and this was for -- Then I was -- my responsibility 24 was to diagnose and treat any occupational conditions that 25 might arise, whether that might be pulmonary irritation or Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009819 11 1 skin problems or anything else, as well as take care of 2 the injuries. Of course, if we had a broken bone I didn't 3 take care of that, I referred that on to an appropriate 4 specialist. 5 Q And then after a couple of years when you 6 started taking on some of the responsibilities of a 7 medical director could you indicate what those 8 responsibilities were for us please? 9 A Yes. When I started at Monsanto it was a 10 relatively small company, with seven or eight plants. 11 They grew by developing new products and by acquiring 12 other companies. When they developed new products they 13 would have problems that were associated with it, 14 potential problems. For example, a person when they 15 started making elemental phosphorous, this was a German 16 development and they were going to do this in Tennessee, 17 so they looked at this bunch of medical information they 18 received from Germany and said, "What do we do with it?" 19 Then somebody remembered they had a doctor across 20 the street down at the Queeny plant or the plant that I 21 was a company physician at. So they asked me to look it 22 over, this literature, so I said, well, I have to go down 23 and see the plant. So from then on it just grew. 24 Whenever a problem came up, it was referred to me as a 25 sort of fire fighting type of arrangement. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009820 12 1 After about 1938 I said well, if I'm going to be 2 doing this I better be going around and see all the plants 3 and see what you got, rather than wait until a problem 4 surfaces and you call me, so that's what I mean when I 5 went around it was with the full backing of the executive 6 group of the company, but it wasn't a hundred percent 7 official. 8 Q And then in 1942 you went the into the Army 9 during World War Two? 10 A That's correct, that's correct. 11 Q What branch of the military did you serve in 12 World War Two? 13 A Medical service. I was in Army Medical 14 Corps, but I was posted to the chemical warfare service 15 installation. The first was at Pine Bluff, Arkansas, 16 where they made war gases, fill phosphorus bombs, filled 17 bombs with napalm, the whole battery of chemical warfare 18 agents. After about eighteen months there I was 19 transferred to the chemical warfare center at Edgewood, 20 Maryland, which is a larger group where they were working 21 with nerve gases and other things. 22 Q Could you tell me what ranks you had in the 23 Army? 24 A Yes. I was a captain when I went in and a 25 Lt. Colonel when I came out. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009821 Q And upon your discharge what type of discharge did you have from the Army? A Well, when you're an officer you don't get a discharge. I was in the reserves and it took me about a year to resign. So I was put on inactive duty but being in the reserves I had to -- I thought I had enough service and I resigned, and after a year they okayed it. Q But it was an honorable discharge? A Oh, yes, it was honorable. Q In what capacity did you return to Monsanto after World War Two in 1946? A I returned as the director of the medical department. In other words, Monsanto had a group of manufacturing divisions, there were four or five of those Then they had a staff departments, legal, patent, purchasing, traffic, research and the medical department was formed along with that. Q And what were your duties as Monsanto's medical director? A Well, they were several fold. It was to arrange for the adequate care of our workers as far as prevention of occupational disease and the treatment of occupational disease by setting up medical installations wherever we had a plant or an office or a research laboratory. It was to obtain information on the 13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009822 14 1 toxicology products that we made as well as the raw 2 materials that we made these from and it was to inform our 3 customers of any of the possible hazards of our products 4 as well as the safe handling procedures to avoid any 5 injury, or any harm. 6 Q You mentioned the word toxicology, could you 7 define that? 8 A Well, it's a science that determines a 9 harmfulness or lack of harm of products. Almost all 10 industrial products, in fact almost all products have some 11 toxic characteristics. If you eat enough -- if you take a 12 large enough dose, for example, of water, salt, any of 13 those things can be toxic in exaggerated amounts. 14 Q During your early years at Monsanto, did you 15 implement any policies and practices to help promote 16 product safety? 17 A Well, yes, I would say the primary one was to 18 try to find out what the toxic properties of our products 19 were, of the materials we worked with and the materials we 20 sold and then we -- I instituted a policy of disseminating 21 that information. We had a policy established that any 22 inquiry concerning safe handling of any of our products 23 with the exception of fire or explosion would be referred 24 to the medical department and inquiry or any communication 25 stated that a company believed the worker had, had been Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009823 1 exposed to our product and had suffered some ill effect 15 2 was referred to me, no matter where that inquiry came. If 3 it came into a sales office in Detroit or New York or a 4 telephone call or a letter just addressed to the Monsanto 5 Company of St. Louis it was referred to the medical 6 department. 7 Q You mentioned that you -- one of your jobs 8 was to look at the toxic properties of all the products 9 Monsanto sold; how did you find out about those toxic 10 properties ? 11 A Well, first, this is sort of a moving target. 12 If you go back to 1937 there weren't very many articles, 13 journals about -- concerning toxicology. Now in 1980 and 14 1990 there are quite a number of articles, but back in the 15 early days you would look at what journals there were, you 16 would look at the government reports. There were some 17 government public health service reports would come out on 18 isolated products. 19 You would look at the standard textbooks, there 20 were one or two textbooks in the English language that 21 would give descriptions of toxic properties of products. 22 Then if there were no information there you would talk to 23 your confers in the medical field. In other words, I 24 would -- 25 Q Confers in the medical fields? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009824 16 1 A I mean by that, other medical directors. 2 Q Okay. 3 A Other medical directors and if for example we 4 made a product, somebody else made it I would call the 5 medical director at Dow and say, "What's your experience 6 with this?" He would call me if they were going to make a 7 product that we had previously manufactured, if this 8 proved to be of ill effect and if there was nothing in the 9 literature, nobody else knew much about a product then we 10 had to do some laboratory work on it. 11 Q Would it be your policy while you were 12 medical director at Monsanto to try to review all of the 13 medical and scientific literature on all of the products 14 that Monsanto produced? 15 A Well, you have to divide that, scientific 16 encompasses an awful lot of things. I would say I would 17 receive whatever medical information was available, what 18 was was available from the standpoint of adverse effects 19 on people. 20 Q Did you have any policy with regard to 21 visiting the plants that Monsanto operated throughout the 22 United States? 23 A Well, again it varied. Early as I said it 24 was on a sort of fire fighting basis, there was -- I would 25 go down there and because they had a problem or a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009825 17 1 potential problem. Afterwards -2 Q By afterwards what do you mean? 3 A By after about 1938 I would go on a yearly 4 basis, more or less on a yearly basis. We had some small 5 plants that I may see just twice, every few years and then 6 following my return in 1946 I went definitely on a yearly 7 basis. 8 Q To all the United States plants of Monsanto? 9 A Yeah. After we got on assistant medical 10 director we split the visits. 11 Q Was there any policy while you were medical 12 director at Monsanto with regard to physical examinations 13 of the workers? 14 A Well, the policy varied by plants. For 15 example, at the plant at which I was first employed they 16 did have a policy, they examined all the people on a -- it 17 was a voluntary program but it had been going on I think 18 since World War One, and they examined some departments - 19 some of the employees in some departments yearly, some 20 every six months and some maybe every two or three years. 21 Q Were there periodic physical exams at all of 22 the plants eventually in the United States? 23 A Eventually there was, yes. 24 Q Can you define the term industrial hygiene? 25 A Industrial hygiene is that science that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009826 18 1 endeavors to make a safe environment for the worker. It 2 is an analytical process by which you -- a trained 3 engineer or a trained chemist or industrial hygienist -4 now there is a definite education for them, but in the 5 early days there were chemists and there were engineers 6 that would go into a plant and by visual inspection and by 7 his knowledge of the physical properties of a compound he 8 would know whether or not there would be dangers at 9 elevated temperatures or something of that sort. You 10 would also be in a position to carry out analytical 11 procedures. In other words, how much dust was in the air 12 or how much a particular fume was in the air. 13 Q Did you while you were medical director at 14 Monsanto develop a industrial hygiene service? 15 A Yes. We hired our first one in 1947, a Mr. 16 Wheeler, and when I left we had four industrial 17 hygienists. 18 Q Could you define -- or strike that. Did you 19 hire any toxicologists while you were medical director at 20 Monsanto? 21 A Yes. We hired our first one sometime in the 22 fifties. I believe it was the fifties and when I left we 23 had three. 24 Q And what is a toxicologist? You defined the 25 term toxicology, but what is a toxicologist. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009827 A Toxicology is the man who tries to find out -- who is knowledgeable in the harmful properties of a product. He is knowledgeable in the pharmacology and physiology and biochemistry of different products, each individual product. Q Is he a Ph.D? A Yes, usually Ph.D., although there are some masters degrees and some M.D.'s, are also toxicologists, but the majority of toxicologists are Ph.D's. Q You mentioned that you reviewed the medical literature about Monsanto's products, when did that start, when did you start doing that? A I would say within six months after I came with Monsanto, sometime at the end of 1936. Q And how long did you continue that? A Till I left. I mean, I didn't do all the reviewing myself, sometime along the way we engaged a librarian who made searches and we had our industrial hygienists and our toxicologists and our part time physicians do some of the reviewing. I didn't do all of it myself but I was apprised of any important material that related to our products. Q But from the late 1930's until you retired from Monsanto in 1974 either you or someone in your department would try to review the medical literature with 19 Kelly, R.. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009828 20 1 regard to Monsanto's products? 2 A Yes. 3 MR. MCCREA: Objection, leading. 4 Q (By Mr. Carney) Could you give us some 5 examples of the types of journals, medical or scientific 6 journals you reviewed when you first started the review 7 prior to World War Two? 8 A Well, there were two. One was Journal of 9 Industrial Medicine, I believe it was called. Then 10 there's a Journal of Industrial Hygiene and Toxicology. 11 The Journal of Industrial Medicine changed into the 12 Journal of Occupational Medicine. The Journal of 13 Industrial Hygiene and Toxicology fell by the way side 14 sometime. 15 It went defunct, sometime either during World War 16 Two or shortly afterwards. Of course, there were other 17 occasions, other opportunities for -- I attended meetings, 18 the scientific meetings of the Industrial Medical 19 Association where toxicology was discussed several, in 20 many of the papers. 21 Q Why did you review these medical and 22 scientific articles regarding Monsanto's products? 23 A Wanted to find out if there was anything new 24 about it or if it was new to me. 25 Q And why did you want to know that? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009829 21 1 A So it would help me in arriving at providing 2 a safe atmosphere for our workers and for our customers. 3 In order to have safe handling procedures you have to know 4 how the material works and how it is absorbed into the 5 human body. 6 Q And these periodic -- and I think you've said 7 annual plant visits that you made to all the plants in the 8 United States that Monsanto operated, what was the purpose 9 of those visits? 10 A Well, the purpose was to see for myself what 11 the plant was making. Before we had industrial hygienists 12 and even after we had it I wanted to know, got some idea 13 of the manufacturing process, what the exposure levels may 14 be, exactly what the worker did; because you cannot decide 15 on what his exposure is unless you know what he's -- how, 16 what he does, unless you know for yourself what he does. 17 It was also to see that the doctor was doing his 18 job, at the plant there were no particular illnesses 19 grouping together. I would discuss any occurrences that 20 might have occurred with the plant doctor, with the nurse, 21 with the plant manager. I would talk to the safety 22 department, safety supervisor. 23 We had safety departments at all the plants. We 24 didn't have full time doctors until the fifties at some of 25 our plants. At many we never had any full time doctors Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009830 22 1 until later in the fifties; but we had a full time safety 2 men. So they were knowledgeable about the plant and I 3 would go through the plant with the safety director. 4 Q How long would these plant visits normally 5 take? 6 A It would depend, for part of a day. For 7 example, at Norfolk, Virginia where we only had forty 8 people it would take half a day, but larger plants, 9 Springfield, Massachusetts or Boston it could be two or 10 three days. 11 Q Did you visit any Monsanto plants in the 12 United States that manufactured PCB's? 13 A Yes, I did. 14 Q Where were those plants located? 15 A One was in Anniston, Alabama and one was at 16 East St. Louis, Illinois. 17 Q Did you visit those plants on an annual 18 basis? 19 A Yes, I did, at least annually. 20 Q Were there other products manufactured at 21 these plants that many made PCB's in Anniston, Alabama and 22 East St. Louis, Illinois? 23 A Yes. During the course of years at Anniston 24 they might have manufactured three or four -- they did 25 manufacture three or four others. They manufactured an Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009831 23 1 insecticide, parathion, they manufactured abrasives, they 2 manufactured some phosphorus compounds. East St. Louis 3 manufactured probably fifty, at least fifty organic 4 compounds. 5 Q I won't ask you to list those fifty. 6 A I wouldn't be able to. 7 Q Did your annual visits to these two plants in 8 Anniston, Alabama and East St. Louis, Illinois, continue 9 up through your retirement, up to your retirement in 1974? 10 A Yes. But as I said when we engaged Dr. 11 Saunders he was the first assistant medical director. He 12 was part time, then we engaged Dr. Johnson who was full 13 time. They took some of the visits off, but they always 14 made reports when they came back as to what they found 15 out. 16 Q For what period of time did Monsanto 17 manufacture PCB's? 18 A They were manufactured shortly before I came 19 and they manufactured them until 1977 to the best -- I 20 know they manufactured them through 1974. They were 21 manufactured by a different company, Swann Chemical 22 Company just at Anniston, Alabama. Monsanto bought Swann 23 sometime before I came. I thought they bought them in 24 1935 . 25 Q So PCB's prior to that were manufactured by a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009832 company called Swann Chemical? A That's correct. Q And then just sometime shortly before you arrived at Monsanto, Monsanto purchased the Anniston, Alabama plant that made PCB's? A That's correct. Q What was the policy with regard to physical examinations at these plants in Anniston, Alabama, East St. Louis, Illinois that manufactured PCB's as well as other products? MR. MCCREA: Objection, unless it's stated as to what year. Q (By Mr. Carney) Well, if you could give the years -- What I'd like to know is what the policy was on physical exams at those two plaints -- A We carried out physical -- Q -- and try to give the years if you can, Doctor. A We carried out physical examination - MR. MCCREA: We would further object in that any policies with respect to physical examinations would be best described by the written policy itself rather than verbal recollection, rather than recollection by memory. Q (By Mr. Carney) Go ahead, Doctor, you can answer the question. 24 Kelly, R.. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009833 25 1 A Well, the written policies were not in effect 2 from the general office at this time. There were policies 3 that had been established by the plant management. 4 Q Doctor, I don't -- you can just give your 5 best recollection of what those policies were, whether 6 they were written or not. 7 A The policies at Anniston were somewhat 8 different than the policies at the East St. Louis plant 9 because Anniston had a situation similar to our present 10 HMO's, which are health maintenance organizations, that is 11 where the physician took care of the workers for 12 non-occupational conditions as well as occupational 13 conditions. 14 He treated the people in his office for private 15 conditions as well as coming out to the plant on daily 16 visits. He carried out examinations on all the people in 17 the plant, and whether he did that primarily in his office 18 or carried them out at the plant varied but anyway they 19 got examinations on what was close to a yearly basis. The 20 situation in East St. Louis was similar except that the 21 doctor examined them on a regular basis. That basis was 22 not quite yearly, I do not believe, to the best of my 23 recollection, but he carried examinations out at the 24 plants. 25 Q And what period of time was there a policy of Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009834 26 1 annual physical exams at Anniston? 2 A Since before I came with the company until I 3 came back in 1946, and I do not believe it was annual when 4 I came back because I had a policy that depended on the 5 person's age. If a person were thirty it would be every 6 thirty months, two and a half years, if a person were 7 forty it might be every two years, over forty-five it 8 could be every year. 9 I'm not sure about those exact time frames and that 10 was instituted for all places in the company. Of course, 11 there were special exams that we did for individuals. If 12 they were exposed to asbestos, they were examined at 13 varying levels, at varying time periods, if they were 14 examined and there were other things that they were, if 15 they were -16 Q Was that policy at Anniston, examining at 17 least once a year for the older workers and maybe every 18 couple of years for some of the younger workers, was that 19 carried on until you retired? 20 A Yes. 21 MR. MCCREA: I'm going to interpose an 22 objection as to Dr. Kelly describing a policy of physical 23 examination of workers at the Anniston plant and East St. 24 Louis plant for the reason that that policy would best be 25 described by the doctor who performed the examinations or Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009835 27 1 by a written policy which describes the protocol for the 2 examination and the other bases of information which 3 Monsanto used to elicit health problems caused by exposure 4 to toxic chemicals. 5 Q (By Mr. Carney) Doctor, did the plant 6 physicians and the plants of Monsanto in the United 7 States, did they report to the medical department and to 8 you as head? 9 MR. MCCREA: Again, I'm going to object to 10 this line of questioning in that what we're talking about 11 here is something that's verbal. There is no way that did 12 we can cross-examine those people who reported to Dr. 13 Kelly. If he has a document that identifies a report then 14 that would be the best evidence; but what Dr. Kelly says 15 was reported to him by somebody else in the Monsanto 16 organization leaves us with no ability to question some 17 unknown individual. 18 MR. CARNEY: Well, it's the first time I 19 heard that you had to have a document or you couldn't 20 testify about anything, be we'll go on. 21 Q (By Mr. Carney) Doctor, did the plant 22 physicians report to the medical department? 23 A Yes, they did. 24 MR. MCCREA: Again, the objection would be 25 report, verbal, in writing, what years are we talking Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009836 28 1 about, what's the protocol? The question is simply -- the 2 question is simply too vague to elicit a response that's 3 meaningful in this situation in which we have workers 4 exposed to PCB chemicals. 5 Q (By Mr. Carney) Doctor, did the plant 6 physician report to the medical department during the 7 entire time that you were head of the medical department? 8 A Yes. 9 MR. MCCREA: I still don't know if they 10 reported verbally or if they reported in writing. If they 11 reported in writing then those documents would be 12 available for us to review, so -13 Q (By Mr. Carney) Doctor, how did the plant 14 physicians report to the medical department? 15 A They reported in two ways. They had to tell 16 me if there were -- by writing to me or by calling me if 17 there were any cases of occupational injury or 18 occupational illnesses apart from minor skin rashes or 19 skin problems or an acute non-serious inhalation of fuels. 20 If they had any condition that required loss of work, 21 outside medical expense or lost time that had to be 22 reported to this medical department. 23 And I also went down to each of those plants, I 24 talked to the doctors, I looked at their examination 25 reports. I would use in smaller plants like Anniston I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009837 29 1 could go through all of the annual examinations of a man's 2 medical file. At the larger plants I would only take 3 random sampling and look at them. 4 Q Doctor, you talked about the physical 5 examinations at the East St. Louis plant that also made 6 PCB's; was the policy with regard to physical exams at 7 that plant, did that continue until you retired? 8 A Yes. 9 MR. MCCREA: Again, I'm going to object, 10 policy, are we talking about a policy in writing, a verbal 11 policy? We simply have no way to respond to this 12 deponent's answer by saying policy. I don't know if it's 13 verbal, I don't know if it's in writing - 14 MR. CARNEY: Well, I don't know that it 15 matters whether it's verbal or in writing, if it was the 16 policy of the company it was the policy of the company. 17 But if you have other questions, Mr. McCrea, when I finish 18 my questions you'll be free to ask any questions that you 19 want and I would suggest that you if you have other 20 questions you want to ask that you might ask those at that 21 time. 22 MR. MCCREA: I appreciate that and certainly 23 will have questions to ask, but I object to the form of 24 the question, in that it does not specify as to whether or 25 not we're talking about something that's verbal, which Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009838 30 1 would be hearsay or we're talking about something in 2 writing, which could be produced. 3 Q (By Mr. Carney) Did you from time to time 4 have occasion to examine Monsanto employees yourself? 5 A Yes. 6 Q Can you give me some examples of that? 7 MR. MCCREA: Again I'm going to object to 8 this question unless the examinations which this doctor is 9 now intending to describe are incorporated in writing so 10 that we may review those for proper cross examination. 11 For him to come in here and say that he examined people 12 with no documents of the examination leaves us in the 13 impossible situation of not being able to question him as 14 to the data that was obtained. 15 Q (By Mr. Carney) You can go ahead. Do you 16 remember the question? 17 A No. 18 Q I'll reaskit if you wantme to. 19 A Please. 20 Q Can you give me some examples of some 21 physical examinations that you conducted? 22 A Yes. When I was a physician at the Queeny 23 plant, that was a Monsanto plant. I was a Monsanto 24 employee, the employees came into the dispensary and I 25 examined at regular intervals for a period of 1936 until Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009839 31 1 1942. There were written examinations, they are put in 2 the man's medical file and I do not know where those 3 medical files are; but we never threw away any medical 4 files. But I can't tell if you which of the 1200 5 employees by name, but I examined them on these bases on 6 these intervals that I talked to you about. 7 Q (By Mr. Carney) And since your retirement 8 doctor in 1974, do you know what happened to the documents 9 in Monsanto's files if you kept track of them? 10 A I don't know anything about them. I took 11 none with me and I don't know anything what happened when 12 I left. 13 MR. MCCREA: And that's the basis of our 14 objection. We have no way to examine the data which at 15 this point in time would be by memory. It simply leaves 16 us in an impossible situation with respect to health, 17 signs, symptoms, et cetera that these workers may have 18 recorded. 19 MR. CARNEY: Well, Mr. McCrea, you have had 20 over the last couple of years the opportunity to request 21 any document from Monsanto that you deem important and - 22 MR. MCCREA: He just said he didn't know 23 where they are. 24 MR. CARNEY: Well, this witness isn't 25 employed by Monsanto, he hasn't been employed by Monsanto Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009840 1 for sixteen years, so he doesn't have the knowledge; but 32 2 you have had the opportunity and the court rules to ask 3 for documents that you think are important to you in this 4 case from Monsanto and we are obligated if they're proper 5 requests to produce those, and at this point you haven't 6 asked for those documents, so we have not been required to 7 produce any of those documents. But that's up to you as 8 to whether you want to request those documents. 9 MR. MCCREA: Mr. Carney, that has nothing 10 whatsoever to do with our ability at this point in time to 11 cross-examine this witness as to the data which he 12 obtained in physical examinations which was duly recorded 13 on the records which have not been produced for this 14 examination of this deponent. It's an impossible 15 situation for us. We have no way to cross examine this 16 doctor as to his observations and conclusions without the 17 data. 18 MR. CARNEY: Well, again Mr. McCrea, not only 19 have you had the opportunity for several years to ask for 20 any document that you want and you have not asked for 21 these documents, and No. 2 you didn't ask for these 22 documents to be produced at this particular examination, 23 so we - 24 MR. MCCREA: Well, we're not the ones that 25 are charged with going forward with the examination, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009841 33 1 that's your obligation. You don't have the documents, we 2 can't cross-examine. I'm going to object to any testimony 3 of Dr. Kelly which is not supported by data, with respect 4 to physical examinations. It's like taking a deposition 5 of a doctor, you wouldn't expect a doctor to come to a 6 deposition without his medical records and simply be there 7 to tell you what he recalls. I have never attended a 8 deposition of a medical doctor where you didn't also have 9 the medical records, "Doctor, what does this mean? Doctor, 10 what's the significance of this?" 11 MR. CARNEY: Well, unfortunately, Mr. McCrea, 12 you're mixing apples and oranges. The workers at Monsanto 13 aren't plaintiffs in this lawsuit. We're talking about 14 thousands of workers over the course of the last 15 fifty-five, sixty years and the documents to the extent 16 that they exist would fill up this room and probably this 17 whole building we're in. It would take truck loads. 18 MR. MCCREA: Were they to exist, you say? 19 MR. CARNEY: Nobody's asked me for the 20 documents, these examinations and the medical records are 21 scattered throughout the United States, in offices, it 22 would take months and months to try and locate these 23 documents. I don't think that's germane at all, and you 24 have never asked for them. We certainly couldn't produce 25 them in a matter of minutes or weeks or even months. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009842 34 1 MR. MCCREA: Mr. Carney -- 2 MR. CARNEY: So you can make your objection 3 but all I'm saying is you haven't asked for them to date 4 and we don't believe since these workers aren't involved 5 in this lawsuit that it would be at all appropriate to 6 have truckloads of documents brought into this room. 7 MR. MCCREA: If they're not involved in the 8 lawsuit then I don't understand why you directed inquiry 9 as to them. What's the relevancy? 10 MR. CARNEY: I'm asking for some preliminary 11 questions about this doctor and what he was doing at 12 Monsanto and I think I'll get to that if you'd allow me to 13 continue my examination. I'll get to the relevancy of it 14 if I can proceed. 15 Q (By Mr. Carney) Doctor can you tell me what 16 the purpose was of these physical exams, these periodic 17 physical exams of the workers in the plant at Monsanto? 18 MR. MCCREA: Can we show a continuing 19 objection that I as attorney for the plaintiffs am 20 objecting to Dr. Kelly describing information relative to 21 physical examinations without the data itself available, 22 and that way I don't have to object at every juncture? 23 MR. CARNEY: Yes, I think so 24 MR. MCCREA: Thank you. 25 A Before that question, Mr. Carney, you had Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009843 35 1 asked me about examples of physical examinations that I 2 did. 3 Q (By Mr. Carney) Yes, I'm sorry. 4 A And I had mentioned in eight years, six years 5 of examinations that I did at the Queeny plant I did also 6 a group of individuals at the East St. Louis plant who 7 were working in the PCB department, I did that in 1972 and 8 I believe someplace in these files is a report of that, my 9 findings of those examinations. 10 Q Okay. We'll get to that document later on. 11 A But I wanted to be complete as far as 12 examinations where concerned. 13 Q What was the purpose of the periodic plant 14 examinations of the workers of Monsanto? 15 A The purpose was to find out if there were any 16 incipient diseases, whether there were diseases of the 17 common lot of man or any conditions that could be 18 attributable to their working conditions, working 19 exposures. 20 Q How did it come to be Monsanto's policy -- I 21 think you already testified it was Monsanto policy 22 regarding all inquiry of toxicology or adverse health 23 effects of Montanto's products to you; how did that policy 24 become a policy of Monsanto? 25 A I talked to the executive committee to which Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009844 1 I reported and said I think we should -- the medical 36 2 department is the group that possesses the expertise to 3 answer all these questions and I think that is the place 4 where all inquires should be forwarded and so they said 5 that this is a good idea and so that policy was written 6 and sent out sometime in 1946, and -- 7 Q How long was that policy in effect? 8 A It was in effect until I left in 1974 and to 9 the best of my knowledge, by hearsay, it still exists. 10 Q And was that policy followed at Monsanto? 11 A Yes. 12 MR. MCCREA: We would object to the portion 13 of the question which would relate to the hearsay after 14 1974 . 15 Q (By Mr. Carney) At least during the time 16 that you were medical director at Monsanto it was the 17 policy that all reports or complaints of possible product 18 related health problems of workers or customers were sent 19 to the medical department? 20 A That's correct. 21 MR. MCCREA: That was not his testimony. 22 Q (By Mr. Carney) Is that correct? 23 A Would you repeat the question? 24 MR. MCCREA: I never heard the Doctor state 25 all possible problems. I never heard him say that. That Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009845 37 1 was in your question; I have not heard that in testimony. 2 MR. CARNEY: Let me just ask it again so we 3 have it -4 Q (By Mr. Carney) Was it Monsanto's policy 5 during the entire time you were medical director that all 6 reports or complaints of possible product related health 7 problems with workers or customers were reported to the 8 medical department? 9 A Yes, real or possible health problems. 10 Q What was the purpose of this policy? 11 A To give the person who inquired the most 12 adequate up-to-date information from an authoritative 13 source. 14 MR. MCCREA: Before we get started -- excuse 15 me, Dr. Kelly -- I'm going to object to any verbal 16 communications to Dr. Kelly from any doctor or people 17 outside of Monsanto. So let's get that understood before 18 we go any further. That is strictly hearsay. 19 MR. CARNEY: Well -- 20 MR. MCCREA: So if Dr. Kelly wants to state 21 that he talked to someone at Chevron with regard to 22 surveys of workers who used PCB's, consider the objection 23 made at this point in time as that is strictly hearsay 24 from that individual to this person and any one would 25 understand we have no way to question the validity of that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009846 38 1 information communicated verbally by somebody outside of 2 Monsanto to Dr. Kelly. 3 Q (By Mr. Carney) Dr. Kelly, I believe you 4 indicated earlier that it was Monsanto's policy that all 5 toxicity and safe handling information must be approved by 6 the medical department before it was distributed? 7 A That's correct. 8 Q When did that become the policy of Monsanto? 9 A It was more or less informal from 1938 to 10 1942; but it was formalized with the inauguration of the 11 central medical department in 1946, shortly after that. 12 Q And how long did that policy remain in 13 effect? 14 A My personal knowledge is that it remained as 15 long as I was in -- attached to Monsanto which was until 16 the end of 1974. 17 Q What was the purpose of this policy? 18 A The policy -- the purpose was to give the 19 consumer the adequate information so that he could protect 20 his workers. 21 Q How did Monsanto typically publish toxicity 22 and safe handling information in regard to its products to 23 its customers? 24 MR. MCCREA: What years please? 25 MR. CARNEY: I'll cover the years in a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009847 39 1 minute. 2 A Well, they used information - 3 MR. MCCREA: I would object unless the 4 year's specified. I mean, we're covering a span here of 5 1936 to 1974; there could be a wild variation in how they 6 did things during that time period. 7 MR. CARNEY: Well, I'd like to do one 8 question at a time. If you have some other questions, 9 that's fine. I'll try to pin down some of these years but 10 first of all I want to ask how it was done and then I'll 11 cover what period of time. 12 A It was done either by bulletins, these were 13 application bulletins, sales bulletins, technical 14 bulletins, it was done by including information on the 15 labels that were placed on outgoing shipments of 16 materials. 17 Q (By Mr. Carney) Were there documents called 18 material safety data sheets used? 19 A Yes. Later on in the sixties or first part 20 of the seventies there were material safety data sheets. 21 Most of the companies in the late sixties started their 22 own safety data sheets, Monsanto was one of those. We had 23 also Department of Labor safety data sheets that were 24 required by the government for certain shipments and these 25 were sent out to our customers along with the products. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009848 40 1 Q And Doctor, I'm going to show you some 2 technical bulletins and some labels and we'll try to get 3 the dates when I show you those particular documents, I'll 4 cover that in just a little while. Once this safe 5 handling and toxicity information had been approved by the 6 medical department did Monsanto have policy concerning 7 which customers would receive the information? 8 A Well, all customers received the information. 9 Q How did Monsanto want to insure that all the 10 of its customers got the information about the safe 11 handling of its products? 12 A I guess we wanted the customers' workers to 13 say safe, to avoid any harm from our products. 14 Q Why did Monsanto give this information about 15 safe handling of its products directly to the employees of 16 its customers? 17 MR. MCCREA: Objected, that's a legal 18 question for this injury to determine as to their 19 obligation to communicate to the employees as a 20 non-delegable duty under St. Louis -- under Missouri law, 21 and we would object to it for the reason that that would 22 be an invasion of the province of the jury as the fact 23 finder. 24 Q Well, Monsanto did not give this information 25 directly to the employees of the company because one, they Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009849 41 1 had no right to. They didn't know how the employees were. 2 They didn't know whether the company was going to add 3 anything to these particular products. They did not know 4 the exposure that the employees would have. 5 So what we did was send the information to the 6 people in charge of the companies who knew how they were 7 going to use the product, knew what temperatures they were 8 going to use. They knew the employees, how they were 9 going to be exposed; Monsanto knew nothing of that. So we 10 gave the company the information about it, and it was 11 their responsibility to pass it down to the working level. 12 MR. MCCREA: Now to which I'm going to 13 object for the reason that there's a non-delegable duty on 14 the part of Monsanto to provide toxicological information 15 that's necessary to the worker to protect himself. There 16 are a number of ways that they could have done it and they 17 have already been described, by labels, by material safety 18 data sheets, et cetera. 19 Now Dr. Kelly had taken it upon himself to be the 20 determiner of the law in this case. That's a question for 21 the court to determine, it's not a question for Dr. Kelly. 22 MR. CARNEY: I think we need to take a break 23 because the tape is about to run out. I just might say 24 that there is no such non-delegable duty at all in the 25 law, and as a matter of fact it would be improper and Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009850 42 1 illegal for a company to go into some other plant that's 2 owned by another company and give them information. That 3 I think is pretty obvious, but we'll save the legal 4 argument I think for - 5 MR. MCCREA: Kind of hard to explain what 6 you were doing in the Bloomington plant if it were 7 improper and illegal? 8 MR. CARNEY: Well, you are now 9 mischaracterizing something that I don't think is in the 10 evidence; but why don't we take a break so we can change 11 the tape. 12 (Whereupon, a short break was taken.) 13 Q (By Mr. Carney) Doctor, what happened where 14 a customer of Monsanto would write into Monsanto with a 15 question about its toxicity of a Monsanto product or about 16 the safe handling of a Monsanto product, where would that 17 question go to in Monsanto? 18 A It would go to the medical department. 19 Q And was that from 1946 at least until you 20 retired? 21 A That's correct. 22 Q And what would the medical department do with 23 that question about its product? 24 A It depended upon the urgency of the matter. 25 I would either call the individual or I would write him. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009851 43 1 If you're talking about the time frame up to 1974 it could 2 be someone else in the medical department. It could be 3 the assistant medical director, sometimes it might be with 4 Mr. Wheeler, dependent on the basis of the individual's 5 question. He might be questioning him about toxicology, 6 he might be questioning him about industrial hygiene, he 7 might be questioning about health aspects or health 8 aspects that correspondence would certainly be seen or 9 answered by the medical physician. 10 Q And that was all under your supervision? 11 A That's correct. 12 Q During the time that you were with Monsanto 13 what was the company policy concerning communication of 14 safe handling information to Monsanto employees who were 15 engaged in the manufacture of Monsanto products? 16 MR. MCCREA: Again, it would help me a lot 17 if you would state verbal or written, that way I couldn't 18 have to object, because you can have a verbal policy and a 19 written policy; and I'm going to object to this question 20 for the reason that I don't know if it's verbal, in which 21 case we have no way to establish the details and if 22 written we do have means to examine the document, question 23 the witness. 24 A May I have the question again please? 25 Q (By Mr. Carney) Yeah. During the time that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009852 44 1 you were with Monsanto, what was the Monsanto policy 2 concerning safe handling of information about Monsanto 3 employees - 4 MR. MCCREA: Same objection. 5 Q (By Mr. Carney) -- who were engaged in the 6 manufacture of Monsanto products? 7 MR. MCCREA: Same objection. Is it verbal 8 or is it in writing? 9 A With the exception of safe handling as far as 10 fire and explosion would be concerned such information 11 would be transmitted by the medical department to the 12 physician, to the safety director, to the dispensary, to 13 the plant manager at the plant. Then each of these 14 groups, the safety director, the plant manager would 15 transmit the information down through the manufacturing 16 people to the workers that it would be transmitted to 17 them, either by billboard announcements or in plant 18 department safety meetings. 19 Q (By Mr. Carney) Dr. Kelly, during the time 20 that you were with Monsanto did you keep track of 21 statistics in relation to any diseases with Monsanto, 22 occurring in Monsanto workers? 23 MR. MCCREA: Again, I'm going to object 24 unless we have the raw data from the statistical analysis 25 in order to question the conclusions. If he is going to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009853 45 1 talk about data in a conclusionary way then I think that 2 we deserve to see the actual data itself. 3 Q (By Mr. Carney) You want me to repeat the 4 question? 5 A Please. 6 Q Dr. Kelly, during the time you were with 7 Monsanto did you keep track of statistics in relation to 8 diseases of Monsanto workers? 9 A Well, when you say diseases do you mean 10 common diseases that -11 Q Well, for example - 12 A -- that everyone has, that the man on the 13 street has? I mean, we didn't keep track of how many 14 people had pneumonia or something like that. If you mean 15 by that occupational conditions that's a different 16 situation. 17 Q Did you keep track of occupational diseases? 18 A Yes, we did; because we had written reports 19 from the insurance company which would detail any 20 occupational conditions for which an outside payment was 21 made, whether there was lost time involved, that was - 22 those statistics were furnished me quarterly and I would 23 review those. 24 In addition to that we had our statistics on one 25 particular compound that we carried, that we followed, it Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009854 46 1 was not a PCB but it was one individual compound that was 2 not related at all to PCB. That was manufactured at 3 Anniston where we kept statistics of that primarily 4 because of the possibility of malignancy. 5 We also kept what we called a cancer index. That 6 was started by me sometime in either the late forties or 7 early fifties, in which the insurance group in the central 8 office would relay to me any claim forms that came in on 9 workers listing any type of malignancy. This insurance 10 program at fist covered about ninety-five percent of the 11 people because it was partly contributory, but afterwards 12 it was non contributory and covered a hundred percent of 13 the hourly and salary workers. 14 Q Was this cancer index that you described 15 limited to any particular plants in the United States? 16 A No, took care of all of them. 17 Q How often do you review the cancer index? 18 A It would vary, probably bi-monthly, certainly 19 at least quarterly. 20 Q Did you find in your reviewing of the cancer 21 index any groupings of concern during the period of time 22 that you worked at Monsanto? 23 MR. MCCREA: To which plaintiffs will object 24 for the reason that the protocol to the cancer index has 25 not been established, the methodology for obtaining this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009855 47 1 data has not been established. It's not been established 2 that there's been any outside peer review, that this 3 information has ever been given to the United States 4 government. The only thing that we have here is a very 5 ill-defined study done by Monsanto in-house with none of 6 the prerequisites to establishing validity. 7 MR. CARNEY: Well, again you're asking for 8 documents going back thirty and forty years. I know of no 9 company that keeps documents thirty, forty and even I 10 think we're gong back to the 1930's, so we're talking 11 about fifty year old documents. If companies kept all 12 those documents they wouldn't have any room for their 13 employees to work in because the paper would fill all of 14 their office buildings and plants. But again you have not 15 asked for these documents, we're not obligated to bring 16 them here since you didn't ask for them and you recorded 17 your objection. 18 MR. MCCREA: Well, that's not my objection. 19 My objection is that you haven't established the protocol, 20 you haven't established the methodology. There has been 21 no indication that this has been peer reviewed. There's 22 been no indication that this has been accepted by anybody 23 outside Monsanto. 24 So we've got a real pig in the poke here, with 25 respect to who obtained the data, how the data was Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009856 48 1 obtained, when the data was obtained and why the data was 2 obtained. It's simply an impossible situation for 3 plaintiffs to confront, to be able to cross-examine Dr. 4 Kelly with regard to the validity of this stuff. 5 MR. CARNEY: Again, Mr. McCrea, if you have 6 got questions, if I ask all the questions that you are 7 asking me to ask this deposition would go three times 8 longer, it would go a week or more in length, and I'm 9 hoping we don't go that long. I am trying to ask 10 questions that I think are pertinent. If you have 11 questions you will have an opportunity to ask all those 12 questions after I'm finished. 13 MR. MCCREA: I understand your questions and 14 I want you to understand my objections. 15 Q (By Mr. Carney) Did you -- let me, because 16 I've forgotten the question and I'm sure you probably have 17 after the conversation between the lawyers. Did you find 18 any groupings of cancer during the period of time that you 19 received this cancer index among the PCB workers? 20 A Well -- 21 MR. MCCREA: Again I'm going to object. 22 Excuse me, Doctor. There's no showing that this man is an 23 epidemiologist, there is no showing that this man is 24 qualified to establish groupings, that he has any 25 background in this area whatsoever, and he has not been Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009857 49 1 qualified in this particular area as an epidemiologist. 2 Monsanto has done epidemiological reports, I read 3 them, and the appropriate person to answer that question 4 is one who understands the statistical analysis and how to 5 do it. There is simply no information here whatsoever 6 that Dr. Kelly, who is board certified in internal 7 medicine, has the ability to interpret this data from an 8 epidemiological point of view, which based on your 9 question is what I understand you're asking him to 10 describe. 11 MR. CARNEY: Well, I think we have 12 established that Dr. Kelly is a medical doctor, he's been 13 involved in occupational medicine for forty, actively for 14 forty years and still active on a more limited role. So 15 it goes back over fifty years of experience here. I think 16 he can recognize a cancer when he sees it. He was the one 17 that set up this index. Let me -- Dr. Kelly answered the 18 question and you were talking during his answer, I'd like 19 to just ask the question again. Since you've already 20 objected to it I'll ask the same question if we can just 21 get the answer on the record. 22 Q (By Mr. Carney) Dr. Kelly let me just ask 23 the same question I asked before because I think your 24 answer might have gotten muffled by the objection. Did 25 you find any groupings of cancer during the time that you Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009858 50 1 reviewed this cancer index of the PCB workers at Monsanto? 2 A No, I did not. 3 Q Could you briefly describe, Doctor, the 4 development of the staffing of the medical department at 5 Monsanto during the time that you were the medical 6 director? 7 A Well, it started with me and a secretary and 8 then when I found out that we needed an industrial 9 hygienist because I recognized the fact that when I 10 visited the plant I was not in the position to have 11 expertise in ventilation and air analysis so we engaged a 12 industrial hygienist. Then I engaged a professor of 13 preventive medicine at Washington University, a physician 14 as a part time associate medical director. 15 This was in the late forties. So it grew. As I 16 said, we added more industrial hygienists sometime in the 17 fifties. We engaged a toxicologist. I don't have the 18 exact dates of when we engaged the other ones but as I 19 said we had three toxicologists when I left, we had four 20 industrial hygienists and we had a librarian and we had 21 three part-time physicians as well as a full time 22 associate assistant director. 23 Q Did these people in your department work in 24 one particular area of the company or were they spread 25 out? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009859 51 1 A No. We were in one wing of the building. We 2 had a common, almost a bull pen, a common reception area 3 and so we saw each other very frequently, I mean, ten 4 times a day. Our offices all opened into this central 5 area. We all went to lunch together, we saw each other 6 very frequently. 7 Q Did you also have any periodic formal 8 meetings as well as informal? 9 A Yes. We had a regular weekly meeting, Monday 10 afternoon I believe it was. 11 Q In your role as medical director at Monsanto 12 did you have access to the top management at Monsanto? 13 A Yes, I did. 14 Q Was the management of -- the top management 15 of Monsanto during the time that you were medical director 16 responsive to you when you made requests or 17 recommendations? 18 A Yes, it was. I never asked them a request of 19 any of -- for any authority or any change in manufacturing 20 procedures because of health reasons that they refused. 21 Q So any safety recommendation that you had 22 with regard to the safety matters for workers at Monsanto, 23 they were always followed, is that correct? 24 A That's right. Of course if I wanted to hire 25 three more industrial hygienists they may object to that. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009860 52 1 Q Did you ask for this? 2 A No, I didn't. Just one at a time. 3 Q Dr. Kelly, during the 1930's, what were PCB's 4 used for during that period that you were employed by at 5 Monsanto? 6 A Used as a dielectric. A dielectric is an 7 insulating fluid, and they were used in transformers. 8 They were used in in transformers because as I said they 9 did not conduct electricity and they were non-inflammable, 10 relatively non-inflammable. Previously people had used 11 oils, hydrocarbon oils similar to refinery products which 12 were of course inflammable. 13 Q And what types of products were these PCB 14 fluids used in as dielectrics? 15 A Well, they were used primarily in 16 transformers and especially in places where the location 17 of the transformer was critical. For example at Busch 18 stadium down here, those were filled with PCB's because if 19 the transformer arced and there was a fire you wouldn't be 20 dropping down burning oil on the people in right field. 21 So it was specially -- also at places like the White 22 House where you didn't want that to burn down because of 23 the transformer fluid and in some ways they had to be put 24 in a confined space so where also inflammability was 25 extremely important. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009861 53 1 MR. MCCREA: Could I ask the doctor and also 2 Counsel, could we have dates? There's a big difference 3 between what may have been and - 4 MR. CARNEY: I think I -- Well, I asked the 5 doctor about the early time when he was at Monsanto, we're 6 talking about the thirties and forties now. 7 THE WITNESS: Well, Busch stadium was not in 8 the thirties or forties, so that was sometime in the 9 fifties. 10 MR. MCCREA: That's exactly my point, we 11 simply -- I can't respond unless I have a date. We have 12 such a wide span here? 13 MR. CARNEY: Well, I'll -- I'm just trying to 14 cover some preliminary matters and all I was asking about 15 was the use of PCB's and if I could go on. 16 MR. MCCREA: Tom, is it too much to ask to 17 get a date? Is that too much to ask? 18 MR. CARNEY: No, it isn't, and I think he's 19 just given you the dates, 1930's and forties and then he 20 said the fifties. 21 MR. MCCREA: Well, when were they in the 22 White House. 23 THE WITNESS: Sometime in the fifties. 24 MR. CARNEY: Again, you may have lots of 25 other questions, I know you're going to ask questions. If Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009862 54 1 you have questions you'll have your opportunity to ask 2 those. I'm trying to move this deposition along as fast 3 as possible and I may not ask all the questions you might 4 think are relevant. 5 MR. MCCREA: It would save me a lot of time 6 if you would specify dates. 7 MR. CARNEY: Well, again, I would like to ask 8 the questions that I would like to ask, and then, you 9 know, you can ask all the questions you want to ask after. 10 I don't think it goes well and I never had a deposition 11 where somebody starts asking questions in the middle of 12 somebody else's deposition. 13 MR. MCCREA: Really? 14 MR. CARNEY: I haven't had it happen in 15 twenty-three or four years of practice. I guess it's that 16 many times, but I guess there's also a first. 17 Q (By Mr. Carney) Doctor, were there other 18 uses for PC -- Well, let me, with regard to the 19 transformers, were PCB's used in capacitors as well as 20 transformers ? 21 A Yes; but I do not know the date at which 22 PCB's were used and tried in capacitors. 23 Q Were there benefits to using PCB's in 24 transformers and capacitors? 25 A Yes. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009863 55 1 Q What were those? 2 A Relatively non-inflammability.They didn't 3 catch fire like the previous fluids did. 4 Q Over the years were there other uses 5 developed for PCB's? 6 A You don't want me to put dates on these uses? 7 Q I don't care, I'm just -- this is general and 8 I'm just asking for other uses? 9 A Over the years there were other uses for 10 PCB's, they were used as a plasticizer. That's a fluid 11 that's put into a plastic to make it more flexible. They 12 were used in carbonless carbon paper. There were other 13 uses, they used in, sometimes in paints and I'm sure the 14 application bulletins will show other uses but these are 15 the ones that come in mind primarily. 16 Q Back again at the early 19 -- or in the 17 1930's when you first started working at Monsanto did you 18 review any literature regarding a compound called 19 chlorinated naphthalenes? 20 A Yes. Well, chlorinated naphthalene was a 21 product that was even talked about in medical school 22 because it was the cause of chloracne from the time of the 23 turn of the century. It was a German product that 24 eventually was manufactured around the world that caused 25 chloracne and caused liver trouble and there were numerous Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009864 56 1 articles in the medical literature considering chlorinated 2 naphthalene. 3 Q Are chlorinated naphthalenes PCB's? 4 A No, they are not. 5 Q Do they have the same toxicity? 6 A No, they're considerably more toxic. 7 Q Which is, the PCB's or the chlorinated 8 naphthalene? 9 A The chlorinated naphthalene. 10 MR. MCCREA: There's been absolutely no 11 foundation information for Dr. Kelly to make that 12 statement other than for him to state he's a doctor, he's 13 worked for Monsanto for all these years. He's established 14 no background information with regard to the relative 15 toxicity of chlorinated naphthalene and PCB's and 16 therefore we would object to the answer because there is 17 no basis information, no qualification of him at this 18 point in time to make that statement. 19 Q (By Mr. Carney) Were you generally familiar 20 with the literature about chlorinated naphthalenes? 21 A Yes. 22 Q And was there such literature pre-World War 23 Two about PCB's? 24 A There was an occasional publication in which 25 PCB's were included in a survey of benzene derivatives of Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009865 which of course PCB is one. There was a series of articles by Dr. Drinker of Harvard in 1937 to 1939 in which he discussed the relative toxicity of chlorinated naphthalene and chlorinated biphenyl. Q We'll get to that article and some others in a minute. In the early literature about PCB's in the 1930's was there confusion about between PCB's and chlorinated naphthalene? MR. MCCREA: Objection, leading. Q (By Mr. Carney) Can you -- Well, let me rephrase the question, Doctor MR. MCCREA: You've already suggested the answer. Q (By Mr. Carney) Were there articles in the pre-World War Two time frame in the literature discussing chlorinated naphthalenes or PCB's together? A Yes. There were both in the pre-war years but mainly during -- in the war years themselves, the war year World War Two, the literature, with the first confusion was in 1937. Q And what was that confusion? A That confusion was the work of Dr. Drinker in which he testified both what he thought was chlorinated biphenyl as well as chlorinated naphthalenes and he listed as chlorinated biphenyl a compound that was not 57 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009866 58 1 chlorinated biphenyl. He subsequently acknowledged his 2 mistake in a later article. 3 Q We'll show you those articles and talk about 4 them in a minute. How is it that you recall studying 5 available literature on PCB's during the early years of 6 your employment with Monsanto? 7 A Because historically they had problems at 8 Anniston when he was acquired by Swann and I was 9 interested in it and then also of course correspondence 10 developed between Monsanto and the Bay Plant Corporation, 11 over the support of the investigations of Drinker which 12 occurred sometime in early '37. 13 Q What was the problem at Anniston, Alabama 14 prior to Monsanto buying that plant from Swann? 15 MR. MCCREA: Again I'm going to object 16 unless he has firsthand knowledge of the problem or it 17 comes to us in some documented form rather than just a 18 general answer as to what the problem was. We have no way 19 to know what the source of his information is. I'm more 20 interested in the source of his information. 21 Q (By Mr. Carney) You can answer, Doctor. Do 22 you remember -- You mentioned a problem - 23 A I really don't. I cannot listen to two 24 people consecutively. 25 Q I know it's confusing. I'll restate the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009867 59 1 question. You mentioned in your testimony that there was 2 a problem in Anniston prior to Monsanto buying the plant 3 down in Anniston? 4 A That's correct. 5 Q What was that? 6 MR. MCCREA: Same objection. 7 A The Anniston plant had a series of chloracne 8 occur in the workers who were working with PCB's. This 9 series of cases was written up in the medical literature 10 by Dr. Jones of Atlanta and that was the basis of my 11 information concerning the episode. In addition I was 12 interested because I was talked to by the supervisors at 13 Anniston who had - 14 MR. MCCREA: Objection, hearsay. 15 MR. CARNEY: Could you not interrupt the 16 witness? You can make your objections to my question, but 17 if you wouldn't interrupt the witness, I think that's 18 disconcerting. 19 MR. MCCREA: It's disconcerting to me that 20 we're getting into hearsay. 21 MR. CARNEY: Well, you can make the objection 22 after or before the answer, but I'd appreciate not 23 interrupting the witness. I know that's a courtesy that I 24 know you wouldn't do that in a courtroom, and I'd 25 appreciate if it you could avoid that. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009868 60 1 MR. MCCREA: I can assure you that if he got 2 into hearsay in the courtroom that we would object at that 3 point in time as being hearsay. Therefore, in that this 4 is going to be used in the courtroom as I understand -- Is 5 that not correct? 6 MR. CARNEY: I believe so. 7 MR. MCCREA: I am posing my objection to 8 prevent any further testimony based on hearsay. 9 MR. CARNEY: Okay. 10 MR. MCCREA: Unless you can establish to me 11 that this is hearsay testimony is admissible. 12 Q (By Mr. Carney) Doctor, I'm sorry, you were 13 interrupted. Could you finish your answer? 14 THE WITNESS: Could you read back where I 15 was, before Mr. McCrea's objection? 16 (Reporter read back from the record as directed: 17 "--in the medical literature by Dr. Jones of 18 Atlanta and that was the basis of my information 19 concerning the episode. In addition I was interested 20 because I was talked to by the supervisors at Anniston who 21 had -- ) 22 A Experience with the workers who were involved 23 in the Swann operation. 24 Q (By Mr. Carney) Doctor, you mentioned the 25 word chloracne, what is chloracne? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009869 61 1 MR. MCCREA: Again, there is -- Excuse me, 2 Doctor -- Dr. Kelly stated that he is board certified in 3 internal medicine, that he had practiced occupational 4 medicine; but there is no foundation information that Dr. 5 Kelly has expertise in the area of dermatology, which 6 would be the area in which you would expect an individual 7 to define chloracne, and therefore based on the lack of 8 that foundation information we object to the question. 9 A May I answer Mr. McCrea's question or just 10 yours? 11 Q (By Mr. Carney) Why don't you just answer my 12 question? I'll cover your experience with chloracne in a 13 minute. 14 A Okay. And what was your question again? 15 Q Can you define for the jury what chloracne 16 is? 17 A Yes, chloracne is a condition somewhat 18 similar to teenage acne. It differs in several respects, 19 at first is the location of the lesions. It is a series 20 of pimples, whiteheads, black heads that occur usually 21 around the ears, around the cheek, upper cheekbones. It 22 may be associated with pigmentation, blackening of the 23 skin. 24 It is more persistent and more serious than teenage 25 acne at sometimes, it could be sometimes it is extremely Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009870 62 1 innocuous, so that the individual doesn't know if he has a 2 few blackheads, a few pinhead, pinhead-sized, a white 3 clogging of his skin follicles around the eyes and he 4 doesn't even know he has chloracne. So it can be mild, it 5 can be quite serious. It is not a local disease per se, 6 by itself; it is a result of systemic absorption of 7 chlorinated compounds, hence the name chloracne. 8 Q Is it caused by compounds then other than 9 PCB's ? 10 A Oh, yes, it's cased by many chlorinated 11 compounds. It's caused by wood preservative, wood 12 preserving chemicals, other ones. 13 Q Have you seen chloracne? 14 A Yes, between a hundred and two hundred. I'm 15 not exactly sure how many. 16 Q And is that the only known adverse health 17 problem associated with PCB's in the industrial setting? 18 MR. MCCREA: Objection, unless we're going 19 to define known. Are we talking about something that is 20 based upon medical certainty to a ninety-five percent 21 probability based upon an epidemiological survey or are we 22 talking about something that is probable, that is perhaps 23 more likely than not, but yet not certain to be caused by 24 exposure to PCB's? 25 So without defining the word known we do not have Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009871 63 1 the appropriate standard with which to go forward in this 2 case. Obviously the medical community can have a standard 3 that would not be the same as the standard in a court of 4 law. So we would object. 5 A May I have the question? 6 Q (By Mr. Carney) Is chloracne the only known 7 adverse health problem to industrial exposure to PCB's? 8 A There are acute problems associated with 9 exposure to PCB's from the inhalation of the fumes at 10 elevated temperatures. That occasion, that causes -- it 11 causes a chemical hepatitis, which may be accompanied by 12 jaundice and that has occurred at times in individuals who 13 were exposed to PCB's after inhalation of the fumes at 14 elevated temperatures. 15 MR. MCCREA: Now also I would like to 16 interpose an objection at this point in time for the 17 reason that Counsel has asked Dr. Kelly if that's the only 18 known adverse problem as a result of industrial exposure 19 to PCB's and to use maybe a not-so-accurate analogy, it's 20 like saying you didn't find any Easter eggs, but then you 21 didn't go on an Easter egg hunt, and by that I mean the 22 workers in the Bloomington, Indiana plant, did not know 23 they were even using PCB's. 24 Mr. Carney took the deposition of doc -- the plant 25 physician, Dr. Lewallen who learned for the first time Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009872 1 that PCB's were in the Bloomington, Westinghouse plant 64 2 when he read about it in a newspapers article. Therefore, 3 to describe what is known in the industry with no 4 foundation information that the workers knew they were 5 exposed to PCB's, had been advised as to the possible PCB 6 problems, were given an appropriate work history and 7 toxicological information about the chemical and 8 furthermore, that the doctors would be able to recognize 9 the symptoms of PCB's simply makes this information from 10 Dr. Kelly meaningless. 11 Now Dr. Kelly may not have known that, but the fact 12 of the matter is in Bloomington, Indiana, there's not one 13 doctor who has any working knowledge of the toxicological 14 effects of the PCB's. Therefore there's a veritable 15 dearth of information with respect to what is coming up 16 through industry to Dr. Kelly, and unless Counsel can 17 establish that there was a program in which these workers 18 were educated and informed as to the doctors then there is 19 no basis to conclude that they knew what to look for 20 and/or what to report? 21 MR. CARNEY: Just a minute, Doctor, let me 22 just interject here because obviously what's going on here 23 is that Mr. McCrea here as well as earlier is making 24 speeches. I guess he's trying to make a closing argument 25 to the jury during a deposition, which is totally Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009873 improper. I think he's experienced enough to know that it's totally improper. I object and move that it be stricken He has not only made a speech which is in the form of an argument about his case, which -- most of which has no basis in fact. There are all kinds of misstatements in there I'm not going to go through at this point and point out all of your misstatements, because there's so many of them it would take me a long time and it's a waste of time, because we're in a deposition here where we're asking questions of Dr. Kelly. You can make some objections, but these speeches where you're making closing arguments -- of course, you wouldn't be allowed to make this kind of a statement if there were a judge here because he wouldn't permit it, he would cut you off immediately. MR. MCCREA: Tom -- MR. CARNEY: It's totally improper, I ask you to stop it. The deposition will take weeks instead of a day if you continue to make these speeches, but again I'm going to go on and ask the questions and try to find, try to figure out where I am after that speech. MR. MCCREA: Okay, Tom. Would you extend the courtesy to me of writing, sending me a letter and documenting each and every misstatement so that I can then 65 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009874 66 1 reply back to you as to the belief that what I just stated 2 was one hundred percent correct? Would you extend me that 3 courtesy? 4 MR. CARNEY: No, because you made so many 5 statements I'd be spending a lot of time trying to correct 6 you on all the misstatements. I think some of them you 7 probably know about, but if you don't know about them, 8 that's not my problem. If you don't have the information 9 I suggest that you try to find the accurate information, 10 like I have, rather than ask me to do your wok for you. 11 MR. MCCREA: No, Tom, you stated that there 12 were misstatements. 13 MR. CARNEY: Yes. 14 MR. MCCREA: I would like to know after this 15 deposition concludes by way of letter what you feel was a 16 misstatement and that's a simple courtesy, that's not 17 asking too much. 18 MR. CARNEY: It is, because you're making 19 these long speeches. If you will give me the courtesy, if 20 you give me the courtesy of just limiting yourself to 21 objections and not make these long winded speeches which 22 are totally improper I'll list the misstatements. I'll 23 tell you what the misstatements are after this 24 deposition's over; but if you're going to continue to make 25 these speeches I'm not going to do that because I'm not Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009875 67 1 going to spend my time trying tell you what the facts are. 2 That's your job. 3 MR. MCCREA: Tom -- 4 MR. CARNEY: That's your job. 5 MR. MCCREA: Tom, I come from Bloomington, 6 Indiana, I know the situation in Bloomington, Indiana, and 7 you attended the deposition of Dr. Lewallen which you 8 didn't even have recorded. After the deposition, you 9 canceled the transcription of that, for whatever reason of 10 your own. 11 MR. CARNEY: That's another misstatement 12 you've made. I'll point that one out now, that's a 13 misstatement. 14 MR. MCCREA: Do you have a copy of that 15 deposition? 16 MR. CARNEY: I believe I do. I'll have to 17 check my office. We've taken lots of depositions in this 18 case but what you just said was a misstatement. So now 19 you've been told one misstatement. Can we go on with this 20 deposition? What's happened in another deposition has 21 nothing to do with this deposition. 22 MR. MCCREA: You don't think it's 23 significant that Dr. Lewallen did not know there were 24 PCB's in the Bloomington Westinghouse plant until he read 25 about it in the newspapers, and he's in charge of health Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009876 68 1 and safety? 2 MR. CARNEY: What the doctor knew or didn't 3 know is in another deposition. Dr. Kelly doesn't know, he 4 never visited the plant, he doesn't know Dr. Lewallen, I 5 don't think. You can ask him if he knows Dr. Lewallen. 6 You can ask him if he knows those facts; but I don't think 7 it serves any purpose for us to debate here what's in 8 another deposition. Do you see any purpose in it? 9 I just am baffled by your wanting to debate what's 10 in another deposition in this deposition. We can debate 11 these things for hours and hours, but we've got a tape 12 running here. It's expensive, I know -- I don't think any 13 of our clients would want us to sit here and debate 14 something when we're taking a deposition. 15 MR. MCCREA: Well, I'm just a little taken 16 aback by the phrase there are no known adverse problems as 17 a result of workers being exposed to PCB's when in fact at 18 least those in Bloomington didn't even know there were 19 PCB's in the plant. 20 MR. CARNEY: Mr. McCrea, you're making 21 misstatements. 22 MR. MCCREA: They are the parties in this 23 litigation. 24 MR. CARNEY: And you're making misstatements 25 again about what's in the depositions of your plaintiffs, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009877 69 1 about what's in the depositions of Westinghouse employees 2 that have been taken in other cases, about the Bloomington 3 plant, but again we're not here to debate that. 4 Can I go on with this deposition? I'd like to 5 continue with it, and if you continue to do this I'm going 6 to ask the court to issue sanctions against you. I hate 7 to do that, but I'm going to do that if you're going to 8 continue to debate me when I am trying to ask questions. 9 If you have an objection, make it. 10 Q (By Mr. Carney) Dr. Kelly - 11 THE WITNESS: Can I ask the counsel for a 12 little courtesy, too? When Mr. McCrea is going into these 13 prolonged objections he's looking just at me, and I have 14 nothing to do with this. I don't believe I am supposed to 15 answer any of this. So would you direct his expressions 16 and posture towards you so I know I am not involved in 17 this particular legal discussion. 18 MR. MCCREA: Dr. Kelly, I totally agree with 19 that, and that's a good suggestion. 20 THE WITNESS: Good. 21 MR. CARNEY: I think hopefully we can 22 minimize our debate. 23 MR. MCCREA: It's just a little more 24 difficult for me, right angle. 25 THE WITNESS: I don't mind being on the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009878 70 1 sidelines. 2 Q (By Mr. Carney) Dr. Kelly, you mentioned 3 probably about five minutes ago in your last answer that 4 there were some acute problems with exposure to PCB's, and 5 you mentioned one of them being chemical hepatitis, what 6 does acute mean, acute problem? 7 A Happening over a short period of time. In 8 other words if you have food poisoning from bad oysters 9 and you're sick to your stomach and have diarrhea, that's 10 an acute episode. 11 Q It's not a long lasting? 12 A No. If you have an amoebic infestation or 13 something like that which can last over months that's 14 chronic. 15 Q When you said if you had exposure to PCB's 16 you can have an acute problem of chemical hepatitis, does 17 that mean if you take away the exposure, the chemical 18 hepatitis would go away. 19 MR. MCCREA: Objection. 20 A If the exposure is big enough, yes, it could 21 go away. If you have a massive exposure that can stay in 22 there a long time you can have very serious results, you 23 can result in a fatality, but that has not occurred. 24 Q (By Mr. Carney) When you say massive 25 exposure what do you mean? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009879 71 1 A Ten to twenty times the allowable 2 concentration for a period of X number of hours, I don't 3 know how many hours, because it hasn't occurred, but large 4 exposures that I don't believe I can define the word 5 large, because I don't know what they were, but I think 6 anybody in manufacturing and medicine knows the difference 7 between large and small exposures. 8 MR. MCCREA: Tom, excuse me. Again I'm 9 going to object for the record when Dr. Kelly says it 10 hasn't occurred I presume by that testimony he's including 11 all plants which use PCB's. There's been no foundation in 12 this deposition as to which plants had monitoring plants 13 for their workers, what those monitoring systems were, who 14 carried it out and the data provided, it is, to use a 15 phrase, a pig in a poke, therefore without the foundation 16 we can't get to the conclusion. 17 Q (By Mr. Carney) Doctor, are there other 18 products that are in common every day usage that can be 19 fatal if they're massive exposure? 20 A Oh, yes. 21 Q Give me some examples. 22 A Detergent, lyes, chlorine compounds for 23 swimming pools, paint, turpentine. 24 Q Dr. Kelly, I'd like to hand you some 25 exhibits, Exhibits K-l through K-5 and ask you if you can Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009880 72 1 identify those documents for the record. Can you identify 2 these documents? 3 A Yes. You want me to identify them separately 4 and serially. I'll stop at the end of each one. 5 Q Why don't you just briefly identify the date 6 and author and title and then we'll ask some specific 7 questions? 8 A Okay. K-l is something published in 1931 9 probably. It was received for publication December the 10 15th, so it was published probably six months later by Dr. 11 Smith, Henry Field Smith, who was Assistant Professor of 12 Industrial Hygiene at the University of Pennsylvania, the 13 toxicity of benzenes and certain related compounds. 14 K-2 is a paper that was written at the meeting of 15 the American Dermatological Society in 1935. Eventually 16 it was published some place, in the Archives of 17 Dermatology and Syphilology. The title is An Acneform 18 Dermatergosis. That's a word that certainly hasn't been 19 used in the last fifty years. It's by Jones and Alden, it 20 refers to a series of chloracne cases. 21 Q Is that the Anniston, Alabama acne outbreak? 22 A Yes, that is. 23 Q The next paper is the Symposium on Certain 24 Chlorinated Hydrocarbons, by Dr. Drinker of Harvard, 25 published in the Journal of Industrial Hygiene and Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009881 73 1 Toxicology in September, 1937. It -- the first paper 2 dealt with the possible systemic effects from certain 3 chlorinated hydrocarbons. Then the second paper was 4 the -5 Q The second paper is Exhibit K-4? 6 A No. The second in this series was 7 demonstration of the laboratory methods for ventilation, 8 et cetera. The third was a paper in the microscopic 9 lesions, all in this symposium. That's all in K-3. 10 Okay, K-4, I guess the K-4 really deals with -- I'm 11 sorry, K-4 deals with microscopic lesions of animals that 12 were exposed to various chlorinated hydrocarbons by Dr. 13 Drinker's group at Harvard. That appeared in the February 14 of 1938 issue of the same journal. I can't be sure 15 whether they appeared the same month or not. 16 Q That's okay. I don't think that's important. 17 A This was a year later, this one, and the last 18 one is this paper. 19 Q That's K-l? 20 A K-5 . 21 Q I'm sorry, Exhibit K-5? 22 A K-5. FurtherObservations on the Possible 23 Systemic Effects of Certain of the Chlorinated 24 Hydrocarbons with Suggestions for Permissible 25 Concentrations of the Air in Workrooms, by Dr. Drinker of Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009882 74 1 Harvard which appeared in May of 1970 in the Journal of 2 Industrial Hygiene and Toxicology. 3 MR. MCCREA: Thirty? 4 A '39, I'm sorry. 5 Q (By Mr. Carney) Doctor I'm going to ask you 6 some specific questions about the article, but let me just 7 ask you some individual ones about the articles K-l 8 through K-5. Did you personally review those five 9 articles sometime during the period of January 1936 up 10 until you left for the Army in 1942? 11 A Yes, I did. 12 Q Were these articles published in a way that 13 they could be readily available to other people looking 14 into these matters? 15 A Well, anybody interested in the Journal of 16 Industrial Hygiene is certainly used by -- it's present in 17 the all the medical school libraries, it's present in the 18 large medical society, large society libraries, it may not 19 be in hospital libraries. It's not a journal that is seen 20 by family physicians, but anybody in the occupational 21 medical field would certainly have read this journal while 22 it was being published. 23 Q Let's look at Exhibit K-l. 24 A Yes. 25 Q K-l is the Smith article in 1931. What did Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009883 75 1 you in your capacity as Monsanto's medical director learn 2 from your review of this article by Professor Smith? 3 A Well, it was a description of a toxicological 4 properties from an acute point of view of probably fifteen 5 to twenty or twenty-five various compounds. Of those five 6 compounds one was diphenyl and four were chlorinated 7 diphenyl. 8 Q Of the five compounds that Dr. Smith studied, 9 which was the least toxic? 10 A Well, four of them fell into the -- about 11 five of them fell into the group that he called four plus, 12 that meant it was somewhat -- acute toxicity was over four 13 grams, four grams per kilogram of body weight. Do you 14 want me to read the -15 Q No, did he -- I think you said didn't you, 16 Doctor, that he examined five different compounds; is that 17 right? 18 A No, twenty-five. 19 Q Twenty-five different compounds? 20 A That's right. 21 Q Did he indicate which of the -- Was one of 22 the compounds PCB's? 23 A Yes. 24 Q Did he indicate which of the compounds was 25 the least toxic of the twenty-five that he studied? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009884 76 1 A Well, they -- three -- two of the PCB's fell 2 into the least toxic group, he had three or four others in 3 there and it was very -- fell into that, what he called 4 was four grams up, but he listed -- 5 Q Well, let me ask it this way, Doctor: 6 Without having, unless you need to, to read the entire 7 article, did you learn anything about the toxicity of the 8 PCB's when you read that article back in 19 -- in the 9 early 1930 ' s? 10 A Well, yes. I learned what he found out and 11 also it buttressed my opinion when he stated that two 12 polychlorinated diphenyls, the definite compositions of 13 which were undefined proved non-toxic at doses of four 14 grams per kilogram. 15 Q What does non-toxic mean? 16 A On the basis of his test they were not 17 harmful. 18 Q Okay. 19 A And then he had two otherderivatives, two 20 other compounds that proved slightly toxic and that's what 21 I learned. 22 Q And did this change your opinion about 23 whether PCB's were harmful in the workplace? 24 A No, as I said they supported my opinion. 25 Q And what is that? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009885 77 1 A That as far as an industrial compound it was 2 not a particularly toxic compound. 3 Q And did Professor Smith in his article 4 suggest any safe handling precautions towards the end of 5 his article? I think he addresses that on page 6 ninety-five. 7 A Well, he stated, if I may quote this, "With 8 most of these preparations the toxicity was rather low. 9 There is very little danger of accidental poisoning in 10 industry with any material having a minimum lethal dose of 11 over .25 grams per kilogram or 17.5 grams for a man 12 weighing 270 kilo's. A kilo is a two and a half pounds. 13 But hen he goes on to say, he says, "It should be 14 emphasized these toxicities as here reported referred only 15 to the administration of solids and liquids by mouth." So 16 he said that it should be borne in mind that vapor 17 inhalation should also be considered. "These results do 18 not necessarily represent the hazards of industrial 19 exposure to vapors or to skin exposure." But that in 1930 20 was the common way of testing compounds was by oral 21 administration, taking it by mouth. 22 Q Take a look at Exhibit K-2, that's the 23 article by Dr. Jones. What did you learn about -- What 24 did you learn when you reviewed that article back in the 25 early time when you were at Monsanto in the thirties? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009886 78 1 A Well, it was very interesting because he gave 2 details of the whole problem and operation and what he 3 thought the cause of the material -- of the problem was. 4 Q What are you talking about, a problem where, 5 what? 6 A What gave these people the chloracne. 7 Q For the jury, though, would you tell the jury 8 what problem you're talking about, what plant? 9 A The plant had these cases of chloracne. 10 Q And where was the plant located? 11 A Anniston, Alabama. 12 Q Was that the plant that was owned be Swann 13 Chemical? 14 A That's correct, that was eventually bought by 15 Monsanto. These sixteen cases were sent to Dr. Jones in 16 Atlanta. Dr. Jones treated them all and he gave details 17 of their work history. In one particular case, he gave 18 details of work history. Then he went to talk about -19 Q How many workers were there that he 20 examined -21 A Sixteen. 22 Q -- that had the chloracne at the Anniston 23 plant? 24 A Sixteen. I'm sorry. Sorry to interrupt you. 25 Sixteen, evaluate, that's all he reported on, presumably. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009887 79 1 Presumably he did not see anymore, but he may have; but he 2 reported on sixteen. 3 Q And did -- out of that sixteen did some of 4 them have very mild chloracne? 5 A It would appear so because he treated -- in 6 those days they treated this chloracne by serious cases by 7 X-ray treatment and some they treated by cutting into -8 Q How many, how many did have a very mild 9 chloracne out of the sixteen? 10 A One, two, three, four, five, six, seven, 11 eight, nine. 12 MR. MCCREA: Dr. Kelly, what page are you 13 referring to, is that 1025? 14 THE WITNESS: 1025. 15 A Under special treatment he lists x-ray 16 treatment and incision and training, which means cutting 17 into the hair follicle, which looks like a boil, and had 18 pus in it so he had to drain it. 19 Q (By Mr. Carney) Doctor, I think we're 20 running out of tape so why don't we take a brief break and 21 we'll pick up? 22 (Whereupon, a short break was taken.) 23 Q Doctor, did you ever discuss the subject of 24 chloracne with the plant physician in East St. Louis and 25 Anniston, Alabama that manufactured PCB's? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009888 80 1 A Yes, repeatedly. 2 Q What did you discuss with them? 3 MR. MCCREA: Objection, hearsay. 4 A I discussed the occurrence of the chloracne 5 in the previous management at Anniston, I discussed the 6 possibility of any people getting chloracne in our PCB 7 operations and I instructed them to let me know if any PCB 8 workers developed chloracne. This was in Anniston. We 9 were very sensitive to PCB's -- to chloracne, as you can 10 imagine. At East St. Louis we had chloracne from various 11 chlorinated compounds and I asked them specifically about 12 PCB, occasion chloracne. 13 Q Did you get any reports from the plant 14 physicians at Anniston or in East St. Louis where PCB's 15 were manufactured by Monsanto about chloracne outbreaks? 16 MR. MCCREA: Objection, hearsay. 17 A I received no positive reports. They were 18 all negative. When I would talk to the people, visited 19 the plants they would tell me they had no chloracne, the 20 PCB workers. 21 Q (By Mr. Carney) Getting back to the Exhibit 22 K-2, that's Dr. Jones' article about the chloracne in the 23 Anniston, Alabama plant, after Monsanto bought the 24 Anniston, Alabama plant from Swann Chemical did you see 25 any of those workers that had been the subject of Dr. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009889 81 1 Jones' article? 2 A Yes, I did. 3 Q And did any of them at the time you saw them 4 have active chloracne? 5 A No, they did not even have residual 6 chloracne. In fact, I saw them at the work place and 7 talked to them about it. 8 Q Did they indicate any problems with chloracne 9 after that outbreak before Monsanto bought the plant? 10 A No, they did not. 11 Q Dr. Kelly, have you seen workers - 12 MR. MCCREA: Just a second. To that last 13 question I'm going to object as hearsay. 14 Q (By Mr. Carney) Dr. Kelly, have you seen 15 workers actually involved in the manufacturing of PCB's? 16 A Oh, yes, repeatedly. 17 Q With regard to the chloracne outbreak at the 18 Anniston plant before Monsanto bought it, are you aware of 19 what the cause was of the chloracne outbreak? 20 MR. MCCREA: Objection, no foundation. 21 A Yes, I am. 22 Q (By Mr. Carney) And what was that cause? 23 MR. MCCREA: Same objection. 24 A The cause was two-fold, the major cause was 25 they were using an off-spec, off-specification benzene, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009890 1 which is the ingredient of the diphenyl. This contained 82 2 contaminants that when chlorinated caused the PCB to be an 3 off color. It was the color was different, the dielectric 4 constant of the material was different and that was the 5 main reason because when they changed the benzene supplier 6 back to previous supplier they had no more cases. In 7 addition there was -- 8 Q No more cases of chloracne? 9 A Chloracne. In addition there was rather 10 gross, poor housekeeping in the plant and they 11 straightened that up, cut down the inhalation of fuels and 12 that took care of it. So there was two things that 13 occurred, but the major factor was the off-spec benzene. 14 Q And after the Anniston plant no longer used 15 the off-spec benzene and they had better housekeeping did 16 they have any further chloracne problem in the Anniston 17 plant? 18 A They did not. 19 Q When you say this off-spec benzene, the 20 benzene was a component of PCB's? 21 A You take benzene and you run it into a vat, 22 which is a big large closed kettle filled with molten lead 23 and there the benzene turns into diphenyl, which is two 24 benzene rings brought together, which is diphenyl, and if 25 you have contaminants in the benzene well then this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009891 83 1 material then goes and it's chlorinated to make the 2 polychlorinated biphenyl, which is PCB. 3 If you have contaminants in the benzene, you 4 chlorinate it and you get a chlorinated contaminant which 5 Dr. Jones states in his article that he believed was a 6 chlorinated styrene compound which was he believed the 7 active factor in these cases. 8 Q So in his article Dr. Jones indicates that it 9 was this off-spec benzene that caused the chloracne 10 outbreak? 11 A It caused -- the chlorination of the 12 contaminates in the off-spec benzene caused a compound 13 which Dr. Jones believed was causing the chloracne. 14 Q So just because it gets kind of complicated 15 for layman like myself who are not chemists and doctors 16 for the jury what we're talking about when we talk about 17 benzene is a component of the PCB? 18 A Yes, it's a building block. 19 Q And that component was off-spec, what do you 20 mean by off-spec? 21 A Off specifications. It wasn't pure benzene 22 like they were using before or they went back to after 23 using this one, after using several batches of it. 24 Q It was in layman's language poor quality 25 benzene? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009892 A Yes, it was in layman's poor quality. Q When did you first read this article, Exhibit K-2 which is the Dr. Jones article about the Anniston outbreak of chloracne? A Sometime in 1936 after -- I don't know whether it was the first part of '36 or the last part of '36. Q Did Dr. Jones in his article which is Exhibit K-2 suggest any safe handling precautions for the use of PCB's? A I'm sure he does, but let me look. Q I think -- A He stated - MR. MCCREA: Can you give us a page, sir? THE WITNESS: Beg your pardon? MR. MCCREA: Can you reference the page? THE WITNESS: Yes. 1030. A It was stated in the article that in the beginning an attempt at prevention of the condition was made by being especially careful of all men engaged in the manufacturing of chlorinated diphenyl, which is a PCB, should have a thorough bath after working hours and they should wear freshly laundered clothing before starting work. Then following the change in the type of benzene 84 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009893 85 1 used and the employment of enclosed distilling apparatus 2 and ventilation fans there was noted a gradual improvement 3 in the acneform. Let's see what else he said. 4 Q (By Mr. Carney) Again, I'm just talking 5 about the safe handling procedures. Was there anything 6 else on that subject? 7 A Well, unless I go over this -8 Q I don't think I -- I don't recall anything, 9 but feel free to - 10 A I didn't think he mentioned anything else. 11 Q Okay, I don't -- I note that in the Jones, in 12 Exhibit K-2 they don't reference the Swann Chemical 13 Company by name. Are you certain that this article is 14 about that Swann Anniston chloracne? 15 A Oh, I'm certain, yes, indeed. 16 Q You mentioned earlier in your testimony that 17 you attended a seminar or a symposium in June of 1937 18 presented by a Dr. Drinker? 19 A Yes, I did. 20 Q And that was atHarvard? 21 A That's correct. 22 Q And I believe there were three exhibits that 23 relate to that symposium, Exhibits K-3, K-4, and K-5, is 24 that correct? 25 A That's correct. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009894 86 1 Q Did you read all of those articles at or 2 about the time they were published? 3 A Yes, I did. 4 Q What type of tests did Dr. Drinker perform, 5 that he reported in his articles? 6 A Her performed oral feeding - 7 MR. MCCREA: Dr. Kelly, if you could, if 8 you're making a reference to a document, could you give us 9 the - 10 THE WITNESS: Page? 11 MR. MCCREA: Yes, the document exhibit 12 number and the page. 13 A He carried out inhalation experience -- it 14 was page -- experiments. 15 Q (By Mr. Carney) What are inhalation 16 experiments? 17 A You breathe the stuff, you put an animal in 18 the cage and put the material in there in a vapor form, 19 you do that by heating up the material outside the cage 20 and blowing it in. 21 Q Did he also perform experiments? 22 A Yes, I am getting to that. This is page 289, 23 inhalation, then he gets the results of that on page 291. 24 MR. MCCREA: Which exhibit? 25 A 291, the results were 291. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009895 87 1 Q (By Mr. Carney) K-3, Exhibit K-3? 2 A K-3. Then he fed rats, that's on page 293. 3 And then he did some subcutaneous, that means inject the 4 material under the skin, that was on page 298. 5 Q Thank you, Doctor. What is the significance 6 of these three articles, Exhibits K-3, K-4 and K-5 that 7 Dr. Drinker authored with regard to PCB's? 8 A Well, in the first place he didn't use a PCB. 9 He used what he called a PCB, so as far as the 10 significance, he did not use as he explained later in a 11 subsequent paper he did not use any PCB's. 12 Q Which of the exhibits did he explain later 13 that it turned out he didn't use PCB's? 14 A K-5 . 15 Q And what does K-5 indicate with regard to 16 what Dr. Drinker thought he was using in K-3 and K-4, in 17 his earlier tests? 18 A Well, this is on page 158 in K-3. 19 Q And what did he indicate there? 20 A Well, he indicated -- I think I better read 21 it. The six compounds had been listed previously as 22 chlorinated diphenyl -- that is a PCB, chlorinated to 65 23 percent. It contains 65 percent of chlorine and proved 24 very destructive to the liver. Later experiments with 25 compound 13, which contained 68 percent of chlorine and Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009896 CO CO 1 which was also labeled chlorinated diphenyl or PCB was a 2 surprise to us since the second compound was almost 3 non-toxic. 4 Q So when he's talking about the second 5 compound, it is in fact a PCB? 6 A That's an honest to goodness PCB. 7 Q And what did he say about that again? 8 A It's a surprise to us the second compound was 9 almost non-toxic. 10 Q So he's saying the PCB was non-toxic? 11 A Almost, he said. 12 Q Okay, I'm sorry. 13 A On inquiry it was found that substance 6, 14 that was the one that he done before that he had labeled 15 as a PCB was in reality a mixture of chlorinated diphenyl 16 and chlorinated diphenyl benzene, so that's -17 Q So what he thought in Exhibit K-3 and K-4 was 18 a PCB, he's saying now what? 19 A It was not. It was a chlorinated diphenyl 20 benzene, which is a terphenyl. 21 Q Is that a PCB? 22 A No. 23 Q So he's saying what he thought was a PCB? 24 A Was not a PCB. 25 Q And what you're reading from so the record is Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009897 89 1 clear is Exhibit K-5? 2 A K-5, and I'm reading page 158. 3 Q Did the first two articles, Exhibits K-3 and 4 K-4, did they address a substance called chlorinated 5 naphthalenes ? 6 A Oh, yes, several substances, all called 7 chlorinated naphthalene. 8 Q And are those PCB's? 9 A No, chlorinated naphthalene is not a PCB. 10 Q Did you ever discuss with Dr. Drinker this 11 error where he originally thought he was testing some 12 PCB's in Exhibits K-3 and K-4 and later found out it was 13 not PCB? 14 MR. MCCREA: Objection, hearsay. We have no 15 way to cross-examine Dr. Dinker. 16 A I discussed it with him before he ran his 17 last experiments. In fact, I told him when he explained 18 his results, I said, "This is a surprise to us. First of 19 all I don't know if we've ever sent you any PCB's," and he 20 said, "Well, I got them from Halowax," and I said, "Well, 21 I'll send you some PCB's right off the production line at 22 Anniston." 23 Q And did you do that? 24 A Oh, yes. 25 Q All right. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009898 90 1 A And so I discussed with him both before and 2 after his experiments and he told me, "Well, I guess we 3 were wrong." We finally got it in print and made it 4 correct. 5 Q And the PCB's that you sent him off of the 6 production lines at Monsanto, was that the PCB's that he 7 found almost non-toxic, if you know? 8 MR. MCCREA: Objection. This witness can 9 testify as to firsthand observation, but this question 10 invites hearsay upon hearsay. There is no indication that 11 Dr. Kelly was there, knew the procedures, followed the 12 protocol. It's just wildly speculative. 13 A The material I had sent Dr. Drinker was the 14 material he used in his -- in the experiments that he 15 reported on in his paper of May 1939. I had it sent from 16 Anniston, that was the only PCB he got. Monsanto was the 17 only manufacturer of the material in the United States and 18 Dr. Drinker told me that he used the Monsanto PCB, 1268. 19 Q (By Mr. Carney) Dr. Kelly, did Dr. Drinker 20 or anyone else attending the June 1937 symposium at 21 Harvard suggest any safety precautions for workers 22 involved with PCB's? 23 MR. MCCREA: Objection, hearsay. I assume 24 we're talking about something verbal, not as opposed to 25 something in a written report. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009899 91 1 Q (By Mr. Carney) You want me to restate the 2 question? 3 A No. There's a -- Yes, they certainly 4 discussed safety precautions and they also discussed it, 5 remarks were put down in the discussion following the 6 symposium which was published. 7 Q So some of the remarks were recorded and are 8 you looking at exhibit -- What exhibit are you now looking 9 at? 10 A Well, I am looking at K-3, page 300 in which 11 he talks, "We're dealing with toxic substances, but we're 12 dealing with toxic substances every day in industry," this 13 is page 300, by Dr. Drinker, "every day in industry, 14 harmful substances, hazardous substances, these can be 15 controlled it is well-known no matter what they are, and 16 we can use them--" oh, this is Sayers, not Dr. Drinker. 17 This is Dr. Sayers from the -- Chief of Industrial 18 Hygiene, United States Public Health Services. So he was 19 the one that discussed safe handling of it. 20 Q So was there any consensus of opinion - 21 Well, let me ask you this, Doctor: Were there 22 occupational specialists who attended the Dr. Drinker's 23 symposium in 1937? 24 A Oh, almost everybody in the Northeast, I'll 25 go down--We'll start with Dr. Drinker, of course, who was Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009900 92 1 well-known, and the next man was Dr. F. von Oettingen. 2 He was the director of the Haskell Laboratory of 3 Industrial Toxicology. He was also a consultant for 4 Westinghouse Electric, and we have Dr. Sayers who was the 5 Chief, Division of Industrial Hygiene of the National 6 Institute of Health, of the Public Health Service, and Dr. 7 Gray, who was the director of the Bureau of Occupational 8 Diseases -- these are all page 30--300 and 301, et 9 cetera. Dr. Gray from Connecticut, Bowditch, Manfred 10 Bowditch, Division of Occupational Hygiene of 11 Massachusetts. One of the manufacturing people from 12 General Electric -13 Q Who was that? 14 A A person by the name of Kaimer, assistant to 15 the manager at York Wire Works, General Electric Company. 16 MR. MCCREA: Doctor, can you give us that 17 page, please? 18 THE WITNESS: That's page 303. I haven't 19 finished yet. 20 Q (By Mr. Carney) I don't know that you need 21 to -- 22 A We got Dr. Schwartz, the head of Dermatology, 23 United States Public Health Service. Warren Cook, chief 24 of industrial hygienists of Connecticut, everybody from 25 the East, Corey Elkins, Division of Occupational Health, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009901 93 1 Massachusetts, all the government people from the 2 Northeast were there. 3 Q Was there any consensus at that symposium 4 among all these experts about safe handling of substances 5 like PCB's? 6 A And chlorinated naphthalenes? 7 Q Yes. 8 A Yes. That they could be used safely in 9 industry as long as safe handling procedures were carried 10 out. 11 Q Was there any discussion about what safe 12 handling procedures would be advisable? 13 A Yes, use adequate ventilation, do not breathe 14 the fumes at an elevated temperature and avoid repeated or 15 prolonged skin contact. 16 Q During the time of your employment with 17 Monsanto were the workers in the PCB manufacturing 18 departments at Anniston and in East St. Louis -- Strike 19 that. Did any of the workers at Anniston, Alabama or East 20 St. Louis where PCB's were manufactured by Monsanto ever 21 demonstrate any ill health effects related to their work 22 with PCB's? 23 MR. MCCREA: Same objection as stated 24 earlier in condensed form, no established protocol, no 25 records, no data, no ability to cross-examine the witness Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009902 94 1 as to the answers. 2 A Question again, please? 3 Q (By Mr. Carney) Did any of the workers at 4 Anniston, Alabama or East St. Louis, Illinois that were 5 involved with the manufacturer of PCB's for Monsanto 6 demonstrate any ill effects related to their work with 7 PCB's? 8 A No, they did not. 9 MR. MCCREA: Further object, excuse me, 10 Doctor, on the basis of hearsay. It's a question that 11 elicits the potential communications from the worker to a 12 doctor. We have no idea as to the protocol used by 13 Monsanto, as to whether it was valid and designed to in 14 fact elicit the signs and symptoms attributable to 15 exposure to PCB's. 16 Q (By Mr. Carney) Doctor, I'm not sure I asked 17 you this. You mentioned a Dr. Vosburgh, do you know 18 whether he attended this symposium at Harvard in 1937? 19 A He was a medical director of General 20 Electric. 21 Q Was there any management from General 22 Electric that were at the seminar to your knowledge? 23 A This person Kaimer is one, on page 303, he 24 was assistant to the manager of the York Wire Works, of 25 General Electric. You must remember, Mr. Carney, that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009903 95 1 these problems occurred in wire pulling; in other words, 2 people impregnated the wire, workers impregnated the wire 3 that was used in electric installations. 4 You're not old enough to remember when you would 5 pull an extension card before vinyl or rubber was used, 6 and you get brown stuff on your hands, and impregnated 7 this fiber or cloth or asbestos with chlorinated 8 naphthalenes and a small amount of chlorinated diphenyl 9 benzene, no PCB's, and that's where these people got their 10 problems. So, the York Wire Works of General Electric in 11 York, Pennsylvania is where they had the problems. 12 MR. MCCREA: Excuse me, Doctor. That I 13 assume, what you just stated is in the report, is that 14 correct? 15 THE WITNESS: I can't hear you. 16 MR. MCCREA: What you stated is in the 17 report? 18 MR. CARNEY: Just a minute. Again, don't 19 answer that at this time. I'm going to ask the questions 20 during my exam. If you want to ask questions you're going 21 to have to wait until I finish. We'll have to have some 22 order on that. 23 MR. MCCREA: I agree, but I'm objecting to 24 the answer as being hearsay unless it is written in the 25 report. I don't know; so my objection stands as hearsay Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009904 96 1 at this point. It very well could be in the report. 2 THE WITNESS: You're supposed to look at him 3 not me. 4 MR. MCCREA: It's hard to do. 5 Q (By Mr. Carney) Did chloracne or any other 6 type of -- Strike that. Did chloracne occur in any of the 7 PCB workers at Anniston, Alabama or at East St. Louis, 8 Illinois during the time of your employer at Monsanto? 9 MR. MCCREA: Improper foundation, calls for 10 hearsay. There is no data, no study, no protocol, no 11 indication that the workers were even advised that they 12 are working with PCB's. Simply an impossible situation 13 for plaintiffs to confront by way of cross-examination. 14 MR. CARNEY: Well, I disagree with that. I 15 think he's testified he visited the plants on an annual 16 basis, he talked to the plant physicians and told them to 17 instruct him as the head of the medical department at 18 Monsanto if there was any chloracne in any of the PCB 19 workers. They were very sensitive to chloracne because of 20 the prior outbreak at Anniston before Monsanto bought the 21 Anniston, Alabama plant. So I think he's qualified and 22 there has been a foundation laid for him to answer that 23 question. 24 MR. MCCREA: Tom, my objection is he may be 25 qualified, the people at the plant may not be qualified. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009905 1 We don't know their qualifications. We don't know what 97 2 they understood to be chloracne. We don't know the 3 protocol. It's hearsay upon hearsay. This man is far 4 removed from the workers in the plant at Anniston and in 5 the plant at East St. Louis or Sauget, Illinois and there 6 just is not proper foundation information for him to 7 answer. 8 He may answer as to what he saw. He may answer as 9 to what he observed. Beyond that we're into a very - 10 into an area of hearsay and speculation. Impossible, 11 impossible for us to cross-examine this witness. 12 Q (By Mr. Carney) Let me just repeat the 13 question, because I -- it's sometimes difficult to be 14 heard. Did chloracne occur in any of the PCB workers in 15 Anniston, Alabama or East St. Louis, Illinois during the 16 time of your employment at Monsanto? 17 MR. MCCREA: Same objection. 18 A It did not. 19 Q (By Mr. Carney) Was any type of health study 20 ever performed on any of the Monsanto PCB workers above 21 and beyond the periodic physical exams and also your - 22 above and beyond your periodic plant inspections? 23 MR. MCCREA: Are we talking about from 1936 24 to 1974? 25 MR. CARNEY: Yes. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009906 98 1 A Yes. It all depends on what you mean again 2 by health study. I carried out an examination of all the 3 workers in the PCB department at the East St. Louis, 4 Illinois plant. I did that myself, I carried out a 5 medical history -6 Q (By Mr. Carney) Approximately when was that? 7 A I think 1972 I believe. I carried out a 8 medical history and occupational history, work experience 9 history. I did a physical examination on them. I carried 10 out all the battery of clinical tests that were available 11 at that time, and I carried out blood analysis of PCB in 12 these 27, 28 workers. 13 Q And these were the PCB workers in East St. 14 Louis? 15 A Who were working in that plant at that time, 16 yes. 17 Q And when you say you conducted a battery of 18 clinical tests, what was involved in that? 19 A That's the one if you go to a doctor he takes 20 a blood sample and sends it to a laboratory; now he runs 21 twenty-one different tests. In those days it was twelve. 22 He'd run all the the calcium, sodiums, live enzymes, 23 alcohol, esterols, triglycerides, thyroid functions, then 24 he would run complete blood counts. That's what I ran. 25 Q Did you run things like EKG's and x-rays and Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009907 99 1 things like that? 2 A Yes, we did. 3 Q When you say you took a medical history, what 4 do you mean by that? 5 A Well, we asked them what their medical 6 illnesses were in the past, whether they had any 7 particular medical complaints now, when was the last time 8 they saw the doctor, whether they are under any 9 medication, whether they were hospitalized at any time in 10 the recent or not so recent past, whether they had gained 11 weight, whether they had symptoms, whether they'd puffed 12 when they went upstairs, whether they had pains in their 13 joints, the whole battery of things you ask when you get a 14 complete examination by a trained physician. 15 Q What level of PCB's did these employees have 16 in their blood? 17 MR. MCCREA: Objection. Now we have a PCB 18 blood test, the laboratory which did the analysis has not 19 been identified, the protocol for the analysis has not 20 been described, it's simply -- Again, there's simply no 21 way to cross-examine this witness as to the validity of 22 the results and I have never seen a written study, Tom, 23 never seen a written study of this. Do you have one that 24 you can give us? 25 MR. CARNEY: We have some writing, I'm Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009908 getting to it in a minute, I'm just about to get to that Are you finished with your objection? MR. MCCREA: Finished. Q (By Mr. Carney) Do you remember the question? A No, I certainly don't. Q (By Mr. Carney) Oh, I think I asked you about the --- what the PCB blood levels were, what the level of PCB's was in these employees blood that you examined? A Yes . MR. MCCREA: Same objection. A Some were zero, some were -- they varied from zero to a maximum of .5 parts per million. Remember now this was in 1972 and the methods were not as accurate or as they would be in 1980's and today. Q (By Mr. Carney) What is the significance of these blood levels, zero to a high of .5 parts per million. MR. MCCREA: Again, there is no foundation information that Dr. Kelly has developed any expertise as to the significance in levels and he has just stated in fact that they measured this to parts per million when I think everyone would recognize that accuracy is obtained by measuring to parts per billion, so we on the basis that 100 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009909 101 1 the test results are not accurate as he has stated, on the 2 basis that there is no showing that he has an ability to 3 know what levels produced toxic effects, i.e., by 4 comparing to Yusho or Yucheng, Bloomington, Indiana, other 5 areas, we would object. 6 MR. CARNEY: Well, let me just state for the 7 record: The doctor didn't say they were inaccurate, there 8 were as accurate as you could get them at the time. 9 Obviously in 1972 you can't get them as accurate as you 10 might in 1990; but he didn't say they were inaccurate, 11 they just were -- that was the best they could do at that 12 time. 13 MR. MCCREA: I believe you're correct, he 14 stated not as accurate as they are today. 15 Q (By Mr. Carney) What is the significance of 16 these blood levels of PCB's that range from zero to a high 17 of .5 parts per million? 18 A Frankly not a great deal. 19 Q Why is that? 20 A Because at that time we were not sure whether 21 we had a reference background in the people who were not 22 industrially exposed. We did not have levels of people 23 who had chloracne. Here we had a group of individuals who 24 were suffering illnesses and I would say that the only 25 significance was that here are people who have .1, .2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009910 102 1 parts per million of PCB by the 1972 analysis that the 2 that had no evidence of any clinically -- of any clinical 3 illness. 4 MR. MCCREA: Again, I have to interpose the 5 objection. It is hearsay, no reports, we don't know if 6 Dr. Kelly did the clinical evaluations, if somebody else 7 did it, the reliability is just impossible to determine. 8 Q (By Mr. Carney) Did you find any chloracne 9 in these 28 or so PCB workers from East St. Louis, 10 Illinois ? 11 MR. MCCREA: Same objection as to the fact 12 that this is -- that Dr. Kelly, while an internal medicine 13 doctor, is not a dermatologist. 14 A I did not find any chloracne in any of these 15 individuals. 16 Q (By Mr. Carney) Were there any abnormal 17 findings that you found as a result of these exams that 18 you made of these PCB workers in 1972? 19 MR. MCCREA: Same continuing objection, 20 hearsay, impossible to cross-examine as to reliability and 21 validity. 22 A There were no findings that could be 23 associated with PCB exposure. There were the usual cases 24 of conditions of high cholesterol, obesity occasionally, 25 that you would find in the run of the mil 27 people Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009911 103 1 walking down Broadway when you bring them in that age 2 group and examine them. 3 Q (By Mr. Carney) By Broadway you mean not New 4 York Broadway? 5 A Yes. 6 Q Because there are a lot of abnormal, unusual 7 people in Broadway, New York. 8 MR. MCCREA: Now further object, excuse me, 9 Doctor, further object that Dr. Kelly has now voluntarily 10 made himself an epidemiologist as if he knows what the 11 standards are for the general population. There's been no 12 showing that Dr. Kelly knows what the standards are, what 13 the numbers are with respect to the general population. 14 That question is absolutely necessary, as foundation 15 information in order for him to say that this group of 16 workers at Monsanto is the same as the number of people 17 walking down Broadway. We don't know what these numbers 18 are. 19 Q (By Mr. Carney) Doctor, did you provide the 20 results of these physical examinations and laboratory work 21 to anyone? 22 A Yes, I provided it to the plant physician in 23 East St. Louis, I provided it to the individuals 24 themselves during the individual examination and I 25 provided it to some gentleman in the army, I'm sorry, in Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009912 104 1 the United States government. 2 Q Let me hand you, Doctor, what we have marked 3 as Exhibit K-6 and ask you if you can identify that, 4 Doctor? 5 A Yes, I can. 6 Q Would you please? 7 A Yes, this is a letter of mine dated May the 8 10th, 1972 to Dr. J. Clarence Davies the Third, senior 9 staff member, the Council for Environmental Quality, 10 Washington, D.C. he is associated someplace with the 11 government. I do not know which one of the branches the 12 Council of Environmental Quality falls under. 13 Q Was this the letter you referred to in your 14 testimony that you sent to the government official 15 reporting on your examinations of these PCB workers back 16 in 1972? 17 A That is correct. 18 Q And you sent that letter sometime on or about 19 May 10, 1972? 20 A That's correct. 21 Q Were there any subsequent health problems 22 found in these East St. Louis workers? 23 MR. MCCREA: Objection. We are really going 24 from what is required by way of clinical evaluation, what 25 was done in a protocol to a conclusion without any Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009913 foundation information. Q (By Mr. Carney) Let me rephrase the question, or ask a different question really. Taking a look at Exhibit 6, K-6 your letter to the government back on May of 1972, could you read the last sentence of that letter? MR. MCCREA: Same objection. A "In summary I can say that these workers were as healthy as any cross-section of our plant workers of the same age." Q (By Mr. Carney) And again the workers you're talking about in that paragraph were which workers? A The 27 individuals that I examined who were engaged in the manufacturing of PCB in our East St. Louis plant. Q Did the government cooperate? I mean, I'm sorry, did Monsanto cooperate fully with the government with regard to the inquiries they had about the East St Louis plant and the PCB workers in that plant? MR. MCCREA: Objection. There's been no identification of any inquires, that is a conclusion without any data. Q (By Mr. Carney) Well, let me ask the question. Did the government make any inquires about these examinations that you made of the PCB workers in 105 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009914 106 1 East St. Louis in 1972? 2 A Yes, they did. They made inquires about 3 what we knew about the health aspects of these people. At 4 one time they were interested in coming down to the plant 5 to go through the plant. Subsequently somebody from the 6 government went down and I'm sure some of these exhibits 7 that they had gone through the the plant and at that time 8 they were thinking of making an epidemiological survey but 9 they found that the numbers were too small. 10 Q Did Monsanto cooperate fully with the 11 government in this investigation? 12 MR. MCCREA: Again, please, Tom, we don't 13 know who the government people are, what the investigation 14 is, why the investigation was being made, there is no 15 documents, no data, no information. He's asked to state 16 did they fully cooperate; I would imagine that his answer 17 was yes, they fully cooperated. But we don't have the 18 names of the people from the government who were making 19 the investigation. There's just no record of this. 20 MR. CARNEY: I have provided you the exhibit 21 that we have been talking about it, you have been able to 22 look at it as well as me, it's Exhibit K-6, it's a letter 23 with a copy of the test results attached. It's dated May 24 10, 1972, there's the name of the government official, Dr. 25 Clarence Davies the Third, senior staff member, Council Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009915 107 1 for Environmental Quality in Washington, D.C. 2 MR. MCCREA: What I would be interested in 3 is his letter to Monsanto explaining the purpose of the 4 inquiry so that we would have a frame of reference to 5 which we could then address his response. 6 MR. CARNEY: Again, Mr. McCrea, this 7 examination is a lengthy one. If there are other 8 questions that you want to ask you will be free to ask 9 those questions. I'd like to go on with mine and if you 10 have questions you can ask them. 11 MR. MCCREA: I have lots of questions. I'm 12 objecting to this evidence. 13 MR. CARNEY: Well, just make your objection. 14 Don't suggest questions or ask questions. Those I'd save 15 for your examination. 16 MR. MCCREA: Objection, no foundation, 17 hearsay, no data, no letter, no reference, no nothing. 18 Q (By Mr. Carney) Doctor, I'll restate the 19 question - 20 MR. CARNEY: And you can just say same 21 objection so that we can get on with it. 22 Q (By Mr. Carney) Doctor, did Monsanto 23 cooperate fully with the government in their inquiry about 24 the PCB workers in East St. Louis in 1972? 25 MR. MCCREA: Same objection. What inquiry? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009916 108 1 A To the best of my knowledge, yes. 2 Q (By Mr. Carney) During -- Oh, one thing I 3 forgot to ask you. The plant physician that Monsanto had 4 when you joined Monsanto in the Anniston plant where PCB's 5 were manufactured, was he the same plant physician that 6 was done in Anniston during the outbreak when Swann 7 Chemical opened the Anniston plant? 8 A Yes. That was Dr. Martin and he had been 9 there for a period of five to ten years before Monsanto 10 took it over. 11 Q Was he involved at all in the Anniston 12 outbreak of chloracne? 13 A Oh, yes. He was the one that diagnosed them. 14 He was the one that sent them to Jones. 15 Q During all the years that you worked for 16 Monsanto - 17 MR. MCCREA: Excuse me. Again, I think 18 that's interesting, but it's hearsay. 19 Q (By Mr. Carney) During all the years that 20 you worked for Monsanto were you aware of any PCB-related 21 health problem in the Monsanto PCB workers? 22 MR. MCCREA: Same objection, hearsay, no 23 foundation. 24 A I was not. 25 Q (By Mr. Carney) What about -- that chloracne Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009917 outbreak was before? A That was Swann employees. Q To your knowledge has Monsanto ever had a personal injury or a workmen's compensation claim filed against it in relation to PCB's by any employees of Monsanto? MR. MCCREA: Same objection. Hearsay, no data, no information, no showing that he has access to the information, no showing that the workers even knew they were working with PCB's. That's not even been established. A Question again? Q (By Mr. Carney) Okay. To your knowledge has Monsanto ever had a personal injury or workmen's compensation claim by any of its PCB workers against it in relation to the PCB's? A They have not. Q Is that the type of information that would come to your attention as head of the medical department at Monsanto? A As I explained -- the answer is yes. As I explained I received quarterly reports from the insurance company that developed all the data on compensation claims, compensation payments, whether there were payments to the employer or payments to the doctors, that would 109 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009918 110 1 come to my attention. 2 Q Doctor, during your thirty-eight years of 3 employment with Monsanto, did the medical department 4 receive any customer or user complaints of chloracne or 5 other claim of health effects in relation to PCB's? 6 MR. MCCREA: Same objection, hearsay and for 7 the further reason that there is no showing that these 8 workers in industry even knew they were working with 9 PCB's. 10 MR. CARNEY: Well, I think that's contrary to 11 the testimony of your clients who indicate throughout 12 their depositions that they knew they were working with 13 PCB's and they described their working with PCB's in 14 detail in hundreds of pages of testimony. 15 MR. MCCREA: Tom, you are badly mistaken. 16 MR. CARNEY: Well, again, let's not debate 17 that. The facts will be - 18 MR. MCCREA: The fact of the matter was they 19 knew it as Inerteen. They did not know it as PCB and 20 there's not one person you can name that knew he was 21 working with PCB. That's in this litigation. Until this 22 issue surfaced in Bloomington shortly before it was banned 23 by Congress. If you can name them, name them. It's just 24 not accurate. 25 MR. CARNEY: I don't think it serves any Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009919 Ill 1 purpose for us to debate what's in the depositions. 2 Again, I prefer not to debate it here because I think 3 we're just wasting the time of the court reporter and Dr. 4 Kelly. 5 Q (By Mr. Carney) During the thirty-eight 6 years that you were employed by Monsanto did you receive 7 any complaints about any health effects of PCB's from 8 anyone connected with the transformer or capacitor 9 industry? 10 MR. MCCREA: Hearsay. 11 A I did not. 12 Q (By Mr. Carney) And if any of those 13 customers of the Monsanto and transformer and capacitor 14 industry made a complaint about health effects of PCB's on 15 one of their workers would that come to the direction of 16 the medical department? 17 A Yes, it would. 18 Q During the period again of your employment at 19 Monsanto did the medical department receive any customer 20 or user complaints of chloracne or any other health effect 21 in relation to PCB's? 22 MR. MCCREA: Objection, hearsay. 23 A You have to divide that question into two 24 parts. One, I did not receive any complaints about 25 chloracne. I did receive complaints on two occasions -- Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009920 112 1 oh, yes, I did receive one complaint about chloracne from 2 an organization that was a thermometer company in New 3 York. This was of interest to me because it was our first 4 one that we have ever had, in fact the only one of 5 chloracne, so I went up to this plant. 6 Q (By Mr. Carney) When was that approximately, 7 in the fifties or sixties? 8 A Probably early fifties. This was an 9 organization that made thermometers. They made oven 10 thermometers, they had bellows on this thermometer which 11 was a sort of a sack, an impervious sack that had the 12 liquid PCB and the girls would drop their hands in there 13 to fill it up and three or four of them had chloracne, and 14 I said, "Why don't you get some sort of a gimmick that you 15 don't put your hands into the solution," and they did and 16 the chloracne left. They had no -- there was no residual. 17 So that was the only complaint of chloracne that we had 18 from this thermometer company, no transformer, no 19 capacity. 20 Q But you had one complaint of chloracne in 21 thirty-eight years? 22 A Yes. 23 MR. MCCREA: Same objection; one complaint 24 in thirty-eight years, with no foundation. I don't know 25 how much longer we need to pursue this. Why don't you ask Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009921 113 1 him what information he supplied to these people so that 2 they could determine there was chloracne? 3 MR. CARNEY: Well, we'll get to what 4 information Monsanto supplied to the customers a little 5 later. I can't cover everything at one time. I can only 6 ask one question at a time. 7 MR. MCCREA: Well, you've got your cart in 8 front of the horse. 9 Q (By Mr. Carney) Go ahead. 10 A Now the second part of that question was were 11 there any complaints. I don't want to use the words 12 complaints, reports about possible health effects, on two 13 occasions -14 Q Regarding PCB's? 15 A PCB's, on two occasions - 16 MR. MCCREA: Same objection, correct. 17 MR. CARNEY: Okay. 18 A On two occasions there were this discussion 19 between me and a doctor for one of the -- who had examined 20 one of the companies that had used PCB's in a heat 21 transfer agent as a heat transfer system. It was a 22 temporary one and had quite a number of leaks in it and he 23 had these people that worked there in spite of the leaks 24 and they had a chemical hepatitis which was prominent and 25 the jaundice developed. Obviously they removed a few Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009922 114 1 people as soon as they saw this jaundice and then they 2 afterwards subsequently these people recovered. 3 Q By removed the people what do you mean? 4 A Got them out of the work place. 5 Q Got them out of the exposure to PCB's? 6 A Exposure, till they fixed the matter up, till 7 they fixed the leaks of this jury rigged temporary heat 8 transfer outfit. The other was the Crown Chemical Company 9 in New York, I guess that was in the sixties, I'm not 10 sure. They had several people who were in the same sort 11 of a heat transfer arrangement. I don't know whether it 12 was a permanent or temporary one, but they complained 13 about nausea and gastric, stomach problems and I suggested 14 to the plant management that this very likely could have 15 been beginning with chemical hepatitis and you should 16 watch out for jaundice. They called me a week or so 17 later, and said, "Yeah, you were right, we've got 18 jaundice, " and I said, "Keep them away from any exposure 19 and have their doctor treat them with the usual thing you 20 do for a liver problem and let me know how they got 21 along," and I checked them and a month later and they were 22 fine, they got well. Those are the cases I had. 23 MR. MCCREA: Same continuing objection, 24 correct, hearsay. 25 Q (By Mr. Carney) So during the thirty-eight Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009923 115 1 years of your employment at Monsanto you're aware of those 2 three complaints regarding adverse effects of PCB's in 3 customers, workers? 4 A That's correct. I know those three 5 definitely. It seemed to me I could have forgotten one or 6 two; but I know they weren't any more than I could count 7 on the fingers of one hand. 8 Q All of these complaints, I think you used the 9 word - 10 A Reports. 11 Q -- reports, you said there were no residual, 12 what do you mean by residual? 13 A That means they got well. 14 MR. MCCREA: Same objection. He couldn't 15 know what happened unless somebody reported, that's 16 hearsay. 17 Q (By Mr. Carney) Did the people report there 18 were no residual problems? 19 MR. MCCREA: Just a second, Doctor, I think 20 I have to object every time otherwise I waive my 21 objection. Same objection, hearsay, no testimony that he 22 saw any of these individuals or treated them or has any 23 records. 24 A Please repeat the question. 25 Q (By Mr. Carney) Was it reported back to you Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009924 116 1 that these people that had these three reports of adverse 2 health problems with PCB's, was it reported back to you 3 whether they recovered or not? 4 A Yes, it was that they had recovered. 5 Q Had you ever received any reports or 6 complaints from customers involving any fatalities or 7 claims of serious long term health effects from PCB's by 8 the workers of those customers? 9 MR. MCCREA: Same objection, hearsay. 10 A I have not. 11 Q (By Mr. Carney) Did you ever receive any 12 complaints from Westinghouse that any of its workers had 13 any health problems associated with PCB's by its workers? 14 MR. MCCREA: Same objection, hearsay. 15 A I have not. 16 MR. CARNEY: I got the report that we're 17 about to run out of tape so we'll take a brief pause to 18 change tapes. 19 (Whereupon, a short break was taken.) 20 Q (By Mr. Carney) Doctor, earlier in your 21 testimony you indicated you reviewed the literature 22 particularly about products that Monsanto made, how long 23 did that practice continue? 24 A Well, I wouldn't have limited to just to the 25 products being made, I reviewed any -- certainly I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009925 1 reviewed the literature that referred to any of our raw 117 2 materials and as a person interested in occupational 3 medicine if there are any significant articles about any 4 chemicals I reviewed them and that lasted as long as I was 5 associated with Monsanto in 1974 and I continued to do so 6 although not having a librarian I may not do it as 7 extensively as I did in 1974. 8 Q Are you aware of any reported cases of ill 9 effects from PCB's in the medical and scientific 10 literature other than the -- we talked about the Dr. Jones 11 report of the Anniston chloracne outbreak? 12 A Will you repeat that? I want to be precise 13 on this. 14 Q Are you aware of any reported cases of ill 15 effects from PCB's in the medical or scientific 16 literature ? 17 A You mean in workers or on people or on 18 animals. 19 Q In workers? 20 A In workers there have been cases of chloracne 21 reported. 22 Q How many times has that been recorded in the 23 literature ? 24 A Two or three I believe, depending on -- Some 25 of it is in England, in the English literature, probably Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009926 118 1 two or three. 2 Q Dr. Kelly, at the time of your retirement 3 from Monsanto in December of 1974 what was your opinion as 4 to a reasonable degree of medical certainty concerning the 5 toxicity of PCB's in relation to human health? 6 MR. MCCREA: Again, there's been no 7 foundation information upon which Dr. Kelly can predicate 8 this opinion. We have entirely skipped over the poisoning 9 in Yusho which was in 1968 and everyone knows involved 10 PCB's and furans, so -- and there has been no data 11 presented. Dr. Kelly, who's a medical doctor in internal 12 medicine, a specialist, has not given us one page of data 13 based upon examination of a person with industrial 14 exposure or environmental exposure to polychlorinated 15 biphenyls. 16 So what we have is opinion based upon information 17 from sources unknown, in places unknown and protocols 18 unknown and some articles. It's simply not -- There is 19 simply not a proper foundation for Dr. Kelly to come to 20 this conclusion, particularly in light of the overwhelming 21 amount of evidence that came to industry - 22 MR. CARNEY: Again, Mr. McCrea, you're giving 23 a speech here, if you just make your objection, these 24 speeches are unnecessary and all it does is prolong the 25 deposition. That's not an objection you're making, it's a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009927 119 1 speech and is your opinion and it isn't shared by me. 2 MR. MCCREA: Well, that doesn't surprise me 3 but I am directing these comments to the court and would 4 simply ask the court to - 5 THE WITNESS: You're supposed to look at him 6 during these soliloquies. 7 MR. MCCREA: You have the dignity of a 8 judge, Dr. Kelly. I'm addressing this argument to the 9 court in objection to your question and I am trying to 10 place as much foundation information in the objection as 11 we can in order to preserve error, thank you. 12 MR. CARNEY: I'll give you before I ask the 13 question, so I'm going to repeat the question and I'll 14 give the same objection so you don't have to go through 15 it. 16 MR. MCCREA: Thank you. 17 Q (By Mr. Carney) Dr. Kelly, at the time of 18 your retirement from Monsanto in September of 1977 what 19 was your opinion to a reasonable degree of medical 20 certainty concerning the toxicity of PCB's in relation to 21 human health? 22 MR. MCCREA: I believe you said '77 and I 23 believe it's '74. 24 Q (By Mr. Carney) I'm sorry, if I said '77 I 25 believe it's '76, your retirement in '74. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009928 120 1 A I'll ask you to repeat it please. 2 Q (By Mr. Carney) I think I misspoke, 3 apparently. Dr. Kelly, at the time of your retirement 4 from Monsanto at the end of 1974 what was your opinion to 5 a reasonable degree of medical certainty concerning the 6 toxicity of PCB's in relation to human health? 7 A Well, you have to break down human health. 8 My opinion was as far as industrial workers are concerned 9 with the exception of chloracne, and with the exception of 10 acute episodes there has been no problem with industrial 11 workers. Also, however, if the material is taken by 12 mouth, if it has -13 Q You mean if you eat it? 14 A If you eat the material, especially after 15 it's been cooked as in Chinese and Japanese episodes which 16 caused the formation of dibenzofurans which are entirely 17 different condition, then it is quite toxic. So from the 18 standpoint of an industrial chemical I think it carries a 19 certain amount of toxicity. I would say it's a mildly 20 toxic compound, and it's been used industrially for a 21 billion -- over thirty or forty years, a billion and a 22 half pounds of the material, at least, with no reported 23 ill effects in the workers with the exception of acute 24 episodes of chemical hepatitis and chloracne. 25 Q What do you mean by acute episodes? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009929 121 1 A Something that happens in a short time. As I 2 said earlier today, if you get a bad oyster and you get 3 sick to your stomach and you have diarrhea that's an acute 4 episode. 5 Q And it goes away when you quit eating the bad 6 oyster? 7 A When you get over it, yes. 8 Q What is that opinion about thetoxicity of 9 PCB's in relation to human health based on? 10 A It's based on, A, mythirty-eight years in 11 occupational medicine, my review of the literature during 12 all those years, my experience at talking with other 13 medical directors who had PCB operations by talking to the 14 government people, by reading some of the government 15 articles where they describe a lack of ill effects in 16 workers. 17 Some of the most prominent workers in this field of 18 occupational medicine, one of them is Dr. Renate 19 Kimbrough, who has been working with -- she works for 20 either the EPA or NIOSH, National Institute of 21 Occupational Safety and Health which are the two large 22 government bodies associated with PCB's, with all 23 industrial health, and she has stated twice in the last 24 four years, written publications that there have been 25 no -- with the exception of chloracne that there have been Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009930 122 1 no chronic demonstrable health effects with PCB, due to 2 PCB's in the industry. Also, my talks with the Department 3 of Agriculture, talks with the Food and Drug 4 Administration, where they have set certain levels for PCB 5 in food stuffs. All that's of course my opinion. 6 Q Doctor, do you have an opinion to a 7 reasonable degree of medical certainty that PCB's are safe 8 in the work place if you avoid repeated continuous skin 9 contact and do not inhale fumes at elevated temperatures 10 or in a confined space? 11 A Yes, they are - 12 MR. MCCREA: Objection in that repeated skin 13 contact is not defined. Do we mean -- What do we mean by 14 that? Also I'd object unless we define by fume content 15 the level of ambient PCB's which would be inhaled by the 16 worker. In other words, the question has no limits, what 17 do we mean, prolonged skin contact, based in milligrams, 18 what do we mean - 19 THE WITNESS: Are you asking me or are you 20 asking him? 21 MR. MCCREA: No, I'm objecting. 22 MR. CARNEY: No, he's -- Again, I think you 23 made your objection. In you want to ask any questions 24 since I'm not under oath my recommendation is just to wait 25 until you get a chance and then ask any questions of Dr. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009931 123 1 Kelly. 2 MR. MCCREA: Objection in that skin contact 3 is not even close to being defined as to the amount, 4 milligrams on the skin, et cetera, and we have no, 5 absolutely no parameter on the amount of PCB's in the air, 6 both of which are critical factors. 7 MR. CARNEY: I'm going to reask the question, 8 because I think Dr. Kelly answered it, but I think his 9 answer may have gotten somewhat garbled because you 10 started objecting. I'm not criticizing you for the 11 objection but I'm just saying I'll give you the same 12 objection so we can get a question and an answer clearly 13 on the record. 14 Q (By Mr. Carney) Doctor, do you have an 15 opinion to a reasonable degree of medical certainty that 16 PCB's can be handled safely if you avoid repeated or 17 continuous skin contact and do not inhale fumes at 18 elevated temperatures in confined spaces? 19 A Yes, I do. 20 Q What is that? 21 A The answer is harmful effects -- the material 22 can be used safely. 23 Q Why is it advisable to avoid breathing PCB's 24 at elevated temperatures? 25 A Because you get more of the PCB's into your Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009932 1 body. In other words, if you have PCB's sitting in a 124 2 bucket on the floor, the volitility, which means the 3 amount of PCB's that comes off at room temperature is 4 quite small, you can smell an odor if the amount is quite 5 small. If you heat the material depending on how hot you 6 get it you get an increase in the amount that goes into 7 the air, depending on which PCB it is. 8 Q And so if you have PCB's sitting in this room 9 that were just at room temperature would that be harmful? 10 A No, it would not. 11 Q Was that your opinion throughout your course 12 of employment at Monsanto with regard to the harmfulness 13 of PCB's at elevated temperatures and not at room 14 temperature? 15 A Well, yes, but it didn't start the first day. 16 As soon as I learned about PCB's and as soon as I read 17 about it and as soon as I talked about it with the people 18 that worked with the material and the foreman and 19 manufacturing people who made it then it was my opinion 20 and I -- any further information that was developed 21 buttressed that opinion and I kept it the rest of my time 22 through Monsanto and I do today. 23 Q Was it your opinion throughout your course of 24 employment at Monsanto that PCB's could be handled safely 25 without ill effects if Monsanto's basic safe handling Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009933 125 1 precautions were followed? 2 A Yes. 3 MR. MCCREA: Again, objection, I don't know 4 to what you're referring, safe handling practices. 5 Q (By Mr. Carney) What were the safe handling 6 practices that Monsanto recommended? 7 A Avoid prolonged or repeated skin contact, 8 avoid breathing the material in confined spaces or at 9 elevated temperatures. 10 Q Doctor, you mentioned a Dr. Kimbrough, and 11 her views about PCB's, and what were her views again? You 12 mentioned what they were. 13 A Yes. Dr. Kimbrough's views were that there 14 were no scientifically substantiated proof of any chronic 15 ill effects for PCB with the exception of chloracne. I 16 can quote the article, it's in there someplace. 17 Q Okay. I think that's what we might do, let 18 me just before we get to that article I'm going to hand 19 you her article. 20 A There's another one, too. 21 Q And I've got a second one, there are two. 22 A Yes. 23 Q Before I get to that, let me ask you this 24 about Dr. Kimbrough. Was this the same Dr. Kimbrough that 25 did some rat studies - Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009934 126 1 A Yes, Dr. Kimbrough -- 2 Q --early on? 3 A I'm sorry. 4 Q Go ahead. 5 A Dr. Kimbrough is a Ph.D. and an M.D., she's a 6 pathologist, she's a toxicologist and in her work with the 7 EPA or with OSHA and NIOSH she has done some 8 epidemiological work. I do not know whether she considers 9 herself an epidemiologist, but I certainly consider her 10 well-versed in it. 11 Q Is she a recognized expert about PCB's? 12 A Oh, no question, because she's carried the 13 ball for the government for the last twenty years. She 14 was the one in 1970 that did the work with the higher 15 chlorinated PCB's that she stated she found some tumors in 16 rats following the use of -- following the prolonged two 17 year feeding of PCB's. Yes, her present title is 18 Director, Health at Risk Capabilities, Office of the 19 Administrator, Environmental Protection Agency. Prior to 20 that she was the Center for Environmental Health, Centers 21 for Disease Control, Public Health Service, U.S. 22 Department of Health and Human Services, Atlanta, Georgia. 23 Q Do you recognize Exhibits K-7 and K-8? 24 A Yes, I -- K-8 4. 25 Q I'm sorry, I'm misreading it. K-84 and K-7? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009935 A Yes, I do. Q Could you identify those documents? A Yes. The first, K-7 is a document in the annals -- Annual Review of Pharmacological Toxicology, Pharmacology and Toxicology, 1987, on the Human Health Effects of Polychlorinated Biphenyls, PCB's and she brings in polybrominated biphenyls, which are an entirely different horse. Q And what's K-84? A K-84 is featured article in the Health and Environment Digest by Dr. Kimbrough, entitled Polychlorinated Biphenyls, How Do They Affect Human Health. Q And with reference to these two documents can you tell me what Dr. Kimbrough concludes with regard to health effects associated with PCB exposure? A Well, I will tell you what she wrote. Q Okay. If you would. A And you can believe what she wrote, I'm sure. She stated on page 106 in K-7, "In conclusion, various toxic effects of PBB's and PCB's have been described in laboratory animals. In humans acute poisoning outbreaks have only occurred following exposure to a combination of PCB's and PCDF's. When humans were supposed only to PCB's or PBB's the only observed acute effects have generally 127 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009936 128 1 been minor. So far no significant chronic health effects 2 have been casually associated with exposure to PCB's or 3 PBB's. 4 Q So her conclusion is that no long term health 5 effects have been associated with PCB's? 6 A Well, I don't want to paraphrase it, I'll 7 just repeat what she says. 8 Q Well, you mentioned some other letters and 9 I'm just trying to clarify it for the jury, because I'm 10 not talking about - 11 A PBB is polybrominated biphenyl, which is an 12 entirely different -- 13 Q I don't care about that, because that's not a 14 subject in this lawsuit. Can you tell me just about 15 PCB's? 16 A No significant chronic health effects have 17 been casually associated with exposure to PCB's. 18 Q She used the word chronic? 19 A Yes. 20 Q What does that mean? 21 A Long term. 22 Q So no long term health effects associated 23 with PCB's? 24 A That's correct. 25 Q And take a look at K-84, what does she Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009937 129 1 conclude there? 2 A K-84 she said -- her last sentence, this is 3 on page F-04 to the best of my knowledge in K-84, "Thus, 4 despite positive laboratory animal data and except for 5 chloracne, exposure to PCB's has led to no convincing 6 clinical demonstrable chronic health effects in humans." 7 Q And again chronic means no long term - 8 A Long term. 9 Q -- effects. What is the significance of 10 these conclusions by Dr. Kimbrough to you? 11 A Well, I think they are very significant. 12 Here is a government worker who's certainly unbiased, 13 she's not paid by industry or tainted by industry or 14 anything else. She is completely unbiased. She has shown 15 that she has called the shots as she saw it when she 16 talked about tumors in animals. We disagreed with her 17 about some of her findings animal-wise. 18 But she has worked in this field for twenty years, 19 she's recognized by every department in the government as 20 having excellent credentials and I believe her when she 21 says, "Exposure to PCB's has led to no convincing 22 clinically demonstrable health effects in humans." I 23 think that's very important for anybody interested in 24 PCB's to listen to an expert. 25 Q Let me show you some additional exhibits, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009938 Exhibits K-107 and K-108 and ask you if you can identify those documents? A K-107 is a publication, an application data public bulletin published by Monsanto Chemical Company. The title is The Aroclors, Physical Properties and Suggested Applications. Q What about K-108? A It's the same bulletin, it's probably published a different date, I'm not sure, but the title is the same, The Aroclors, Physical Properties and Suggested Applications. I might mention that Aroclor has been a new name in my deposition, so far so I'll say Aroclors constitutes a group of compounds manufactured by Monsanto some of which are PCB's, a portion, some of which are not PCB's. Q To avoid confusing the jury too much and me too much we'll try to refer when it's an Aroclor that's a PCB we'll try to mention that it's a PCB so we can keep it clear. A I'll do the same. Q If possible. Are these, both these -- Well, take a look at exhibit K-108, the last page, does that give you at the lower left-hand corner a date when that was first used? A Lower left-hand -- No, because 8-47 -- I 130 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009939 131 1 don't know any month that's got 47 days in it. I don't 2 know what that code is. 3 Q Okay, you're right about that. I thought 4 that was a date, but but -- 8-47-71 doesn't correlate. 5 Where are these, what did Monsanto publish from time to 6 time technical bulletins about its products and the 7 properties of those products? 8 A Oh yes, they produced a variety of bulletins 9 depending on what stage of development the product was in, 10 whether it was a development bulletin, an application 11 bulletin or if the material were fit for the market and 12 had definite market applications they had sales bulletins. 13 Q Did these technical bulletins like K-107 and 14 K-108 also have information in it about the safe handling 15 and the toxicity of the products that were mentioned in 16 those bulletins? 17 A Yes, it did. 18 Q Let me show you Exhibit K-8. Can you 19 identify that document? 20 A Yes. This is a letter dated by L.A. Watt, 21 his name was Lynn, L-y-n-n, A. Watt. He was a chemist and 22 was head of what was called a technical service department 23 of the Organic Division of Monsanto Company. He was in 24 that position when I came with the company and he sort of 25 inherited the role of handling the answers to customers' Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009940 132 1 inquires concerning health aspects of various chemicals. 2 After I came with the company, I came in January of '36, 3 by the time of October 1937 a good part of that 4 information was furnished by me. 5 But this is a report -- I mean a statement by Watt 6 in which he talked -- Well, I'll read it: I'll give you 7 the last paragraph first. "In talking with Dr. Kelly 8 before these three paragraphs were written we agreed that 9 they might as well be phrased so that they could be used 10 not only in the Aroclor booklet but quoted in 11 correspondence as that may be necessary." And I'll read 12 the first three paragraphs. "Experimental work in animals 13 shows that prolonged exposures to Aroclor vapors 14 that's PCB's -- "evolved at high temperatures or by 15 repeated oral ingestion will lead to systemic toxicity." 16 MR. MCCREA: Systemic toxic effects? 17 A Toxic effects, okay. I should mention that 18 this was written in October of 1937 following the first 19 two Drinker papers, and the 1939 Drinker paper came out so 20 we would have not written this had this occurred, this 21 occurred in 1939 because -- Well, because it may have have 22 been true that it was an Aroclor that he tested, a 23 chlorinated diphenyl benzene, so he tested an Aroclor but 24 he did not test a PCB. 25 So in that sense this memorandum was right, but Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009941 133 1 again, it could be confusing. This is an Aroclor. 2 Drinker tested an Aroclor. Drinker said he tested an 3 Aroclor that was a PCB; he tested an Aroclor that was not 4 a PCB. 5 Q (By Mr. Carney) Why don't we just -- rather 6 than get off on the Drinker article why don't you read 7 those three paragraphs without comment? 8 A But I mean that's very critical, I think, Mr. 9 Carney, because prolonged exposure to Aroclor vapors at 10 high temperature or by repeated oral ingestion will lead 11 to systemic toxic effects. This was written before we had 12 further work on the PCB's, this was written before we had 13 Drinker's last article. I'll keep on reading it. But the 14 question is still true, this statement is still true, if 15 you get prolonged exposure to Aroclor vapors or evolved at 16 high temperatures or eat the stuff taken by mouth you will 17 get systemic toxic effects. 18 Q And what are those systemic toxic effects, is 19 that chloracne? 20 A Chloracne in animals does not occur readily. 21 It's awfully hard. As it turned out at Yusho where they 22 had -- they got chloracne from eating PCB's that were 23 Japanese PCB's that were contaminated with furans. 24 Q I guess I did not make myself clear in my 25 question. Is chloracne a -- would you call that a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009942 134 1 systemic toxic effect? 2 A Yes. 3 Q And what do you mean by -- I guess while 4 we're on the subject we might as well cover it; what did 5 do you mean by systemic toxic effect? 6 A Well, toxic is harmful, systemic means 7 general, the whole system, it's not a local injury. 8 Q And results of the toxic effect is some 9 pimples; is that right? 10 MR. MCCREA: Objection, leading. 11 A The results of the toxic effects, 12 systemically, when taken by mouth can lead to liver 13 problems and if you take enough of the material you can 14 get death. 15 Q (By Mr. Carney) Why don't we, because I 16 think we got off the track here. You were going to read 17 these three paragraphs in K-8. Why don't you just read 18 those three paragraphs? 19 A I'll start over. 20 Q And if we need to comment about them, we 21 can - 22 A "Experimental work in animals shows that 23 prolonged exposure to Aroclor vapors evolved at high 24 temperatures or by repeated oral ingestion will lead to 25 systemic toxic effects. Repeated bodily contact with the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009943 1 liquid Aroclors may lead to an acneform skin eruption 135 2 that is chloracne. "Suitable draft ventilation to control 3 the vapors evolved at elevated temperatures as well as 4 protection by suitable garments from extensive bodily 5 contact with the liquid Aroclors should prevent any 6 untoward effects." 7 Q And is that language that you approved to be 8 put in Aroclor booklet back in October of 1937? 9 A Yes. 10 Q And this document K-8 that you are reading 11 from is dated October 11, 1937? 12 A That's correct. 13 Q Did you -- Who was, who approved the language 14 that would go in technical bulletins and warnings that 15 would go out to customers about PCB's in other products of 16 Monsanto? 17 MR. MCCREA: Objection to the leading nature 18 of the question, particularly as to the use of the word 19 warnings. 20 Q (By Mr. Carney) Well, let me take out 21 warnings. Who would have approved at Monsanto during the 22 time you were the head of the medical department the 23 language that would go into the bulletins and the 24 information that went to Monsanto's customers about the 25 safe handling of Monsanto products? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009944 MR. MCCREA: Again, are we talking about the time period of '36 to '74. Q (By Mr. Carney) Let's say the time period after World War Two, 1946 to 1974 when you retired? A After 1946 on that would be the medical department. It was somewhat less formal in the years from 1937 to 1942 Q But who, was that -- A That was also medical department, that's right. As you can see here Watt talked over with me what they were going to be put in the bulletins. Q So it was informal that you did the approval prior to World War Two and after World War Two it was more formal that you would do it? A That's correct. Q And who received these technical bulletins, Exhibits K-107 and K- 108? A Anybody who is interested in the Aroclors and anyone that the salesmen thought, the development people thought was a potential customer. Q Would it include potential customers and customers? A Well, it's an application bulletin. Certainly if a person was a customer he would receive this, there might very well be a subsequent one, a sales 136 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009945 137 1 bulletin that would go along with it. 2 Q Did the language that was in these technical 3 bulletins and other documents that went to the customers 4 of Monsanto vary greatly from year to year? 5 A Well, I don't exactly know what you mean by 6 greatly, no. I would say no with the exception we're 7 still talking about PCB's. 8 Q Yes. 9 A With the exceptionthat when the 10 environmental problems with PCB's surfaced in the late 11 sixties, early seventies, environmental warnings were 12 placed on the containers of PCB's. 13 Q Let me next show you - 14 A Do we need these? 15 Q Why don't you, you can -- I think you can put 16 these your table. We'll get rid of some of those at the 17 next break. Let me show you some additional exhibits. 18 I'm going to show you exhibits K-88, K-90, K-91, K-92, 19 K-93, K-94, and K-95 and ask you if you can identify those 20 documents? 21 A Yes. K-88 is a document that is also an 22 application bulletin on the Aroclor, it's labeled there, 23 it's labeled Physical Properties and Suggested 24 Application. In other words, this is a bulletin that the 25 technical people put out to see if anybody was interested Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009946 138 1 in a product with these physical properties and they 2 suggested where it could be used. 3 MR. MCCREA: Excuse me, Doctor, did you have 4 a date on that? 5 MR. CARNEY: I don't think -- 6 THE WITNESS: I don't think that I did have 7 some dates labeled. I don't have any of these. 8 MR. CARNEY: Unless it's in the document you 9 might have to get somebody else to date that. 10 Q (By Mr. Carney) Maybe to short-circuit this, 11 Doctor, are all these exhibits that I just handed you, are 12 they various technical bulletins that contain information 13 about PCB's that Monsanto had printed? 14 A Yes. Well, with the one provision that they, 15 when you talk about it generically, Aroclors, also it 16 includes some compounds that are not PCB's. 17 Q But all these documents were technical 18 bulletins that included information about PCB's? 19 A Yes, they all include information about 20 PCB's, the last four are completely about PCB's. 21 Q And by the last four I guess you better 22 identify - 23 A Well, K-92, which is The Proper Handling of 24 Aroclor in Air Mixtures in the Electrical Industry. K-93 25 is The Askarel Inspection and Maintenance Guide, K-94 is Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009947 139 1 the same thing, K-95 is the same thing, Askarel Inspection 2 and Maintenance Guide, but it seems like there's some 3 revisions. 4 Q Some of these exhibits that you just 5 referenced refer to Askarel, do you know what Askarel? 6 A Askarel I believe is the trade name for 7 Monsanto's PCB's for the electrical industry. I take that 8 back. I believe it's more widespread than Monsanto. 9 Askarel is a generic name for the fire resistant liquid 10 insulation and coolant first used by General Electric in 11 1932 . 12 Q But Askarel, the main thing I think is 13 Askarel is a PCB? 14 A That is correct. 15 Q Take a look at Exhibit 92, the first page of 16 that exhibit? 17 A Yes, sir. 18 Q Is that document dated on the first page? 19 A Yes. That's dated May the first, 1956. 20 Q What exhibit 93? 21 A Huh? 22 Q Could you look at Exhibit 93 and see if - 23 A Yes. I'm looking at 93. 24 Q I'm sorry. I don't see it right offhand on 25 93, but I do on 95. Is there a date on the top of the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009948 140 1 first page? 2 A I'll get 95. Yes, that's a -- it's dated 3 there, 1975, but those are -- 4 Q What does it say up there, just for the 5 record. Is it revised March of 1975, is that accurate? 6 A Well, it says it here, that's different, I 7 don't know when it was put on, and I don't know -- it's 8 different print but the rest of the front so I can't be 9 positive about the date, that's what it says, but -- 10 Q At any rate, Doctor - 11 A Somebody decided this was revised March 1975. 12 Q Let me next show you some additional 13 exhibits, Exhibits 97 and 99 through 106 and I'll ask you 14 as soon as I get my hands on them if you can identify 15 these documents. 16 A Yes. These are material safety data sheets 17 on United States Department of Labor forms that are dated 18 May of 1971. They deal with products of Monsanto 19 manufacture. Some of them -- Well, two of them are -- use 20 Westinghouse trademarks. 21 MR. MCCREA: Can you identify those numbers 22 please? 23 THE WITNESS: K-97 as Inerteen 70 dash 30, 24 which is a Westinghouse trademark. K-99 is the trade name 25 an Inerteen 100 dash 42. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009949 141 1 Q (By Mr. Carney) Is Inerteen a PCB? 2 A Yes. 3 Q That's the Westinghouse name for PCB? 4 A Yes. 5 Q All of these exhibits that I have handed you, 6 97, 99 through 106 are material safety data sheets related 7 to PCB's? 8 A Well, I have got one here that I don't know 9 much about. Well, they say Chlorinated Aromatic, Inerteen 10 54201-KJ, that one I don't know much about. 11 Q Which one is that? 12 A That is K-102. 13 Q With the exception of that exhibit are all 14 the other exhibits that I've handed you, 97 and 99 through 15 106 safety data sheets for PCB's? 16 A Yes. This might very well be one, but I 17 don't know. 18 Q What is a material safety data sheet? 19 A Well, it just is what the name implies, it 20 talks about a material, product. Safety means, safe from 21 harm, data means a collection of information and the sheet 22 is the form. So really what it is is a memorandum or a 23 condensed one or two page bulletin that describes what 24 company manufactured the material, what their address was, 25 what kind of a product it is. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009950 142 1 Then they talk about the hazardous ingredients, 2 they talk about the physical date, whether it's a liquid, 3 solid, what its vapor pressure is, they talk about the 4 fire and explosion hazard, they talk about the health 5 hazard data, they talk about what happens when it burns. 6 Q Is one of the -- Okay, I'm sorry. 7 A They talk about what happens if there's a 8 spill and special precautions. 9 Q Is -- What was the purpose for filling out 10 these material -- I take it these are all the material 11 safety data sheets on PCB's that Monsanto prepared? 12 A That's correct. 13 Q And what was the purpose in giving 14 information out on special protection information and 15 spills with regard to handling of PCB's and the health 16 hazards of PCB's, what was the purpose of having that 17 information in these safety data sheets? 18 A To prevent -- this was used both in 19 transportation, whether it's a truck or railroad car or 20 something of that sort or in the receiving person's plant, 21 whether it was a plant or it could very well be a 22 manufacturing -- or this manufacture's agent. Well, 23 anyway, the customer would get this, and it would give 24 them information that was valuable to them in case any of 25 these things occurred, in case there was a leak, told them Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009951 143 1 what to do with about the special precautions. This was 2 mandated by the Department of Labor. 3 Q And did someone in the medical department 4 approve the language relating to toxicity and safe 5 handling of PCB's on these material safety data sheets 6 that were Exhibits 97 and 99 through 106? 7 A Yes, we approved Section 5, Health Hazard 8 Data, Section 8, the Respirators and Special Precautions, 9 Section 9. We approved Section 8, the Special Precautions 10 in conjunction with the safety department. 11 Q And if you'd look at the bottom of the last 12 page of these material safety data sheets, are they dated? 13 A Yes. First three were in February of '72 -- 14 oh, there's January of '72, looks like they're all '72, 15 I'm not to the end yet. 16 Q I don't think you need to read all the dates, 17 I just -- 18 A Yeah, but I think it's all early '72. 19 Q Okay. 20 A Yes, I would say they are all early '72. 21 Q And at any rate they all have dates? 22 A That's right. 23 MR. CARNEY: Why don't we take a brief break, 24 I'm going to change the subject and we can change the tape 25 again. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009952 144 1 (Whereupon, a short break was taken.) 2 Q (By Mr. Carney) Dr. Kelly, I have just 3 handed you Exhibits K-9 through K-18, and ask you if you 4 can identify those documents for the record please? 5 A Yes, I can. K-9 is a label for Aroclor. 6 It's a Monsanto label, "Avoid repeated contact with skin 7 and inhalation of the fumes and dust." 8 Q Do you have knowledge as to the date of that 9 label? 10 A Yes. I've been through this label business 11 on quite a few depositions and I have spent a good part of 12 the day trying to have a deposition, so together with 13 paralegals, some of the lawyers and some of the technical 14 people at Monsanto I -- we ran down the dates as well as 15 we could. This was sometime pre-1947. 16 Q Are all -- Well, why don't you go through 17 these exhibits? 18 A Okay. Then K-10 is also a Monsanto label, 19 it's Chlorinated Diphenyl, Technical, that's a PCB of 20 course. It's a label that's dated -- it's not dated on 21 it, but it's from our research it was 1977. We have then 22 a caution label, Hydrocarbon -- a chlorinated hydrocarbon 23 caution label, K-ll. That was early 1960, it get a Mon - 24 it's put on Monsanto products, whether or not this is the 25 same caution label put on all chlorinated hydrocarbons or Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009953 145 1 not I'm not sure, but that's dated around 1960. 2 Q Let me stop you there, Doctor. K-ll is a 3 little hard to read and what I'd like to do is show you a 4 blowup that I believe depicts Exhibits K-9 and K-ll which 5 might be easy -- if you can say, is K-9 represented on 6 this blowup at the bottom here? 7 A Yes, it's where your right hand is, it's at 8 the lower lefthand corner. 9 Q And where is K-ll on this blowup? 10 A K-ll is right above it, and it's highlighted 11 in yellow, starts off "Caution, contains chlorinated 12 hydrocarbons." 13 Q Can you read the caution on K-ll? 14 A Yes. The one on K-ll is not only highlighted 15 up at the top it's also the same on the right-hand column. 16 So it says, "Avoid prolonged breathing of vapor or mists. 17 Avoid contact with eyes or prolonged contact with skin. 18 If skin contact occurs remove by washing with soap and 19 water. Following eye contact flush with water. If 20 clothing becomes soaked with fluid launder before wearing 21 again." 22 Q And is this kind of caution language that was 23 used by Monsanto to alert its customers about safe 24 handling of PCB's? 25 A That's correct, sorry. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009954 146 1 Q And is that the with minor variations the 2 language that was used during the time that you were 3 medical director at Monsanto? 4 A Well, when -- Yes, from '60 on, I don't-- 5 early '60. I don't know if it was used that particular 6 phraseology was used, but yes, in general it's true. 7 Q Okay. Why don't you go on with K-12? 8 A K-12 is an Inerteen label. It's a Monsanto 9 label, I'm sorry, it's a Monsanto label. But it's 10 Inerteen 70 dash 30, this is K-12 we're talking about. On 11 the label it says, "Made for Westinghouse Electric 12 Company, trademark at Westinghouse Electric Company," and 13 it had the same caution material that was present on the 14 blowup. 15 MR. CARNEY: And I don't know if they are, if 16 you have any objection to trying to zoom in and see if 17 it's -- 18 MR. MCCREA: No, that's fine. 19 Q (By Mr. Carney) That's again a Monsanto 20 label and it's for the Inerteen which again is the 21 Westinghouse trade name for PCB's? 22 A That's correct. 23 Q And what was the date? 24 A I should say for Westinghouse it's a trade 25 name for electrical fluid that contains PCB's. In this - Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009955 in addition to other things, it also contains, presumably the thirty refers to trichlorobenzene. Q And what's the date on that Exhibit K-12 that we are looking at? A That's 1965. Q And let's take the next one, it's K-13? A K-13. This is a Monsanto label that we put on containers following the discovery that the material could be an environmental contaminant. The date on it -- Q And that again I think you mentioned was when? A 1970. Q Then the next was K-14. A That's another Inerteen, that's another Inerteen label which also contains the environmental statement. The date of that is July of 1970. Q And then K-15? A K-15 is another Inerteen label, also Monsanto label, but the product is Inerteen, the Westinghouse product, and in addition to the environmental statement the waste disposal offer is made on it which we offered to take back the used PCB's for incineration. The date of that is July '71 to 11/72. I don't believe there are any -- I'm not sure how definite, it was someplace in there. 147 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009956 148 1 Q Okay. And - 2 MR. MCCREA: Did Dr. Kelly state this was 3 PCB? 4 Q (By Mr. Carney) The Inerteen 70-30, is that 5 a PCB, if you know? 6 A Yes. To the best of my knowledge Inerteen 7 contains PCB and the 70 refers to a 70 percent PCB and the 8 30 refers to trichlorobenzene which we added to PCB's to 9 form Inerteen for Westinghouse. This was Westinghouse 10 specifications for one of their electrical uses. It 11 contains PCB's, yes, at least seventy percent. 12 Q And did we do K-16, is that next? 13 A That's the next one. 14 Q Yes. 15 A That again is a PCB label and it also has a 16 waste disposal on there and I believe that was used from 17 11/72 to 6/75. 18 Q And what about K-17, can you identify that? 19 A K-17 is a multi-language label for tank cars; 20 that was used from 1972 I believe to 1977 and not -- yeah, 21 that was used at that time. 22 Q And then finally K - 23 A Oh, this is one that I am not so sure about 24 the date on it but it's a tank car label for PCB's and I 25 would say that it was sometime in the neighborhood of 1972 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009957 on. Q When you say tank car label, did PCB's -- are they normally in a liquid form? A Yes . Q When they are sold to customers? A They are either 55 gallon drums or 6,000 gallon tank cars. Q And the labels, would the label be put on the cars and tank drums? A That's correct. Q Why didn't you put the labels on the PCB's themselves ? A Q take it? Float them on there? There is no way to put them on the liquid, I A No. Q And did you or did the medical department under your supervision at Monsanto approve these, the language in these labels at least up until your retirement in November of 1974? A Well, yes, we approved that part of the label that referred to the safe handling procedures and we had input unto the environmental aspect, when that came into play. Q And that would be true of Exhibits 10 through 149 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009958 1 18? 150 2 A Yes. We didn't have anything to do with 3 saying sell it back at three cents a pound or something 4 like that. 5 Q Dr. Kelly, during the time that you were 6 medical director at Monsanto did you have any philosophy 7 with regard to a goal to be followed in writing safe 8 handling instructions for something like PCB's? 9 A Yes. 10 MR. MCCREA: Just a second. Are we asking 11 if he, Dr. Kelly, had a philosophy. 12 MR. CARNEY: Yes. 13 A Yes. My philosophy was to keep the 14 information to precise as could be done for protection, to 15 keep it as short as possible to keep the reader's 16 attention. I would rather have a one or two paragraph 17 warning than a three page bulletin because my experience 18 over the years has been that people rarely go past the 19 first paragraph if you have a three page memorandum on 20 safety. 21 Q (By Mr. Carney) Dr. Kelly, at the time you 22 retired from Monsanto in 1974 did you have an opinion to a 23 reasonable degree of medical certainty whether the safe 24 handling instructions were followed that appear on 25 Exhibits K-9 through K-18 that the PCB product could be Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009959 151 1 used without ill effects? 2 MR. MCCREA: To which we'll object; the 3 question implies that Dr. Kelly is an expert in warnings 4 as to the effectiveness of the design in communicating to 5 the user the need to take appropriate precautions for his 6 health and safety and the answer which Counsel is 7 attempting to elicit implies that these warnings, 8 so-called warnings, although I don't see the word used 9 ever, would communicate the information and I think that's 10 beyond the realm of Dr. Kelly's expertise. 11 MR. CARNEY: Okay. I'll give you that same 12 objection. Let me restate the question so it's fresh in 13 Dr. Kelly's mind. 14 Q (By Mr. Carney) Dr. Kelly, at the time you 15 retired from Monsanto in 1974 did you have an opinion to a 16 reasonable degree of medical certainty whether if the safe 17 handling instructions that appear on Exhibits K-9 through 18 K-18 were followed that PCB's could be used without ill 19 effects? 20 A Yes. I was quite certain during those 21 thirty-eight years we manufactured a billion and a half 22 pounds of the stuff, sent it all over the country and 23 there are no reports of any ill effects from it in our 24 workers with the exception -- not only our workers, no 25 case reports from any other, about any of the customer's Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009960 152 1 workers, no reports of any illness from any of the 2 customer's medical directors or any of the customer's 3 manufacturing people, that -- So my answer is yes. I was 4 quite certain that it was proved perfectly safe, perfectly 5 adequate. 6 MR. MCCREA: We would object to the answer 7 as not being responsive to the question. The question 8 addressed to the witness was if this information were 9 followed would the product be safe. The question 10 addresses the communication. Dr. Kelly is incorporating 11 into his answer hearsay testimony that there were no 12 reports of adverse effects. 13 By answering it in that fashion he has completely 14 avoided the question, his answer is there were no effects, 15 that's hearsay. The question was if these warnings were 16 to be followed based on his knowledge of the toxicology 17 which he has described would the product be safe. It has 18 nothing to do with the lack of reports. 19 MR. CARNEY: Let me reask the question. I 20 think the doctor did answer the question, but just so 21 there is no confusion why don't I ask it again. 22 Q (By Mr. Carney) Dr. Kelly, at the time you 23 refired from Monsanto in 1974 did you have an opinion 24 based on a reasonable degree of medical certainty whether 25 safe -- if the safe handling procedures in Exhibits K-9 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009961 153 1 through K-18 were followed that PCB's could be used 2 without ill effects? 3 A Yes, I did. 4 Q And what was that opinion? 5 A They could safely be used without ill 6 effects. 7 Q If the safety precautions were followed? 8 A Yes. 9 Q And what is that opinion based on? 10 A It's based on my knowledge of the toxicity of 11 the product. It's based on my reviews of the literature. 12 It's based on my contacts with the people who used it, the 13 medical personnel who used it, the industrial hygiene 14 people who used it and it's based on significant absence 15 of any reports of ill effects in the medical literature in 16 the electrical field or in the medical literature with the 17 exception of chloracne. There were no ill effects, so I 18 can't base it on anymore than that. They read the 19 warnings and they had no troubles. 20 MR. MCCREA: All right, now, that's gross 21 hearsay based upon information from whomever, wherever. 22 It does not incorporate into the answer the critical 23 aspect of the question, "If this information were 24 followed Dr. Kelly jumps to the conclusion, no 25 reports of ill effects. Dr. Kelly has no data as to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009962 154 1 whether or not this information on these labels was 2 adhered to by workers and that was the essence of the 3 question. 4 He assumes it was because there were no ill 5 effects. That's not the point. The point is did the 6 workers if they had received this information, adhere to 7 it. No data, no information, no studies as to whether or 8 not any worker would appreciate the risk of PCB's from 9 reading these warnings. 10 MR. CARNEY: I'm not going to respond to your 11 speech, because I just think that will prolong things 12 other than to at least to say that my silence on your 13 objections or speeches does not mean that I acquiesce in 14 what you're saying. 15 Q (By Mr. Carney) Doctor, I asked for your 16 opinion at the time of my retirement in my last question, 17 did you have the same opinion on that subject during your 18 lengthy employment with Monsanto? 19 A I had the same opinion from 1937, sometime 20 when I got involved with PCB's until 1974 and from 1974 21 until May the 30th, 1990. 22 Q It's the 31st. 23 A The 31st. 24 Q Did you he -- Let me show you the next 25 exhibit, K-9. Would you read the title and the -- Strike Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009963 155 1 that. Did you ever see that document during the time that 2 you were employed by Monsanto? 3 A I never did. I never saw it until it was 4 shown to me at one of these depositions. 5 Q And was this a document ever utilized by 6 Monsanto? 7 A I never heard about this document, I never 8 saw it used by Monsanto, I never had anyone mention the 9 document during the years that I came back from the 10 service until I left. 11 Q As far as you know was this document ever 12 used by any salesmen at Monsanto? 13 A As far as I know there was absolutely -- it 14 was never used. There's really no use for it because in 15 1944 Aroclors were in allocation, we did not have salesmen 16 going out trying to sell it. We had salesmen on the 17 telephones answering the question saying, "Well, send me 18 your government order and we'll send you the amount of 19 Aroclors that the government says we should send you." We 20 didn't have salesmen running around trying to sell people. 21 So I have no idea. This is not an official Monsanto 22 document, I don't know whose brain child it is. 23 Q Why do you say it's not an official Monsanto 24 document? 25 A Well, Monsanto does not put typewritten Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009964 156 1 documents that are not published, this has material in 2 there that's absolutely nonsense and it would not be a 3 Monsanto document. 4 Q Does it have any Monsanto code or anything on 5 the back? 6 A No, sir, it has no signature, it has no code 7 on the back. 8 Q Do you know who the author was? 9 A I haven't the slightest idea. 10 Q If this document K-19 had been presented to 11 you for your approval back when you got back from World 12 War Two, what would you have done? 13 A Thrown it in the waste basket. 14 Q Why is that? 15 A Because, several things, one, is it tries to 16 do everything, it tries to encompass everything in one 17 bulletin, it has gone back historically and talked about 18 applications where Monsanto to the best of my knowledge 19 never used PCB's. It has information on there medically 20 that is incorrect. So I can't say that we're not -- I 21 don't believe it's worthless, I believe it's completely 22 worthless. 23 Q Doctor, during your course of your employment 24 did Monsanto have tests performed in relation to the 25 toxicity of PCB's? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009965 157 1 A Yes, they did. 2 Q And did Monsanto perform these tests in-house 3 or did they have others do them? 4 A No. We did not have a laboratory until 5 after -- I think '75, we started preparations for a 6 laboratory just about the time when I was leaving in 1974. 7 Q And were most of these tests animal tests 8 except for the skin patch test? 9 A Yes, with the exception of the skin patch 10 test. 11 Q Why were these tests done on animals? 12 A Well, I don't believe it's morally correct or 13 ethically correct to experiment on people. 14 Q Are the results of animal testing easily 15 useable to predict the potential effects of a particular 16 substance in humans? 17 A Well, I have to answer that yes or no. There 18 are some ways it's helpful, some it isn't. Now the animal 19 species vary. If they can show a target organ, if you get 20 the same sort of response in several species of animals. 21 If they're all for example involves -- you get brain 22 tumors in all the animals, you would think well, maybe 23 you'd get a brain tumor in humans. If you get a liver 24 problem in all of them you would think well maybe you will 25 get a liver problem, that's the thing you look out for. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009966 158 1 MR. MCCREA: Excuse me, Doctor, let me 2 interpose an objection that there is no basis for the 3 doctor's qualification in toxicology, which this involves 4 toxicology. There are other people at Monsanto that are 5 qualified to discuss animal testing. 6 Q (By Mr. Carney) Doctor, if one species of 7 animal you get a particular effect by a substance does 8 that mean it will happen in humans? 9 A No, it does not. 10 MR. MCCREA: Is it understood same 11 objection, Counsel? 12 MR. CARNEY: Yeah. 13 Q (By Mr. Carney) Let me show you Exhibit 20. 14 Can you identify that document, Exhibit K-20? 15 A Yes. This is a report of Dr. Frederick Flynn 16 of patch testing on material received from Swann Research, 17 Incorporated. The date is May the 5th, 1934. 18 Q What's the -- Read that date again. I think 19 you might have misspoke? 20 A May the 25th, 1934. 21 Q I thought you said May 5th the first time? 22 A No, 25th. 23 Q Yeah. Have you ever seen Dr. Flynn's report 24 before? 25 A Yes, I have. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009967 159 1 Q Did you see that document back in shortly 2 after the date it bears? 3 A Not shortly after. I never saw it until I 4 came to work at Monsanto, some six or seven months after I 5 came to work at Monsanto. 6 Q So it would have been sometime in 1936 you 7 saw it? 8 A '36, yes, late '36 probably. 9 Q Briefly, Doctor, what type of PCB testing did 10 Dr. Flynn conduct? 11 A He did patch testing, it appears. 12 Q On what species, if you - 13 A I don't see it right off the top of my head 14 here. Says on animals, but let's see what his conclusion 15 was. It's not on humans. 16 Q I think it was rabbits? 17 A Large white rabbits, that's correct. 18 Q And did he test PCB's of various degrees of 19 chlorination in his tests? 20 A Yes. He tested quite a mixture of things, he 21 tested an Aroclor with sixty -- a PCB with 62 percent 22 chlorine, he tested the same Aroclor with four and a half 23 percent styrene four and a half and a mixture of styrene 24 high boiler -- 25 Q I don't think we need to get the jury Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009968 160 1 involved in all these numbers and details. 2 A Yes. Well, he tested liquid PCB's, ground up 3 PCB's. 4 Q What did Dr. Flynn concludes as a result of 5 his rabbit skin patch testing on various types of PCB's? 6 A By the way, he also did intradermal, that 7 means into the skin, he injected the liquid material into 8 the skin. Well, he concluded that each of the Aroclors 9 that gave a positive reaction were of a fluid nature. He 10 also said that any styrene found, compound which could be 11 found that were present as impurity is the cause of the 12 trouble. He said he was also surprised that more of the 13 compound submitted did not show or give reactions to the 14 skin. 15 It has been shown in some -- Well, they get into 16 some very archaic statements here, but that's about what 17 he said. He said -- he also gave some ideas which were 18 very good. "Study your ventilation system in places where 19 fumes were given off, means be provided for men to take a 20 bath with soap and water if they come in contact with the 21 type of material found to be positive." By this I mean if 22 a leak or spillage occurs. 23 Q So he gave some safe handling suggestions in 24 handling PCB's? 25 A That's correct. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009969 161 1 Q Let me show you Exhibit 21 and ask you if you 2 can identify that? 3 A Yes. This is a report dated September 15th, 4 1938 by Cecil -- by Dr. Drinker, a report to Monsanto 5 Company that deals with four products, first two have 6 nothing to do with this case. The second two, one is a 7 chlorinated PCB, 68 degree chlorine, and the other is a 8 mixture of chlorinated diphenyl benzene and chlorinated 9 diphenyl, which are -- one is a mixture of a PCB and a 10 mixture of a compound which is not a PCB, a terphenyl. 11 Q Did you review this report back in the late 12 1930's? 13 A Yes, I did. 14 Q And these were rat inhalation experiments? 15 A Let's see what animal was used. Yes. 16 Q What did Dr. Drinker report to Monsanto in 17 the relation to the results of his rat inhalation 18 experiments with PCB's? 19 A He reported that he had these rats inhale the 20 material at a concentration of somewhat over a half 21 milligram per cubic meter into the -- he had to heat the 22 material up to 140 to 190 degrees centigrade to get the 23 material in sufficient concentration in the air. He 24 exposed them for sixteen hours a day and he continued that 25 for almost three months, four months. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009970 162 1 He got some swelling of the liver cells but were 2 not progressive. They were, the rats were healthy, they 3 gained weight. Then he gave them carbon tetrachloride and 4 alcohol which carbon tetrachloride is a very serious liver 5 poison and the rats died 52 days later. He also decided 6 at the end of 93 days that this wasn't tough enough so 7 he -- and I'll guote who it says, "After 119 days at low 8 concentration of 12-60 A which is a PCB -- "had 9 improved but slightly poisonous it was decided to increase 10 the concentration of the air breathing by the four rats 11 remaining." 12 So he had to get four of his gadgets to get the 13 stuff in the air, so he brought it up twelve times as 14 much, twelve times as high. He continued the exposure, I 15 guote him, "to this very high concentration and was 16 continuing it for 87 days." He said, "Under these 17 conditions the animals remained in perfect health. The 18 carbon tetrachloride and alcohol test was positive, but 19 there was no evidence of liver damage or no evidence of 20 disturbance in other organs. 21 Q Did he see any gross evidence of 22 abnormalities on other parts after he examined these 23 animals after they were sacrificed? 24 A He saw no gross abnormalities, but he saw 25 some microscopic, he saw some - Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009971 163 1 Q Did he see anything to the naked eye that 2 would be unusual? 3 A No. Nothing to the naked you, but he did see 4 material, he saw some changes in the liver cells which -5 Q That was microscopic? 6 A Microscopic, that's correct. 7 Q And he was dealing with one of the highest 8 chlorinated PCB's, wasn't he? 9 A That's correct. 10 Q And what was his general conclusion after the 11 concentrated vapor that he exposed these rats to for three 12 or four months with this very high chlorinated PCB? 13 A Six months, six and a half months, 207 days. 14 Q Okay. 15 A Page 7 it says, "In conclusion, 12-70 when 16 handled in ordinary precautions should be entirely 17 harmless to workmen." 18 MR. MCCREA: What page is that? 19 THE WITNESS: Page 7. 20 A It says while it can't be given an entirely, 21 totally clean bill of health it is preferable to these two 22 other compounds. 23 Q (By Mr. Carney) Was there anything in Dr. 24 Drinker's reports to you that is inconsistent with your 25 opinions that you held about the ability to handle PCB's Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009972 164 1 safely in a work place? 2 A No. There was nothing inconsistent with my 3 ideas. 4 Q Let's next look at Exhibits K-22 and K-23 and 5 K-24 and ask you if you can identify those exhibits? 6 A K-22 is a report by doctor Joseph Treon of 7 the Kettering Laboratory, which is in the College of 8 Medicine of the University of Cincinnati Medical School. 9 It has to do with the exposure, vapor fumes of Aroclor at 10 elevated temperatures of Aroclor 1242 and 1254, both of 11 which are PCB's. 12 Q Do all three of these reports, are the 13 Kettering laboratory reports on animal testing of PCB's? 14 A That's correct. 15 Q And Kettering is a laboratory where did you 16 say? 17 A University of Cincinnati, it's part of their 18 medical school. 19 Q Was this a large laboratory? 20 A For those days in 1955 it was probably the 21 largest one, maybe Harvard was bigger; but the only two 22 ones, might -- probably two, there might have been a 23 little at the University of Pittsburgh, but Cincinnati 24 certainly if it wasn't the biggest, it was the second 25 biggest. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009973 Q And did you request that this testing been done? A Yes, I did. Q At the laboratory at the University of Cincinnati? A Yes, I did. Q And what type of testing was done in these tests? Was it -- were these inhalation tests? A Two were, yes, two were inhalation, two were inhalation of the fumes and the other was a mist like an aerosol. Q And again just to make sure that we understand, inhalation means what? A You breathe it in. Q So you would elevate the temperature and make vapors ? A Well, you put the animals in a sealed box, pretty good size box and then you would put this material, heat it and blow air through it to pick up the vapors and blow them into the cage and leave the animals in there for X period of hours, X number of days. Q And these tests that you just described, were they done on various types of animals? A Yes. He had a sort of mixed bag of these, he had guinea pigs, rats, rabbits -- 165 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009974 166 1 Q What were the - 2 A Maybe mice also. I know he had guinea pigs, 3 rats and rabbits and I think he had mice also. 4 Q What were the results of these tests by the 5 Cincinnati University laboratory called Kettering with the 6 vapor being put into the enclosed containers where the 7 animals were in, the PCB vapors were put in? 8 A Well, he found out if you put enough of 9 material in you can cause fatalities in the rabbits, he 10 also found out -- I mean in the animals. Then he also 11 found out if you drop the level down you could come out at 12 a safe level where you don't have any problems, so the 13 bottom line of this experiment was to find out what was a 14 safe level. So he came out with a safe level and that 15 safe level was adopted by the American Conference of 16 Government Industrial hygienists. 17 MR. MCCREA: I'm going to object to that 18 response as being outside the scope of this document. 19 There is no showing in this document based on this study 20 that the level was adopted. 21 Q (By Mr. Carney) Doctor, he found that safe 22 levels for these various species of animals for these PCB 23 vapors and how did he correlate that to safe levels for - 24 go from animals to humans. 25 A He took a tenth or a hundredth of it, I'm not Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009975 exactly sure unless I go through these calculations. He came down to a much safer level where he said, "Well, it's safe for animals, at a hundred times, it's okay for people." Q And does -- did the report indicate how they got these large levels of fumes in the air, into these confined cages for these animals? A Yes, I am sure it does. I'll find it here. Well, they heated -- I'll have to tell you how high they got the temperatures. Q They heated it above room temperature? A Oh, gosh, yes. He took 1242 and he heated it to between 132 degrees and 138 degrees centigrade, hundred degrees centigrade is boiling at the point of water. Q Do you know roughly how that translates into Fahrenheit, just approximately? A Well, water boils at 180 degrees Fahrenheit, see this is 200 and something Fahrenheit. Q Okay. A Then 54 -- MR. MCCREA: What page, Doctor? A He used the same, 130 to 135 degrees centigrade. Q (By Mr. Carney) What page are you looking at there, Doctor? 167 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009976 168 1 A Six. 2 Q Page 6in exhibit - 3 A K-22. 4 Q Dr. Kelly,could you tell the jury whether 5 after you reviewed these reports back in 1955 that were 6 sent to you and that's again Exhibits K-22, 23, and 24, 7 did those reports change any of your opinions with regard 8 to the toxicity and safe handling of PCB's in the work 9 place. 10 MR. MCCREA: To which we'll object for the 11 reason there is no showing of Dr. Kelly as a medical 12 doctor and not a toxicologist is in any way able to 13 correlate the information from the animal studies to human 14 beings. 15 A Well you repeat it? 16 Q (By Mr. Carney) After you reviewed these 17 three reports from the University of Cincinnati laboratory 18 called Kettering and that's Exhibits K-22, K-23, K-24, did 19 your review of those reports cause you to change any of 20 your opinions with regard to the toxicity and safe 21 handling of PCB's in the work place? 22 A Based on my experience in medicine in 1924 or 23 twenty years before, based on my experience with 24 familiarity of a toxicological information, based on my 25 experience with discussions with toxicologists these Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009977 169 1 reports did not change my mind at all. 2 Q Were they consistent with your views? 3 A They were consistent with the views that I 4 had gained over the twenty years of occupational medicine 5 where I was constantly exposed to toxicology, reports of 6 toxicological matters. 7 Q Did Dr. Treon who authored these three 8 reports that were sent to Monsanto, did he ever publish 9 his findings related to the toxicity of PCB's? 10 A Yes, he did. 11 Q Let me hand you Exhibit 25 and ask you if 12 that's the publication of the results of his reports to 13 Monsanto? 14 A Yes. It was published in the Industrial 15 Hygiene Quarterly, cannot make out the date but he gave 16 the paper in 1956, it seems to me. So it was published in 17 either late '56 or early '57. 18 Q Did you read the article at the time it was 19 published? 20 A Oh, yes. 21 Q Was the Industrial Hygiene Quarterly a 22 well-known publication at that time? 23 A Yes. 24 Q Was it a reputable publication? 25 A Oh, it's a peer review publication. Peer Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009978 170 1 means you send it around to the other authorities in the 2 field, you get a paper and send it around to the other 3 people and they look at it and say, "Well, it looks like 4 it's based on good scientific evidence," and they send it 5 back to the editor and say yes, we ought to publish it. 6 Q And did Dr. Treon in the published article, 7 Exhibit 25, did he give the conclusions that he gave in 8 the prior reports that we were looking at that went to 9 Monsanto? 10 A Yes. 11 Q Let me hand you next a series of documents 12 that we have marked K- 26, Exhibits K-26 through K-36 and 13 I'll ask you if you can identify those documents? 14 A K-26 is a report from the Younger 15 Laboratories on Aroclor, on a particular Aroclor, 1270, 16 ammonia reaction product. It is an acute study in which 17 the oral lethal dose, oral dose that kills half the 18 rabbits -- of the rats is found, tested the skin 19 irritation and eye irritation. 20 Q Let me maybe just short-circuit, let me just 21 ask a couple of general questions rather than go through 22 each one separately. I think it will go quicker. Are 23 K-26 through K-36, are they ten different reports from the 24 Younger Laboratory dated between July 9, 1957 and March 4, 25 1963 relating to acute oral toxicity tests performed on Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009979 animals using Monsanto PCB's? A Not all of them, Aroclor 2565 is not a Monsanto PCB. That's a terphenyl, that's a different compound. Q Which exhibit is that? A That's K-35. K-36 is Inerteen PPO, which is a Westinghouse product, manufactured presumably by Monsanto. Q A Are those -- That's a PCB though, the K-36? Yes. I don't know what else is in it, what's the PPO is . Q What about K-35, is that a PCB, if you know? A No, 2565 is not a PCB. Q With the exception of Exhibit K-35 are the other exhibits that I handed you, K-26 through K-36, are they all animal tests involving PCB's that were done by the Younger Laboratory from July 9, 1957 until March 4, 1963? A Yes . Q Who requested that these tests be performed by Younger? A The medical department. The medical department, which is either myself or Mr. Wheeler. Q Monsanto? A Monsanto medical department. 171 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009980 172 1 MR. MCCREA: We would object to this as 2 hearsay. There's no showing that the documents have been 3 peer reviewed. 4 Q (By Mr. Carney) Well, were these reports 5 received by you or by the medical department on or about 6 the date they bear, that's Exhibits K-26 through K-36? 7 A Yes. The documents say tests conducted for 8 Monsanto Chemical Company, St. Louis, Missouri, and they 9 were received by the medical department. We were the only 10 one that sent the material out to Younger Laboratories. 11 Q And Younger Laboratories is an outside 12 laboratory that did the tests for Monsanto? 13 A That is correct. 14 Q Some of these tests involve acute -- or I 15 think they all involved acute toxicity testing. What's 16 meant by acute? 17 A They all involved acute testing. Acute means 18 you see what the immediate response to a large dose is. 19 In other words, when you feed the animal you try to kill 20 the animal, you try to find the dose that kills half the 21 animals. That's a sort of a benchmark that you use in 22 comparing the toxicity of one compound with the another. 23 It's called LD 50. I don't want to confuse the jury but 24 that means lethal dose fifty, and that's what kills half 25 of the animals. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009981 173 1 Q By this kind of testing means you feed enough 2 a compound until you half of them? 3 A Yes. 4 Q And then you found the LD 50? 5 A Yes. 6 Q And that was kind of benchmark that was used 7 back at that time? 8 A Well, it still is. In other words, if you 9 got a product X that's got an LD 50 of two, you've got a 10 product Y that's got an LD 50 of twenty, the higher the 11 lethal dose that it takes, the higher the number is, the 12 less toxic it is. So relatively you would say, yeah, this 13 is from the acute point of view this is l/10th as toxic as 14 product X. 15 Q Are most products, even products that human 16 beings eat, can they be toxic enough to kill you if you 17 get enough quantity? 18 MR. MCCREA: Again, objection. Dr. Kelly is 19 not a toxicologist. There's no showing that he's made any 20 studies of comparative toxicity of any chemical with 21 PCB's, it's contaminants and bi-products. 22 A Question again please? 23 MR. CARNEY: Yes. I'll give you the same 24 objection. 25 Q (By Mr. Carney) Are most compounds or most Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009982 174 1 products, even products that humans consume or eat, can 2 they kill you if you give enough? 3 A You want to start with alcohol, you want to 4 start with aspirins? If you take enough aspirins you'll 5 kill yourself. You take enough bourbon you'll kill 6 yourself. A couple of glasses of bourbon you'll kill 7 yourself. That's water glasses, not shot glasses. 8 Q I think I've seen people have a couple of 9 shot glasses of bourbon. And are most compounds used in 10 the workplace if taken in sufficient quantity, will they 11 kill animals? 12 A Oh, yes. 13 MR. MCCREA: Same objection. There is no 14 foundation as to this doctor's qualifications to discuss 15 relative toxicities, none whatsoever. 16 Q (By Mr. Carney) Well, go ahead. 17 A Yes. All industrial chemicals have some 18 toxicity. It varies in amount. All drugs that people 19 take have toxicities. From a drug you take for heart 20 disease to a drug you take for lowering your cholesterol 21 they have toxic properties if taken in large amounts. 22 Q And do all these drugs, do they all have an 23 LD 50 level? 24 MR. MCCREA: Same objection. Far afield, no 25 qualification to discuss relative toxicities of any Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009983 175 1 chemicals, not even PCB's. 2 A If -- I'm sure they all would have a LD 50 if 3 you ran them. I'm sure they have been run by the 4 pharmacological companies when they started out thinking 5 about using this prescription drug that's the first test 6 you use in a toxicological screening. 7 Q (By Mr. Carney) And why did you reguest 8 these acute toxicity tests be run on PCB's from 1967 to 9 1953? 10 A It was part of our ongoing study of our 11 products. PCB's were not the only compounds we tested 12 this way. There are certainly a lot of other ones and it 13 depends, I think there may have been new products coming 14 out of the research department, there may have been new 15 applications that we just wanted to check it out. 16 Q What, if anything, did you learn from these 17 LD-50's that were reported in these Younger Laboratory 18 tests, K-26 through K-36 with the exception of K-35 which 19 I don't think related to PCB? 20 MR. MCCREA: Same objection. No peer 21 review. 22 A There were no surprises in these tests. The 23 LD 50's were around four milligrams per kilogram, which 24 was roughly around the same as Drinker found in 1937, so 25 they all have around the same toxicity. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009984 176 1 Q (By Mr. Carney) How would you describe that 2 toxicity, is it a mild, heavy - 3 A I don't know he used mild, moderate, a 4 little, or I don't really know how he did it. I forget 5 how he described it. But I would describe it as a mild 6 toxicity. 7 Q Was the information in the Younger testing 8 reports K-26 through K-36 consistent with the opinions you 9 held before you reviewed your reports? 10 A Yes, they were. 11 Q Let me hand you next a large group of 12 documents, these are marked K-37 through K-77 -- I'm 13 sorry, Exhibits K-37 through K-70. I believe there are 33 14 reports. Can you identify - 15 A Give me time. 16 Q Yeah, if you just look through them. 17 A K-37 through K-44 are investigations of 18 various PCB's. They were hydraulic fluids and they were 19 carried out by the Scientific Associates, that's another 20 laboratory in St. Louis. Formerly I believe the two heads 21 were either at Younger laboratory or Younger left 22 Scientific Associates and started his own lab, but they 23 were all the acute tests similar to the ones we described. 24 They also then we go from K-45 all the way down to K-70. 25 These are also the same type tests of functional fluids or Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009985 177 1 hydraulic fluids that I presume -- that are PCB's. 2 Q And are these, these reports are all acute or 3 toxicity testing in various PCB's products, is that right? 4 A Yes, they are. They all are acute testing, 5 some are just limited to oral feedings, some are limited 6 to the battery of the inhalation, eye, skin and oral 7 toxicity. 8 Q And are these tests dated between February 9 19, 1951 through October 19, 1967? 10 A That's correct. 11 Q Did you request that all these tests be 12 performed? 13 A Yes, I did. 14 Q And when you received those reports in your 15 medical department did you review them? 16 A Yes, I did. 17 MR. CARNEY: I think we got a signal we have 18 just got a few minutes to go on the tape and change tape. 19 (Whereupon, a short break was taken.) 20 Q Dr. Kelly, that stack of documents I gave you 21 which were Exhibits K-37 through K-70, those reports, 22 those animal reports about PCB's, why did you request that 23 those tests be made? 24 A For several reasons. One was we had an 25 ongoing program of trying to fill out the niches in our Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009986 178 1 toxicological information about products. We might find 2 that we had done an awful lot of work on 1254 for 3 inhalation. 4 Q 1254 meaning what? 5 A A PCB for inhalation and found out we never 6 tested it whether it was irritating to the eye or not so 7 we would then run this battery of tests which was the 8 acute screening test. Then there were other Aroclors that 9 we may very well not have had acute testing on. 10 Q Again, Aroclors being PCB's? 11 A PCB's. And the third was some of these were 12 entirely new ones out of our research department. There 13 were PCB's and some were PCB's in combination with other 14 fluids and we wanted to see if this affected the acute 15 test dose but I would say the primary reason was we were 16 interested in the toxicology of all our products, 17 especially the PCB's and we did quite a bit of work 18 throughout the years on it. 19 Q When you reviewed these reports, these three 20 three reports, Exhibits K-37 through K-70, did they change 21 your mind about the safe handling of PCB's? 22 A They did not. 23 Q Were they consistent with the opinions that 24 you held regarding that? 25 A Yes, they were. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009987 179 1 Q Let me next show you Exhibits K-71 through 2 K-75 and ask you if you can identify those exhibits? 3 A These were reports from Industrial 4 Bio-Test Laboratory to the Monsanto Company dealing with 5 the subacute dermal toxicity of Aroclor 1221 -- these are 6 all PCB's and subacute means someplace between acute and 7 chronic. In other words, I said acute is a real -- you're 8 testing almost the immediate reaction of the body to a 9 product. 10 The chronic testing is small amount of the product 11 over a period of months or years and subacute falls in the 12 middle, say three months or in the case of skin not quite 13 that much. So anyway it's the testing by skin application 14 of four, three -- five different PCB's run in 1963 for 15 Monsanto Company. 16 MR. MCCREA: Counsel, what numbers were 17 those? 18 MR. CARNEY: Its' K-71 through K-75. 19 Q (By Mr. Carney) Did you request that these 20 tests be performed? 21 A Yes, I did. 22 Q Why did you choose Industrial Bio-Test to do 23 these tests? 24 A Well, they were the preeminent toxicological 25 laboratory in the United States. They were -- Their Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009988 180 1 clients included all the large chemical companies, Dow, 2 DuPont, FDA, U.S. Army, everybody. They were very well 3 highly thought of. 4 Q Were these five reports, K-71 through K-75 5 transmitted to you by Industrial Bio-Test? 6 A That's correct, they were sent to the medical 7 department. 8 Q Did you review those tests on or near the the 9 dates of that respective report? 10 A Yes, I did. 11 Q Was there any information in those reports 12 that caused you to doubt whether PCB's could be safely 13 used in industry if the safe handling precautions were 14 followed that you recommended? 15 MR. MCCREA: Again, we'll object on the 16 basis of hearsay and that there is no showing that this 17 report has been peer reviewed. 18 THE WITNESS: Are you finished? 19 Q (By Mr. Carney) Do you remember the 20 question? 21 A No. But I didn't know if he was finished 22 with his objection. 23 MR. MCCREA: Yes. 24 Q (By Mr. Carney) Let me just give you again 25 the same objection but repeat the question so it's fresh Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009989 in your mind. Was there any information that was contained in these five reports that caused you to doubt whether the various PCB's tested could be used safely in industry if the basic safe handling precautions were followed? A No. There was nothing in there that caused me to doubt or change my mind. Q Were they consistent with the opinions that you held at that time? A Yes, they were. Q Dr. Kelly, let's next look at Exhibits 76 through 81. These are kind of bulky tests, but I'll ask you the same question: Can you identify those exhibits? A Yes. These exhibits are reports to the Monsanto Company by the Industrial Bio-Test Laboratory dated November the 1st, 1971. They deal with three PCB studies in rats and in dogs. Q And these tests were done in 1970? A Well, they ran -- Q The reports are dated 1970? A 1971. Q And were these -- how long a period were these tests conducted for? A Well, the actual feeding is two years. In a two year test, that's what the name implies. It's two 181 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009990 1 years that you feed them, but however you want to get a 182 2 level that you know will cause some pathology, some harm 3 to the animal, so you can see what's happening. So you 4 want a high level, you want a low level that you hope will 5 not show any problems and you want to get one in between 6 that you would like also not to show any problems, so you 7 might take one part per million, ten parts per million and 8 a hundred parts per million. 9 So that when you're fiddling around trying to come 10 out with the level that you are going to use on these 11 animals that might take three or four, five months. Then 12 you add that to the two years actual feeding test, then 13 after you get the animals off the feeding test you have to 14 sacrifice the animals and run pathology slides, 15 microscopic examinations of all the tissues. 16 And that's where the bottleneck comes, that could 17 be three months, six months, nine months, so when you're 18 talking about a two year testing if you get out of it in 19 three years you're very fortunate, so I think these -- we 20 must have authorized it sometime 1968. 21 Q And when you said these were two years 22 feeding tests, does that mean these animals were feed 23 PCB's every day? 24 A Every day, whether it was five days a week or 25 seven days a week, but - Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009991 183 1 Q Did you request that these studies be 2 performed? 3 A Yes. 4 Q Why did you request that these longer two 5 year feeding studies of PCB's on animals be done? 6 A Well, there was no information in the 7 literature, no information any place on the long term 8 effects of small amounts of -- the effects or lack of 9 effects of long term exposure or absorption of PCB's. 10 Q Was it about this time that -- or do you 11 recall when it was discovered that PCB's persisted in the 12 environment or caused an environmental problem of any 13 kind? 14 A Late sixties, whether it was '65 or '66, 15 something around that to the best of my impression, best 16 of my knowledge it was discovered in Europe at that time 17 and I think it was discovered in the United States a year 18 later or so. 19 Q And just briefly I think I'm going to -20 Well, let me cover the environmental question a little 21 later on. Let me talk a minute -- I believe Mr. McCrea 22 mentioned and you I think even mentioned the Yusho 23 incident in Japan. Are you familiar with that? 24 A Will I get rid of this? 25 Q Yeah. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009992 184 1 A Yes. 2 Q What was that incident? 3 A Well, in Japan there was a heat exchange 4 arrangement for cooking or processing rice oil. That heat 5 exchange system is you have a fire out here, you have a 6 closed system with a fluid, a heat exchange fluid in it, 7 it goes into here into the vessel that you want to warm 8 up, or heat up, and that's not supposed to leak, but 9 unfortunately it did leak. So that this material that was 10 hot, which happened to be a Japanese PCB, Kanechlor was 11 the name of it. 12 Q It wasn't a Monsanto PCB? 13 A It was not. It leaked into this oil, this 14 rice oil. This rice oil was sold in a particular area of 15 Japan and it was used in cooking. I don't exactly know 16 whether they cooked vegetables or soybean cakes or what, 17 but anyway it was used in cooking. 18 Q So PCB oil was used in cooking in a certain 19 area of Japan? 20 A Inadvertently of course. 21 Q Of course. 22 A It was in the rice oil, there was rice oil 23 that contained PCB's, and an awful lot of people got sick, 24 a thousand people. 25 Q Did they actually then eat the PCB oil, is Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009993 185 1 that what happened? 2 A Oh, yes, it was absorbed in whatever they 3 were cooking, and it created quite a problem, and an awful 4 lot of investigation carried out by the Japanese. So 5 after a lot of investigation they find out that the 6 process of heating the Japanese PCB's in the heat 7 exchanger followed by heating the contaminated rice oil 8 had caused formation of products called dibenzofurans. 9 Q Or for short I think furans? 10 A Furans, DBF, or furans, yes. 11 MR. MCCREA: To which we will object as 12 hearsay. 13 Q (By Mr. Carney) Go on, Doctor. 14 A So this -- Well, that's what happened, these 15 people developed chloracne, they developed reproductive 16 problems, they had children with bad -- with early changes 17 in their teeth, they had a number of problems. 18 Q Was there anything in the -- I take it there 19 was articles written about this Yusho incident in Japan? 20 A Oh, yes, Japan, then in the United States, 21 first Japan for quite a few months and after a year or so 22 the articles started to be translated, the articles 23 started coming over and being published in the United 24 States literature. 25 Q Do you recall about when the articles were Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009994 186 1 published in English about this Yusho incident? 2 A Late sixties, I would gather. 3 Q You sure about that? 4 A No. I'm not sure. 5 Q Okay. 6 A I mean, I can find it out. It's documented, 7 but I'm not sure off the top of my head. 8 Q Because I think Dr. Kimbrough said in her 9 studies that the -- 10 MR. MCCREA: I object to Counsel -- 11 MR. CARNEY: Just a minute. I haven't 12 finished my question. 13 MR. MCCREA: I'm going to object. 14 MR. CARNEY: Well, just a minute, as soon as 15 I finish my question you can object as long as you desire. 16 Q (By Mr. Carney) The reason I say that about 17 the date when it was published in English is that Dr. 18 Kimbrough in one of her studies said that the Yusho study 19 was published in 1984? 20 MR. MCCREA: 1984? 21 A '84, no. It was long before that. 22 Q (By Mr. Carney) Was it? 23 A Oh, sure. 24 MR. MCCREA: I'm going to object to Counsel 25 attempting to coach the witness as to what the answer to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009995 187 1 the question is. 2 MR. CARNEY: Well, if I attempted to coach 3 him I wasn't very successful. 4 MR. MCCREA: Either the witness knows or he 5 doesn't know. 6 THE WITNESS: Well the witness can find out. 7 It's a very simple matter. 8 Q (By Mr. Carney) One of the documents that we 9 looked at was Dr. Kimbrough's article, Exhibit K-7 and 10 just take a look at the last sentence on the first column 11 there. Would you read that into the record? 12 A Yes. It said here, "The outbreak occurred in 13 1968, and the second outbreak occurred in Taiwan in '79. 14 The outbreak in Taiwan repeated what had occurred ten 15 years earlier in Japan. Many studies of these outbreaks 16 have been published in Japanese and Chinese. In 1984 some 17 of these information in these reports were published in 18 English in the American Journal of Industrial Hygiene and 19 Medicine." Well, they devoted a whole issue to it, but I 20 don't believe that was the first information in the 21 English literature. 22 Q Okay, at any rate did you review the 23 literature that was published about the Yusho incident and 24 then later on Taiwan? 25 A Yes, I did. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009996 188 1 Q Where the people ate PCB's? 2 A That's correct. 3 Q And was there any information about the cause 4 of the problems the people had when they -- as to the 5 reason the people had the problems they had when they ate 6 the PCB's? 7 MR. MCCREA: To which I will object unless 8 Dr. Kelly is able to identify the articles, date of 9 publication and author with respect to the question 10 addressed to him; because otherwise it would again be 11 impossible to cross-examine the witness. He has stated 12 that he has reviewed the literature, so I would assume 13 it's not too difficult for him to do? 14 THE WITNESS: Well, it's not too difficult 15 for me to get, certainly not. It may be a little 16 difficult for me to give the dates. I could find it out, 17 that's no great problem. 18 A But to answer your question, yes, it was 19 decided by the Japanese scientists and written up in the 20 published literature and accepted by all the majority of 21 the scientific thinking that the cause was the presence of 22 furans in the PCB's that caused the problem, and the 23 furans went into the PCB's because of the heating process 24 both in the heat transfer agent as well as the cooking by 25 the housewife. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009997 189 1 MR. MCCREA: Again, for the purpose of 2 clarity, I understand the doctor's testimony; there is no 3 year given, no article. It's simply impossible for us to 4 cross-examine him on this point, understanding that he 5 very well may not be at trial and this is our only 6 opportunity. 7 Q (By Mr. Carney) Well, can you recall which 8 article or which approximate year you read this 9 information? 10 A No. But I don't have -- I can't tell you 11 directly, but I can very probably have it tomorrow. 12 Q Well, we might try to do that. You mentioned 13 that it was the furans in the PCB's that was causing the 14 problems in people that many ate PCB's in Japan and 15 Taiwan, were those quantities of furans in the Monsanto 16 PCB's, were they the same as the furans in the PCB's that 17 these -- Japanese PCB's that these people ate? 18 MR. MCCREA: To which we'll object for the 19 reason that Counsel has not asked any questions regarding 20 this witness' study of or direct knowledge of the 21 quantities of furans in the PCB's manufactured by 22 Monsanto. Furthermore, Counsel has not asked any 23 questions with regard to the testing of PCB's in a similar 24 situation to that in Yusho and Taiwan which involved heat 25 and therefore there is no foundation information for this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009998 190 1 witness to give a comparison of furans in Monsanto's PCB's 2 compared to furans in the Kanechlor PCB's manufactured in 3 Japan. If he has knowledge of levels of furans, knowledge 4 of tests involving heat and he can specify that, 5 preferably provide the documents then that's the proper 6 foundation. 7 Q (By Mr. Carney) Let me withdraw that 8 question for a minute and ask you this, Dr. Kelly: Has 9 there ever been to your knowledge an incident where people 10 had eaten Monsanto PCB's? 11 A Not that I know of. 12 Q Is there anything in the published literature 13 that you have seen where there was an incident like in 14 Japan or Taiwan where they ate PCB's in large quantities? 15 MR. MCCREA: Objection, leading. Large 16 quantities ? 17 Q (By Mr. Carney) Or small quantities. 18 MR. MCCREA: I have no idea what you're 19 referring to. 20 A Well, there are reports of course of PCB 21 being present in fish. There are reports of PCB being 22 present in milk in a tenth of a part per million, 2/10th's 23 of a part per million and the federal government has put 24 out allowable limits of the PCB's, a safe limit of PCB's 25 in milk, milk, which is the sacred cow of the Food and Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000009999 191 1 Drug Administration. 2 We know that there are levels in fish in the Great 3 Lakes and in the Mississippi River. There's a small 4 amount, but at no time has there been anything like the 5 amount of PCB's that were in the Japanese Kanechlor after 6 the heating in the heat transfer, the leaking -- 7 Q The Yusho incident? 8 A The Yusho incident, yes. 9 Q And is there any comparison with regard to 10 the furan levels in the Japanese PCB's that the people ate 11 in Yusho compared to the Monsanto PCB's? 12 MR. MCCREA: Again, same objection. First 13 the question needs to be addressed is he familiar with any 14 data, if so, when did he see the data, who produced the 15 data. We're just jumping to a conclusion. There is no 16 information whatsoever that this witness has any knowledge 17 of the furan content of the Monsanto's PCB's, particularly 18 under the circumstances of heating. There's no 19 information. 20 Q (By Mr. Carney) Do I need to restate the 21 question? 22 A I think you better. 23 MR. CARNEY: I'll give you the same objection 24 and I'll try to restate it. 25 Q (By Mr. Carney) Doctor, is there any Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010000 192 1 relationship between the amount of furans found in the 2 Yusho incident and the Japanese PCB's and the Monsanto 3 PCB's ? 4 A There were enormously higher in the Japanese 5 Yusho incidents; but the PCB's, furans in the PCB's that 6 were used in Yusho by the Japanese housewives contained a 7 much, much, larger quantity of P -- of furans than the 8 Monsanto product in the United States. 9 Q What do you mean by much larger? 10 MR. MCCREA: Same objection. 11 A A magnitude of ten to twenty. I could get 12 the figures, I don't have them. 13 Q (By Mr. Carney) It's at least that much? 14 A Oh, yes. 15 Q Did the National Cancer Institute ever do any 16 studies of PCB's to your knowledge? 17 A Yes. 18 Q Could you describe those? 19 A They did a two year testing with PCB Aroclor 20 1254 . 21 Q And what were the results of that study? 22 MR. MCCREA: Objection, unless the document, 23 author and date of publication is identified in order that 24 we may have a meaningful cross-examination as to the 25 question. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010001 Q (By Mr. Carney) Go ahead. A The question again? Q What were the results of the National Cancer Institute study on PCB Aroclor 1254 that you mentioned? A They said according to the National Cancer Institute as they published in the journal, I believe, of the National Cancer Institute stated that according to the parameters of their experiment, 1254, which is a PCB, could not be a carcinogen to rats. Q And I believe we briefly mentioned that Dr Kimbrough did some two year feeding studies of rats on Aroclor 1260, is that correct? A That's correct. Q Do you recall approximately when those tests were done? A In the fist couple of years of 1970 I believe, around that, give or take a year or two Q Early 1970's? A Or very late -- Yes, I think early 1970's. Q And 1260, is that a high or low chlorinated PCB? A It's high chlorinated, it's chlorinated to 60 percent. Q Is that more toxic then than a 1254 Aroclor or something lower than than 1260? 193 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010002 194 1 MR. MCCREA: Objection, again there is no 2 foundation information that this witness has any knowledge 3 with regard to the relative toxicity of Aroclor 1260 4 compared to any other mixtures manufactured by Monsanto or 5 anyone else. 6 Q (By Mr. Carney) Do you recall the question? 7 A I just cannot follow you and keep one eye on 8 the other counsel. 9 Q (By Mr. Carney) I understand, it's 10 confusing. Can you tell me is Aroclor 1260, can you tell 11 me whether it's more toxic or less toxic and the other 12 PCB's. 13 MR. MCCREA: Same objection, Counsel? 14 MR. CARNEY: Same objection. 15 A Well, that requires a little bit of 16 explanation. We have been talking about carcinogenesis, 17 we have been talking about ability to cause cancer. 1260, 18 has been shown in animals to cause cancer of the liver, 19 there are various discussions about how much or how 20 little, but anyway the other Aroclors, the other PCB's 21 that are not chlorinated to the extent of 1260 such as 54, 22 42 have never been shown to cause cancer in animals. When 23 you talk about animals -- if we're talking about humans 24 PCB's have not been shown to cause cancer in any human 25 person. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010003 195 1 Q Any PCB? 2 A Any PCB, period. Now we get down to 3 toxicity, Aroclor 1260 is a higher boiling material, so 4 that if you have them the same temperature you do not get 5 as much of the PCB in the air as you would of 1242, so 6 that from that point of view the lower chlorinated 7 compound is more toxic. 8 Q In terms of - 9 A But per se by itself, usually when you 10 increase the chlorination you get higher toxicity. The 11 Treon work showed that the 1254 was more toxic than 1242, 12 so 1260 may or may not be, depending on how you view 13 toxicity. 14 Q (By Mr. Carney) Well, with regard to - 15 MR. MCCREA: I didn't get the name, he said 16 the something showed the 12 - 17 THE WITNESS: Treon, T-r-e-o-n. You have the 18 papers. 19 MR. MCCREA: Thank you. 20 Q (By Mr. Carney) Dr. Kelly, with regard to 21 cancer in animals now you said that the Aroclor 1260 is 22 the only PCB that's been shown to possibly cause cancer in 23 animals, at least in rats? 24 MR. MCCREA: Object to the leading nature of 25 the question and use of the word possibly. The tests were Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010004 196 1 done by Renate Kimbrough, he's described her credibility 2 and reputation evidently with which he agrees; I never 3 heard the word possible. 4 Q (By Mr. Carney) Well, Dr. Kelly, Aroclor 5 1260 is the only PCB you're aware of that might cause 6 cancer in rats? 7 A That is correct. 8 Q And it's never been shown to cause cancer in 9 humans ? 10 A That is correct. 11 Q And Dr. Kimbrough -- Well, was Aroclor 1260 12 to your knowledge ever used in capacitors? 13 A Never was. 14 Q And the tests that Dr. Kimbrough did in the 15 early 1970's what did that show with regard to the Aroclor 16 1260? 17 A It showed that after two year feeding of 18 Aroclor 1260 her animals developed what she claimed to be 19 malignant tumors of the liver. There was quite a 20 discussion about this between people that looked at our 21 slides and people that looked at her slides. We gave her 22 our slides because we had tested 1260 for a period of two 23 years, which was the same as hers and came out with 24 different results. 25 The upshot was we sent her slides along with ours Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010005 197 1 to two different groups, one was a Dr. Pavis Pour, 2 P-o-u-r, at the Aetna Institute of Cancer at the 3 University of Kansas Medical School as well as to Dr. 4 Gordon Richter at the Northwestern University Department 5 of Pathology. They did not agree with Dr. Kimbrough in 6 all her cases. In fact, they did say that some of the 7 cases were malignant but the vast majority that she 8 claimed were not. 9 I have not talked to Dr. Kimbrough about what she 10 thought about our slides, whether her pathologist thought 11 we had overlooked our slides but we also sent our slides 12 over to Pour and Gordon Richter and they didn't find any 13 cancer in ours. Other workers have found what they 14 believe to be cancers of the liver also working with 1260 15 outside of Kimbrough. 16 Q Dr. Kimbrough did these tests and found some 17 liver cancers in rats in 1973, what was Dr. Kimbrough's - 18 this same doctor's conclusion with regard to the health 19 effects of PCB's on humans. 20 MR. MCCREA: Just a second, Doctor. I'm 21 going to object for the reason in the question it is not 22 prefaced as to whether or not the opinions of Dr. 23 Kimbrough are based upon standards of scientific certainty 24 or scientific probability. It's not established in the 25 question and it's highly relevant with respect to the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010006 198 1 standards in the court. 2 A I think this is getting so technical I would 3 like to read Dr. Kimbrough's statements again from her two 4 papers that I read earlier. This is now the same Dr. 5 Kimbrough that we have been talking about for the last few 6 minutes and she states in her paper in Annals of Review of 7 Pharmacology and Toxicology, 1987 and Mr. McCrea that is 8 on Page 106 and it says, "In conclusion various toxic 9 effects of PCB's have been described in laboratory 10 animals. In humans acute poisoning outbreaks have only 11 occurred following exposure to a combination of PCB's and 12 PCDF's. When humans were exposed only to PCB's they only 13 observed acute effects of general or minor. So far no 14 chronic effects have been casually associated with 15 exposure to PCB's." 16 Now we turn to her latest paper which is August of 17 1988 in the Health and Environment Digest. Feature 18 article, that says, "Thus, despite" -- on page 04 -- "Thus 19 despite positive laboratory animal data and except for 20 chloracne exposure to PCB's has led to no convincing 21 clinical demonstrable clinical health effects in humans." 22 And I'm sure as she says up there she would consider 23 cancer a chronic health effect. 24 Q (By Mr. Carney) And those two articles you 25 just read from were long after she had found some cancer Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010007 199 1 in the livers of laboratory rats? 2 A Oh, yes. She found them in '72 or '73. 3 These are 1987 and 1988. 4 Q Dr. Kelly, have you known a Dr. von 5 Oettingen? 6 A Yes, I do. I have, rather. 7 Q And she's a - 8 A It's a he. 9 Q It's a he? 10 A William von Oettingen. 11 Q And was he a well known Ph.D and 12 toxicologist? 13 A Yes. I believe he also was an M.D. He 14 certainly was very well-known. He worked for the 15 government a great amount of time. I don't know what work 16 he did in Germany before he came over here. Then went to 17 work with DuPont as head of the Haskell Laboratories of 18 Toxicology. He was also a consultant for various firms. 19 Q Let me show you Exhibit 82 and ask if you can 20 identify that? 21 A Yes. This is an article, a medical research 22 project No. MR-46, The Toxicity and Potential Dangers of 23 Inerteen, which we referred to earlier, that's the 24 trademark for the transformer fluid of Westinghouse. 25 Q PCB? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010008 A A PCB, submitted by Dr. von Oettingen, he is both a PhD and an M.D. from the Haskell Laboratory of Industrial Toxicology at Wilmington, Delaware, and on it it has Westinghouse Electric and Manufacturing Company, East Pittsburgh, PA, Industrial Hygiene Laboratory, file copy. The date of this article or report is 3/28/38. Q What's the title of the article? A The Toxicity and Potential Dangers of Inerteen. Q What type of testing did Dr. von Oettingen do on Inerteen on or before 1938? A He fed rats, he - MR. MCCREA: Objection, unless the testimony is related to the document and not hearsay. I presume it's related to the document. A Well, there's no page on this, but it's an Exhibit GBRN 003094, which is is second page following the title page. It has Dr. von Oettingen's name at the top of the page so I would presume it came from his laboratory. Q Go ahead, it's in the report then? A And it says here he fed it rats. Q And -- A Wait, I want to see what else he did. He also fed trichlorobenzene, which is an ingredient in Westinghouse's transformer fluid. Then he applied the 200 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010009 201 1 Material Inerteen to the skin of rats of -- Yes, still 2 rats. Then he had vapor, acute vapor studies at elevated 3 temperatures, also rats. 4 MR. MCCREA: Doctor, if you can, could you 5 give us just the last two digits on the page, the dates? 6 A Well, the inhalation was 3101 of vapors, skin 7 application was 3100, the trichlorobenzene was 3908. 8 Q (By Mr. Carney) Doctor, does he outline or 9 recommend minimal -- a maximum allowable air 10 concentration of Inerteen in the work place and I'll 11 direct you to page 3106, and does he respond to that in 12 his report? 13 A I'll have to read it. 14 MR. MCCREA: What page? 15 A 3106. He says, "Repeated inhalation for 16 short periods of five milligrams of Inerteen vapors per 17 liter per air," that's pretty big, that's five grams per 18 cubic meter, "or repeated inhalation for eight hours of 19 0.05 or 0.09 per liter of air caused no definite injuries 20 to the rats. He also says on page 3107 he said, "From the 21 animal experiments reported it appears that low 22 concentrations, below 0.05 milligrams per liter of air 23 will cause no toxic signs or symptoms even with continued 24 exposure. 25 Then he goes onto say, "Regarding preventive Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010010 202 1 measures the following may be suggested. It appears to be 2 of paramount importance that contamination of air be 3 reduced to concentrations below .05 milligrams per liter 4 by adequate forced ventilation at the site of the 5 production of vapors. Greatest personal hygiene is no 6 less important." 7 Q (By Mr. Carney) Does he say to avoid skin 8 contamination? 9 A Yes. He said -- Now that's the personal 10 hygiene, of course, contamination of skin should be 11 avoided by wearing proper protective garments such as 12 gloves, caps, overalls, skin should be kept clean. 13 Q Dr. Kelly, did Westinghouse have a medical 14 director during the time that you were the Monsanto 15 medical director? 16 A Oh, they had one who was -- he was a tower in 17 the industrial medical field, Dr. T. Lyle Hazlett. He was 18 one of the original pioneers, he was a very well-known 19 person. 20 Q To your knowledge did Westinghouse have 21 knowledge on the subject of toxicity and safe handling 22 precautions for Inerteen the Westinghouse PCB? 23 MR. MCCREA: To which I will object. There 24 is no showing that this witness has any personal knowledge 25 of what Westinghouse knew. It would be pure speculation Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010011 203 1 at this point. 2 A Yes, they did. I have talked to Hazlett 3 about it. 4 MR. MCCREA: And for the further reason that 5 this is hearsay. 6 Q (By Mr. Carney) What did you talk to him 7 about? 8 MR. MCCREA: Just a second, Dr. Kelly. We 9 object to this for the reason that this is hearsay, Dr. 10 Hazlett is not here to be cross-examined as to the 11 conversation and it is again literally impossible for the 12 plaintiffs to the contend with hearsay information, i.e., 13 to cross-examine. 14 A Well, I talked to him in general about PCB's 15 and he was extremely knowledgeable about it, he knew more 16 than I did. 17 Q Did -- 18 A In addition we've sent material to their 19 industrial hygienists. 20 MR. MCCREA: Not responsive, and object to 21 the volunteer information. 22 Q (By Mr. Carney) Did Monsanto -- How did they 23 make the Inerteen for Westinghouse? 24 A Well, they made the PCB's at East St. Louis 25 or at Anniston and then added the trichlorobenzene at Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010012 204 1 presumably East St. Louis. I don't believe they added at 2 Anniston. 3 Q Whose specifications were they for the making 4 of Inerteen PCB's? 5 A Westinghouse. 6 Q Was Westinghouse a large company? 7 A Was and is. Second largest electrical 8 company in the United States. 9 Q Do you know -- Well, I think you indicated 10 that Westinghouse employed industrial hygienists? 11 A That is correct. 12 Q Did you know any of the industrial 13 hygienists ? 14 A Yes, I knew Speicher. 15 Q Did you know him to be someone respected in 16 the area as an industrial hygienist? 17 A Yes, he came from one of the states, I don't 18 know if it was Ohio or if it was one of the major 19 manufacturing states, before he went to Westinghouse he 20 was a well-known, respected industrial hygienist. 21 Q Did you have any discussions with him telling 22 him about PCB's. 23 MR. MCCREA: Again plaintiffs object on the 24 basis of hearsay? 25 A I don't recall if I did. That discussion Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010013 205 1 would probably have been carried out be our industrial 2 hygienist himself. 3 Q (By Mr. Carney) Do you have knowledge as to 4 Speicher's knowledge with regard to the Inerteen or PCB's? 5 MR. MCCREA: Again, this is beyond hearsay 6 with absolutely no way to pinpoint the source of the 7 knowledge, it would be hearsay three or four times 8 removed, who knows? 9 A I have seen communications from members of 10 our department to Dr. Speicher, I've seen the carbon 11 copies of them. 12 Q (By Mr. Carney) Indicating what? 13 A Indicating - 14 MR. MCCREA: Again, just a second please, 15 Doctor. The document is not in the evidence, we don't 16 know the date, we don't know what's in the document. He's 17 going to describe something which we can't possibly 18 cross-examine, there's no identification of the document. 19 Q (By Mr. Carney) Well, let's get to the 20 documents. Take a look at Exhibit 83. I'll ask you if 21 you can identify Exhibit 83? 22 A That is a document written be Elmer P. 23 Wheeler, who is an assistant director of the medical 24 department of Monsanto Company whom I hired, whom I know 25 and even though Monsanto Company does not show up on this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010014 206 1 particular paper I know it came in Monsanto, because I 2 know Mr. Wheeler worked there, having hired him. It was 3 dated October the 23rd, 1959 to Mr. Speicher in which he 4 explains - 5 MR. MCCREA: Can I interpose an objection? 6 Excuse me, Doctor. He knows that Dr. Wheeler worked for 7 Monsanto, but there is no showing that he has seen this 8 document, he saw this document - 9 MR. CARNEY: Just a minute. Let me ask him 10 the question, that will clarify it. 11 Q (By Mr. Carney) Was this Exhibit 83 a letter 12 that was sent to Westinghouse on or about October 23, 13 1959? 14 A Yes, it was. 15 Q I notice it doesn't have a signature. Would 16 that indicate anything to you? 17 A Well, nobody that I know of in business ever 18 signs a carbon copy. These are the file copies. 19 Q This is a copy of the letter that was sent to 20 Dr. Speicher by Dr. Wheeler? 21 A That's correct. 22 Q And would you -- What information did Mr. 23 Wheeler at Monsanto give to Mr. Speicher, the industrial 24 hygienist to Westinghouse in this letter of 1959. 25 Q (By Mr. Mccrea) Excuse me, Dr. Kelly. The Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010015 1 document has not been authenticated, it has not been 207 2 identified as Monsanto document. It is granted that 3 there's a date on the document and there are names on the 4 document but it's not been identified as one having been 5 sent to Speicher. Other than the information on it there 6 is no -- this witness has no personal knowledge of this 7 having been sent to Speicher. 8 MR. CARNEY: Well, he just tested that it 9 was sent, and that he knows it was sent and it shows it 10 was from Dr. Wheeler, Assistant Director of the Medical 11 Department. 12 Q (By Mr. Carney) Was Dr. Wheeler in 13 October - 14 A Mr. Wheeler. 15 Q I'm sorry, Mr. Wheeler in October of 1959 the 16 Assistant Director of the Medical Department at Monsanto? 17 A That's correct. 18 Q Was he the Assistant Director of the Medical 19 Department in any other company or organization to your 20 knowledge? 21 A No. 22 MR. MCCREA: There's been no testimony that 23 he knows the document was sent? 24 A Ask it. 25 MR. CARNEY: Well, I already asked so I won't Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010016 208 1 ask it again so I wouldn't repeat anything. Let me go on. 2 Q (By Mr. Carney) Dr. Kelly, can you tell me 3 what was pointed out to -- by Mr. Wheeler at Monsanto to 4 Mr. Speicher, the industrial hygienist at Westinghouse in 5 this October 1959 letter. 6 MR. MCCREA: Objection, no authentication. 7 A Repeat please? 8 Q (By Mr. Carney) Can you tell the jury what 9 Mr. Wheeler pointed out to the Westinghouse industrial 10 hygienist, Mr. Speicher, in October of 1959 in this letter 11 that's marked K-83? 12 A Yes. He -- first of all he told him that, 13 told him what was in the Westinghouse product. I would 14 imagine that Mr. Speicher would know what was in his own 15 product, buy anyway we told him. We then gave the 16 physical and chemical properties of Aroclors, the PCB's 17 they were in pages four and five in the enclosed Aroclor 18 bulletin. 19 Then we sent him a reprinted bulletin including the 20 results of chronic toxicity studies with Aroclor 1254 and 21 1242, both of which have been submitted as exhibits in 22 this deposition. Then it appears that there was some 23 questions that Mr. Speicher wanted to ask, so we said we 24 believe that prolonged repeated skin contact with any of 25 the Aroclors should be avoided for two reasons. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010017 209 1 Q Again Aroclors being PCB's? 2 A That's right, he explained -- You want me to 3 read the whole thing, it's three pages. 4 Q Well, no. I don't think we need to read it 5 all. Let me point it a couple things. Read the third 6 paragraph, third sentence in that last paragraph on page 7 1, starts out "Secondly." 8 A Who? 9 Q Read the third sentence? 10 A "Secondly itis possiblethat prolonged or 11 repeated skin contact could lead to chloracne." 12 Q Go on? 13 A I know of only two caseswhere such 14 experience is developed during the long history of 15 production and use of the Aroclors. In one case the 16 Aroclors has been used has a heat transfer medium in a 17 system that allowed vapors to escape where the material 18 was heated to 600 degrees F." Go on? 19 "Second case of mild acne about which we have any 20 knowledge resulted from workmen dipping their hands in 21 Aroclor as if it it were mineral or vegetable oil. In 22 addition the clothing sooner or later being impregnated 23 with the material and the exposure was magnified." 24 Q Okay, I don't think we need to go through the 25 whole letter. Why don't you read the last paragraph from Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010018 1 page 2 or page 3? 210 2 MR. MCCREA: I'm going to object to reading 3 the document. Document speaks for itself, there's just no 4 showing that the author of the document, who is not even a 5 Ph.D. or a doctor had any basis for the information 6 contained in the document. It is hearsay from the 7 standpoint that there is no way to determine the validity 8 of this information. 9 Q (By Mr. Carney) Go ahead. 10 A Want me to read the last page? 11 Q Yeah. 12 A "I've been toldthat your company has some 13 twenty-five, twenty-five years experience with the 14 products discussed above, it was suggested that Mr. James 15 B. Ford, manager of transformer manufacturing engineering 16 at your Sharon plant could be a source of information 17 regarding experience with Inerteen PPO." 18 "Similarly Mr. R.B. Marbury of the Bloomington, 19 Indiana plant has been associated with the use of Aroclor 20 1242. Perhaps you've already discussed potential exposure 21 with these two gentlemen. If so I'd be interested in 22 learning of their practical experience with these 23 products." 24 Q And then read the final sentence? 25 A "I look forward to seeing you in Pittsburgh Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010019 211 1 next week." 2 Q Let's take a look at Exhibit K-85, ask you if 3 you can identify that document - 4 A This is a document -- What is that last 5 document? This was a document dated February the 12th, 6 1969. It appears we had a reorganization of titles of 7 medical appointment and Mr. Wheeler was called Manager, 8 Environmental Health, Medical Department. It's a letter 9 by him, dated February 12, '69 to a Dr. or Mr. -- I'm not 10 sure, Senior Bindschaegler, safety -- probably Dr., Safety 11 Administrator, Westinghouse Electric Company, Pittsburgh, 12 Pennsylvania 15325. "Dr. Bindschaegler - 13 MR. MCCREA: I'm going to object to this 14 document. 15 Q (By Mr. Carney) Let me just, let him finish 16 identifying it? 17 A Yes, this is a letter from Mr. Wheeler to Dr. 18 Bindschaegler. 19 Q Was this a letter that was sent by Monsanto 20 to Dr. Bindschaegler at Westinghouse? 21 A Yes, it was. 22 Q On or about February 12, 1969? 23 A Yes, it was. 24 MR. MCCREA: I'll object. There's no 25 showing that the witness has personal knowledge that this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010020 212 1 letter was sent or received or any circumstances 2 surrounding the letter including any sources referenced. 3 It's hearsay. 4 Q (By Mr. Carney) And again, Dr. Wheeler was 5 in your - 6 A Mr. Wheeler. 7 Q I'm sorry, Mr. Elmer Wheeler was in your 8 department at the time this letter was sent? 9 A That's correct. 10 A Mr. Bindschaegler was the safety director at 11 Monsanto in the the general office at the same time. 12 Q And what is the substance of Dr. -- I'm 13 sorry, of Mr. Wheeler of Monsanto's letter to Westinghouse 14 in February of 1969? 15 MR. MCCREA: Objection, no authentication. 16 A He is talking about chlorinated diphenyl, a 17 PCB, as a heat transfer agent. That would be Aroclor 18 1254. He enclosed the Hygienic Guide Series published by 19 the American Industrial Hygiene Association, which 20 discussed the toxicity and safe handling of this class of 21 compounds. And there's a report of reprinted animal 22 toxicity in two of the chlorinated biphenyls. 23 He also sent the medical department a statement 24 summarizing the toxicity and safe handling of Therminol 25 fluids. He gave the threshold limit for PCB chlorinated Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010021 213 1 to 54 percent .5 milligrams per cubic meter of air, and he 2 also stated, this last paragraph, "I am sure you know that 3 your company has many years of experience in handling and 4 using chlorinated biphenyls as electric transformer 5 fluids 6 Q Chlorinated biphenyls being PCB's? 7 A PCB's. "It is possible your experience is 8 wider than ours in terms of exposure levels in a users' 9 plants as compared to our manufacturing facilities." 10 MR. CARNEY: I've gotten the signal our tape 11 is about to run out, so why don't we take a brief break. 12 (Whereupon, a short break was taken.) 13 Q (By Mr. Carney) Dr. Kelly, let me hand you 14 Exhibit K-86 and ask you if you can identify that 15 document? 16 A This is a document by Mr. Elmer Wheeler, 17 Manager of Environmental Health of Monsanto to Mr. 18 Speicher, headquarters, Industrial hygiene, Westinghouse 19 Electric Company, East Pittsburgh, P.A. 20 Q Was this a letter sent from Monsanto to 21 Dr. -- or to Mr. Speicher at Westinghouse on or about 22 March 5, 1969? 23 A Yes, it was. 24 Q And that's a copy of the letter that was 25 sent? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010022 214 1 A That is correct. 2 Q Is -- what is Mr. Wheeler of Monsanto doing 3 or sending in that letter? 4 A What's he doing? He's sending two copies, 5 obviously in the second paragraph he talked on the phone 6 earlier to Mr. Speicher, appears that Mr. Speicher wanted 7 two copies of a publication on Dr. Treon's work so he sent 8 it to him. I don't know, I have no comment or know 9 nothing about what is written in the third paragraph. 10 Q Let me show you Exhibit 87, K-87. Can you 11 identify that document? 12 A This is a document by Elmer Wheeler to a Dr. 13 Sloat, Manager of Materials, Transformer Division, 14 Westinghouse Electric in Sharon, Pennsylvania, dated April 15 28th, 1970, and it appears he sent him a copy of the 16 status of the animal toxicity studies with PCB's. He 17 states, "That you recall I gave a copy of this status to 18 each of your two associates but he didn't have available a 19 third copy when you were here," so it appears that there 20 were three people from Westinghouse seeing Mr. Wheeler in 21 April of '70. 22 Q And three people from Westinghouse got these 23 PCB animal toxicity - 24 A Two of them got it and then Sloat got his by 25 mail. Looks like two of them carried it away. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010023 215 1 Q And it shows a blind copygoing to - 2 A Papageorge. 3 Q Who was he? 4 A He was the man involved inthe environmental 5 aspects of the PCB. He was a plant manager of the 6 Anniston plant where they manufactured PCB and he was 7 brought up to St. Louis to manage the environmental 8 aspects of PCB. For a long time Wheeler was doing it, and 9 I finally said, "Look Wheeler's got other jobs. Get one 10 of your own people to do all this work." 11 Q And was this a letter, K-87, that was sent to 12 Westinghouse on or about April 28th, 1970? 13 A That's correct. 14 Q Dr. Kelly, if the Westinghouse workers at 15 Bloomington had followed the safe handling instructions 16 provided by Monsanto in the bulletins and labels and 17 correspondence that we just discussed, in your opinion to 18 a reasonable degree of medical certainty could the various 19 PCB products utilized by those Westinghouse workers at 20 Bloomington be used without ill effects. 21 A Yes. They could be used without ill effects. 22 Q Would the same be true of the workers at the 23 Muncie Westinghouse plant at Muncie, Indiana Westinghouse 24 plant? 25 A Wherever they use PCB's if they followed Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010024 216 1 those instructions that we had as for as safe handling 2 conditions -- procedures rather, they could, could be used 3 very safely. 4 Q Dr. Kelly, were the various medical and 5 scientific articles related to toxicity and safe handling 6 of PCB's which we have discussed such as the Smith 7 article, the Drinker articles and the Treon article in 8 1956 were they readily available in the public domain to 9 companies like Westinghouse or anyone else that carried 10 out research about PCB's? 11 A Oh, yes. 12 Q In the case of the doctor -- in the case of 13 the Treon studies those were actually sent by Monsanto to 14 Westinghouse? 15 A Yes, but they were published long before 16 that. 17 Q Doctor, I'd like to now turn for just a few 18 minutes and I'm getting close to the end, to the discovery 19 of PCB's in the environment, I think you said that 20 occurred late 1966 or early 1967? 21 A That's correct. 22 Q Was that -- Did Monsanto learn about that at 23 that time, in that time period? 24 A Well, they learned about it first in the 25 newspapers, in either the newspapers in the United Kingdom Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010025 217 1 in England or in the continent of Europe and -2 Q When we say that the PCB's were first found 3 in the environment in late 1966 or early 1967 what do you 4 mean by PCB's were found in the environment? 5 A Well, they found it in feathers of birds, 6 they found it in the bottom of rivers, they found it in 7 soil. You most remember that about that time there were 8 advances in analytical chemistry being carried out that 9 allowed people to find traces of chemicals where they were 10 unable to find it before, down to parts per million, later 11 on parts per billion, and now parts per trillion, so they 12 had independent researchers on their own were interested. 13 Why they were, they were looking for DDT as I remember and 14 they found this material, it was very close to DDT, DDT as 15 you remember was an insecticide that was used very 16 widely -17 Q I don't want to get off on DDT, but when you 18 say that the PCB's persisted in the environment, what does 19 that mean? 20 A It was not eaten up by the bacteria in the 21 soil and the water. 22 Q So I think other people have said it doesn't 23 biodegrade, is that the term you used? 24 A That's correct, but I want to keep it 25 scientific. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010026 218 1 Q I appreciate you're doing it. 2 A That's what biodegrade means, the bacteria 3 eat it up. 4 Q And how did -- I think you told me how 5 Monsanto discovered that. Who first discovered this 6 problem where PCB's didn't get eaten up by bacteria but 7 actually stayed in the environment? 8 A I think it was Jensen and -- J-e-n-s-e-n and 9 Widmark, W-i-d-m-a-r-k, two scientists in Sweden. 10 Q Was it clear at the outset when these two 11 Swedish scientists reported this that they were correct? 12 A Well, that again depending on who you were 13 talking to. I mean, they believe this is what they had, 14 although I'm not sure whether they decided this wasn't 15 DDT, that was PCB's. At first we thought that they were 16 confusing PCB's with DDT. 17 I'm not an analytical chemist so I don't know how 18 hard it is to differentiate between these two things, but 19 afterwards, after they communicated with our scientists in 20 our London office, and one of them, a Dr. Wood, I believe, 21 went over there, but eventually three people from St. 22 Louis went over to talk to Jensen. I don't believe he was 23 there, they talked to Widmark, and there was a chief of 24 our analytical chemistry department, there was Wheeler and 25 it may have been Papageorge, I don't know who the third Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010027 219 1 one was, and Dr. Keller, K-e-l-l-e-r. They went over 2 there. 3 Q They went over to talk about these reports? 4 A Yes, to talk to them about it, they wanted to 5 get information, but they became convinced, yes, this 6 probably is PCB's. 7 Q Were PCB's then found in the environment of 8 the United States later on? 9 A Yes. The next one was a Riceburrough out at 10 one of the California universities, he found it out there. 11 I don't know where he found it first. 12 Q Was that at the same time that the Swedish 13 people found the PCB's? 14 A I think it was some months later. 15 Q What was Monsanto's reaction when they were 16 convinced that PCB's were staying in the environment and 17 weren't disappearing? 18 MR. MCCREA: Objection, unless it's stated 19 as to time when they were convinced. 20 Q (By Mr. Carney) Well, when did -- maybe I 21 better make that clear, approximately when did Monsanto 22 become convinced that PCB's in fact were persisting in the 23 environment? 24 A Sometime in '67 or '68, I'm not -- give or 25 take six months. I'm not sure of the exact time. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010028 220 1 Q And at that point in time what did Monsanto 2 do? 3 A Well, we decided we don't want to add any 4 more to the environment, because at that same time -- 5 Q Any more PCB's? 6 A PCB's to the environment, right about that 7 same time the phenomenon of biomagnification came up. Now 8 I have to be a little scientific on this. This means that 9 here we have this PCB that was lying down at the bottom of 10 a body of water. We thought it would lie there like a 11 lump of coal and stay there for all eternity without 12 changing even though it was non-biodegradeable; but then 13 we found out that the very microscopic organisms in the 14 bottom of the sediment of this watery area would eat the 15 PCB's. 16 Well, they would eat them, they wouldn't break it 17 up. It would stay in their body and then the larger 18 marine animals like shrimp would eat these plankton and it 19 would go into the shrimp, and from then the fish would eat 20 the shrimp and it would go into the fish and the amount 21 would increase as it moved up that particular food chain. 22 Then along would come the falcons and eat the fish and the 23 fish and the falcons would get poisoning from the PCB's. 24 The poisoning was a very unique type because it had 25 something to do with the calcium metabolism of the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010029 221 1 eggshell. 2 Now that was an important obviously for birds but 3 not people, because people do not lay eggs with shells on 4 them. This was very serious as far as these fish eating 5 birds were concerned, because they would lay eggs with no 6 shells and wipe out a species, so we were very concerned 7 about the effect on the environment. So the first thing 8 Monsanto did was let's see what we can do to cut down 9 putting anymore in there. 10 Q And what did Monsanto do in that regard? 11 A Well, first they wrote to all our customers 12 and told them about being very cautious about eliminating, 13 about not just throwing the stuff out. Remember, now 14 we're talking about the 1960's, we were not as 15 environmentally conscious as we are in 1990 or in the last 16 five years, so people would discard used material -- 17 Q Used PCB material? 18 A Used PCB material, yes. So we warned our 19 customers not to discard material that would get into the 20 environment, not to discard our PCB's, whether they were 21 used as hydraulic fluid or transformer fluid or whatever. 22 Then we decided to cut down the sales to all open 23 operations. By that, open operations, I would mean it 24 was -- It is meant that you cut it down, you don't use it 25 in a plasticizer, you don't use it in carbonless carbon Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010030 222 1 paper, which is discarded, you don't use it in paint. Now 2 there are other uses for it, I'm sure, but that's what we 3 decided to do. 4 Q One thing you mentioned in your answer a 5 little while ago you were talking about PCB as a poison. 6 What do you mean by that? 7 A Well, it certainly was a poison to these 8 birds if they laid eggs without any shells on it. 9 Q Or would you characterize most industrial 10 chemicals as poisons? 11 MR. MCCREA: Again, there is no -- 12 Q (By Mr. Carney) And by that I mean if you 13 give enough of the product to somebody it can harm them. 14 MR. MCCREA: Again there is no information 15 that there is any comparable chemical in the environment 16 that has caused this particular reproductive problem as 17 has been described with the falcons. Plus there is no 18 showing that the doctor has relative -- has knowledge of 19 the relative toxicities of other chemicals. 20 A Question please? 21 Q (By Mr. Carney) Yeah, you referred to PCB's 22 as a poison. Can you tell me in what context - 23 A Well, I referred to it as a poison to these 24 birds. I didn't refer to as a general poison such as 25 carbolic acid or something. Maybe I used the wrong term. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010031 223 1 It was quite toxic for these birds in as much as it 2 disturbed their egg laying, now their laying, egg-laying 3 ability but their bringing up chicks. They'd sit on the 4 eggs without the eggshells and it was goodbye eggs. 5 Q You were interrupted, I think you were 6 talking about what Monsanto did when they found out the 7 PCB's were in the environment and possibly harming the 8 animals? 9 A Yes, it was an ongoing program, we advised 10 our customers how to dispose of the material safely, we 11 advised our customers that we were not going to sell it 12 for what we considered operations that were not closed. 13 We eventually eliminated all uses except the electrical 14 uses. We wanted to -- we were not -- we were asked -15 Q Why did you eliminate, you said you 16 eliminated all uses of PCB's except electrical uses, why 17 did you continue to use PCB's in the electrical uses? 18 A For two reasons, electrical uses are rather 19 closed, certainly transformers, capacitors may not be 20 closed because sometime capacitors are discarded but the 21 government told us - 22 MR. MCCREA: Objection, hearsay. 23 A The government told Monsanto don't - 24 continue manufacturing this material. 25 Q (By Mr. Carney) Don't continue? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010032 224 1 A Continue, don't stop it, continue 2 manufacturing PCB's of an electrical grade. 3 Q Why did the government tell you to continue 4 manufacturing PCB's for the electrical uses knowing that 5 PCB's were staying in the environment? 6 MR. MCCREA: Objection, hearsay, no 7 identification, author, date, publication; it's absolute 8 hearsay. 9 A Because there was no substitute product at 10 that time that was non-inflammable. It was important 11 these transformers were in areas where it was absolutely, 12 where safety was absolutely important and the government 13 told us to keep on manufacturing it. Eventually we said 14 we were going to stop completely because it was our 15 impression that there were on the -- there were available 16 products which were non-inflammable, they may not have 17 been as good from the dielectric point of view but they 18 could be used, and I believe Monsanto stopped it two years 19 before the government banned it's use. 20 Q So the government stopped manufacturing PCB's 21 all together two years before the government - 22 A Monsanto stopped. 23 Q Okay. 24 A Approximately two years. I don't know if 25 it's two years or eighteen months or something before the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010033 1 government banned it. 225 2 Q Did you attend any of these meetings of 3 Monsanto's top management where they discussed reactions 4 Monsanto would take when they found out about the 5 environmental problems? 6 A Yes. I attended two full-blown meetings with 7 them. 8 Q And what was said in these meetings? 9 MR. MCCREA: Objection, hearsay, no 10 identification of date, people in attendance, obviously if 11 these meetings were important there would be records which 12 would be the best evidence and impossible again to 13 cross-examine. 14 Q (By Mr. Carney) Can you tell me when these 15 meetings occurred, approximately? 16 A The early mid-seventies. 17 Q And let me ask you this: You indicated that 18 Monsanto decided on its own to stop selling PCB's except 19 in the electrical areas where the government told them 20 they couldn't stop; was -- Did Monsanto make that decision 21 on its own or did someone tell it to stop in these open 22 applications selling PCB's? 23 A Made it on their own, Monsanto made that 24 decision themselves. 25 Q Why did Monsanto make that decision to stop Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010034 226 1 selling an item that I assume they were making a profit 2 on? 3 A Well, they didn't want to increase the PCB's 4 in the environment. I mean, they were just as worried 5 about the peregrine falcon and the bald eagle as anybody 6 else and if the situation was going to get into the food 7 chain for people we didn't want to aggravate it. We 8 wanted to stop it as satisfactorily as we could and as 9 soon as we could. 10 Q And why did Monsanto stop manufacturing PCB's 11 all together in 1977? 12 A Well, we became convinced that there was 13 enough PCB's available to the electrical industry that 14 they could use it until they used a substitute product, 15 products which were made by other people besides Monsanto, 16 it wasn't that we were sitting back waiting till we got a 17 product, because it was a product that was used widely in 18 industry and they found out that this could be used in 19 transformers. 20 Q And why did Monsanto at that point then stop 21 making PCB's? 22 A Well, we knew there was still the opportunity 23 for material to get into the environment out of discarded 24 capacitors. We knew that there were going to be 25 transformers being put out of service, we knew that we Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010035 227 1 didn't want to continue having this possibility of 2 increasing the PCB in the environment so we stopped it 3 completely. 4 Q I don't think I have any further questions at 5 this time, Dr. Kelly. 6 MR. MCCREA: Would this be good place to 7 break? 8 MR. CARNEY: Well, I think we might want to 9 get started -- We've got about a half hour left on the 10 tape. If you want to just get a start we can obviously I 11 don't think - 12 MR. MCCREA: How are you holding up, Dr. 13 Kelly? 14 THE WITNESS: Fine. How about yourself? 15 MR. MCCREA: Well, I think you're doing 16 better than both of us put together perhaps. 17 THE WITNESS: Well, you have been arguing 18 back and forth so much. 19 MR. MCCREA: We wanted to entertain you. 20 CROSS-EXAMINATION 21 QUESTIONS BY MR. MC CREA: 22 Q Dr. Kelly, are you receiving a fee for your 23 services provided for Monsanto in this case? 24 A Yes, I am. 25 Q What is your fee? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010036 228 1 A It varies. It's an hourly fee, from a 125 to 2 $150 an hour. 3 Q And what is your arrangement with Monsanto in 4 regard to your fee? 5 A I send them a bill and they pay me. 6 Q How many billable hours do you have in this 7 case? 8 A Eight to ten, I presume. Not counting today. 9 I don't know how long today is going to go. 10 Q Have you agreed to serve for them, have you 11 agreed to testify for Monsanto as an expert witness in 12 this case? 13 A I agreed to testify as an expert witness, not 14 for Monsanto, not for anybody else. I'm testifying as an 15 expert witness. 16 Q Are you also testifying as a fact witness? 17 A I will also testify to any facts that I am 18 knowledgeable about, yes, sir. 19 Q Are you being paid for your testimony as a 20 fact witness, the same as your testimony as an expert 21 witness? 22 A No. I believe I am not -- and most of my 23 information will be as an expert witness. I do not know 24 what the rate of a fact witness is in Missouri, but I 25 believe it's twenty-five or thirty dollars an hour, I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010037 229 1 don't believe that's the rate I'm going to charge 2 Monsanto. 3 Q But you have testified as to facts in this 4 case, have you not? 5 A Remember. 6 Q And do you bill them $25 an hour for that 7 time? 8 A No, I do not. 9 Q So you don't separate and distinguish between 10 expert testimony and fact testimony? 11 A No in this case, no. 12 Q In any other case have you separated the two 13 out, expert testimony and fact testimony? 14 A I have testified just as a fact witness in 15 cases and I have testified just as an expert witness where 16 both -- where I testified as both, where both facts and 17 expert opinion is needed, I will testify as an expert 18 witness. 19 Q And charge expert witness fees? 20 A That's correct. 21 Q In this instance if I called you up on the 22 weekend would you talk to me about this case? 23 A No. 24 MR. CARNEY: I'm going to object to that. I 25 don't think your hypothetical, I don't think you've tried Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010038 230 1 to call. 2 Q (By Mr. Mccrea) If I asked to talk to you in 3 the hallway about facts relating to Monsanto's manufacture 4 of PCB's, would you talk to me? 5 A No, I would not. 6 Q Why not? 7 A Because I think that should go at a 8 deposition or go through the lawyers. I don't -- Why 9 would you want to talk to me outside this particular 10 arena? 11 MR. CARNEY: You're getting your chance, 12 Mr. McCrea, to -- 13 Q (By Mr. Mccrea) Well, have you been 14 instructed not to talk to attorneys for plaintiffs? 15 A No. 16 Q Have you testified indepositions in which 17 Monsanto has been a defendant in a case filed by 18 plaintiffs alleging environmental damage or personal 19 injury caused by PCB's. 20 A That's two questions. 21 Q Correct. 22 A Will you give me one at time? 23 Q First, have you testified incases for 24 Monsanto as an expert fact witness in which the plaintiffs 25 are claiming environmental damage caused by PCB's? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010039 231 1 A I've given depositions. I am trying to think 2 if I've been in a trial as far as environmental damage is 3 concerned. 4 Q Can you identify for me the cases in which 5 you have given a deposition in which a plaintiff is asking 6 for damages, for PCB damage to the environment? 7 A I remember two offhand. One is the Stroh Die 8 Casting Company. 9 Q How do you spell that? 10 A S-t-r-o-h, I believe, just like the beer, and 11 the second is the Outboard Marine. 12 Q Where is Stroh Die Casting located, city and 13 state? 14 A The deposition took here in St. Louis. I 15 thought it was in Wisconsin someplace, but I'm not 16 certain. 17 Q And Outboard Marine is in Illinois? 18 A Oh, no, it's in either Michigan or Wisconsin, 19 some place in the Great Lakes, but again the deposition 20 took place in St. Louis. 21 Q Was that Waukegan perhaps? 22 A I can't answer that. 23 Q Did you testify in those cases as an expert 24 fact witness? 25 MR. CARNEY: An expert? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010040 A You've got two terms. Q (By Mr. Mccrea) Expert and fact witness, both? A Well, I believe I testified as an expert. I mean if facts came in, the facts were asked I answered it truthfully and told them what the facts were. Q Do you recall any other cases in which you have given a deposition in which the issue involved PCB damage to the environment? A I told you those two. I do not recall off the top of my head whether there have been other ones. Q Dr. Kelly, have you testified by way of deposition in cases in which plaintiffs have sued Monsanto for personal injuries and/or death? A Yes . Q Can you identify those cases for us by the names of the plaintiffs, city, attorneys? A Well, there's the Scott case in Beaumont, Texas. Q A Did you give a deposition in that case? I believe I did. I certainly testified there. You were there, weren't you? Q Yes, I was. A So was I. Q All right. Is that the only case that you 232 Kelly, R., Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010041 233 1 have testified? 2 A No. Are we talking about PCB's now? 3 Q We're talking about PCB's. 4 A There was one in Bad Axe, Michigan, I don't 5 recall the name of the man. 6 Q When was that case? 7 A Six years ago, roughly, I don't -- in that 8 ballpark. 9 Q Did you testify as expert in that case? 10 A Yes, I did. 11 Q What was your opinion in that case? 12 A Beg your pardon? 13 Q What was your opinion in that case as an 14 expert? 15 A That there was no injury to the individual. 16 Q And did you give that opinion in court? 17 A Yes, I did. 18 Q What was theresult of that trial? 19 A The jury saidthis man has no injury but we 20 are giving him some money because of fear of cancer. 21 Q What was the award the jury - 22 A I don't know. I don't know. I don't know. 23 Q You've testified in those two cases. Have 24 you testified in any others by way of deposition or trial? 25 A I have some. I really can't tell you off the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010042 234 1 top of my head, Mr. McCrea. I have testified in more over 2 the past ten years. I don't have it at the ready. 3 Q Have you ever made a list of cases in which 4 you have testified? 5 A When I'm filling out my income tax but then 6 after I fill out the income tax I throw the list away. 7 Q Do you have a list now? 8 A I do not. 9 Q How many other PCB personal injury cases have 10 you been asked by Monsanto to give testimony? 11 A I told you I don't remember how many. I 12 mean, there have been others but I do not have them at the 13 top of my head right now, I don't have them. 14 MR. MCCREA: Do you have a list? 15 MR. CARNEY: I don't have a list. 16 Q (By Mr. Mccrea) Have you been asked to 17 testify in cases involving other chemicals manufactured by 18 Monsanto? 19 A Yes, I have. 20 Q What other chemicals have been involved in 21 litigation involving personal injury? 22 A 2,4,5-T. 23 Q Is that a dioxin. 24 A It's an agricultural chemical which may have 25 dioxin in it. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010043 235 1 Q Do you consider yourself an expert in the 2 toxicology effects of dioxin? 3 A I think so. 4 Q Were you asked to render an opinion in that 5 case? 6 A Yes. 7 Q What was your opinion? 8 A My opinion was that these people had 9 chloracne, some had had peripheral neuritis in the past 10 but at the present time they had no residue with the 11 exception of the chloracne. 12 Q Who was the lawyer for the plaintiffs? 13 A For the plaintiffs? 14 Q Right. 15 A That I don't remember. 16 Q What was the result of that trial? 17 MR. CARNEY: I'll object to the -- 18 A The plaintiffs lost. 19 Q (By Mr. Mccrea) The plaintiffs lost? 20 A That's correct. 21 Q Do you know where that was tried? 22 A Charleston, West Virginia. 23 Q Have you testified in other cases involving 24 other chemicals manufactured by Monsanto in which 25 plaintiffs have claimed personal injury? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010044 236 1 A I think I have, but I don't remember the 2 names. It comes and goes. Some years I have two or three 3 cases. Some years I have no cases, so I really don't 4 remember I know that I left of company in 1974 and 5 that's sixteen years ago. I'm sure I have testified or 6 given depositions in more than the four or five I have 7 given you, but I just don't recall the names. 8 Q Have you testified in any cases involving 9 benzene? 10 A Yes, I have. 11 Q Does Monsanto manufacture benzene? 12 A No, they do not. 13 Q Did they at one time? 14 A They used a great deal of it. I don't know 15 if they manufactured it from a stream, coming from a 16 hydrocarbon stream at their Texas locations. 17 Q Were you asked to render an opinion in that 18 case? 19 A Yes . 20 Q Involving benzene? 21 A Yes . 22 Q What was your opinion? 23 A My opinion was that it depended on the 24 exposure. Benzene is obviously is accepted as an agent 25 that causes leukemia, but it all depends on how much Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010045 exposure the person has Q How long has it been known to you that benzene is obviously a chemical that causes leukemia dependent on the exposure? A Ten or fifteen years. Q What was the result of that trial? A That was a verdict for the plaintiff. Q What was the amount? A It was rather exorbitant -- MR. CARNEY: I'm going to object to that as being totally irrelevant to this lawsuit THE WITNESS: Do I answer? MR. CARNEY: You can answer. The court will rule later A It's only hearsay you realize. MR. CARNEY: Well, apparently he wants hearsay now MR. MCCREA: The fact that you were there is hearsay? A No. The verdict was hearsay. I was not there when the verdict was rendered. Q (By Mr. Mccrea) What was the verdict? How much? A The verdict was for the plaintiff. Q How much? 237 Kelly, R., Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010046 238 1 A A hundred thousand -- a hundred million 2 dollars; which was thrown out by the judge, I have to add 3 that. 4 Q Have you testified in any other cases 5 involving chemicals manufactured by Monsanto in which 6 personal injury has been claimed? 7 A Gave a deposition fifteen years ago on some 8 wax that was used for dentures or something. I don't know 9 much of the details, but it wasn't a PCB and I don't know 10 the result of it. It was a relatively small case and I 11 don't recall much of the details but I did testify on 12 that. There are probably some others that I will think of 13 but I probably testified in a pentachloraphenol up in 14 Chicago. 15 Q And who were the plaintiffs there? 16 A I think there were -- I don't know who they 17 were. 18 Q Is pentachloraphenol toxic? 19 A What? 20 Q Is pentachloraphenol toxic? 21 A Certainly. It's a wood preservative, it's 22 supposed to kill termites. 23 Q And what are the health effects caused by 24 pentachloraphenol? 25 A You can have chloracne, you can have Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010047 peripheral neuritis, you can have death Q How long have you known that? A Thirty years. Q What was the results of that case involving pentachloraphenol? A The plaintiff lost. Q Do you recall any other chemicals manufactured by Monsanto in which you have served as a witness? A I don't, but they may -- I may think of them. Q We may come back to that. You mentioned that you took short courses in industrial medicine; can you give me some more detail as to that? A Yes. There would be a course at the University of Michigan for two weeks, there would be also seminars. Some I was a participant in, some I was a listener, also in industrial medicine. Q Dr. Kelly, what was it toxicology? A Toxicology is the science that deals with the harmfulness or lack of harmfulness of a product Q Have you taken any courses in toxicology through your completion of your medical degree? A Mr. McCrea, when I -- during medical school in 1928 to '32 there were no courses in toxicology, tox - the action of toxic compounds was brought up in the 239 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010048 1 general medical course. Following that, following my 240 2 experience in the City Hospital, the three years at City 3 Hospital where we had all sorts of cases, it's a busy 4 metropolitan hospital where we have all sorts of poisoning 5 cases, self-inflicted or not, we still had no experts in 6 toxicology. 7 There were no toxicologists, per se, and though the 8 first toxicologists were physicians. So the physicians 9 who started like me in an occupational medicine a long 10 time ago had to do-it-yourself course in toxicology. Our 11 experience was gained not by lectures because there were 12 no courses in toxicology. There was publications, there 13 was actual on-the-job experience with toxicology. 14 Q Other than your on-the-job experience 15 relating to the specialty of toxicology do you have any 16 formal training? 17 A Not formal, but I hired four toxicologists 18 and watched them and discussed the toxicological matters. 19 Before we had a toxicologist I hired, I did the work 20 myself, engaged in all the details with carrying out, 21 having a tox -- experiments carried out by the various 22 toxicological laboratories. It was ten or twelve years 23 where I was acting as the toxicologist for Monsanto. 24 Q And those years would be '36 to - 25 A No. It would be '46 to sometime when they Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010049 241 1 hired Dr. Hunt which I thought was around 1960, I'm not 2 sure, but -- 3 Q Did you serve as the toxicologist for 4 Monsanto from '36 to '46, excluding your service in the 5 war time? 6 A Well, I didn't serve as a toxicologist, I 7 served as the physician who gave advice on toxicological 8 problems. I was not passing myself off as a toxicologist. 9 I was passing myself off as an internist and an 10 occupational physician who had a wider range of 11 toxicological information than the average internist has. 12 Q Do you feel that you are qualified today to 13 render opinions related to the toxicological effects of 14 PCB's ? 15 A Yes. 16 Q And that qualification is based on your 17 on-the-job experience, you're working with the 18 toxicologist and what else? 19 A And reviewing the PCB literature for the past 20 fifty years. 21 Q Can you explain to us the mechanisms of 22 toxicity involved with PCB's in health effects? 23 A No, it is at the enzymatic level which I 24 cannot explain. 25 Q Do you know what I mean by mechanisms of Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010050 242 1 toxicity? 2 A No, I don't. I cannot read your mind. Do 3 you want to explain it to me? 4 Q How the chemical reacts in the body and what 5 it does to the body and how it does it? 6 A What's the question. 7 Q Do you understand what I mean when I say 8 mechanisms of toxicity? 9 A Well, what you are saying is that you want to 10 know how a material reacts in the body and what it does in 11 the body to the various organs, is that correct. 12 Q Correct. 13 A I understand that. 14 Q You stated that PCB's can cause death, is 15 that correct? 16 A Yes. 17 Q Can you explain to the jury how PCB's can 18 cause death in an individual, the toxic mechanisms 19 involved? 20 A Now are we talking about an individual? 21 Q Yes. 22 A Yes, by acute liver failure. 23 Q How long have you known that? 24 A Twenty or thirty years. 25 Q Are there any other toxicological mechanisms Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010051 involved with PCB's causing death in an individual? A Haven't been reported in humans. Are we talking about individuals or human or an animal? Q Talking about in humans. A I don't recall any mechanisms that have caused death from PCB's. I don't know if there has been any particular increase, any particular pattern in Yusho or Yucheng cases but certainly in a industrial atmosphere there have been no mechanisms that have caused death in people. Q Did you ever inform a purchaser of PCB's that PCB's could cause death? A No. Q medicine? When were you board certified in internal A 1955 . Q medicine? Were you board certified in preventive A Yes . Q What year was that? A Either '55 or '56. Q medicine? And the same question for occupational A That's a branch of the -- You were certified by the American Board of Preventive Medicine either in 243 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010052 244 1 Public Health, Occupational Medicine or Aerospace. 2 Q Have you given any lectures on the 3 toxicological effects of PCB's on individuals? 4 A I have discussed at seminars, I have not 5 given formal lectures to medical students or -- 6 Q Have you given any lectures to Monsanto 7 employees relating to the toxicological effects of PCB's 8 on their health? 9 A Yes, I have. 10 Q And can you give me the date and the - 11 A No. I cannot give you the date. I left 12 Monsanto in 1974, that's sixteen years ago. I gave it 13 sometime ten years before that, and I certainly don't - 14 cannot recollect the dates I gave lectures to -- 15 Q Do you have any -- Excuse me. 16 A -- lectures to or conducted talks to groups 17 of employees. 18 Q Do you know any manuscripts that would 19 describe the content of that lecture? 20 A No, I do not have. 21 Q Did you give the lecture from manuscripts? 22 A No, I gave it from the knowledge that I had 23 of the product. 24 Q Have you given any lectures on the 25 toxicological effects of dioxin on individuals? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010053 245 1 A No, I have not. 2 Q Did you have workers who were manufacturing 3 products which contained dioxin? 4 MR. CARNEY: Well, I'm going to object to 5 this. If I can have a standing objection to the relevancy 6 of dioxin. 7 THE WITNESS: Do I answer? 8 MR. CARNEY: Yeah, you can answer. 9 A You must remember that before 1974 when I 10 retired the analytical procedures for the determination of 11 dioxin as a contaminant in compounds was extremely hard, 12 was just coming into force. So we manufactured a 13 compound, an agricultural compound that by supposition 14 contains dioxin, yes. 15 Q (By Mr. Mccrea) When did you first know that 16 Monsanto manufactured a compound which contained dioxin? 17 A Probably in the sixties. I'm not so sure. I 18 mean, I would have to be speculating. 19 Q Have you given any lectures on the 20 toxicological effects of furans? 21 A No, I haven't. 22 Q When did you first know that furans were a 23 contaminant of PCB's manufactured by Monsanto? 24 A Sometime in 1973 or '74, around there. 25 Q And how did you gain that knowledge? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010054 246 1 A Well, first of all there was informational 2 literature by Dr. Voss of someplace in Europe. He 3 examined some United States, some Monsanto PCB's. He 4 examined some Italian PCB's and he examined some French 5 PCB's. He didn't find any in the Monsanto PCB's. He 6 found it in the French and in the Italian. Well, then I 7 talked to our people later on and they started looking 8 themselves and after their analytical methods became more 9 precise they were able to find varying levels that varied 10 with different batches and that was in as I say sometime 11 in the early seventies. 12 Q Did you communicate to purchasers of PCB that 13 Monsanto had determined by analytical methods that furans 14 were in the PCB's and that was determined in the early 15 seventies? 16 A Rephrase the question? I don't know. 17 Q That's not a very well-phrased question. Did 18 you communicate to purchasers of PCB's that Monsanto 19 determined that furans were in its PCB's in varying 20 amounts as they determined in the early seventies? 21 A No. There was no reason to, because we told 22 the people what the toxicity of the PCB was, and the PCB's 23 that we tested also had furans. We did not change the 24 mode of manufacturing of PCB's. So what I told them was 25 the toxicity of the whole product and I didn't have to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010055 247 1 say, "Well, this contributes some, that contributes some." 2 So you must remember that we tested the PCB's that 3 were being sent out to the company, to our customers. 4 Those contained furans, we didn't know about that until an 5 analytical method was formed, was developed, when we did 6 find out it didn't add or subtract to our toxicity 7 knowledge because we had tested the material that 8 contained the furans and it didn't make any bit of 9 difference to me or to them whether it contained four 10 parts or eight parts per million. 11 Q When did you learn that furans were a 12 contributing cause of the Yusho tragedy? 13 A When it was written up in the literature. 14 I'm not exactly sure when I said. I thought it was in the 15 late seventies, but I may have to correct myself on that. 16 Q Did you -- 17 MR. CARNEY: Dave, according to my watch 18 we're getting pretty close to running out on the next 19 tape, so if you're -- 20 MR. MCCREA: Right, I'm about -- 21 Q (By Mr. Mccrea) Did you upon learning that 22 information communicate to your purchasers that you had 23 this information that furans were the cause of the disease 24 processes in Yusho? 25 A No. Why should I? These people over there, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010056 248 1 it was an entirely different product with enormously more 2 furans than we had. We had tested our material that had 3 at furans in it, so the fact that we found out that they 4 had a few parts per million in furans didn't alter my 5 opinion on the toxicity of the product. So why should I 6 tell them when the toxicity was the same whether we knew 7 the furans were there or didn't know they were there? 8 Q What was the quantity of furans that was 9 ingested by Japanese which caused their health problems? 10 A I think it depends on how much of the rice 11 oil they ate. I'm not -- I can't tell you right here what 12 the percentage of furans were in the rice oil but it all 13 depends on how long the person ate the rice oil was the 14 amount of furans he got. 15 Q What quantity of furans was necessary to 16 cause the many health problems you described in grams, 17 ounces, milligrams? 18 A I don't believe that it's been quantified. 19 Q Have you read any literature on that subject? 20 A Yes. I have read literature. I don't have 21 the facts at my disposal right at the present time. 22 Q What's your judgment as an expert witness for 23 Monsanto testifying in this litigation as to the amount of 24 furans which were necessary to cause the multiple health 25 problems in the Japanese? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010057 249 1 A A lot more than were present in any Monsanto 2 PCB's. 3 Q What's your judgment as to the amount of 4 ingestion? 5 A I can't quantify that. 6 Q Do you have a ballpark figure? 7 A No, I don't. I don't want to speculate. I 8 can find it out for you. 9 Q What was the amount of PCB's in that was 10 ingested by the Japanese which caused the health problems 11 in the Yusho tragedy? 12 A That, the amount of -- the percentage of 13 PCB's the parts per million. 14 Q No, the amounts ingested in ounces, 15 milligram, grams whatever, what was the amount? 16 A I'm sure it varied with how much rice oil 17 they used, how much they cooked the material. It varied 18 from individual to individual, they had a thousand people 19 I'm sure they all didn't have the same dose but I'm unable 20 to tell you what the parameters of the dose are. 21 Q Do you know what the toxic threshold limits 22 are? 23 A No. I don't. 24 Q For PCB's? 25 A No, I don't. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010058 Q Do have a ballpark idea? A No. I don't. Q Did you have an estimate? A No, I don't. Q So you don't know of any literature that describes the amount of PCB's ingested by the Japanese in the Yusho tragedy? A That's not correct, that's not correct. It's in the literature. I said I do not have it at my fingertips today. Q And you have no ballpark figure as to how much was ingested? A I still say I do not have the figures at my fingertips today, and I do not have a ballpark figure, that's correct Q Good place to stop. (Deposition continued.) 250 Kelly, R.. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010059 1 COURT MEMO 2 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 3 STATE OF MISSOURI 4 5 Glenn Brown, et al, vs. Monsanto Company 6 862-00694 7 8 CERTIFICATE OF OFFICER AND 9 STATEMENT OF DEPOSITION CHARGES 10 11 DEPOSITION OF R. EMMET KELLY, M.D. 12 TAKEN ON BEHALF OF THE DEFENDANT 13 5/31/1990 14 Name and address of person or firm having custody of 15 the original transcript: 16 Mr. Thomas M. Carney 17 Husch & Eppenberger 18 190 Carondelet Plaza, Suite 600 19 St. Louis, MO 63105 20 21 22 23 24 25 251 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010060 1 ORIGINAL TRANSCRIPT TAXED IN FAVOR OF: 2 Mr. Thomas M. Carney 3 Husch & Eppenberger 4 190 Carondelet Plaza, Suite 600 5 St. Louis, MO 63105 6 Total: 7 8 Upon delivery of transcripts, the above 9 charges had not been paid. It is anticipated 10 that all charges will be paid in the normal course 11 of business. 12 GORE PERRY GATEWAY & LIPA REPORTING COMPANY 13 515 Olive Street, Suite 700 14 St. Louis, Missouri 63101 15 IN WITNESS WHEREOF, I have hereunto set 16 my hand and seal on this day of 17 Commission expires 18 19 Notary Public 20 21 22 23 24 25 252 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010061 [& -1974] Transcript Word Index & 1242 & 2:24,27 251:17 252:3,12 0 0.05 164:10 167:12 195:5,11 208:21 210:20 125 228:1 1254 201:19,22 0.09 201:19 164:10 178:2,4 192:20 193:4,8,24 195:11 208:20 212:18 003094 1260 200:17 04 129:3 198:18 05 193:12,20,25 194:3,10,17 194:21 195:3,12,21 196:5 196:11,16,18,22 197:14 12-60 202:3____________________ 162:8 1 1268 1 90:18 71:25 72:8 73:19 74:7,23 1270 74:25 101:25 209:7 170:15 1/10th 12-70 173:13 163:15 10 12th 104:19 106:24 144:18 211:5 149:25 13 100 87:25 147:6,7 2:24 140:25 130 102 167:22 141:12 1300 1025 10:21 79:13,14 132 1030 167:13 84:17 135 106 167:22 127:20 140:13 141:6,15 138 143:6 198:8 167:13 107 14 130:1,3 131:13 136:17 147:13 108 140 130:1,7,22 131:14 136:17 161:22 10th 1400 104:8 10:21 11 15 135:11 144:23 145:2,4,9,10 147:17,18 145:13,14 150 11/72 228:2 147:23 148:17 1506 119 1:21 2:27 162:7 15325 12 211:12 146:7,8,10 147:3 195:16 158 211:9,22 87:18 89:2 1200 15th 31:4 72:10 161:3 1221 16 179:5 148:12 17 1946 148:18,19 5:12,15,17 13:11 17:6 26:3 17.5 36:6 38:11 42:19 136:4,5 77:11 1947 1700 18:15 144:15 4:20 1951 18 177:9 144:3 150:1,25 151:18 1953 153:1 175:9 180 1955 167:17 164:20 168:5 243:16 19 1956 5:18 55:16 76:8 156:10 139:19 169:16216:8 177:9,9 1957 190 170:24 171:17 161:22 251:18 252:4 1959 1907 206:3,13,24 207:15 208:5 2:15 208:10 1924 1960 168:22 144:23 145:1 241:1 1928 1960's 239:24 221:14 1930 1963 6:5 77:19 170:25 171:18 179:14 1930's 1965 19:23 47:10 52:3 53:19 147:5 55:17 57:7 76:9 161:12 1966 1931 216:20217:3 72:8 74:25 1967 1932 175:8 177:9 216:20 217:3 6:6 139:11 1968 1933 118:9 182:20 187:13 6:15 1969 1934 211:6,22 212:14213:22 158:17,20 1970 1935 74:1 126:14 147:12,16 23:24 72:15 181:18,20 193:16214:15 1936 215:12 4:19 10:18 19:14 30:25 1970's 39:5 74:9 84:5 97:23 159:6 193:18,19 196:15 1937 1971 15:12 57:2,20 73:1 85:17 140:18 181:16,21 90:20 91:23 94:18 132:3,18 1972 135:8,11 136:7 154:19 35:7 98:7 100:15 101:9 175:24 102:1,18 104:8,16,19 105:5 1938 106:1,24 107:24 148:20,25 4:25 12:1 17:3 38:9 73:14 1973 161:4 200:11 197:17 245:24 1939 1974 57:2 90:15 132:19,21 5:18 19:24 23:9,20 31:8 1942 36:8,14 38:16 39:5 43:1 4:25 12:8 31:1 38:10 74:10 97:24 117:5,7 118:3 120:4 136:7 136:4 149:20 150:22 1944 151:15 152:23 154:20,20 155:15 157:6 236:4 244:12 245:9 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010062 [1975 -75] 1975 140:3,5,11 1977 23:19 119:18 144:21 148:20 226:11 1980 15:13 1980's 100:16 1984 186:19,20 187:16 1987 127:5 198:7 199:3 1988 198:17 199:3 1990 1:152:13 15:14 101:10 154:21 221:15 1st 181:16 2 2 32:21 72:14 77:22 80:22 84:3,9 85:12 101:25 210:1 2,4,5 234:22 2/1 Oth's 190:22 20 158:13,14 200 167:18 207 163:13 21 161:1 22 164:4,6 168:3,6,18 23 164:4 168:6,18 206:12 23rd 206:3 24 164:5 168:6,18 25 77:11 169:11 170:7 229:6 2565 171:2,13 25th 158:20,22 26 170:12,12,14,23 171:15 172:6 175:18 176:8 27 98:12 102:25 105:13 270 77:12 28 98:12 102:9 289 86:22 28th 214:15215:12 291 86:23,25,25 293 87:2 298 87:4 3 37 (cont.) 178:20 39 74:4 3908 201:7 4 6 6 88:13 104:3 105:4,4 106:22 168:2 6,000 149:6 6/75 A 148:17 73:5,10,10,11 85:23 87:6 60 87:16 88:17 89:4,12 170:24 146:4,5 193:22 171:17 600 42 209:18 251:18 252:4 140:25 194:22 62 44 159:21 176:17 621-2571 3 45 1:23 73:9 85:23 87:1,1,2,6,16,18 176:24 63101 88:1789:3,1291:10210:1 46 1:22 2:24 252:14 3/28/38 199:22 240:25 241:4 63105 200:6 47 4:1 251:19252:5 30 131:1 65 92:8 140:23 146:10 148:8 47402 87:22,23 183:14 300 2:28 66 91:10,13 92:8 301 92:8 3U3 92:18 94:23 30th 5:18 154:21 31 1:152:12 5 C 71:25 73:20,21,22 74:8 85:23 87:6,14,15 89:1,2 100:14,18 101:17 143:7 213:1,22 5/31/1990 251:13 183:14 665 4:1 67 219:24 68 87:25 161:7 219:24 69 211:9____________________ 3100 201:7 3101 172:23 173:4,9,10 174:23 175:2 cn'c 201:6 3106 201:11,15 3107 175:17,23 515 1:21 252:13 CO 201:20 314 162:5 54 1:23 167:20 194:21 213:1 31st 154:22,23 54201 141:10 32 55 239:24 149:6 243:21 33 176:13 35 171:6,12,14 175:18 56 169:17 243:21 57 169:17 36 5th 84:6,7 132:2 136:2 159:8,8 1 7 91 170:12,23 171:6,9,15 172:6 175:18 176:8 240:24 241:4 37 7 7 126:23,25 127:3,20 163:15 163:19 187:9 70 140:23 146:10 148:7,7 176:13,24 177:21 178:20 214:21 700 252:13 70-30 148:4 71 147:23 179:1,18 180:4 72 143:13,14,14,18,20 199:2 73 199:2 74 119:23,25 136:2 245:24 75 157:5 179:2,18 180:4 58:12 176:12,13,17 177:21 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010063 [76 - air] 76 a acquiring adverse 119:25 181:11 a.m.a. 11:11 16:18 35:22 62:16 63:7,18 77 7:10 acting 68:16 115:2 116:1 152:12 119:22,24 176:12 aback 240:23 advice 79 68:16 action 241:7 187:13__________ ability 239:25 advisable 8 27:16 32:10 49:7 93:25 active 93:12 123:23 8 126:23 131:18 134:17 101:2 163:25 194:17 223:3 10:5 49:14 81:4 83:7 able actively advised 64:5 96:11 223:9,11 135:10 143:8,9 23:6 30:13 48:3 64:8 49:13 aerosol 81 106:21 168:12 188:8 246:9 actual 165:11 181:12 abnormal 45:2 181:24 182:12 240:13 aerospace 82 199:19 102:16 103:6 abnormalities acute 244:1 28:19 63:8 70:4,6,6,10,16 aetna 83 162:22,24 75:4,12 120:10,23,25 121:3 197:2 205:20,21 206:11 208:11 abrasives 127:22,25 170:16,25 affect 84 23:1 172:14,15,16,17,17 173:13 127:12 126:24,25 127:9,10 128:25 absence 129:2,3 186:21 153:14 175:8 176:23 177:2,4 178:8 afield 178:9,14 179:6,7 198:10,13 174:24 8-47 absolute 201:2 242:22 afternoon 130:25 224:7 add 2:1451:10 8-47-71 absolutely 41:2 182:12 220:3 238:2 age 131:4 85 56:10 103:14 123:5 155:13 247:6 156:2 205:6 224:11,12 added 3:137:1926:5 103:1 105:10 211:2 absorbed 50:16 148:8 203:25 204:1 agency 86 21:4 185:2 addition 126:19 213:14 absorption 45:24 59:11 60:19 82:7,9 agent 862-00694 1:6 2:6 251:6 62:6 183:9 academy 147:1,20 203:18 209:22 additional 113:21 142:22 188:24 212:17 236:24 87 9:17 129:25 137:17 140:12 agents 162:16214:10,10215:11 accepted address 12:18 88 47:22 188:20 236:24 4:3 89:4 107:5 141:24 aggravate 137:18,21________________ access 251:14 226:7 9 9 143:9 144:3,5 145:4,5 51:12 109:8 accidental 77:9 accompanied addressed 15:4 152:8 188:10 191:13 addresses 77:5 152:10 ago 70:3 222:5 233:7 236:5 238:7 240:10 244:12 agree 150:25 151:17 152:25 63:11 addressing 69:18 95:23 197:5 154:25 170:24 171:17 accuracy 119:8 agreed 90 137:18 91 100:24 adequate accurate 13:21 37:12 38:19 93:13 63:1966:9 100:15 101:1,8 152:5 202:4 3:1 132:8 228:10,11,13 agreement 3:7 137:18 101:9,14 110:24 140:5 adhere agrees 92 acid 154:6 196:2 137:18 138:23 139:15 222:25 adhered agricultural 93 137:19 138:24 139:20,22 acknowledged 58:1 154:2 administration 234:24 245:13 agriculture 139:23,25 162:6 acne 77:15,21 122:4 191:1 122:3 94 61:18,25 72:21 209:19 administrator ahead 137:19 138:25 acneform 126:19211:11 24:24 30:15 113:9 126:4 95 72:17 85:3 135:1 admissible 174:16 193:1 200:20 210:9 137:19 139:1,25 140:2 acquiesce 60:11 air 97 154:13 adopted 18:11,12 50:11 73:25 123:5 140:13,23 141:6,14 143:6 acquired 166:15,20 124:7 138:24 161:23 99 58:8 advances 162:10,13 165:19 167:6 140:13,24 141:6,14 143:6 217:8 195:5 201:9,17,19,22 202:2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010064 [air - arriving] air (cont.) angle answers approximately 213:1 69:24 94:1 131:25 5:24 98:6 112:6 167:16 al animal anticipated 193:14 219:21 224:24 1:4 2:4 251:5 86:17 129:4,17 157:7,14,18 252:9 225:15 alabama 158:5,7 161:15 164:13 anybody april 22:15,21 23:8,22 24:5,8 168:13 171:16 172:19,20 47:22 71:6 74:15,20 129:23 214:14,21 215:12 58:13 72:21 78:11 79:25 177:22 182:3 198:19 136:18 137:25 226:5 arced 80:23,24 93:19 94:4 96:7 201:21 212:21 214:16,23 228:14 52:19 96:21 97:15 243:3 anymore archaic alcohol animals 79:1 153:18 221:9 160:16 98:23 162:4,18 174:3 73:11 117:18 127:22 anyway archives alden 129:16 132:12 133:20 25:18 142:23 179:13 72:16 72:19 134:22 157:11,20,22 184:17 194:20 208:15 area alert 159:14 162:17,23 165:17 apart 48:25 49:1 50:24 51:2,5 145:23 165:20,23 166:7,10,22,24 28:18 61:5,6 97:10 184:14,19 alleging 167:3,7 171:1 172:21,25 apparatus 204:16 220:14 230:18 174:11 182:11,13,14,22 85:1 areas allocation 183:5 194:18,22,23 195:21 apparently 6:19 101:5 224:11 225:19 155:15 195:23 196:18 198:10 120:3 237:16 arena allow 220:18 223:8 appear 230:10 34:12 annals 79:5 150:24 151:17 arguing allowable 127:4 198:6 appeared 227:17 71:1 190:24 201:9 anniston 73:13,15 74:1 argument allowed 22:15,21,23 23:8,22 24:4,8 appears 42:4 64:24 65:5 119:8 65:14 209:17 217:9 25:7,9 26:1,16,23 28:25 159:11 201:21 202:1 arguments alter 46:3 58:8,13 59:2,3,7,13 208:22 211:6 214:6,15,19 65:13 248:4 60:20 72:21 78:11,22 79:25 apples arkansas ambient 80:5,8,14,23,24 81:18 33:12 12:15 122:15 82:14,16 84:3 85:14 89:22 application army american 90:16 93:18,19 94:4 96:7 39:13 55:14 130:3 131:10 12:8,13,23 13:2 74:10 9:5,7,13,14,15,17,18,22,23 96:20,21 97:4,15 108:4,6,7 136:23 137:22,24 179:13 103:25 180:2 9:24 72:15 166:15 187:18 108:11 117:11 203:25 201:7 aroclor 212:19 243:25 204:2 215:6 applications 130:11,17 132:10,13,22,23 ammonia announcements 130:6,11 131:12 156:18 133:1,2,3,3,9,15 134:23 170:16 44:17 175:15 225:22 135:8 137:22 138:24 144:5 amoebic annual applied 159:21,22 164:9,10 170:15 70:12 21:7 22:17 23:7 26:1,3 29:1 200:25 170:15 171:2 179:5 192:19 amount 96:15 127:4 appointment 193:4,12,24 194:3,10 195:3 7:4 95:8 118:21 120:19 annually 211:7 195:21 196:4,11,15,18 123:3,5 124:3,4,6 155:18 22:19 appreciate 208:17,20 209:21 210:19 174:18 179:10 191:4,5 answer 29:22 59:22,25 154:8 218:1 212:17 192:1 199:15 220:20 237:8 24:25 29:12 36:3 49:3,18 apprised aroclors 248:14,23 249:3,9,12,15 49:21,24 56:16 57:13 58:18 19:21 130:5,10,12 135:1,5 136:18 250:6 58:21 59:22 60:13 61:9,11 appropriate 138:15 155:15,19 160:8 amounts 69:15 70:3 95:19,24 96:22 11:3 34:5 49:3 63:1 64:6 178:8,10 194:20 208:16,25 14:13 174:21 183:8 246:20 97:7,8,8 106:16 109:21 151:5 209:1,15,16 249:14 123:9,12,21 151:6 152:3,6 approval aromatic analogy 152:11,14,20 153:22 136:12 156:11 141:9 63:19 157:17 186:25 188:18 approve arrange analysis 222:4 231:22 237:12,13 143:4 149:18 13:21 44:24 49:4 50:11 98:11 245:7,8 approved arrangement 99:18,19 102:1 answered 38:5 40:5 135:7,13,21 11:25 114:11 184:4 228:3 analytical 43:9 49:17 123:8 232:5 143:7,9 149:21 arrived 18:2,10 217:8 218:17,24 answering approximate 24:4 245:10 246:8,13 247:5 152:13 155:17 189:8 arriving 21:1 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010065 [article - behalf] article assumes 57:5 58:2 64:2 74:6,25 75:2 154:4 76:7,8 77:3,5,23,24 80:22 assure 81:1 83:5,8 84:2,3,8,18 60:1 85:13 125:16,18,19 127:10 ate 133:6,13 169:18 170:6 188:1,5 189:14,17 190:14 187:9 189:3,8 198:18 191:10248:11,13 199:21 200:6,7 216:7,7 atlanta articles 59:10 60:18 78:16 126:22 8:24 9:3 15:12,14 20:22 atmosphere 56:1 57:2,14 58:3 74:7,9,12 21:2 243:8 86:1,5 87:6 89:3 117:3 attached 118:18 121:15 185:19,22 38:15 106:23 185:22,25 188:8 198:24 attempt 216:5,7 84:19 asbestos attempted 26:12 95:7 187:2 askarel attempting 138:25 139:1,5,5,6,9,12,13 151:7 186:25 asked attend 11:21 32:6,20 33:19,24 225:2 34:3 35:1 47:15 49:23 attendance 51:1853:463:1780:11 225:10 94:16 99:5 100:7 106:15 attended 154:15 189:19,22 207:25 20:17 33:7 67:7 85:17 223:14 230:2 232:5 234:10 91:22 94:18 225:6 234:16 235:4 236:17 attending asking 90:20 3:21 34:10 47:7 48:7 49:9 attention 53:14 54:11 55:8 65:11 109:19 110:1 150:16 66:17 122:19,20 150:10 attorney 231:5 34:19 aspect attorneys 149:23 153:23 230:14 232:17 aspects attributable 43:7,8 106:3 132:1 215:5,8 35:18 94:14 aspirins august 174:4,4 198:16 assistant authenticated 6:8 8:10,12 17:9 23:11 43:3 207:1 50:22 72:11 92:14 94:24 authentication 205:23 207:10,16,18 208:6 212:15 associate author 50:14,22 72:6 156:8 188:9 192:23 associated 210:4 224:7 10:11 11:1361:22 62:17 authored 63:8 102:23 104:10 116:13 87:7 169:7 117:5 121:22 127:16 128:2 authoritative 128:5,17,22 198:14 210:19 37:12 associates authorities 176:19,22 214:18 170:1 association authority 9:13,13,15,17 10:1 20:19 51:19 212:19 authorized assume 6:14 182:20 90:23 95:13 188:12 226:1 available ballpark 16:17,18 28:12 34:21 58:5 233:8 249:6 250:1,11,14 74:1398:10214:18216:8 banned 224:15 226:13 110:22 224:19 225:1 average barnes 241:11 10:11 avoid base 14:4 40:13 59:25 93:14 153:18 122:8 123:16,23 125:7,8 based 130:16 144:6 145:16,17 49:8 60:8 61:7 62:20,21 202:7 118:13,16 121:9,10 122:17 avoided 152:16,24 153:9,10,11,12 152:14 202:11 208:25 153:14,21 166:19 168:22 award 168:23,24 170:4 197:23 233:21 241:16 aware bases 81:18 108:20 115:1 117:8 27:2 31:5 117:14 196:5 basic awful 124:25 181:4 16:16 178:2 184:23 185:3 basis awfully 5:22 16:24 17:4,4,7 22:18 133:21 25:19,21,21 31:13 43:4 axe 56:17 59:10 60:18 64:19 233:4 65:6 76:16 94:10 96:16 bachelor 6 'X b 100:25 101:2 158:2 180:16 204:24 210:5 basket 156:13 5:1,12 15:12,14 23:14 26:3 26:4 47:8,10 49:15 55:16 60:14,16 66:1 76:8 77:24 80:21 82:6 83:22 104:15 1054 11525 1162 135 8 139:8 147:22 150:3 155:9 156:5,7,11,11,17 159:1 161:11 168:5 170:5 173:7 226:16 227:18 239:11 background 6:2 48:25 56:14 101:21 backing 125 bacteria 217 20 218 2 6 bad 70:8 121:2,5 185:16 233:4 badly 110:15 baffled 68:9 bag 165:24 bald 2265 ball 126:13 batches 83:23 246:10 bath 84:22 160:20 battery 12:17 98:10,17 99:13 177:6 178:7 bay 58:10 baylor 8:23 bear 172:6 bears 159:2 beaumont 232:18 beer 231:10 beg 84:15 233:12 began 4:21 beginning 84:19 114:15 behalf 1:142:123:23 251:12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010066 [beings - burning] beings billable bluff break (cont.) 168:14 173:16 228:6 12:15 213:11,12220:16227:7 belief billboard board breathe 66:1 44:17 6:19,21,23 7:1,1549:6 61:2 86:17 93:13 165:14 believe billion 243:14,17,25 breathing 5:25 18:22 20:9 25:22 26:3 100:25 120:21,21 151:21 boards 123:23 125:8 145:16 34:4 35:8 38:3 51:10 60:6 217:11 7:13 162:10 67:16 69:14 71:4 85:22 bindschaegler bodies brief 98:7 101:13 117:24 119:22 211:10,12,18,20 212:10 121:22 79:20 116:17 143:23 119:23,25 127:19 129:20 bio bodily 213:11 139:6,8 145:4 147:23 179:4,22 180:5 181:15 134:25 135:4 briefly 148:16,20 156:21,21 biochemistry body 8:6 9:9 50:3 72:5 159:9 157:12 176:13,20 183:21 19:4 21:5 75:13 124:1 179:8 183:19 193:10 187:20 193:6,10,17 197:14 biodegrade 220:10,17 242:4,5,10,11 bring 199:13 204:1 208:24 217:23 218:2 boil 47:15 103:1 218:13,20,22 224:18 biodegradeable 79:17 bringing 228:22,25 229:1 231:10 220:12 boiler 223:3 232:4,21 248:18 biomagnification 159:24 brings believed 220:7 boiling 127:6 14:25 83:5,6,13 biphenyl 167:14 195:3 broadway bellows 57:4,24,25 58:1 83:2 boils 2:24 103:1,3,4,7,17 112:10 128:11 167:17 broken belonged biphenyls bombs 11:2 9:10 118:15 127:6,7,12 212:22 12:16,17 brought benchmark 213:4,6 bone 34:6 82:24 162:13 215:7 172:21 173:6 birds 11:2 239:25 benefits 217:5 221:2,5 222:8,24 booklet brown 54:23 223:1 132:10 135:8 1:4 2:4 95:6 251:5 benzene bit borne bucket 56:25 81:25 82:5,13,15,19 178:17 194:15 247:8 77:16 124:2 82:20,21,23,24,25 83:3,9 black boston building 83:12,17,21,25 84:25 88:16 61:20 22:9 33:17 51:1 83:18 88:20 95:9 132:23 161:8 blackening bottleneck buildings 236:9,11,20,24 237:3 61:22 182:16 47:14 benzenes blackheads bottom bulky 72:13 62:2 143:11 145:6 166:13 217:6 181:12 best blind 220:9,14 bull 23:19 24:22 25:5,22 26:24 215:1 bought 51:2 27:14 36:9 101:11 108:1 block 23:22,23 78:14 80:23 81:9 bulletin 129:3 148:6 156:18 183:15 83:18 81:18 96:20 130:4,8 131:10,11 136:23 183:15 225:12 blood bourbon 137:1,22,24 141:23 150:17 better 98:11,20,24 99:16,18 100:8 174:5,6,9 156:17208:18,19 12:2 82:15 87:20 138:21 100:9,18 101:16 bowditch bulletins 191:22 219:21 227:16 bloomington 92:9,10 39:12,13,13,14 40:2 55:14 beyond 2:28 42:6 63:22 64:1,12 box 131:6,8,12,13,16 135:14,23 97:9,21,22 151:10 205:5 67:5,6,24 68:18 69:2 101:4 165:17,18 136:11,16 137:3 138:12,18 bi 110:22 210:18215:15,20 brain 215:16 46:18 173:21 blow 155:22 157:21,23 bunch big 165:19,20 branch 11:17 53:2 70:20 82:22 201:17 blowing 12:11 243:24 bureau bigger 86:20 branches 92:7 164:21 blown 104:11 burn biggest 225:6 break 52:22 164:24,25 blowup 41:22 42:10,12 79:20,22 burning bill 145:4,6,9 146:14 116:19 120:7 137:17 52:20 163:21 228:5 229:6 143:23 144:1 177:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010067 [burns - cents] burns capacitors (cont.) carney (cont.) cased 142:5 223:20 226:24 111:12 112:6 113:3,9,17 62:10 busch capacity 114:25 115:17,25 116:11 cases 52:17 53:7 13:1075:1 112:19 116:16,20 118:22 119:12 10:8,12,13,1628:1759:9 business caps 119:17,24 120:2 122:22 69:2 72:20 78:9,15 79:6 144:10 206:17 252:11 202:12 123:7,14 125:5 133:5,9 82:6,8 83:7 102:23 114:22 busy captain 134:15 135:20 136:3 138:5 117:8,14,20 197:6,7 209:13 240:3 12:24 138:8,10 141:1 143:23 229:15 230:23 231:4,23 buttressed car 144:2 146:15,19 148:4 232:7,13,16 233:23 234:3,9 76:11 124:21 142:19 148:24 149:2 150:12,21 151:11,14 234:17 235:23 236:3,3,8 buy carbolic 152:19,22 154:10,15 158:6 238:4 240:3,5 243:8 208:15 222:25 158:12,13 163:23 166:21 casting buying carbon 167:24 168:16 172:4 231:8,12 58:14 59:2 55:12 162:3,4,18 205:10 173:23,25 174:16 175:7 casually c 206:18 221:25 176:1 177:17 179:18,19 128:2,17 198:14 cage 86:18,19 165:20 cages 167:7 rakpc carbonless 55:12 221:25 carcinogen 193:9 carcinogenesis 180:19,24 185:13 186:11 catch 186:14,16,22 187:2,8 189:7 55:3 190:7,17 191:20,23,25 cause 192:13 193:1 194:6,9,14 1:6 2:6 55:22 78:3 81:19,22 195:14,20 196:4 198:24 81:24,24 160:11 166:9 184:16 calcium 194:16 card 201:8 202:7 203:6,22 205:3 168:19 182:2 188:3,21 205:12,19 206:9,11 207:8 194:17,18,22,24 195:22 98 22 220 25 calculations 95:5 cardiac 207:12,25 208:2,8 210:9 211:15212:4 213:10,13 196:5,8 201:23 242:14,18 243:12 247:12,23 248:16 167:1 California 219:10 10:1 care 4:22 7:23 11:1,3 13:21 219:20 222:12,21 223:25 225:14 227:8 229:24 230:11 231:25 234:15 248:24 caused 27:3 55:24,25 62:8,11,23 call 12:4 15:4 16:4,6 42:25 133:25 230:1 called 20:9 24:1 39:17 46:5 55:18 7511 76 3 87 9 89 4 6 114:16 129:15 131:22 151:8 166:5 168:18 172:23 185:8 211:7 229:21 calling 2816 calls QR-Q 25:11 46:16 55:7 82:12 128:13 careful 84:20 carney 2:23 3:16,20 20:4 24:13,24 27:5,18,21 28:5,13 29:14 30:3,15 31:7,19,24 32:9,18 33:11,19 34:1,2,10,15,23 34:25 35:3 36:15,22 37:2,4 37:19 38:3,25 39:7,17 41:22 42:8,13 43:25 44:5 44:19 45:3 47:7 48:5,15 235:17 237:10,13,16 245:4 82:2 83:9,11,12 120:16 245:8 247:17 251:16 252:2 180:12 181:2,6 183:12 carondelet 185:8 188:22 201:19 251:18 252:4 222:16 230:19,25 238:23 carried 243:6,9 248:9 249:10 10:21 24:16,19 25:16,18,23 causes 26:19 45:25 71:14 86:13 63:10,11 236:25 237:3 93:9 98:2,4,7,9,11 126:12 causing 176:19 185:4 205:1 214:25 83:13 189:13243:1 216:9 217:8 240:21 caution carries 144:22,23,25 145:11,13,22 120:18 146:13 carry cautious canceled 67'9 cancer 9:6 46:5,14,17,20,24 48:18 48:19 49:16,25 50:1 192:15 193:3,5,7 194:17,18,22,24 195:21,22 196:6,8 197:2,13 198 23 25 233 20 cancers 197:14,17 capabilities 126:18 capacitor 111:8,13 capacitors 54:19,22,24 196:12 223:19 49:11,22 53:4,13,18,24 18:10 221:12 54:7,14,17 56:19 57:10,14 carrying cecil 58:21 59:15,21 60:6,9,12 240:20 161:4 60:24 61:11 63:6,24 64:21 cars cells 65:18 66:4,13,18 67:4,11 148:19 149:7,9 162:1 163:4 67:16 68:2,20,24 69:10,21 cart center 70:2,24 71:17 74:5 79:19 113:7 8:15,16,16 12:19 126:20 80:21 81:14,22 85:4 86:15 case centers 87:1 90:19 91:1 92:20 94:3 3:24 32:4 41:20 43:21 63:2 126:20 94:16,25 95:18 96:5,14 65:5 67:18 78:17 142:24,25 centigrade 97:12,19,25 98:6 99:25 151:25 161:6 179:12 161:22 167:13,14,23 100:4,7,17 101:6,15 102:8 209:15,19 216:12,12 central 102:16 103:3,19 105:2,11 227:23 228:7,12 229:4,11 5:12 38:11 46:7 51:4 105:23 106:20 107:6,13,18 229:12,22 230:17 232:18 cents 107:20,22 108:2,19,25 232:20,25 233:6,9,11,13 150:3 109:13 110:10,16,25 111:5 235:5 236:18 238:10 239:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010068 [century - comment] century charleston chloracne (cont.) class 55:23 235:22 133:25 135:2 153:17 212:20 certain check 185:15 198:20 209:11 clean 7:4 39:24 62:23 72:13,23 67:17 175:15 235:9,11 238:25 163:21 202:12 73:2,23 85:13,15 120:19 checked chlorinate clear 122:4 151:20 152:4 184:18 114:21 83:4 89:1 130:19 133:24 218:10 231:16 cheek chlorinated 219:21 certainly 61:21 55:19,20 56:1,3,7,9,15,20 clearly 29:22 33:24 43:8 46:18 cheekbones 57:3,4,8,16,23,24,25 58:1 123:12 72:18 74:16,21 91:3 100:6 61:21 62:7,10 72:24 73:3,12,23 clients 116:25 126:9 129:12 chemical 75:6 80:11 82:2 83:1,4,6 68:13 110:11 180:1 136:24 164:24 175:12 12:14,17,19 23:21 24:1 84:21 87:22,22 88:1,15,16 clinical 188:15 199:14 222:7 63:11 64:7 70:5,16,17 88:19 89:4,7,9 93:6 95:7,8 8:11 9:19,24 98:10,18 223:19 232:21 238:21 78:13 80:24 85:12 108:7 126:15 132:23 141:9 102:2,6 104:24 129:6 243:8 244:13 113:24 114:8,15 120:18,24 144:19,22,25 145:11 161:7 198:21,21 certainty 130:4 172:8 173:20 180:1 161:8,8 163:8,12 193:20,22 clinically 62:20 118:4 119:20 120:5 208:16 222:15 234:24 193:22 194:21 195:6 102:2 129:22 122:7 123:15 150:23 237:3 242:4 212:16,22,25 213:4,6 clogging 151:16 152:24 197:23 chemicals chlorination 62:3 215:18 27:4 28:4 62:12 117:4 83:11 159:19 195:10 close certificate 132:1 174:17 175:1 217:9 chlorine 25:19 123:3 216:18217:14 7:9 251:8 222:10,19 234:17,20 71:22 87:23,25 159:22 247:18 certified 235:24 238:5 239:7 161:7 closed 2:16 3:4 6:19,21,23 7:1,15 chemist cholesterol 82:22 184:6 223:12,19,20 49:6 61:2 243:14,17,24 18:3 131:21 218:17 102:24 174:20 closing cetera chemistry choose 64:24 65:13 31:1741:1873:8 92:9 217:8 218:24 179:22 cloth 123:4 chemists chronic 95:7 chain 18:5 83:15 70:14 122:1 125:14 128:1 clothing 220:21 226:7 chevron 128:16,18 129:6,7 179:7,10 84:23 145:20 209:22 chairman 37:21 198:14,23 208:20 club 9:22 Chicago Cincinnati 10:2 chance 238:14 8:23 164:8,17,23 165:5 coach 122:25 230:11 chicks 166:5 168:17 186:25 187:2 change 223:3 circuit coal 42:10 51:19 76:22 84:25 chief 1:1 2:1 138:10 170:20 220:11 116:18 143:24,24 168:7,19 91:17 92:5,23 218:23 251:2 code 169:1 177:18 178:20 181:7 child circumstances 131:2 156:4,6 246:23 155:22 191:18212:1 collection changed children city 141:21 20:11 82:5 4:10,12 185:16 6:7,9 231:12 232:17 240:2 college changes Chinese 240:2 251:2 9:14,23 164:7 163:4 185:16 120:15 187:16 claim colonel changing chloracne 46:8 109:4,15 110:5 12:25 220:12 55:22,25 59:7 60:25,25 claimed color characteristics 61:7,12,15,1762:4,7,13 196:18 197:8 235:25 238:6 82:3,3 14:11 63:6 72:20 78:6,9,22 79:4,6 claiming column characterize 79:9,24 80:4,6,8,9,10,12,15 230:25 145:15 187:10 222:9 80:19,22 81:4,6,8,17,19 claims combination charge 82:8,9,16 83:9,13 84:4 109:24 116:7 127:23 178:13 198:11 41:6 67:25 229:1,19 85:14 96:5,6,18,19 97:2,14 clarence coming charged 101:23 102:8,14 108:12,25 104:8 106:25 25:15 64:15 106:4 175:13 32:25 110:4 111:20,25 112:1,5,13 clarify 185:23 236:15 245:12 charges 112:16,17,20 113:2 117:11 128:9 206:10 comment 251:9 252:9,10 117:20 120:9,24 121:25 clarity 133:7 134:20 214:8 125:15 129:5 133:19,20,22 189:2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010069 [comments - contend] comments complaint conclusion (cont.) consider 119:3 111:14 112:1,17,20,23 118:20 127:20 128:4 37:22 126:9 198:22 235:1 commission complaints 153:24 159:14 163:10,15 considerably 252:17 36:17 37:6 99:7 110:4 191:15 197:18 198:8 56:6 committee 111:7,20,24,25 113:11,12 conclusionary considered 35:25 115:2,8 116:6,12 45:1 77:17 223:12 common complete conclusions considering 35:1745:1051:2,2 71:18 35:11 98:24 99:14 32:16 44:25 129:10 170:7 56:1 77:20 completely condensed considers communicate 129:14 138:20 152:13 93:24 141:23 126:8 40:19 151:9 246:12,18 156:21 224:14 227:3 condition consistent 247:22 completion 10:1028:20 61:1784:19 169:2,3 176:8 178:23 181:8 communicated 239:22 120:17 constant 38:1 218:19 complicated conditions 82:4 communicating 83:14 10:24 25:12,13,15 35:17,18 constantly 151:4 component 45:15,20 102:24 162:17 169:5 communication 82:20 83:17,19 216:2 constitutes 14:24 43:13 152:10 compositions conduct 130:13 communications 76:12 52:9 159:10 consultant 37:16 94:11 205:9 compound conducted 5:19 10:10 92:3 199:18 communitronics 18:7 45:25 46:1 55:18 30:21 98:17 172:7 181:23 consultation 2:15 57:25 77:1,2 83:6,12 87:25 244:16 10:9 community 88:2,5,8 120:20 160:10,13 conference consume 8:12 63:2 161:10 171:4 172:22 173:2 166:15 174:1 companies 195:7 245:13,13,16 confers consumer 11:1239:21 41:647:11 compounds 7:10 15:23,25 38:19 113:20 175:4 180:1 216:9 23:2,4 62:7,8,11 71:22 confined contact company 72:13 75:5,6,8,16,19,22,24 52:24 122:10 123:18 125:8 93:15 122:9,13,17 123:2,17 1:7 2:7 11:10,21 12:6 14:25 76:20 77:20 80:11 87:21 167:7 125:7 134:25 135:5 144:6 15:5 23:21,22 24:1 26:2,10 130:13 138:16 163:22 confront 145:17,17,18,19 160:20 29:16,16 40:25 41:2,10 173:25 174:9 175:11 48:3 96:13 208:24 209:11 42:1,2 43:13 45:19 47:9 212:21 239:25 245:11 confuse contacts 50:24 85:13 92:15 109:23 concentrated 172:23 153:12 112:2,18 114:8 130:4 163:11 confusing contain 131:23,24 132:2 141:24 concentration 58:25 130:16 133:1 194:10 138:12 146:12,12 161:5 172:8 71:2 161:20,23 162:8,10,15 218:16 contained 179:4,15 181:15200:4 201:10 confusion 82:1 87:25 181:2 184:23 204:6,8 205:24,25 207:19 concentrations 57:7,20,21,22 152:21 192:6 210:6 245:3,16 247:4 210:12211:11 213:3,19 73:25 201:22 202:3 congress 247:8,9 231:8 236:4 247:3 251:5 concern 110:23 containers 252:12 46:21 conjunction 137:12 147:8 166:6 comparable concerned 143:10 contains 222:15 35:12 44:10 120:8 221:5,6 connected 87:23 145:11 146:25 147:1 comparative 231:3 111:8 147:15 148:7,11 245:14 173:20 concerning Connecticut contaminant compared 14:22 15:13 40:6 43:13 92:9,24 83:4 147:9 245:11,23 190:2 191:11 194:4 213:9 44:2 59:11 60:19 118:4 connection contaminants comparing 119:20 120:5 132:1 5:21 82:2,25 83:3 173:21 101:4 172:22 conclude conscious contaminated comparison 64:19 129:1 221:15 133:23 185:7 190:1 191:9 concluded consecutively contaminates compensation 160:8 58:24 83:12 109:4,15,23,24 concludes consensus contamination complained 66:15 127:15 160:4 91:20 93:3 202:2,8,10 114:12 conclusion consent contend 71:16 104:25 105:21 3:7 203:12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010070 [content - dated] content copy (cont.) course customers 122:14 191:17244:19 214:19215:1 11:2 20:16 22:23 26:10 14:3 21:2 36:18 37:7 38:23 context corey 33:14 51:24 52:12 57:1 39:25 40:7,8,10,12,16 222:22 92:25 58:9 65:13 91:25 122:5 111:13 113:4 115:3 116:6,8 continent corner 124:11,23 144:20 156:23 131:25 135:15,24 136:21 217:1 130:23 145:8 184:20,21 190:20 202:10 136:22 137:3 145:23 149:5 continue cornfeld 239:14 240:1,10 252:10 221:11,19223:10,11 247:3 19:15 23:8 29:7 34:13 2:24 courses customer's 65:20 66:24 69:5,5,8 corporation 6:10 239:12,21,24 240:12 151:25 152:2,2 116:23 223:17,24,25 224:1 58:10 court cut 224:1,3 227:1 corps 1:1 2:1 32:2 41:21 63:3 65:16 82:11 221:8,22,24 continued 12:14 69:6 111:3 119:3,4,9 198:1 cutting 3:6 117:5 161:24 162:14 correct 233:16 237:13 251:1,2 79:7,16_________________ 201:23 250:17 12:10,10 24:2,6 36:20,22 courtesy d continuing 34:18 102:19 114:23 162:16 continuous 122:8 123:17 contrary 110:10 contributes 247:1,1 contributing 247:12 contributory 46:11,12 control 126:21 135:2 controlled 91:15 conversation 48:17 203:11 convinced 219:5,16,19,22 226:12 convincing 129:5,21 198:20 cook 92:23 cooked 120:15 184:16 249:17 cooking 184:4,15,17,18 185:3 188:24 coolant 139:10 cooperate 105:16,17 106:10,16 107:23 cooperated 106:17 copies 205:11 206:18 214:4,7 copy 67:14 106:23 200:6 206:18 206:19 213:24 214:15,17 38:7 42:21 43:11 51:23 59:4 60:5 66:2,5 78:14 85:21,24,25 90:4 95:14 101:13 104:17,20 113:16 114:24 115:4 128:24 135:12 136:15 139:14 142:12 145:25 146:22 149:10 157:12,13 159:17 160:25 163:6,9 164:14 172:13 177:10 180:6 188:2 193:12,13 196:7,10 204:11 206:21 207:17 212:9 214:1 215:13 216:21 217:24 218:11 229:20 230:21 235:20 242:11,12,15 247:15 250:8,8,15 correlate 131:4 166:23 168:13 correspondence 43:8 58:9 132:11 215:17 council 104:9,12 106:25 councilor 9:25 counsel 3:2,2,7 53:2 63:17 64:16 69:11 151:6 158:11 179:16 186:10,24 189:19,22 194:8 194:13 count 115:6 counting 228:8 country 151:22 counts 98:24 county 1:1 2:1 couple 11:5 26:18 31:20 170:21 174:6,8 193:16 209:5 59:23 65:24 66:3,16,19,20 69:12 courtroom 59:24 60:2,4 cover 38:25 39:11 40:4 53:14 61:12 113:5 134:4 183:20 covered 46:10,12 covering 39:4 cow 190:25 crea 227:21 created 185:3 credentials 129:20 credibility 196:1 critical 52:17 123:6 133:8 153:22 criticizing 123:10 cross 27:12 30:10 32:11,15 33:2 48:3 89:15 93:25 96:13 97:11 99:21 102:20 105:9 188:11 189:4 192:24 203:10,13 205:18 225:13 227:20 crown 114:8 cubic 161:21 201:18213:1 custody 251:14 customer 42:14 110:4 111:19 136:20 136:24 142:23 d.c. 104:10 107:1 daily 25:15 damage 162:19 230:18,25 231:2,6 232:9 damages 231:6 danger 77:9 dangers 18:8 199:22 200:8 dash 140:23,25 146:10 data 30:1431:1432:11,17 33:3 34:21 39:18,20,22,23 41:18 44:24 45:1,2 47:1,25,25 48:1,1 49:7 71:14 93:25 96:10 105:22 106:15 107:17 109:8,23 118:10,12 129:4 130:3 140:16 141:6 141:15,18,21 142:5,11,17 143:5,8,12 153:25 154:7 191:14,14,15 198:19 date 34:3 37:12 53:11,17 54:21 72:5 130:9,23 131:4 138:4 138:9 139:25 140:9 142:2 144:8 146:23 147:3,9,16,22 148:24 158:17,18 159:2 169:15 172:6 186:17 188:8 192:23 200:6 205:16 207:3 224:7 225:10 244:10,11 dated 104:7 106:23 131:20 135:11 139:18,19 140:2,17 143:12 144:20,20 145:1 161:3 170:24 177:8 181:16 181:20 206:3 211:5,9 214:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010071 [dates - devoted] dates defendant (cont.) depend described (cont.) 40:3 50:18 53:2,19 54:6 230:17251:12 22:6 196:1 198:9 222:17 248:16 55:6 138:7 143:16,21 define depended describes 144:14 180:9 188:16 201:5 14:7 17:24 18:1861:7,15 26:4 42:24 236:23 27:1 141:23 250:6 244:14 62:19 71:4 122:14 dependent describing dave defined 43:4 237:4 26:22 34:20 247:17 18:24 47:5 122:13 123:3 depending description david defining 117:24 124:5,7 131:9 75:3 2:26 62:25 195:12218:12 descriptions davies definite depends 15:21 104:8 106:25 18:4 76:12 131:12 147:24 98:1 175:13 236:25 248:10 deserve day 201:19 248:13 45:2 2:14 22:6,8 51:4 65:20 definitely depicts design 71:1891:12,13 124:15 17:6 115:5 145:4 151:4 144:12 161:24 182:23,24 defunct deponent designed 252:16 20:15 32:14 94:13 days degree deponent's desire 7:7,8 15:15 18:5 22:10 79:6 6:4,5 118:4 119:19 120:5 29:12 186:15 98:21 131:1 162:5,6,7,16 122:7 123:15 150:23 deposes despite 163:13 164:20 165:21 151:16 152:24 161:7 3:14 129:4 198:18,19 182:24,25 215:18 239:22 deposition destructive dbf degrees 1:13 2:11 3:3,6 33:4,6,8 87:24 185:10 19:8 159:18 161:22 167:13 48:7 54:2,10,12 63:24 detail ddt 167:13,14,17,22 209:18 64:25 65:10,19 66:15 67:7 45:19 110:14239:13 217:13,14,14,17218:15,16 delaware 67:8,15,20,20,21 68:3,8,10 details deal 200:3 68:10,14 69:4 71:12 118:25 43:21 78:2,16,18 160:1 101:18 140:18 181:16 delegable 130:12 144:12 208:22 238:9,11 240:20 236:14 40:20 41:13,24 230:8 231:5,14,19 232:8,13 detergent dealing delivery 232:20 233:24 238:7 71:22 91:11,12 163:7 179:4 252:8 250:17 251:9,11 determination deals demonstrable depositions 245:10 73:10,11 161:5 239:19 122:1 129:6,22 198:21 67:17 68:25 69:1 110:12 determine dealt demonstrate 111:1 144:11 155:4 230:16 40:1841:21 102:7 113:2 73:2 93:21 94:6 231:1 236:6 210:7 dearth demonstration deposition's determined 64:15 73:7 66:24 246:13,14,19,20 death dentures derivatives determiner 134:14 232:14 239:1 238:8 56:25 76:19 41:20 242:14,18 243:1,6,9,12 department dermal determines debate 5:13 13:13,16 14:24 15:6 179:5 14:8 68:7,9,10,13 69:3,8,22 19:25 21:22 27:7,22 28:6,7 dermatergosis detroit 110:16 111:1,2 28:14,22 35:7 36:2,19 37:8 72:18 15:3 decernber 38:6,11 39:23 40:6 42:18 dermatological develop 72:9 118:3 42:22 43:2 44:11,18 50:4 72:15 18:14 decide 50:23 96:17 98:3 109:19 dermatologist developed 21:14 110:3 111:16,19 122:2 102:13 11:12 55:5 58:10 80:8 decided 126:22 129:19 131:22 dermatology 100:21 109:23 113:25 140:11 162:5,9 188:19 135:22 136:6,9 140:17 7:22 61:5 72:17 92:22 124:20 185:15,15 196:18 218:14 220:3 221:22 222:3 143:2,3,10 149:17 171:22 describe 209:14 247:5 225:18 171:23,25 172:5,9 175:14 30:9 49:10 50:3 64:3 developing decision 177:15 178:12 180:7 197:4 121:15 176:1,5 192:18 11:11 225:20,24,25 205:10,24 207:11,16,19 205:17 244:19 development deem 211:8 212:8,23 218:24 described 11:1650:4 131:9,10 136:19 31:21 departments 24:22 26:25 41:17 46:14 devoted defendant 13:15 17:18,1921:23 93:18 99:20 110:13 127:21 187:19 1:8,14 2:8,12,26 3:3,14 152:17 165:22 176:5,23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010072 [devotes - dr] devotes dipping discussions doctor (cont.) 8:2 209:20 168:25 194:19 204:21 201:4,8 205:15 206:6 210:5 devoting direct disease 216:12,17222:18 7:6 69:15 189:20 201:11 10:14,14 13:22,23 62:5 doctors diagnose directed 126:21 174:20 247:23 21:24,25 28:24 64:8,18 10:24 34:8 60:16 diseases 83:15 109:25 diagnosed directing 35:16,16 44:21 45:8,9,10 doctor's 108:13 119:3 45:17 92:8 158:3 174:14 189:2 197:18 diagnosis direction dispensary document 8:2 111:15 30:24 44:12 27:13,19 31:21 32:20 35:10 diarrhea directly disposal 43:22 86:8,11 127:3 131:19 70:9 121:3 40:15,25 189:11 147:21 148:16 248:21 135:10 137:21 138:8 dibenzofurans director dispose 139:18 155:1,5,7,9,11,22 120:16 185:8 4:24 5:2,3,7,9,14,15,16 223:10 155:24 156:3,10 158:14 die 11:7 13:12,19 16:5,12 disseminating 159:1 166:18,19 192:22 231:7,12 17:10,12 18:13,1922:3 14:20 200:14,15 205:15,16,18,22 died 23:11 36:16 37:5 43:3 distilling 206:8,8 207:1,2,3,4,23 162:5 44:12,14 50:6,14,22 51:11 85:1 210:3,3,4,6 211:3,4,5,5,14 dielectric 51:15 75:1 92:2,7 94:19 distinguish 213:15,16214:11,12 52:6,6 82:3 224:17 126:18 146:3 150:6 202:14 229:9 documented dielectrics 202:15 205:23 207:10,16 distributed 58:17 186:6 52:14 207:18212:10 38:6 documenting difference directors disturbance 65:25 53:2 71:6 247:9 16:1,3 121:13 152:2 162:20 documents different disagree disturbed 28:11 30:12 31:8 32:3,6,7,8 7:13 19:4 23:21 25:8 45:15 96:14 223:2 32:21,22 33:1,15,20,23 75:16,19 82:3,4 98:21 disagreed divide 34:6 39:17 40:3 47:8,9,11 105:3 120:17 127:8 128:12 129:16 16:15 111:23 47:12,15 72:1,2 106:15 130:9 140:6,8 170:23 171:3 disappearing division 127:2,14 130:2 137:3,20 179:14 196:24 197:1 219:17 92:5,10,25 131:23 214:13 138:17 140:15 144:4 156:1 246:10 248:1 discard divisions 170:11,13 172:2,7 176:12 differentiate 221:16,19,20 13:14 177:20 187:8 190:5 205:20 218:18 discarded doc dogs differs 222:1 223:20 226:23 63:24 181:17 61:18 discharge doctor doing difficult 13:1,2,4,8 4:146:1,13,198:6 11:19 4:21 12:2 19:1221:17 69:24 97:13 188:13,14,16 disconcerting 21:17,20 24:18,24 25:4,21 34:11 42:6 214:2,4 215:8 digest 59:18,19 26:25 27:5,21 28:5,13 29:4 218:1 227:15 127:11 198:17 discovered 30:8 31:8 32:16 33:5,5,8,9 dollars digits 183:11,16,17218:5,5 33:9 34:11,15 36:24 37:16 228:25 238:2 201:5 discovery 40:1 42:13 48:22 49:12 domain dignity 147:8 216:18 50:3 53:1,5 54:17 56:12 216:8 119:7 discuss 57:11 58:21 60:12,24 61:2 donahue dinker 21:19 79:23 80:2 89:10 64:13,21 68:2 71:17 74:5 2:23 89:15 158:5 174:14,25 75:16 76:5 79:19,23 87:5 dose dioxin discussed 91:21 92:16 94:10,12,16 14:1277:10 170:17,17 234:23,25 235:2 244:25 20:19 57:3 80:4,5 89:16 95:12 98:19 99:8 101:7 172:18,20,24 173:11 245:3,6,11,14,16 90:1 91:4,4,19 210:14,20 102:13 103:9,19 104:2,4 178:15249:19,20 diphenyl 212:20 215:17 216:6 225:3 107:18,22 110:2 113:19 doses 75:6,7 82:1,23,24 84:21 240:18 244:4 114:19 115:19 116:20 76:13 87:22 88:1,15,16,19 95:8 discussing 118:11 122:6 123:14 doubt 132:23 144:19 161:8,9 57:15 125:10 138:3,11 140:10 180:12 181:2,7 212:16 discussion 145:2 152:20 154:15 dow diphenyls 69:17 91:5 93:11 113:18 156:23 158:1,6 159:9 164:6 16:5 180:1 76:12 196:20 204:25 166:21 167:21,25 168:12 dr 185:13 191:25 197:20 3:20,25 4:16 10:3 23:10,12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010073 [dr - employee] dr (cont.) drug eaten either (cont.) 26:22 27:12,14 33:3 34:20 122:3 174:19,20 175:5 190:10 217:20 218:6 42:25 44:17 46:6 121:20 37:15,16,20 38:2,3 41:19 191:1 eating 149:6 169:17 171:23 41:21 44:19 45:6 48:3 49:6 drugs 121:5 133:22 221:4 176:21 187:4 216:25 49:12,17,22 52:3 56:11 174:18,22 edgewood 231:18 243:21,25 57:2,22 59:10 60:17 61:2,4 drums 12:19 ekg's 63:17,25 64:10,11,16 65:11 149:6,9 editor 98:25 67:7,23 68:3,4,5 69:10,18 due 170:5 electric 70:2 71:9,24 72:10,24 122:1 educated 92:4,12,15 94:20,22,25 73:12,25 75:8 77:23 78:15 duly 64:18 95:3,10 139:10 146:11,12 78:16 79:12 80:22,25 81:11 32:12 education 200:4 211:11 213:4,19 81:14 83:5,8,13 84:3,8 dupont 18:4 214:14 85:18 86:4,7 87:7,16 89:10 180:2 199:17 educational electrical 89:1590:11,13,18,19,19 dust 6:2 138:24 139:7 146:25 91:13,16,17,22,25 92:1,4,6 18:11 144:7 effect 148:10 153:16204:7 92:9,22 94:17 100:21 102:6 duties 10:22 15:1 16:8 25:1 36:7,8 223:13,16,17,18 224:2,4 102:12 103:9,12 104:8 4:22 10:18 13:18 38:13 111:20 134:1,5,8 225:19 226:13 106:24 108:8 111:3 117:10 duty 158:7 198:23 221:7 electricity 118:2,7,11,19 119:8,17 13:5 40:20 41:13,24 effectiveness 52:9 120:3 121:18 122:25 123:8 e 151:4 elemental 125:10,13,24,24 126:1,5 127:11,15 129:10 132:7 144:2 148:2 150:5,11,21 151:3,10,13,14 152:10,22 153:24,25 158:15,23 159:10 160:4 161:4,16 163:23 168:4,11 169:7 170:6 173:18 177:20 181:11 186:8,17 187:9 188:8 190:8 193:10 195:20 196:4,11,14 197:1,3,5,9,16 197:17,22 198:3,4 199:4,4 200:1,10,18 202:13,17 203:8,9 205:10 206:6,20,20 206:25 207:10,12 208:2 211:9,10,12,17,20 212:4,12 213:13,21 214:7,12 215:14 216:4 218:20 219:1 227:5 227:12,22 232:12 239:18 241:1 246:2 draft 135:2 drain 79:18 drinker 57:2,22 58:11 72:24 73:25 85:18 86:4 87:7,16 89:10 90:13,18,19 91:13,16,25 132:19,19 133:2,2,6 161:4 161:16 175:24 216:7 drinker's 73:13 91:22 133:13 163:24 drop 112:12 166:11 dropping 52:20 eagle 226:5 earlier 38:4 64:23 85:16 87:17 93:24 116:20 121:2 187:15 198:4 199:23 214:6 early 1414 1515 1623 185 46:7 53:5 55:16 57:6 58:5 58:12 76:9 77:25 112:8 126:2 137:11 143:18,20 144:23 146:5 169:17 18516 19318 19 19615 216:20 217:3 225:16 246:11,14,20 ears 61 21 easily 157:14 east 22:16,22 23:2,8 24:8 25:8 25:20 26:23 29:5 35:6 79:24 80:10,14 92:25 93:18 93:19 94:4 96:7 97:5,15 98:3,13 102:9 103:23 104:22 105:14,18 106:1 107:24 200:5 203:24 204:1 21319 easter 63:20,21 easy 145:5 eat 14:11 120:13,14 133:16 173:16 174:1 184:25 218:3 220:14,16,18,19,22 effects 16:18 35:23 64:14 73:2,23 93:21 94:6 101:3 110:5 111:7,14 113:12 115:2 116:7 117:9,15 120:23 121:15 122:1 123:21 124:25 125:15 127:6,16,21 127:25 128:1,5,16,22 129:6 129:9,22 132:16,17 133:11 133:17,18 134:11,25 135:6 151:1,19,23 152:12,14 153:2,6,15,17,25 154:5 157:15 183:8,8,9 197:19 198:9,13,14,21 215:20,21 235:2 238:23 241:13,22 244:3,7,25 245:20 egg 63:21 223:2,2 eggs 63:20 221:3,5 222:8 223:4 223:4 eggshell 221:1 eggshells 223:4 eight 2:13 5:25 11:10 35:4 79:11 110:2 111:5 112:21,24 114:25 121:10 151:21 201:18 228:8 247:10 eighteen 12:18 224:25 eighty 10:4 either 8:4 19:24 20:15 39:12 11:15 elevate 165:15 elevated 18:9 63:10,14 93:14 122:9 123:18,24 124:13 125:9 135:3 164:10201:2 elicit 27:3 28:2 94:14 151:7 elicits 94:11 eliminate 223:15 eliminated 223:13,16 eliminating 221:12 elkins 92:25 elmer 205:22 212:7 213:16 214:12 else's 54:12 emeritus 8:9,13 emmet 1:132:11 3:12,19 251:11 emphasized 77:14 employed 4:17,18,19 5:23,24 17:15 31:25,25 52:4 111:6 155:2 204:10 employee 30:24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010074 [employees - exists] employees environmental (cont.) evaluation example (cont.) 17:19 30:4,24 31:5 40:15 183:20 211:8 213:17215:4 104:24 22:7 45:11 52:17 157:21 40:19,25 41:1,4,8 43:14 215:7 225:5 230:18,25 evaluations examples 44:3 47:13 69:1 99:15 231:2 102:6 20:5 30:6,20 35:1 71:21 100:9 109:2,5 244:7,17 environmentally eventually exams employer 221:15 17:22,23 55:24 72:15 78:14 17:21 24:1526:1,11 29:6 96:8 109:25 enzymatic 218:21 223:13 224:13 34:16,17 97:21 102:17 employment 241:23 everybody excellent 58:6 85:1 93:16 97:16 enzymes 91:24 92:24 180:2 129:20 110:3 111:18 115:1 124:12 98:22 evidence exception 124:24 154:18 156:23 epa 27:14 42:10 102:2 107:12 4:6 14:23 44:9 120:9,9,23 enclosed 121:20 126:7 118:21 162:19,19,21 170:4 121:25 125:15 137:6,9 85:1 166:6 208:17 212:18 epidemiological 205:15 225:12 141:13 151:24 153:17 encompass 49:2,8 62:21 106:8 126:8 evidently 157:9 171:14 175:18 156:16 epidemiologist 196:2 235:11 encompasses 48:23 49:1 103:10 126:9 evolved exchange 7:19 16:16 episode 132:14 133:15 134:23 184:3,5,6 endeavors 59:11 60:19 70:10 121:4 135:3 exchanger 18:1 episodes exact 185:7 engaged 120:10,15,24,25 5:25 26:9 50:18 219:25 excluding 19:1723:10,1243:1544:5 eppenberger exactly 241:4 50:11,12,17,18 84:20 2:23 251:17 252:3 21:1453:1062:15 137:5 excuse 105:14 240:20 error 167:1 184:15 247:14 5:2 37:14 48:22 61:1 71:8 engineer 89:11 119:11 exaggerated 94:9 95:12 103:8 108:17 18:3 eruption 14:13 138:3 158:1 206:6,25 engineering 135:1 exam 244:15 210:15 escape 95:20 executive engineers 209:17 examination 12:5 35:25 18:5 especially 3:15 10:22 24:19 26:23 exhibit england 52:16 84:20 120:14 178:17 27:2 28:24 30:10,12 32:14 73:5,21 74:23 77:22 80:21 9:7 117:25 217:1 essence 32:22,25 34:13 96:13 98:2 84:2,8 85:12 86:11,24 87:1 english 154:2 98:9 99:14 103:24 107:7,15 88:17 89:1 91:8,8 104:3 15:20 117:25 186:1,17 establish 118:13 192:24 227:20 105:4 106:20,22 130:22 187:18,21 43:21 48:24 60:10 64:17 examinations 131:18 139:15,16,20,22 enormously established 7:7 10:16 17:12 24:8,21 141:13 147:3 154:25 192:4 248:1 5:13 14:21 25:3 46:25 47:1 25:16,19,23 26:25 29:1,5 158:13,14 161:1 168:2 entertain 47:1,19,20 49:12 56:13 30:8,21 31:1 32:12 33:4,20 169:11 170:7 171:5,14 227:19 93:24 109:11 197:24 34:21 35:1,5,9,12,14 187:9 199:19200:17 entire establishing 103:20 104:15 105:25 205:20,21 206:11 211:2 28:7 37:5 76:6 47:6 182:15 213:14214:10 entirely esterols examine exhibits 118:8 120:16 127:7 128:12 98:23 27:12 30:4 31:14 32:11,15 71:25,25 85:22,23 87:6,12 163:16,20 178:12 248:1 estimate 33:2 43:22 48:3 89:15 89:3,12 106:6 126:23 entitled 250:3 93:25 97:11 99:21 102:20 129:25 130:1 136:17 127:11 et 103:2 188:11 189:4 203:13 137:17,18 138:11 139:4 environment 1:4 2:431:1741:1873:8 205:18 225:13 140:13,13 141:5,14 143:6 8:4,5 18:1 127:11 183:12 92:8 123:4 251:5 examined 144:3,17 145:4 149:25 198:17216:19217:3,4,18 eternity 2:12 3:13 17:16,18 25:21 150:25 151:17 152:25 218:7 219:7,16,23 220:4,6 220:11 26:12,14 30:11,25 31:5 164:4,5 168:6,18 170:12 221:7,20 222:15 223:7 ethically 75:16 78:20 100:10 105:13 171:15 172:6 176:13 224:5 226:4,23 227:2 231:6 157:13 113:19 162:22 203:10 177:21 178:20 179:1,2 232:9 europe 246:3,4,4 181:11,13,14208:21 environmental 183:16 217:1 246:2 examining exist 104:9,12 107:1 118:14 evaluate 26:16 33:16,18 126:19,20 137:10,11 147:9 78:25 example exists 147:15,20 149:23 183:12 11:14 14:12 16:3 17:15 36:9 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010075 [exorbitant - find] exorbitant exposure failure feeding (cont.) 237:9 21:13,15 27:3 41:4 62:24 242:22 182:13,22 183:5 193:11 expect 63:7,9,18 70:4,15,17,20,21 falcon 196:17 33:5 61:6 70:25 71:19 77:19,19 94:15 226:5 feedings expense 102:23 114:5,6,18 118:14 falcons 177:5 28:21 118:14 127:16,23 128:2,17 220:22,23 222:17 feel expensive 129:5,21 133:9,15 134:23 falls 66:15 85:9 241:12 68:12 162:14 164:9 183:9 198:11 104:12 179:11 fees experience 198:15,20 201:24 209:23 familiar 229:19 16:5 49:15 60:22 61:12 210:20 213:8 236:24 237:1 56:19 183:23 191:13 fell 86:13 98:8 121:12 150:17 237:4 familiarity 20:13 75:10,11 76:1,3 168:22,23,25 209:14 exposures 168:24 fiber 210:13,17,22 213:3,7 240:2 35:19 71:4,7 132:13 family 95:7 240:11,13,14241:17 expressions 74:20 fiddling experienced 69:15 fans 182:9 65:2 extend 85:2 field experiment 65:23 66:2 far 7:12 15:23 52:20 72:11 157:13 166:13 193:8 extension 10:15 13:21 35:11 44:9 74:21 121:17 129:18 experimental 4:22 95:5 77:1 87:9 97:3 120:8 128:1 153:16 170:2 202:17 132:12 134:22 extensive 130:12 155:11,13 174:24 fields experiments 135:4 198:13 221:4 231:2 8:14 15:25 86:14,16,21 87:24 89:17 extensively fashion fifteen 90:2,14 161:14,18 201:21 117:7 152:13 4:4 75:4 237:5 238:7 240:21 extent fast fifties expert 33:15 194:21 54:2 18:22,22 21:24 22:1 46:7 126:11 129:24 151:3 extrasurgical fatal 50:17 53:9,20,23 112:7,8 228:11,13,15,20,23 229:10 7:21 71:19 fifty 229:13,15,17,17,19 230:24 extremely fatalities 23:3,3,5 33:15 47:11 49:15 231:23,25 232:2,4 233:9,14 52:25 61:25 203:15 245:11 116:6 166:9 72:19 172:24 241:20 235:1 248:22 eye fatality fighting expertise 145:19 163:1 170:19 177:6 70:23 11:25 16:24 36:2 50:11 61:5 100:21 178:6 194:7 favor figure 151:10 eyes 252:1 65:22 249:6 250:11,14 experts 62:3 145:17 fda figures 93:4 240:5 expires 252:17 explain facilities 213:9 f 180:2 fear 233:20 feathers 192:12250:13 file 29:2 31:2 200:5 206:18 filed 42:5 87:12 241:21,24 242:3 242:17 explained 87:10 89:17 109:21,22 209:2 explaining 107:3 explains 206:4 explanation 14:10 40:22 41:25 50:9 64:11 65:6 68:17 81:6 88:5 89:17 94:14 100:23 102:11 110:18 112:4 197:6 219:22 228:16,20,24 229:10,13,14 230:24 231:24 232:2 237:18 248:3 factor 82:13 83:7 217:5 109:4 230:17 feature files 198:17 31:3,4,9 35:8 featured fill 127:10 12:1633:1647:13 112:13 february 177:25 234:6 73:13 143:13 177:8 211:5,9 filled 211:22 212:14 12:16 52:18 82:22 fed filling 87:2 200:12,21,24 142:9 234:5 194:16 explosion 14:23 44:10 142:4 exposed 15:1 26:12 28:4 41:9 63:13 64:5 68:17 73:12 101:22 161:24 163:11 169:5 198:12 123:6 facts 67:1 68:6 110:17 228:17 229:3,16 230:3 232:5,5,6 248:21 fahrenheit 167:16,17,18 federal final 190:23 210:24 fee finally 5:22 227:22,25 228:1,4 6:8 90:3 148:22 215:9 feed find 172:19 173:1 182:1,22 14:18 15:9 19:1 20:23 feeding 35:15 46:20 48:17 49:25 86:6 126:17 181:24 182:12 63:20 65:21 66:9 102:8,14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010076 [find -furans] find (cont.) five (cont.) foreman four 102:25 166:13 167:8 75:5,8,11,16,18,19,25 77:6 124:18 4:6 13:14 18:16 22:24,25 172:20 178:1 185:5 186:6 79:10 108:9 179:14 180:4 forenoon 50:19 54:15 75:6,10,11,12 187:6 188:16 197:12217:9 181:2 182:11,24 201:16,17 2:13 75:13 76:2,4,13 79:10 217:10 246:5,9 247:6 249:8 208:17210:13,13221:16 forget 112:13 121:24 138:20,21 finder 228:25 236:6 176:4 159:22,23 161:5,25 162:10 40:23 fixed forgot 162:12 163:12 175:23 findings 114:6,7 108:3 179:14 182:11 205:7 35:9 102:17,22 129:17 fledged forgotten 208:17 236:6 240:17 247:9 169:9 5:7 48:16 115:5 frame fine flexible form 43:1 57:15 107:4 39:9 114:22 146:18 227:14 55:11 29:23 58:17 65:4 86:18 frames fingers float 93:24 141:22 148:9 149:3 26:9 115:7 149:13 formal frankly fingertips floor 5:20 51:7 136:6,14 240:16 101:18 250:10,14 124:2 240:17 244:5 frederick finish fluid formalized 158:15 29:17 60:13 95:21 186:15 52:7,23 55:10 145:20 38:10 free 211:15 146:25 160:9 184:6,6 formation 29:18 85:9 107:8 finished 199:24 200:25 221:21,21 120:16 185:8 french 3:22 48:12 92:19 100:2,3 fluids formed 246:4,6 180:18,21 186:12 52:14 55:3 176:18,25 177:1 13:17 247:5 frequently fire 178:14 212:25 213:5 formerly 51:3,6 11:25 14:23 16:24 44:10 flush 176:20 fresh 52:19 55:3 139:9 142:4 145:19 forms 151:12 180:25 184:5 flynn 46:8 140:17 freshly firm 158:15 159:10 160:4 forth 84:23 2:23 251:14 flynn's 227:18 front firms 158:23 forties 113:8 140:8 199:18 fold 46:6 50:15 53:6,8,19 fuels first 13:20 81:24 fortunate 28:19 82:11 4:196:7 10:17 12:15 15:11 follicle 182:19 full 17:15 18:15,21 20:6 23:11 79:17 forty 5:7 12:5 21:24,25 22:1 27:18 39:10,19 54:16 55:17 follicles 5:24 22:7 26:7,7 47:8,9 23:12 50:21 225:6 57:19 61:19 63:25 73:1 62:3 49:13,14 120:21 fully 84:2,6 87:8 89:3,18 112:3 follow forward 105:17 106:10,16,17 124:15 127:3 130:24 132:7 194:7 32:25 63:1 210:25 107:23 132:12,18 139:10,15,18,19 followed forwarded fume 140:1 143:13 150:19 36:10 45:25 51:23 90:11 36:4 18:12 122:14 158:21 161:5 175:5 185:21 125:1 150:7,24 151:18 found fumes 187:10,20 191:12208:12 152:9,16 153:1,7,24 180:14 23:14 50:8 76:10 88:13 63:9,13 93:14 122:9 123:17 216:24 217:2 218:5,15 181:5 185:7 215:15,25 89:12 90:7 102:17 104:22 144:7 160:19 164:9 165:10 219:11 221:7,11 230:23 following 106:9 126:15 160:10,11,21 167:6 240:8 245:15,22 246:1 17:6 84:25 91:5 126:16,16 166:8,10,11,21 170:18 functional firsthand 127:23 132:18 145:19 173:4 175:24 178:5 192:1 176:25 58:16 90:9 147:8 198:11 200:17 202:1 197:13,16 198:25 199:2 functions fish 240:1,1 217:2,4,5,6,6,14 219:7,10 98:23 190:21 191:2 220:19,20,22 food 219:11,13220:13223:6 furan 220:23 221:4 70:8 122:3,5 190:25 220:21 225:4 226:18 246:6 248:3 191:10,17 fist 226:6 foundation furans 46:10 193:16 force 56:11 61:4,8 64:4 71:11,15 118:10 133:23 185:9,10,10 fit 245:12 81:20 96:9,22 97:6 100:20 188:22,23 189:13,15,16,21 131:11 forced 103:14 105:1 107:16 190:1,2,3 192:1,5,7 245:20 five 202:4 108:23 112:24 118:7,19 245:22 246:13,19,23 247:4 2:14 9:1 13:14 26:7 33:15 ford 119:10 174:14 189:25 247:8,11,23 248:2,3,4,7,8 46:10 62:20 70:3 74:8 75:5 210:15 190:6 194:2 248:12,14,15,24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010077 [furnished - handle] furnished germany goes (cont.) gray 45:22 132:4 11:18 199:16 121:5 124:6 184:7 201:25 92:7,9 further getting 236:2 great 5:20 24:20 37:18 60:8 59:20 80:6,21 86:22 100:1 going 101:18 188:17 191:2 73:22 82:16 94:9 103:8,9 198:2 216:18 230:11 11:16 12:1,2 16:6 17:17 199:15231:19236:14 110:7 124:20 133:12 203:4 247:18 26:21 27:9 29:9 30:7 32:25 greatest 227:4 gimmick 33:2 37:15 40:1 41:2,7,8,9 202:5 furthermore 112:14 41:12 43:19 44:23,25 47:8 greatly 64:8 189:22 girls 48:21 53:25 58:15 60:4 137:4,6 g 112:12 62:18 64:22 65:7,21 66:24 grew gadgets 162:12 gain 245:25 gained 99:10 162:3 169:4 240:11 gallon 149:6,7 garbled 123:9 garments 135:4 202:11 gases 12:16,21 gastric 114:13 gateway 252:12 gather 186:2 gbrn 200:17 general 7:20 25:2 55:7 58:18 92:12 92:15 94:19,21,25 95:10 103:11,13 134:7 139:10 146:6 163:10 170:21 198:13203:14212:11 222:24 240:1 generally 8:5 56:19 127:25 generic 139:9 generically 138:15 gentleman 103:25 gentlemen 210:21 georgia 126:22 german 11:15 55:23 germane 33:23 give 66:25 67:1 69:5,7,7,12 71:9 11:11,23 50:15 15:21 20:4 24:13,17 25:4 74:5 81:13 95:19,20 104:23 gross 30:6,20 37:11 38:18 40:14 119:13 123:7 125:18 82:10 153:20 162:21,24 40:24 42:2 66:19,20 71:21 134:16 136:11 137:18 ground 84:14 86:8 92:16 99:24 143:24 154:10 155:16 160:2 119:12,14 123:11 130:23 166:17 182:10 183:19 group 132:6 142:23 151:11 186:13,24 197:21 205:17 12:6,20 13:13 35:6 36:2 160:13 170:7 173:23 174:2 210:2 211:13215:1 223:11 46:7 73:13 75:11 76:2 176:15 180:24 188:16 224:14 226:6,24 228:9 101:23 103:2,15 130:13 190:1 191:23 193:17201:5 229:1,24 237:10 245:4 176:11 206:23 219:24 222:13 gong grouping 230:22 232:20 233:16 47:10 21:19 234:10 239:13 244:10,11 good groupings 244:21 36:5 69:19,20 132:3 144:11 46:21 48:18,24 49:25 given 160:18 165:18 170:4 groups 8:18,22 47:3 53:19 64:6 224:17 227:6 250:16 9:14 44:14 197:1 244:16 118:12 160:19 163:20 goodbye guess 189:3 231:1,5 232:8 236:6 223:4 40:12 54:15,16 64:24 73:10 236:7 244:2,5,6,24 245:19 goodness 90:2 114:9 133:24 134:3 giving 88:6 138:21 118:22 142:13 233:20 gordon guide glasses 197:4,12 138:25 139:2 212:18 174:6,7,7,9 gore guinea glenn 252:12 165:25 166:2_____________ 1:4 2:4 251:5 gosh h gloves 202:12 go 11:22 15:12 16:25 17:3 18:6 22:3 24:24 27:20 29:1 30:1537:1842:1,17,18 48:7,8,9 53:15 63:1,21 65:7 65:21 67:19 69:4 70:18,21 85:7 91:25 98:19 106:5 107:9 113:9 119:14 126:4 135:14,15,23 137:1 144:16 146:7 150:18 166:24 167:1 170:21,22 174:16 176:24 177:18 185:13 193:1 200:20 208:1 209:12,18,24 210:9 220:19,20 228:9 230:7,8 goal 150:7 goes 49:15 54:10 77:13 83:1 167:12 gotten 49:24 123:9 213:10 government 15:16,17 39:24 47:4 93:1 104:1,11,14 105:4,16,17,24 106:6,11,13,18,24 107:23 121:14,14,22 126:13 129:12,19 155:18,19 166:16 190:23 199:15 223:21,23 224:3,12,19,20 224:21 225:1,19 grade 224:2 gradual 85:2 grams 75:13,13 76:4,14 77:11,11 201:17 248:16 249:15 granted 207:2 hair 79:17 half 22:8 26:6 77:12 120:22 151:21 159:22,23 161:20 163:13 170:17 172:20,24 173:2 227:9 hallway 230:3 halowax 89:20 hand 71:24 104:2 115:7 125:18 130:23,25 145:7,15 169:11 170:11 176:11 213:13 252:16 handed 138:11 141:5,14 144:3 171:15 handle 163:25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010078 [handled - hunt] handled head heating honorable 123:16 124:24 163:16 27:8 28:7 92:22 96:17 86:19 185:6,7 188:23 191:6 13:8,9 handling 109:19 131:22 135:22 191:18 hope 14:4,22 21:3 38:5,22 40:5 159:13 186:7 199:17 heavy 182:4 40:11,1542:1643:1444:2 232:11 234:1,13 176:2 hopefully 44:9 77:4 84:9 85:5 91:19 headquarters held 69:21 93:4,9,12 124:25 125:4,5 213:18 8:8,9 9:20 163:25 176:9 hoping 131:14,25 135:25 138:23 heads 178:24 181:9 48:9 142:15 143:5 145:24 61:20 176:20 help horse 149:22 150:8,24 151:17 health 14:1521:1 43:16 113:8 127:8 152:25 160:23,24 168:8,21 8:15,16,169:5 10:11 15:17 helpful hospital 178:21 180:13 181:4 25:10 27:3 31:16 35:22 157:18 6:7,9 74:19 240:2,3,4 202:21 212:20,24 213:3 36:18 37:6,9 43:7,7 51:20 hen hospitalized 215:15216:1,5 62:16 63:7 67:25 91:18 77:13 99:9 hands 92:6,6,23,25 93:21 97:19 henry hospitals 95:6 112:12,15 140:14 98:2 104:21 106:3 108:21 72:11 8:7,15 209:20 110:5 111:7,14,20 113:12 hepatitis hot happen 116:2,7,13 118:5 119:21 63:11 70:5,16,18 113:24 124:5 184:10 54:14 158:8 120:6,7 121:9,21,23 122:1 114:15 120:24 hour happened 126:18,20,21,22 127:5,10 hereunto 227:9 228:2,25 229:6 31:8,11 42:1367:20 115:15 127:13,16 128:1,4,16,22 252:15 hourly 184:10 185:1,14 129:6,22 132:1 142:4,15 high 46:13 228:1 happening 143:7 151:6 162:17 163:21 100:18 101:16 102:24 hours 70:7 182:3 197:18 198:17,21,23 211:8 132:14 133:10,16 134:23 2:13 68:11,11 71:2,3 84:22 happens 213:17 238:23 241:22 159:24 162:14,15 163:12 161:24 165:21 201:18 121:1 142:5,7 244:1,8 248:9,16,24 249:10 167:9 182:4 193:20,22 228:6 hard healthy higher house 42:5 96:4 133:21 145:3 105:9 162:2 126:14 173:10,11 192:4 47:5 52:22 53:22 157:2 218:18245:11 hear 195:3,10 housekeeping harm 95:15 highest 82:10,15 14:5,9 40:13 141:21 182:2 heard 163:7 housewife 222:13 27:19 36:24,25 37:1 97:14 highlighted 188:25 harmful 155:7 196:3 145:10,14 housewives 19:2 76:17,23 91:14 123:21 hearsay highly 192:6 124:9 134:6 30:1 36:9,13 37:18,23 180:3 197:25 huh harmfulness 59:14,20 60:2,3,8,11 80:3 hire 139:21 14:9 124:12 239:20,20 80:16 81:13 89:14 90:10,10 18:19 51:24 human harming 90:23 94:10 95:24,25 96:10 hired 21:5 118:5 119:21 120:6,7 223:7 97:3,3,10 102:5,20 107:17 18:15,21 205:24 206:2 121:9 126:22 127:5,12 harmless 108:18,22 109:7 110:6 240:17,19 241:1 168:13 173:15 194:24 163:17 111:10,22 114:24 115:16 historically 243:3 harvard 115:21 116:9,14 152:11,15 58:7 156:17 humans 8:23 57:2 72:24 73:13 74:1 153:21 172:2 180:16 history 127:22,24 129:6,22 157:16 85:20 90:21 94:18 164:21 185:12 200:14 203:5,9,12 64:6 78:17,18 98:5,8,8,9 157:23 158:8 159:15 haskell 204:24 205:5,7 210:6 212:3 99:3 209:14 166:24 174:1 194:23 196:9 92:2 199:17 200:2 223:22 224:6,8 225:9 hmo's 197:19 198:10,12,21 243:2 hate 237:15,17,19,20 25:10 243:4 69:6 heart hold hundred hazard 9:15 10:14,14 174:19 8:8 12:6 46:12 62:14,14 66:2 142:4,5 143:7 heat holding 167:3,13 182:8 238:1,1 hazardous 113:20,21 114:7,11 124:5 227:12 hundreds 91:14 142:1 161:21 165:19 184:3,4,6,8 holds 110:14 hazards 185:6 188:24 189:24 190:4 7:18 hundredth 14:3 77:18 142:16 191:6 209:16212:17 honest 166:25 hazlett heated 88:6 hunt 202:17 203:2,10 167:9,11,12209:18 63:21 241:1 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010079 [husch - information] husch illinois (cont.) incidents individual (cont.) 2:23 251:17 252:3 94:4 96:8 97:5,15 98:4 192:5 42:25 46:1 61:6 62:1 74:7 hydraulic 102:10231:17 incineration 103:24 233:15 242:18,20 176:18 177:1 221:21 illness 147:22 243:1 249:18,18 hydrocarbon 102:3 152:1 incipient individuals 52:11 144:22,22 236:16 illnesses 35:16 7:20 26:11 35:6 63:12 hydrocarbons 8:3,4 10:1321:1828:18 incision 101:23 102:15 103:23 72:24 73:3,12,24 144:25 99:6 101:24 79:16 105:13 115:22 243:3 244:3 145:12 imagine include 244:25 hygiene 80:10 106:16 208:14 7:22 136:21 138:19 individual's 17:24,25 18:14 20:10,13 immediate included 43:4 43:6 72:12,25 74:2,16 172:18 179:8 56:25 138:18 180:1 industrial 91:18 92:5,10 153:13 immediately includes 6:10 9:17,25 14:10 17:24 169:15,21 187:18 200:5 65:16 138:16 17:25 18:3,14,16 19:18 202:5,10212:19213:18 impervious including 20:9,10,11,13,1821:11 hygienic 112:11 39:1471:10208:19212:2 43:6 50:8,12,16,20 51:25 212:18 implement income 62:17 63:7,18 72:12,25 hygienist 14:15 234:5,6 74:2,16 77:1,18 91:17 92:3 18:3 50:9,12 204:16,20 implies inconsistent 92:5,24 118:13 120:8,10,18 205:2 206:24 208:4,10 141:19 151:3,7 181:25 163:24 164:2 121:23 153:13 166:16 hygienists importance incorporate 169:14,21 174:17 179:3,22 18:17 19:1921:11 50:16,20 202:2 153:22 180:5 181:15 187:18200:3 51:25 92:24 166:16 203:19 important incorporated 200:5 202:17 203:19 204:10,13 19:21 31:21 32:3 52:25 30:9 158:17 204:10,12,16,20 205:1 hypothetical 73:16 129:23 202:6 221:2 incorporating 206:23 208:4,9 212:19 229:25 224:10,12 225:11 152:10 213:18222:9 239:12,17 i impossible incorrect 243:8 i.e. 101:3 203:12 idea 21:12 36:5 94:12 155:21 156:9 190:18 250:1 ideas 160 17 1643 identification 105:21 205:18 224:7 225:10 identified 99:19 192:23 207:2,4 identifies 271 3 30:13 31:16 32:14 48:2 96:12 97:10,11 102:7,20 188:11 189:3 203:11 225:12 impregnated 95:2,2,6 209:22 impression 183:15 224:15 improper 41:25 42:7 65:1,3,18 66:22 96:9 improved 162:9 improvement 156:20 increase 124:6 162:9 195:10 220:21 226:3 243:7 increasing 227:2 independent 217:12 index 46:5,14,17,21,24 48:19 49:17 50:1 indiana 2:28 63:22 64:12 67:6,6 101:4 210:19215:23 industrially 101:22 120:20 industry 64:3,16 77:10 91:12,13 93:9 110:8 111:9,14 118:21 122:2 129:13,13 138:24 139:7 180:13 181:4 226:13 226:18 inerteen 110:19 140:23,25 141:1,9 146:8,10,20 147:14,15,18 147:19 148:4,6,9 171:6 199:23 200:9,11 201:1,10 201:16 202:22 203:23 identify 72:1,1,3,5 104:3 127:2 130:1 131:19 137:19 138:22 140:14,21 144:4 148:18 158:14 161:2 164:5 170:13 176:14 179:2 181:13 188:8 199:20 205:21 211:3 213:14 214:11 231:4 232:16 identifying 211:16 illegal 42:1,7 illinois 6:17 22:16,22 23:8 24:9 85:2 impurity 160:11 inaccurate 101:7,10 inactive 13:5 inadvertently 184:20 inauguration 38:10 incident 183:23 184:2 185:19 186:1 187:23 190:9,13 191:7,8 192:2 indicate 204:4 205:4 210:17 7:25 10:18 11:7 75:21,24 infestation 81:8 87:15,19 110:11 167:5 70:12 206:16 inflammability indicated 52:24 55:2 38:4 87:20 116:21 204:9 inflammable 225:17 52:9,10,12 224:10,16 indicates inflicted 7:16 83:8 240:5 indicating inform 205:12,13 14:2 243:11 indication informal 47:21,22 90:10 96:11 38:9 51:8 136:12 individual information 8:22 19:5 27:17 37:24 11:17 13:25 14:21 15:22 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010080 [information - journals] information (cont.) innocuous interesting isolated 16:17 27:2 34:20 37:12 62:1 78:1 108:18 15:18 38:1,5,19,22 39:2,14 40:5,7 input interject issue 40:8,10,14,24 41:5,10,14 149:23 64:22 69:6 73:14 110:22 187:19 42:2 43:14 44:2,10,15 47:3 inquired intern 232:8 49:5 56:11,14,17 58:19,20 37:11 6:7 italian 59:11 60:18 61:4,8 64:4,7,9 inquires internal 246:4,6 64:15 66:8,9 97:6 100:21 36:4 105:21,24 106:2 132:1 6:11,21 7:12,15,17 49:6 item 103:15 105:1 106:15 109:8 inquiries 61:3 102:12 118:11 243:14 226:1 109:9,18 113:1,4 118:7,16 105:18 119:10 124:20 131:14 inquiry 132:4 135:24 138:12,18,19 14:22,24 15:2 34:8 35:22 141:21 142:14,14,17,24 88:13 107:4,23,25 150:14 151:9 152:8 153:21 insecticide 153:23 154:1,6,7 156:19 23:1 217:15 168:13,24 176:7 178:1 inspection 180:11 181:1 183:6,7 18:6 138:25 139:1 187:17,20 188:3 189:9,25 inspections 191:16,19 194:2 203:12,21 97:22 206:22 207:5 210:5,8,16 installation 219:5 222:14 228:23 12:15 241:11 247:22,23 installations informational 13:23 95:3 246:1 instance informed 229:21 64:18 institute ingested 9:6 92:6 121:20 192:15 248:9 249:10,14 250:6,12 193:4,6,7 197:2 ingestion instituted 132:15 133:10 134:24 14:20 26:10 249:4 institution ingredient 6:5 82:1 200:24 instruct ingredients 96:17 142:1 instructed inhalation 80:7 230:14 28:19 63:9,13 77:17 82:11 instructions 86:13,15,23 144:7 161:14 150:8,24 151:17215:15 161:17 165:8,9,10,13 177:6 216:1 178:3,5 201:6,15,18 insulating inhale 52:7 122:9 123:17 161:19 insulation inhaled 139:10 122:15 insurance inherited 45:19 46:7,9 109:22 131:25 insure inject 40:9 87:3 intending injected 30:9 160:7 interest injuries 112:3 11:2 201:19232:14 interested injury 58:9,20 59:12 60:19 74:15 14:5 28:17 40:18 109:4,14 106:4 107:2 117:2 129:23 134:7 230:19 233:15,19 136:18 137:25 178:16 234:9,21 235:25 238:6 210:21 217:12 internist j 241:9,11 interpose james pin-14 26:21 63:16 102:4 158:2 206:5 interpret 49:7 interrupt 59:15,17 78:24 interrupted 60:13 223:5 interrupting 59:23 intervals 30:25 31:6 intradermal 160:6 invasion 40:22 investigation 106:11,13,14,19 185:4,5 investigations 58:11 176:17 invites 90:10 involve 172:14 involved 34:4,7 45:21 49:13 60:22 69:16 81:15 90:22 94:5 98:18 108:11 118:9 154:20 160:1 172:15,17 189:24 215:4 232:8 234:20 241:22 242:19 243:1 involves 157:21 158:3 involving 116:6 171:16 190:4 234:17 234:21 235:23 236:8,20 238:5 239:4 irrelevant 237:11 irritating 178:6 irritation 10:25 170:19,19 january 4:19 74:9 132:2 143:14 japan 183:23 184:3,15,19 185:19 185:20,21 187:15 189:14 190:3,14 japanese 120:15 133:23 184:10 185:4,6 187:16 188:19 189:17 191:5,10 192:2,4,6 248:9,25 249:10 250:6 jaundice 63:12 113:25 114:1,16,18 jenkins 224 jensen 218:8,22 job 10:18 21:18 67:2,4 240:13 240 14 241 '17 jobs 157 2159 john's 8:16 johnson 2312 joined 924 1084 joints 99:13 jones 59:10 60:17 72:19 77:23 78:15,16 80:22 81:1 83:5,8 83:13 84:3,8 85:11 108:14 11710 joseph 1646 journal 9:5,5,7,8 20:8,10,11,12,12 72:25 73:14 74:1,15,19,21 18718 1936 journals 8:25 9:2,3 15:13,15 20:5,6 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010081 [judge - latest] judge kelly (cont.) know (cont.) label (cont.) 65:15 119:8 238:2 232:12 239:18 251:11 69:16 71:3,5 80:7 84:5 148:24 149:2,8,21 judgment kelly's 89:19 90:7 92:20 94:17 labeled 248:22 249:3 151:10,13 95:25 97:1,1,2 101:3 102:5 88:1,14 137:22,23 138:7 july kept 103:17 104:11 106:13 labels 147:16,23 170:24 171:17 31:9 46:3,5 47:11 124:21 110:19 112:24 114:11,20 39:1540:2 41:17 149:8,11 jumping 202:12 115:4,6,15 125:3 126:8 149:19 154:1 215:16 191:15 kettering 131:1,2 137:5 139:5 140:7 labor jumps 164:7,13,15 166:5 168:18 140:7 141:8,10,17 146:5,15 39:23 140:17 143:2 153:24 kettle 148:5 155:11,13,22 156:8 laboratories juncture 82:22 166:2 167:15 171:10,12 170:15 172:10,11 199:17 34:22 kill 176:3,4 180:21 182:2 240:22 june 172:19 173:16 174:2,5,5,6 184:15 187:5 190:11 191:2 laboratory 85:17 90:20 174:11 238:22 199:15 204:9,12,15,18 13:25 16:10 73:7 92:2 jury kills 205:16,16,24 206:1,2,17 98:20 99:18 103:20 127:22 4:16 6:1 7:2 40:22 61:15 170:17 172:20,24 208:14 209:13 213:2 214:8 129:4 157:4,6 164:7,13,15 64:25 78:7,7 83:16 114:7 kilo 214:8 218:17,25 219:11 164:19 165:4 166:5 168:17 128:9 130:16 159:25 168:4 77:12 224:24 228:9,23 233:22,22 170:24 171:17 172:12 172:23 208:8 233:19,21 kilogram 233:22 235:21 236:4,14 175:17 176:20,21 179:4,25 242:17__________________ 75:13 76:14 77:11 175:23 238:8,9,16 241:25 242:10 181:15 198:9,19 199:1 k kilo's 243:6 244:18 245:15,22 200:2,5,19 kaimer 92:14 94:23 kanechlor 184:10 190:2 191:5 kansas 197:3 keep 10:15 44:20 45:7,13,17 114:18 130:18 133:13 150:13,15,15 194:7 217:24 224:13 keeps 47:9 keller 219:1 kelly 1:13 2:11 3:12,19,20,25 4:16 10:3 26:22 27:13,14 33:3 34:20 37:15,16,20 38:2,3 41:19,21 44:19 45:6 48:4 49:6,12,17,22 52:3 56:11 61:2,5 63:17 64:10 64:11,1665:11 68:3 69:10 69:18 70:2 71:9,24 79:12 81:11,1486:790:11,19 100:21 102:6,12 103:9,12 111:4 118:2,7,11,19 119:8 119:17 120:3 123:1,8 132:7 144:2 148:2 150:5,11,21 151:3,14 152:10,22 153:24 153:25 168:4,11 173:18 177:20 181:11 188:8 190:8 195:20 196:4 199:4 202:13 203:8 206:25 208:2 213:13 215:14 216:4 227:5,13,22 77:12 kimbrough 121:19 125:10,24,24 126:1 126:5 127:11,15 129:10 186:8,18 193:11 196:1,11 196:14 197:5,9,15,16,23 198:5 kimbrough's 125:13 187:9 197:17 198:3 kind 42:5 65:14 83:14 141:25 145:22 173:1,6 181:12 183:13 kinds 65:6 kingdom 216:25 kingshighway 2:15 kj 141:10 knew 16:9 41:6,7,8,9 64:4,19 68:2 90:11 106:3 109:9 110:8,12,19,20 202:25 203:15 204:14 226:22,24 226:25 248:6 know 18:8 20:25 21:3,12,15,16 23:20 24:14 28:9 29:12,13 29:1431:2,8,10,11,22 41:1 41:2,3 43:20 47:8 53:25 54:9,21 58:19,25 59:23,24 62:1,4 63:22 65:2 66:7,7,14 67:6,23 68:3,3,4,12,18 246:16 247:4 248:7 249:21 250:5 knowing 224:4 knowledge 18:7 32:1 36:9 38:14 58:16 64:13 94:22 108:1 109:3,13 129:3 144:8 148:6 152:16 153:10 156:18 183:16 189:20 190:3,3,9 191:16 192:16 194:2 196:12 202:20,21,24 205:3,4,7 207:6,20 209:20 211:25 222:18 244:22 245:25 247:7 knowledgeable 19:2,3 22:2 203:15 228:18 known 62:16,19,25 63:6,18 64:3 64:11 68:16 91:15 92:1 169:22 199:4,11,14 202:18 204:20 237:2 239:2 242:23 knows 68:5,6 71:6 103:10,12 118:9 187:4 205:8 206:6 207:9,23________________ I l.a. 131:20 lab 176:22 label 144:5,6,9,10,18,20,22,23 144:25 146:8,9,9,11,20 147:7,15,18,19 148:15,19 lack 14:961:7 121:15 152:18 183:8 239:20 laid 96:22 222:8 lakes 191:3 231:19 language 15:20 83:24 135:7,13,23 137:2 143:4 145:22 146:2 148:19 149:19 large 14:12 71:3,5,7 74:18,18 82:22 121:21 159:17 164:19 167:6 172:18 174:21 176:11 180:1 190:14,15 204:6 larger 12:20 22:8 29:2 192:7,9 220:17 largest 164:21 204:7 lasted 117:4 lasting 70:11 late 19:23 39:21 46:6 50:15 137:10 159:8 161:11 169:17 183:14 186:2 193:19216:20217:3 247:15 latest 198:16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010082 [launder - looking] launder lectured lie little 145:20 8:20,21 220:10 40:4 68:15 69:12,23 77:9 laundered lectures life 113:4 145:3 164:23 176:4 84:23 8:18,22 240:11 244:2,5,6 4:6 183:20 188:15 194:15,20 law 244:14,16,24 245:19 light 220:8 222:5 2:23 40:20 41:20,25 63:4 led 118:20 live lawful 129:5,21 198:20 limit 3:25 98:22 3:13 left 190:24 212:25 lived lawsuit 18:16,22 19:16 31:12 36:8 limited 4:2,5 33:13 34:5,8 128:14 237:11 50:19 74:10 112:16 130:23 46:15 49:14 116:24 177:5,5 liver lawyer 130:25 155:10 176:21 limiting 55:25 87:24 114:20 134:12 235:12 227:9 236:4 244:11 66:20 157:23,25 162:1,4,19 163:4 lawyers lefthand limits 194:18 196:19 197:14,17 48:17 144:13 230:8 145:8 122:16 190:24 249:21 242:22 lay legal line livers 221:3,5 10:16 13:15 40:17 42:3 27:10 89:21 166:13 199:1 laying 69:17 lines loads 223:2,2,2 length 90:6 33:17 layman 48:8 lipa local 83:15 lengthy 252:12 8:19 62:5 134:7 layman's 107:7 154:18 liquid locality 83:24 84:1 lesions 112:12 135:1,5 139:9 142:2 7:5 Id 61:1973:9,11 149:3,14 160:2,7 locate 172:23 173:4,9,10 174:23 lethal liquids 33:22 175:2,17,23 77:10 170:17 172:24 77:15 located lead 173:11 list 22:1478:10231:12 82:22 132:15 133:10 letter 9:2 23:5 66:22 234:3,6,7,14 location 134:12,24 135:1 209:11 15:4 65:24 66:15 104:7,13 234:15 52:1661:19 leading 104:18 105:4,6 106:22 listed locations 20:3 57:9 134:10 135:17 107:3,17 131:20 206:11,19 57:24 76:4 87:21 4:23 236:16 190:15 195:24 206:24 208:5,10 209:25 listen london leak 211:8,17,19212:1,2,8,13 58:23 129:24 218:20 142:25 160:22 184:8,9 213:20,24 214:3 215:11 listener long leaked letters 239:17 4:2,5 5:17 19:15 22:4 36:7 184:13 128:8 listing 38:12,15 48:9 65:9 66:19 leaking leukemia 46:9 66:21 70:11,22 93:9 116:7 191:6 236:25 237:3 lists 116:22 117:4 128:4,21,22 leaks level 79:15 129:7,8 181:22 183:7,9 113:22,23 114:7 41:11 99:15 100:9 122:15 liter 186:15,21 198:25 209:14 learn 166:11,12,14,14,15,20 201:17,19,22 202:3 215:8 216:15 228:9 237:2 75:1 76:7 77:23,24 175:16 167:2 174:23 182:2,4,4,10 literally 239:2 240:9 242:23 248:13 216:22 247:11 241:23 203:11 longer learned levels literature 48:8 82:14 112:25 183:4 63:25 76:10,21 124:16 21:13 26:13 100:8,18,22 11:22 16:9,13 19:11,25 look 216:24 101:3,16,22 122:4 166:22 55:18 56:1,20,22 57:6,15 11:21 15:8,15,16,19 29:3 learning 166:23 167:6 190:3 191:2 57:19 58:5 59:9 60:17 64:19 74:23 77:22 84:11 210:22 247:21 191:10213:8 246:9 116:21 117:1,10,16,23,25 96:2 105:4 106:22 119:5 leave lewallen 121:11 153:11,15,16 183:7 128:25 130:22 139:15,22 165:20 63:25 67:7,23 68:4,5 185:24 187:21,23 188:12 143:11 157:25 164:4 170:3 leaves librarian 188:20 190:12241:19 176:16 181:11 187:10 27:16 30:12 31:15 19:18 50:20 117:6 246:2 247:13 248:19,20 205:20 210:25 211:2 215:9 leaving libraries 250:5,9 looked 157:6 74:17,18,19 litigation 11:17 28:24 187:9 196:20 lecture licensed 68:23 110:21 234:21 196:21 244:19,21 6:13,16 248:23 looking 69:13 74:13 91:8,8,10 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010083 [looking - mccrea] looking (cont.) m.d.'s manufacturer materials 139:23 147:4 167:24 170:8 19:8 90:17 94:5 14:2,19,1939:16 117:2 217:13 246:7 magnified manufacture's 214:13 looks 209:23 142:22 matter 79:17 143:14 170:3 214:25 magnitude manufacturing 15:2 33:25 41:25 42:24 loss 192:11 13:1421:1344:1551:19 64:1291:15 110:18114:6 28:20 mail 71:6 81:15 84:21 92:11 187:7 lost 214:25 93:17 105:14 124:19 matters 28:21 45:21 235:18,19 main 142:22 152:3 200:4 204:19 29:15 51:22 53:14 74:14 239:6 82:5 139:12 210:15 213:9 223:24 224:2 169:6 240:18 lot maintenance 224:4,13,20 226:10 245:2 maximum 16:16 35:17 43:16 54:5 25:10 138:25 139:2 246:24 100:14201:9 66:5 103:6 175:12 178:2 major manuscripts me 184:23 185:4,5 249:1 81:24 82:13 204:18 244:18,21 227:21 lots majority marbury mccrea 53:24 67:17 107:11 19:9 188:20 197:7 210:18 2:27,27,27 3:22 20:3 24:11 louis making march 24:20 26:21 27:9,24 28:9 1:1,22 2:1,16,24 4:1,2,5,20 11:1521:11 64:23 65:13 140:5,11 170:24 171:17 29:9,17,22 30:7 31:13,19 4:23 6:4,7,9 8:10,11,13,15 66:18 68:20,24 86:8 106:8 213:22 31:22 32:9,18,24 33:11,18 8:17,20 9:12 10:1 15:5 106:18 118:25 204:3 226:1 marine 34:1,7,18,24 36:12,21,24 22:16,22 23:2,8 24:9 25:8 226:21 220:18231:11,17 37:14,20 38:24 39:3 40:17 25:20 26:24 29:5 35:6 malignancy marked 41:12 42:5 43:16 44:4,7,23 40:20 79:24 80:10,14 93:18 46:4,9 104:2 170:12 176:12 46:23 47:18 48:5,13,21 93:20 94:4 96:7 97:5,15 malignant 208:11 53:1,10,16,21 54:5,13 98:3,14 102:9 103:23 196:19 197:7 market 56:10 57:9,12 58:15 59:6 104:22 105:14,19 106:1 man 131:11,12 59:14,1960:1,7,1061:1 107:24 172:8 176:20 10:3,13 19:1 35:1745:12 married 62:18 63:15 64:23 65:17,23 203:24 204:1 215:7 218:22 48:22,23 77:11 92:1 97:3 4:8 66:11,14 67:3,5,14,22 231:14,20 251:2,19 252:5 215:4 233:5,19 martin 68:15,20,22 69:12,18,23 252:14 manage 108:8 70:19 71:8 74:3 79:12 80:3 low 215:7 maryland 80:16 81:12,20,23 84:14,16 77:8 162:7 182:4 193:20 management 12:20 86:7,11,24 89:14 90:8,23 201:21 25:3 51:12,14,14 80:5 mary's 92:16 93:23 94:9 95:12,16 lower 94:21 114:14 225:3 8:16 95:23 96:4,9,24 97:17,23 130:23,25 145:8 193:25 manager massachusetts 99:17 100:3,12,20 101:13 195:6 21:21 44:13,14 92:15 94:24 22:9 92:11 93:1 102:4,11,19 103:8 104:23 lowering 210:15211:7213:17 massive 105:7,20 106:12 107:2,6,11 174:20 214:13215:5 70:21,24 71:19 107:16,25 108:17,22 109:7 It mandated masters 110:6,15,18 111:10,22 12:25 143:2 19:8 112:23 113:7,16 114:23 lump manfred material 115:14,19 116:9,14 118:6 220:11 92:9 19:21 21:4 39:18,20 41:17 118:22 119:2,7,16,22 lunch man's 77:10 78:3 82:4 83:1 86:18 122:12,21 123:2 125:3 51:5 29:1 31:2 86:19 87:4 90:13,14,17 132:16 134:10 135:17 lyes manufacture 120:11,14,22 123:21 124:5 136:1 138:3 140:21 146:18 71:22 22:25 23:17 43:15 44:6 124:18 125:8 131:11 148:2 150:10 151:2 152:6 lying 140:19 230:3 236:11 134:13 140:16 141:6,18,20 153:20 158:1,10 163:18 220:9 manufactured 141:24 142:10,10 143:5,12 166:17 167:21 168:10 lyle 16:7 22:12,20,24,25 23:1,2 146:13 147:8 156:1 158:16 172:1 173:18 174:13,24 202:17 23:3,18,19,20,21,25 24:9 160:7,21 161:20,22,23 175:20 179:16 180:15,23 lynn 46:2 55:24 79:25 80:15 163:4 165:18 166:9 172:10 183:21 185:11 186:10,13 131:21 93:20 108:5 130:13 141:24 184:9 195:3 201:1 203:18 186:20,24 187:4 188:7 m 151:21 171:7 189:21 190:2 209:17,23 217:14 221:16 189:1,18 190:15,18 191:12 194:4 215:6 234:17 235:24 221:17,18,19 223:10,24 192:10,22 194:1,13 195:15 1:132:11 3:126:5 126:5 199:13200:2 251:11 236:15 238:5 239:8 245:12 226:23 242:10 247:7 248:2 195:19,24 197:20 198:7 245:16,23 249:17 200:13 201:4,14 202:23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010084 [mccrea - mixture] mccrea (cont.) medical (cont.) men mind 203:4,8,20 204:23 205:5,14 18:13,19 19:10,25 20:5,18 22:2 84:20 160:19 55:1569:25 77:16 151:13 206:5,25 207:22 208:6 20:21 23:11 27:7,22 28:6,7 mention 169:1 178:21 181:1,7 242:2 210:2 211:13,24 212:15 28:14,21,22 29:2 31:2,3,3 130:11,18 132:17 155:8 mine 219:18 222:11,14 223:22 33:6,8,9,20 36:1,16,19 37:5 mentioned 104:7 107:9 224:6 225:9 227:6,12,15,19 37:8 38:6,11 40:6 42:18,22 14:6 15:7 19:10 35:4 58:22 mineral 230:2,12,13 232:2 234:1,14 43:2,3,9 44:11 49:12 50:4,5 59:1 60:24 70:2,5 85:10,16 209:21 234:16 235:19 237:18,22 50:14 51:11,15 55:21 56:1 94:17 125:10,12 128:8 minimal 239:23 245:15 247:20,21 59:9 60:17 62:20 63:2 131:15 147:10 183:22,22 201:9 mccrea's 74:17,18,21 75:1 94:19 189:12 193:4,10 222:4 minimize 60:1561:9 96:17 98:5,8 99:3,5,7 239:11 69:22 mean 109:19 110:3 111:16,19 metabolism minimum 5:3 12:4 16:1 17:2 19:16 117:9,15 118:4,11 119:19 220:25 77:10 33:9 39:4 45:9,13,14 51:3 120:5 121:13 122:7 123:15 meter minnigerode 63:21 70:6,17,25 76:15 135:22 136:5,9 143:3 146:3 161:21 201:18213:1 2:16 3:4 83:20 98:1 99:4 103:3 149:17 150:6,23 151:16 method minor 105:16 114:3 115:12 152:2,24 153:13,15,16 247:5 28:18 128:1 146:1 198:13 117:17 120:13,25 122:13 164:8,18 168:11 171:22,22 methodology minute 122:13,17,18 128:20 132:5 171:25 172:5,9 177:15 46:25 47:20 39:1 57:6 58:4 61:13 64:21 133:8 134:3,5 137:5 154:13 180:6 197:3 199:21 202:13 methods 95:18 100:1 183:21 186:11 158:8 160:21 166:10 202:15,17 205:23 207:10 73:7 100:15 246:8,13 186:14 190:8 206:9 182:22 186:6 192:9 217:4 207:16,18 211:7,8 212:23 metropolitan minutes 217:19218:13221:23 215:18 216:4 239:22,23 240:4 33:25 70:3 177:18 198:6 222:6,12 226:4 232:5 240:1 244:5 mice 216:18 234:12 241:25 242:7 medically 166:2,3 mischaracterizing 245:18 156:19 michigan 42:9 meaning medication 231:18 233:4 239:15 misreading 178:4 99:9 microscopic 126:25 meaningful medicine 73:8,11 162:25 163:5,6 mississippi 28:3 192:24 6:4,8,10,11,16,22,23,24,25 182:15 220:13 191:3 meaningless 7:12,15,17,18,25 8:1,2,11 mid missouri 64:10 8:129:7,18 10:6 20:9,11,12 225:16 1:2,22 2:2,16,18 4:1 6:13 means 49:7,13 50:13 61:3,4 71:6 middle 6:14 9:4,12 40:20 172:8 7:2,3,4,21 43:22 79:16 87:3 102:12 117:3 118:12 54:11 179:12 228:24 251:3 252:14 115:13 124:2 129:7 134:6 121:11,18 164:8 168:22 mil misspoke 141:20,21 160:7,19 165:13 169:4 187:19 239:12,17 102:25 120:2 158:19 170:1 172:17,24 173:1 240:9 243:15,18,23,25 mild misstatement 179:6 218:2 220:8 244:1 62:4 79:4,8 176:2,3,5 65:25 66:1667:11,13,18,19 meant medium 209:19 misstatements 75:12 172:16 221:24 209:16 mildly 65:6,8 66:6,12,22,23 68:21 measured meeting 120:19 68:24 100:23 51:9 72:14 military mist measures meetings 12:11 165:10 202:1 20:17,18 44:18 51:8 225:2 milk mistake measuring 225:6,8,11,15 190:22,25,25 58:2 100:25 member milligram mistaken mechanisms 8:14 104:9 106:25 161:21 249:15 110:15 241:21,25 242:8,18,25 members milligrams mists 243:5,9 205:9 122:17 123:4 175:23 145:16 medical memo 201:16,22 202:3 213:1 mixed 4:14,24 5:2,7,9,13,14,15,16 251:1 248:17 165:24 6:13,20 7:20 8:10,24 9:3,4 memorandum million mixing 9:12,12,13,17,25 10:10 132:25 141:22 150:19 100:14,19,23 101:17 102:1 33:12 11:7,17 12:13,13 13:12,16 memory 182:7,7,8 190:22,23 217:10 mixture 13:19,23 14:24 15:5,23,25 24:23 31:15 238:1 247:10 248:4 249:13 88:15 159:20,23 161:8,9,10 16:1,3,5,12,13,17 17:9,11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010085 [mixtures - nurse] mixtures monsanto (cont.) n new 138:24 194:4 189:15,22 190:10 191:11 naked 9:6 11:11,12 15:3 20:23,24 mo 192:2,8 194:4 202:14 163:1,3 103:3,7 112:2 114:9 130:11 2:24 251:19 252:5 mode 203:22 205:24,25 206:1,7 name 206:23 207:2,16 208:3 3:17,20 7:13 31:5 62:7 175:13,14 178:12 newspapers 246:24 211:19212:11 213:17,20 85:13 92:14 106:24 110:20 64:2 67:25 216:25,25 moderate 214:2 215:16 216:13,22 110:23,23 130:12 131:21 niches 176:3 molten 218:5 219:21 220:1 221:8 221:10 223:6,23 224:18,22 139:6,9 140:24 141:3,19 146:21,25 181:25 184:11 177:25 nine 82:22 mon 225:4,18,20,23,25 226:10 226:15,20 227:23 228:3,11 195:15 200:18 233:5 251:14 79:11 182:17 ninety 144:23 228:14 229:2 230:17,24 names 46:10 62:20 77:6 monday 232:13 234:10,18 235:24 106:18 207:3 232:17 236:2 niosh 51:9 money 236:11 238:5 239:8 240:23 236:7 241:4 244:6,12 245:16,23 napalm 121:20 126:7 nobody's 233:20 246:3,5,13,18 248:23 249:1 12:17 33:19 monitoring 251:5 naphthalene non 71:12,13 monsanto's 55:20 56:2,8,9,15 57:4,8 7:18 25:12 28:19 40:20 monsanto 13:18 19:11 20:1,2231:9 89:7,9 41:13,24 46:12 52:9,10 1:7 2:7 3:21 4:17,18,21 35:20 37:4 38:4 75:1 naphthalenes 55:2 76:13,15 88:3,9,10 5:16,23 10:17,19 11:9 124:25 135:24 139:7 190:1 55:19 56:3,20 57:16,24 90:7 220:12 224:10,16 13:10,13 14:14 15:4,9 191:17212:13219:15 89:5 93:6 95:8 nonsense 16:12,14,21 17:8,12 18:14 225:3 230:3 national 156:2 18:20 19:14,24 21:8 22:11 montanto's 9:6 92:5 121:20 192:15 norfolk 23:16,22 24:4,4 27:3,6,15 35:23 30:4,23,23 31:21,25,25 month 193:3,5,7 nature 22:7 normal 32:4 33:12 34:12,17 35:14 5:20 73:15 114:21 131:1 135:17 160:9 195:24 252:10 35:21,24 36:10,16 37:17 monthly nausea normally 38:2,8,15,21 39:22 40:6,9 46:18 40:14,24 41:9,14 42:14,14 months 114:13 near 22:4 149:3 northeast 42:15,16,17 43:12,14,15 12:18 17:20 19:1326:6 180:8 91:24 93:2 44:1,1,2,6,20,21,22 45:7,8 33:22,22,25 70:13 72:10 necessarily northwestern 46:22 47:5,23 49:2 50:1,5 159:4 161:25,25 163:12,13 77:18 197:4 51:11,12,15,22 52:5 53:5 163:13 179:11,12 182:11 necessary notary 55:17 56:13 58:6,10,14 182:17,17,17 185:21 41:15 103:14 132:11 2:17 3:5 252:19 59:2 77:25 78:15 80:15,23 219:14,25 224:25 248:15,24 note 81:9,18 90:6,16,18 93:17 morally need 85:11 93:20 94:5,13 96:8,18,20 157:12 97:16,20 103:16 105:17 mouth 106:10 107:3,22 108:3,4,9 77:15,21 120:12 133:16 41:22 76:6 92:20 112:25 noted 134:20 137:14 143:16 151:5 159:25 191:20 209:4 85:2 notice 108:16,20,21 109:3,6,14,20 134:12 209:24 206:15 110:3 111:6,13,19 113:4 move needed november 115:1 116:22 117:5 118:3 54:2 65:3 50:8 229:17 5:18 149:20 181:16 119:18 120:4 124:12,22,24 moved needs number 125:6 130:4,13 131:5,23 220:21 135:16,21,25 137:4 138:13 moving 191:13 negative 15:1441:1671:2 86:12 103:16 113:22 165:21 139:8 140:18 142:11 144:6 15:11 80:18 173:11 185:17 144:14,18,24 145:23 146:3 muffled neighborhood numbers 146:8,9,19 147:7,18 149:18 49:24 150:6,22 151:15 152:23 multi 154:18 155:2,6,8,12,21,23 148:19 148:25 nerve 12:21 103:13,17 106:9 140:21 160:1 179:16 numerous 155:25 156:3,4,18,24 157:2 multiple neuritis 6:9 55:25 158:4 159:4,5 161:4,16 248:24 235:9 239:1 nurse 169:8,13 170:9 171:1,3,8 muncie neurology 21:20 171:24,25 172:8,12 179:4 215:23,23 7:22 9:8 179:15 181:15 184:12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010086 [oath - ordinary] o observation October (cont.) older oath 90:9 206:3,12 207:13,15 208:5 26:17 122:24 obesity 102:24 observations 32:16 73:22 observed 208:10 odor 124:4 olive 1:21 252:13 once object 97:9 127:25 198:13 oettingen 26:17 40:4 24:20 27:9 29:9,23 30:7 obtain 92:1 199:5,10 200:1,10 ones 33:2 34:22 36:12 37:15 13:25 oettingen's 39:3 40:21 41:13 43:18,19 obtained 200:18 44:23 46:23 48:21 51:25 30:14 32:12 47:25 48:1,1,2 offer 56:16 58:15 60:2 61:8 63:4 100:24 147:21 32:24 50:18 55:15 62:12 74:7 164:22 175:12 176:23 178:12232:11 ongoing 65:3 71:9 81:13 94:9 101:5 obtaining offered 10:8,15 175:10 177:25 103:8,9 115:20 122:14 46:25 147:21 223:9 151:2 152:6 166:17 168:10 obvious offhand open 172:1 180:15 185:11 186:10,13,15,24 188:7 42:3 obviously 139:24 231:7 office 221:22,23 225:21 opened 189:18 195:24 197:21 63:2 64:22 101:9 113:25 13:24 15:3 25:2,14,17 46:8 51:4 108:7 202:23 203:9,20 204:23 214:5 221:2 225:10 227:10 47:1467:17 126:18212:11 operated 210:2 211:13,24 229:24 235:17 237:10 245:4 236:24 237:3 occasion 218:20 officer 16:21 21:8 operation objected 30:4 63:10 80:12 13:3 251:8 60:23 78:2 40:17 49:20 occasional offices operations objecting 56:24 2:15 9:20 33:21 51:4 80:7 121:13 221:23,23 34:20 95:23 107:12 122:21 occasionally 123:10 102:24 objection occasions official 223:12 12:7 104:14 106:24 155:21 opinion 155:23 76:11,22,24 91:20 118:3,8 20:3 24:11 26:22 27:24 20:17 111:25 113:13,15,18 oh 118:16 119:1,19 120:4,8 31:14 34:2,19 37:22 44:4,7 occupational 13:9 62:1071:20 81:16 121:8 122:5,6 123:15 47:17,18,19 49:24 57:9 6:24,25 7:25 8:1,3 9:16,18 85:15 89:6,24 91:16,24 124:11,19,21,23 150:22 59:6,14,21 60:7,15 62:18 10:10,13,24 13:22,23 20:12 100:7 108:2,13 112:1 151:15 152:23 153:4,9 63:16 69:9 70:19 80:3,16 25:12,1228:17,1845:15,17 126:12 131:8 143:14 154:16,17,19215:17 81:20,23 89:14 90:8,23 45:20 49:13 61:3 74:20 148:23 167:12 169:20,25 229:17233:11,13,16235:4 93:23 95:25 96:24 97:17 91:22 92:7,10,25 98:8 174:12 185:2,20 186:23 235:7,8 236:17,22,23 248:5 99:17 100:2,12 102:5,11,19 117:2 121:11,18,21 169:4 192:14 199:2 202:16 opinions 104:23 105:7,20 107:13,16 240:9 241:10 243:22 244:1 216:11 231:18 163:25 168:7,20 176:8 107:21,25 108:22 109:7 occur Ohio 178:23 181:8 197:22 110:6 111:22 112:23 59:8 61:20 96:6 97:14 204:18 241:13 113:16 114:23 115:14,21 115:21 116:9,14 118:23,25 133:20 occurred 119:9,10,14 122:12,23 21:20 58:12 63:12 70:23 oil opportunities 52:20 184:4,13,14,14,18,22 20:17 184:22,25 185:7 209:21 opportunity 123:2,11,12 125:3 134:10 71:3,10 82:13 95:1 127:23 248:11,12,13249:16 31:20 32:2,19 48:11 54:1 135:17 146:16 151:12 132:20,21 142:25 187:12 oils 189:6 226:22 158:2,11 173:18,24 174:13 187:13,14 198:11 216:20 52:11,11 opposed 174:24 175:20 180:22,25 225:15 okay 90:24 190:15 191:12,23 192:10 occurrence 5:8,11 16:2 35:10 60:9 oral 192:22 194:1,13,14 200:13 80:4 61:14 65:23 72:8 73:10,16 77:20 86:6 132:15 133:10 206:5 208:6 212:15 219:18 occurrences 76:18 85:11 88:12 109:13 134:24 170:17,17,25 177:5 223:22 224:6 225:9 245:5 21:19 113:17 125:17 127:18 177:6 objections occurring 131:3 132:17 142:6 143:19 oranges 48:14 59:16 65:12 66:21 69:13 154:13 44:22 occurs 144:18 146:7 148:1 151:11 33:12 163:14 167:3,19 186:5 order obligated 145:18 160:22 187:22 209:24 224:23 21:3 44:25 95:22 103:15 32:4 47:15 o'clock okayed 119:11 155:18 192:23 obligation 33:1 40:19 2:13,14 October 13:7 old ordinary 163:16 132:3,18 135:8,11 177:9 10:3 47:11 95:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010087 [organ - pcb's] organ oysters pardon pbb 157:19 70:8 84:15 233:12 128:11 organic P part pbb's 23:3 131:23 organisms 220:13 organization 27:16 112:2,9 207:19 organizations 9:10,11 25:10 organs 162:20 242:11 original 202:18 251:15 252:1 D.a. 213:19 pa 200:5 page 77:5 79:12 84:14,16 86:10 86:12,14,22,23 87:2,4,18 89:2 91:10,13 92:8,17,18 94:23 118:12 127:20 129:3 130:22 139:15,18 140:1 141:23 143:12 150:17,19 originally 89:11 osha 126:7 ought 170:5 ounces 248:17 249:14 outboard 231:11,17 outbreak 72:21 81:9,17,19 83:10 84:4 96:20 108:6,12 109:1 117:11 187:12,13,14 outbreaks 80:15 127:22 187:15 198:10 outfit 114:8 outgoing 39:15 outline 163:15,18,19 167:21,24 168:2 198:8,18 200:16,17 200:18,19201:5,11,14,20 209:6 210:1,1,10 pages 110:14 208:17 209:3 paid 5:19 129:13 228:19 252:9 252:10 pains 99:12 paint 71:23 222:1 paints 55:13 papageorge 215:2 218:25 paper 47:13 55:12 72:14,23 73:1 73:3,5,8,18 87:11 90:15 132:19 169:16 170:2 198:6 198:16 206:1 222:1 201:8 outset 218:10 outside 4:23 28:21 37:17 38:1 45:20 47:2,23 86:19 166:18 172:11 197:15 230:9 oven 112:9 overalls papers 20:20 132:19 195:18 198:4 paragraph 105:12 132:7 150:16,19 209:6,6,25 213:2 214:5,9 paragraphs 132:8,12 133:7 134:17,18 paralegals 144:13 parameter 202:12 overlooked 197:11 overwhelming 118:20 owned 42:2 78:12 oyster 123:5 parameters 193:8 249:20 paramount 202:2 paraphrase 128:6 parathion 121:2,6 23:1 3:147:178:1 19:1922:6 23:12 39:19 41:14 50:14,21 84:6,6 113:10 132:3 144:11 149:21 164:17 175:10 182:7 190:22,23 participant 239:16 participated 6:10 particular 7:6,12 18:12 21:18 32:22 40:3 41:3 45:25 46:15 49:1 50:24 69:17 78:17 99:7 146:5 157:15 158:7 170:15 184:14 206:1 220:21 222:16 230:9 243:7,7 particularly 77:2 116:22 118:20 135:18 191:17 parties 68:22 partly 46:11 parts 100:14,18,23,25 101:17 102:1 111:24 162:22 182:7 182:8 217:10,11,11 247:10 247:10 248:4 249:13 pass 7:841:11 passing 241:8,9 patch 157:8,9 158:16 159:11 160:5 patent 13:15 pathologist 126:6 197:10 pathology 182:2,14 197:5 pattern 243:7 pause 116:17 pavis 197:1 pay 228:5 payment 45:20 payments 109:24,24,25 127:21,25 128:3 pc 54:18 pcb 28:4 35:7 46:1,2 48:19 50:1 52:13 57:1 64:5 80:6,7,12 80:20 82:2 83:2,17 84:21 87:8,9,22 88:1,5,6,10,15,18 88:21,23,24 89:9,13 90:16 90:18 93:17 96:7,18 97:14 97:20 98:3,11,13 99:17 100:8 102:1,9,18,23 104:15 105:14,19,25 107:24 108:20,21 109:15 110:19 110:21 112:12 121:13 122:1,4 124:7 125:15 127:16 130:18,18 132:24 133:3,4 139:13 141:1,3 144:19 148:3,5,7,7,15 150:25 159:9,21 161:7,9,10 162:8 163:12 166:7,22 171:3,9,12,13 175:19 178:5 181:16 184:10,12,18,25 190:20,21 192:19 193:4,8 193:21 195:1,2,5,22 196:5 199:25 200:1 202:22 212:17,25 214:23 215:5,6,8 215:19220:9 221:17,18 222:5 227:2 231:6 232:8 234:9 238:9 241:19246:12 246:22 pcb's 22:12,21 23:17,25 24:5,9 29:6 37:22 52:3,18 53:15 54:19,22,23 55:5,10 56:3,7 56:15,23,25 57:6,7,16 58:5 59:8 62:9,17,24 63:7,9,13 63:19,23 64:1,5,9,14 67:24 68:17,1970:4,1571:11 75:22 76:1,8,23 79:25 80:9 80:14 81:15 82:20 84:10 87:7,11,13 89:8,12,19,21 90:5,6,22 93:5,20,22 94:5,7 94:15 95:9 96:12 99:15 100:9 101:16 108:4 109:5 109:10,16 110:5,9,13,13 111:7,14,21 113:14,15,20 114:5 115:2 116:2,7,13 117:9,15 118:5,10 119:20 120:6 121:9,22 122:2,7,15 123:5,16,23,25 124:1,3,8 124:13,16,24 125:11 126:11,15,17 127:6,21,24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010088 [pcb's - plaintiffs] pcb's (cont.) people (cont.) perry physical 127:24 128:2,5,15,17,23 92:11 93:1 95:2,9 96:25 252:12 17:12,21 18:7 24:7,15,16 129:5,21,24 130:14,15 101:21,22,25 102:25 103:7 persisted 24:19,21 26:1,22 29:4,6 132:14 133:12,22,23 103:16 106:3,13,18 113:1 183:11 217:18 30:21 32:12 33:4 34:16,17 135:15 137:7,10,12 138:13 113:23 114:1,2,3,10 115:17 persistent 34:21 35:1 97:21 98:9 138:16,18,20,20 139:7 116:1 117:17 121:14 61:24 103:20 130:5,10 137:23 141:7,15 142:11,15,16 124:17,19 136:19 137:25 persisting 138:1 142:2 208:16 143:5 145:24 146:21,25 144:14 150:18 152:3 219:22 physician 147:22 148:8,11,24 149:2 153:12,14 155:20 157:13 person 4:19 10:20 11:21 25:11 149:11 150:8 151:18 153:1 158:4 167:4 170:3 174:8,18 11:14 26:5,6 37:11,24 49:3 28:6 30:22 43:9 44:12 154:8,20 156:19,25 159:18 184:23,24 185:15 188:1,4,5 92:14 94:23 110:20 117:2 50:13 63:25 79:24 99:14 160:2,3,5,24 161:18 163:8 189:14,17 190:9 191:10 118:13 136:24 194:25 103:22 108:3,5 241:7,10 163:25 164:11,13 168:8,21 196:20,21 214:20,22 202:19 237:1 248:13 physicians 169:9 171:1,16 173:21 215:10 217:9,22 218:21 251:14 9:15 19:20 27:6,22 28:14 175:1,8,11 176:18 177:1,3 219:13 221:3,3,16 225:10 personal 50:21 74:20 80:14 96:16 177:22 178:10,11,13,13,17 226:7,15 235:8 243:10 38:14 109:4,14 202:5,9,24 240:8,8 178:21 179:6,14 180:12 246:7,22 247:25 249:18 207:6 211:25 230:18 physiology 181:3 182:23 183:5,9,11 percent 232:14 234:9,21 235:25 19:4 184:23 185:6 188:1,6,22,23 12:6 46:10,12 62:20 66:2 238:6 pick 189:13,14,16,16,17,21,23 87:23,23,25 148:7,11 personally 79:21 165:19 190:1,2,10,14,24,24 191:5 159:21,23 193:23 213:1 74:8 pig 191:10,11,17 192:2,3,5,5 percentage personnel 47:24 71:15 192:16 194:12,20,24 248:12 249:12 153:13 pigmentation 197:19 198:9,11,12,15,20 peregrine person's 61:22 203:14,24 204:4,22 205:4 226:5 26:5 142:20 pigs 208:16 209:1 213:6,7 perfect pertinent 165:25 166:2 214:16215:25 216:6,10,19 162:17 48:10 pimples 217:2,4,18 218:6,15,16 perfectly ph.d 61:20 134:9 219:6,7,13,16,22 220:5,6 152:4,4 19:6 199:11 pin 220:15,23 221:20 222:21 perform ph.d. 39:9 223:7,16,17 224:2,4,5,20 86:4,21 157:2 19:7 126:5 210:5 pine 225:18,22 226:3,10,13,21 performed ph.d's. 12:15 230:4,19,25 233:2,3 241:14 26:25 86:6 97:20 156:24 19:9 pinhead 241:22 242:14,17 243:1,6 170:25 171:20 177:12 pharmacological 62:2,2 243:11,12 244:3,7 245:23 179:20 183:2 127:4 175:4 pinpoint 246:3,4,5,5,14,18,19,22,24 period pharmacology 205:6 247:2 249:2,9,13,24 250:6 5:20 6:12 23:16 25:25 9:18,25 19:3 127:5 198:7 pioneers pcdfs 30:25 39:6,11 46:21 48:18 phd 202:18 127:24 198:12 52:4 70:7 71:2 74:9 108:9 200:2 Pittsburgh pediatric 111:18 136:2,3 165:21 phenomenon 164:23 200:5 210:25 7:19 179:11 181:22 195:2 220:7 211:11 213:19 peer 196:22 216:23 philosophy place 47:2,21 169:25,25 172:3 periodic 150:6,11,13 8:21 36:3 72:16 81:6 87:8 175:20 180:17 17:21 21:6 34:16 35:13 phone 114:4 119:10 122:8 164:1 pen 51:7 97:21,22 214:5 168:9,21 183:7 201:10 51:2 periods phosphorous 227:6 231:19,20 250:16 Pennsylvania 26:13201:16 11:15 placed 72:1295:11 211:12214:14 peripheral phosphorus 39:15 137:12 pentachloraphenol 235:9 239:1 12:16 23:2 places 238:13,18,20,24 239:5 permanent phrase 26:10 52:16,21 118:17 people 114:12 68:1671:15 160:18 7:19 10:9,21,21 16:19 permissible phrased plaintiff 17:16 22:8 25:14,16 27:12 73:24 132:9 246:17 2:22 3:2 231:5 237:7,24 30:11 37:16 41:6 44:16 permit phraseology 239:6 45:14 46:11 50:23 52:10,20 65:15 146:6 plaintiffs 58:24 74:13 78:6 80:6,18 1:5 2:5 3:24 33:13 34:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010089 [plaintiffs - print] plaintiffs (cont.) point (cont.) possible (cont.) preferably 46:23 48:3 68:25 96:13 154:5,5 167:14 173:13 64:5 73:2,22 113:12 130:21 190:5 203:12 204:23 230:14,18 189:4 195:6 203:1 209:5 150:15 196:3 209:10 213:7 preliminary 230:24 232:13,17 235:12 220:1 224:17 226:20 possibly 34:10 53:14 235:13,18,19,25 238:15 pointed 195:22,25 205:17 223:7 preparations plaints 208:3,9 posted 77:8 157:5 24:15 poison 12:14 prepared plankton 162:5 222:5,7,22,23,24 postgraduate 142:11 220:18 poisoning 6:6 prerequisites plant 70:8 77:9 118:8 127:22 posture 47:6 4:20,22 10:20,21 11:20,20 198:10 220:23,24 240:4 69:16 prescription 11:23 13:24 17:15 18:6 poisonous potential 175:5 21:7,11,18,20,21 22:2,3,4 162:9 11:14 17:1 94:11 136:20,21 presence 24:5 25:3,8,15,17,18 26:23 poisons 157:15 199:22 200:8 188:21 26:24 27:5,21 28:5,13 29:5 222:10 210:20 present 29:7 30:23,23 34:17 35:5,6 poke pound 25:9 74:16,17 126:17 35:1342:1,6 44:13,13,14 47:24 71:15 150:3 146:13 160:11 190:21,22 44:17 50:10 58:10,14 59:2 policies pounds 235:10 248:21 249:1 59:7 63:22,24 64:1 67:24 14:15 24:21 25:1,2,5,7,8 77:12 120:22 151:22 presented 68:4,19 69:3 78:8,9,10,12 policy pour 85:18 118:11 156:10 78:23 79:24 80:13,23,24 14:20,21 16:11,20 17:11,14 197:1,12 preservative 81:9,18 82:10,14,17 96:16 17:16 24:7,14,22 25:25 powers 62:11 238:21 96:21,25 97:4,5,22 98:4,15 26:4,16,22,24 27:1 29:6,10 5:6 preserve 103:22 105:9,15,19,19 29:10,11,12,16,16 35:20,21 ppo 119:11 106:4,5,7 108:3,4,5,7 112:5 35:23,24 36:5,7,10,17 37:4 171:6,11 210:17 preserving 114:14 142:20,21 210:16 37:10 38:4,8,12,17,18 40:6 practical 62:12 210:19 215:5,6,23,24 43:13,18,1944:1 210:22 president plants polybrominated practice 10:1 11:10 12:2 16:21 17:5,8,14 127:7 128:11 6:14,16 10:5,7 54:15 pressure 17:22 21:7,23,25 22:8,11 polychlorinated 116:23 142:3 22:14,17,21 23:7 24:8 76:12 83:2 118:14 127:6,12 practiced presumably 25:24 27:6 28:23,25 29:2 pools 61:3 78:25 79:1 147:1 171:7 46:1547:1471:11,12,12 71:23 practices 204:1 80:19 96:15 213:9 poor 14:15 125:4,6 presume plastic 82:10 83:24 84:1 pre 71:10 177:1 200:14,19 55:11 population 56:22 57:15,17 144:15 228:8 plasticizer 103:11,13 precautions pretty 55:10 221:25 portfolio 77:4 84:9 90:21 91:4 125:1 42:3 165:18201:17247:18 play 4:24 5:3 142:8 143:1,8,9 151:5 prevent 149:24 portion 153:7 163:16 180:13 181:4 60:8 135:5 142:18 plaza 36:12 130:14 202:22 prevention 251:18 252:4 posing precise 8:3 13:22 84:19 please 60:7 117:12 150:14246:9 preventive 3:17 11:8 30:19 38:24 position predicate 6:23 50:13201:25 243:17 43:24 45:5 92:17 94:2 8:9 18:10 50:10 131:24 118:7 243:25 104:6 106:12 115:24 120:1 positions predict previous 140:22 144:4 173:22 8:8,14 9:16 157:15 55:3 80:5 82:6 205:14 208:7 222:20 positive preeminent previously plus 80:17 129:4 140:9 160:9,21 179:24 16:7 52:10 87:21 75:11 222:17 162:18 198:19 prefaced primarily pneumonia possesses 197:22 25:17 46:3 52:15 55:15 45:14 36:2 prefer primary point possibility 111:2 8:21 14:17 178:15 31:15 32:5,10 37:23 49:8 46:4 80:6 227:1 preferable print 53:10 56:18 60:3 63:16 possible 163:21 90:3 140:8 65:7,8 67:12 75:4 96:1 14:3 36:17,25 37:6,9 54:3 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010090 [printed - question] printed product (cont.) properties (cont.) purchased 138:13 42:23 55:21,23 131:9 138:1 75:4 130:5,10 131:7 137:23 24:4 prior 141:20,25 147:19,20 138:1 174:21 208:16 purchaser 20:7 23:25 58:14 59:2 150:25 152:9,17 153:11 protect 243:11 96:20 126:19 136:13 170:8 170:16 171:7 173:9,10,14 38:1941:15 purchasers private 179:9,10 192:8 208:13,15 protection 246:12,18 247:22 25:14 222:13 224:9 226:14,17,17 126:19 135:4 142:14 purchasing probability 239:20 244:23 246:25 150:14 13:16 62:21 197:24 248:1,5 protective pure probable production 202:11 83:21 202:25 62:22 89:21 90:6 202:5 209:15 protocol purpose probably products 27:1 28:1 46:24 47:19 21:8,10 34:16 35:13,15 5:5 7:13 9:1 23:3 33:16 11:11,12 14:1,3,9,10,10,18 90:12 93:24 94:12 96:10 37:10 38:17,18 68:7,8 46:18 48:16 66:7 70:3 72:9 14:22 15:8,18,21 16:13 97:3 99:19 104:25 107:3 111:1 142:9,13,16 72:10 75:4 112:8 117:25 19:4,11,22 20:1,22 22:20 protocols 189:1 130:8 159:8 164:20,22 24:10 35:23 38:22 39:25 118:17 pursue 189:11 205:1 211:10219:6 40:11,13,1541:3 43:15 proved 112:25 238:12,13 245:17 44:6 52:11,1371:18 116:22 16:8 76:13,20 87:23 152:4 pus problem 116:25 131:6,7,15 135:15 provide 79:18 11:24 12:3 16:25 17:1 135:25 140:18 144:24 41:14 103:19 190:5 put 58:13,16,18,22 59:2 62:17 161:5 173:15,15,21 174:1,1 provided 13:5 31:1 52:23 55:6,11 63:7,18 66:8 70:6,16 78:2,3 175:11,13 177:3 178:1,16 71:14 103:22,23,25 106:20 86:17,1891:5 112:15 135:8 78:4,8 82:16 108:21 114:20 185:8 210:14,23 215:19 160:19 215:16 227:23 136:11 137:15,25 140:7 120:10 157:24,25 183:12 224:16 226:15 245:3 providing 144:24,25 147:7 149:8,11 185:3 188:17,22 218:6 professional 21:1 149:14 155:25 165:17,18 222:16 6:2 7:10 9:10,20 province 166:6,7,8 190:23 226:25 problems professor 40:22 227:16 4:23 7:20 11:1,13,14 27:3 8:11,12 50:12 72:11 75:2 provision putting 28:19 36:18,25 37:7,9 58:7 77:3 138:14 221:9 63:8 64:6 68:16 70:4 81:8 profit public q 95:1,10,11 104:21 114:13 115:18 116:2,13 134:13 137:10 166:12 182:5,6 185:16,17 188:4,5 189:14 226:1 program 6:25 10:22 17:17 46:10 64:17 177:25 223:9 2:173:5 9:5 15:1791:18 92:6,23 126:21 130:4 216:8 244:1 252:19 publication qualification 56:17 158:3 qualifications 97 1 174 14 174:25 241:16 225:5 241:8 248:9,16,25 249:10 procedures progressive 162:2 project 56:24 72:9 130:3 169:12,22 169:24,25 188:9 192:23 214:7 224:7 qualified 48:24 49:1 96:21,25,25 158 5 241 12 14:4 18:11 21:3 51:20 85:5 199:22 90:11 93:9,12 149:22 prolong publications 121:24 240:12 quality 83:24 84:1 104:9,12 107:1 152:25 216:2 245:10 proceed 118:24 154:11 prolonged publish 38:21 131:5 169:8 170:5 quantified 248 18 34:14 process 69:13 93:15 122:17 125:7 published 126:16 132:13 133:9,15 8:24 9:3 72:8,10,16,25 quantify OAQ-Z 18:2 21:13 185:6 188:23 processes 247:24 processing 184:4 134:23 145:16,17 208:24 209:10 prominent 113:24 121:17 promote 74:12,22 86:2 91:6 130:4,9 156:1 169:14,16,19 170:6 185:23 186:1,17,19 187:16 187:17,23 188:20 190:12 193:6 212:18216:15 quantities 189:15,21 190:14,16,17 quantity 173:17 174:10 192:7 248:8 248 15 produce 14:15 puffed quarterly 32:5,7 33:24 proof produced 125:14 2:11 3:13 16:14 30:2 32:13 proper 32:22 101:3 131:8 191:14 30:10 32:4 97:6 118:19 product 138:23 190:5 202:11 99:11 pull 95:5 pulling 95:1 45:22 46:19 109:22 169:15 16921 queeny 11 20 30 22 35 5 question 14:16 15:1 16:4,7,9 19:3,5 properties pulmonary 24 25 27 16 28 1 2 29 24 36:17 37:6 41:7 42:15,16 14:18 15:8,10,21 18:7 19:2 10:25 30:8,13,16 34:25 36:13,23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010091 [question - regard] question (cont.) ran real recollect 37:1,25 39:8 40:18 41:20 89:16 98:24 144:14 175:3 37:9 47:24 179:7 244:14 41:21 42:15,17,23 43:5,19 181:19 reality recollection 43:22,24 44:25 45:4 48:16 random 88:15 24:23,23 25:5,23 49:3,9,18,19,20,23 57:11 29:3 realize recommend 59:1,1661:8,9,12,1463:5 range 237:15 201:9 81:13 90:9 91:2 94:2,10 7:20 101:16241:10 really recommendation 96:23 97:13 100:5 103:14 ranks 54:13 58:23 73:10 104:23 51:21 122:24 105:3,3,24 107:19 109:12 12:22 105:3 141:22 155:14 176:4 recommendations 111:23 113:6,10 115:24 rarely 233:25 236:3 51:17 119:9,13,13 122:16 123:7 150:18 realm recommended 123:12 126:12 133:14,25 rashes 151:10 125:6 180:14 135:18 151:3,12 152:7,7,9 28:18 reask record 152:14,15,19,20 153:23 rat 30:18 123:7 152:19 3:18 49:21 60:16 71:9 72:1 154:3,16 155:17 173:22 125:25 161:14,17 reason 88:25 101:7 106:19 123:13 180:20,25 181:13 183:20 rate 26:24 40:21 41:13 43:20 140:5 144:4 187:11 186:12,15 187:1 188:9,18 140:10 143:21 187:22 46:24 63:17 67:9 82:5 recorded 190:8 191:13,21 192:25 228:24 229:1 110:7 168:11 178:15 31:1832:1247:1667:8 193:2 194:6 195:25 197:21 rats 186:16 188:5 189:19 91:7 117:22 197:25 206:10 222:20 87:2 126:16 161:19 162:2,5 197:21 203:4,9 246:21 records 242:6 243:22 246:16,17 162:10 163:11 165:25 reasonable 32:13 33:6,9,20 93:25 questioning 166:3 170:18 181:17 193:9 118:4 119:19 120:5 122:7 115:23 225:11 27:10 43:5,6,7 193:11 195:23 196:6 123:15 150:23 151:16 recovered questions 197:17 199:1 200:12,21 152:24 215:18 114:2 116:3,4 3:16,21,23 29:17,18,18,20 201:1,2,3,20 reasons reduced 29:23 34:11 36:3 39:8 48:6 raw 51:20 177:24 208:25 202:3 48:6,10,11,12,13 53:25,25 14:1 44:24 117:1 223:18 refer 54:1,3,8,9,11 65:11,21 69:8 ray recall 10:7 130:17 139:5 222:24 72:7 74:6 95:19,20 107:8,9 79:7,15 58:4 85:8 183:11 185:25 reference 107:10,11,14,14 122:23,25 rays 189:7 193:14 194:6 204:25 84:16 85:12 86:8 101:21 170:21 189:19,23 208:23 98:25 214:17 232:7,10 233:5 107:4,17 127:14 227:4,21 230:20 reaction 236:7 238:11 239:7 243:5 referenced quicker 160:9 170:16 179:8 219:15 recalls 139:5 212:2 170:22 reactions 33:7 referred quit 160:13 225:3 receive 11:3,24 14:23 15:2,5 77:14 121:5 reacts 7:9 16:1740:7 110:4 111:6 104:13 117:1 149:22 quite 242:4,10 111:19,24,25 112:1 116:11 199:23 222:21,23 15:14 25:22 62:5 113:22 read 136:24 referring 120:17 124:4,4 144:11 49:2 60:14,16 64:2 67:24 received 79:13 125:4 190:19 151:20 152:4 159:20 74:21 75:14 76:6,8 84:2 6:3 11:1840:8 48:1972:9 refers 178:17 179:12 185:3,21 86:1 87:20 105:5 124:16 80:17 109:22 116:5 136:16 72:20 147:2 148:7,8 196:19 223:1 132:6,11 133:6 134:16,17 154:6 158:16 172:5,9 refinery quote 143:16 145:3,13 153:18 177:14212:1 52:11 77:7 125:16 162:7,15 154:25 158:18 169:18 receiving refired quoted 187:11 189:8 198:3,4,25 142:20 227:22 152:23 132:10 201:13 209:3,4,5,9,25 reception refused r 210:10,24 242:2 248:19,20 51:2 reader's recertification 51:20 regard 210:18 150:15 readily 6:25 recertified 16:20 17:12 20:1 24:7 29:6 37:21 38:22 48:4 51:22 160:5 rahhitc 15916 17 165 25 166 3 9 17018 74:13 133:20 216:8 reading 88:25 89:2 121:14 133:13 135:10 154:9 210:2 ready 6:22 recognize 49:16 64:8 100:24 126:23 recognized 7:5,9 50:9 126:11 129:19 54:18 56:14 81:17 87:7,15 105:18 124:12 127:15 142:15 150:7 168:7,20 189:23 191:9 194:3 195:14 195:20 196:15 197:18 142:19 234:2 205:4 221:10 228:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010092 [regarding - revised] regarding renate represented response 20:22 35:22 55:18 113:14 121:18 196:1 2:22,26 145:5 28:2 107:5 157:20 166:18 115:2 178:24 189:19 render reprinted 172:18 201:25 210:17 235:4 236:17 241:13 208:19 212:21 responsibilities regular rendered reproductive 11:6,8 25:21 30:25 51:9 237:21 185:15 222:16 responsibility relate reorganization reputable 10:2341:11 36:13 85:23 211:6 169:24 responsive related repeat reputation 51:16 152:7 203:20 19:22 36:18 37:6 46:2 36:23 45:3 97:12 115:24 196:2 rest 72:13 93:21 94:6 108:20 117:12 119:13 120:1 128:7 request 124:21 140:8 141:6 169:9 175:19 200:14 168:15 180:25 208:1,7 31:20 32:8 51:18 165:1 restate 200:15 216:5 241:13 repeated 175:7 177:11,22 179:19 58:25 91:1 107:18 151:12 relating 93:14 122:8,12 123:16 183:1,4 191:20,24 143:4 170:25 230:3 240:15 125:7 132:15 133:10 requested result 244:7 134:24,25 144:6 187:14 171:20 62:6 63:18 68:17 70:23 relation 201:15,18 208:24 209:11 requests 102:17 160:4 233:18 44:21 45:7 109:5,16 110:5 repeatedly 32:5 51:16 235:16 237:6 238:10 111:21 118:5 119:20 120:6 80:1 81:16 required resulted 121:9 156:24 161:17 rephrase 28:20 32:6 39:24 104:24 209:20 relationship 57:11 105:2 246:16 requires results 192:1 reply 194:15 70:22 77:17 86:23,25 89:18 relative 66:1 research 99:22 101:1 103:20 106:23 34:20 56:14 57:3 174:15,25 report 13:16,24 144:21 158:16 134:8,11 157:14 161:17 194:3 222:18,19 27:7,13,22,25 28:6,14 35:8 175:14 178:12 199:21 166:4 169:12 192:21 193:3 relatively 64:20 90:25 95:13,17,25 216:10 196:24 208:20 239:4 11:1052:1055:2 173:12 96:1 115:17 116:16 117:11 researchers retired 238:10 132:5 158:15,23 161:3,4,11 217:12 5:19 19:23 26:19 29:7 relay 161:16 164:6 167:5 170:14 reserves 42:20 136:4 150:22 151:15 46:8 180:9,17 200:6,20 201:12 13:4,6 245:10 relevancy 212:21 resident retirement 34:9,13 245:5 reported 6:8,8 23:9,9 31:7 118:2 119:18 relevant 27:12,1528:10,10,11,15,22 residual 119:25 120:3 149:19 54:4 197:25 36:1 37:7 77:14 78:25 79:2 81:5 112:16 115:11,12,18 154:16 reliability 86:5 90:15 115:15,25 116:2 residue return 102:7,20 117:8,14,21 120:22 161:19 235:10 13:10 17:6 remain 175:17201:21 218:11 resign returned 38:12 243:2 13:5 13:12 remained reporter resigned review 38:14 162:17 2:173:460:16 111:3 13:7 16:12 19:25 20:6,21 28:12 remaining reporting resistant 30:10 45:23 46:17 47:2 162:11 1:20 104:15 252:12 139:9 55:18 74:8 75:2 121:11 remarks reports respect 127:4 161:11 168:19 91:5,7 15:16,17 23:14 28:25 36:17 24:21 31:16 33:3 47:25 169:25 175:21 177:15 remember 37:6 45:18 49:2 80:13,17 64:15 103:13 188:9 197:25 180:8 187:22 198:6 30:16 58:22 94:25 95:4 102:5 109:22 113:12 respected reviewed 100:4,14 180:19217:7,13 115:10,11 116:1,5 151:23 204:15,20 19:10 20:6 47:21 50:1 217:15 221:13 229:5 231:7 151:25 152:1,12,18 153:15 respective 77:24 116:21,25 117:1,4 234:11 235:15 236:1,4 153:25 163:24 164:12,13 180:9 168:5,16 172:3 176:9 245:9 247:2 168:5,7,17,19 169:1,5,8,12 respects 178:19 180:17 188:12 remembered 170:8,23 172:4 176:8,9,14 61:18 reviewing 11:19 177:2,14,21,22 178:19,20 respirators 19:17,20 46:20 241:19 remove 179:3 180:4,11 181:2,14,20 143:8 reviews 145:18 187:17 190:20,21 219:3 respond 153:11 removed represent 29:11 53:11 154:10201:11 revised 97:4 113:25 114:3 205:8 3:21 77:18 140:5,11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010093 [revisions - separate] revisions sacred save second (cont.) 139:3 190:25 42:3 54:5 107:14 187:13 197:20 200:17 rice sacrifice saw 203:8 204:7 205:14 209:19 184:4,14,14,22,22 185:7 182:14 51:3,5 81:3,6 97:8 99:8 214:5 231:11 248:10,12,13 249:16 sacrificed 114:1 115:22 129:15 155:3 secondly riceburrough 162:23 155:8 159:3,7 162:24,24,25 209:7,10 219:9 safe 163:4 206:8 secretary richter 14:4,22 18:1 21:2,3 38:5,22 sayers 50:7 197:4,12 40:4,10,13,15 42:16 43:14 91:16,17 92:4 section rid 44:2,9 77:4 84:9 85:5 91:19 saying 105:9 143:7,8,9,9 137:16 183:24 93:4,9,11 122:7 124:25 29:12 34:3 63:20 88:10,18 sediment rigged 125:4,5 131:14 135:25 88:23 123:11 150:3 154:14 220:14 114:7 141:20 143:4 145:23 155:17 242:9 seeing right 149:22 150:7,23 151:16 says 210:25 214:20 3:23 41:1 51:24 52:20 152:4,9,17,25,25 160:23 3:1427:1471:9 77:13 seen 69:24 75:17,20 89:21,25 166:12,14,14,15,21,23 128:7 129:21 140:6,9 43:8 62:1374:1981:11,14 114:17 131:3 132:25 134:9 167:3 168:8,20 178:21 145:16 146:11 155:19 99:22,23 158:23 174:8 136:10 139:24 143:22 180:13 181:4 190:24 159:14 162:7 163:15,20 190:13 205:9,10 206:7 145:7,10,15 153:20 159:13 202:21 212:20,24 215:15 198:8,18,22 200:21 201:15 self 177:3 209:2 220:6 232:25 216:1,5 201:20 240:5 234:13 235:14 247:20 safely scattered sell 248:11,21 93:8 123:16,22 124:24 33:21 150:3 155:16,20 223:11 rings 153:5 164:1 180:12 181:3 school selling 82:24 216:3 223:10 8:10 55:21 74:17 164:8,18 225:18,22 226:1 risk safer 197:3 239:23 seminar 126:18 154:8 167:2 schwartz 85:17 94:22 river safety 92:22 seminars 191:3 14:16 21:21,22,23 22:1,3 science 239:16 244:4 rivers 39:18,20,22,23 41:17 44:12 6:4 14:8 17:25 239:19 send 217:6 44:14,18 51:21,22 68:1 scientific 41:5 89:21 155:17,18,19 role 90:21 91:4 121:21 140:16 16:13,15 20:5,18,22 117:9 170:1,2,4 228:5 49:1451:11 131:25 141:6,15,18,20 142:11,17 117:15 170:4 176:19,22 sending room 143:5,10,12 150:20 151:6 188:21 197:23,24 216:5 65:24 214:3,4 33:16 34:6 47:12 124:3,8,9 153:7 211:10,10212:10 217:25 220:8 sends 124:13 167:11 224:12 scientifically 98:20 roughly salary 125:14 senior 167:15 175:24 233:7 46:13 scientists 104:8 106:25 211:10 rubber sales 188:19218:9,11,19 sense 95:5 15:3 39:13 131:12 136:25 scope 132:25 rule 221:22 166:18 sensitive 237:14 salesmen scott 80:9 96:19 rules 136:19 155:12,15,16,20 232:18 sent 32:2 salt screening 36:6,18 39:25 78:15 89:19 run 14:12 175:6 178:8 90:5,13,15 104:14,18 41:23 82:21 98:22,24,25 sample se 108:14 151:22 168:6 169:8 102:25 116:17 175:3,8 98:20 62:5 195:9 240:7 172:10 180:6 196:25 178:7 179:14 182:14 sampling seal 197:11 203:18206:12,19 213:11 29:3 252:16 207:5,7,9,9,23 208:19 running sanctions sealed 211:19212:1,8,23 213:20 68:12 79:20 155:20 247:18 69:6 165:17 213:25214:7,15215:11 runs satisfactorily searches 216:13247:3 98:20 226:8 19:18 sentence s sack 112:11,11 sauget 97:5 saunders 23:11 second 4:20 73:3,5,6 81:12 88:2,4 88:8 113:10 115:19 125:21 150:10 161:6 164:24 105:5 129:2 187:10 209:6,9 210:24 separate 229:9 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010094 [separated - soon] separated short (cont.) similar slides 229:12 185:9 201:16213:12 25:9,20 52:11 61:18 176:23 182:14 196:21,21,22,25 separately 239:12 189:23 197:10,11,11 72:3 170:22 shorthand similarly slightest September 2:17 3:3,4 210:18 156:9 73:1 119:18 161:3 shortly simple slightly serially 20:16 23:18 24:3 38:11 66:16 187:7 76:20 162:9 72:4 110:22 159:1,3 simply sloat series shot 28:1,2 29:11 31:15 33:6 214:13,24 7:7 57:1 59:7,9 61:19 72:20 174:7,9 48:2 49:5 53:11 64:9 96:12 small 73:6 170:11 212:18 shots 99:20,20 118:18,19 119:4 11:10 17:4 71:7 95:8 106:9 serious 129:15 189:3 124:4,5 179:10 183:8 28:19 61:24 62:5 70:22 show sir 190:17 191:3 238:10 79:6 116:7 162:4 221:4 34:18 40:1,3 55:14 58:3 84:14 139:17 156:6 228:18 smaller serve 129:25 131:18 137:13,17 sit 28:25 12:11 228:10 241:3,6 137:18 140:12 145:3 68:13 223:3 smell served 154:24 157:19 158:13 site 124:4 239:8 241:7 160:13 161:1 179:1 182:5,6 202:4 smith serves 196:15 199:19 205:25 sitting 72:11,11 74:25 75:2,8 77:3 68:7 110:25 214:10 3:22 124:1,8 226:16 216:6 service showed situation soaked 4:7,25 5:22 10:11 12:13,14 195:11,16 196:17 25:9,20 28:3 30:13 31:16 145:20 13:6 15:17 18:14 92:6,23 showing 32:15 45:16 48:2 67:6 soap 126:21 131:22 155:10 48:22,23 101:2 103:12 96:12 189:24 226:6 145:18 160:20 226:25 241:4 109:8,9 110:7 166:19 six societies services 168:11 172:2 173:19 4:13 9:1 17:20 19:13 35:4 7:10 9:16,21 91:18 126:22 227:23 180:16 202:24 206:7 210:4 72:10 79:10 87:21 159:4 society set 211:25 222:18 163:13,13 168:1 182:17 9:12,18,23,24 72:15 74:18 49:17 122:4 252:15 shown 219:25 233:7 74:18 setting 129:14 155:4 160:15 sixteen sodiums 13:23 62:17 194:18,22,24 195:22 196:8 32:1 78:15,21,24,25 79:2,3 98:22 seven shows 79:9 161:24 236:5 244:12 soil 11:10 79:10 159:4 182:25 132:13 134:22 207:9 215:1 sixties 217:7,21 seventies shrimp 39:19,21 112:7 114:9 sold 39:20 137:11 225:16 220:18,19,20 137:11 183:14 186:2 14:20 15:9 149:5 184:14 246:11,15,20 247:15 sick 245:17 solid seventy 70:9 121:3 184:23 sixty 142:3 148:11 side 33:15 159:21 solids shared 20:13 size 77:15 119:1 sidelines 165:18 soliloquies sharon 70:1 sized 119:6 210:16214:14 signal 62:2 solution sheet 177:17213:10 skin 112:15 141:18,21 signature 7:22,23 11:1 28:18,19 somebody sheets 156:6 206:15 61:23 62:3 77:19 87:4 11:19 16:4 27:1538:1 39:18,20,22,23 41:18 significance 93:15 122:8,12,17 123:2,4 54:11,12 102:6 106:5 140:16 141:6,15 142:11,17 33:10 87:5,10 100:17,22 123:17 125:7 135:1 144:6 115:15 138:9 140:11 143:5,12 101:15,25 129:9 145:17,18 157:8,9 160:5,7 222:13 shells significant 160:8,14 170:18 177:6 someplace 221:3,6 222:8 67:23 117:3 128:1,16 179:12,13201:1,6 202:7,10 35:8 104:10 125:16 147:24 shipments 129:11 153:14 202:12 208:24 209:11 179:6 231:15 246:2 39:15,24 signs skinker somewhat short 31:17 94:14 201:23 206:18 4:1 25:7 61:17 75:12 123:9 6:10 42:12 70:7 79:22 silence skipped 136:6 161:20 116:19 121:1 138:10 144:1 154:12 118:8 soon 150:15 170:20 177:19 114:1 124:16,16,17 140:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010095 [soon - studied] soon (cont.) specifically st (cont.) statement 186:14 226:9 80:11 15:5 22:16,22 23:2,8 24:9 56:12,18 65:14 132:5 sooner specification 25:8,20 26:23 29:5 35:6 133:14 147:16,20 212:23 209:22 81:25 40:20 79:24 80:10,14 93:18 251:9 sorry specifications 93:20 94:4 96:7 97:5,15 statements 35:3 60:12 73:11,21 74:4 83:21 148:10 204:3 98:3,13 102:9 103:23 66:5 160:16 198:3 78:24,24 88:12 103:25 specified 104:22 105:14,18 106:1 states 105:17 119:24 126:3,25 39:4 107:24 172:8 176:20 16:22 17:8,22 21:8 22:12 139:24 142:6 145:25 146:9 specify 203:24 204:1 215:7 218:21 27:7 33:21 46:15 47:3 83:5 176:13 207:15 212:7,13 29:24 54:6 190:4 231:14,20 251:2,19 252:5 90:17 91:18 92:23 104:1 sort speculate 252:14 140:17 179:25 183:17 4:24 11:25 15:11 16:24 249:7 stack 185:20,24 192:8 198:6 18:9 112:11,14 114:10 speculating 177:20 204:8,17,19214:17219:8 131:24 142:20 157:20 245:18 stadium 246:3 165:24 172:21 speculation 52:18 53:7 statistical sorts 97:10 202:25 staff 44:24 49:4 240:3,4 speculative 8:7,14 13:15 104:9 106:25 statistics source 90:12 staffing 44:21 45:7,22,24 46:3 37:13 58:19,20 205:6 speech 50:4 status 210:16 65:4,22 118:23 119:1 stage 214:16,17 sources 154:11 131:9 stay 118:17212:2 speeches standard 70:21 220:11,17 south 64:24 65:12,20 66:19,21,25 15:1963:1,2,3 stayed 2:27 4:1,20 118:24 154:13 standards 218:7 soybean speicher 103:11,12 197:23 198:1 staying 184:16 204:14 205:10 206:3,20,23 standing 219:16 224:5 space 207:5,7 208:4,10,14,23 245:5 stipulated 52:24 122:10 213:18,21 214:6,6 standpoint 3:1 spaces speicher's 16:18 120:18210:7 stomach 123:18 125:8 205:4 stands 70:9 114:13 121:3 span spell 95:25 stop 39:4 53:12 231:9 start 65:19 72:4 145:2 224:1,14 speaks spend 19:11,12 91:25 124:15 225:18,20,21,25 226:8,10 210:3 67:1 134:19 174:3,4 227:10 226:20 250:16 spec spending started stopped 81:25 82:13,15,19 83:9,12 66:5 10:17,19 11:6,9,15 20:6 224:18,20,22 227:2 83:19,20 spent 37:14 39:21 46:6 50:7 straightened special 5:196:6 144:11 55:17 123:10 157:5 175:4 82:11 26:11 79:15 142:8,14 143:1 spill 176:22 185:22,23 227:9 stream 143:8,9 142:8 240:9 246:7 236:15,16 specialist spillage starting street 7:5 11:4 118:12 160:22 84:23 1:21 2:27 4:20 11:20 45:13 specialists spills starts 252:13 91:22 142:15 54:11 145:11 209:7 stricken specially spite state 65:3 52:21 113:23 1:2 2:2,183:176:13,14,17 strictly specialties split 9:4 36:24 37:20 43:17 37:18,23 7:11,11,14,22 17:10 56:12 101:6 106:15 148:2 strike specialty spread 231:13 251:3 18:18 93:18 96:6 154:25 6:20,22 7:6,24 9:14 240:15 50:24 stated stroh species Springfield 14:25 24:11 61:2 66:1,11 231:7,12 157:19,20 158:6 159:12 22:9 76:11 77:7 84:13,18 93:23 students 166:22 221:6 St 95:13,16 100:22 101:1,14 244:5 specific 1:1,22 2:1,15,24 4:1,2,5,20 121:23 126:15 127:20 studied 72:6 74:6 4:23 6:4,6,9 8:10,11,12,15 188:11 193:7 213:2 219:18 75:8,25 8:16,16,17,20 9:12 10:1 242:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010096 [studies - taxed] studies 125:25 154:7 168:13 173:20 181:17 183:1,5 186:9,18 187:15 192:16 193:11 201:2 208:20 214:16216:13 study 47:5 96:10 97:19 98:2 99:22,23 160:18 166:19 170:16 175:10 186:18 189:20 192:21 193:4 studying 58:4 stuff 48:4 86:17 95:6 133:16 151:22 162:13221:13 stuffs 122:5 styrene 83:6 159:23,23 160:10 subacute 179:5,6,11 subcutaneous 87:3 subject 79:23 80:25 85:6 128:14 134:4 143:24 154:17 202:21 248:19 subjects 8:25 submitted 160:13 200:1 208:21 subsequent 87:11 104:21 136:25 subsequently 58:1 106:5 114:2 subspecialty 6:24 substance 88:13 89:4 157:16 158:7 212:12 substances 89:6 91:11,12,14,14 93:4 substantiated 125:14 substitute 224:9 226:14 subtract 247:6 successful 187:3 successfully 7:8 sued 232:13 suffered surfaced t 15:1 110:22 137:10 table suffering surfaces 137:16 101:24 sufficient 12:4 surgery tainted 129:13 161:23 174:10 7:12 taiwan suggest surgical 187:13,14,24 189:15,24 29:19 66:9 77:4 84:9 90:21 7:18 107:14 surprise suggested 88:2,8 89:18 119:2 57:12 114:13 130:6,10 surprised 190:14 taken 3:36:941:1942:1267:17 68:15 69:2 79:22 116:19 137:23 138:2 202:1 210:14 160:12 120:11 133:16 134:12 suggestion surprises 144:1 174:10,21 177:19 69:19 suggestions 175:22 surrounding 213:12239:21 251:12 talk 73:24 160:23 212:2 15:22 21:21 45:1 58:3 suitable survey 78:18 80:18 83:16 138:15 135:2,4 56:25 62:21 106:8 142:1,2,3,4,5,7 183:21 suite surveys 194:23 203:6 218:22 219:3 1:21 251:18 252:4,13 summarize 37:22 sutter 219:4 229:22 230:2,4,9,14 talked 8:6 9:9 10:11 28:24 29:4 31:6 35:25 summarizing swann 37:21 55:21 59:12 60:20 212:24 summary 23:21,22 24:1 58:8,14 81:7 96:16 117:10 124:17 60:23 78:12 80:24 85:12,14 129:16 132:6 136:10 105:8 108:6 109:2 158:16 156:17 197:9 203:2,14 supervision Sweden 214:5 218:23 246:7 43:10 149:18 218:9 talking supervisor Swedish 27:10,25 29:10,25 30:1 21:22 218:11 219:12 33:13 43:1 47:10 49:18 supervisors swelling 53:6 62:19,22 78:4,8 83:16 59:12 60:20 162:1 85:4 88:4 90:24 97:23 supplied swimming 105:12 106:21 121:12,13 113:1,4 supplier 71:23 sworn 128:10 132:7 136:1 137:7 146:10 182:18 194:16,17 82:5,6 2:123:13 194:23 198:5 212:16 support symposium 218:13221:14222:5 223:6 58:11 supported 33:3 76:24 supposed 72:23 73:9 85:17,23 90:20 91:6,23 93:3 94:18 symptoms 31:1764:9 94:1499:11 233:2,3 242:20 243:3,4 talks 91:11 122:2,3 141:20 244:16 69:14 96:2 119:5 127:24 201:23 tank 184:8 238:22 syphilology 148:19,24 149:2,7,9 supposition 72:17 tape 245:13 sure system 113:21 134:7 160:18 184:5 41:23 42:11 68:11 79:20 116:17 143:24 177:18,18 26:9 48:16 55:13 62:15 184:6 209:17 213:10227:10247:19 73:14 84:11 94:16 101:20 systemic tapes 106:6 114:10 127:19 130:9 62:6 73:2,23 132:15,16 116:18 145:1 147:24 148:23 165:12 167:1,8 175:2,3 133:11,17,18 134:1,5,6,25 systemically target 15:11 157:19 186:3,4,7,23 198:22211:10 134:12 tax 213:2 218:14 219:25 222:2 systems 234:5,6 236:5 241:2 245:17 247:14 71:13 taxed 249:16,19 252:1 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010097 [teaching - time] teaching test (cont.) therapeutics thirty (cont.) 8:7 179:4,22 180:5 181:15,25 9:19 147:2 151:21 228:25 239:3 technical 182:12,13 therminol 242:24 39:13 40:2 131:6,13,22 tested 212:24 thomas 135:14 136:16 137:2,25 132:22,23 133:2,2,3 159:20 thermometer 2:22 251:16 252:2 138:12,17 144:13,19 198:2 159:21,22 160:2 170:18 112:2,10,18 thorough teenage 175:11 178:6 181:3 196:22 thermometers 84:22 61:18,24 207:8 246:23 247:2,7 248:2 112:9,10 thought teeth testified thing 13:6 23:23 57:23 78:3 185:17 35:21 57:23 96:15 229:3,14 47:4 108:2 114:19 139:1,1 87:16 88:17,23 89:11 131:3 telephone 229:15,16 230:16,23 232:4 139:12 157:25 209:3 221:7 136:19,20 158:21 180:3 15:4 232:12,21 233:1,23,24 222:4 197:10,10218:15220:10 telephones 234:1,4 235:23 236:5,8 things 231:15241:1 247:14 155:17 238:4,13 12:21 14:13 16:1626:14 thousand tell testify 39:6 68:11 82:12 98:25 184:24 238:1 249:18 4:16 6:1 7:1 12:22 28:15 27:20 90:9 228:11,13,17 99:1,13 142:25 147:1 thousands 31:4 33:7 34:15 66:23 67:1 229:17 231:23 233:9 154:11 156:15 159:20 33:14 78:7 80:19 127:15,17 234:17 238:11 209:5 218:18 three 128:14 167:9 168:4 189:10 testifying think 6:6 7:8 17:20 18:23 22:10 194:10,10 208:2,8 222:22 228:14,16 248:23 17:17 21:6 32:3 33:23 22:24,25 48:7 50:19,21 224:3 225:14,21 233:25 testimony 34:12,23 35:21 36:1,3 51:25 54:15 76:1,2 79:10 248:6,11 249:20 33:2 36:21 37:1 59:1 60:8 41:22 42:3,4,9 45:1 47:10 85:22 87:6 112:13 115:2,4 telling 60:11 71:1085:16 104:14 48:10 49:11,15,23 53:4,18 116:1 117:24 118:1 132:8 204:21 110:11,14 115:21 116:21 54:4,10 59:17 65:2 66:6 132:12 133:7 134:17,18 temperature 152:11 189:2 200:13 67:22 68:5,6,12 69:21 71:5 143:13 150:3,17,19 161:25 93:14 124:3,9,14 133:10 207:22 228:19,20 229:10 73:16 75:15 77:5 79:19 163:11 164:12 168:17 165:15 167:11 195:4 229:10,13,13 234:10 84:12 85:8,10 87:20 96:15 169:7 178:19,20 179:12,14 temperatures testing 96:21 98:7 100:7,24 108:17 181:16 182:11,17,19205:7 18:9 41:7 63:10,14 122:9 77:20 89:11 157:14 158:5 110:10,25 111:2 115:8,19 209:3 214:20,22 218:21 123:18,24 124:13 125:9 158:16 159:9,11 160:5 120:2,18 122:22 123:8,8 236:2 240:2 132:14 133:16 134:24 164:13 165:1,7 172:15,17 125:17 129:11,23 133:8 threshold 135:3 164:10 167:10201:3 173:1 176:7 177:3,4 178:9 134:16 137:15 138:5,6 212:25 249:21 temporary 179:8,10,13 182:18 189:23 139:12 143:16,18 147:10 threw 113:22 114:7,12 192:19 200:10 151:9 152:20 154:11 157:5 31:3 ten tests 157:22,24 158:18 159:16 throw 51:3 71:1 108:9 170:23 86:4 87:17 98:10,18,21 159:25 166:3 170:22 234:6 182:7 187:14 192:11 228:8 156:24 157:2,7,7,11 159:19 172:15 174:8 175:13,19 throwing 234:2 237:5 240:22 244:13 165:8,8,22 166:4 170:25 177:17 182:19 183:17,19 221:13 tennessee 171:16,20 172:7,12,14 183:22 185:9 186:8 191:22 thrown 11:16 175:8,18,22 176:23,25 193:19 198:2 204:9 209:4 156:13 238:2 tenth 177:8,11,23 178:7 179:20 209:24 216:19 217:22 thyroid 166:25 190:22 179:23 180:8 181:12,18,23 218:4,8 219:14 223:5 227:4 98:23 term 182:22 190:4 193:14 227:8,11,15 229:25,25 till 17:24 18:25 116:7 128:4,21 195:25 196:14 197:16 230:7 231:1 235:3 236:1 5:18 19:16 114:6,6 226:16 128:22 129:7,8 183:7,9 tetrachloride 238:12,16 239:10 248:10 time 217:23 222:25 162:3,4,18 thinking 5:106:11,127:6 10:23 termites texas 106:8 175:4 188:21 19:19 21:24,25 22:1 23:12 238:22 232:19 236:16 third 23:13,16 25:2,25 26:9,13 terms textbooks 73:8 104:8 106:25 178:11 27:18 28:7,21 29:21 30:3,3 195:8 213:8 232:1 15:19,20 209:5,6,9 214:9,19 218:25 31:15 32:10 36:15 37:5,23 terphenyl thank thirties 39:6,8,11 43:1,12,25 44:19 88:20 161:10 171:3 34:24 87:5 119:11,16 53:6,8 77:25 45:6,21 46:21 48:18 49:25 test 195:19 thirty 50:5,14,21,21 51:15 52:2 76:16 99:18 101:1 106:23 therapeutic 5:25 26:5,6 47:8,9 74:3 53:5 54:5 55:22 56:18 132:24 157:8,10 159:18 9:23 110:2 111:5 112:21,24 57:15 60:3 63:16,25 65:9 162:18 175:5 178:8,15 114:25 120:21 121:10 65:10 66:5 67:1 70:7,22 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010098 [time - turpentine] time (cont.) tough track treon 77:25 81:3 86:2 93:16 162:6 31:9 44:20 45:7,13,17 164:6 169:7 170:6 195:11 95:19 96:8 97:16 98:11,15 tower 134:16 195:17216:7,13 99:7,9 101:8,12,20 106:4,7 202:16 trade treon's 111:3 113:5,6 115:20 118:2 tox 139:6 140:24 146:21,24 214:7 119:17 120:3 121:1 124:21 239:24 240:21 trademark trial 131:5,6 132:3 135:22 136:2 toxic 140:24 146:12 199:24 189:5 231:2 233:18,24 136:3 146:2 148:21 150:5 14:11,13,18 15:8,9,21 27:4 trademarks 235:16 237:6 150:21 151:14 152:22 56:6 75:9,25 76:2,13,15,20 140:20 trichlorobenzene 154:16 155:1 157:6 158:21 77:2 88:3,9,10 90:7 91:11 traffic 147:2 148:8 200:24 201:7 169:18,22 173:7 176:15 91:12 101:3 120:17,20 13:16 203:25 181:9 183:10,16 191:4 127:21 132:16,17 133:11 tragedy tried 199:15202:14212:8,11 133:17,18 134:1,5,6,8,11 247:12 249:11 250:7 54:22 229:25 235:21 215:8 216:23,23 217:7 134:25 173:12,13,16 trained tries 219:12,19,25 220:1,4,7 174:21 193:24 194:11,11 18:2,3 99:14 19:1 156:15,16 224:10 227:5 229:7 230:22 195:7,11 198:8 201:23 training triglycerides 235:10 236:13 240:10 223:1 238:18,20 239:25 6:6 7:4 79:16 240:16 98:23 241:5 248:21 242:18 249:21 transcribed trillion times toxicities 3:5 217:11 48:7 51:4 54:16 63:12 71:1 77:14 174:15,19,25 222:19 transcript trouble 117:22 162:13,14 167:3 toxicity 251:15 252:1 55:25 160:12 205:7 38:5,21 40:5 42:15 56:5,15 transcription troubles tissues 57:3 72:13 75:12 76:7 77:8 67:9 153:19 182:15 118:5 119:20 120:6,19 transcripts truck title 121:8 131:15 132:15 143:4 252:8 33:17 142:19 5:4,5,16 72:6,17 126:17 153:10 156:25 168:8,20 transfer truckloads 130:5,9 154:25 200:7,18 169:9 170:25 172:15,22 113:21,21 114:8,11 188:24 34:6 titles 173:20 174:18 175:8,25 191:6 209:16212:17 true 211:6 176:2,6 177:3,7 179:5 transferred 132:22 133:14,14 146:6 tod 194:3 195:3,10,13 199:22 12:19 149:25 215:22 2:16 3:4 200:8 202:21 208:20 transformer truthfully today 212:20,22,24 214:16,23 52:17,19,23 111:8,13 232:6 100:16 101:14 121:2 216:5 241:22 242:1,8 112:18 199:24 200:25 try 124:22 228:8,9 241:12 246:22,25 247:6 248:5,6 210:15213:4 214:13 14:18 16:12 19:25 24:17 250:10,14 toxicological 221:21 33:22 39:9 40:2 65:21,21 told 41:14 64:7,13 75:3 168:24 transformers 66:9 130:17,18 172:19,20 67:19 89:17 90:2,18 96:16 169:6 175:6 178:1 179:24 52:7,8,16 54:19,20,24 189:12 191:24 142:25 208:12,13,15 240:18,22 241:7,11,13 223:19 224:11 226:19,25 trying 210:12218:4 221:12 242:25 244:3,7,25 245:20 translated 48:9 53:13 54:2 64:24 66:5 223:21,23 224:13 225:19 toxicologist 185:22 67:1 69:8 119:9 128:9 232:6,10 234:11 246:21,24 18:24,25 50:17 126:6 translates 144:12 146:16 155:16,20 tom 168:12 173:19 199:12 167:15 177:25 182:9 231:1 3:20 53:16 65:17,23 66:11 240:19,23 241:3,6,8,18 transmit tumor 67:3,5 71:8 96:24 99:22 toxicologists 44:15 157:23 106:12 110:15 18:19 19:8,9,19 50:19 transmitted tumors tomorrow 168:25 240:7,8,17 44:11,16 180:5 126:15 129:16 157:22 189:11 toxicology transportation 196:19 top 14:1,6 15:13 18:25 19:1 142:19 turn 51:12,14 139:25 145:15 20:10,13,19 35:22 43:5 treat 55:23 198:16216:17 159:13 186:7 200:18 225:3 73:1 74:2 92:3 127:4,5 10:24 114:19 turned 232:11 234:1,13 152:16 158:3,4 169:5 treated 87:13 133:21 total 178:16 198:7 199:18 200:3 7:21 25:14 78:16 79:5,6,7 turns 252:6 235:2 239:18,19,21,24 115:22 82:23 totally 240:6,10,12,13,15 treatment turpentine 64:25 65:3,18 66:22 69:18 traces 7:18 8:3 10:8,8 13:22 79:7 71:23 163:21 237:11 217:9 79:15,16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010099 [twelve - walking] twelve universities validity veritable 5:20 98:21 162:13,14 8:19,19219:10 37:25 47:6 48:4 99:21 64:14 240:22 university 102:21 210:7 versed twenty 6:4 8:10,11,13,15,21,22,23 valuable 126:10 7:13 54:15 71:1 75:5,5,18 10:12 50:13 72:12 164:8,17 142:24 vessel 75:19,25 98:21 126:13 164:23 165:4 166:5 168:17 vapor 184:7 129:18 168:23 169:4 197:3,4 239:15 77:16 86:18 142:3 145:16 vice 173:10 192:11 210:13,13 unknown 163:11 164:9 166:6 201:2,2 9:22 228:25 242:24 27:17 118:17,17,18 vapors view twice unnecessary 77:19 132:13 133:9,15 49:8 75:4 173:13 195:6,12 17:5 121:23 118:24 134:23 135:3 165:16,19 224:17 type untoward 166:7,23 201:6,16 202:5 views 11:25 13:1 46:9 84:25 86:4 135:6 209:17 125:11,11,13 169:2,3 96:6 97:19 109:18 159:9 unusual variation vinyl 160:21 165:7 176:25 103:6 163:2 39:5 95:5 200:10 220:24 upper variations Virginia types 61:21 146:1 22:7 235:22 20:5 52:13 160:5 165:23 upshot varied visit typewriting 196:25 16:23 17:1425:18 100:13 22:11,17 3:6 upstairs 246:9 249:16,17 visited typewritten 99:12 varies 50:10 68:4 80:18 96:15 155:25 urgency 174:18 228:1 visiting typically 42:24 variety 16:21 38:21 usage 131:8 visits u u.s. 126:21 180:2 unable 217:10249:19 unbiased 129:12,14 undefined 7613 understand 34:8 37:25 48:13,14 49:9 60:4 165:13 189:2 194:9 242:7,13 understanding 189:4 understands 494 understood 37:17 97:2 158:10 undoubtedly 3:23 unfortunately 33:11 184:9 unique 220:24 united 16:22 17:8,22 21:8 22:12 27:6 33:21 46:15 47:3 90:17 91:18 92:23 104:1 140:17 179:25 183:17 185:20,23 192:8 204:8 71:18 various 17:10 21:7,9 22:4 23:7,13 use 7:11 8:25 73:12 75:5 80:10 25:16 28:25 41:7,8 53:15 63:19 127:20 132:1 138:12 visual 71:11,1484:9 87:8,10,11 159:18 160:5 165:23 18:6 87:1391:1693:13 113:11 166:22 176:18 177:3 181:3 volitility 126:16 135:18 140:19 194:19 198:8 199:18 124:2 155:14 172:21 175:6 215:18 216:4 240:21 volume 182:10 195:25 209:15 242:11 1:12 210:19 215:25 221:24,25 vary voluntarily 222:1 223:17 224:19 46:18 137:4 157:19 103:9 226:14 varying voluntary useable 26:13,13 246:9,19 17:17 157:15 vast volunteer user 197:7 203:21 110:4 111:20 151:5 vat von users 82:21 92:1 199:4,10200:1,10,18 213:8 vegetable vosburgh uses 209:21 94:17 54:18 55:4,6,8,9,13,14 vegetables VOSS 148:10 222:2 223:13,14,16 184:16 246:2 223:16,17,18 224:4 ventilation vs usual 50:11 73:7 85:2 93:13 1:6 2:6 251:5 9:11 102:23 114:19 usually 19:7 61:20 195:9 utilized 155:5 215:19 V vague 28:2 valid 135:2 160:18 202:4 w verbal 24:23 27:11,25 29:10,13,15 29:25 37:15 43:17,18,20 44:7 90:24 verbally 28:10 38:1 verdict 237:7,20,21,22,24 wait 12:3 95:21 waiting 226:16 waive 115:20 walking 103:1,17 122:24 200:23 216:25 219:8 246:3 94:13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010100 [waller - workers] waller watched we've (cont.) witness (cont.) 1:20 240:18 114:17 203:18 227:9 95:15 96:2 97:11 99:21 walnut water whatsoever 119:5 122:19 138:6 140:23 2:27 14:12 145:19,19 160:20 32:10 48:25 49:5 174:15 152:8 163:19 180:18 want 167:14,17 174:7 217:21 191:16 186:25 187:4,6,6 188:11,14 7:13 20:25 29:19,20 30:18 220:10 wheeler 189:20 190:1 191:16 194:2 32:8,20 39:10 40:9 45:3 watery 18:16 43:4 171:23 205:23 195:17 202:24 207:6 48:14 52:22 54:9 55:6 220:14 206:2,6,20,23 207:10,12,14 211:25 227:14,17228:11 68:13 72:3 75:14 91:1 watt 207:15 208:3,9 211:7,17 228:13,15,16,20,21,23,24 95:20 107:8 113:11 117:12 131:20,21 132:5 136:10 212:4,6,7,13 213:16 214:2 229:14,15,18,19 230:24 122:23 128:6 172:23 174:3 waukegan 214:12,20 215:8 218:24 231:24 232:2 237:12 239:9 174:3 182:1,4,4,5 184:7 231:21 wheeler's 245:7 248:22 252:15 200:23 209:2 210:10 wax 215:9 wok 217:17,24 220:3 226:3,7 238:8 whereof 66:10 227:1,8,10 230:9 242:3,9 ways 252:15 wood 249:7 28:15 41:16 52:23 157:18 white 62:11,11 218:20 238:21 wanted wear 52:21 53:22 62:2 159:17 word 20:23 21:12 35:11 40:12 84:23 whiteheads 14:6 60:25 62:25 71:4 51:24 175:15 178:14 wearing 61:20 72:18 115:9 128:18 135:18 208:23 214:6 219:4 223:14 145:20 202:11 wide 151:8 195:25 196:3 226:8 227:19 week 53:12 words wanting 48:8 114:16 182:24,25 widely 13:13 15:23 18:11 70:8 68:9 211:1 217:16 226:17 95:1 113:11 122:16 124:1 wants weekend wider 137:24 172:19 173:8 179:7 37:20 237:16 229:22 213:8 241:10 work war weekly widespread 4:21 5:21 8:4 10:14 16:10 12:9,12,16 13:11 17:18 51:9 139:8 28:20 47:13 50:23 57:22 20:7,15 56:22 57:15,17,18 weeks widmark 64:6 78:17,18 81:6 84:24 57:18,19 136:4,13,13 33:25 65:19 239:15 218:9,23 93:21 94:6 98:8 103:20 156:12 241:5 weighing wild 114:4 122:8 126:6,8,14 warfare 77:12 39:5 132:12 133:12 134:22 12:14,17,19 weight wildly 159:4,5 164:1 168:8,21 warm 75:13 99:11 162:3 90:12 178:2,17 195:11 199:15,17 184:7 went william 201:10214:7 215:10 warned 4:25 12:5,8,24 17:6 20:15 199:10 240:19 221:18 28:23 51:5 78:18 83:22 Wilmington worked warning 99:12 106:6 112:5 135:24 200:3 14:19 46:22 56:13 108:15 150:17 137:3 170:8 188:23 199:16 winded 108:20 113:23 124:18 warnings 204:19 218:21,22 219:1,3 66:21 129:18 199:14206:2,6 135:14,19,21 137:11 151:3 west wing worker 151:7,8 152:15 153:19 235:22 51:1 14:25 18:1 21:1441:15 154:9 westinghouse wipe 94:11 122:16 129:12 154:8 warren 64:1 67:24 69:1 92:4 221:6 workers 92:23 116:12 140:20,24 141:3 wire 13:21 17:1321:2 25:11 washing 146:11,12,21,24 147:19 92:15 94:24 95:1,2,2,10 26:17,18,23 28:331:17 145:18 148:9,9 171:7 199:24 200:4 Wisconsin 33:12,14 34:4,17 35:14 Washington 202:13,20,22,25 203:23 231:15,18 36:18 37:7,22 38:20 40:12 8:23 10:12 50:13 104:10 204:5,6,10,19 206:12,24 wise 44:16,22 45:8 46:9,13 107:1 208:4,9,13 211:11,20 129:17 48:19 50:1 51:22 59:8 waste 212:13213:18,21 214:14 withdraw 60:22 63:22 64:4,17 68:17 65:9 147:21 148:16 156:13 214:20,22 215:12,14,19,23 190:7 71:13 78:19 80:8,20,25 wasting 215:23 216:9,14 witness 81:11,1590:21 93:17,19 111:3 westinghouse's 3:7 31:24 32:11 43:23 53:7 94:3 95:2 96:7,11,19 97:4 watch 200:25 53:23 59:16,17,23 60:14 97:14,20 98:3,12,13 102:9 114:16247:17 we've 69:11,20,25 79:14 84:15,17 102:18 103:16 104:15,22 47:24 67:17 68:11 89:19 86:10 90:8 92:18 93:25 105:8,9,11,12,19,25 107:24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010101 [workers - zoom] workers (cont.) yeah (cont.) 108:21 109:9,15 110:8 222:21 245:8 111:15 115:3 116:8,12,13 year 117:17,19,20 120:8,11,23 13:5,7 24:12 26:8,17 47:11 121:16,17 151:24,24 152:1 57:19 73:17 126:17 137:4,4 154:2,6 197:13215:14,19 181:25 182:18 183:5,17 215:22 245:2 worker's 8:4 working 10:15,17 12:20 35:7,18,18 41:11 55:17 59:8 64:13 84:22 96:12 98:15 109:10 110:8,12,13,21 121:19 185:21 189:3,8 192:19 193:11,17 196:17243:20 yearly 17:3,4,6,19 25:19,22 years 4:4,6,25 5:19,24 6:6 11:5 14:14 17:5,20 22:23 24:14 24:17 26:6,7,18 27:25 197:14241:17 workmen 163:17 209:20 workmen's 109:4,14 workplace 76:23 174:10 workrooms 31:20 32:1,19 33:15 35:4,4 38:24,25 39:9 47:8 49:14 49:15 54:15 55:4,9 56:13 57:17,18 58:5 72:19 108:9 108:15,19 110:2 111:6 112:21,24 115:1 120:21 121:10,12,24 126:13 129:18 136:6 150:18 73:25 works 21:4 92:15 94:24 95:10 121:19 world 151:21 155:9 168:23 169:4 178:18 179:11 181:24 182:1,12,19,21 187:15 193:16 196:23 210:13 213:3 221:16 224:18,21,24 12:9,12 13:11 17:1820:7 224:25 233:7 234:2 236:2,3 20:15 55:24 56:22 57:15,19 236:5 237:5 238:7 239:3 136:4,13,13 156:11 240:2,22,24 241:20 242:24 worried 244:12,13 226:4 year's worthless 39:4 156:21,22 yellow write 145:11 42:14,25 york writing 15:3 92:15 94:24 95:10,11 27:25 28:10,11,1629:10,13 103:4,7 112:3 114:9 29:15 30:2,9 44:8 65:24 younger 99:25 150:7 26:18 170:14,24 171:17,21 written 172:10,11 175:17 176:7,21 24:22 25:1,6 27:1 31:1 36:5 176:21 43:17,19,22 45:18 59:9 yucheng 72:14 90:25 95:24 99:22,23 101:4 243:8 121:24 132:8,18,20 133:11 yusho 133:12 185:19 188:19 101:4 118:9 133:21 183:22 205:22 214:9 247:13 185:19 186:1,18 187:23 wrong 189:24 191:7,8,11 192:2,5 90:3 222:25 192:6 243:7 247:12,24 wrote 249:11 250:7____________ 127:17,19221:11 z _____________ y zero yeah 100:13,14,18 101:16 17:9 43:25 114:17 143:18 zoom 148:20 158:12,23 173:12 146:16 176:16 183:25 210:11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 1 WATER PCB-SD0000010102