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Page 1 Page 3 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 4 GLENN BROWN, etal., 5 Plaintiffs, 6 VS. # 862-00694 1 CONTINUED CROSS EXAMINATION 2 QUESTIONS BY MR. McCREA: 3 Q Dr. Kelly, good morning. 4 A Good morning, Mr. McCrea. Mr. McCrea, before 5 we start, could 1 clarify something? 7 MONSANTO COMPANY, 6 Q Yes, sir. 8 Defendant. 9 10 11 12 13 VOLUME V 7 A Last Wednesday 1 said 1 would be very 8 surprised if the Judy Zack article were not published. 9 Well, I'm very surprised because it has not been published. 10 1 had the computer search on her and she did not publish 11 that article. 1 had seen it so often 1 was certain that it 14 DEPOSITION OF DR. R. EMMET KELLY 12 had been published, but it has not. 15 On the part of the Defendant 13 Q All right, sir. 16 June 15,1990 17 18 19 20 21 14 MR. CARNEY: Let me just -- You asked me, Mr. 15 McCrea, if 1 would check to see if there was a list at 16 Monsanto of the cases that Dr. Kelly's testified in, and 1 17 checked with the in-house counsel at Monsanto and he 18 indicated there was no such list. So 1 have checked that 22 19 out and determined that, so 1 think the best evidence as 23 20 far as 1 can tell from my questions that Dr. Kelly has 24 WALLER REPORTING, INC. 21 given you his best memory of those erases. 25 REGISTERED PROFESSIONAL REPORTERS 26 515 OLIVE STREET, SUITE 1506 22 Q (By Mr. McCrea) Dr. Kelly, do you have page 27 ST. LOUIS, MO 63101 23 21 of Plaintiff's Exhibit Six in front of you? 28 (314)621-2571 24 A Yes, 1 do. 29 25 Q Are you familiar with the report to Monsanto Page 2 Page 4 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 4 GLENN BROWN, etal.,, 5 Plaintiffs, 6 vs. Cause # 862-00694 7 MONSANTO COMPANY, 8 Defendant. 1 Chemical Company by Cecil K. Drinker, M.D., September 15, 2 1938? 3 A Yes, sir. 4 Q Who requested that Dr. Drinker provide this 5 data? 6 A Monsanto did. 7 Q Was -- Were you in on the decision to request 9 8 this toxicological information? 10 DEPOSITION OF WITNESS, produced, sworn and examin ed9 A Well, in fact 1 presumably made the decision 11 on June 15, 1990, between 8:00 a.m. and 6:00 p.m. of that 12 day, at the offices of Communitronics Corporation, 1907 13 South Kingshighway, St. Louis, Missouri, before Sheila C. 14 Irvin, a Notary Public within and for the State of 15 Missouri, in a certain cause now pending in the Circuit 16 Court of the City of St. Louis, State of Missouri, wherein 17 GLENN BROWN, et al. are the Plaintiffs, and MONSANTO 10 myself. 11 Q Do you recall having received this information 12 at Monsanto? 13 A Yes, sir. 14 Q Would you turn to page 38 of the Drinker 15 report? 18 COMPANY is the Defendant; on behalf of the Defendant. 16 A Yes, sir. 19 APPEARANCES 17 Q On page 38 there is a diagram called figure 20 The Plaintiffs were represented by Mr. David S. 18 two, and it makes reference to a chlorinated diphenyl. Is 21 McCrea of the law firm of McCrea & McCrea, 119 South Wain J*I9 chlorinated diphenyl the same as PCB? 22 Street, Bloomington, Indiana 47402. 20 A It is a PCB, yes, sir. 23 The Defendant was represented by Mr. Thomas M. 21 Q So in thisarticle when there is reference to 24 Carney of the law firm of Husch, Eppenberger, Donohue, 25 Cornfeld & Jenkins, 100 North Broadway, St. Louis, Missouri 22 chlorinated diphenyl, that would be the same as PCB? 26 63102 23 A That's what he's referring to. I'll have to 27 24 look at the article and see whether the compound he used 28 25 was actually chlorinated diphenyl, but he ought to be able Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 1 - 4 L EXO L D M O N006942 Page 5 Page 7 1 to say that in here someplace. 1 A 1 really don't. 2 Q All right, sir. On page -- 2 Q Maybe we don't have the same page. Does that 3 A 1 was going to look up to be sure, to be able 3 have at the top of it three, "Chlorinated Diphenyl"? 4 to tell you whether he's, whether he, this particular 4 A Yes. And what paragraph are we on? 5 chlorinated diphenyl was, that he called chlorinated 5 Q The second paragraph on the page. 6 diphenyl was PCB. 6 A Well, 1 start off on that, "The compound 1268 7 Q You might want to turn to page 26, Doctor. At 7 was administered by inhalation." 8 the top there is a heading, "Chlorinated Dyphenyl - 8 Q Right, right. 9 Compound 1268." Would that be a PCB with chlorine 9 A Described. Okay. All right. 10 composing 68 percent of the weight? 10 Q Is that the report to which you are referring? 11 A Yes, sir, but also if you see on page 27, he 11 A Yes, sir. 12 refers to chlorinated diphenyl 4465. 12 Q And in the second -- in the third paragraph is 13 Q Yes, sir, and that's in the second full 13 he describing experiments with chlorinated diphenyl 14 paragraph on page 27? 14 compound 1268 where he says group one? 15 A Yes, yes, and 4465 is not a chlorinated 15 A Yes, sir. 16 diphenyl. It's a mixture of chlorinated diphenyl and 16 Q That paragraph is making reference to the 1938 17 chlorinated terphenyls. That's where they get the 4465. 17 experiment, not the 1937 article? 18 It's not the 1200 series. 18 A Yes, sir. 19 Q All right, sir. Can you briefly describe the 19 Q In that paragraph which is paragraph three on 20 difference between a PCB and a polychlorinated terphenyl? 20 page 26, Dr. Drinker states, "The experiment was continued 21 A Yes. It has one more benzene ring on it. It 21 for 119 days, animals being sacrificed at intervals for 22 may have more than one ring. 22 pathological examination and for carbon tetrachloride and 23 Q And does the ter, does that mean three? 23 alcohol test." What is the carbon tetrachloride test and 24 A Three. 24 what is the alcohol test and why is that administered? 25 Q All right. 25 MR. CARNEY: Well, I'm go to object to the Page 6 Page 8 1 A In those days, they also had what they called 1 form of the question. 2 chlorinated high boiler. That was a still bottoms after 2 A Well, it was administered because Dr. Drinker 3 the chlorinated diphenyl was distilled off the still 3 gave the -- After he treated these animals, he gave them a 4 bottoms. The still is a distilling column. So they 4 mixture of carbon tetrachloride and alcohol to see if these 5 chlorinated that and that went into 4465, 5460 and some 5 animals could handle it. 6 other materials that were not chlorinated diphenyl, but 6 Q (By Mr. McCrea) Why would hedo that? 7 were still called Aroclors. 7 A Well, he didn't find -- He said the rabbits 8 Q All right. On page 26 under the caption 8 were very healthy throughout the period. There was an 9 "Chlorinated Diphenyl - Compound 1268", can you briefly 9 almost uniform gain in weight. 10 explain the purpose of this testing by Dr. Drinker? Why 10 Q Where are you reading, sir? 11 did Monsanto want the testing? 11 A The, the third, the bottom paragraph. 12 A Well, it was because he had tested a 12 Q All right. 13 chlorinated diphenyl with 62 or 64 percent chlorine in it, 13 A So then he gave this -- So he said, "Though 14 and he found some toxicity. We don't believe that that's 14 liver damage was apparently slight, some degree of harm had 15 the, you're testing the right material, so we sent him this 15 been done to the organ." Well, 1 don't -- That's a test 16 1268. 16 that he thought up. Maybe it was good at the time. 1 17 Q In this second paragraph on page 26, Dr. 17 don't believe it's been used much lately in the last 30 18 Drinker states he makes reference to an article titled "The 18 years. 19 Problem of Possible Systemic Effects from Certain 19 Q Can you explain how it is that the liver 20 Chlorinated Hydrocarbons." 20 damage was apparently slight, but yet when the carbon 21 A Which page are you on? 21 tetrachloride alcohol test was administered, it was 22 Q Page 26. Do you have that? 22 positive indicating some degree of harm had been done to 23 A Yes, 1 have, but 1 -- 23 the organ? 24 Q And it's the second full paragraph under 24 A 1 can't explain it. 25 "Experiments." Do you see that, Doctor? 25 Q Do you agree with that conclusion that the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 5 - 8 LEXOLDMONOQ6943 Page 9 Page 11 1 carbon tetrachloride and alcohol administration proved 1 administered in a test condition and carbon tetrachloride 2 there had been harm to the organ even though the, there was 2 was then administered and there was no adverse effect, and 3 apparently, there was apparently slight damage? 3 in the second test PCB was administered and carbon 4 A Well, 1 don't agree with it because 1 don't 4 tetrachloride was then added and there was an adverse 5 believe that test has been used by anybody since Drinker 5 effect, are you not familiar with that basic result? 6 did it, so 1 really don't think that test had been subject 6 MR. CARNEY: I'm going to object to the 7 to any scientific scrutiny. 7 question. It's ambiguous. 1 don't know. 1 don't 8 Q Did you discuss the fact that the 8 understand the question, but if you understand it, Doctor. 9 administration of carbon tetrachloride and alcohol to the 9 A But you said -- if you bring me that test, 10 animals established harm with Dr. Drinker? 10 fine, bring it to me. I'll be happy to look at it. 11 A 1 don't recall that 1 did. 11 Q (By Mr. McCrea) Let me ask you this. Is 12 Q Would that conclusion then essentially stand 12 there a synergistic effect between carbon tetrachloride and 13 un refuted? 13 PCB? 14 MR. CARNEY: What -- I'm not sure what you're 14 A There may be. 15 talking about, the slight degree of -- 15 Q And can you explain what synergism is in 16 MR. McCREA: Where it says-- 16 medical science? 17 MR. CARNEY: -- of harm after they were given 17 A Yes. It means that if you have two compounds 18 alcohol and carbon tetrachloride. 18 that act similarly if they're used together, that the 19 MR. McCREA: No. It says, "Which indicates 19 result is more than the sum of the individual compounds's 20 that although -- that though liver damage was apparently 20 toxicity. 21 slight, some degree of harm had been done to the organ." 21 Q Would you agree that PCBs can have a 22 MR. CARNEY: After the animals were fed the 22 synergistic effect with carbon tetrachloride? 23 alcohol and the carbon tetrachloride? 23 A I'd have to have more details of that. 24 Q (By Mr. McCrea) No, 1 presume that that means 24 Q Would you agree that PCBs can have a 25 there was harm done to the liver after the administration 25 synergistic effect with alcohol? Page 10 Page 12 1 of chlorinated diphenyl compound 1268 which the 1 A Again I'd -- It may and it may not. 1 don't 2 administration of carbon tetrachloride and alcohol 2 know. It all depends on how much alcohol, how much PCBs. 3 established. Is that what that says, Doctor? 3 Q Would you agree that PCBs can have a 4 MR. CARNEY: Well, I'm going to object. The 4 synergistic effect with certain medications? 5 words speak for themselves, and you're trying to make 5 MR. CARNEY: Let me object to the question. 1 6 assumptions about what those words mean. Dr. Drinker -- 1 6 thing it's overbroad, certain medications. 7 think this might call for speculation as to what Dr. 7 A Like what ones? 8 Drinker meant in those words. 8 Q (By Mr. McCrea) Certain -- I'm asking you. 9 Q (By Mr. McCrea) Dr. Kelly, does that 9 A Well, 1 can't state that PCBs wouldhave a 10 statement indicate to you that Dr. Drinker determined that 10 synergistic effect with a medication that 1 don't know what 11 there had been harm done to the organ which was establishec 11 the medication is. 12 by the administration of the carbon tetrachloride alcohol 12 Q Are you familiar with any medications which if 13 test? 13 administered to an individual who had been exposed to PCBs 14 A That presumably is what he said, yes, sir. 14 would cause adverse effects not otherwise expected in an 15 Q Did anyone within Monsanto dispute that? 15 individual without the PCB burden? 16 A Well, no, but let me tell you that as 1 said 16 A 1 don't recall any. 17 before, nobody's used that test since. There have been no 17 Q You know what harm had been done to the organ 18 scientific articles on this. So 1 wasn't going to argue 18 as described by Dr. Drinker at the bottom of page 26 where 19 with Drinker over his test, but the fact that nobody else 19 he says, "Some degree of harm had been done to the organ"? 20 used it in the 30 years, I've seen no reports of this being 20 Can you describe that to the jury? 21 used in toxicological experiments. So it was his idea, but 21 MR. CARNEY: Well, I'm going to correct you. 22 obviously nobody else's. 22 1 think it says, "Apparently slight, some degree of harm." 23 Q Dr. Kelly, if 1 would bring to your attention 23 MR. McCREA: No, you're not reading that 24 an experiment done within the last 30 years where PCB was 24 sentence correctly. It says "The carbon tetrachloride 25 administered in a test condition, where there was no PCB 25 alcohol test was positive after 52 days which indicates Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 9-12 L EXO L D M O N006944 Page 13 Page 15 1 that though liver damage was apparently slight, some degree 1 your opinion? 2 of harm had been done the organ." 2 A Well, that statement shows that when he had to 3 MR. CARNEY: 1 agree. You read it correctly. 3 use something like 12 times the amount of material that he 4 Q (By Mr. McCrea) Can you describe to the jury 4 used in his previous experiment, over 6 milligrams per 5 the harm which had been done to the liver organ as 5 cubic meter of air, he got some positive results from the 6 described by Dr. Drinker at the bottom of page 26? 6 carbon tetrachloride. 1 don't think anybody will deny that 7 A Yes. He said that in the first sentence, "The 7 if you heat 1268 up enough, get enough of it in the air and 8 conditions described above cause swelling and increase of 8 keep on animal in there for 119 days or how many, that you 9 granularity in the liver cells." Then in this next 9 may get some liver damage, certainly. 10 paragraph he says, "When sacrificed 72 and 101 days after 10 Q All right. 11 removal from exposure, it was observed that the swelling 11 A It's not supposed to be breathed at elevated 12 had decreased -- has disappeared rather, but the granular 12 temperatures for 119 days. 13 material remained." 13 Q In your opinion, is there a synergistic effect 14 Q Where were you reading that, sir? 14 between exposure to PCB and a separate exposure to benzene? 15 A On page 27, paragraph one. 15 A 1 don't know of any. Benzene acts in the 16 Q And does it say the granular and hyaline 16 blood forming organs primarily and PCB does not, so 1 don't 17 material remained in the liver cells and had apparently 17 know. 18 become permanent? 18 Q Did Monsanto Company manufacture and sell the 19 A Yes, sir, but that isn't hurting the liver 19 product listed on page 29 under heading four, "Mixture of 20 cells. 20 Chlorinated Diphenyl and Chlorinated Diphenyl Benzene - 21 Q What? 21 Compound 5460"? 22 A That is not hurting the liver cell because he 22 A Yes, sir. 23 said there's absolutely no progression of damage after 23 Q Would you read the last paragraph of that 24 removal from exposure. 24 section on page 30? It says, "In view of the fact that 25 Q But he's already determinedthere was harm to 25 5460 in such low concentrations proved so definitely toxic, Page 14 Page 16 1 the liver by the administration of the alcohol, the carbon 1 no higher concentrations were tested. It seems imperative 2 tetrachloride alcohol test; correct? 2 that whenever this compound is used in industry, great care 3 A In -- That's what he stated. He said it 3 be taken to keep concentrations in the air at extremely low 4 indicates that some agree of harm had been done. Yes, he 4 level. No liberties can be taken with it, as with 1268." 5 states -- That's what he states. 5 Do you recall what warnings you issued to the purchasers of 6 Q Would you go to page 27, the third full 6 the compound 5460? 7 paragraph which has the heading group two? Are you with me 7 MR. CARNEY: Let me object to your reading a 8 on that, Doctor? 8 statement out of context, one paragraph out of a long 9 A Yes, 1 am. 9 report and then asking an unrelated question about it. 1 10 Q In this instance there again is reference to 10 don't know. 1 object to that way of asking a question, to 11 PCB 1268; correct? 11 read some statement out of context and then ask a question 12 A Yes, sir. 12 that's unrelated. 13 Q And he describes the results in this as 13 Q (By Mr. McCrea) Dr. Kelly, do you agree with 14 slightly poisonous? 14 Dr. Drinker's statement that 5460 is definitely toxic? 15 A Yes, sir. 15 A It's toxic if you get high enough 16 Q Then down at thebottom of that page he 16 concentrations, yes, but remember 5460 isn't even close to 17 states, "Under these extreme conditions, the animals again 17 a PCB. We're not talking about -- It's not used in 18 remained in perfect health." Is that correct? 18 electrical industry at all. 19 A That's what he says, yes, sir. 19 Q Dr. Kelly, do you agree with his statement 20 Q And then he adds the sentence, "The carbon 20 that whenever this compound is used in industry, great care 21 tetrachloride and alcohol test was positive, but there was 21 should be taken to keep concentrations in the area at 22 absolutely no other indication of liver damage and no 22 extremely low levels? 23 evidence of disturbance to other organs." Is that correct? 23 MR. CARNEY: Well, I'll object. You're 24 A That's whathe says, yes, sir. 24 talking about a compound that's not involved in this 25 Q What is the significance of that statement in 25 lawsuit. Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 13-16 LEXOLDMONOQ6945 Page 17 Page 19 1 Q (By Mr. McCrea) Do you agree with that 1 Q And on page 42 is there a discussion of under 2 statement? 2 experiments of exposure to chlorinated diphenyl. 3 A Well, I'd have to know what he means by 3 A Yes, sir. 4 extremely low level. 4 Q And does that discussion concern only 5 Q Well, this report came to you from Dr. Drinker 5 chlorinated diphenyl or PCB? 6 and was paid for by Monsanto. 6 A Frankly 1 don't know. 1 mean, this - As you 7 A That's correct. 7 said, there's some confusion in this report. You can see 8 Q Is that correct? 8 it's reporting there an experiment July the 1 st, 1936 to 9 A Yes. 9 November the 18th, 1936, and the date of this report in 10 Q Did you ask him what he meant? 10 your exhibit is September the 15th, 1938. 11 A 1 might very well have. This was 1938. 1 11 Q That's correct. 12 might very well have. 12 A That's a two year lapse. 1 think he's 13 Q Do you recall what warnings you issued for 13 reporting his previous experiments where he had mislabeled 14 1268 or for 12, 5460? 14 a chlorinated diphenyl. 15 A 1 surely said--this is solid, of course. 1 15 Q At the bottom of page 42 he has listed under 16 surely said do not breathe the fumes that are involved at 16 table one, "Conditions Maintained in Inhalation Experiment 17 elevated temperatures. 17 from July 1 to November 18, Material, Chlorinated 18 Q All right, sir. Would you go to page 43? The 18 Diphenyl." Is that correct? 19 caption on that is "Results of Inhalation Experiments." Is 19 A That's what he stated, yes. I'm not sure 20 that correct? 20 whether that was chlorinated diphenyl as I've said 21 A Wait, 1 haven't got there yet. 21 repeatedly. 22 Q All right, sir. 22 Q Do you have any independent recollection of 23 MR. CARNEY: Same report? 23 this report at this date as to whether or not that's 24 MR. McCREA: Same report, 1 believe. Page 43. 24 chlorinated diphenyl or something else? 25 A Okay, I'm ready. 25 A Yes, 1 think it's something else. 1 think Page 18 Page 20 1 MR. CARNEY: Do you have two copies of the 1 it's chlorinated diphenyl benzene because I'll repeat, this 2 same report in this exhibit? 2 is experiments that he did in July of 1937, and that's what 3 MR. McCREA: 1 don't think so. 3 was reported on the supposement in December of '37 or 4 MR. CARNEY: I've got pages 21 through 34. 4 sometime in '37. 5 That's a report dated September 15, 1936, 1938, 1 assume. 5 Q But this report date is September 15, '38 if 6 Yeah, by Drinker, and then starting at page 35 -- 6 that's the appropriate caption page; correct? 7 MR. McCREA: This is a different - 7 A That's correct. 8 MR. CARNEY: Section of the same report? 8 Q You cannot state if that caption page matches 9 Q (By Mr. McCrea) Well, it's -- This has to do 9 - You can't state if the caption page at page number 35 is 10 with the report which begins on page 35. Dr. Kelly, could 10 associated with the following pages? 11 you first go to page 35 of the exhibit? 11 A Wait a minute. Page 35? 21 was my, another 12 A Page 35? 12 caption page. 13 Q Yes, sir. 13 Q There was -- well, yes. 14 A Yes, sir. 14 MR. CARNEY: That's why - 15 Q And there seems to be some confusion as to 15 Q (By Mr. McCrea) Mr. Carney has brought to our 16 whether this caption sheet and the one on 21 are the same. 16 attention there are two caption pages, one at 21 and one at 17 They appear to be the same, but the page following 35 17 35. 18 begins with the caption "Report on 4465, Inhalation 18 A Yeah, but they're both the same thing. 19 Experiments." 19 Q Exactly. 20 A Yes, sir. 20 MR. CARNEY: What I'm concerned about is that 21 Q Is 4465 a PCB or another chemical? 21 somebody got an extra caption page in here in the copying. 22 A It's another chemical completely. 22 1 don't know that for a fact, but that's what it looks 23 Q On page 38 there is reference to the 23 like. 24 chlorinated diphenyl in the figure. Is that correct? 24 Q (By Mr. McCrea) well, 1 can't straighten that 25 A Yes, sir. 25 out at this point in time. Would you turn to page 43? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 17-20 L EXO L D M O N006946 Page 21 Page 23 1 A Yes, sir. 1 mischaracterized what was said in these two sentences. You 2 Q The caption of page 43 is "Results of 2 haven't made clear anyway that, what the dose is that you 3 Inhalation Experiments."? 3 were talking about. 4 A That's correct. 4 Q (By Mr. McCrea) Well, let's read it again. 5 Q Would you read -- Let me read to you the first 5 Dr. Kelly, the first sentence states, "In accordance with 6 with two sentences of the third paragraph on page 43. "In 6 this" -- 7 considering the entire matter, it seemed to us that the 7 MR. CARNEY: Well, let me, you know, 1 don't, 8 chlorinated hydrocarbons, if inhaled in sufficient 8 you know, I'm go to object to your just reading -- 9 concentration, might cause a slight degree of damage to the 9 You're reading a report of Dr. Drinker that was made back 10 liver. This damage is resisted efficiently and causes no 10 in 1937 or '38, and then you're asking this witness to 11 depreciation of health, but if the individual in question 11 explain what these words mean, you know. 1 object to that. 12 happens to suffer some ordinary disease of the liver, the 12 1 don't think that moves this case along. We can all read 13 condition is superimposed upon a substratum of injury." 13 them. 1 heard you read it and you did read it accurately 14 Can you explain that to the jury? 14 the first time you read it. 1 don't know that we need to 15 MR. CARNEY: Well, let me object to this. 15 reread these sentences into the record. If you have a 16 First of all it, we're talking about chlorinated 16 question, though, 1 think maybe you ought to ask the 17 hydrocarbons as a generic term, not PCBs, and second, this 17 question. 18 may call for the witness to speculate inside the mind of 18 Q (By Mr. McCrea) Dr. Kelly, why did the 19 Dr. Drinker. 19 chlorinated diphenyl cause yellow atrophy of the liver when 20 Q (By Mr. McCrea) Can you explain what that 20 carbon tetrachloride and ethyl alcohol were added? 21 means to the jury? 21 A Well, if in this particular experiment he is 22 A Well, 1 don't believe 1 can get inside Dr. 22 quoting, he is using chlorinated diphenyl, actually 23 Drinker's head, but what he seams to be, what he is saying 23 chlorinated diphenyl, that's one thing. If he is using -- 24 is if you inhale chlorinated hydrocarbons, whatever they 24 if he's talking about the stuff that he used in 1936 which 25 are, whichever they are, and you inhale enough of it, you 25 was not chlorinated diphenyl, it seems then that you've got Page 22 Page 24 1 might get a slight degree of damage to the liver. The 1 an addition of alcohol, carbon tetrachloride and either 2 liver is always repairing itself. As 1 said earlier, if 2 chlorinated diphenyl benzene or chlorinated diphenyl. 1 3 you get three drinks of alcohol a night you'll kill some 3 don't know which he did. Who he had this cocktail, these 4 liver cells. The next morning these liver cells start 4 three mixed together, they were worse than the chlorinated 5 regenerating. So that's, 1 guess, what he means by is 5 diphenyl by itself. 6 resisted efficiently and no real depreciation of health, 6 Q How does that happen? Explain to the jury why 7 but then if you put some more insult on it you may get 7 the animal which had been exposed to the inhalation of PCB 8 problems. 8 and is then administered carbon tetrachloride and ethyl 9 Q The next sentence on page 43 in paragraph 9 alcohol experienced yellow atrophy of the liver when the 10 three status, "In accordance with this hypothesis, we 10 animal that had no PCB suffered no problems? 11 determine that a dose of 0.75 cc of carbon tetrachloride 11 MR. CARNEY: I'm going to object. You've 12 plus 0.75 cc of ethyl alcohol per kilogram of rat was 12 mischaracterized the witness'testimony. He's already said 13 entirely non-toxic to normal animals." Is that correct? 13 that he doesn't even know that it was a PCB that we're 14 A That's what he says, yes, sir. 14 talking about. We have established and the doctor has said 15 Q And then the next sentence status, "When, 15 about five times on the record that Dr. Drinker admitted 16 however, this dose was given to animals which had inhaled 16 later making a mistake and thought he had PCBs when, in 17 chlorinated diphenyl as had been described in this 17 fact, he didn't have PCBs, and this may be a reference to 18 experiment, the result was acute yellow atrophy of the 18 the old test and not the new one, and so 1 think you've got 19 liver." Can you explain that to the jury? 19 to clarify that to be fair with the witness and not just 20 A Explain what? 20 make the assumption when he's already said he doesn't know 21 Q Explain the fact that the doses given to a rat 21 if it was a PCB. 22 were non-toxic, but when that rat had been exposed to 22 MR. McCREA: Would the court reporter please 23 chlorinated diphenyl or PCB and was then given the same 23 read my question and then I'd like an answer. 24 dose, there was yellow atrophy of the liver. 24 (Thereupon, the reporter propounded the pending 25 MR. CARNEY: I'm going to object. You've 25 question.) Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 21 - 24 LEXOLDMONOQ6947 Page 25 Page 27 1 A Well, if the material, the first material that 1 A Yes, sir, but we're - 1 knew that, yes, but 2 Drinker used, whatever it was, whether it was chlorinated 2 we're talking about animal experimentations. There have 3 diphenyl or chlorinated diphenyl benzene was used, then 3 been no yellow atrophy of the liver cases in workers who 4 after it was unable to handle a mixture of carbon 4 worked with PCBs for 50 years. There haven't been any. 5 tetrachloride and alcohol, both of which are poisons to the 5 Q And Dr. Kelly, that statement presumes that 6 liver. 6 the people in the plant, the doctors in the plant and the 7 Q (By Mr. McCrea) But they were not poisonous 7 doctors who treated the workers were able to associate PCBs 8 to the liver in the rat which had not been administered the 8 with yellow atrophy of the liver? 9 chlorinated diphenyl in this experiment; correct? 9 A Plus the health department because these cases 10 A Presumably, yes. 1 don't see the details of 10 are always reported to the health departments, the labor 11 that particular experiment here. 11 departments. 12 Q Now, what I'm asking you is to explain to the 12 Q And if a worker didn't know he was exposed to 13 jury how that process takes place, that there can be yellow 13 PCB and developed yellow atrophy of the liver, how in the 14 atrophy of the liver in the animal which was exposed to the 14 world could a doctor make an association? 15 chlorinated diphenyl or PCB and then is administered the 15 A Well, if he didn't know it, you're making the 16 carbon tetrachloride and alcohol? 16 assumption that 1 cannot make a statement about. If the 17 A Drinker didn't explain that, either, did he? 17 worker didn't know it, there could no association by 18 1 didn't see it in here. 18 him. 19 Q Can you explain it? 19 Q Correct. Are you stating that all workers in 20 A No, 1 can't explain it. 20 industry, General Electric, McGraw Edison, Allis-Chalmers, 21 Q In 1938 did you know that Dr. Drinker reached 21 Westinghouse, Saginaw, Niagara and all of your customers 22 this conclusion? 22 knew that they were working with PCBs from 1936 till 1977? 23 A Yes. 23 A Well, all the companies knew it. 24 Q In 1938 did Monsanto know that Dr. Drinker 24 Q Are you stating that the workers knew it? 25 reached this conclusion? 25 A 1 don't know whether they did or not. 1 have Page 26 Page 28 1 A If 1 knew, Monsanto knew. 1 never been in a GE plant,a Saginaw Electric plant, a 2 Q In 1938 did Monsanto issue warnings to 2 Packard manufacturing plant or any of them, so 1 cannot 3 purchasers of chlorinated diphenyl that individuals exposed 3 answer that question. 4 to chlorinated diphenyl and then carbon tetrachloride 4 Q Isn't it a fact, Dr. Kelly, that as you sit 5 and alcohol could suffer yellow atrophy of the liver? 5 here today in this deposition, you do not know what workers 6 A No, sir, they did not. Carbon tetrachloride 6 knew or what percentage of workers knew they were exposed 7 is a poison and 1 think everybody -- We do not manufacture 7 to PCBs? 8 carbon tetrachloride. Anybody who has manufactured carbon 8 A 1 think that's correct, but I've told you that 9 tetrachloride states do not inhale the fumes, do not take 9 1 have never been in the plants. How would 1 know it? 10 internally, and it's not intended to be taken internally. 10 MR. CARNEY: This is just an obvious tactic. 11 Q 1 understand that, but you also knew that in 11 You've established that - We've established Dr. Kelly 12 this study there was no compromise of the animals who were 12 wasn't in these plants. You're talking about work - He's 13 administered carbon tetrachloride who had not previously 13 supposed to speculate inside the mind of what these workers 14 been exposed to PCB. You knew that based on this study; 14 knew? The fact was Dr. Kelly has repeatedly said he gave 15 correct? 15 the warnings to the people that he had contact with. He 16 A Based on Drinker's statement, 1 did not -- 1 16 had no right to go in the plants and start talking to these 17 knew what Drinker said in this experiment. 1 do not know 17 workers without permission of Westinghouse or General 18 how much, what the details of the experiment were, but we 18 Electric. 19 knew that if the people followed our recommendations, they 19 MR. McCREA: That's exactly my point. It's 20 would not get injury from the PCBs. 20 pure speculation on the part of this witness to state there 21 Q You knew that these results indicated that 21 were no reported cases of yellow atrophy of the liver. 22 carbon tetrachloride and alcohol could cause yellow atrophy 22 That's pure speculation. 23 of the liver in an animal previously exposed to PCB and 23 MR. CARNEY: No. 24 that it had no effect in the animal which had not been 24 A It is not. 25 given PCB? 25 MR. McCREA: Just a second. Because he cannot Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 25 - 28 LEXOLDMONOQ6948 Page 29 Page 31 1 establish that the treating doctors of these workers knew 1 MR. McCREA: All right. Name - 2 that there was an exposure to PCB and thus the causal 2 MR. CARNEY: 1 have proof of it. 3 relationship, and without that knowledge, yellow atrophy of 3 MR. McCREA: All right, Mr. Carney. That 4 the liver as being caused by PCB would be undiagnosed, and 4 particular statement is going to be taken to your 5 for him to state there were no reports is, as you state, 5 disciplinary commission. 1 promise you. 6 pure speculation. 6 MR. CARNEY: 1 welcome it. 1 welcome it. 1 7 MR. CARNEY: It's not speculation at all. Let 7 really do. 1 hope you do. 8 me just make a statement and I'll let you make a statement, 8 MR. McCREA: All right. Well, 1 promise you 1 9 too. Let me just correct you. It is not a speculation. 9 will. 10 It's a fact that there were only less than a handful of 10 MR. CARNEY: Why don't we go on with the 11 reports in 50 years. Now, that's a fact. 11 deposition. 12 MR. McCREA: Well, how could -- 12 MR. McCREA: 1 promise you that will happen? 13 MR. CARNEY: That's not speculation 13 MR. CARNEY: 1 really - 14 whatsoever. 14 MR. McCREA: As will your interview of all our 15 MR. McCREA: That's a fact? 15 clients' doctors without our permission. 16 MR. CARNEY: Yes. 16 MR. CARNEY: Okay. You're - 17 MR. McCREA: But it's also a fact -- 17 MR. McCREA: And that's an ex parte conduct, 18 MR. CARNEY: You agree with that? 18 contact which will also go to the disciplinary commission. 19 MR. McCREA: 1 don't agree with that, but it's 19 MR. CARNEY: And I'm challenging you right now 20 also a fact that none of these workers knew they were 20 to do it. Don't just talking about it. Doit. You've 21 exposed to PCB. 21 threatened to do it and you haven't done it, so 1 want you 22 MR. CARNEY: How did you -- Did you go and 22 to do it, Mr. McCrea. 23 interview all the General Electric -- how many General 23 MR. McCREA: I'll be happy to. 24 Electric workers have you interviewed. 24 MR. CARNEY: 1 don't think you will and you 25 MR. McCREA: I've talked to the supervisor of 25 know you won't. Go ahead. Page 30 Page 32 1 the Pyranol division of General Electric where they made 1 THE WITNESS: Can we get on with my 2 transformers, and his testimony is that he didn't know 2 deposition? 3 there was PCB. 3 MR. McCREA: I'd like to if your counsel will 4 MR. CARNEY: I'm going to -- 4 stay on track. 5 MR. McCREA: Just a second. You asked my. He 5 THE WITNESS: Well, you're asking the 6 didn't know there was PCB in the plant, and he couldn't 6 questions. 7 conduct operations because he spent so much time going to 7 Q (By Mr. McCrea) Dr. Kelly, give me the name 8 funerals. 8 of one individual working for any corporation in the United 9 MR. CARNEY: Well, that's an outrageous 9 States that knew he was exposed to PCBs before 1977? 10 statement. You know it's going to be stricken from the 10 MR. CARNEY: You including Monsanto? 11 record. You're trying to testify. 11 A Well, that is -- Do you think 1 keep a record 12 MR. McCREA: You asked me how 1 knew. 12 of the names of people who are exposed to every chemical 13 MR. CARNEY: You are making misstatements on 13 that we manufacture? 14 the record and I'm trying to correct you. You have not 14 Q (By Mr. McCrea) What evidence do you have 15 talked to all the workers in the electrical plants or all 15 that these workers knew they were exposed to PCB? 16 the workers in any plant. 16 A 1 don't have any evidence. 17 MR. McCREA: Well, you took the deposition of 17 MR. CARNEY: Let me object to the question. 18 Dr. Laland; correct? 18 It's obviously one that could call for speculation as to 19 MR. CARNEY: You have solicited a bunch of 19 what somebody else knew. He'd have to get inside the mind 20 workers to join in the lawsuit. 1 know that you've done 20 of some unnamed worker or, you know, 1 think in this case 21 that, but -- 21 thousands and thousands of workers, get inside their mind 22 MR. McCREA: Mr. Carney, would you care to 22 and figure out what they knew in 1977. If you, you know, 23 apologize for that statement? 23 it's a ludicrous question, and it's obvious that you've run 24 MR. CARNEY: No, I'm not going to because it's 24 out of questions and you're just grasping at straws. 25 a fact and 1 have proof of it. 25 MR. McCREA: Would the court reporter please Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 29 - 32 LEXOLDMONOQ6949 Page 33 Page 35 1 read the question back so that 1 can get an answer. 1 MR. McCREA: Would the court reporter again 2 (Thereupon, the reporter propounded the pending 2 read the question back so that we may get an answer? 3 question.) 3 (Thereupon, the reporter propounded the pending 4 MR. CARNEY: I'm going to object to that. 4 questions.) 5 These workers, you haven't given a name. You haven't, 5 MR. CARNEY: Further, are you excluding from 6 you're -- you haven't identified it. It's hopelessly 6 the question the fact that the doctor's already testified 7 vague. 7 that General Electric and Westinghouse knew more about PCBs 8 Q (By Mr. McCrea) Dr. Kelly, what evidence do 8 than Monsanto did? You know, 1 think if you exclude those 9 you have that any of the plaintiffs in this case knew they 9 things, then 1 think you talk about the ambiguity. 10 were exposed to PCB before 1977? 10 MR. McCREA: Would you answer the question? 11 MR. CARNEY: Objection, you know. 11 First of all, I'd like to have the question read again so 12 A 1 have no evidence that they knew or didn't 12 that you may answer it, and if you have any further 13 know. 13 objections, we can reread it again. We're going to get an 14 Q (By Mr. McCrea) What evidence do you have 14 answer. 15 that a single worker employed by Westinghouse knew he was 15 (Thereupon, the reporter propounded the previous 16 exposed to PCB before 1977? 16 question.) 17 MR. CARNEY: Talking about individually knew 17 A 1 do not have evidence on the knowledge of the 18 or evidence with regard to what the warnings were that 18 individual worker as the General Electric, but 1 have 19 Monsanto made to their supervisors? 1 mean, you know, the 19 definite knowledge that the people at General Electric were 20 question is vague as to what you mean. If you mean what -- 20 informed about the composition of the material and the safe 21 if you include in that the warnings that Monsanto gave, 21 handling factors to be carried out. 1 also have 22 we've covered that. 1 don't think that's what you're 22 information that the transformer company I've been to, not 23 asking for, but 1 think you ought to be clear about it. 23 General Electric or not Westinghouse, the workers 1 talked 24 MR. McCREA: Would the court reporter read the 24 with there did know it was PCBs they were working with in 25 question back so that 1 may again get an answer? 25 the transformers. Page 34 Page 36 1 (Thereupon, the reporter propounded the pending 1 Q (By Mr. McCrea) Dr. Kelly, on page 43 Dr. 2 question.? 2 Drinker states that, "If the individual in question happens 3 A 1 have never talked to a worker with 3 to suffer some ordinary disease of the liver, the condition 4 Westinghouse at the Bloomington plant before or after 1977, 4 is superimposed upon a substratum of injury." That means 5 so 1 have no evidence. 1 don't know if he was 5 exposure to chlorinated hydrocarbons can injure an 6 knowledgeable or not knowledgeable. 6 individual who had an ordinary disease of the liver, does 7 Q (By Mr. McCrea) What evidence do you have 7 it not? 8 that a single worker employed by General Electric knew that 8 A Say that over. I'm reading this. 9 he was exposed to PCB before 1977? 9 (Thereupon, the reporter propounded the pending 10 MR. CARNEY: Are you excluding -- I'm going to 10 question.) 11 object to the question. It's vague. Are you excluding 11 A Well, you neglected to mention that Dr. 12 from that the evidence that Monsanto gave, the warnings to 12 Drinker said in accordance with this hypothesis. He is 13 General Electric supervisors and plant foremen? 13 speculating. 1 think a hypothesis is a speculation. 14 MR. McCREA: If he considers that evidence, he 14 Q Well, that in accordance with the hypothesis, 15 may. 15 he confirmed that the -- 16 MR. CARNEY: Well, 1 don't know what you - 1 16 A It's still a hypothesis there. 17 think it's vague. If that's included, if you're asking 17 Q All right. 18 about that, then 1 think the doctor has knowledge. 18 A Because when you are -- 19 MR. McCREA: Well, you want to answer for him? 19 Q All right. 20 MR. CARNEY: No. 1 think that the doctor's 20 A May 1 finish my explanation? 21 already testified that he gave the warnings to the 21 Q 1 would appreciate it if you'd answer my 22 Westinghouse supervisors and the General Electric people. 22 question. 23 The warnings were sent, and he's already described those 23 MR. CARNEY: Well, let him finish. 24 warnings. Are you excluding that from your question? 24 A Well, ask a questions. I'll be happy to ask 25 Otherwise, 1 think it's an unfair question and it's vague. 25 it. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 33 - 36 LEXOLDMON006950 Page 37 Page 39 1 MR. McCREA: Could you reread the question? 1 been answer. Would the court reporter read the question 2 (Thereupon, the reporter propounded the previous 2 which is probably back about four pages? 3 question.) 3 (Thereupon, the reporter propounded the pending 4 MR. CARNEY: Well, let me object to this. 4 questions.) 5 You're taking -- you're talking about a person now? This 5 A Yes, that's what he says. 6 is a rat experiment. 6 Q (By Mr. McCrea) Dr. Kelly, did Monsanto ever 7 MR. McCREA: Does he say rat? He says if the 7 warn the purchasers of its chlorinated hydrocarbons that 8 individual. 8 individuals with an ordinary disease of the liver could be 9 MR. CARNEY: But - Well, that's what I'm 9 injured by exposure to PCBs? 10 saying. There's a switch there from rat experiment to an 10 A No, it didn't, but that -- Are we talking 11 individual. 11 about what he said? He didn't say that. He said if you 12 MR. McCREA: Did 1 misquote that, Mr. Carney? 12 have an injured liver already, you shouldn't take carbon 13 MR. CARNEY: No. What I'm saying is 1 think 13 tetrachloride or alcohol. If the people followed the 14 you ought to make it clear we're not talking about the Dr. 14 warning statements, they wouldn't get any injury to their 15 Drinker studies, we're not on persons. Is that fair to 15 liver. 16 say? They're on rats. 16 MR. McCREA: We're not talking about that, 17 MR. McCREA: And would you go up to the 17 Doctor. Would you reread the question? 18 previous paragraph and read that, please?"One is forced 18 THE WITNESS: well, 1 answered the question. 1 19 to conclude from the experiments that an average 19 thought. 20 concentration of 0.57 mg per cubic meter inhaled 16 hours 20 MR. McCREA: No, you didn't. 21 daily produces definite slight exchanges in the liver and 21 THE WITNESS: All right. 22 in this organ alone. These changes are resisted 22 MR. CARNEY: 1 disagree. He answered it. You 23 efficiently by the animals and cause no depreciation of 23 just didn't like his answer. 24 health. The situation is not unlike that seen in factories 24 MR. McCREA: No, Mr. Carney. 25 where yellow, where acute yellow atrophy of the liver has 25 MR. CARNEY: It was an answer to your Page 38 Page 40 1 occurred. In the case of such instances, the patients have 1 question. 2 been singled out in some way or other from large groups or 2 MR. McCREA: Ordinary disease of the liver 3 fellow workmen who have been perfectly healthy." Now, is 3 means is separate, entirely separate from exposure to PCBs 4 he talking about rats, Mr. Carney? 4 and carbon tetrachloride and alcohol. It is entirely 5 MR. CARNEY: 1 think he says, "In accordance 5 separate. What this paper says is if a worker has an 6 with this hypothesis, we determine that the dose of 0.75 of 6 ordinary disease of the liver, he can have superimposed on 7 carbon tetrachloride plus 0.75 cc of ethyl alcohol per 7 that an additional injury by exposure to PCB. Secondly, if 8 kilogram of rat was entirely non-toxic to normal animals." 8 a worker is exposed to PCB and then exposed to carbon 9 MR. McCREA: That's correct. Now read the next 9 tetrachloride and alcohol -- 10 sentence. Now read the next sentence to the jury. 10 MR. CARNEY: Mr. McCrea, are you asking a 11 MR. CARNEY: Well- 11 question? 12 MR. McCREA: Read the next sentence. 12 MR. McCREA: No, I'm explaining it to you. 13 MR. CARNEY: I'll read the next sentence. 13 MR. CARNEY: You're explaining it to me? You 14 What 1 -- Well, no, I'm not going to read any more of this 14 don't need to explain to it me. 1 don't need your 15 document. Why don't you ask a question instead of just 15 explanations. 1 heard your question. 1 understood it. 1 16 reading out of a document. We've got Dr. Kelly here. Do 16 heard Dr. Kelly's answer and understood it and it was 17 you have a question for Dr. Kelly? 17 responsive to your question. Now, if you have another 18 MR. McCREA: I've had several. 18 question, go ahead and ask it. 19 MR. CARNEY: Okay. Why don't you ask some 19 MR. McCREA: Well, it was not responsive. 20 questions or conclude your deposition? This has gone on for 20 That sentence makes no reference -- Will you please -- 21 three days. You promised that a day and a half ago 21 MR. CARNEY: All you're doing -- do you want 22 that you would be done in a day and now you're into your, 1 22 to give the jury -- Why don't you ask the questions and 23 think it's your third day of or third day of cross 23 then give the jury the answers that you want. Is that what 24 examination, you know. Do you have any more questions? 24 you prefer? 25 MR. McCREA: 1 have the last one which hasn't 25 MR. McCREA: No, Mr. Carney. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 37 - 40 LEXOLDMONOQ6951 Page 41 Page 43 1 MR. CARNEY: That may be the way to do it 1 reread the question. 2 because you seem to want to explain how the answer should 2 (Thereupon, the reporter propounded the pending 3 have been answered. 3 question.) 4 MR. McCREA: No. 4 A And my answer to it was that would depend 5 MR. CARNEY: Unfortunately Dr. Kelly is the 5 entirely upon the exposure to which the man was, what he 6 one under oath, not you, and 1 think you ought to get some 6 was exposed to in the workplace, and without knowing the 7 testimony from Dr. Kelly. 7 Westinghouse workplace, I'm not in a position to answer 8 MR. McCREA: Break. 8 that question. 9 (Thereupon, a short recess was taken.) 9 Q (By Mr. McCrea) Dr. Kelly, would you consider 10 MR. McCREA: Dr. Kelly, again 1 would like the 10 it an unsafe work practice for the workers at Anniston, 11 court reporter to reread the question so that we may get an 11 Alabama to not have pre-employment physicals to determine 12 answer. 12 if they had pre-existing liver disease before they worked 13 (Thereupon, the reporter propounded the previous 13 with PCBs in the Monsanto Anniston, Alabama plant? 14 question.) 14 A It depends when they came to work. If they 15 A No, sir, we did not because we did not believe 15 came to work in 1960, we wouldn't be concerned about it 16 that the individuals who followed our safe handling 16 because we knew that none of those workers had any problems 17 procedures would be injured by PCBs. 17 during the past 20 years, so we would take somebody who had 18 Q Wouldn't one of the safe handling procedures 18 liver disease. 19 be to advise Westinghouse that it should conduct 19 Q And exposure them to PCBs? 20 pre-employment physicals to determine if there were any 20 A The exposure was not sufficient to cause any 21 liver disease in the prospective workers in accordance with 21 problems. 22 the 1938 information from Dr. Drinker which determined that 22 Q How do you know you had people with liver 23 exposure to PCBs can superimpose injury on a substratum? 23 disease? 24 A 1 want to find the question. What was the 24 A Well, 1 didn't know we had them. You asked - 25 question now that I'm to answer? Would you read the 25That wasn't the question you asked me. Would you repeat Page 42 Page 44 1 question, please? 1 the question so we know what we're talking about? 2 (Thereupon, the reporter propounded the pending 2 (Thereupon, the reporter propounded the previous 3 question.) 3 question.) 4 A No, because Westinghouse had the same 4 A And my answer was no, it would not be, 5 information we had. They had the same opportunity to have 5 although we did do examinations for everybody that came to 6 that information. They had a sophisticated medical 6 work at the place, but the reason 1 would not consider it 7 organization, they had carried out toxicological 7 unsafe because we had no liver injury during the course of 8 conditions, toxicological experiments on their own on their 8 the manufacturing of PCBs since I've been with Monsanto. 9 product, so they knew as much as we did about it. 9 Q How did you communicate with your workers at 10 Q Dr. Kelly, would you acknowledge to this jury 10 Anniston, Alabama that they were working with PCBs? 11 that it would be an unsafe work practice not to have a 11 Ain safety meetings they told them what the 12 pre-employment physical of a prospective worker to 12 products were. 13 determine if that worker had liver disease before he was to 13 Q Who told them? 14 be exposed to PCBs? 14 A The foreman, the area supervisor. 15 A 1 would have to know the exposure, Mr. McCrea. 15 Q Do you have one piece of documented - Do you 16 1 can't make a statement without knowing the type of 16 have any document which establishes that these workers were 17 exposure of which he might have. 17 told they were working with PCBs? 18 Q The exposure could range from anything from 18 A 1 don't have a document, but 1 think what 19 very slight exposure to perhaps very substantial exposure. 19 Monsanto's procedure was, were in all the departments they 20 Under those circumstances, will you please answer the 20 had. They had regular safety meetings. They had regular 21 question? 21 manufacturing meetings with the workers, and they told them 22 MR. CARNEY: Objection to the form of the 22 what the products were and they told them how to avoid 23 question, vague. 23 problems. 24 A It question is, as 1 understand it -- 24 Q Did you, Dr. Kelly, ever stand in front of a 25 MR. McCREA: Let's let the court reporter 25 group of workers in Anniston, Alabama and explain the risk Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 41 - 44 LEXOLDMONOQ6952 Page 45 Page 47 1 associated with exposure to PCBs to the workers? 1 complete and thorough housekeeping. You must" -- 2 A Well, first of all, at our plants we didn't 2 Q That's not my questions, Dr. Kelly. My 3 have any risks, so the answer to your question is no. 3 question is: What risks did you explain to them before they 4 Q Did you ever stand before the workers at 4 got chloracne, not after? 5 Sauget, Illinois or East St. Louis and explain to risk of 5 A We didn't know they were going to get 6 exposure to PCBs? 6 chloracne until chloracne showed up. 7 A Yes, 1 explained that to the people 1 7 Q All right. What other problems showed up with 8 examined. 1 explained why we were examining them and 1 was 8 those workers in Nitro, West Virginia who were exposed to 9 explaining to them what our experience had been in the past 9 the chlorinated hydrocarbons? 10 and that's, and 1 wanted to examine them to find out if my 10 A Well, there again, Mr. McCrea -- 11 belief was correct. So the answer to your question is yes. 11 MR. CARNEY: Again stipulating that this is 12 1 didn't stand before them. 1 sat down before, with each 12 not a PCB? 13 one. 13 MR. McCREA: Stipulated. 14 Q What risks did you explain to them were 14 A And you were saying -- We had problems at 15 associated with exposure to PCB? 15 Nitro, West Virginia from an explosion that caused the 16 A If you get too much on your skin for prolonged 16 formation of dioxins, and 1 didn't tell these people, 17 periods of time, if you inhale material at elevated 17 "Look, if we have an explosion, here are the risks you're 18 temperatures, you are liable to get chloracne. We have not 18 going to have." 19 had any chloracne, but that is the hallmark of PCB, adverse 19 Q (By Mr. McCrea) What other problems did those 20 effects. 20 workers have? Just a second. 21 Q You never- 21 A Well, those -- 22 A 1 also said if you get too much you are 22 Q In addition to chloracne in Nitro, West 23 liable, there's a possibility that you may get a chemical 23 Virginia? 24 hepatitis. 24 A The problems that the people had at Nitro, 25 Q Did you have chloracne at Nitro, West 25 West Virginia in addition to chloracne were those that Page 46 Page 48 1 Virginia? 1 resulted from the uncontrolled reaction which you could 2 A Yes, sir. 2 call an explosion which blew the content of the material 3 Q And what risks did you explain to the workers 3 out of the, out of the vessel on to the roof. The people 4 at Nitro, West Virginia before they got the chloracne? 4 developed chloracne. They developed peripheral neuritis. 5 MR. CARNEY: It this -- You agree this is not 5 Q What else? 6 a PCB plant, isn't it? 6 A I'll have to go back. 1 don't -- Those are 7 MR. McCREA: Chlorinated hydrocarbon. 7 the two prominant ones that 1 remember. 8 MR. CARNEY: But no PCBs were ever made at 8 Q Well, Doctor, that situation doesn't slip your 9 Nitro. 9 mind, does it? 10 Q (By Mr. McCrea) Stipulated. What risks did 10 A Well, it doesn't slip my mind, no, but we had 11 you explain to the workers at Nitro, West Virginia before 11 a number of people with different symptoms. I've told you 12 they got chloracne? 12 the two prominent ones, peripheral neuritis and chloracne. 13 MR. CARNEY: Objection on the grounds of 13 Q Did they have fatigue? 14 relevance. 14 A Well, that's not a condition. That's a 15 A Now, let us explain. What risk did 1 explain 15 symptom. 16 to the workers who were working with an agricultural 16 Q Well, did they have fatigue as a symptom? 17 chemical not even close to PCB, not remotely connected? 17 A Some did, some didn't. 18 Q (By Mr. McCrea) Much more hazardous; correct? 18 Q Did they have vertigo as a symptom? 19 A It depends. There are all varieties. Yes, 19 A It was not prominent in my recollection. 20 this is an agriculture chemical which is a weed killer. 20 Q Did they have loss of libido? 21 Q Explain what risks you explained to those 21 A Some did, some didn't. 22 workers. Explain the risks that you communicated with 22 Q The same as the black worker reported in 1933? 23 those workers? 23 MR. CARNEY: Well, let me object to the form 24 A 1 said to those workers, "There have been 24 of that question. 25 chloracne cases in this plant. You must exercise complete, 25 A 1 cannot answer that because 1 don't know how Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 45 - 48 LEXOLDMONOQ6953 Page 49 Page 51 1 much loss the black worker had, and 1 don't know how much 1 Q How do you explain that these individuals 2 loss these workers had, whether it was five percent, ten 2 experienced pain in their joints as a result of exposure to 3 percent or a hundred percent loss. 3 the agricultural chemical? 4 Q (By Mr. McCrea) The black worker reported 4 A They received -- They developed the pains in the 5 loss of libido; correct? 5 joints in response to the combustion products of the 6 A Yes. How much loss? Five percent? Ten 6 uncontrolled reaction. It was not the agricultural 7 percent? Hundred percent? 1 don't know. He had some loss 7 chemical at that time, so -- 8 of libido. That's what he reported. 8 Q Could -- 9 Q And the workers in Nitro, West Virginia 9 A If they had peripheral neuritis, they would 10 reported loss of libido; correct? 10 get pains in the extremities. The joints presumably that 11 A Yes, some did. 11 they complained about were in the extremities. 12 Q Did they also report painful joints? 12 Q So you are tying in the mechanism by which 13 A It was not a prominent symptom. 13 they experienced pain in their joints with the peripheral 14 Q Did they report it? 14 neuropathy which is the demyelinization of the coating of 15 A 1 don't know whether they reported it. If 15 the nervous of the extremities? 16 they had peripheral neuritis, maybe they did have pains 16 A That is one of the causes, yes. 17 around their joints. 17 Q And how does this chemical cause the coating 18 Q What else did they report? 18 to demyelinize? 19 A If you will show me the medical reports 1 will be 19 A 1 don't know. 20 happy to give you the symptoms they reported, but... 20 Q Was there any investigation of that with 21 Q And that was a result of exposure to dioxin; 21 neurologists or specialists in the field of medicine? 22 correct? 22 A In our workers? 23 A Presumably. They were unable to find out what 23 Q As a result of the workers in Nitro, West 24 the products of combustion were at the explosion. 24 Virginia experiencing pain in their joints and peripheral 25 Q Well, now, Dr. Kelly, you know that was 25 neuropathy? Page 50 Page 52 1 dioxin; correct. 1 A We sent four of them to the Kettering 2 A No, 1 don't know it was dioxin because this 2 Institute where they had biopsies on nerves taken in two of 3 guck that came out and was burned to a crisp was analyzed 3 them. They were completely examined and checked for these 4 and they couldn't analyze for dioxin at that time. The 4 things. 5 supposition is that it was dioxin, but when you say do 1 5 Q What did the biopsy of the nerves indicate? 6 know it was dioxin, 1 don't know it. 6 A It showed demyelination of the nerves. 7 Q Do you know what quantity of chemical they 7 Q And did the doctors at Kettering Institute 8 were exposed to? Do you know the dose response? 8 explain to you how this chemical from the combustion could 9 A Let's have two, that divided into two 9 demyelinize the nerves in the peripheral area? 10 sentences, two questions, please. 10 A 1 don't believe they knew. 11 Q Yes. Do you know the dose response? 11 Q Demyelinization means that the nerve cells 12 A Of what? 12 became necrotic. 13 Q The chemical to which they were exposed which 13 A No, it doesn't. It means that the covering of 14 caused chloracne, loss of libido, dizziness, peripheral 14 the nerve loses its, the coating of the nerve loses it, its 15 neuropathy. Let me go through this list. Fatigue, 15 -- Well, the coating gets destroyed. 16 vertigo, loss of libido, pain in the joints, peripheral 16 Q So Monsanto was never able to determine the 17 neuropathy and chloracne. 17 chemical which caused those number of problems? 18 A The dose response was not able to be 18 A That is not correct. 1 said the ones, the 19 calculated because we had men who were cleaning the 19 severe ones who had the peripheral neuritis, who had severe 20 galvanized roofing and scraping off this black carbonaceous 20 chloracne were the ones who had worked at the time of the 21 tar. How much they got absorbed through their clothes 1 do 21 explosion. We did have chloracne from the general 22 not know, but there was quite a lot. 22 manufacturing run of the material, and to the best of my 23 Q They were up on the roof? 23 recollection, those were not accompanied by those dire 24 A They were up on the roof and they were up 24 complaints that you mentioned. 25 below the roof. 25 Q Were there also long-lasting problems Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 49 - 52 LEXOLDMONOQ6954 Page 53 Page 55 1 affecting the brain? 1 A Well, it was definite in the other cases. 2 A No, not -- 2 Q For explosion? 3 MR. CARNEY: Again just for the record, we're 3 A We suspected. We were never able to prove it. 4 not talking about PCBs here. 4 Q So dioxin was suspected, but never proven as 5 MR. McCREA: Chlorinated hydrocarbons, 5 a causative agent in the workers subjected to the 6 presumably dioxin which is a contaminant of certain PCB 6 explosion? 7 compounds as he earlier testified. 7 A 1 don't know when it was suspected. 1 mean, 8 MR. CARNEY: No, 1 think you've 8 I'm not exactly sure. The date of the explosion is 9 mischaracterized the record, but 1 just think the record 9 something, in 1959 or something like that. 10 ought to be clear that you're spending a lot of time now 10 Q '49? 11 talking about an entirely different chemical, an 11 A It was it'49?'49. Well, 1 don't believe there 12 agriculture chemical, not a PCB. 12 was methods of checking for dioxin at that particular time. 13 Q (By Mr. McCrea) Dr. Kelly, was dioxin which 13 I'm not sure. 14 is a PCB with two oxygen atoms added, was it implicated in 14 Q All right. You may have answered the 15 the cause of the illness of the workers in Nitro, West 15 question, but 1 don't think 1 understand it. Was dioxin 16 Virginia? 16 implicated in the serious conditions of the workers who 17 A Now, we're dealing with two conditions when 17 were subjected to the explosion? 18 you talk about illness. There was an explosion which 18 A Well, if by implicate you mean was it proven, 19 started the situation. We had that. We did not -- We were 19 it wasn't proven. 20 unable to analyze the material for dioxin because as 1 20 Q No, no, no, suspected. 21 said, it was completely charred much like a, oh, coagulated 21 A Well, that's a before word. 22 hunk of ashes, and they were unable to find out whether 22 Q Well, let's change the word to suspected? 23 there was dioxin in it, and 1 don't know if the mechanism, 23 A It was suspected post hoc, after the 24 if the analytical method for running dioxin was available 24 situation. It was not suspected at the time of the 25 at that time. We were able to find that dioxin was present 25 explosion. Page 54 Page 56 1 in the agricultural chemical at Nitro, West Virginia and 1 Q All right. 2 sometime after the explosion in the regular manufacturing 2 A It was not suspected when the first people 3 run. 3 broke out with the chloracne. 4 Q Was it implicated as a causative agent of the 4 Q Do you feel it was the probable cause of the 5 health symptoms and problems suffered by those workers? 5 workers who experienced chloracne, fatigue, vertigo, loss 6 A Well, now again, what health symptoms and what 6 of libido, pain in their joints and peripheral neuropathy? 7 problems? 7 MR. CARNEY: Objection to the form. 8 Q Chloracne? 8 THE WITNESS: Would you repeat that question? 9 A Chloracne, yes. 9 (Thereupon, the reporter propounded the pending 10 Q Peripheral neuropathy? 10 question.) 11 A No, that was not present in the workers who 11 A It might have been. 12 were not exposed at the explosion. 12 Q (By Mr. McCrea) You can't say it's probable? 13 Q No, I'm talking about the ones who were 13 A Because we didn't find it. We were unable to 14 exposed to the explosion. 14 look for it. 15 A Well, 1 am trying, Mr. McCrea, to clarify two 15 Q So all you can say is it might have been the 16 situations which you are throwing in the same bundle. 1 16 cause? 17 said we had an explosion during a reaction of the making 17 A That's correct. 18 the agricultural chemical. As a result of the clean up, we 18 Q Do you feel that dioxin was the probable cause 19 developed several, a number of people developed very 19 of the chloracne in the regular work force who were not 20 serious conditions. Those are the ones that had peripheral 20 exposed to the explosion? 21 neuritis and severe chloracne. Those are the ones that we 21 A That and wherever other impurities might have 22 did biopsies on the nerves. Then we had chloracne in 22 been present in the 245T. 23 varying degrees in a number of individuals in the regular 23 Q Did you talk with a doctor from Germany about 24 work force. Dioxin was suspected in those cases. 24 a similar episode at BASF, Dr. von Oettel? 25 Q Which cases, the -- 25 A 1 talked with him once, and 1 don't know what Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 53 - 56 LEXOLDMONOQ6955 Page 57 Page 59 1 his episode was. 1 any of his findings? 2 Q Can you describe for us the health problems 2 A You mean ever in my life? 3 experienced by the workers at BASP in Germany as a result 3 Q Yes, sir. 4 of a similar type explosion in the manufacturing of the 4 A No, 1 did not write him, but 1 challenged them 5 agricultural chemical? 5 on the phone. 6 A No, sir, and 1 don't even know if Dr. Oettel, 6 Q Which findings did you challenge on the phone? 7 O-e - 7 A 1 challenged him on the phone that he reported 8 Q 1 have it von Oettel, v-o-n capital 8 findings on chlorinated diphenyl, and 1 did not believe it 9 O-e-t-t-e-l? 9 was a chlorinated diphenyl. 10 A Well, he didn't use the von when 1 was talking 10 Q Did you challenge him as to any other findings 11 to him. 11 in any of the reports which he provided to Monsanto under 12 Q All right, sir. Can you describe their 12 contract? 13 symptoms? 13 A First of all, 1 don't believe 1 would use the 14 A No, 1 can't at this date. 1 don't know if he 14 word challenged to talk to a scientist. 1 wouldn't say 15 read an article on it or not. 15 challenge. It seems to me that you say, "Look, 1 think 16 Q But he did come to St. Louis, Missouri to talk 16 you're completely off base on this." 1 may have discussed 17 to you? 17 parts of the report and 1 may not have. 1 have no 18 A Not because of that. He came for other 18 recollection of what happened 50 years ago. 19 reasons. 1 don't know what he came -- he was over here at 19 Q If a worker from the Bloomington Westinghouse 20 some particular meeting. He did not come over to talk 20 plant called you in 1958 and informed you that he had liver 21 about the BASP explosion because 1 don't know if they had 21 disease, hepatitis and asked you if he could work in PCBs, 22 it at that time or maybe it was before. 1 don't know, but 22 what would you have told him? 23 it wasn't -- 1 don't recall it was written up. 23 A 1 would say, "Look, 1 cannot diagnose you from 24 Q Did you desire information about the situation 24 Missouri. Go and see your family doctor. See a good 25 at BASP in that your workers at Nitro, West Virginia had 25 specialist if you have one. See your family doctor," and Page 58 Page 60 1 experienced these problems as a result of an explosion of 1 then 1 would call the plant manager at Bloomington and say, 2 this agricultural chemical? 2 "1 understand you have a man who is alleging exposure to 3 A Well, 1 don't know. 1 don't remember when 1 3 PCBs and says he has liver problems. 1 think this should 4 talked to him. 1 don't remember if 1 talked to him before 4 be investigated. 5 our explosion or after our explosion. 1 don't know. 5 Q All right, sir. If a worker called you from 6 Q That's not it question. 6 Bloomington, Indiana in 1958 and informed you that he was 7 A Well, what was the question? 7 going to work in a department which had PCBs and carbon 8 MR. McCREA: Could you read the question back? 8 tetrachloride, what would you tell him? 9 (Thereupon, the reporter propounded the previous 9 A Again 1 would tell him, "1 cannot make any 10 question.) 10 decisions as far as your workplace is concerned." There is 11 A Well, 1 said 1 don't remember whether it was 11 a supposition that you were giving me. 1 would certainly 12 before our explosion or after our explosion, so 1 can't 12 say "The carbon tetrachloride is, you should not be 13 answer the situation. If it was before out explosion, 1 13 exposed to that whether you have liver disease or not." 14 couldn't very well have talked to him about an explosion 14 They don't even let secretaries clean off their typewriters 15 that was going to happen in the next six months. 15 with carbon tetrachloride. It's a bad actor. 1 would say, 16 Q (By Mr. McCrea) Did you change the workplace 16 "This is a question you'd have to ask your supervisors. 17 passes at Nitro, West Virginia as a result of the 17 I'll be happy to talk to any of your supervisors, but 1 18 chloracne? 18 don't know anything about your workplace." 19 A Yes. 19 Q If he called you in 1958 and asked you if 20 Q With regard to the work done by Dr. Drinker 20 there were any special risk in exposure to carbon 21 which we have discussed, did you sit down with him and 21 tetrachloride if he had a contemporaneous exposure to PCBs, 22 review his reports in detail? 22 what would you tell him? 23 A 1 may have called him on the phone. 1 do not 23 A Again 1 would say, "It depends on how much 24 believe 1 went up to Cambridge. 24 exposure you have to carbon tetrachloride. It depends on 25 Q Did you ever write Dr. Drinker and challenge 25 how much exposure you have with PCBs. 1 can't quantify Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 57 - 60 LEXOLDMONOQ6956 Page 61 Page 63 1 those. This is a situation that you have to talk over with 1 Q (By Mr. McCrea) 1 think we're prepared to 2 your own plant medical department," and 1 would call the 2 stipulate to that fact. 3 Westinghouse people and say this is what this man said and 3 A Well, yes, but 1 want to be clear, Mr. McCrea, 4 1 would talk to the doctor and give him my thoughts. 4 because you've mentioned all these things and it's easy for 5 Q If he asked you if there were special risks 5 somebody on the jury to get the impression that there was a 6 irrespective of exposure, what would your answer be? 6 hot line between Bloomington and myself. 7 MR. CARNEY: Well, I'm going to object to the 7 Q Well, 1 appreciate your clarifying that for 8 form of the question. 8 the jury and we will stipulate that no worker ever called 9 A That is a question if there were no, 9 you or had your phone number. 10 regardless of exposure? 10 A Thank you. 11 Q (By Mr. McCrea) Right. 11 Q If he called you and said, "I'm exposed to .5 12 A If there's no exposure, there's no risk. Is 12 milligrams per cubic meter of PCB and .5 milligrams of 13 that what you're saying? 13 carbon tetrachloride per cubic meter," what the would your 14 Q Right. What it there's slight exposure to 14 answer be as to whether or not those exposures presented 15 PCB? 15 any special risk? 16 A Well, it depends how much there is and how 16 MR. CARNEY: Well, I'm going to object. You 17 much exposure there is to carbon tetrachloride. 17 just mentioned some numbers without saying how. Was it 18 Q You can't answer the question? 18 fumes? You know, what confined space? Was there 19 A Yes, 1 can answer the question. Give it back 19 ventilation system? Was he putting his head in it? Was he 20 to me. 20 putting his feet in it? 1 don't know what the exposure is, 21 MR. McCREA: All right. Read it back. 21 so it's vague. 22 MR. CARNEY: Well, just for the record before 22 A Well, 1 have to say to him, "Monsanto does not 23 it's read back, 1 certainly heard an answer. Maybe I'm 23 manufacture carbon tetrachloride. 1 am not familiar with 24 hearing things today, but 1 heard a question and 1 heard an 24 the maximum allowable concentration or the TLV if there was 25 answer to the question, and 1 don't think, Doctor, just 25 one in 1958, but 1 will be happy to look it up and talk to Page 62 Page 64 1 because he asks that the question be read back you're 1 your people about it, but this is really a question for 2 obligated to give him a different answer or expand upon it. 2 your own organization, not Monsanto. I'll be happy to 3 You can if you want to, though. Read the question and the 3 discuss it with your manufacturing group or your medical 4 answer. 4 group." 1 do not believe that 1 would have, would discuss 5 (Thereupon, the reporter propounded the previous 5 it with the worker. 6 question and answer.) 6 Q (By Mr. McCrea). Did you ask Dr. Drinker what he 7 Q (By Mr. McCrea) 1 said slight exposure. 7 felt would be a safe level of PCB and carbon 8 Doctor, let me clarify the question. What if the worker 8 tetrachloride with regard to worker exposure when he 9 called you and said, "1 have a slight exposure to PCB and a 9 provided you with this informations on page 43 and 44? 10 slight exposure to tetrachloride"? Is there any special 10 A No, sir. 11 risk with that combined exposure? 11 Q Of Plaintiff's Exhibit Six? 12 MR. CARNEY: Objection to the form of the 12 A No, sir. 1 did not, but remember, the kind of 13 question. It's vague. 13 exposure he gave those rats, that's completely different 14 A Well, yes, 1 would answer this way. 1 would 14 from the kind of exposure you get in industry. Carbon 15 say to him, "1 to not know what you mean by slight exposure 15 tetrachloride is gradual by inhalation. Here they 16 to these two chemicals. This is a situation for your own 16 gave these rats a good size slug of the material by mouth 17 manufacturing and medical organizations. I'll be happy to 17 all in one insult. So 1 would not expect that condition to 18 talk with any of them and give them any information that 1 18 obtain in industry. 19 have." And 1 might say in answer to all those questions, 1 19 Q Would you go to page 43 and read the caption 20 never received a telephone call from any Westinghouse 20 on that page and tell me if we're talking about giving rats 21 worker at Bloomington. 1 mean, 1 just, all these 21 a slug through the mouth? What is the caption on the top 22 questions, there is an if in there, if somebody did this, 22 of page 43? 23 but just for the mind of the jury, 1 never received any 23 A "Results of Inhalation Experiments," but -- 24 questions or telephone calls or letters from any worker in 24 Q Dr. Kelly, does this document talking about - 25 the Bloomington, Indiana Westinghouse plant. 25 MR. CARNEY: Wait a minute. You just, you Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 61 - 64 LEXOLDMONOQ6957 Page 65 Page 67 1 interrupted him. 1 think he -- let him finish this answer 1 should answer that question. I'll be happy to talk to 2 and then you can ask another question. 2 them." 3 A Yes. Look what he says in the last paragraph. 3 Q Dr. Kelly, if a worker called you in 1958 and 4 "In accordance with this hypothesis, we determined that a 4 asked you if it was safe for him to drink four to six cans 5 dose of .75 cc's of carbon tetrachloride plus 7.5 ethyl 5 of beer a day if he worked an eight hour shift exposed to 6 chloride per kilogram to rat was entirely non-toxic. 6 PCBs, what would you tell him? 7 However, when this dose was given to animals" -- a dose. 7 A I'm say, "What is the exposure?" 8 He's not talking about inhaling this stuff. He's giving 8 Q .5 milligrams per cubic meter plus dermal 9 them this in a cocktail, a slug of this stuff by mouth. 9 exposure. 10 Q Was the chlorinated hydrocarbon given to the 10 A How much dermal? 11 rat by cocktail form? Was the PCB given to the rat by 11 Q Hands, forearms, legs. 12 cocktail form? 12 MR. CARNEY: Yeah, but you haven't said, is 13 A Tetrachloride is also a chlorinated 13 this constant. 14 hydrocarbon. 14 MR. McCREA: Constant. 15 Q Was the PCB given to the rat by cocktail form? 15 MR. CARNEY: The legs? 16 A No, it was not. 16 MR. McCREA: Right. 17 Q As described by Dr. Drinker on page 43? 17 MR. CARNEY: So he's constantly got PCBs on 18 A No, sir. 18 his legs and his arms, and he's breathing it constantly for 19 Q On Plaintiffs Exhibit Six? 19 how long a period of time? 20 A No, sir, but you were asking me previously, 20 MR. McCREA: Eight hours a day. 21 you were including the doses of carbon tetrachloride and 21 MR. CARNEY: For how many years? 22 alcohol under results of inhalation experiments, and that 22 Q (By Mr. McCrea) That wasn't incorporated into 23 wasn't correct. That's why 1 corrected you on it. 23 the question. What would your answer be? 24 Q All right. It was inhalation of PCB? 24 THE WITNESS: Let me have the question. 25 A That's correct. 25 (Thereupon, the reporter propounded had pending Page 66 Page 68 1 Q And it was an injection? 1 question.) 2 A No, it was by mouth, a dose of the stuff. 2 A 1 would say to him one, 1 think eight cans a 3 Q But there's no question that the PCB was 3 beer are not good for anybody. 4 inhaled? 4 Q Four to six. 5 A No, of course not. There's no question about 5 A Oh, four to six? Well, maybe 1 wouldn't say 6 it. 6 that then. 1 would also say, "You should not have your 7 Q So if the working called you in 1958 and 7 arms, legs, clothes contaminated for eight hours a day with 8 informed you that they had measured the ambient levels of 8 PCBs." 1 would say then the answer, first of all, that 9 PCB in the air which he breathes and the ambient levels of 9 should not be done whether you take one can of beer or no 10 carbon tetrachlorides in the air which he breathes and that 10 cans of beer. That should not be done. 11 both results were .5 milligrams per cubic meter and if 11 1 would say to him then, "It depends on your 12 there were any special risks, what would you tell him? 12 physical condition, what, what are, what examination, what 13 A I'll repeat what 1 said before. We -- 13 would an examination of you show? 1 don't know how 1 can 14 Monsanto did not make carbon tetrachloride. 1 do not know 14 advise you on this, but 1 will advise you that that type of 15 what the safe level of carbon, the maximum concentration, 15 contamination is wrong, should not be done. We warn 16 allowable concentration of carbon tetrachloride was in 16 against it. 17 1957. 1 don't know where you got it figure of .5 17 Q Did you ever warn against the contamination of 18 milligrams per cubic meter. That may be correct, it may 18 alcohol with regard to workers exposed to PCBs in the 19 not, but 1 would have to tell them, "Look, you were talking 19 history of Monsanto from 1936 through 1990? 20 about working conditions in the Westinghouse plant. 1 20 A Not that 1 can recall, no, sir. 21 don't know whether, what these levels, that accuracy -- not 21 Q And you would have given this worker no such 22 the accuracy of determining it, but whether these are peak 22 warning of the combined effect. You would have said 23 levels, whether these occur all the time. This is a 23 "Drinking can be bad for you, PCBs can be bad for you," but 24 question for your manufacturing people and your, and your 24 you would not give him a warning that the combined exposure 25 medical people. You should not -- That's the people who 25 to PCBs and consumption of four to six can of beer a day Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 65 - 68 LEXOLDMONOQ6958 Page 69 Page 71 1 could have adverse effects? 1 answered the question. 2 A 1 would have said, "You have got to avoid this 2 MR. CARNEY: That's your opinion. 1 disagree 3 type of exposure to PCBs so that you could drink four to 3 with you and 1 think probably Dr. Kelly thinks he's 4 six cans, if that's what you want to do." 4 answered it, but let's not debate that. 1 don't think 5 Q You would have said nothing about the combined 5 we'll ever agree on that. I'm not going to dispute that. 6 effect? 6 You believe that he didn't answer. 1 believe he did, and 1 7 A 1 would have said "You do not, you should not 7 think Dr. Kelly believes he did answer it. 8 have this type of exposure, period." 8 MR. McCREA: Then I'll certify that question 9 Q Dr. Kelly, in a yes or no answer, would you 9 to the Court for a ruling. So that we understand the 10 have given him a warning as to the health consequences of 10 question, would the court reporter please read it back with 11 the combined effect of the exposure to PCB and the 11 the understanding that your objection is valid, that he may 12 consumption of alcohol? 12 answer it without simply a yes or no. Would the court 13 MR. CARNEY: And he's got to give a yes or a 13 reporter please read the question back as to the combined 14 no answer? 14 effect and then 1 want to listen to that question one more 15 MR. McCREA: Correct. 15 time. 16 MR. CARNEY: 1 object to that and 1 instruct 16 MR. CARNEY: Okay. Before we listen to the 17 you not to answer that because that's an improper question. 17 question one more time, I'm going to allow the doctor to 18 1 don't think you're entitled to say that the doctor has to 18 answer it one more time. 1 think he's answered it, and if 19 answer in only two answers, yes or no, and because of that 19 he wants to answer it, my answer stands. That's perfectly 20 I'm not going to allow the answer. 1 don't think you can 20 acceptable, but I'm, in order to avoid instructions, 1 will 21 instruct a witness how to answer your own question. 1 know 21 allow the question to be read back and if the doctor thinks 22 you'd like to, but it's not proper. 1 think it's very 22 he needs to elaborate or change his answer or add something 23 improper. 1 think you know it's improper and you know a 23 to it or stand on it or whatever, he's free to answer it in 24 court will not allow you to say that you can only answer 24 any way he can. 25 that yes or no and give no other answer. I've never heard 25 (Thereupon, the reporter propounded the previous Page 70 Page 72 1 of that being done and 1 think you know that's improper. 1 question.) 2 MR. McCREA: I'll accept the validity of your 2 A Is that the question? 3 objection. Would the court reporter please read the 3 Q (By Mr. McCrea) Yes, sir. 4 question, and then you may answer it in any manner which 4 A 1 might and where might not. 1 would ask him, 5 you desire without a yes or no answer. 1 have not received 5 "What exposure do you have? How long have you been -- Is 6 an answer to this question. 6 this a common practice for you to have four to six cans of 7 MR. CARNEY: Well, 1 disagree. You've asked 7 beer a day? Do you have any illnesses? Have you" -- 1 8 it three or four times now, at least, and you've gotten an 8 would go in to some medical history with him and then 1 9 answer three or four times. 9 would say, "1 believe this is a question for somebody who 10 MR. McCREA: Not as to the combined effect. 10 knows more about your exposure than 1 do." 1 would not be 11 MR. CARNEY: You've asked the question, that 11 able to give him a frank yes or no. 12 question three or four times, 1 believe. 12 Q (By Mr. McCrea) Dr. Kelly, if he asks you if 13 MR. McCREA: I'd say four or five or six 13 there was any special risk in consuming alcohol if he were 14 times. 14 exposed to PCB in the workplace, what would you tell him? 15 MR. CARNEY: Okay. I'll go along with four to 15 A I'd say, "How much exposure did you have?" 16 six, and if 1 can, 1 don't know your entitled to just 16 Q All right. 17 continue to ask the question because you don't like the 17 A If you have, That's -- well - 18 answer. You've been doing that for some reason today and 1 18 Q We've been through - 19 don't understand it, but at any rate, 1 think you've got to 19 A We've been throw this,but that's the key 20 ask new questions. 1 don't like to instruct a witness not 20 point. 21 to answer, but when it gets so repetitive, I'm really 21 Q What exposure would you consider - what is 22 getting at my, to my limit here of tolerance for the 22 the exposure, Dr. Kelly, that you would consider sufficient 23 repetition that's going on. 23 to then warn against the consumption of alcohol? You 24 MR. McCREA: Tom, there's nothing about the 24 explain it to me? 25 answer 1 don't like. What 1 don't like is he hasn't 25 MR. CARNEY: Objection to the form. 1 don't Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 69 - 72 LEXOLDMONOQ6959 Page 73 Page 75 1 think you've given him enough facts to answer the question. 1 did you have one procedure in place in East St. Louis and 2 A 1 would say the exposure is if an individual 2 not in place in Anniston? 3 has, wears contaminated clothing during his work shift, if 3 A Because the change of clothes every day and 4 he's exposed to regular atmospheric concentrations three or 4 the time allowed for bathing was negotiated by the union at 5 four times the maximum allowable concentration, 1 would 5 Krummrich plant for almost all the workers. It was not 6 believe that if that continues he should not -- 1 would 6 done for medical reasons. It was negotiated by the union. 7 also believe that if he has any changes in his liver 7 They were very happy to have 15 minutes off whether they 8 enzymes, then he should not drink alcohol. 8 took the shower or not. Anniston it was not a part of the 9 Q Thank you, Doctor. Would you turn to page 46, 9 union contract. 10 please? 10 Q Do you know -- 11 A Yes, sir. 11 A 1 repeat, it was not done for medical reasons. 12 Q Can you identify that document? 12 Q Do you consider taking clothes home which have 13 A It's a "Process for the Production of 13 been contaminated with PCB as an unsafe practice? 14 Aroclors, Pyranols, Etc. at the Anniston and at the 14 A Again you'll have to tell me what they, how 15 Krummrich Plant", Krummrich plant being Sauget, also being 15 much they were contaminated, what they did with it, do they 16 East St. Louis. 16 to this every day. 1 mean, if you define those, I'll be 17 Q Would you turn to a page 49? 17 happy to answer it. 18 MR. CARNEY: When you ask-just so the 18 Q Five ounces of PCB spread uniformly over the 19 record is clear, are you, have you asked the doctor if he's 19 clothing, would you consider that as unsafe practice? 20 familiar with the document? 20 A What do they do with it when they get it home? 21 Q (By Mr. McCrea) 1 don't believe 1 did. Are 21 Q They wear it, put it in the family wash. 22 you familiar with this document, Dr. Kelly? 22 A Wash it? No, 1 don't think that's unsafe. 23 A Well, 1 think I've seen it little earlier in 23 Q Do you know it's unsafe for the worker to 24 this deposition. I've thumbed through it. 24 wear that clothing without laundering it? 25 Q All right, sir? 25 MR. CARNEY: For one day or one hour? Page 74 Page 76 1 A This was -- 1 don't see my name on any of the 1 MR. McCREA: For a week. 2 card, the distribution list. This is pretty much in all 2 A It might. It might. We advise against it in 3 English, our English plant. 3 our labels. 4 Q This is a process for the production of 4 Q (By Mr. McCrea) And you did something against 5 Aroclors, Pyranols, etc. at the Monsanto Anniston, Alabama 5 it in East St. Louis, but not at your plant in Anniston, 6 plant and the William G. Krummrich plant in East St. Louis 6 and you've explained that. The union insisted on that? 7 or Sauget, Illinois? 7 A I've explained that and 1 said we did not -- 8 A That's correct, but it's written by a man who 8 First of all, we did not have five ounces of PCBs on our 9 was from our English company, and as you see it, London, 9 workers' clothing at the East St. Louis plant. We didn't 10 Newport, Newport. Newport is in the United Kingdom. 10 have that, and 1 also said we did not have that change of 11 Newport, Ruabon, that's in Wales, so ... 11 clothing routine put in for medical reasons. That was -- 12 Q Have you read this document as part of your 12 They're two entirely different plants. They have two 13 duties as medical director for Monsanto Company? 13 entirely different unions. They have two entirely 14 A 1 don't know if 1 ever saw it. 1 may or 1 may 14 different set of fringes, and this is what they considered 15 not. 1 don't happen. 1 didn't get a copy of it. 15 a fringe. It was any number, probably 70 percent of the 16 Q Would you turn to page 49, please? 16 workers. 1 think by the time 1 left 100 percent of the 17 A 1 have. 17 workers got clothing changes. 18 Q In paragraph three under Roman numeral nine, 18 Q Where? 19 "Hazards", subheading "Toxicity", states: "From the start 19 A With may very well have been at both. 20 of Aroclor manufacture at the Krummrich plant, the 20 Q Did they get changes at Bloomington,Indiana? 21 operators have been supplied a clean change of clothes 21 A 1 haven't the slightest idea. 22 every day, and time has been allowed at the end of the 22 Q Did you ever warn that they should have a 23 shift for bathing. Operators are advised to wash hands and 23 change of clothes at Bloomington, Indiana? 24 face before eating. In Anniston operators do not have the 24 A No, sir, because 1 did not know -- First of 25 same issue of clean clothes." My question to you is: Why 25 all, 1 did not think it was my business. Secondly, if they Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 73 - 76 LEXOLDMON006960 Page 77 Page 79 1 followed the directions, they didn't need to get a change 1 has a caption and is the commencement of a separate 2 of clothes. 2 article. 1 cannot explain the captions. We got this from 3 Q Would you turn to page 50? 3 your company. We got this from Monsanto. 4 A Yes, sir. 4 MR. CARNEY: Well, you got this document as 5 Q Are you familiar with that document? 5 well as lots of documents from Monsanto and, you know, 1 6 A I've seen it. 1 don't know when 1 saw it. 6 haven't committed to memory all of them, and unless we can 7 Q Do you know the gentlemen on the upper 7 get the witness to identify that he's familiar with this 8 right-hand corner, Hamer, Ritchie, Newman, Kulifay, Weddell 8 document, 1 don't know much more that we can do with it. 9 and Marshall? 9 Q (By Mr. McCrea) Dr. Kelly, 1 think we have 10 A 1 know Newman. He was our physician at our 10 two minutes here remaining before the break. Will you 11 London plant. 11 please turn to page 51? 12 Q Do you know any of the other gentlemen? 12 A Yes, 1 have. 13 A The last two names, Wedell and Marshall ring a 13 Q And at the top of the page below the line 14 bell, but 1 don't know what they were doing in 1951 or 1 14 cross the top there's a reference to "The Chemist Analyst, 15 don't really know what their connection was. 15 Volume 36, Number 2, Page 33, J. T. Baker Chemical Company, 16 Q Would you turn -- did you read -- Have you 16 Phillipsburg, New Jersey, September 1947." Then below 17 read this before? 17 that, "On the Toxicity of Arochlors", and then below that, 18 A 1 must have. 1 don't know when. 18 "Robert M. Brown, Chief Industrial Hygiene Section, 19 Q Would you turn to page 51? 19 Division of Health, Department of Public Welfare, City of 20 A Yes, sir. 20 St. Louis, Missouri." Do you recall if when you were 21 Q And do you identify this document? 21 medical director for Monsanto, if you read this sheet of 22 A Well, this is part of the same document, it 22 paper that is in front of you now? 23 appears to me. 23 A 1 don't recall ever having read it. 24 Q Yes, sir. And the top the caption is Roman 24 Q Do you know Robert M. Brown? 25 numeral 11 - "Hazards, continued"; correct? 25 A 1 knew he worked someplace in the industrial Page 78 Page 80 1 A Yes. 1 hygiene section of the city. 1 would not recognize him as 2 Q Have you read this document while working for 2 on authority on toxicity. 1 thought he was doing 3 Monsanto Company? 3 industrial hygiene work. 4 A Well, 1 really don't know. Hazards, 4 Q All right, sir. Will you read the second 5 continued. Where do you the hazards start? Where's number 5 paragraph? 6 ten? Oh, there's 11 there. 1 mean, Mr. McCrea, we start 6 A Yes, sir. Now, Mr. McCrea, I'll be happy to 7 off with page number 46. 7 read this, but just picking out this, first of all, when he 8 Q Where do you see that? 8 is talking about a melting point bath liquid, he is talking 9 A On page 46. Well, let's go back to 46 in this 9 about putting a beaker or a container of open material. 10 thing, "Process for the Production of Aroclors, Pyranols, 10 MR. McCREA: We need to break. 11 Etc." 11 (Thereupon, a short recess was taken.) 12 Q All right, sir. 12 Q (By Mr. McCrea) Dr. Kelly, again we left off 13 A Okay. We go 46. We've got the process on 47. 13 and you were describing the document on page 51. 14 On 48 we've got the process. Then we jump up to 11 14 A Yes, sir. 15 hazards. 1 presume it's all in the same document. 15 Q Do you recall where we were? 16 Q Correct. 16 A Yes, 1 think so. 17 A 1 presume. 17 Q Would you please continue with that answer? 18 MR. CARNEY: Well, again 1 would -- Since 18 A Yes. 1 forget what the question was. 19 you've indicated that you don't know whether you saw this 19 Q To tell you the truth, 1 forget the question 20 or not why you worked at Monsanto, are you representing 20 and forget what you were saying. 1 was hoping you would 21 this is a complete self-contained document, Mr. McCrea? 21 remember. 22 MR. McCREA: No, I'm not. 22 A Maybe the court reporter could -- 23 MR. CARNEY: Okay. 1 don't think it is. 23 MR. McCREA: That would be helpful. 24 MR. McCREA: 1 cannot make that 24 (Thereupon, the reporter propounded the previous 25 representation. It appears that the document at page 51 25 answer.) Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 77 - 80 LEXOLDMONOQ6961 Page 81 Page 83 1 A Yes. In other words, this is an analytical 1 A Well, 1 don't believe 1 can quantify that 2 laboratory that they're talking about. They were you using 2 because it depends on whether you inhale the material at 3 sulfuric acid which is battery acid and they were heating 3 five minutes, ten minutes, half hour. It depends on 4 that up as the heat transfer unit. Of course, from 4 whether it's done according to one milligram per cubic 5 sulfuric acid you get off S02 and you get off some pretty 5 meter, you go five milligrams, ten milligrams, hundred 6 bad stuff. So they were going to use Aroclor. 6 milligrams. Certainly a hundred milligrams would be unsafe 7 So Mr. Brown says whether you are subjected to a 7 for eight hours. Whether it would be unsafe for five 8 possible acute exposure depends on the size of the melting 8 minutes, 1 wouldn't believe so. 9 pot bath. That's how big it is, what the surface area is 9 Q Dr. Kelly, when the author of this article, 10 and caution with which it's used and the temperature which 10 and 1 assume he wrote it, states in paragraph three, the 11 is heated. 1 agree with all those things. With careless 11 last sentence," Scrupulous cleanliness must be insisted 12 handling of the material and the resulting contamination of 12 upon wherever this material is handled," do you agree with 13 the skin etc., etc., the way is left open for the 13 that? 14 producing of dermatitis. 14 A No, 1 don't. 1 don't know what he means by 15 Well, then he says, "Scrupulous cleanliness must be 15 scrupulous. In the first place, this is not an article. 16 insisted upon wherever this material is handled." 1 16 This is very probably a letter to the editor of the, of 17 believe that Mr. Brown is a little overconservative on 17 the, of this particular journal because he's quoting the 18 that. We're not really dealing with a radioactive 18 article and he is - As 1 said, it all depends on what he 19 material. 19 means by scrupulous cleanliness. 20 Now, to get back to -- I'm sorry. 1 should have 20 1 think if it's handle like any industry chemical 21 read the second paragraph. That's what you wanted me to 21 and you clean up the spills and you don't get it on 22 read, wasn't it? 22 yourself and you don't breathe it at elevated temperatures, 23 Q Yes, beginning, "There is a need." 23 1 think if this, when he talks about the material being 24 A "Therefore, to give warning. For the toxicity 24 contamination of the work table surfaces, it doesn't 25 of these compounds has been repeatedly demonstrated, both 25 volatilize at room temperatures, so that's not the problem. Page 82 Page 84 1 from the standpoint of absorption from the inspired air as 1 The problem is if you contaminate your skin and clothing or 2 well as from their effects in producing a serious and 2 if you breathe the material at elevated temperatures. 3 disfiguring dermatitis when allowed to remain in contact 3 Q Would you agree that there should be 4 with the skin." That, of course, is an oversimplification. 4 scrupulous cleanliness with respect to the skin? 5 That isn't what he says. 5 MR. CARNEY: Well, you've just asked the 6 It says, "Since these effects have been repeatedly 6 question, so you've repeated yourself and you're, you know, 7 observed, industrial hygienists have taken care to see that 7 you're talking about -- You've got a question that has 8 the proper controls have been established wherever these 8 undefined terms. 9 product are used. For example, the maximum allowable 9 Q (By Mr. McCrea) When he talks about 10 concentration of chlorinated diphenyl for an eight-hour 10 scrupulous cleanliness, do you interpret that as referring 11 working day is one milligram per cubic meter of air." 11 to the workplace or to the skin of the worker? 12 There's nothing new in all that. 12 MR. CARNEY: Well, let me object here. You're 13 Q All right. Would you agree that that would 13 asking Dr. Kelly to speculate inside the mind of someone as 14 constitute safe practice, what had been stated in paragraph 14 to what he means. 15 two, as far as it goes? 15 MR. McCREA: I'm asking him for his 16 A Well, he says -- 1 don't see the practice that 16 interpretation and if he doesn't - 17 he says. 17 A 1 find it hard to interpret what he means. As 18 Q Eight-hour working day is one milligram per 18 1 said, he talked about contamination of work table 19 cubic meter of air? 19 services, etc. Does he mean by that that should be 20 A Well, that's a safe practice, yes. 20 scrupulously clean, surgically clean like we're dealing 21 Q Would a deviation from that be unsafe? 21 with a radioactive material? 1 don't believe it's anything 22 A It depends on how much a deviant and how long 22 like that. 23 you've deviated from it. 23 "Scrupulous cleanliness is insisted upon wherever 24 Q Describe for us what would be unsafe based on 24 the material is handled." Does that mean if you get 25 how much you deviate and how long you deviate. 25 something on the skin you should immediately wash it off? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 81 - 84 L EXO L D M O N006962 Page 85 Page 87 1 It isn't that toxic. No, you don't have to wash it off 1 A No, sir, it was not unsafe because we never 2 right away. So 1 don't know what he means by scrupulous, 2 had any problems with any illness at Anniston in the PCB 3 and 1 don't believe he's an authority on it in the first 3 department that could be attributed to PCBs. 4 place. Just because this man wrote it, that doesn't make 4 Q Would you consider it an unsafe practice not 5 him an authority. 5 to have emergency showers? 6 Q (By Mr. McCrea) Can you you go to page 52? 6 A Yes. 1 think emergency -- 1 would consider it 7 A Yes, sir. 7 unsafe. 1 think emergency showers should be in all 8 Q Do you see the caption, "Health and Safety"? 8 chemical plants. 9 A Yes, sir. 9 Q Would you consider it unsafe practice for 10 Q And under "Health and Safety" are there 10 workers to eat food in the area of PCB manufacture? 11 paragraphs with quotations? 11 A Well, we considered it inadvisable. Whether 12 A Yes, sir. 12 it was safe or not, 1 can't answer that because, first of 13 Q Do those paragraphs relate to Monsanto 13 all, if there was enough material on the individual's hands 14 material? 14 and they were getting it, it was getting on the food, that 15 A They relate to what Mr. Pennington of Newport 15 was unsafe. If there was enough material in the air so 16 reported in his America tour. He went to Anniston, so it 16 that when they're sitting down for a half hour lunch break, 17 refers to Anniston, yes, sir, and it refers to Plant B 17 they were inhaling material above the maximum allowable 18 which is the Krummrich plant or the Sauget plant or the 18 concentration, that was unsafe. 19 East St. Louis plant depending on what year you're talking 19 Q Would you consider it unsafe not to provide an 20 about. 20 annual medical examination for workers exposed to PCBs? 21 Q Are paragraphs one, two, three, four, five and 21 A It depends again on the exposure. It depends on 22 six descriptive of the conditions at the Anniston Monsanto 22 the history of the plant. If the people had problems in 23 plant and the East St. Louis plant? 23 the PC department, PCB department, they should be examined 24 MR. CARNEY: On December 29th, 1950? 24 at intervals. Whether a year or longer is - 25 MR. McCREA: On December 29, 1950. 25 Q What was the average duration that a worker Page 86 Page 88 1 A Well, starting right off, 1 don't believe we 1 was employed in the PCB department at East St. Louis, 2 had tins of cold cream around, ointment around there. We, 2 Illinois? 3 as our general policy, we were against using protective 3 A Oh, 1 can't answer that. 4 ointments. We rather would prevent the material from 4 Q How many years do you think was the average 5 getting on the skin by other means rather than try out 5 for a person to work in the PCB department? 1 believe it's 6 protective ointment which never works. 6 number 246 at East St. Louis, Illinois? 7 1 agree when he said that operators were 7 A My guess would be pure speculation, would be 8 sufficiently trained in the need for personal cleanliness. 8 around five years. Don't hold me to that. 1 don't know. 9 1 think, yes, it represent the procedures at Monsanto and 9 Q Would you consider it an unsafe practice not 10 East St. Louis and Anniston. 1 think the word toxic 10 to give employees an annual lung x-ray or -- excuse me -- a 11 department has a connotation that really means something 11 lung x-ray every three years as stated in the last 12 different to everyone else. At East St. Louis -- At the 12 paragraph? 13 East St. Louis plant they called everything toxic so they 13 A Would 1 consider it un -- 14 could get under the umbrella of the daily showers and the 14 Q An unsafe work practice to not give employees 15 15 minutes off and the change of clothes. 15 exposed to PCBs a lung x-ray every three years? 16 Q Were the men expected to take a bath in their 16 A No, 1 do not consider that unsafe because 1 17 own time at the end of the shift in Anniston, Alabama? 17 think exposure to PCBs does not cause any problems with the 18 A 1 can't answer that. 18 lungs. 19 Q That statement is attributed to the plant at 19 Q Then why -- This article states that Monsanto 20 Anniston, is it not? 20 gave its employees a lung x-ray every three years. 21 A Yes, that's true. 1 suppose they were 21 A We gave it to all the people. 22 expected to. 22 Q Why did you give it to all the people? 23 Q Would you consider it unsafe if they did not? 23 A Because when you examine a person, you are 24 A At Anniston? 24 looking for not only occupational conditions, but 25 Q Yes, sir. 25 non-occupational conditions. You also have people who Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 85 - 88 LEXOLDMONOQ6963 Page 89 Page 91 1 rotate through various departments, so it was a policy that 1 which states, "The vapors of hot Aroclors are distinctly 2 we gave x-rays where we had an x-ray machine at one, two or 2 irritating to eyes and nose above a concentration of three 3 three years depending on the age of the person. You're 3 milligrams per cbm in air"? 4 looking for the size of his heart. You're looking to see 4 A 1 don't really know what cbm is. 1 mean, 5 whether he has emphysema. You're looking for a lot of 5 that's an English term that 1 don't know, but there's no 6 things rather than if your looking for any changes in 6 question what vapors are irritating to the eye and nose 7 PCBs or sulfuric acid or whatever the man worked with. 7 above, certainly above .5 milligrams. 8 Q Your testimony here today is that the lung 8 Q Did you ever warn that if workers experience 9 x-ray given to the workers every three years was unrelated 9 irritation to their eyes, they are exposing themselves to 10 to potential consequences from the exposure to PCB. 10 excessive levels of PCB? 11 A That's correct. 11 A No, but 1 don't believe if the people, the 12 Q Will you turn, please, to page 53 and address 12 workers have irritation of their eyes and nose they will 13 paragraph three which begins, "Mr. Ellenburg"? Do you know 13 stay around in the atmosphere. They'll get out. 14 Mr. Ellenburg? 14 Q But you did not so warn? 15 A Yes. 1 thought he was an analytical chemist. 15 A Well, 1 can't say that 1 did or didn't, but 1 16 I'm not- 16 think that I'd give the workers credit for common sense. 17 Q Do you know H. B. Richard, Jr. of Monsanto 17 If working in an irritating atmosphere, they get out or 18 Chemical Company? 18 correct what's happening. This will occur usually in leaks 19 A We had a Dr. Richard, Ph.D. Richard who was in 19 or something like that. 20 the research department of MCC. 1 don't know if that's the 20 Q Did you ever warn the workers that they could 21 same man or not. 21 become poisoned if they experienced irritation to their 22 Q Are you familiar with the results of the safe 22 eyes in that that could be an indication of PCB levels 23 limits of Aroclor vapor concentration in air which said 23 above the safe level? 24 test was carried by Kettering Laboratories in 24 A Well, there again you are being too 25 Cincinnati? 25 simplistic. Here they are exposed to this for one, two, Page 90 Page 92 1 A Yes, that's been gone on repeatedly here. 1 three, four minutes as a leak, so out comes this hot air 2 That's the Treon work. 2 PCB, and their eyes and nose are irritated. They're not 3 Q All right. And what were the safe levels for 3 going to get poisoned from that exposure. They'll get 4 PCB? 4 irritation of their eyes and nose. They stop the leak and 5 A Well, he came out with some, but 1 think it 5 everything is fine. So no, 1 didn't warn them. 6 was finally established that .5 or 1242 milligrams per 6 Q Will you turn to page 54? 1 will address your 7 cubic meter -- 1 mean, .5 for 54, 1254 and one milligram 7 attention to the heading "Safety Equipment" which is 8 per cubic meter for 42. 8 approximately in the middle of the page. Is that an 9 Q Can you explain to a jury how much that is? 9 accurate statement as to the operations of the East St. 10 A Well, cubic meter of air is sort of pretty 10 Louis Monsanto plant called Krummrich? 11 close to a yard by a yard by a yard. 1 mean, a yard is 36 11 MR. CARNEY: Which paragraph are you -- 12 inches. A meter is 39 inches. 1 cubic is this way. 12 MR. McCREA: Linder "Safety Equipment." 13 That's cubic meter of air, and a milligram is - let's see 13 MR. CARNEY: Okay. 14 - it's a thousandth of a gram. It's a pretty small 14 A 1 can't answer that because the safety 15 amount. 15 equipment comes under the responsibility of the safety 16 Q How would you describe that to the jury so 16 department, and 1 can't answer of my own knowledge whether 17 that they could have some frame of reference? 17 these things really were there or not. 18 A Well, 1 think it's hard to explain that to the 18 Q (By Mr. McCrea) Will you consider a deviation 19 jury. A milligram is - I'd have to transpose milligrams 19 from that practice as stated on page 54 under the heading 20 to a gram. That's a thousandth of a gram and there are 20 "Safety Equipment" an unsafe practice? 21 four grams in a teaspoonful. So you vaporize 1/4,000 of a 21 MR. CARNEY: Objection to the form. 22 teaspoonful and have it present in a small area. That's 22 A Unsafe practice where, the Krummrich plant? 23 one milligram per cubic meter. 23 Q (By Mr. McCrea) Yes, sir. 24 Q All right, sir. Do you agree with the 24 A Well, suppose a pair, spare suit of clothes 25 statement in the second to the last paragraph on page 53 25 was in the locker room. That would be unsafe to have it in Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 89 - 92 L EXO L D M O N006964 Page 93 Page 95 1 the locker room rather than encased in an apartment. The 1 as to what level we'd say, "Put the respirator on." 2 first aid cabinets, we were doing our best to get rid of 2 Q (By Mr. McCrea) Did you ever warn the workers 3 first aid cabinets because the only thing you need for 3 at the Krummrich plant that if they experienced nose and 4 first aid is lots of water and a shower at the chemical 4 throat irritation, they could also be absorbing that 5 plants. So 1 think having, not having a first aid cabinet, 5 chemical into their body in that it permeates the nasal 6 that is not unsafe. Gas mask you certainly wanted. Fire 6 membranes and the lungs? 7 extinguisher you certainly wanted. Stretcher in the 7 A No, sir, 1 did not because that would be a 8 department? 1 don't know if that was important. 1 don't 8 very unusual -- The situation of irritation of the nose and 9 think we had stretchers in all our departments, so 1 9 eyes and throat would be very unusual. It would be 10 wouldn't consider it unsafe if we didn't have a stretcher 10 temporary, would not be considered standard operating 11 in the department. 11 procedure and would not be repeated. 12 Q Would you consider it unsafe not to have a 12 Q Did you ever warn the companies to which you 13 fume respirator. 13 sold PCBs that irritation of the nose could also lead to 14 MR. CARNEY: Objection to the form. You 14 systemic poisoning? 15 talking about in Krummrich? 15 A We warned the people that they should avoid 16 A In the Krummrich? 16 breathing the fumes at elevated temperatures. We did not 17 Q (By Mr. McCrea) At Krummrich. 17 warn them specifically about irritation of the nose and 18 A Oh, yes, because there they're working with 18 throat saying that could lead to systemic intoxication, but 19 chlorine. Remember your chlorinated diphenyl, and if you 19 if they avoided breathing the fumes, if they followed our 20 get a leak from chlorine, you need a fume respirator. 20 directions, they wouldn't get irritation of the nose and 21 Q Would you consider it an unsafe practice not 21 throat and they wouldn't get systemic adverse effects. 22 to have a fume respirator for exposure to ambient levels of 22 Q Would you turn to page 55? 23 PCB under certain conditions? 23 A Yes, sir. 24 MR. CARNEY: Objection to the form. 24 Q 1 direct your attention to the third paragraph 25 A How high it the ambient level? 25 beginning with the words, "Mr. Benignus." Did 1 pronounce Page 94 Page 96 1 Q (By Mr. McCrea) Three parts, three milligrams 1 that correctly? 2 per cubic meter. 2 A Benignus, yes, sir. 3 A You mean we've got a leak and there it is? 3 Q Benignus. The sentence states, "Mr. Benignus 4 Q Right. 4 of St. Louis, September 1953, discussed the dangers of 5 A Still talking about the criminalplant. 5 using Aroclor in indoor paints." Do you recall what the 6 Q Yes, sir. 6 dangers were that he discussed in September 1953 with 7 A If we had aleak in three parts per, of three 7 regard to Aroclor in indoor paints? 8 milligrams per cubic meter, we would not consider that 8 A No, sir, 1 do not. 1 do not, but first of 9 unsafe for the time that it would take the workers to fix 9 all, 1 don't believe there was a very large amount of 10 up the leak. 10 Aroclors used in indoor paints, but if it were used and you 11 Q At what level would you require workers to 11 were using it on a closet or in a confined space, you would 12 wear a fume respirator or under what conditions? 12 be breathing the fumes. That may be elevated temperatures, 13 MR. CARNEY: Again at Krummrich? 13 it may be hot in this closet, but 1 don't know. 14 MR. McCREA: At Krummrich. 14 1 do not -- To answer your question, 1 do not know 15 MR. CARNEY: Which again for the jury's 15 what the dangers of using Aroclors in indoor paints was. 1 16 benefit is East St. Louis. 16 have seen no reports in the company literature about or 17 MR. McCREA: Correct. 17 even talking to anybody about whether there had been any 18 A Well, in the first place, remember we've put 18 danger of using Aroclors in indoor paints. 19 this fume respirator in there for the chlorine. That was a 19 Q Did Mr. Benignus ever discuss with you the 20 serious thing. And to answer your question of what level, 20 dangers he felt existed with using PCBs in indoor paints? 21 if we had a big spill of hot PCBs, 1 believe that we would 21 A No, sir. 22 use the respirator and the goggles to avoid nose and throat 22 Q Did you ever discuss with him the danger you 23 irritation, and we would get the people out of there until 23 felt existed in using PCBs in indoor paints? 24 the condition were corrected, and we would go in there with 24 A No, sir, 1 don't ever remember having even 25 a gas mask or an airline helmet. 1 can't give you figures 25 heard that there was a danger of using Aroclors in indoor Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 93 - 96 LEXOLDMONOQ6965 Page 97 Page 99 1 paints. 1 percent chlorine. 2 Q Will you turn to page 57? 2 Q In the next line which is line ten there's 3 A Yes, sir. 3 1268. What is 1268? 4 Q Can you identify the document which appears at 4 A Chlorinated diphenyl chlorinated to 68 percent 5 page 57? 5 chlorine. 6 A I'll have to identify it by using page 58, 6 Q So in that paragraph you're making reference 7 also. 7 to 1242, 1254 and 1268. Is that correct? 8 Q All right, sir. 8 A That's correct. 9 A It's a letter from me to Dr. Barrett in London 9 Q You make reference to any compounds which 10 who was a Ph.D. in London with a -- dated September 20th, 10 include benzene in that paragraph? 11 1955 on a previous memorandum of his which 1 don't have. 11 A 1 don't know what you mean by including 12 There's a copy to Dr. Hardy, a chemist, and Dr. Newman, our 12 benzene. There are benzene rings in there that are joined 13 physician in London. 13 together and chlorinated, but that doesn't mean -- The 14 Q Did you author this document? 14 answer is no, 1 do not make reference to benzene in 15 A 1 dictated it, yes. 15 that. 16 Q Did you do the research to prepare the 16 Q Are all the references in paragraph two to 17 information incorporated in this document? 17 PCB? 18 A 1 don't know what you mean by research. You 18 A Yes. 19 mean to say did 1 -- 19 Q Are there any references in this letter to 20 Q Did you rely on others rather than information 20 anything other than PCB? If so, where are those 21 which you independently developed to write this letter? 21 references? 22 A Well, then again which 1 independently 22 A No, there aren't. 23 developed, you mean did 1 do the laboratory work or did 1 23 Q So when we have Aroclor described at the top, 24 go and look at the Treon work, talk to the Kettering 24 we're talking about PCB? 25 people? Certainly 1 did that. 1 didn't ask anybody at 25 A That's correct. Page 98 Page 100 1 Monsanto for advice in dictating this. This was my own 1 Q Do you agree with the sentence, the second 2 knowledge. 2 sentence of paragraph two as you testify here today? "This 3 Q At the top of the letter in capital letters 3 is not particularly surprising because in earlier work it 4 are the words "Aroclor Toxicity." What is Aroclor? 4 was found that toxicity increased with chlorination." 5 A Aroclor is a generic name of Monsanto products 5 A That's correct. 6 for both chlorinated diphenyl, chlorinated diphenyl 6 Q Do you agree with the sentence, fourth 7 benzene, chlorinated terphenyl. 7 sentence in paragraph two? "Frankly, there was not too 8 Q What is toxicity? 8 great a difference between the two compounds, however." 9 A Toxicity is the ability of a material to 9 A That's correct. 10 produce unwanted effects on the animal organism or on 10 Q What do you mean by that, not too great a 11 plants or on fish or on birds. 11 difference? 12 Q Will you refer to paragraph one? "Howard 12 A Well, 1 take it that it wasn't a great 13 Nason has given me your memo of September 8." You do nol 13 difference. There wasn't a quantitative difference of a 14 recall the content of that memo as you testify here today? 14 large amount. 1 can't be any more descriptive than that. 15 A No, sir, 1 do not. 15 Q Are we talking about the manner in which they 16 Q Will you refer to paragraph two? What is 16 are ingested, the toxicity or what? What does differences 17 Aroclor 1254? 17 relate to? 18 A We've been over this one. That's chlorinated 18 A 1 would think in this context we're talking 19 diphenyl chlorinated to 54 percent. Aroclor 1242 is 19 concerning inhalation. 20 chlorinated diphenyl chlorinated to an average of 42 20 Q Next sentence you state, "As you know, the 21 percent. 21 maximum allowable concentrate is 0.1 ml per cubic meter in 22 Q Working on down in the paragraph there is a 22 the case of 1254 and as high as 10.0 mgm in the case of 23 reference ten lines down to 1268 -- Strike that. There's a 23 1268." What is the source of that information? 24 reference on line nine to 1254. What it 1254? 24 A 1 can't give you that information. 1 believe 25 A A chlorinated diphenyl chlorinated to 54 25 it may have been Treon's thinking. 1 do not know if they Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 97-100 L EXO L D M O N006966 Page 101 Page 103 1 had maximum allowable concentration. There's a 1 would certainly have the same opportunity to find out what 2 typographical error. It should be .1 milligrams of cubic 2 the level of MAC in England was just the same as we did 3 meter 1264 instead of milliliter. 1 don't know if they, if 3 with our plants in England. 4 these were ones that Treon was thinking about, but 1 can 4 Q In the next paragraph, paragraph three, you 5 tell you that it was a range established by the conference 5 state in your letter, "1 don't know how you would get any 6 of the Government Industrial Hygienists was .5 milligrams 6 particular advantage in doing more work." Are you telling 7 of 1254 and 1.0 milligrams of 1242. 1 don't know the year 7 Dr. Barrett that there doesn't need to be any additional 8 in which that was established. It was sometime after 8 work with respect to determining what? 9 Treon's work in 1954. 9 A Well, 1 don't know what work he was asking 10 Q Was does the term maximum allowable 10 for, but if he was asking for more work to determine safe 11 concentrate mean? 11 levels, we didn't need to do any more because he had those. 12 A That means that amount of material, the 12 We had done, had work done by the Kettering Laboratory that 13 recommended limit that the material should be in the air 13 was accepted by the government people, so we didn't need 14 for an eight-hour working day for a worker's lifetime. 14 anymore. 15 Q You state in paragraph two, second or the last 15 Q Then you state, "What is it that you want to 16 sentence, "In this country they don't use the MACs very 16 prove?" What do you mean by that? 17 routinely." Explain that to the jury. 17 A Exactly that. 1 don't know what he wanted to 18 A Well, they did not go out and calculate a 18 prove by whatever work he was talking about. 19 bunch of negative testing. In other words, if they tested 19 Q Was he referring to toxicity testing of 20 a department every six months and found it was under the 20 animals? 21 MAC, they didn't do it and they may have skipped a year or 21 A No, he was referring to -- Well, he may have 22 so. They just didn't do it routinely after-That's 1955 22 been. He may have been wanting to find out different 23 we're talking about. After the OSHA acts came in where it 23 levels of air levels that you would consider safe. 1 don't 24 was deemed important to do it routinely, then they did it. 24 really know what he wanted to prove on this because that's 25 In'55 they didn't do it routinely. 25 why 1 asked him. When 1 had the letter 1 didn't know what Page 102 Page 104 1 Q Then you state, "But certainly in England 1 1 he meant, so 1 can't answer it now without knowing what, 2 think it would be all right to consider 0.2 mgm/cubic meter 2 without even seeing the letter, but 1 had told him we've 3 as perfectly safe." Is that correct? 3 got the levels that are safe. What else do you want? 4 A 1 mean, are you reading it correct or is the 4 Q You state, "1 believe your work should be 5 statement correct? 5 directed towards finding out what the concentrations are of 6 Q Yes. Did 1 read it correctly? 6 Aroclor during the different operations, whether it is 7 A Yes, you read it correctly. 7 industrial or painting." Do you know of any data that was 8 Q What does the 0.2 milligrams per cubic meter 8 ever obtained by Monsanto at the Krummrich plant which was 9 apply to, what chemicals? 9 recorded to show the industrial levels at the plant? 10 A 1 don't know whether it applies, whether it 10 A Yes, sir. 1 know it has been done, but where 11 applied to 1254 or 1242. This is in English. If 1 had 11 those records are 13 years after we stopped making the 12 this previous letter I'd be able to tell you, but 1 thought 12 material, 35 years after this letter, 1 don't know. They 13 1 told him then that whether it was 1242, 1254, .2 13 were certainly recorded. I've seen the results. They were 14 milligrams per cubic meter is perfectly safe and it was 14 under the safe maximum allowable concentration. They 15 perfectly safe because when it came out with the Government 15 weren't done routinely. 16 Industrial Hygienists level, it was .5 for 54 and 1.0 for 16 Q Did you ever report to anyone the levels which 17 42. So this 0.2 it perfectly safe. 17 you found at Krummrich? 18 Q Did you ever communicate to Westinghouse the 18 A Sure. 1 reported them to the plant doctor. 1 19 same information that you communicated to Dr. Barrett, that 19 reported them to the plant manager. 20 you thought 0.2 milligrams per cubic meter would be 20 Q Did you ever report it to anyone else within 21 perfectly safe? 21 the Monsanto organization in writing? 22 A No, 1 never did because remember, this is an 22 A 1 may have and 1 may have not. 23 English plant, and presumably people over there were 23 Q But you acknowledge that the testing was done 24 talking about using .2 milligrams. 1 don't know if 24 on a random basis before the OSHA regulations? 25 Westinghouse had any English plants, but if they did, they 25 A Well, it was done in a sufficient number. 1 Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 101 - 104 LEXOLDMONOQ6967 Page 105 Page 107 1 satisfied myself that these workers had a safe working 1 for? 2 environment and it was true. They never had any problems. 2 A Monsanto Chemical Company. 3 Q Did you ever determine the levels of Aroclor 3 Q "We know Aroclors are toxic, but the actual 4 exposure during the process of painting? 4 limit has not been precisely defined." When you refer to 5 A Painting what? Anything? 5 Aroclor in that paragraph, are you referring to Aroclor 6 Q What do you mean when you state "or painting" 6 1242, 1254 and 1268 which you reference in paragraph two? 7 in paragraph three? 7 MR. CARNEY: I'm going to object here that 8 A 1 don't know because it all depends what he 8 again you're asking the witness to try to put himself and 9 asked about in his letter. 9 his mind back 35 years ago and you're acting like he did it 10 Q You state, Dr. Kelly, and you wrote this, "1 10 yesterday. If you can answer, Doctor. 11 believe your work should be directed towards finding out 11 A What is the question? I've lost the train of 12 what the concentrations are of Aroclor during the different 12 thought. 13 operations, whether it is industrial or painting." You 13 MR. McCREA: Could you read it back, please? 14 wrote that? 14 (Thereupon, the reporter propounded the pending 15 A Certainly, 1 wrote it. 15 question.) 16 Q What did you mean? 16 A Yes. 17 MR. CARNEY: Just for the record, he wrote it 17 Q (By Mr. McCrea) Doctor, whatever the debates 18 35 years ago. You'll agree to that, and you're acting like 18 over reports of human health effects in earlier animal 19 you're outraged that he can't remember what one word meant 19 studies, by 1955 it was common knowledge among medical 20 when he wrote it 35 years ago. 1 think he's doing a pretty 20 scientists at Monsanto that PCBs were systemically toxic, 21 darn good job of remembering what he did, but 1 can't fault 21 was it not? 22 him if he can't remember every 1 and T. 22 MR. CARNEY: Let me object to, 1 think the 23 Q (By Mr. McCrea) Doctor, you've reviewed this 23 questions contains undefined terms as to what you mean by 24 document many times since you've wrote it, haven't you, in 24 systemically toxic and what you mean by toxic. 25 other depositions? 25 MR. McCREA: Would you reread the question? Page 106 Page 108 1 A Not many times. 1 (Thereupon, the reporter propounded the pending 2 Q You've been questioned about this document by 2 question.) 3 other attorneys? 3 A Well, the answer to that is yes, but that is, 4 A 1 don't believe 1 have. 4 this is not unique in industrial chemicals. All industrial 5 Q You don't? 5 chemicals have a certain amount of toxicity. It varies 6 A 1 may or 1 may not. It hasn't been too 6 from very little to quite toxic. We consider this in the 7 prominent. Maybe 1 have. 1 don't know. I've been 7 lower range. 8 questioned about a lot of things by a lot of attorneys. 8 Q (By Mr. McCrea) Did you say that in your 9 This may be one of the them. 1 don't know. 9 letter? 10 Q Doctor, do you know today what you meant when 10 A Not in this letter, but I've said it in many 11 you referred to the word painting? 11 letters. 12 A 1 do not, Mr. McCrea, but you'll have to 12 Q And on the date, September 20, 1955, you knew 13 remember that Dr. Barrett was a research man or a 13 that the actual limit for toxic systemic effects caused by 14 development man in our English operation. He wrote me a 14 PCB had not been precisely defined? 15 letter. He may have described to me what he meant by what 15 A Yes, sir, we had, we had defined a safe level, 16 the painting or the industrial use he was referring to, so 16 but we hadn't defined what will make you sick, but 1 think 17 1 wrote him back and said, "1 think the thing to do is to 17 the answer is you want to define a safe limit. You don't 18 find out what exposure you've got in these particular 18 want to define a toxic limit. That's what 1 said. 19 operations." So 1 don't know, to answer your question, 19 Q The next sentence says, "It does not make too 20 what was meant by that statement. 20 much difference, it seems to me, because our main worry is 21 Q You make reference in paragraph three to 21 what will happen if an individual gives any type of liver 22 Kettering laboratory reports which cost 15 to $20,000. 22 disease and gives a history of Aroclor exposure." Doctor, 23 A Yes, sir. 23 what do you mean by any type of liver disease? 24 Q In paragraph four you state, "MCC's position 24 MR. CARNEY: Well, you did misread a word. 1 25 can be summarized in this fashion." What does MCC stand 25 don't think it was intentional. You used the word gives Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 105 - 108 LEXOLDMONOQ6968 Page 109 Page 111 1 instead of develops. 1 work in and get sick. We know the exact limit you can work 2 Q (By Mr. McCrea) What do you mean by any type 2 in and be safe. There's a big difference between those 3 of liver disease in sentence two of paragraph four of your 3 two. 4 letter dated September 20, 1955 at page 57? 4 Q Did you inform Westinghouse of that 5 A 1 meant by that liver disease that can occur 5 information? 6 in the ordinary run of people who are not exposed to PCB at 6 A Of what information? 7 all. 1 mean by that infectious hepatitis, serum hepatitis, 7 Q The level in which workers would be safe. 8 cirrhosis of the liver, alcoholic hepatitis. That's what 1 8 A It was in the medical literature. 9 mean by any type of liver disease. 9 Q Did you inform Westinghouse? 10 Q Can PCBs contribute to hepatitis? Was it your 10 A 1 may have. 11 opinion on September 20, 1955 that PCBs could contribute to 11 Q Of the levels which workers could work in and 12 hepatitis? 12 be safe? 13 A They could cause a chemical hepatitis if there 13 A 1 may have, and we also have it in our 14 was a sufficient exposure, yes. 14 bulletins, so Westinghouse, I'm sure, got some of the 15 Q Could PCBs contribute to cirrhosis? 15 bulletins. If you mean 1 myself called, sent a letter to 16 A No, sir. 16 Westinghouse, 1 may or may have not, but 1 do know that 17 Q Could PCBs contribute to alcohol cirrhosis? 17 Mr. Wheeler wrote to their industrial hygienist and 18 A 1 don't know. 18 explained all that. 1 know that it was in our bulletins 19 Q Were there any other types of liver disease 19 that Westinghouse got, and 1 also know that Westinghouse 20 that would be included in your definition? 20 had a medical department that was as up-to-date on the 21 A We would include everything there except 21 medical literature as 1 was. 22 malignancies of the liver. 1 think that runs, we've got 22 Q You don't recall yourself ever communicating 23 infectious, we've got toxic, we've got hep -- Well, 1 guess 23 verbally or in writing with your author on the letter to 24 we could say hepatitis from drug needles, but that's a 24 Westinghouse as to what the safe levels were? 25 serum hepatitis. 1 think that takes care of most of the 25 A 1 do not recall. Page 110 Page 112 1 liver diseases. 1 Q You state, "It does not make too much 2 Q What about yellow atrophy of the liver? 2 difference, is seems to me, because our main worry is what 3 A Yellow atrophy of the liver is the end result 3 will happen if an individual develops any type of liver 4 of hepatitis, of continuing, fulminating hepatitis because 4 disease and gives a history of Aroclor exposure"? Is your 5 the vast majority of hepatitises get well. 5 concern there that because the levels are not defined and 6 Q Doctor, on September 20, 1955 when you wrote 6 you know that PCBs produce liver problems, that the 7 this letter to Dr. J. W. Barrett, did you feel that it was 7 connection would then be made if a person simply 8 a waste of money to do any other research to determine the 8 establishes exposure? 9 extent of harm Aroclor could cause to humans? 9 A Well, in the first place, 1 don't know what 10 A 1 didn't say that. 1 just talked to him about 10 you mean the levels were not defined. We had a safe level 11 whether there should be any work done on safe levels of the 11 determined. Now, if you want to rephrase that sentence 12 material in the air. 12 explaining what you mean by that or leaving it in or -- 13 Q As it affects health? 13 Q What do you mean by that sentence? 14 A Yes. 14 A Well, 1 don't know. 1 didn't say the 15 Q And did you feel it was a waste of money to do 15 sentence. Which sentence are away talking about, yours or 16 any more work on determining safe levels in the air as 16 this one? 17 those safe, as those levels would affect health? 17 Q Yours, sentence two in paragraph four? 18 A We have determined that already. That was a 18 A "We know the Aroclors are toxic. The actual 19 definite. It was proved. It was proven. We had excellent 19 limit has not been precisely defined." By that 1 said we 20 data on it. 20 do not know what level you have to work at to get sick. We 21 Q Is that consistent with your statement in 21 know what levels you have to work under to stay well. 22 paragraph four, "We know Aroclors are toxic, but the actual 22 Q The last sentence is, "1 am sure the juries 23 limit has not been precisely defined"? 23 would not pay a great deal of attention to MACs." To what 24 A Well, 1 explained that earlier, Mr. McCrea. 1 24 are you referring when you say juries? 25 said we don't know how much the exact limit is that you can 25 A Jury is a group of people at a trial. Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 109 - 112 LEXOLDMONOQ6969 Page 113 Page 115 1 Q Are you stating that if a person establishes 1 MR. CARNEY: Well, let me - Why don't we cut 2 two things, that he had exposure to PCBs at any level and a 2 at this point so we don't get in the middle of an answer. 3 history of liver disease, that the juries would rule that 3 We've got less than a minute. 4 the exposure caused the liver disease? 4 MR. McCREA: Break. 5 A No, sir, I'm not saying that at all. 5 (Thereupon, a short recess was taken). 6 Q What do you mean? 6 Q (By Mr. McCrea) Dr. Kelly, back on the 7 A Well, all I'm saying is if you talk to a jury 7 record. We're on page 58 of your September 20, 1955 letter 8 about .5 milligrams per cubic meter, 1.0 cubic meter, 1 8 to Dr. J. W. Barrett. In the first sentence of the first 9 think the jury will make their mind up on, by using good 9 paragraph you state, "We, therefore, review every new 10 common sense. Here is the evidence in the case, and make 10 Aroclor used from this point of view." To what does point 11 their decision there regardless of what the MACs may or may 11 of view refer? 12 not have been. 12 A Well, it refers to the next two sentences. In 13 Q What did you think juries would pay attention 13 other words, if 1 had a colon there instead of a period, 14 to if not the MACs? 14 the point of view is this: If it is an industrial 15 A I'm not a lawyer. 1 don't know. 15 application where we could get air concentrations and have 16 Q Why did you make that statement in the letter? 16 some reasonable expectations that the air concentrations 17 A Because 1 didn't believe they would pay much 17 will stay the same, we are much more liberal in the use of 18 attention to MACs. 1 think they would base their decision 18 Aroclor. 19 on the entire amount of evidence submitted by the 19 If, however, if it is distributed to householders 20 defendants and the plaintiffs, the medical records in the 20 where it can be used in almost any shape or form and we are 21 case. That's what 1 would think. That's why 1 made it. 1 21 never able to know how much of the concentration they are 22 see -- 1 mean, 1 believe I'm oversimplifying when 1 said my 22 exposed to, we are much more strict. That's the point of 23 main worry is what would happen if an individual developed 23 view. 24 liver disease. Our main worry was we wouldn't want a 24 Q Have you sold Aroclor PCB for use in 25 fellow to get any liver disease. 25 households? Page 114 Page 116 1 Q Were you not worried that a jury would rule 1 A No, sir, but this is England and 1 don't know 2 that if a person has exposure to liver disease, there would 2 what they were going to do over in England. 3 be a finding for that individual? 3 Q You say, "We are much more strict." To whom 4 A 1 may have in 1955, but 1 certainly didn't by 4 are you referring when you say we? 5 1974 because there was no such jury verdict in the 39 years 5 A Monsanto company. 6 since then. 6 Q Did you sell PCB to be used as a plasticizer 7 Q But this was, as you say, you may have felt 7 in silos? 8 that way in '55? 8 A Not as a plasticizer. We had sold it as a 9 A 1 may have. 9 paint for silos. 1 don't know if that was sold by Monsanto 10 Q On the next page which is page two you state, 10 or by the distributers, but Monsanto PCBs were used as a 11 "We, therefore, review every new Aroclor used from this 11 paint in silos. 12 point of view." Point of view refers to what? 12 Q Do you have any data on the air concentrations 13 MR. CARNEY: Let me just for the record, 1 13 to which individuals were exposed inside the silo where 14 think we have less than a minute to go and 1 don't want to 14 that was used as a plasticizer? 15 get cut off in the middle of an answer. 15 A No, sir. 16 A Yeah, but why don't we keep going a little bit so 16 Q And did you market it after 1955 to be used as 17 we don't have to wait when we get over there? It's only 17 a plasticizer in silos? 18 quarter after 12. We're going over to O'Connell's. 1 18 A Again it was used as an ingredient in the 19 think we need to keep going till quarter till one or 19 paint sometime, but 1 do not know when it was. 1 don't 20 something like that. 20 know if we actively marketed it or if it was marketed by a 21 MR. CARNEY: 1 agree, but this tape is about 21 distributor because it was used in a very few states, Ohio 22 to run out, and we'll decide on whether we break for lunch 22 and Michigan, 1 believe. It was not a widespread use 23 or go to another tape. 23 through the country. 24 Q (By Mr. McCrea) To what does point of view 24 Q Did you know after the 1955 and the date you 25 refer? 25 authored this letter that PCBs were used in a plasticizer Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 113 - 116 LEXOLDMON006970 Page 117 Page 119 1 formulation on the inside of silos? 1 would never know what the person was exposed to, so that 2A Youmean after 1955? 2 wouldn't enter into the discussion at all with the juries. 3 Q Yes, sir. 3 Q But if you did know the maximum allowable 4 A Yes, 1 did, certainly. 4 concentration, your opinion was a jury wouldn't pay 5 Q And did you also know that you had no data on 5 attention to it? 6 the concentration levels into those silos? 6 MR. CARNEY: You're talking about if there 7 A Yes, sir. 7 was, PCBs were sold to households for use in households? 8 Q And did you continue to market the product 8 MR. McCREA: No, in industrial or households. 9 notwithstanding the fact you had no data on the 9 MR. CARNEY: Yeah, but you're mixing apples 10 concentration levels into the silos? 10 and oranges. He's saying that he doesn't think any more 11 A They continued to be used, yes, sir. Now, 1 11 testing should be made with regard to selling and 12 don't know when you're saying marketing, 1 don't know if we 12 distributing PCB to householders, not the workplace. So 13 were actively marketing it, but it was used in silos. 13 you're trying to twist these words and confuse the jury 14 Q In the last sentence you state, "No amount of 14 here, Mr. McCrea. 1 don't know that -- 1 hope you're not 15 toxicity testing will obviate this last dilemma and 15 doing it intentionally, but you're certainly doing it, to 16 therefore, 1 do not believe any more testing would be 16 confuse householders with the workplace. 17 justified." Do you feel that it was a waste of money to 17 Q (By Mr. McCrea) Doctor- 18 investigate whether there was, whether there were any 18 MR. CARNEY: And there wasn't even any 19 health effects that could be determined by any future 19 testimony by Dr. Kelly that PCBs were marketed in the 20 testing? 20 United States to be used in the household. 21 A 1 think it's never a waste of money to find 21 Q (By Mr. McCrea) Well, come to that later. 22 out what the toxic properties of a compound are. 22 Dr. Kelly, you made the statement on page one, quote, "1 am 23 Q When you made that statement, "No amount of 23 sure the juries would not pay a great deal of attention to 24 toxicity testing will obviate this late dilemma and 24 maximum allowable concentrations" Were you referring to a 25 therefore, 1 do not believe any more testing would be 25 case where a person in industry would develop liver disease Page 118 Page 120 1 justified," did you believe it was a waste of money to do 1 with exposure to PCBs with a known maximum allowable 2 any further testing to determine what health effects were 2 concentration? 3 determined, were caused at what levels? 3 A 1 was not referring to any case at all because 4 A No, 1 did not believe it was a waste of money, 4 a case hadn't occurred. If that -- if 1 was referring to a 5 but 1 saw no reason for doing it because we could not get 5 hypothetical case, that's something else. 1 was certainly 6 the other parts of the equation. We would never know how 6 not referring to any actual case. 7 much the man was going to be exposed to in these, if it 7 MR. McCREA: Would the court reporter please 8 were distributed to householders and so -- 8 reread the question? 9 Q And if you did know, you felt the jury 9 (Thereupon, the reporter propounded the previous 10 wouldn't pay attention to it at any rate? 10 question.) 11 A No, 1 didn't say that at all. That's your 11 A My answer was, was 1 referring to a case. 12 words. 12 That's what you asked. There was no such case, so 1 13 Q You said, "1 am sure the juries would not pay 13 obviously wasn't referring to one, to any specific case. 14 a great deal of attention to MACs." 14 Now, if you are referring to a hypothetical case, let's 15 A That's correct, but that's not-- 15 phrase it that way to me. 16 Q Those were your words. 16 Q (By Mr. McCrea) When you stated on page one, 17 A Yes, but you want to repeat your words? 17 quote, "1 am sure the juries would not pay a great deal of 18 MR. McCREA: Please. 18 attention to MACs," maximum allowable concentrations, were 19 (Thereupon, the reporter propounded the previous 19 you referring to a potential situation where a worker 20 question.) 20 developed liver disease in an industrial setting with a 21 A What do you mean by pay attention to it? 21 known maximum allowable concentration? 22 Q (By Mr. McCrea) Maximum allowable 22 A Yes, would develop liver disease that could be 23 concentrations. 23 from any of the four or five conditions that 1 mentioned. 24 A Well, there certainly would be no maximum 24 Serum hepatitis, alcohol hepatitis, other compounds he 25 allowable concentrations developed in household use. We 25 was working with to give him a chemical hepatitis, Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 117-120 LEXOLDMONOQ6971 Page 121 Page 123 1 infectious hepatitis, liver tumors. Yes, 1 was referring 1 MR. McCREA: 1 would ask the Court to strike 2 to that. 2 the comments of Mr. Carney as being totally irrelevant to 3 Q And was it your opinion that the data already 3 the objection and furthermore, purposely interjecting 4 gathered by Monsanto was more than enough to convince 4 inflammatory comments to the jury which he knows have no 5 unbiased people on a jury of the connection between PCBs 5 relationship whatsoever to the question. Now, would you 6 and systemic damage without reference to maximum allowable 6 please read the question back? 7 concentrations? 7 MR. CARNEY: 1 would just caution you, Doctor, 8 MR. CARNEY: I'm going to object to that. 8 if you don't understand the question, just say so. 9 That question is so vague and convoluted and unintelligible 9 (Thereupon, the reporter propounded the pending 10 that 1 certainly don't understand what you're asking. 10 question.) 11 You're reading a question out of some letter that you got, 11 A 1 would have to say 1 don't know whether they 12 probably from your co-counsel 1 would suspect, and 1 would 12 would or not. I'm not an expert on howjuries decide 13 say it's the most unintelligible question I've heard in 13 cases. 14 this deposition, and that's saying something. 14 Q (By Mr. McCrea) In the sentence preceding 15 MR. McCREA: Would the court reporter please 15 that you refer to your main worry. You say, "It does not 16 reread the question? 16 make too much difference, it seems to me, because our main 17 (Thereupon, the reporter propounded the pending 17 worry is what will happen if an individual develops any 18 question.) 18 type of liver disease and gives a history of Aroclor 19 A Well, it's English, but 1 still have trouble 19 exposure." By worry, what do you refer to? 20 analyzing the question. 20 A 1 refer to that if you have a product that is 21 MR. CARNEY: It's a when did you stop beating 21 a, that is capable in some overexposures of causing a 22 your wife question, Doctor, is what it is. 22 particular condition and there are numerous other 23 A Well, as 1 said earlier, 1 believe a jury will 23 conditions entirely unrelated to occupation that cause the 24 take all the evidence into account. If there were levels 24 same conditions, there is always the possibility that jury 25 shown that were under the maximum allowable concentration, 25 may believe that this condition is due to his work Page 122 Page 124 1 that's fine, but I'm sure opposing counsel would say, 1 involvement rather than to a nonoccupational cause if he 2 "Well, you didn't take this every hour, every day that this 2 has the illness. If he doesn't have the illness, obviously 3 man worked, so conceivably he's worked at higher levels. 3 the jury will not believe it at all. 4 Isn't that true," and 1 would have to say yes. So 1 think 4 Q Dr. Kelly, when you say our, did other people 5 the jury takes into account what the evidence is of his 5 have the same worry as you stated in this letter at 6 exposure, of his medical condition and make their judgment 6 Monsanto Company on the date of September 20, 1955? 7 on that. 7 A 1 think everybody in industrial medicine has 8 Q (By Mr. McCrea) Are you stating in this 8 this worry with all sorts of compounds. That's why there's 9 letter that Monsanto could present definitive information 9 so many cases in litigation, because they may have no 10 as to the maximum allowable concentrations and if the 10 foundation, but there's a temporal relationship between 11 plaintiff had liver disease and could establish exposure, 11 work and the condition they have. 12 that the jury would not pay attention to Monsanto's proof 12 Q Did you continue to market PCBs for use in 13 of maximum allowable concentrations? 13 nonindustrial applications before you authored this letter? 14 MR. CARNEY: I'm going to object to that. 14 A You mean did 1 personally myself? 15 It's compound. It's more -- 1 couldn't believe it, but 1 15 Q Monsanto. 16 think this question is more unintelligible than the last 16 A Did Monsanto? 1 don't know. You're talking 17 one. The memo doesn't say those words. 1 don't see them 17 about Monsanto in England, Monsanto, U.S.A.? 18 in there at all. You're twisting and contorting and 18 Q U.S.A. 19 harassing this ones for four days. 1 think this is 19 A Well, 1 don't know if they marketed it in 20 unconscionable, and 1 think the jury will pay attention to 20 non-industrial applications before with the exception of 21 that conduct, not MACs. 1 think they're going to want to 21 paint, and 1 don't know whether that use was marketed by 22 know about the evidence and what you have, what proof you 22 Monsanto or was just developed, a paint company calling up 23 have that there's any connection between your plaintiffs 23 a distributor and buying the PCBs. 1 don't know, so the 24 health problems and PCBs, and so far you haven't touched on 24 answer is 1 don't know. 25 that at all. 25 Q After this date, did Monsanto continue to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 121-124 LEXOLDMONOQ6972 Page 125 Page 127 1 market PCBs for non-industrial uses despite the fact that 1 thought you might get some questions on this document," and 2 you knew and you and Monsanto knew no maximum allowable 2 1 was very correct. You've gotten - This stack of Exhibit 3 concentrations could be obtained? 3 Six is a one inch stack of documents and you're on page 58. 4 A Well, we do you - The answer is if we marketed 4 We've got 261 questions, so 1 assume 1 was correct. We've 5 it, if they were marketed, yes, but we knew the maximum 5 already had lots of questions on the first 58 pages. 6 allowable concentrations were obtained by heating the 6 Q (By Mr. McCrea) Dr. Kelly, how much time did 7 material, and we knew that paint is not put on when it's 7 you spend reviewing this document before your testimony 8 hot. So 1 don't believe there was any necessity for 8 here today? 9 looking for a maximum allowable concentration on paint. 9 A This one here. 10 The problem with paint has not been on the workers. It's 10 Q Yes, sir? 11 been on the stuff flaking off and getting into the silos, 11 A A minute. 12 the silage. 12 Q And you can't tell us what you meant when you 13 Q Have you ever tested for the maximum allowable 13 wrote, "We're are much more strict"? 14 concentrations of PCBs into a silo? 14 MR. CARNEY: He's always answered that, Mr. 15 A No, sir, 1 have not. 15 McCrea. Let me object. 1 am really getting irritated at 16 MR. CARNEY: For the record, 1 don't know how 16 you. I've been restraining myself, but we are now in your 17 many workers are inside of silos. 17 fifth day. 1 was not correct. We're in the fifth day. We 18 MR. McCREA: How about farmers, Mr. Carney? 18 started on the 31st of May. You started your cross. You 19 MR. CARNEY: That's what I'm saying. 1 don't 19 went through on June 1, on June 12, on June 13 and now June 20 know. 20 15, 1990, and it's after noon, so we're half a day here so, 21 MR. McCREA: Do they count? 21 and you're still, and you're asking these repetitive 22 MR. CARNEY: Everybody counts. 22 questions and that's why this deposition is being drug out 23 A 1 farmer doesn't climb into a silo. He 23 for some reason. 1 don't know, but, you know, at some 24 unloads the stuff on the bottom. The paint it put on when 24 point why don't you ask an intelligent question that isn't 25 the silo is empty. 25 repetitive so we can get through with this thing. 1 don't Page 126 Page 128 1 Q (By Mr. McCrea) What about the people that 1 know how many more days you're going to go, even though 2 put it on? Did you test for the maximum allowable 2 you've promised two and a half days ago that it would be 3 concentrations during that process? 3 one day only. 4 A When they put it on, it's at the ambient 4 MR. McCREA: What's your objection to the 5 temperature and the stuff does not volatilize at the 5 question? 6 temperatures that exist on a farm. 6 MR. CARNEY: Repetitive. 7 Q You state in the third sentence on page 58, 7 MR. McCREA: My objection, and 1 will note to 8 "If, however, it," meaning PCB, "is distributed to 8 the Court we don't have an answer. Dr. Kelly who is a 9 householders where it can be used in almost any shape and 9 medical director from 1936 to 1974 and authored this letter 10 form and we are never able to know how much of the 10 stated, "We are much more strict." 1 presume that he knew 11 concentration they are exposed to, we are much more 11 then what he meant. 1 presume that with his testimony in 12 strict." In what way were you much more strict? 12 all of these cases and his preparation for this deposition 13 A 1 don't know how we were there, but maybe we 13 that he could define for the jury what he meant. 14 didn't allow it in some uses. 1 don't know. 1 don't know 14 MR. CARNEY: And he's answered that he doesn't 15 what 1 meant by that in 1955. 15 recall, and I'm sorry, Mr. McCrea, but 1 don't fault this 16 Q Now, your attorney has stated that this was 16 man that he can't recall what he meant by a couple of words 17 written in 1955. Isn't it a fact that you've reviewed this 17 that we wrote 35 years ago. 1 dare say that you can't 18 document with your counsel before testifying here today? 18 recall what you were doing 35 years ago. 19 A 1 don't think so. He gave it to me, said, 19 MR. McCREA: Would you like to show me a 20 "Look this over," but 1 didn't review it with him. 20 letter and see if 1 recall what it means? 21 Q So you did look the document over before 21 MR. CARNEY: Mr. McCrea, you've got an answer 22 testifying? 22 to your question and you're now badgering this witness 23 A Well, I've seen it before. 23 who's been sitting here, very patiently 1 might add, and 24 MR. CARNEY: You gave it to -- You gave the 24 you're into the fifth day and you're asking him if, and he 25 documents to me and 1 handed them to him and said, "1 25 said he can't recall what he meant by a word 35 years ago. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 125 - 128 LEXOLDMONOQ6973 Page 129 Page 131 1 Q (By Mr. McCrea) Dr. Kelly, would there be any 1 Q What warnings did you give for its use as a 2 way for you to refresh your memory? 2 plasticizer? 3 A No, sir. 3 A We used the warnings do not use at an elevated 4 Q As to what you meant by that statement? 4 temperature, to not breathe the fumes at elevated 5 A No, sir. 5 temperatures, do not -- and avoid repeated or prolonged 6 Q And by dilemma, what areyoureferring? 6 skin contact. 7 A The dilemma is thematerial may be used in a 7 Q Did you discuss this letter with the attorney 8 situation where we don't know how it's being used. It's 8 from Monsanto? 9 not being used by a sophisticated organization like GE or 9 MR. CARNEY: You just asked that about five 10 Westinghouse. It's being used by a mom and pop shop 10 minutes ago. 11 someplace in England or it may be used in the household. 1 11 A In answer is no. 12 don't know. Remember, this man is a research man. He's 12 MR. CARNEY: 1 think the answer is the same 13 not a marketing man. He was talking about potential 13 this time as it was five or six minutes ago. 14 applications. 14 Q (By Mr. McCrea) The last sentence states 15 Q Recognizing that you did not know and had no 15 "Let's see what our discussions with Dr. Newman and 16 way of knowing what the concentrations were and knowing 16 yourself bring out." What information did you those 17 that PCBs were toxic as you admit, what warnings did you 17 discussions produce? 18 distribute to the household users? 18 A 1 don't recall what they were. They certainly 19 A 1 don't know if there were ever any household 19 weren't very earthshaking because it doesn't stand out in 20 users. That's what 1 said. There's a big if, "If, 20 my mind what it brought out. 1 don't know. 21 however, it's distributed to householders." 1 don't know 21 Q Dr. Kelly, you initially stated that Aroclor 22 if householders ever used it. 1 never saw it. 22 stood for products containing benzene and terphenyls? 23 Q Did you -- 23 A No, 1 did not. There's no benzene in 24 A On a grocery store shelf. 24 Aroclor. 25 Q You said, "We are much more strict." Does 25 Q All right. 1 misunderstood your answer. Page 130 Page 132 1 that suggest you did distribute it to householders? 1 Could you explain to us why you recommended in the last 2 A No, it does not. It might be that somebody 2 sentence, "1 do not believe any more testing would be 3 wrote up and said we're thinking about using this for X 3 justified"? 4 purpose. 4 MR. CARNEY: I'm going to object to that. 5 Q You state, "If, however, it is distributed to 5 We've been covering this sentence and this letter for well 6 householders where it can be used in almost any shape and 6 over an hour. It's getting very repetitive. 7 form and we are never able to know how much of the 7 A Well, yes, I'll say why 1 did it. We had 8 concentration they are exposed to, we are," present tense, 8 enough information from toxicity testing to show that we 9 "much more strict." 9 knew what the safe levels were and the worker could work 10 A Well, yes. Suppose somebody writes into me in 10 with eight hours a day for the rest of this life. 11 1955 and said, "We are going to use this on an over the 11 Q (By Mr. McCrea) And you knew that it would 12 shelf counter that you - We're going to use it to clean 12 not obviate the one dilemma where you don't know the 13 bath tubs with or something like that." We're going to 13 maximum allowable concentrations? 14 say, "We don't approve. We don't recommend that use at 14 A 1 don't know how it was used. If you give 15 all." 15 this out to -- Of it was going to be used in the household 16 Q You're saying that you had no evidence on the 16 which people might be smearing all over them, which people 17 date you authored this letter that any householder ever got 17 might have under the sink where the children could drink 18 your product with PCB in it? 18 it, there are a lot of reasons outside of the MACs that 1 19 A In the United States 1 know of no householder 19 would be concerned about. The household product is 20 that ever got a product of, certainly at this state, yes, 20 different than an industrial product. 21 sir. The answer is 1 don't know. 21 Q And you would warn as to those consequences? 22 Q But in the future you do know that it was 22 A 1 would warn -- 23 distributed at least for coatings in silos? 23 MR. CARNEY: If it was being sold as a 24 A That's correct. That's not quite the 24 household product so that the children might drink it? 25 household use. 25 A 1 would put on it in addition to do not Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 129 - 132 LEXOLDMONOQ6974 Page 133 Page 135 1 breathe at elevated temperatures or do not breathe in 1 Q In a letter to Westinghouse Electric 2 confined spaces, do not get an your skin, avoid 2 Corporation? 3 contaminated clothing. 1 would put on do not take 3 A Yes, sir. 4 internally, but 1 think in the industrial environment you 4 Q "In one case, an Aroclor was being used as a 5 really don't have to write that down because workers are 5 heat transfer medium in a system that allowed vapors to 6 not going to be drinking industrial chemicals. 6 escape when the material was heated to 600 degrees 7 Q (By Mr. McCrea) Would you warn that it's a 7 Fahrenheit." Is that correct? Is that F for Fahrenheit? 8 systemic poison? 8 A Yes, sir. 9 A 1 would tell them what they shouldn't do. If 9 Q Are you familiar with that case? 10 1 were selling gasoline 1 would say, "Don't have matches 10 A Yes. That's that case in Indiana that 1 11 around here." 1 wouldn't say, "Do not have matches around. 11 talked about several times during this deposition. 12 This is going to blow up thin your face." You don't have to 12 Q As you identify for us where in Indiana and 13 put the results down. You just tell themwhat not to do. 13 what company? 14 Q Would you explain to them that if it gets on 14 A No, 1 can't because it was a pretty small 15 their skin it can go into their body? 15 company. It was in something. It was a rather obscure 16 A Well, I'm telling them not to put it on their 16 medical journal. Not obscure, but one that wasn't widely 17 skin. 17 circulated like the Journal of the Indiana State Medical 18 Q Doctor, turn to page 59. 18 Society or something like that. 19 THE WITNESS: Why don't we break for lunch at 19 Q All right, sir. 20 this time now before we start another one. It's 1:00. 20 A But that's the one 1 called Doctor Spoiler about 21 MR. McCREA: That would be fine. 21 who is either head of industrial hygiene or health 22 (Thereupon, a lunch recess was taken.) 22 department or something in Indiana. 23 Q (By Mr. McCrea) Dr. Kelly, for the record, 23 Q All right, sir. Then the next sentence, 24 we're in the middle of a tape. 24 "Several workmen developed quote, 'black heads', quote, 25 A Yes, sir. 25 which were found by an industrial physician, but which in Page 134 Page 136 1 Q And continuing on here after a lunch break. 1 his words were so insignificant that the men were not aware 2 Can you turn to page 59 Plaintiff's Exhibit Six? 2 of them nor would a general practitioner notice them." 3 A Yes, sir. 3 A Oh, well, I'm sorry. The case 1 referred to 4 Q Did you recognize the exhibit? 4 Elmer Wheeler didn't mention here because they didn't have 5 A Yes, sir. This exhibit consists of pages 59, 5 chloracne. They developed a chemical hepatitis. This is a 6 60 and 61. 6 case that he refers to in New English someplace that was 7 Q Have you seen this particular document before 7 written up by a Dr. Maigs, M-a-i-g-s, at Yale University. 8 the deposition today? 8 That's the one. It was a heat transfer unit, also. 9 A Yes, 1 have. 9 Q All right. 10 Q I'll refer you to the bottom of page 59 10 A The case 1 refer to in Indiana was a chemical 11 beginning with the third paragraph of -- strike that -- the 11 hepatitis. It was not chloracne. 12 third sentence of the last paragraph, the word "Secondly." 12 Q Okay. Is this last sentence descriptive of 13 A Yes, sir. 13 chloracne? 14 Q Do you see that? 14 A You mean "several workmen developed 15 A Yes, sir. 15 blackheads"? 16 Q And that paragraph states, "Secondly, it is 16 Q Right. 17 possible that prolonged or repeated skin contact would lead 17 A Well, it's very mild chloracne, but it can run 18 to chloracne." 1 assume you agree with that? 18 a whole gamut of severity. It could get quite severe 19 A Yes, Ido. 19 chloracne. 20 Q "1 know of only two cases where such 20 Q He goes on to state, "This indicates to me, 21 experience has developed during the long history of 21 however, that sufficient exposure, whether by inhalation or 22 production and use of Aroclors," and this is the author 22 vapors or skin contact, can result in chloracne which 1 23 speaking who is Elmer P. Wheeler, assistant director of 23 thing we must assume could be an indication of more serious 24 medical department; correct? 24 systemic injury if the exposure was allowed to continue." 25 A Yes, sir. 25 Dr. Kelly, did you ever get any more specific data on the Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 133 - 136 LEXOLDMONOQ6975 Page 137 Page 139 1 extent of the blackheads described by Doctor or by Elmer P. 1 MR. McCREA: Okay. What, Doctor, would you 2 Wheeler in this letter? 2 describe as the mildest case of chloracne that could be 3 A First of all, he's not a doctor. He is, 1 3 caused by exposure to PCB? 4 believe, a Master's degree. He's an industrial director of 4 A Well, it started as half a dozen blackheads 5 industrial hygiene. Well, 1 called Maig about this, the 5 over the cheekbones. 6 doctor that took care of it, and after the article 6 Q Could it consistent of one blackhead? 7 appeared, and it wasn't very severe frankly. In fact, 1 7 A 1 would doubt very much if it consists of one. 8 think he said one or two of them didn't know they had it 8 1 don't know how you could tell a blackhead there from a 9 until they were called in. All the workers were called in 9 hickey. No, 1 don't think so. 1 think you have to -- You 10 and the doctor examined them, said, "Hey, 1 think we've got 10 diagnose chloracne on the extent of it. Just if there's 11 chloracne." 11 one blackhead, that's not chloracne. You look at 12 Q Would you agree that with this case of 12 pigmentation. You look at several things. 13 chloracne a general practitioner would not necessarily be 13 Q Could chloracne consistent of blackheads only? 14 expected to identify it as he states? 14 A Blackheads only? 15 MR. CARNEY: Well, I'm going to object. 1 15 Q Yes, sir. 16 think it would call on this witness to speculate about some 16 A It's possible. 17 unknown general practitioner, what he might or might not 17 Q Is that a permanent condition? 18 find with regard to a mild case of chloracne which referred 18 A No, sir. It depends again. Now, how 19 to in this letter which 1 think was a reference to a Maigs 19 permanent is permanent? For the rest of its life? 20 article. 20 Q Yes, sir. 21 A 1 think it all depends on the interest of the 21 A No, 1 don't think. It might. 1 think 22 general practitioner. He certainly can diagnose acne. 22 sometimes they do. If they turn into cysts, if they get 23 He's seen acne in a lot of cases, and if this were a 23 infected cysts, they have scars which last the rest of 24 peculiar type of acne, he might very well decide to look up 24 their life. If the blackheads are expressed and they were 25 the literature and come out with an answer. 25 removed in exposure, it isn't permanent. Page 138 Page 140 1 Q (By Mr. McCrea) Does this suggest that an 1 Q Do you agree with the statement that this 2 individual could have chloracne as a result of exposure to 2 condition of blackheads could be an indication of more 3 PCBs and that that condition could easily go undiagnosed by 3 serious systemic injury if the exposure were allowed to 4 his general practitioner? 4 continue? 5 MR. CARNEY: I'm going to object. Your covered 5 A Well, yes, if the exposure were allowed to 6 these questions several days ago at length. There was 6 continue, yes, but if the exposure were allowed to 7 about a half hour's worth of questions about that, and now 7 continue, then exposure were severe, you'd have more than 8 you're coving it repetitiously again, so it's 8 blackheads. You'd have -- you might have widespread 9 repetitious. 9 chloracne. You wouldn't get systemic injury if you just 10 A Well, somebody diagnosed those cases because 10 had a few blackheads. 11 that's how Maigs got the word around. So it wasn't Maigs 11 Q Isn't it a sign of systemic injury that you 12 that diagnosed them. It must have been a general 12 have blackheads? 13 practitioner up there in Connecticut someplace. 13 A You wouldn't get any other systemic injury. 14 Q (By Mr. McCrea) Didn't it say an industrial 14 Yes, 1 believe the blackheads are a systemic reaction to 15 physician? 15 the chloracne, to the PCBs. It's not a local skin contact, 16 A 1 don't know. Did it? 1 don't -- 16 but you would not, it would not necessarily mean that he 17 MR. CARNEY: I'm going to object. You're 17 had any other systemic effects rather than that limited 18 asking him to -- The Maigs article would be the best 18 amount of chloracne. 19 evidence of what it says, and this is just a brief summary 19 Q Doctor, can you turn to page 64? 20 of what was in that Maigs article. 20 A Yes, sir. 21 A 1 think they refer to Maigs at that time, but 21 Q Do you know why this document was 22 Maigs didn't go out at the plant to look at them. 1 think 22 confidential? 23 somebody saw these people in chloracne and decided to 23 MR. CARNEY: Let me object. 1 don't think 24 call in the industrial medical department of the state of 24 you've established any foundation that the doctor saw this 25 Connecticut. 25 document during the time he was employed by Monsanto. Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 137-140 LEXOLDMONOQ6976 Page 141 Page 143 1 Q (By Mr. McCrea) Dr. Kelly, did you review 1 wrote 1 do not believe was written by any medical 2 this document or read this document while you were medical 2 authority. 3 director at Monsanto Company? 3 Q Will you turn to page 78, please? 4 A Not that 1 remember. 1 wouldn't have the 4 A 78? 5 slightest idea why it's marked confidential. 5 Q Yes, sir. 6 Q You recognize this as a Monsanto Company 6 A Yes, sir. 7 document? 7 Q Are you familiar with the corporate 8 A Well, 1 can't tell. The name is on there, 8 development committee as it existed at Monsanto Company on 9 but 1 don't know whether that's a Monsanto document or not. 9 April 22, 1968? 10 Q Do you recognize the names of the preparers 10 A Yes, sir. 11 of the document, J. W. Molloy and R. G. Moody? 11 Q Can you tell us what the positions were of the 12 A No, sir, 1 do not. 12 gentlemen listed on page 78? 13 Q It has a date of July 1964; correct? 13 A Well, Charlie Sommer was chairman of the 14 A Correct, on -- 14 board. 1 don't know if Ed Bock was the president at that 15 MR. CARNEY: You read it on the document. 15 time or whether he was executive vice president. Christian 16 A On the document it's correct, yes. 16 was a vice president. Gillis was a vice president. 17 MR. McCREA: Yes. 17 Mueller was a vice president. O'Neal was a vice president. 18 A Yes, that's correct. 18 He was later chairman of the board. Throdahl was a vice 19 Q (By Mr. McCrea) Can you turn to page 70? Can 19 president, and Flitcraft was a secretary. 20 you explain to the jury the difference -- strike that. On 20 Q On page 79 there is a reference or an excerpt 21 page 70 under the heading "Safety and Housekeeping" there 21 from the minutes at the bottom. Do you see that? 22 is a subparagraph six and then a list of chemical 22 A Yes, but I'll have to assume that this is an 23 compounds. Is that correct? 23 excerpt from the minutes. 1 mean, 1 don't know of my own 24 A Yes,sir. 24 knowledge that this is an excerpt from the minutes. 25 Q Do you see B? 25 MR. CARNEY: 1 don't think there has been any Page 142 Page 144 1 A B? 1 foundation that Dr. Kelly was oon he corporate development 2 Q B. 2 committee, and 1 don't think there's been any foundation 3 A Yes. 3 and 1 doubt that he was in attendance at the April 22, 1968 4 Q Which says "Byphenyl"? 4 meeting, and it doesn't at least show that he was in 5 A Yes, sir. 5 attendance, so 1 don't know what purpose reading some 6 Q Is that a PCB without the chlorine? 6 minutes that haven't been authenticated is to Dr. Kelly. 7 A Well, you cannot have a PCB unless you have a 7 It might be more appropriate if you ask questions of the 8 chlorine. This is a biphenyl. So PCB is chlorinated 8 people who were at the meeting. 9 biphenyl. 9 Q (By Mr. McCrea) Dr. Kelly, in 1968 were you 10 Q What are the chemical elements in a biphenyl? 10 familiar with the marketing projections of Monsanto for 11 A Carbon and hydrogen. 11 PCBs? 12 Q Do you have an opinion as to the toxicity of 12 A No, sir, 1 was not. 13 the biphenyl compared to polychlorinated byphenyl. 13 Q Would you turn to page 80? 14 A Yes, 1 think it's less toxic. 14 A Yes, sir. 15 Q Do you agree with the last sentence in the 15 Q Can you identify the document on page 80 with 16 right-hand column under biphenyl which states, "Inhalation 16 a date of March 3, 1969? 17 of biphenyl fumes is not recommended since it can cause a 17 A Yes, that is a document written by Elmer P. 18 drugged effect on the person"? 18 Wheeler or somebody. 1 don't know whether it was a 19 A Well, 1 don't know why that last sentence is 19 publication or in-house use or out-house use, extra house 20 in there. 1 would say, "Inhalation of biphenyl fumes or 20 use. Sorry. On second thought, it must have been sent 21 any other fumes is not recommended," period. 21 outside. Whether it went outside to customers or to whom, 22 Q Do you know what it meant by drug effect? 22 1 don't know, or to other people in the industry, 1 don't 23 A No, 1 don't know, but something like gasoline, 23 know. 24 1 suppose. If you inhale gasoline fumes you get a jag. 1 24 Q All right, sir. The date of this document is 25 imagine what this is, what they call it. What this man 25 what? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 141-144 LEXOLDMONOQ6977 Page 145 Page 147 1 A March the 3rd, 1969. 1 Q And this again is the corporate development 2 Q Will you address your attention to the fifth 2 committee? 3 paragraph on page 81. 3 A Yes, sir. 4 MR. CARNEY: Which was page two of the 4 Q Can you identify the people on that document? 5 document? 5 A Yes, sir. Ed Bock, 1 think he was the 6 MR. McCREA: Correct. 6 president of the company. He was chairman of the corporate 7 A The fifth paragraph, yes, sir. 7 development committee. Bible was a vice president. Gillis 8 Q (By Mr. McCrea) It start PCBs are. 8 was a vice president in charge of sales. Putzell was the 9 Paragraph states, "PCBs are used in several quote, 'plastic 9 secretary of the company and general counsel. Charlie 10 type', quote, applications. Here the chemical is 10 Sommer was the chairman of the board of the company. 11 incorporated into the polymer as an integral part of the 11 Throdahl was vice president in charge of research, 1 12 solid material. This applies whether the polymer is used 12 believe. John Ehlets was a lawyer who was a secretary of 13 as an adhesive, an elastomer or surface coating." Is that 13 the committee. 14 an accurate statement? 14 MR. CARNEY: When you're asking him to 15 A Yes, sir. 15 identify the document, are you saying the, can he identify 16 Q Do you know for what period of time PCBs had 16 this as the minutes that were taken on the 28th? 17 been used in plastic type applications by Monsanto? 17 MR. McCREA: No, I'm asking him to identify 18 A No, sir, 1 don't. 1 know when they were 18 these people. 19 stopped. 1 think they were stopped around 1970. 19 MR. CARNEY: Okay. And identify the document, 20 Q Will you turn to page 83? 20 you weren't asking hem to identify that these, in fact, are 21 A 83? 21 the minutes, are you. 22 Q Yes, sir. 22 MR. McCREA: No. 23 A Yes, sir. 23 MR. CARNEY: 1 didn't think you were. 24 Q The date of that document is what? 24 Q (By Mr. McCrea) Have you seen this document 25 A April the 14th, 1969. 25 before today? Page 146 Page 148 1 Q Do you recognize it? 1 A 1 think 1 saw it yesterday. 2 A Yes, 1 recognize it. 2 Q All right. Are you familiar or is - On page 3 Q Do you know what it meant by the second 3 86, Dr. Kelly. 4 sentence in the second paragraph, "We can't really satisfy 4 A Yes, sir. 5 pollution people with this explanation"? Do you know? 5 Q It states, "Organic Division Appropriation 6 A 1 would -- again this is a surmise. It looks 6 Request Number CEA-2080 for $1,100,000 for solid Aroclor 7 like they were getting the Aroclor back and putting it into 7 expansion - Anniston." Can you tell us what is meant by 8 operations that they thought were not, were not likely to 8 solid Aroclor expansion? 9 leak into the environment, and they also said the pollution 9 MR. CARNEY: I'll going to object here. 1 10 people may think this is probably not correct. It may leak 10 don't think there's any testimony that the witness was at 11 into the environment. 11 this meeting, and so this might call for him to speculate 12 Q Can you turn to page 85? 12 as to whoever took these minutes, what they meant by 13 A 85? 13 putting some words down that probably were a very brief 14 Q Yes, sir. 14 summation of what was said. 15 A Yes, sir. 15 A Well, some Aroclors are solid, and that's what 16 Q Well, first can you go back and identify the 16 solid means, solid like a piece of ice or a lump of coal. 17 people at the top of page 83, Olson, Bryant, Kountz, Kuhn 17 Expansion means they were going, presumably they were going 18 and Johnson? Do you see that, sir? 18 to expand the production facilities of Anniston for this 19 A Yes. Don Olsen was, 1 thought, in marketing. 19 solid Aroclor. 20 1 don't remember any of the other names. 20 Q (By Mr. McCrea) Do you know in what products 21 Q Now, can you turn to page 85? 21 they were used? 22 A Yes, sir. 22 A They were not used electrically, in 23 Q The date of this document is April 28, 1969. 23 electrical. 1 don't know. 24 Is that correct? 24 Q Turn to page 87. 25 A Yes, sir, yes, sir. 25 A Yes, sir. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 145 - 148 LEXOLDMONOQ6978 Page 149 Page 151 1 Q At the bottom of the page it states, 1 as to whether Aroclors escape from end products, either 2 "Monsanto's worldwide Aroclor business amounts to 104 m 2 through leaching or by dispersal in burning." Would you 3 pounds a year." Is that -- what it that? 3 agree with that statement as being accurate? 4 A Million. 4 A Yes, sir. 5 Q And the says, "70 m." Is that 70 million 5 MR. CARNEY: We've got less than two minutes. 6 pounds? 6 Q (By Mr. McCrea) Can you turn to page 89? 7 A That's correct. 7 There a list of paragraphs there one, two, three through 8 Q "Used in the functional fluids." Is that like 8 12. Do you see those? 9 capacitors and transformers? 9 A Yes, sir. 10 A Capacitors, transformers, heat transfer units, 10 Q And were you familiar with this plan of action 11 hydraulic fluids. 11 as described on page 88 and then itemized on 89? 12 Q All right. And "34 million pounds in the 12 A Yes. Let's read the recommended plan of 13 plasticizers." Can you give us examples of plasticizers? 13 action that's on page 88. This is to establish the 14 A Well, waxes and lubricants. 1 think they were 14 tailored program for each business group and each customer 15 putting some of it in vinyl sheeting. I'm not sure. They 15 market situation to assure that the loss of PCBs in the 16 were using it in carbonless carbon paper as a plasticizer. 16 environment, if any, is minimal. That's our plan of action 17 Q How much of that went to non-industry people? 17 there. Then one to 12. 18 MR. CARNEY: I'm going to object. I'm not 18 MR. CARNEY: We're off the tape. We'll have 19 sure that this witness-- 19 to continue. 20 A Non-industry? You mean like who by 20 (Thereupon, a short recess was taken.) 21 non-industry? 21 Q (By Mr. McCrea) Dr. Kelly, directing your 22 MR. McCREA: Consumers that would use the 22 attention to page 89, do you see paragraph six and seven or 23 product outside of an industry setting. 23 itemization six and seven? 24 MR. CARNEY: You mean in the home? 24 A Yes, sir. 25 MR. McCREA: Correct. 25 Q Were these part of the plan of action as you Page 150 Page 152 1 MR. CARNEY: 1 don't know that this witness -- 1 knew it? 2 Well, if he can answer it. 2 A Yes. Let me read the plan of action. 3 A 1 don't know. 1 think the only one that you 3 Q Yes, sir. 4 can possibly use was the carbonless carbon paper. 4 A This is fromthe corporate development 5 Q (By Mr. McCrea) Can you turn to page 88? 5 committee meeting of November the 17th, '69 at which 1 was 6 A Yes, sir. 6 present. That's on page 87. It shows me as being present, 7 Q At the bottom of the document it states, "Plan 7 and the recommended plan of action is to establish a 8 of Action - H. S. Bergen and J. E. Springgate." 8 tailored program for each business group and each customer 9 A Yes, sir. 9 market situation to assure that the loss of PCBs in the 10 Q Who is Mr. Bergen? 10 environment, if any, is minimal. Now we go to page 89. Do 11 A Well, heand Springgate were the top people in 11 you say six and seven? 12 the department that were the product managers for PCBs. 12 Q Yes, sir. 13 That meant they were in charge of production, marketing, 13 A Yes, sir. Any questions? 14 research. 14 Q Yes. At this meeting in which you were 15 Q On the date of November 17, 1969 the statement 15 present, number six and on the agenda states, "Introduce to 16 is made in the "Plan of Action, "The availability of 16 market replacement products for Aroclor 1254/1260." What 17 alternate products to satisfy customer requirements was 17 replacement products were considered on that date? 18 reviewed. Main problems are that no replacement product is 18 A 1 think they were all gleams in the eye. 1 19 available for capacitors and replacement products for other 19 don't think they had any. They were potential products in 20 uses pose a pollution problem." Is that an accurate 20 the research group. 1 don't believe they had any ready to 21 statement as of November 17, 1969? 21 go in market. 22 A Yes, sir, it is. Pollution means pollution to 22 Q Were they chlorinated hydrocarbons or were 23 the environment. 23 they non-chlorinated hydrocarbons? 24 Q And is it -- All right. And then the next 24 A They may have been either one, but 1 don't 25 paragraph, "In plasticizer uses, evidence is not available 25 know because it said develop them, and 1 don't know when Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 149 - 152 LEXOLDMONOQ6979 Page 153 Page 155 1 they're going to develop. 1 was not -- That wasn't part of 1 it our effluent stream. 2 my responsibility. That was the research department's 2 Q But Monsanto assumed that responsibility? 3 responsibility. They were supposed to develop, introduce 3 A To educate the customers. 1 mean, there are 4 to market replacement products, but also, 1 believe they 4 two responsibilities there. One is to stop it and the 5 had to develop them. 5 other is to tell the people the need to reduce it, and so 6 Q Number seven status, "Continue and expand 6 Monsanto certainly educated the customers on the need to 7 biodegradation test program with Aroclor series, 7 reduce and effectively control PCB effluents in their 8 particularly 1242, 1248 and 1254." Can you describe that 8 plants. 9 for us? 9 Q In items one through 12, were human health 10 A You mean describewhat thetest program was? 10 effects a consideration? 11 Q Right. 11 A 1 would say -- 12 A No, sir, but I'll tell you what it was. They 12 MR. CARNEY: I'm sorry. Which items? 13 were testing how you get Aroclors that are in the 13 A On number eight it was when we said continue 14 environment to biodegrade faster. 14 the toxicological test program because we did not know what 15 Q What was the thinking at that time as to how 15 the feasibility, what the long term effects of small 16 that should, could be done? 16 amounts of PCB, if taken or when taken in the food, might 17 A 1 can't answer that. 17 be. 18 Q Was there any plan under the plan of action to 18 Q (By Mr. McCrea) Did you tell people to whom 19 replace Aroclor 1242 with a non-chlorinated hydrocarbon? 19 you sold PCBs that you did not know the long term effects? 20 A 1 don't know, but if you see in channel 20 MR. CARNEY: Well, let me object to it. The 21 number ten they were going to talk about seeing if they 21 question is vague unless you explain what you mean by long 22 could eliminate two of the carbon atoms from Aroclor 1242 22 term effects. Long term effects in rats, in rabbits, in 23 and 1248. 23 birds? I'm not sure what you're talking about there. 24 Q Do you know if on this date there was any plan 24 Q (By Mr. McCrea) You may answer if you recall the 25 to replace Aroclor 1242 with a non-chlorinated product? 25 question. Page 154 Page 156 1 A 1 think they would be happy to do it if they 1 A Yes, 1 told people of any - quite a number of 2 had one that worked that had inflammability and it was a 2 people called me up and 1 said, "To the best of our medical 3 good dielectric. 3 opinion, there are no long term health effects from the 4 Q Number three, it states, "Reduce and 4 ingestion of PCB in the amounts that are present in the 5 effectively control PCB effluents from Monsanto plants." 5 food." 1 told them that I've consulted with the government 6 Why was that part of the plan of action? 6 about it and showed them what we were doing and what our 7 A Well, we couldn't very well talk to our 7 preliminary results are, and 1 told them that from, my 8 customers and say, "Don't let the PCBs go into the 8 opinion was there would be no problem. 9 environment," if we were doing it ourself. 9 Q Did you tell people on the date of 1969 that 10 Q Was an effort made to reduce and effectively 10 you were going to conduct a toxicological test program to 11 control PCB effluents from Monsanto plants? 11 determine the long term effects? 12 A Oh, yes, a very successful one. 12 A I'm sure 1 did. I'm sure 1 said we are, have 13 Q Did you feel that was necessary to protect the 13 tests under way to reinforce my opinion. 14 environment? 14 Q And you expected those tests to show there 15 A Yes. 15 were no long term effects? 16 Q Number four, "Educate customers on need to 16 A 1 expected them - 1 expected some of the 17 reduce and effectively control PCB effluents at their 17 tests to show it. Certainly when you do a test you want to 18 plants." What was format of the education program? 18 get positive results in some of the levels, but 1 was also 19 A 1 don't know. That was not part of the 19 sure we'd come up with a safe level. 20 medical department's responsibility. 20 Q Did any of the other itemizations under the 21 Q Did Monsanto take on that responsibility? 21 plan of action relate to human health? 22 A To educate the customers on the need to reduce 22 A 1 don't think so. 23 them? Yes. You must recognize, they said the need the 23 Q Did Monsanto ever consider who in the United 24 reduce it. They couldn't very well tell them how to reduce 24 States had the most exposure to PCBs and where the greatest 25 it because they didn't know what other compounds went into 25 need was to concentrate on the prevention of disease Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 153 - 156 LEXOLDMON006980 Page 157 Page 159 1 processes? 1 setting. Now, that's a little different statement. 2 MR. CARNEY: Objection to the form of the 2 Q Then obviously there was no corresponding 3 question, compound. 3 increase in education? 4 THE WITNESS: Will you repeat the question? 4 A There was not an increase in education. We 5 (Thereupon, the reporter propounded the pending 5 had carried out an educational program since the products 6 question.) 6 were introduced, and we had no reports of any ill effects 7 A Well, you have two questions there. 1 didn't 7 from our customers. 8 know who had the most exposure. 1 knew who the people who 8 Q The bottom of that page it states, "The status 9 used the most material, but 1 didn't know the perimeters of 9 of Aroclor 1242 should continue to be tested to determine 10 their exposure. GE and Westinghouse certainly were the 10 whether it contributes to this problem." Is that the 11 large users of the material. Westinghouse had information 11 environmental problem? 12 that we had sent them. Westinghouse had information that 12 A Yes, sir. 13 they had carried out themselves on the inhalation and 13 Q And what was the result of that testing? 14 feeding of PCBs. 14 A Well, 1 think they thought it would biodegrade 15 So 1 knew they were all larger user, large users, 15 and they found out later that it did not biodegrade as much 16 but 1 didn't know the amount of exposure. We had told them 16 as they thought it would, so eventually they discontinued 17 what the recommendations were as far as safe handling 17 the use of Aroclor 1242. 18 procedures and that if their followed them, we knew they 18 Q As of 1969 there was no plan to eliminate 19 would have no trouble. 19 1242? 20 Q Was there any change in the manner in which 20 A Well, 1 don't know whether there was or not. 21 Westinghouse - strike that - the manner in which Monsanto 21 They were going to change the type of configuration of 22 attempted to prevent contamination of workers during this 22 Aroclor 1242, and 1 don't know. 1 think that the, in the 23 period of time, 1969? 23 back of their head was if they couldn't eliminate the five 24 MR. CARNEY: Objection to the form of the 24 and six, the chlorine from the five and six positions, that 25 question. 1 don't know what you mean by manner. It 25 they might very well have thought, "Well, we'll have to get Page 158 Page 160 1 contains undefined terms. 1 out of the 1242." They at that time thought it was going 2 Q (By Mr. McCrea) Let me restate that. In 2 to be biodegradable, and when they found out later that it 3 paragraph four you state as part of the plan of action to, 3 wasn't biodegradable, then they decided to get out of the 4 "Educate customers on need to reduce and effectively 4 1242 business, also. 5 control PCB effluents at their plants." Was there any - 5 Q Dr. Kelly, in Plaintiffs Exhibits Three, in 6 Was there any program to educate customers on the need to 6 your letter to Dr. Herbert Blumenthal on April 8, 1970 you 7 reduce and effectively control PCBs in the workplace so as 7 stated, "Secondly, we have essentially a crash program 8 to prevent contamination of workers? 8 underway to find non-persistent, non-chlorinated 9 A We had told them that from the time we started 9 substitute products." Was there a crash program under way 10 selling them the material. We did not increase our 10 on April 8, 1970 to find non-persistent, non-chlorinated 11 warnings. Remember, this whole problem was not because o 11 substitute products for Aroclor 1242? 12 problems with workers. This whole plan of action was to 12 A If that's when 1 wrote the letter there was. 1 13 decrease the, to decrease the environmental contamination 13 certainly didn't lie to him. Yes, if 1 in April 8th, 14 which was causing birds to lay, to lay eggs without shells, 14 1970, which is now four months after, five months after 15 and we were afraid you could kill a whole species of birds. 15 these minutes that I've been reading from, we did have 16 Q So in 1969 there was no increased concern 16 essentially a crash program that defined non-persistent, 17 about the PCB health effects on workers? 17 non-chlorinated substitute products, yes. 18 A 1 didn't say that. Is that a question? 18 Q For 1242? 19 Q 1 thought you did say that. 19 A For all of them. 20 A No, 1 didn't. 20 Q Is that, to your knowledge, documented 21 MR. CARNEY: 1 didn't hear that, either. 21 anywhere in the minutes of Monsanto Company? 22 Q (By Mr. McCrea) Was there an increased 22 MR. CARNEY: I'm going to object unless you 23 concern in 1969 by Monsanto Company with regard to the 23 can establish that this witness has reviewed all the 24 health effects on workers exposed in an industrial setting? 24 minutes of the company over the last 30 or 40 years. 25 A No, sir, there wasn't in an industrial 25 Q (By Mr. McCrea) Doyouknow if the crash Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 157-160 LEXOLDMONOQ6981 Page 161 Page 163 1 program to find non-persistent, non-chlorinated substitute 1 A Well, as 1 mentioned Bergen and Springgate 2 products for Aroclor 1242 is documented in any minutes or 2 before, they were either the product managers or one of 3 any letters or memoranda which you have read? 3 them was a boss, one was a number two in the PCB 4 A Well, which 1 have read? 4 department. Minckler was head of the, vice president, head 5 Q Yes. 5 of the organic division of Monsanto Chemicals Company, 6 A Yes, it certainly was documented in the things 6 whichever it was called at that time. Phosha Park was a 7 that 1 have read because 1 didn't pull this second 7 man in the environmental department. 8 paragraph out of thin air. 1 didn't make it up. 1 8 Q Was he also a lawyer? 9 knew they had a crash program under way. Whether that 9 A He was a lawyer in the environmental 10 documentation still exists or not, 1 can't tell you, but 1 10 department. 11 knew it. Otherwise, why would 1 write to them? 11 Q All right. Springgate? 12 Q What was the Aroclor 1016 product? 12 A Springgate is the same as Bergen. 13 A What was it? 13 Q This letter went to W. B. Papageorge? 14 Q Yes? 14 A That's correct. 15 A It was a chlorinated compound that was 15 Q WPAPA stands for what? 16 chlorinated to 16 percent. 16 A That's the code number for the mailing 17 Q And did that replace the Aroclor 1242? 17 department. That's like a ZIP code. William P-A-P-A, 18 A In some instances it did, yes. 18 PAPA. Just like I'm RKEL. 19 Q Do you know when the program was commenced to 19 Q In the first sentence you state, "We have been 20 develop Aroclor 1016 in relationship to your letter dated 20 in communication with Dr. Hill of the Ohio State Board of 21 April 8, 1970? 21 Health." Does that include you? 22 A No, sir, but 1016 is a chlorinated product and 22 A It includes members of the medical department. 23 I'm talking in my letter of April the 8th, they were also 23 1 think Wheeler was the one that was doing most of the 24 looking for non-chlorinated. 1016 is non-persistent, but 24 communicating with Hill. 25 they were also looking for non-chlorinated. 1016 is 25 Q Did you talk with Dr. Hill? Page 162 Page 164 1 chlorinated. 1 A 1 may very well have. 1 don't recall. 2 Q Why did they use the number 1016? 2 Q You state, "He has found PCB, particularly 3 A Because it's biodegradable. 3 Aroclor 1254, in samples of milk from at least three herds 4 Q Why did they use the number 16 in the 1016? 4 in Ohio." Is that information based on a communication to 5 A 1 believe it's because it was chlorinated to 5 you by Dr. Hill? 6 16 percent of -- The average chlorination was 16 percent. 6 A Either to me or to Wheeler to me. 7 Q Isn't it a fact, Dr. Kelly, that it contained 7 Q "He has traced this contamination back to 8 41 percent chlorine and there was no rhyme or reason to 8 silage from three different silos." Again, was that a 9 calling it 1016? 9 communication made by Dr. Hill to either Wheeler or 10 A 1 don't know that. 10 yourself? 11 Q Can you turn to page 90? Do you see the 11 A Yes, sir. 12 document on page 90 and then, Dr. Kelly, do you also see 12 Q "Dr. Hill reported concentrations of 0.2 parts 13 the document on page 91 ? 13 per million of PCB on the silage in the center of the silo 14 A Yes, sir. 14 and up to 20 parts per million in the material next to the 15 Q And 90 states, "Retyped for Legibility." Do 15 walls." Again, that's a communication from Hill to Wheeler 16 you see that at the top? 16 or you? 17 A Yes, sir. 17 A Correct. 18 Q Did you write this memorandum? 18 Q "He also stated that concentrations in the 19 A Yes, 1 did. 19 milk were between 0.1 parts per million and 0.6 parts per 20 Q The date of the memorandum is what? 20 million and that some of the milk had been destroyed." On 21 A March 30th, 1970. 21 the date of March 30, 1970, what was the recommended FDA 22 Q Did the individuals at the upper right-hand 22 limit? 23 corner receive copies? 23 A 1 don't think they had one. 24 A Yes, they received them. 24 Q Did that concern you, Dr. Kelly, that PCBs 25 Q Who are those individuals? 25 were getting into milk from the silage? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 161-164 LEXOLDMONOQ6982 Page 165 Page 167 1 A Yes, it did. 1 Q You do recognize that as potentially being 2 Q Did that concern you as to potential human health 2 important? 3 effects? 3 A Oh, certainly. 4 A Potential with a question mark, yes. It also 4 Q Because this wasn't the only silo with PCBs 5 concerned me, 1 don't believe milk should be contaminated 5 in it? 6 with anything, whether it's PCB or dirt. 6 A Well, there were three of them. 7 Q "The silos were concrete silos whose interior 7 Q Weren't there 50 others? 8 surfaces were painted in 1967 using a formulation that 8 A There may have been, but we're talking now 9 contained 1254." Were you knowledgeable in March 30, 197C 9 about March the 30th, 1970, and 1 don't know whether 50 is 10 that PCBs had been used to coat interior surfaces of silos 10 correct or not. 11 without having had this communication from Dr. Hill? 11 Q "The presence of PCB in the silage came from 12 A 1 don't remember whether 1 was or not. 1 12 flaking off of the material and possibly from leaching out 13 certainly wasn't knowledgeable in 1967 because 1 don't 13 during the silage storage." How do you know that? 14 think 1 had heard about it until -- there may have been 14 A Well, 1 would imagine that's the only two ways 15 something in some of the newspapers or something about this 15 you can get the PCB out. The paint either flaked off or 16 that 1 may have found out, but 1 wasn't knowledgeable about 16 the silage leached the stuff out. There's no other way to 17 it for very long before this communication. 17 get it. 18 Q When you wrote the letter that we spent some 18 Q How would the silage leach the PCB from the 19 time discussing back on page 57, did you send that letter 19 plastic coating? 20 to marketing people at Monsanto? 20 A Because you're fermenting it and you're 21 A Where is the letter now? 21 getting god knows what sort of chemicals as a result of - 22 Q That's the letter from you to Dr. J. W. 22 You get acid chemicals from fermentation inside a silo and 23 Barrett. 23 that has an action on the paint. 24 A Well, that was to England. 24 Q How did you figure that out? 25 Q Did you send it to your marketing people in 25 A Well, 1 guess my knowledge of PCBs and paint. Page 166 Page 168 1 the United States? 1 Q Did you know that -- 2 A Well, I'll look. No, 1 didn't. 2 A And silos. 3 Q The next sentence in paragraph two state, "1 3 Q Did you know that in 1967? 4 don't know" - 4 A No, because 1 never knew that it was used in 5 A Where are we now? Which page are we now? 5 1967 in a silo. 6 Q Right, yes, sir, page 90? 6 Q If someone had asked you in 1967, would you 7 A We're back on 90. 7 have given them that information based on your knowledge of 8 Q The March 30, 1970 memorandum to Mr. 8 paint? 9 Papageorge. 9 A 1 wouldn't know whether 1 would or not at that 10 A Yes, sir. 10 time. 11 Q Second sentence, paragraph two. "1 don't know 11 Q Did you have that working knowledge in 1967 12 if there was any other Aroclor in the formulation nor do we 12 even though you didn't know PCBs were used in a plasticizer 13 know if the coating - nor do we know the coating 13 in silos. 14 manufacturer; although, this could be found out if 14 MR. CARNEY: And you're asking about the 15 important." Did you determine the name of the coating 15 knowledge about paint, PCBs and silos? 16 manufacturer? 16 MR. McCREA: The fermentation and the acid 17 A Well, 1 gave that problem to Papageorge. By 17 leaching out the PCB. 18 that time he was man in charge of the PCB problem. He was 18 A What was the question again then? 19 the point man in the whole situation. 19 MR. McCREA: Would you read it back, please? 20 Q Do you know if Mr. Papageorge expressed your 20 (Thereupon, the reporter propounded the pending 21 concerns to the coating manufacturer relating to the 21 question.) 22 contamination of the milk caused by the PCBs in the silos? 22 A 1 don't believe 1 did because of several 23 A Frankly, 1 don't know if he could ever find the 23 reasons. One, 1 had no knowledge if it was being used 24 coating manufacturer, but to answer you question, 1 don't 24 there, and if there were any used there, there were no 25 whether he did or not. 25 reports in '67 that the material was getting into the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 165 - 168 LEXOLDMONOQ6983 Page 169 Page 171 1 silage and getting into the milk, so 1 did not have any 1 Q Did Monsanto pay for it? 2 idea at that time. 2 A 1 said 1 don't know. 3 Q (By Mr. McCrea) Explain the process as to how 3 Q Did Monsanto offer to pay for it? 4 the fermentation of the silage and the acid leaches the PCB 4 A 1 don't know. 5 from the plasticizer. 5 Q And the loss to the farmer was how much 6 A It dissolves the paint and the PCB comes out 6 according to your calculations? 7 of the paint. 7 MR. CARNEY: Well, you're assuming that that 8 Q How was that established? 8 was the farmer and, you know. 9 A 1 don't know how it was established. 9 A Well, whoever owned - 10 Q Well, how did you come to that information? 10 Q (By Mr. McCrea) The cost? 11 A Well, as 1 told you before, there are only a 11 A Whoever owned the 150 tons of silage that was 12 couple of ways it can get out of there. You've got this 12 destroyed, it would cost $30 a ton. Whoever owned tha 13 paint, a solid thing on the wall and either flakes out, it 13 silage had an expense of $4,500. 14 come out or it's dissolved by some of the material in the 14 Q In your opinion, was the silo of any value 15 silage. Nobody's in there scraping it off. 15 with the PCB plasticizer inside of it? 16 Q Have you ever stepped into a silo? 16 A Was it of any value? Yes. 17 A Yes. 17 Q Could they reuse that silo? 18 Q With a PCB plasticizer on the walls? 18 A Yes, they sandblasted it and reused it. 19 A No. 19 Q Do you know what the cost of the sandblasting 20 Q Have you ever asked a farmer to describe what 20 was? 21 it is like to be in a silo with silage in it with PCB in 21 A No, 1 don't. 22 the plasticizer? 22 Q And your testimony is that this silo was 23 A No, but I've asked the farmer to describe how 23 sandblasted? 24 he's in the silo with no paint at all or enamel silo. 24 A No, 1 didn't say that a all. 25 There are an awful lot of fumes in there. There are 25 MR. CARNEY: You asked him if it was of any Page 170 Page 172 1 nitrous fumes in there. There was acid fumes. There's 1 value. 1 think he was saying that it -- 2 quite a possibility for chemical reaction to go on in the 2 Q (By Mr. McCrea) You said - Excuse me. Did 3 silo. 3 they sandblast this particular silo? 4 Q But you've never specifically asked a farmer 4 A 1 don't know. 5 what it was like? 5 Q All right. Do you know what happened to the 6 A No. 6 silo? 7 Q To be inside a PCB coated silo? 7 A 1 don't know. 8 A No, sir. 8 Q Do you know if the farmer look a loss on it 9 Q Next, "At present they will have to destroy 9 because of the PCBs? 10 about 150 tons of silage which is valued at about $30 per 10 A 1 don't know that. 11 ton." When you say they, to whom are you referring. 11 Q Do you know - and you don't know if he had to 12 A 1 would imagine the people who owned the silo 12 replace it with another silo? 13 or the Ohio State Board of Health is telling them to 13 A 1 don't know whether he did or not. 14 destroy the silage. 14 Q Did you ever communicate with the farmer? 15 Q Other than the fact that there are PCBs in the 15 A No, sir. 1 did not. 16 plasticizers which were manufactured by Monsanto and sold 16 Q Then you go onto say, "As a rough guess, they 17 by an unknown coat manufacturer, was there any reason 17 consider there may be 50 other silos involved in Ohio that 18 to destroy the silage? 18 were painted with the same formulation." Would those other 19 A Other than the fact that there -- 19 people predictably have the same problems as this farmer? 20 Q Were PCBs in the silos, was there any reason 20 A It's possible. 21 to destroy the silage? 21 Q Did you make any effort to communicate with 22 A Yes, because when the cows ate it, they had 22 those farmers? 23 PCBs in the milk. 23 MR. CARNEY: I'm going to object, you know. 24 Q Who paid for the loss of the silage? 24 He wrote this memo to Mr. Papageorge who was the point man. 25 A 1 don't know. 25 1 think you've got the wrong witness here. Mr. Papageorge Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 169 - 172 LEXOLDMONOQ6984 Page 173 Page 175 1 is the person who was in charge of Monsanto doing this. 1 Q Has Monsanto ever paid to replace a PCB coated 2 Q (By Mr. McCrea) Did you or anyone else at -- 2 silo? 3 Did you make any effort to contract those farmers? 3 A 1 do not know. 4 A 1 did not. 4 Q Do you have any estimate as to how many PCB 5 Q Did anyone at Monsanto make any effort to 5 coated silos there were in the United States as of this 6 locate and contact those farmers? 6 date? 7 A 1 don't know. 7 A No, sir, 1 do not. 8 Q In your opinion, was there a human health, was 8 Q Next sentence says, "All in all, this could be 9 there a potential human health problem as a result of PCBs 9 with quite a serious problem, having legal and publicity 10 in those silos? 10 overtones." What do you mean by publicity overtones? 11 A No, sir. 11 A Well, 1 believe that the publicity, if a 12 Q Didn't you just say that there was a human health 12 Monsanto product were present in the milk, that's bad 13 problem as a result of .6 parts per million? 13 publicity. 14 A No, 1 did not. 14 Q And how would that affect Monsanto? 15 Q In the milk? 15 A Well, Monsanto wants to be a good neighbor. 16 A 1 did not say that. 1 said we didn't want any 16 Monsanto doesn't want PCBs in milk. They don't want PCBs 17 in the milk. We didn't want any contamination in the milk. 17 adulterating food. 18 1 didn't say we didn't want .6 PCB in the milk because 18 Q What efforts did Monsanto make to eliminate 19 there was a health hazard. 1 said 1 don't believe milk 19 the PCB contamination of milk from the PCB plasticizers, 20 should be contaminated with anything. 20 caused by the PCB in plasticizers in silos? 21 Q In your opinion, was there a potential human 21 A You'll have to ask Mr. Papageorge and 1 22 health problem? 22 believe he will tell you that whatever they did. He will 23 A Well, in March 1970 1 don't think we knew. 23 also tell you that it was quite successful because you 24 That's why we're running our long term experiments. 24 don't hear any more about PCBs in milk or in silage. 25 Q Was there a potential human health problem? 25 Q Could that be because they've all been Page 174 Page 176 1 A Well, 1 said we did not know if there was a 1 condemned? 2 potential. 2 A No, sir, 1 don't believe so, and 1 don't know 3 Q All right. The next sentence says, "They are 3 what you mean by condemned. 4 also looking into the fat contamination of the cows 4 Q Condemned. 5 themselves." Do you know the results of those tests? 5 A Tore down? 6 A No, sir, 1 do not. 6 Q No, condemned, ribbons placed around them 7 Q Did you maintain any communication with Dr. 7 marking condemned? 8 Hill after March 30, 1970? 8 A 1 don't know if anyone ever was. 1 don't 9 A 1 do not recall if 1 did. 1 believe that Mr. 9 know. 1 never saw one. 10 Papageorge may have, but not 1. 10 Q Did you tell Mr. Bergen this was a serious 11 Q Do you know of any herds of cattle which had 11 problem verbally? 12 to be destroyed in the United States as a result of the PCB 12 A Well, 1 wrote him a letter. 1 don't know 13 contamination from silos? 13 whether 1 discussed this memorandum after 1 talked with him 14 A 1 do not know. 14 or not -- after 1 wrote him 1 mean. 1 may have talked with 15 Q Did you offer to assist Dr. Hill in remedying 15 him. 16 this problem? 16 Q You state, "All in all, this could be quite a 17 A Yes, 1 told him Monsanto would do anything 17 serious problem with legal overtones." What are the 18 that we could to cooperate with them in any shape or form 18 legal overtones for Monsanto from this serious problem? 19 and he should contact Mr. Papageorge who could direct Dr. 19 A Well, there again 1 get outside my field, but 20 Hill's request to the proper agency inside Monsanto. 20 1 thought if we were contaminating silage due to our PCBs, 21 Q Did you offer to replace the farmer's silo? 21 the farmer may look to us for remedial action. 22 A 1 personally? 22 Q Did you take any efforts to avoid that 23 Q Monsanto? 23 consequence by going to the farmer first? 24 A That was not my responsibility, To answer it, 24 MR. CARNEY: I'm going to object. You've 25 no, 1 did not. 25 asked this question about six or seven times. He indicated Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 173 - 176 LEXOLDMONOQ6985 Page 177 Page 179 1 he didn't know what happened, whether the Monsanto paid the 1 Q You state, "1 think it is very important that 2 farmer or if indeed it was the farmer that owned the 2 this be done." Why? 3 silage. He doesn't know. 1 think he wrote this memo to 3 A Well, we still didn't want PCB in the milk. 4 Mr. Papageorge who was the point man for Monsanto. You've 4 Q "It may be that some of our customers will 5 established that he doesn't know what Monsanto did. 1 5 assure themselves on the basis of non-extractability that a 6 don't know how much clearer that can be made. 1 will 6 particular formulation might be safe, but 1 think we should 7 stipulate that with regard to what Monsanto did with the 7 make a blanket recommendation against these uses." That 8 farmer, Dr. Kelly doesn't know. He's said it very clearly, 8 was your opinion? 9 and 1 don't think asking him three or four times is going 9 A Yes, sir, it was. 10 to move the deposition along. 10 Q And you were adamant about it? 11 Q (By Mr. McCrea) Dr. Kelly, you recognized 11 A Yes. 12 that this could cost Monsanto money? 12 Q And you sent it to everybody you knew who was 13 A That was the least of our problem. 13 of authority in Monsanto? 14 Q What was the most of your problem? 14 A Yes, sir. 15 A We didn't want the milk contaminated. 15 Q Were you a medical doctor? 16 Q Did you suggest to Mr. P. S. Park that 16 A Is that a question? Yes, 1 was and am. 17 Monsanto correct this problem of PCBs in silos? 17 Q Doctor, can you tell us what it is that you 18 A Mr. P. S. Park is a lawyer in the 18 brought to this particular situation that somebody without 19 environmental group. He is a very ethical Monsanto 19 a medical agree could not? 20 employee. He's now retired from Monsanto. 1 clued him in 20 A Well, 1 don't believe that what 1 brought to 21 onto the legal problem, and it is up to him to do it. It 21 this situation was information of a problem, and 1 believe 22 was not up to me to handle any legal problems with 22 1 summarized a problem and sent it to the important, 23 Monsanto. 23 responsible people in the legal department, in the 24 Q Do you know if Monsanto ever calculated the 24 production department, in the marketing department and to 25 number of PCB silos in the United States and what it would 25 the man who was in charge of the environmental aspects of Page 178 Page 180 1 cost to replace them? 1 PCB. 2 A No, sir, 1 do not know. 2 Whether or not Mr. Wheeler could have done the same 3 Q Last paragraph, "This brings us to a very 3 thing, 1 think he probably could have because there was not 4 serious point"; correct? 4 a great deal of information in there that you need a 5 A Yes, that's what 1 said. 5 medical person to talk about. We don't want PCBs or 6 Q "When are we going to tell our customers not 6 Aroclor in any food, feed or water for animals or humans, 7 to use any Aroclor in any paint formulation that contacts 7 and you didn't have to have a medical degree to know that. 8 food, feed or water for animals or humans?" 8 Q If you had to communicate to the farmers of 9 A Was there a question? 9 this country your expression of concern, what would, how 10 MR. CARNEY: You read that -- you read his 10 would you have done that? 11 words accurately. I'll agree with that. 11 MR. CARNEY: What time are you talking about? 12 A Yes, and 1 wrote that. 12 MR. McCREA: 1970. 13 MR. CARNEY: 1 don't know if there's a 13 A All the farmers in the country, whether they 14 question. 14 have silos or not? 15 Q (By Mr. McCrea) When did you tell your 15 Q (By Mr. McCrea) Correct. 16 customers not to use any Aroclor? 16 A Whether they use PCB paint or not? 17 A 1 do not know when the marketing people told 17 Q Correct. How would you have gone about that? 18 them. 1 do not know if they had already told them by the 18 A 1 would have said -- Well,first of all, 1 19 time 1 wrote Papageorge and 1 didn't know about it, so 1 19 wouldn't have gone about it. 1 would have gone to the 20 cannot answer your question. 20 person whose responsibility it was. There is a man working 21 Q Do you know if it was ever done? 21 full-time on PCBs. I'm in charge ofthe medical 22 A Of my own knowledge did 1 ever, do 1 recall 22 department. We've got lots of other things that are doing. 23 sending a memorandum to the customers? 1 don't know, but 1 23 This man's full-time. He's got his own staff doing it, so 24 would imagine that it was done, but that again is 24 1 would tell him my beliefs and let him do it. 1 would not 25 speculation. 25 communicate with the farmers. Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 177-180 LEXOLDMONOQ6986 Page 181 Page 183 1 Q Do you know if there was any notification to 1 seen Mr. Papageorge testify about these matters, haven't 2 your insurance carriers of this potential liability? 2 you? 3 A 1 don't know. 3 MR. McCREA: Never, never. 4 Q You knew that Monsanto had used publicity 4 MR. CARNEY: Well, 1 think you have. 5 releases to communicate it's position on PCBs in the past; 5 MR. McCREA: Never. And 1 will represent to 6 correct? 6 you that the elimination of PCBs in plasticizers does not 7 A Yes, sir. 7 solve the problem which Dr. Kelly addressed rather 8 Q Was there any publicity release issued that 8 eloquently on March 30, 1970 of PCBs already in the 9 reflected your concerns on PCBs getting into the milk? 9 plasticizers. 10 MR. CARNEY: 1 might suggest to you, Mr. 10 MR. CARNEY: 1 can say and state for the 11 McCrea, you're trying to -- 1 think you're asking a lot of 11 record that Monsanto did solve the problem very well and 12 these questions to the wrong witness. Mr. Papageorge has 12 with, and they were a very good corporate citizen in the 13 all this information as 1 think you do know, in fact, in 13 way they handled the problem, an excellent corporate 14 this very same exhibit, and 1 refer you to starting on page 14 citizen in the way they handled it. Now, Dr. Kelly may not 15 100 and going through to 115 is a Papageorge document 15 know that because he was the medical director and 1 don't 16 explaining and answering some of these questions. 16 think he knows everything that went on at Monsanto, but 1 17 MR. McCREA: Are silos referenced in that? 17 can state that to you. 18 MR. CARNEY: 1 think plasticizers are at 18 Q (By Mr. McCrea) All right. Well, 1 accept 19 page - 19 what you state and quite frankly don't have that much 20 MR. McCREA: Are silos? 20 information about what they did. Dr. Kelly, after you 21 MR. CARNEY: You were talking about 21 wrote this March 30, 1970 communication to Mr. Papageorge, 22 plasticizers in the silos. 22 did you get any feedback from him, Mr. Bergen, Minckler, 23 MR. McCREA: Is the problem of PCBs flaking 23 Park or Springgate as to the remedies and the, that you 24 and leaching from plasticizers in silos and getting into 24 suggested? 25 the milk of dairy cattle referenced in the Papageorge 25 A 1 may very well have. 1 don't recall it. 1 Page 182 Page 184 1 affidavit dated September 14, 1971, if it's an affidavit? 1 do know that over the years the problem diminished to a 2 MR. CARNEY: 1 think if you look at page 107, 2 zero point. 3 they talk about the plasticizers, eliminating the 3 Q All right. Before March 30, 1970 had you made 4 plasticizers. 4 similar requests verbally? 5 MR. McCREA: Do you see silos mentioned there? 5 A Well, 1 don't think so. 6 THE WITNESS: Are you talk to me or to him? 6 Q Other than this document which speaks for 7 MR. McCREA: No, I'm not, sir. It's hard for 7 itself, Dr. Kelly, do you recall any other efforts on your 8 me to turn all the way around. 8 behalf to see that the customers did not use Aroclor in the 9 MR. CARNEY: You know, 1 think if you'd ask 9 paint? 10 Dr. Papageorge, he would be the one that would be most 10 A Well, 1 never talked to any customers. 1 11 knowledgeable about this. Dr. Kelly was the head of the 11 don't know whether, what Wheeler might have done with 12 medical department. 12 Papageorge. 1 don't know, but to answer your question, 1 13 MR. McCREA: All right. I'll just state for, 13 did not and as 1 said this, you talk like this was in silos 14 not for the jury and not for Mr. Kelly, Dr. Kelly, that 14 all over the country. This was in a pretty small group of 15 there's no reference to silos in that particular 15 areas where this paint was distributed. 16 communication if 1 read it properly. 16 Q Do you know how many silos were involved? 17 MR. CARNEY: 1 didn't say there was, did 1? 17 A No, sir, 1 do not. 18 MR. McCREA: No, but you said 1 could read it 18 Q But if it's one farmer and it's his silo, it's 19 and determine the response. 19 important; correct? 20 MR. CARNEY: No. What I'm telling you is that 20 A Of course it is. 21 what -- You've asked a lot of questions about what Monsanto 21 Q Did you correspond with the FDA about this 22 did with regard to the plasticizers. Did they eliminate 22 problem? 23 them? You've asked lots of questions about how they 23 A Yes, 1 talked to them, and that's when 1 24 noticed or notified the various people in various groups, 24 talked to Dr. Fitchu of the FDA because he knew about it. 25 and 1 think you have that information. You know - You've 25 He asked me how our tests were coming and when we startec Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 181 - 184 LEXOLDMONOQ6987 Page 185 Page 187 1 them and when we were going to get finished with them. 1 A 1 don't know what it includes, but 1 don't 2 Yes, 1 talked to the FDA about it. 2 even know if there was Aroclor being used in silage, paint 3 Q When you say test, you're talking about what? 3 for silage in April of 1970. If you notice, our 4 A A long-term feeding test. 4 plasticizer sales have dropped down pretty much. It's down 5 Q Did you talk to the FDA about the number of silos 5 to $3 million worth. 1 don't know what it was before, but 6 in the United States with PCBs in them and what could 6 it was considerably higher than that. 7 be done to see that that was not getting into the milk of 7 Q Did that include an aggressive program of 8 dairy cattle? 8 customer education with regard to the customers who had put 9 A Not 1, but 1 don't know whether that came up 9 PCBs in plasticizers where they were existing on farmers' 10 at the time when Colander and 1 went up to see Dr. Fitchu 10 field? 11 and other people of the FDA when we were starting our tests 11 A 1 don't know. This says the division has. 12 which can dated in this letter, 1 believe. Yes, 1 12 The medical department did not. This was a division 13 certainly did, 1 believe. Where are we, March? Yes, 1 13 responsibility. They had Papageorge there. They had 14 antedated that. We told them what we were doing. They 14 Bergen there. They had Minckler, they had Mason, they had 15 agreed with what steps we should do as far as the testing 15 Smith, Springgate, all these people from the division. 16 is concerned, and 1 believe they were cognizant of the fact 16 They're the ones that carried out the aggressive program of 17 that there was PCBs in the milk. Certainly they were. 17 customer education, cooperative efforts with government 18 Now, as far as answering your question did 1 talk to 18 research, etc. 19 the FDA about what we were going to do about getting, 19 Q You see on page 93 it states at the top, "FDA 20 cleaning up this problem with the silage, 1 don't know 20 indicated it was contemplating a residue level of 0.5 parts 21 whether 1 taked to them or not. 21 per million in milk." Do you see that? 22 Q Dr. Kelly, you described earlier in your 22 A Yes. 23 testimony 12 points of a plan of action dealing with 23 Q And did the levels in Ohio exceed that? 24 environmental aspects of PCBs. Did you add to that plan of 24 A Did what? 25 action a recommendation and potential solution for PCBs 25 Q Did the levels in the milk in Ohio exceed that Page 186 Page 188 1 getting into the milk as a result of their flaking and 1 level? 2 leaching from the plasticizers in silos? 2 A No, sir. 3 A We didn't have to write it out. We knew we 3 Q 1 thought it said 0.6 parts per million. 4 had a problem and got on it. 1 mean, we didn't write it 4 A Did it? 1 don't know. Maybe it did. 5 out and say, "Okay, now we've got 13 plans instead of 12." 5 Q Can you refer to page 90, the last sentence of 6 We recognized the problem and we, and Papageorge started 6 the first paragraph? 7 out to solve the problem and to remedy it. 7 A Page 90? Well, that's a little confusing here 8 Q Can you describe for the jury what he did? 8 because on, when it's retyped it says between 0.1 ppm and 9 A No, you'll have to ask him. 9 0.6 and then the one I'm looking at where it wasn't 10 Q Can you turn to page 92? 10 retyped it says 0.1 and 0.5 ppm. 11 A Yes, sir. 11 Q 1 read that as a six on -- 12 Q This, sir is minutes of meeting of the 12 A You want to look at mine? 13 corporation management committee, April 20, 1970. Is that 13 Q 1 accept that you're saying. 14 correct? 14 A Okay. 15 A Yes, sir. 15 MR. CARNEY: Mine says five. 16 Q And you attended the meeting as indicated by 16 Q (By Mr. McCrea) All right. Did Monsanto do 17 your name under the heading "Organic Division - Report of 17 any testing to determine levels of PCB in fish which were 18 PCB Status"? 18 in waters in which Monsanto discharged PCBs? 19 A Yes, sir. 19 A 1 think they may have, yes, sir, but I'm not 20 Q There are figures there representing sales of 20 certain which locations. 21 Aroclor? 21 Q You don't know the results? 22 A Yes, sir. 22 A No, sir, 1 don't. 23 Q You say, "Division has maintained an 23 Q Second paragraph on page 93 references the 24 aggressive program of customer education." Does that 24 targeting of effluent levels. Do you know how those were 25 include the people who put PCBs in plasticizers in silos? 25 established, 50 parts per billion and ultimate target of 10 Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 185 - 188 LEXOLDMONOQ6988 Page 189 Page 191 1 parts per billion? 1 fires in the transformers in 1970, 1 don't believe there 2 A 1 think that was established by what we 2 was any record of any fires of transformers or fires of 3 thought was feasible. We tried to get down to as low as we 3 capacitors or leaks in -- Well, there were leaks in heat 4 could, as low as we could. 4 transfers at Yusho at that time. 5 Q Third paragraph states, "Sales are being 5 Q Dr. Kelly, if a manufacturing plant called you 6 terminated to a number of industrial users where there are 6 today and asked you if you thought it was advisable to have 7 inadequate possibilities of control for such uses as 7 1,337 PCB capacitors inside their plant, what would you 8 pesticide extenders." What is a pest -- how were PCBs used 8 tell them? 9 on the date of April 20, 1970 as a pesticide extender? 9 A I'd say, "I'd like to come out and look at 10 A Well, 1 think it would be better if you asked 10your plant and see how they're being used." 11 somebody from the agricultural, Department of Agriculture 11 Q Do you think that would present a risk that 12 of the United States Government because they were the ones 12 should be eliminated by replacing the same capacitors? 13 that came out with the idea to use PCB in agricultural as a 13 A 1 would have to make that decision after 1 saw 14 pesticide extender. In other words, you mix this and 14 the installation. 15 presumably it stays around on the plant longer. 15 Q Down under conclusions, Dr. Kelly, it makes 16 It was peanuts as far as our marketing was concerned 16 reference in the first paragraph, the last line to NCR 17 and we were not happy with it, but the government, the 17 application. What does that stand for? 18 Department of Agriculture stated that this is possibly a 18 MR. CARNEY: 1 think we're about to lose our 19 good use for PCBs. 19 tape. 20 Q How were PCBs used in medicinal products? 20 A Well, 1 can answer that real fast. That's a 21 A 1 never heard of it. 1 don't know. 21 carbonless carbon paper, National Cash Register. 22 Q Dental products? 22 MR. McCREA: Thank you. Break. 23 A Waxes. 23 (Thereupon, a short recess was taken.) 24 Q Cosmetics? 24 Q (By Mr. McCrea) Dr. Kelly, we're back on the 25 A 1 don't know. 25 record. On page 93 under conclusions the committee states, Page 190 Page 192 1 Q Did Monsanto locate these industrial users and 1 quote, "A replacement product should be developed on a 2 then terminate the sales? 2 crash basis for the NCR r application," which stands for 3 A Well, they said they did. Sales were being 3 National Cash Register in the use of PCBs in carbonless 4 terminated to a number of industrial users. 4 paper. Is that correct? 5 Q Did you attend this meeting where it was 5 A That is correct. 6 discussed? It indicates you did. 6 Q And H. L. Minckler was on the corporate 7 A Well, yes, but 1 don't think they elaborated 7 management committee on April 20, 1970; correct? 8 on it anymore than that. They said, "We're terminating 8 A 1 don't think he was. 9 these to a number of industrial users with inadequate 9 Q Well, 1 believe you're right. He was on the 10 possibilities of control," but 1 don't think they put them 10 organic division? 11 out by name. 11 A Yeah. 12 Q When did Monsanto first know that PCBs were 12 Q And J. E. Springgate was a member of the organic 13 used in pesticides, as pesticide extenders? 13 division? 14 A 1 haven't the slightest idea. 14 A Yes, sir. 15 Q The statement is made, "Sales will be 15 Q And H. S. Bergen was a member of the 16 continued for transformers, capacitors and heat transfer 16 organic division? 17 uses which are closed systems or sealed units and which 17 A Yes, sir. 18 permit reclamation or other control of material." Is that 18 Q And were those people participants in the 19 correct? 19 decision to develop a crash program or to develop on a 20 A You read it correctly, yes, sir. 20 crash basis a replacement product for carbonless paper? 21 Q Do you consider transformers, capacitors and 21 A Yes, sir. 22 heat transfer uses as closed systems today? 22 Q And the date of that meeting was April 20, 23 A They are unless something happens to the heat 23 1970? 24 transfer units. Sometimes there are leaks in it. 24 A Yes, I'll take your word for it. I've 25 Sometimes there are fires in the capacitors, but as of 25 misplaced paragraph, page 93. I've got a 92. That's April Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 189 - 192 LEXOLDMONOQ6989 Page 193 Page 195 1 the 20th, 1970. 1 A Well, what it says is, "A bill to prohibit the 2 Q All right. 2 introduction or delivery for introduction into commerce of 3 A But 1 don't have 93. It must be in here 3 the chemical compound known as polychlorinated byphenyl." 4 someplace. 4 Q And the date is July 26, 1971? 5 Q 1 think the record will reflect that the date 5 A That's correct. 6 of the minutes of the meeting of the corporate management 6 Q Do you have any working knowledge today as you 7 committee was April 20, 1970. And on March 30, 20 days 7 testify of the purpose of H. R. 10085 true introduced by 8 before that, you sent your letter expressing your concerns 8 Congressman Ryan? 9 about the PCBs in milk from the silos to H. S. Bergen, H. 9 A Well, except what he said, "To prohibit the 10 L. Mincklerand J. E. Springgate; correct? 10 introduction and delivery for introduction into commerce of 11 A Yes, sir. 11 the chemical compound known as polychlorinated byphenyl." 12 Q Did they discuss anything to be done on a 12 take it that was his purpose. 13 crash basis with respect to those concerns which were 13 Q Did Monsanto have meetings to discuss this 14 expressed by you to them 20 days earlier? 14 bill in which you attended? 15 A 1 don't know. 1 certainly know that 15 A No, sir. That doesn't mean that he didn't 16 Papageorge was very, very much involved and very much aware 16 have meetings, but 1 do not recall ever being at a meeting 17 of the problem and he might be much better - he will be 17 where they discussed Ryan's bill. 18 much better able to answer that than 1 do, than 1 am. 18 Q All right, sir. Dr. Kelly, will you turn, 19 Q Go to page 94. 19 please, to page 97? 20 A I've got problems. Something's happened to my 20 A Yes, sir. 21 pages from 91. 21 Q Are you -- This is a speech by Congressman 22 MR. CARNEY: Do you want to use mine? 22 Ryan to Congress reported in the "Congressional Record," 1 23 A 1 don't have a 94 here. In fact, my next page 23 believe. Have you seen this before today? See the heading 24 is 100. In thought 1 had one before, but 1 don't. Yes, 24 in the left-hand column, "PCBs - En" -- 25 sir. 25 A 1 see that. 1 don't believe 1 have. 1 do not Page 194 Page 196 1 Q (By Mr. McCrea) Can you identify the document 1 read the Congressional Record." 2 on page 94 of Plaintiff's Exhibits Six? 2 Q All right. Without spending a lot of time on 3 A Well, 1 will read what it says. It's a 3 this document -- 4 photostat of some letter written by a Bernard H. Falk, it 4 A Okay. That will be new. 5 looks like, to the representatives of the member companies 5 Q Congressman Ryan makes reference to chickens 6 in the transformer section, capacitor section of the 6 being contaminated with PCBs, 1 believe, in North Carolina 7 National Electrical Manufacturers Association dated August 7 by leaks of PCBs from a heat transfer system. With that 8 the 6th, the 2nd, 1971. 8 general statement, Dr. Kelly, as you sit here today, did 9 Q Dr. Kelly, did you have any communications 9 you in any way participate in the investigation of that 10 with Congressman Ryan? 10 particular situation? 11 A No, sir, 1 did not. 11 A No, sir, 1 do not believe 1 did. 12 Q Did you have any participation in preparing any 12 Q Do you have any working knowledge of the 13 speeches or information to be given by Monsanto to 13 situation in which the chickens became contaminated with 14 Congressman Ryan? 14 PCBs? 15 A No, sir, 1 did not. 15 A No, 1 don't. In fact, they talk about the 16 Q On this date do you have any understanding of 16 Campbell Soup Company. Is that what we're talking about, 17 the effort being generated by Congressman Ryan with regard 17 with the chicken fat? Is that the one? That's the first 18 to PCBs? 18 time 1 saw it. 1 don't know anything about it. 19 A 1 may have heard about somebody talking about 19 Q All right. Down at the bottom of column one 20 it at lunch, but 1 certainly had no formal connection with 20 on page 97 there's a one paragraph description of human 21 any of Congressman Ryan's actions. 21 health effects as described by Congressman Ryan on the date 22 Q Will you go to page 95? 22 of this address to Congress, July 23rd, 1971. Would you 23 A Yes, sir. 23 please read that paragraph which starts at the bottom of 24 Q Can you identify this document which consists 24 column one and ends at the top of column two to yourself 25 of two pages and attachments of an additional three pages? 25 and then tell us if there are any health effects which he Kelly, R. Emmet M.D. (fmrMons Med Dir) in BROWN Volume 5 Pages 193 - 196 LEXOLDMON006990 Page 197 Page 199 1 describes as being caused be PCBs with which you disagree? 1 "Persons who have been continually exposed to PCB 2 A Do 1 wait till 1 get through reading it or do 2 may suffer nausea, vomiting, loss of weight, edema and 3 1 mention my differences of opinion as we go along? 3 abdominal pain, increased respiration, lower blood count 4 Q 1 think it would be preferable to mention it 4 and inhibition of the carbohydrate metabolism." That - If 5 as you go. 5 he is not referring to Yusho or Yetching, 1 would like to 6 A "By far the most frightening hazards" - 6 see his basis for this statement, "More serious effects are 7 MR. CARNEY: Well, let me just - 1 think he - 7 those of the kidneys." 1 don't know where that is 8 MR. McCREA: He can read it out loud. 8 documented outside of Yusho. 9 MR. CARNEY: 1 think he said to read it to 9 "The principal effect, however, is on the liver 10 yourself. 10 possibly leading to atrophy followed by death." That 11 A Oh, okay. 11 certainly has not occurred in an industrial setting. Now, 12 MR. CARNEY: And then- 12 this 1 do not consider - 1 do not consider a Congressional 13 Q (By Mr. McCrea) Why don't you read it out 13 speech a scientific document. He is making statements, 14 loud and then as you disagree, you can state your 14 and 1 don't know the basis of the statement, so 1 disagree 15 disagreement. 15 with him. 16 MR. CARNEY: I'm going to object to any, 16 Q All right. Would you go to the top of 17 having- 17 paragraph three in the first paragraph - excuse me, Doctor 18 MR. McCREA: That way it gets on the record. 18 - the top of column three. In about the middle of that 19 MR. CARNEY: That's what 1 mean. Ifyouwant 19 paragraph he states, "1 requested that he," and 1 believe 20 to get Congressman Ryan in here to testify about what he 20 that refers to the administrator of the Environmental 21 said, that's one thing, but to have, you know, a speech 21 Protection Agency, "Obtain from Monsanto those production 22 that he read be read into the record is, you know, hearsay. 22 and sales figures necessary to determine the extent of 23 1 don't have Congressman Ryan here to cross examine. We've 23 possible PCB contamination data which Monsanto has refused 24 got Dr. Kelly here. He says he doesn't have any knowledge 24 to provide." Are you aware of a request by Congressman 25 about this bill of Dr. Ryan's, so 1 don't know. 1 think 25 Ryan to Monsanto for sales records in order that the Page 198 Page 200 1 you've got the wrong person here to cross examine about Dr. 1 environmental effects could be checked out? 2 Ryan's speech. 2 MR. CARNEY: Let me object to the question. 1 3 A Mr. Ryan, the Honorable Mr. Ryan. He's not a 3 object to your reading a speech back in 1971, July 26, 1 4 doctor. He's a politician. 4 guess, of 1971, by a congressman who's trying to get 5 MR. CARNEY: I'm sorry. 1 didn't want to 5 publicity and run for office and win votes and making a 6 demean the profession of doctors by calling him - 6 speech in the "Congressional Record" and then examining Dr. 7 A We have a different way of stating things. 7 Kelly about the speech which he says he wasn't in 8 Q (By Mr. McCrea) Dr. Kelly, why don't you read 8 attendance at and doesn't recall seeing. You know, this 9 what he states. Then as you come to something with which 9 deposition could go on for a year. It's already, you're in 10 you disagree, state your disagreement. 10 your fifth day of cross examination. You've indicated 11 A Well, yes, 1 disagree with the first sentence, 11 you're going to go tomorrow and, you know, 1 don't know how 12 "The most frightening hazard is the effect of PCBs on 12 many speeches by congressmen or other people you can rear 13 humans." Certainly 1 don't think there's any frightening 13 into the record. It's improper. If you have a question of 14 hazard. 1 think that is rhetoric from a congressman. 14 Dr. Kelly, ask the question of Dr. Kelly. 15 Let's see what else. 15 Q (By Mr. McCrea) Dr. Kelly, did - 16 He also states, gives no limitation of exposure, no 16 MR. CARNEY: And you're not only reading it, 17 statement about exposure. He says, "Polychlorinated 17 but you're making assumptions about who he is. Now, 18 byphenyl may be taken into the body by direct actions upon 18 Congressman Ryan isn't even here for me to examine him on 19 the skin or by a vapor through a respiratory tract." 19 what he means by some of those words. So this is an 20 That's true. 20 entirely improper course of action that you're taking, Mr. 21 "The effect on the skin is chloracne." Well, that 21 McCrea, and all 1 can see is that you're trying to delay 22 all depends on how much you get on and how long you've been 22 this case and bore the tears out of the jury and the judge. 23 doing it. "The early symptoms of which are pimples, a dark 23 You've certainly bored me by all this repetition and now 24 pigmentation, later, more serious eruptions." That again 24 just reading a speech 20 years ago by a congressman trying 25 is how much you are exposed to. 25 to win votes. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 197 - 200 LEXOLDMONOQ6991 Page 201 Page 203 1 MR. McCREA: Was he trying to win votes with 1 Tests." 2 Monsanto? 2 A Yes, sir. 3 A 1 don't think he's alive frankly. 1 don't 3 MR. CARNEY: We're still in -- Can 1 have my 4 know when he was running for office in the 70s, but was 4 standing objection that you're reading from Congressman 5 there a question on the floor? 5 Ryan's speech back in 1971? 6 Q (By Mr. McCrea) There was and you may answer 6 Q (By Mr. McCrea) Yes, you may. It says, 7 it. 7 "Recently completed Monsanto tests, conducted over two 8 A I'd like to know what it is. 8 years, showed that rats fed food containing up to 100 ppm 9 MR. McCREA: 1 forget. 9 showed enlargement of the liver, but suffered no other 10 (Thereupon, the reporter propounded the pending 10 effects, the company spokesman said. Dogs showed no ill 11 question.) 11 effects, he said. Representative Ryan said he was 12 A 1 am aware of a request, and he states a half 12 skeptical of tests ordered by the company for its own 13 truth. He states, "1 requested that he obtain from 13 product." Did you see that? 14 Monsanto those production sand sales figures necessary to 14 A Yes. 15 determine the extent of possible PCB contamination." 15 Q Does that refer to IBT tests? 16 Monsanto, I've seen documents that said we will give you 16 A No, he refers to test ordered by a company 17 sales and production figures. 17 for its own product, and just like I'm skeptical about a 18 Then he asks for names of customers and Monsanto 18 congressman's statements when he's running for office. 1 19 said that they, to the best of my knowledge, they could not 19 think that this is absolutely ridiculous. Who is going to 20 give the names of the customers without some particular 20 run the tests if the company doesn't run them themselves? 21 reason. So the good congressman is having a half truth in 21 Is the government going to run them? The U. S. Food and 22 that statement. 22 Drug Division accepted the tests. They know an awful lot 23 MR. CARNEY: And 1 might add, 1 assume it's 23 more about toxicity than Ryan does. 24 probable a misprint, but it doesn't talk about PCBs there. 24 Q All right. My question is: Does that 25 It talks about PCB, and it doesn't say that Congressman 25 paragraph refer to the tests that were done at IBT or is it Page 202 Page 204 1 Ryan requested it. It says, "1 requested that he," 1 some other test facility? 2 somebody, whoever he is "obtain it." So there's, 1 think, 2 MR. CARNEY: I'm going to object here. You're 3 a mischaracterization of what's said. This is very 3 asking this witness to speculate about what was inside 4 confusing. We don't - It's hard to understand what's 4 Congressman Ryan's mind, and other than winning votes and 5 being talked about there. 5 trying to get re-elected, which 1 think we've probably 6 Q (By Mr. McCrea) Did Monsanto Company have an 6 established, but what was inside his mind when he makes a 7 action planned to determine the customers who had purchased 7 speech back in July 26th, 1971. Why don't you ask 8 PCBs in the potential areas of environmental contamination 8 Congressman Ryan? 9 on this date, July 26, 1971? 9 MR. McCREA: 1 would also note that he was 10 A 1 don't know what you mean by an action 10 interested in protecting the environment and protecting 11 planned. What do you mean? 11 human health, and in 1977 Monsanto company fully concurrec 12 Q Well, I'm referring back to your corporate 12 with the ban of PCBs. It took six years to educate 13 notes where you say plan of action on page 88. 13 Monsanto, but they fully concurred with the ban six years 14 A Yes, sir. 14 later. 15 Q Did you have a plan of action to determine 15 MR. CARNEY: Well, you know, Mr. McCrea, 16 your PCB customers and the potential environmental 16 you're making speeching that are untrue, that are 17 pollution as a result of sales to those customers? 17 inflammatory, that are improper. You have no -- You're not 18 MR. CARNEY: In addition to the 12 points, the 18 testifying and here you are making these speeches. We're 19 sum of which 1 think addressed that problem? Are you 19 here to take Dr. Kelly's testimony. If you have a 20 saying in addition to those 12 points? 20 question, fine, but to make a speech that Monsanto did 21 MR. McCREA: Correct. 21 something improperly is an outrage to me, and it's improper 22 A 1 don't know. You'll have to ask Papageorge 22 and unprofessional conduct on your part, and 1 would urge 23 or Bergen or Springgate. 23 you to get on with questions and quit making speeches. The 24 Q (By Mr. McCrea) Could you go to page 99? 24 jury into interested in what you think or what 1 think. 25 Column two, fourth paragraph with the heading "Monsanto 25 They want to hear the evidence from the witnesses that are Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 201 - 204 LEXOLDMONOQ6992 Page 205 Page 207 1 under oath. 1 fifth day and now you're asking the witness to read a 15 2 MR. McCREA: 1 was just defending Congressman 2 page document that he says he doesn't know that he saw when 3 Ryan. 3 he was with Monsanto, and to see if there's a word there. 4 MR. CARNEY: Well, 1 didn't know that was the 4 MR. McCREA: Just a second. I'll save you 5 purpose of this. You're getting so far off the track in 5 time. 6 the fifth day of your cross examination, Mr. McCrea. Now 6 MR. CARNEY: Okay. 7 you're defending a congressman who's running for office, 7 MR. McCREA: I'm agree that the document 8 you know. I'm glad you're doing that, but let's not do it 8 speaks for itself and that it may be read by the jury. 9 on the record and waste the jury's time. 9 MR. CARNEY: Well, you know, whether - We're 10 Q (By Mr. McCrea) Dr. Kelly, would you turn to 10 not in the courtroom now. We don't have the jury, and 1 11 page 100? 11 think we'll have to address that to the judge at the time. 12 A 100? 12 Whether it's appropriate to have the jury take the time to 13 Q Yes, sir. 13 read this 15 page document or not, 1 think we'll have to 14 A I've lost that one, too. Do you have 100? 14 address at a later date. 15 Oh, I'm back here. 15 Q (By Mr. McCrea) But I'm - Dr. Kelly, 1 don't 16 MR. CARNEY: Why don't you give those back. 16 think it's necessary for you to read this document unless 17 A 1 may need those back. Yes, sir. 17 you'd like to. 18 Q (By Mr. McCrea) Are you familiar with this 18 A No, 1 don't need to. 19 document which has as its caption, "Monsanto's PCB program, 19 Q All right, sir. Would you turn to page 114 of 20 W. B. Papageorge, Presented at ANSI," A-N-S-l, all capital 20 the Papageorge document, the sixth line, sixth line from 21 letters, "Committee C-107 Meeting - September 14, 1971"? 21 the bottom of the page beginning "There is still" - 22 A What did you ask me about it? Am 1 familiar? 22 MR. CARNEY: You're on 114? 23 Q Are you familiar with it? 23 Q (By Mr. McCrea) Yes, sir. 24 A Well, I've seen it, but 1 don't know when 1 24 A Sixth line, "There is still," yes. 25 saw it, whether 1 saw it during my time with Monsanto or 25 Q (By Mr. McCrea) Yes, sir. That statement by Page 206 Page 208 1 not. 1 don't really believe 1 did, but I've certainly seen 1 Dr., by Mr. Papageorge reads, "There is still a lot of 2 it since I've been out. 2 information that is needed to help us determine the long 3 Q Would you turn to page 104? 3 term effect on human beings." That statement was made 4 A Yes, sir. 4 September 14th, 1971. As of September 14, 1971, do you or 5 Q Would you read the paragraph three beginning, 5 did you as medical director concur with that statement? 6 "Through the years," just to yourself and then I'll ask you 6 A Well, 1 have to see - 7 if that makes any reference to PCBs and plasticizers in 7 MR. CARNEY: 1 don't know that you've 8 silos? 8 established that he actually saw that statement. He 9 A I've read it. What is your question. 9 doesn't know if he saw this document. Are you asking him 10 Q Does it make any reference to silos? 10 today or back -- 11 A With the exception it said, "Uses such as in 11 MR. McCREA: I'm asking him if- 12 paint formulations." 12 MR. CARNEY: If he saw that in '71, would he 13 Q Is there any references whatsoever in this 13 agree? 14 document consisting of 15 pages to the problem of PCBs 14 MR. McCREA: Did he concur with that statement 15 flakes and leaching from plasticizers in silos into the 15 on September 14th, 1971. 16 silage contaminating the cattle and contaminating the milk? 16 MR. CARNEY: Well, I'm going to object to 17 A Well, we might as well turn off the film 17 using the word did he concur because 1 don't think he could 18 because I'll have to read this. 1 can't answer that. 18 concur with something unless he saw it to concur with it. 19 Q All right, sir. 19 If you're saying did he believe that to be a true statement 20 A So are we turning it off? 20 back then whether or not he saw it or not, 1 think he could 21 MR. McCREA: Yes. 21 probably answer that. So 1 object to the form. 22 MR. CARNEY: Well, let me object to this while 22 Q (By Mr. McCrea) Dr. Kelly, on September 14th, 23 we're still on the record. 23 1971 did you believe that to be a true statement? 24 MR. McCREA: Let's - 24 A Well, first of all, I'm not going to pick one 25 MR. CARNEY: This deposition, you're into the 25 sentence out of this. Let's take the sentence before it. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 205 - 208 LEXOLDMONOQ6993 Page 209 Page 211 1 Q Dr. Kelly - 1 classified as highly toxic." 2 MR. CARNEY: Let him finish his answer, 2 Then he going onto say, "There is still a lot of 3 please. 3 information that is needed to help us determine the long 4 MR. McCREA: Just a second, please. 4 term effect on human beings." 1 don't know if at that 5 MR. CARNEY: Just a minute. If you'd let him 5 time we had the two year testing on the two different 6 finish his answer because 1 don't like your interrupting 6 species. 7 him while he's in the middle of his answer, so please.- 7 1 think that he referred also to other items as how 8 A You're asking me to pick one sentence out of 8 much is in the food that people are taking. So that is 9 context, and if I'm going to concur or agree with this 9 just as important as the toxicity of the material. So 10 statement, I've got to look at the previous statements and 10 certainly that information is needed to help us determine 11 the following, the statements following it. 11 the long term effect. You have to equate - There are two 12 Q (By Mr. McCrea) Dr. Kelly, I'm asking the 12 parts to the equation, how toxic are small amounts and 13 question. Your attorney may ask you on redirect any other 13 what's the size of the amount? Does that answer your 14 information which he feels is necessary to present to the 14 question, Mr.McCrea? 15 jury. My questions is: Do you agree with the accuracy of 15 Q (By Mr. McCrea) Yes, sir. Would you go to 16 that sentence, "There is still a lot of information that is 16 page 110? I'll direct your attention to the last sentence 17 needed to help us determine the long term effect on human 17 in paragraph two beginning, "PCB was brought out." The 18 beings"? 18 statement says, "PCB was brought out as" -- 19 A Now- 19 MR. CARNEY: Are you talking about the middle 20 MR. CARNEY: Let me object to it. 20 paragraph; right? 21 Q (By Mr. McCrea) Now, if you want to go and 21 MR. McCREA: Paragraph two. What did 1 say? 22 address other portions of this document as not in response 22 MR. CARNEY: 1 thought you said the last. I'm 23 to my question, fine, go ahead, but 1 would ask that the 23 not sure. 24 Court at the trial restrict your answer only to that which 24 MR. McCREA: The last sentence of paragraph 25 is responsive to my question. Go ahead and answer. 25 two. 1 don't know what 1 said. The sentence which states, Page 210 Page 212 1 MR. CARNEY: Well, I'm going to object to your 1 "PCB was brought out at an example of a material introduced 2 picking out a sentence in the middle of a 20 - I'm sorry 2 into society." 3 - 15, 16 page document out of context, and that sentence 3 A Mine says brought up. 4 has some undefined words to it. It says, "There's still a 4 Q (By Mr. McCrea) Brought up? 5 lot of information." It doesn't say what kind of 5 A U-p, brought up. 6 information, what he means by a lot. It might call for Dr. 6 Q Mine says brought out. 7 Kelly to speculate. 1 note -- 1 think that the doctor is 7 A You want to see mine? Page 11, 110? 8 entitled to read the sentence in front of it or any other 8 Q Yeah. That's interesting. 9 sentence to bring it into context, and 1 invite the doctor 9 MR. CARNEY: 1 think you're looking at a 10 to do that. 10 different sentence. It's the last sentence on paragraph 11 A Well, 1 don't believe Mr. McCrea wants me to 11 two. 12 do that. 12 A Is that what we want now? 13 Q (By Mr. McCrea) No, you can go ahead and do 13 MR. CARNEY: Yeah. 14 it. I'm just stating that 1 asked a question as to that 14 A Okay. That is one of the problems of picking 15 sentence and when this is given to the jury, we'll get a 15 items out of 15 pages. 16 ruling from the Court, but you may answer it. 1 can't 16 Q (By Mr. McCrea) 1 don't dispute that, Doctor. 17 restrict you on how you're going to answer it. 17 A Okay. 18 A Good. Thank you. That was the bottom line on 18 Q It states, "PCB was brought out as an example 19 this question? 19 of the material introduced into society and thought at one 20 (Thereupon, the reporter propounded the previous 20 time to be most valuable, but is now considered a serious 21 question.) 21 threat to all of us." Do you agree? 22 Q Well, to answer that in a yes or no situation, 22 MR. CARNEY: I'm going to object. Again 23 1 would need a lot of information myself. In the first 23 you're -- 24 place, 1 think it, in context he stated the, "Studies today 24 Q (By Mr.McCrea) With that? 25 would indicate that these PCBs are not and cannot be 25 A No, 1 don't agree with it. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 209 - 212 LEXOLDMONOQ6994 Page 213 Page 215 1 MR. CARNEY: And I'm going to object to your 1 Yes, that, we did have one for an entirely different 2 taking a 15 page document, reading one sentence totally out 2 product in which we were looking for a potential bladder 3 of context. If you're going to read from this document, 3 carcinogen, and that means you take urine, urine, 4 you're misleading the jury by reading sentences totally out 4 centerfuge it down, stain the sentiment and look for 5 of context. You're doing this throughout the deposition, 5 bladder cells. Now, first paragraph we go to,"Enclosed" - 6 and this is an example of it. That's not a proper way 6 Q Let me ask this. Does this relate to PCBs, 7 unless you've established that this witness is familiar 7 this document? 8 with the document or he authored the document or he 8 A 1 don't think so because the next one- 9 received the document. 9 Q All right. 10 A And here again 1 may further explain, you've 10 A You say, "Enclosed is a copy of the article on 11 got to read the sentence in front of it. Individuals -- 11 bladder cancer in the U. K. that 1 mentioned on the phone," 12 "Initial hearings were held in August to which a select few 12 and following that is this article 117, "Bladder Tumors in 13 individuals were invited to testify." Who were they? 1 13 the Electric Cable Industry," and 1 read that four 14 don't know. 14 different times and 1 don't see PCB in it at all. So 1 15 "PCB was brought out as an example of material 15 don't know what it's doing in here. 16 introduced in society and thought at one time to be most 16 Q At the bottom she says, "For the sake of 17 valuable, but is now considered a serious threat to all of 17 completeness, I'm also enclosing the summaries of two 18 us." Those aren't Papageorge's words. Those are these 18 articles which 1 am sure you have seen. Both articles 19 unnamed individuals who were invited to Senator Phillip 19 report some findings on Aroclor 1260 Lot AK-3." Do you 20 Hart's committee, and 1 don't agree with it at all. 20 know what she means by that? 21 MR. CARNEY: And 1 think this is just an 21 A 1 don't know. It certainly wasn't this one 22 example, Mr. McCrea, of how you're misleading the jury by 22 because this doesn't mention Aroclors or PCBs at all. 23 trying to infer that these were Papageorge's words. This 23 Q Then it says, "Let me know if you need any 24 is an example of the improper questioning of the witness by 24 Aroclor. We seem toto have more than sufficient for our 25 implying that it's Papageorge's words when now we read the 25 studies." Page 214 Page 216 1 sentence just before it and it's clear that they weren't 1 A 1 don't know what she meant. 1 mean - 2 Papageorge's words at all, but some unnamed individuals whci 2 Q Okay. 3 we don't even know the names of. 1 don't think the names 3 A And frankly this is, just to clarify this, 4 are in this memo. How can 1 cross examine some unnamed 4 this article that she says, "Enclosed is a copy of the 5 people? This is total, totally improper. 5 article on bladder cancer in the U. K. that 1 mentioned on 6 Q (By Mr. McCrea) Dr. Kelly, would you go to 6 the phone." That's Kimbrough to Levinskas, and the article 7 page 116? 7 under your plaintiffs exhibit pages 117 and 120 does not 8 A 16 this time. 8 mention Aroclor or PCBs any place. 9 Q Yes, sir. 9 Q 1 read those and that also is my 10 A Yes, sir. 10 understanding. 11 Q Can you identify the exhibit? 11 A Good. 12 A Yes. 1 haven't seen this until this trial. 12 MR. CARNEY: Are you saying -- 13 It's a letter from Dr. Kimbrough to Dr. George Levinskas of 13 A Why is it in there? 14 Monsanto dated October the 15th, 1971. 14 MR. CARNEY: The article that starts on page 15 Q Do you know what did -- in the second 15 117 of Exhibit Six is the enclosure. 16 paragraph, and you state you have not seen this until this 16 MR. McCREA: 1 don't know. 17 date? 17 MR. CARNEY: Okay. 18 A That's to the best of my recollection. 1 may 18 Q (By Mr. McCrea) But what 1 was concerned 19 have, but it doesn't fit itself in my consciousness. 19 with, Dr. Kelly, does this statement, "Does Monsanto have a 20 Q Okay. It says, "Does Monsanto have a cytology 20 cytology screening program," apply? 21 screening program?" Do you know what is meant by that? 21 A Yes, but not for PCB people. 22 A Yes. It means can you screen - 1 presume 22 Q What is cytology? What does that mean? Is 23 she's talking about bladders. Again, I'll answer this 23 that urine? 24 question and then I'll read the whole letter out. It says 24 A Looking at cells. It could be urine. It 25 here, "Does Monsanto have a cytology screening program?" 25 could be a pap stain from women for cancer. They cough up Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 213-216 LEXOLDMONOQ6995 Page 217 Page 219 1 stuff. That's cytology. You're looking for the stuff 1 sentences down from the first paragraph? It says, "A 2 that's under the microscope. 2 subsequent study revealed the presence of tetra- and 3 Q All right. Are you familiar with the article 3 pentachloridibenzofuran in Phenoclor and Clophen." 4 written by J. G. Vos and J. H. Koeman of which the, 1 guess 4 A Yes, sir. 5 you would call it an abstract, appears on page 121, but not 5 Q Is that a reference to what we earlier 6 the full article? 6 referred to as furans? 7 A Yes, sir, 1 am. 7 MR. CARNEY: I'm going to object. It may call 8 Q On this date do you recall if there was 8 for this witness to speculate. 9 anything in that article with which you disagreed? 9 A Yes, sir, but also this again is a fallacy of 10 A No, sir, 1 don't think so. 10 looking at the abstract because Phenoclor and Clophen are 11 Q Dr. Kelly, are you familiar with the article 11 either Italian, German or French pentachlorphenyl, and 12 written by J. G. Vos and R. P. Beems, B-e-e-m-s, that 12 during the body of this article he says we didn't find 13 appears on page 122 again in which only the abstract of the 13 these things in the Aroclor. That very little significant 14 article is provided and the full article is not? 14 statement is not listed in this abstract, but it's in the 15 A Am 1 familiar with it? 15 body of the literature. 16 Q Yes, sir. 16 Q All right, sir. 17 A Well, yes, but 1 believe on this particular 17 A Tetrachlorbenzenes in the European PCBs, not 18 one 1 would need more information if the next question is 18 in the Monsanto PCBs. 19 going to be do 1 agree with all the findings. 1 don't 19 Q But 1 believe- 20 know. 20 A Underthe analysis done in 1971. 21 MR. CARNEY: I'm going to object to the prior 21 Q 1 believe you stated Monsanto tested its PCBs 22 question where you asked if Dr. Kelly agreed with the prior 22 and did find furans? 23 article. He said he didn't disagree with it, but 1 think 23 A Later on, but this man did not find it. 24 that's an overbroad question because I'm sure it has at lot 24 Q All right, sir. And we've been over that; 25 of statements in it. We don't have the full article here, 25 fair? Page 218 Page 220 1 so 1 would object to the form of the question as being 1 A That doesn't mean we can't go over it again. 2 overbroad. 2 Q Will you turn to page 123? 3 Q (By Mr. McCrea) Do you recall the question as 3 A Yes, sir. 4 to the article on page 121, Dr. Kelly? 1 asked you if you 4 Q Do you recognize this document? 5 agreed with that article? 5 A 1 really don't. 6 A Well, 1 agreed with the abstract, but there 6 Q Do you recognize the names which are written 7 wasn't, 1 would have to know more about it from going over 7 on page 123, the last L-e-i-s-y it appears, Richard 8 the whole article to know if 1 agreed with his findings. 8 and the last one 1 can't read? 9 Q Fair statement, and 1 think that's an 9 A 1 recognize Richard here. As 1 said, he was 10 appropriate clarification. Now, Dr. Kelly, with respect to 10 in research before. 1 don't know the other people, but 11 the article on page 122 again with regard to the abstract, 11 obviously one's a general manufacturing superintendent of 12 is that information with which you were familiar during the 12 the East St. Louis plant and the other is a manufacturing 13 time you were with Monsanto as medical director and do you 13 manager which is right below him. 14 agree with the information contained in that abstract? 14 Q And in looking at this document, you do not 15 A Well, there again because he is talking 15 recognize it as having been something you have read before? 16 about -- 16 A 1 may have, but every department in the 17 MR. CARNEY: Objection to the form. It's 17 company has what they call their manufacturing processes, 18 compound, but go ahead. 18 and so 1 might very well have seen it. 19 A He is talking about, could be lesions, but 1 19 Q All right.Would you goto page 125? 20 would have know no more about them because that certainly 20 A Yes, sir. 21 has not been a very positive thing in the examination of 21 Q It has a Roman numeral three,"Toxicity" in 22 animal toxicity reports. 22 the middle of the page. Underneath that - You see that? 23 Q (By Mr. McCrea) Would you -- And we've got 23 A Yes. 24 some fine print here, Doctor, and your eyes are probably 24 Q Underneath that it says, "The following toxic 25 better than mine, but would you read the, what appear six 25 rating code will be used in describing the toxicity Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 217 - 220 LEXOLDMONOQ6996 Page 221 Page 223 1 these materials, 0 - none; 1 - slight; 2, moderate; 3, 1 MR. CARNEY: 1 take it your question is did 2 high' U - unknown." In the first chemical is -- 2 he see this document when he was employed? 3 MR. CARNEY: 1 don't have a record. I'm on 3 Q (By Mr. McCrea) Correct. 4 the wrong page. 4 A 1 really don't remember this at all. It 5 MR. McCREA: 125. 5 doesn't say who it's from. It doesn't say the date on it. 6 MR. CARNEY: Okay. 6 1 don't know anything about it. 7 MR. McCREA: Do you have 125? 7 MR. McCREA: All right. Do you see 8 MR. CARNEY: Yes, 1 have it now. 8 paragraph three? 9 Q (By Mr. McCrea) Then the first chemical which 9 A Which page? 10 they discuss is byphenyl, code 82601. Do you see that? 10 Q Page 130. 11 A Yes, sir. 11 A Yes, sir. 12 Q And in six it says, "Toxic Hazard Rating, 12 Q And does that state, at least in this 13 Acute Local: U." That means unknown. Is that correct? 13 document, "All plasticizer customers were notified on 14 A Yes. 14 December31, 1971 of our intention to discontinue PCT." 15 Q "Acute Systemic Ingestion, 3." That means 15 What does that stand for? 16 high; correct? 16 A 1 don't know what it means, but unless they 17 A Yes, that's what he says, but 1 don't agree 17 had a different name for the plasticizer use of PCBs. 1 18 with him at all. 18 don't know, but they're talking about PCB, so I'm sure that 19 Q "Inhalation"? 19 it's PCBs. 20 A Three. 20 Q Does that refresh your memory as to the plan 21 Q Three, high "Chronic Local: U," unknown. Do 21 of action with respect to eliminating the PCBs in 22 you not agree with that? 22 plasticizers? 23 A No. 23 A Well, yes, but 1 don't know if there were any 24 Q Categorization? 24 other plans. This is undated, so 1 mean, it's obviously 25 A It's - 25 sometime after December 31st, '71. 1 don't know if there Page 222 Page 224 1 MR. CARNEY: Let me object before you answer. 1 were other plans of action of which 1 wasn't privy. 1 may 2 A It's not a high toxicity. 2 not have known about it. 3 MR. CARNEY: Let me just object, Dr. Kelly, 3 Q All right. Will you go to page 131? 4 before you answer the question. 4 A Yes, sir. 5 A Okay. 5 Q The second to the last paragraph it is stated, 6 MR. CARNEY: This is a document that the 6 "We have been in close touch with the Federal Interagency 7 witness did not author. He doesn't know if he saw it while 7 Task Force under Dr. Edward J. Burger, Jr.'s direction. 8 he was employed by Monsanto. Some of the people that did 8 This task force, task force is preparing to issue a report 9 author it, 1 notice a Mr. Savage, 1 know he's still with 9 on PCBs about mid-February. We will be allowed to work 10 Monsanto, but, and you're obviously free to take the 10 with them in its preparation." Do you have any 11 depositions of people that have knowledge of this document. 11 understanding of Monsanto's involvement in working with the 12 This witness doesn't know about it. He would have to 12 Federal Interagency Task Force? 13 speculate as to what the authors meant by these 13 A No, sir, 1 was not involved with it. 1 may 14 designations, number one, and you know, we don't know 14 have seen reports, but 1 don't know Monsanto's involvement. 15 whether these - if we don't know what they meant by these 15 Q You go to 133? 16 designations, it's pretty hard to speculate as to the 16 A Beg your pardon? 17 significant of any of this. 1 think we've got the wrong 17 Q Page 133, Dr. Kelly? 18 witness again. 18 A Yes, sir. 19 Q (By Mr. McCrea) Do you know who -- This says, 19 Q Do you recognize this document? 20 "Prepared by: R. M. McCutchan." Do you know who he was, 20 A 1 recognize what it is. It's a letter from 21 Dr. Kelly? 21 Howard Bergen undated, obviously sometime before January 22 A No, 1 don't know who he is. He's not in the 22 the 15th, 1972. 1 don't know any more about it than that. 23 medical department. 23 Q All right. Were you aware that Monsanto was 24 Q Would you go to page 130? You recognize this 24 requiring its purchasers such as Westinghouse, General 25 document? 25 Electric, McGraw Edison to indemnify Monsanto in case Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 221 - 224 LEXOLDMONOQ6997 Page 225 Page 227 1 Monsanto got sued for PCB damage to the environment for 1 A Yes, the last 48 hours or 24 hours. 2 health effects? 2 Q But not while you were serving as medical 3 A No, sir, 1 wasn't. Is that in here? 3 director of Monsanto? 4 Q Yes, sir. 4 A Not that 1 recall. 1 found 93. 5 A No, sir, 1 don't know anything about that. 5 Q What's that? You found 93? 6 Q All right. Can you identify the document on 6 A 1 said 1 found number 93 that 1 was worried 7 page 141? 7 about. 8 A 41? 8 Q Would you like to go back and discuss it? 9 Q 141? 9 A No, thanks. 1 think we discussed it pretty 10 A Well, it's a letter from -- 10 fully. 11 MR. CARNEY: Well, again - 11 Q Would you go to page -- First of all, can you 12 Q (By Mr. McCrea) Can you identify it? Have 12 identify the document that appears on page 148? 13 you seen that before this date? 13 A Yes, sir. Page 148. 14 A 1 may have seen it. 1 saw it yesterday. 1 14 Q Yes, sir. 15 took this home last night, but 1 don't recall it, no. 15 A Did you ask me could 1 identify it? 16 Q Before that date did you see it? 16 Q Yes. Do you remember this document? 17 A No, 1 don't recall it. 17 A No, sir, 1 do not. 18 Q Do you have any working knowledge as you 18 Q All right. Will you go to page -- 19 testify here today about requests of the U. S. 19 A 1 saw no carbon on me on this. Yes, sir. 20 Environmental Protection Agency for a list of Monsanto's 20 Q All right. Would you go to page 151? 21 customers who purchased PCBs? 21 A Yes, sir. 22 A No, sir, 1 do not have a working knowledge. 22 Q The fourth paragraph on that page which 23 In fact, no knowledge at all. 23 begins, "On the basis of available evidence," do you see 24 Q Will you go to page 143? Do you know the 24 that? 25 gentleman who wrote this letter whose signature appears on 25 A Yes, sir. Page 226 Page 228 1 page 145? 1 Q It says, "On the basis of available evidence, 2 A Mr. T. Katayama? 2 it would appear that PCBs pose less of an acute toxic 3 Q Yes, sir. 3 health hazard than many substances not proposed for your 4 A No, sir, 1 do not. 4 list, and at the levels found in the total environment are 5 Q Is this a Monsanto Chemical Company document? 5 not a threat to public health. We believe these views 6 A Mitsubishi Monsanto. 1 don't know if that's 6 agree with the conclusions reached by the Interdepartmental 7 fully owned by Monsanto. 1 thought it was 50-50 or maybe 7 Task Force on PCBs in its report dated May 1972 8 it was 51-49. 1 don't know. 8 (CCN-72-10419)." Do you know who participated on the 9 MR. CARNEY: Don't speculate, Doctor. 9 Interdepartment Task Force in preparing that report? 10 A What? 10 MR. CARNEY: I'm going to object. It's again 11 MR. CARNEY: Don't speculate. 11 reading a sentence in a multipage letter that this wasn't 12 A 1 said 1 don't know, but it's not a Monsanto 12 authored by this witness or copied to him. 13 document. It's a Mitsubishi Monsanto Chemical Company. 13 Q (By Mr. McCrea) Do you know who participated 14 Q (By Mr. McCrea) He states on page 145, the 14 on the Interdepartmental Task Force? 15 second to the last paragraph, "The grand funeral of PCB in 15 A Well, the Interdepartmental Task Force is not 16 Japan is close at hand," and that was written on March 22, 16 a Monsanto task force. It's a government task force, so 1 17 1974. Did you have any knowledge as to the approach of the 17 do not know who those people are. Whether any Monsanto 18 Japanese with respect to PCBs on this date? 18 people were invited to participate, 1 don't know. 1 was 19 A No, sir, but you must remember, in Japan they 19 not. 1 don't recall anybody from the medical department. 20 had an awful lot of trouble from eating the material, 20 So the answer to your question is no, 1 don't know. 21 eating the Japanese material. 21 Q (By Mr. McCrea) All right, sir. Do you 22 Q All right. Can you go to 146? 22 recognize the document which begins on page 154 titled 23 A Yes, sir. 23 "Minutes of Meeting on Proposed PCB Effluent Standards, 24 Q Have you seen that article, that letter 24 February 28, 1974"? 25 written by W. B. Papageorge before this date? 25 A No, sir, 1 don't. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 225 - 228 LEXOLDMONOQ6998 Page 229 Page 231 1 Q On page 157 there's a reference to E. S. 1 take the position in 1974 that these qualifying phrases 2 Tucker. Was he the gentlemen who did your analytical 2 were not sufficient to establish -that because of these 3 analysis? 3 qualifying phrases, there was not sufficient data to set 4 A Yes, sir. That's Scott Tucker. 4 effluent standards for PCBs? 5 Q Did he do analytical analysis on PCB levels in 5 A 1 can't answer that because 1 do not know. 6 the blood of your workers on any other, on more than one 6 Q All right. Will you turn, please, to page 7 occasion or just the one occasion which he reported in 7 190? 8 1972? 8 A Yes, sir. 9 A As long as 1 was there that's all he did. 9 Q Does this post-date your employment at 10 Whether he did more after 1 left, 1 don't know. 10 Monsanto? The date on the top of the page 1 see is 11 Q Dr. Kelly, in this document, did you 11 December 9, 1974. 12 participate in this? 12 A Yes, it does, and whoever wrote it, obviously 13 A No, sir, 1 don't believe 1 did at all. 1 13 my departure didn't make much impression on them because he 14 don't think 1 ever saw it. 14 copied me in. 15 MR. McCREA: Break. 15 Q 1 didn't notice that. Where are you copied? 16 (Thereupon, a short recess was taken.) 16 A Right below Bratsch, Engman, Fort, Kelly, 17 Q (By Mr. McCrea) Dr. Kelly, 1 direct your 17 Levinskas and Savage. 18 attention to page 174, a document dated March 12, 1974. 18 Q All right. Did you get - Did you actually 19 A Page? 19 receive this document? 20 Q 174. 20 A No, sir. In fact, 1 don't - 21 A Yes, sir. 21 Q Do you know who authored this? 22 Q Is the author of that letter the attorney for 22 A 1 don't know. 23 Monsanto? 23 Q Is this a Monsanto form? 24 A He was one of them. He was our environmental 24 A Well, it's Monsanto stationery. 25 attorney. He's not associated with them anymore. 1 think 25 Q Is it a memorandum type form? Page 230 Page 232 1 he's in a private law practice. 1 A Yes, sir, interoffice communications. 2 Q The next page is the beginning of an affidavit 2 Q The names two and then there are six names 3 ofW. B. Papageorge? 3 including yourself. That is correct? 4 A Yes, sir. 4 A Yes. 5 Q And that affidavit goes to page 189 where it 5 Q Was it authored by Papageorge and Wheeler? 6 is signed. See that? 6 A 1 can't make -- 1 just don't know. 1 don't 7 A Yes, sir. 7 know who it is. 8 Q I'd like to ask you one question about the 8 Q All right? 9 affidavit, and that relates to the third paragraph on page 9 A Those two names are up there, but 1 don't 10 184. 10 know. I'd like to see the second page, but there isn't any 11 MR. CARNEY: Let me just state for the record 11 fall, any second part of it. 12 that this is an affidavit dated March 14, 1974. 12 Q This states paragraph two that -- In 13 Q (By Mr. McCrea) Dr. Kelly, do you have page 13 paragraph one it discusses a meeting with NIOSH. Can you 14 184? 14 explain to the jury the functions of NIOSH? 15 A Yes, sir, 1 do. 15 A It's the National Institute for Occupational 16 Q The third paragraph on page 184 states, "We 16 Safety and Health. It's a research arm of the government 17 note in 'Water Quality Criteria, 1972," in those sections 17 in the Department of Health, Education and Welfare. 18 pertaining to polychlorinated biphenyls, the frequent use 18 Q It says the original purpose was to explore 19 of unpublished data and the disturbing use of qualifying 19 whether Monsanto had a suitable occupational group for 20 phrases such as 'may adversely affect,"' which is in 20 study to assess the potential chronic affects of PCBs. To 21 quotes, "Apparently related," which is in quotes, or "The 21 your knowledge, before this date had there been any study 22 work suggests," which is in quotes. "In our opinion, none 22 of workers in America to determine chronic effects of PCBs? 23 of the questions present, present adequate data to 23 MR. CARNEY: I'm going to object to the form 24 support establishment of responsible effluent standard for 24 of the question as to what you mean by study. 25 PCBs." My question to you, Dr. Kelly, is: Did Monsanto 25 A Well, if you consider what 1 did when 1 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 229 - 232 LEXOLDMONOQ6999 Page 233 Page 235 1 examined the people who were presently working in the 1 MR. CARNEY: 1 don't know what you mean by 2 department, if that's called a study, fine. 1 don't know 2 agree with it. Did you read the words correctly? We're 3 when the Zack study was done. 1 don't know if that was 3 talking about a document. 4 before December. No, it wasn't done before December of 4 Q (By Mr. McCrea) You agree with the accuracy of 5 1974 because it was done after 1 left there. She wasn't 5 that statement? 6 there when 1 was there, so 1 would say mine was the only 6 MR. CARNEY: Well, I'm going to object for 7 one and that, as 1 said, it's not anything 1 would term a 7 the record that we're now getting into documents that 8 study. It was just a report on the health status of the 8 are, were generated after Dr. Kelly retired from Monsanto 9 present workers at the PCB plant of East St. Louis. 9 and reading out -- He didn't get the document. He didn't 10 Q All right. This says, "What this would 10 see it. He didn't write it. To ask him questions about 11 involve in obtaining work histories of time spent in PCB 11 documents will take an awfully long time that he didn't 12 departments and medical records of active and still-living 12 having any involvement with. 13 inactive employees." Is that correct? 13 A Will you ask -- May 1 answer now? 14 A Yes, sir. 14 Q (By Mr. McCrea) Yes, sir. 15 Q And they also make reference to examination of 15 A Well, this is by a Westinghouse staff 16 death records? 16 supervisor. He writes this on February the 3rd, 1975. 17 A Yes, sir. 17 There are at least three letters in this batch of exhibits 18 Q And they say, "The study was stimulated by a 18 on plaintiff's exhibit from Wheeler to Spiker in which we 19 report from Dr. Kimbrough, that she had found an alarming 19 have explained to him dating back as far back, 1 think, as 20 rate of liver cancers in rats fed Aroclor 1260." 20 1969 what the problem, what the problems were, the toxicity 21 A Yes, to the female rats, yes, none in the 21 were, the safe handling of data, the maximum allowable 22 males. 22 concentration, that was all given to him. 23 Q Do you know if Monsanto agreed to make their 23 Now, 1 don't know whether Albert was right or not 24 employees available for a suitable occupational study of 24 because it depends on what the exposure was. 1 don't know 25 the chronic effects of PCBs? 25 what his exposure was, so 1 don't know whether Mr. Albert Page 234 Page 236 1 A Oh, I'm sure they did because I've seen 1 was accurate in his statement or not, but he, Westinghouse 2 letters and 1 know that the people from NIOSH came down and 2 certainly had all the opportunity in the world to know 3 walked through the plant and said, "You don't have enough 3 about the toxicity of Inerteen because they even carried 4 people here. We don't think it's feasible to do it." Yes, 4 out some of their own work back before 1940. 5 we made everything available, everything they wanted. That 5 Q Do you agree -- 6 presumably, whether this caused Zack, caused the subsequent 6 MR. CARNEY: Just for the record, 1 think we 7 medical director to have Zack do it or not, 1 don't know. 7 ought to note that Albert doesn't appear to work in the 8 Q We go to page 191. 8 Bloomington plant. 9 A Yes, sir. 9 MR. McCREA: He works in South Boston, 10 Q Have you seen this document before today other 10 Virginia where they make PCB transformers. 11 than cursory review? 11 MR. CARNEY: 1 don't think any of the 12 MR. CARNEY: Again, 1 think all the documents 12 plaintiffs worked in that plant, just for the record, so 13 from page 190 through to 262 in the Exhibit Six now 13 the jury isn't confused. 14 post-date the retirement of Dr. Kelly, so 1 think 1 just 14 Q (By Mr. McCrea) Dr. Kelly, do you agree with the 15 note that for the record so that it might make things go a 15 accuracy of that statement? 16 little faster. 16 A Well, it all depends on what you mean. 1 17 Q (By Mr. McCrea) You see the second paragraph 17 don't know what his exposure level is. Suppose he has-- 18 on page 191, February 3, 1975, letter from Dan A. Albert to 18 If this were in our plant, 1 would have had a workplace 19 Papageorge? 19 meeting with our employees saying proper use of Interteen 20 A Yes, sir. 20 will present no real danger, yes, that's true. Unless you 21 Q It says, "We have in the past -- "We have had 21 eat it, so he -- 1 don't know if you, he said explaining 22 in the past workplace meetings with our employees 22 the proper use of Interteen that's used properly, there is 23 explaining proper use of Interteen and telling them unless 23 no real danger. 24 it is consumed, it presents no real danger to them." Do 24 Q Okay. Then you have to define what is meant 25 you agree with that statement? 25 by using it properly; correct? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 233 - 236 LEXOLDMON007000 Page 237 Page 239 1 A Well, using it according to our instructions 1 questions of Mr. Albert repeated in answers from Monsanto 2 is properly. 2 to Westinghouse? 3 Q All right. Will you go to page 192? Did 3 A Yes, sir. 4 anyone from Monsanto show you these questions shortly after 4 Q Is the answer to question one -- Do you agree 5 you finished working for them? 5 with the accuracy of the answer to question one? 6 A No, sir, not that 1 recall at all. 6 A May 1 read it? 7 Q Would you focus on question two? And this 7 Q Yes, sir. 8 comes from Westinghouse. Would you consider this a report 8 A Yes, 1 would agree with it. 1 don't believe 9 of problems? Question two, it says, "Several hourly 9 that 1 would say that polychlorinated biphenyls has not 10 employees have mentioned recently that many chemicals such 10 been recognized as skin irritants. It all really depends 11 as Interteen cause sterilization after a prolonged use. Is 11 if you consider paint remover on irritant. If you get that 12 this true?" 12 on your hands enough, it's literally efficient paint 13 A No, it's not true. 1 mean, is it true that 13 remover. 1 think it could detach your skin. With that 14 they mentioned it or is what? 14 exception, the rest of it looks all right with me. 15 Q No, is that true? 15 Q You agree with the, specifically with the last 16 A Is the statement true? 16 sentence in the next to the last paragraph, "Although 17 Q Right. 17 chloracne is difficult to evaluate in animals, in humans 18 A 1 don't know anything about Interteen causing 18 this takes the form of comedones (large blackheads with 19 sterilization. 19 typical acute pustules) and may be an external symptom of 20 Q All right. 20 overexposure preceding serious," and serious is 21 MR. CARNEY: Well, note for the record it 21 underscored, "liver injury"? 22 says, "Chemicals such as Interteen." It doesn't identify 22 A It may be and maybe not. The majority of the 23 the other chemicals. 23 chloracnes in industrial work have not been associated with 24 Q (By Mr. McCrea) All right. You go to 24 overexposure, but for the sense of completeness, he put it 25 question six. It says, "There is one employee in our plant 25 in. Page 238 Page 240 1 who had no problem whatsoever with Inerteen years ago. 1 Q You agree with the last sentence, "Animal data 2 After six years of using, now when he works in Inerteen 2 and human experience indicate that the toxic effects are 3 (which is a part of his job) he develops a swelling on the 3 similar whether exposure results from injection, inhalation 4 inner bicep of his left arm, only in one location. Could 4 of vapors or absorption of the liquid material through the 5 this be from Inerteen or not? It goes away as soon as he 5 unbroken skin"? 6 gets out of the Inerteen. It is similar to the swelling 6 A Yes, sir. 7 after taking an injection." 7 Q Question two says, "Several hourly employees 8 A Is there a question? 8 have mentioned recently that many chemicals such as 9 Q What would your response be to that question? 9 Inerteen cause sterilization after prolonged use. Is this 10 MR. CARNEY: If he had been employed at 10 true?" Answer: "There is no evidence that polychlorinated 11 Monsanto back then? 11 biphenyls cause sterilization in humans." 12 MR. McCREA: Correct. 12 A 1 agree with that. That's true. 13 MR. CARNEY: And got that question? 13 Q Is there evidence that polychlorinated 14 A 1 would say conceivably maybe he had an 14 biphenyls cause loss of libido? 15 allergic reaction. 1 do not know why it would be just on 15 A It had been reported by the workers. Whether 16 one spot on his arm unless he has got some job where he 16 it's true that that was the cause, 1 don't know. 17 leans on a rail or something in that job and he gets 17 Q Question three, "Since Inerteen affects birds 18 contamination, but 1 can't conceive of any other reason. 18 and other animals, if there is no real effects to human 19 An allergic local reaction comes and goes that way, and 19 beings, how do you explain it to employees in such a way 20 it's only in one spot. 20 that they will understand why it can kill a bird and not a 21 Q (By Mr. McCrea) All right. Will you go to 21 human?" Answer: "There is a potential real effect to 22 page 195? And that is a letter from Papageorge to Albert; 22 humans including death." Do you agree with that? 23 correct? 23 A Well, as discussed in number one. 24 A Yes, sir. 24 Q As discussed in the answer to question one. 25 Q Will you go to page 196? Do you see the 25 A Yes, but he could answer that, they could put Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 237 - 240 LEXOLDMON007001 Page 241 Page 243 1 that answer on to any industrial chemical made in the 1 Q Well, if it says chlorinated diphenyl, are 2 United States. Potential? What potential? One in a 2 they talking about chlorinated naphthalene? 3 million? It all depends on what you do with it. If you 3 A Every time they use the term chlorinated 4 take a bath in it, if you swallow it, a pint of it. So 4 diphenyl, they have proceeded it by saying naphthalene 5 that would -- That's my comment on that statement. Now, 5 and/or diphenyl. It's never -- There's nothing in the 6 you want the second part? 6 literature back in the '30s that said chlorinated diphenyl 7 Q 1 don't think there's a question. The second 7 alone. 8 part of the answer? 8 Q Question five: "Employees carry Inerteen home 9 A Yes. 9 on the soles of their shoes and complain quite a bit about 10 Q Would you like to comment on it? If you would 10 the affect Inerteen has on wearing out their shoes. Is 11 like to comment on it, you may. 1 don't have a question to 11 this a serious problem? Will Inerteen in the soles and 12 address to it. 12 leather of shoes over a long period of time have an effect 13 A Well, 1 think that they could probably explain 13 on the feet and skin since the shoe is the only protective 14 to them that the problem with the birds had been the 14 equipment we wear on our feet and the Inerteen penetrates 15 thinning of egg shells, and that particular mode of 15 through the leather?" 16 reproduction is certainly different than in humans. 16 Answer: "There should not be polychlorinated 17 Q All right. Question four, "If any employee 17 byphenyl on the floor for workmen to contaminate their 18 spills Inerteen on his clothing and later takes the 18 shoes to carry home. The plasticizer or solvent action 19 clothing home to be," 1 think that's washed, "With other 19 will destroy or shorten the life of the shoes. More 20 clothes, will this have any effect on he or his family and 20 importantly, the wearing of contaminated shoes could lead 21 should he carry his clothes home to be washed?" 21 absorption of the liquid through the soles of the feet 22 Answer: "There should not be any effect on an 22 as though, as through any other unbroken skin surface." 23 employee or his family from home laundering of work 23 A Yes, sir, 1 agree with that. 24 clothing. If washed with other clothing, there maybe be 24 Q Do you think it's a serious problem? 25 residual odor of the chlorinated hydrocarbons in the 25 A Well, if they -- it all depends. If it Page 242 Page 244 1 clothing." You agree with that answer? 1 happens all the time, certainly it's serious. 2 A Yes, sir. 2 Q Question six -- 3 Q Shouldn't Papageorge have told them that that's 3 A Also, if there's that much on the floor, 4 an unsafe practice for a worker to have PCBs on his 4 that's a serious problem. 5 clothing and that if a worker gets PCBs on his clothing, it 5 Q Questions six, we've already addressed that 6 should be changed immediately? 6 one, 1 believe. The answer to questions six which was the 7 A 1 think he answered the question that was 7 fellow that had had swelling in his arm, "We to not believe 8 asked him. 1 don't believe he wanted to go into a 8 there can be any association between a swelling of the 9 discourse about all safe handlings. Here is 12 questions 9 inner bicep of the arm and exposure to polychlorinated 10 they asked him and he gave information to non-technical 10 biphenyls." 11 people, person see he could answer the questions. 11 A Well, 1 would disagree with that. 1 think 1 12 Q Do you consider it safe for a worker to get 12 would say this man may be getting some of the transformer 13 Inerteen on his clothing and wear it? 13 fluid in this particular area and he's allergic to it. If 14 MR. CARNEY: That's not the question that was 14 it going away when he leaves and when he comes back it's in 15 asked here. 15 the same spot, that's an allergic reaction. It can't be 16 MR. McCREA: No, it's not. 16 anything else. 17 A It all depends how much. Yes, if his clothes 17 Q Questions seven: "Are there hand cleaning 18 were dredged with Inerteen, he shouldn't wear them, 18 solvent materials that we should be using when working in 19 certainly not. 19 Inerteen to coat our skin before working in it and to wash 20 Q (By Mr. McCrea) Are you familiar with 20 it off after we finish working in it? Please give your 21 articles in the literature back in the 1930s which stated 21 recommendation. Our employees working in Inerteen are not 22 that clothes worn by a worker should be washed separately 22 able to use gloves since it is an assembly area. Even if 23 from the family clothes? 23 they could, the Inerteen would destroy the protective 24 A They're talking about chlorinated naphthalene, 24 glove." 25 Mr. McCrea. 25 MR. CARNEY: Just so we're clear, Mr. McCrea, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 241 - 244 LEXOLDMON007002 Page 245 Page 247 1 you're not claiming that these questions are questions that 1 thing. 2 employees at the Bloomington plant had, are you? 2 Q You would define promptly as what, half hour? 3 Q (By Mr. McCrea) No. Answer: "We assume the 3 A No, promptly would be any reasonable man would 4 questions refers to the use of barrier creams rather than a 4 assume to be prompt. Now, 1 can't say because you weren't 5 hand cleaning solvent. There are a number of barrier 5 telling me how much is on the clothes. You're not telling 6 creams available to protect workers against water insoluble 6 me how far the man is from where he's going to change the 7 solvents. Probably the most effective include silicone to 7 clothes, if he's got a set of clothes right next to him or 8 provide an impenetrable shield. 1 problem with such creams 8 if he has to walk a quarter of a mile. So there are all 9 is that they may offer a false sense of security. Proper 9 sorts of variables, and 1 cannot quantify that. 10 use includes a discipline which requires liberal 10 Q Go to column two under B, "Special 11 application at the beginning of a work shift and after each 11 Procedures." Do you see that, the last paragraph? 12 washing of hands during the work day." Do you agree with 12 A Yes. 13 that answer? 13 Q The last sentence, "Persons with known liver 14 A Yes, sir, 1 agree with it. 1 also agree -- 1 14 disease should not be exposed to repeated contact with the 15 might be more positive in saying we really don't think the 15 chlorodiphenyls." Do you agree with that? 16 barrier creams are all that good, but if it's the best 16 MR. CARNEY: I'm going to object. It doesn't 17 you've got, do it. 1 also think that at that particular 17 define -- I'm sorry. Where are you reading from, the last? 18 time, I'm not sure whether Neopreen gloves were, could to 18 Okay. I'll withdraw the objection. 19 be used or not. 1 don't know whether that was in, could 19 A Now, again- 20 not be used, couldn't be used with Inerteen or not be 20 Q (By Mr. McCrea) Now, Dr. Kelly,do you agree 21 dissolved by the material. I'm not sure. 21 with the accuracy of that statement? 22 Q We go to page 199. Do you identify -- Do you 22 A Well, I've got to define what contact is - 1 23 recognize and can you identify the document? 23 mean, what repeated is. Is repeated every day for a year? 24 A Yes, this is the "Hygienic Guide Series" put out 24 1 don't think anybody should be exposed to repeated contact 25 the American Association of Industrial Hygiene on 25 with chlorodiphenyls whether they have liver disease or Page 246 Page 248 1 Chlorodiphenyls containing, 42, 54 and 42 percent chlorine. 1 not. We warn against repeated or prolonged skin contact. 2 Q We go to page 201. 2 Q Did Monsanto advise prospective employees of 3 A Yes, sir. 3 that particular special procedure? 4 Q Roman numeral four,"Medical Information, A, 4 A Well, we wanted them to avoid repeated 5 Emergency Treatment: Skin surface is exposed to 5 contact, so 1 think we were more conservative than these 6 Chlorodiphenyls:" That's PCB; correct? 6 people. They just said people with known liver disease 7 A Yes, sir. 7 should not be exposed. We say everybody should not be 8 Q "Should be thoroughly washed with soap and 8 exposed to repeated contact with chlorinated diphenyls. 9 water at once." Do you agree with that? 9 Q Did you screen potential employees by 10 A Yes, sir. 10 determining if they had known liver disease before they 11 Q "If clothing has been contaminated, it should 11 started working in PCBs? 12 be removed promptly." Do you agree with that? 12 A 1 think we gave these individuals the same 13 A Well, it all depends what you mean by promptly. 13 examination we gave any of our industrial workers. 14 1 mean, 1 wouldn't pull it off as though it had 14 Q I'll ask it one more time. 15 battery acid on it or something like that, but... 15 A Well - 16 Q Define promptly for us. 16 Q Did you screen prospective employees for the 17 A Well, 1 think you'd have to ask them how 17 existence of known liver disease before they started 18 they're using it. My idea of promptly might be entirely 18 working in PCBs at Monsanto Company? 19 different than theirs. 1 might say within a reasonable 19 MR. CARNEY: I'm going to object to it. You 20 time. Then he'll ask me what is reasonable. Well, if the 20 haven't spelled out the time frame. 21 man is going to go to lunch in a half an hour, he can 21 MR. McCREA: From 1936 to 1974. 22 certainly, depending on how much he's got on his clothes, 22 MR. CARNEY: And this question had been asked 23 he can wear it, use it for a half an hour. 23 and answered several times today. 24 Q So you would -- 24 A We did not screen the employees who worked in 25 A If it happens every day, that's a different 25 the PC department for liver disease any more than we Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 245 - 248 LEXOLDMON007003 Page 249 Page 251 1 screened anybody who came to work in the chemical plant for 1 results of their studies? 2 liver disease, pre-existing liver disease. 2 A Well, just a moment. 1 answer is yes, but you 3 Q (By Mr. McCrea) Would you turn to page 203? 3 have picked out one sentence and implied that they have 4 Have you examined in detail before today's date the 4 edited all these studies and there's two other articles or 5 documents relating to the IBT studies contracted between 5 two other reports he called the material non-carcinogenic. 6 Monsanto and IBT? 6 This one and 1254, he said slightly tumorigenic. So 7 A Well, what document do you mean, Mr. McCrea? 7 Lavinskas wrote them and said, "Let's get the wording 8 Do you mean the reports? 8 together on all the same." 9 Q Yes, sir. 9 As far as the company would be concerned, 1 think 10 A Well, the reports came before 1 left. 1 read 10 the sentence "does not appear to be carcinogenic" would be 11 the reports. There are other reports that came after 1 11 worse for Monsanto than slightly tumorigenic, and after 12 left. 12 all, the problems with the Aroclor, the discussion orthe 13 Q Have you seen this document and reviewed this 13 debate about the Aroclor toxicity studies was a presence or 14 document before today, the April 18, 1975 letter from J. C. 14 absence of carcinogen, of cancers. That was what -- They 15 Calandra to Dr. George Roush, Jr.? 15 were reviewing all the material to see does this material 16 A 1 don't think 1 have. 16 cause cancer in the livers of the rats. 17 Q Was Calandra indicated along with Wright for 17 So the answer then was if it doesn't say it - Now, 18 falsifying studies at IBT? 18 it might have been better to say slightly tumorigenic, but 19 A 1 don't know if he was. 19 does not appear to be carcinogenic, well, 1 don't think 20 Q Have you seen the document on page 204 before 20 that would hurt anybody, but 1 believe they wanted, if the 21 today which goes 204 through 208? 21 condition, if it were true in 40, in 60 and 42, and they 22 A 1 may have, but I'm not sure. 22 wanted the reports to read all the same if that were true. 23 Q Do you have any present recollection of having 23 Q Is that testimony based on information given 24 seen that document before today's date? 24 to you by George Lavinskas? 25 A 1 may have. 1 mean, 1 don't know. 25 A Yes, I've talked to George about it. Page 250 Page 252 1 Q All right. Fair answer. We go to page 209. 1 Q Did George know that slightly tumorigenic was 2 Before today's date, have you reviewed this document which 2 a positive finding indicating a positive result indicating 3 is a letter from George J. Levinskas to Dr. J. C. Calandra 3 a positive action by PCBs? 4 dated July 18, 1975? 4 A I'm sure he did, but remember, we are talking 5 A Again, 1 may have seen this in conjunction 5 about the problem and this was do these PCBs cause cancer 6 with some of these depositions, but 1 don't recall whether 6 in the liver of rats. Kimbrough said they do. Our work at 7 1 have seen it before. 1 believe 1 have seen, but 1 7 Bio-Test showed they don't. 8 don't recall when. 8 Q Would you also - 9 Q Have you seen the data on page 211 ? 9 MR. CARNEY: Would you let him finish? 10 A No, this 1 have no recollection of having 10 MR. McCREA: Yes, 1 will. 11 seen. 11 A And so tumor, slightly tumorigenic does not 12 Q Page 212. Have you seen this document dated 12 mean cancerous at all. 13 August 4, 1975 which is a letter from J. C. Calandra, 13 Q (By Mr. McCrea) What does it mean? 14 president of IBT, to Dr. George Lavinskas, manager, 14 A It means they are hepatomas which are, could 15 Environmental Assessment and Toxicology, Monsanto Company? 15 be considered a localized overgrowth of normal liver cells. 16 A Again 1 may have. 16 That's what hepatoma is. 17 Q Did J. C. Calandra agree to - In paragraph 17 Q Is that something that is unwanted in a liver? 18 one he states, "We will amend our statement in the last 18 A Well, 1 think anything -- Yes, it's unwanted. 19 paragraph on page two of the Aroclor 1254 report to read, 19 Q What does not appear to be carcinogenic 20 quote, 'does not appear to be carcinogenic', quote, in 20 mean? 21 place of, quote, 'slightly tumorigenic', quote, as 21 A Does not look like it causes cancer. 22 requested." 22 Q Is that a negative finding? 23 A What was the question about that, that you - 23 A Well, 1 don't know. It's pretty positive. If 24 Q Are you familiar with the fact that your 24 you say, "1 don't believe there's any cancers here," that's 25 former company requested IBT to change the wording on the 25 pretty positive, isn't it? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 249 - 252 LEXOLDMON007004 Page 253 Page 255 1 Q Positive that it doesn't cause cancer? 1 Q And said, "Dr. Kelly, we've done a magnetic 2 A Yes, that's right. 2 resonance imaging on your grandchild and he has a slightly 3 Q But slightly tumorigenic is absolutely a 3 tumorigenic condition in his liver," would that concern 4 crystal clear communication that PCBs do, in fact, cause 4 you? 5 that? 5 A Certainly it would, but the point is you are 6 MR. CARNEY: Cause cancer? 6 talking about a completely different situation. On a 7 MR. McCREA: No. 7 magnetic resonance imaging you can't tell whether that 8 MR. CARNEY: In rats? 8 tumor is a cancer or not. Certainly it would concern me, 9 Q (By Mr. McCrea) Cause these slightly -- that 9 but here we have got microscopic sections which show that 10 PCBs are slightly tumorigenic? 10 it this is not a cancer. 11 ABut then we would have to get down to the 11 Q Dr. Kelly - 12 reports on the 1254, and let's see howmany there were here 12 MR. CARNEY: And we're talking about rats 13 and let's see whether that same English was used on 1260 13 here, not a grandchild. 14 and 1242. 14 MR. McCREA: We're talking about the word 15 Q It was, wasn't it? 15 slightly tumorigenic and the impact that would have on the 16 A Well, 1 don't know. Let's see it. 1 don't 16 reader. 17 know. 17 MR. CARNEY: But the slightly tumorigenic is a 18 Q All right. Go ahead. Look at it. 18 reference to a rat. 19 A Where is it? 19 MR. McCREA: Which Monsanto wants the public 20 Q They changed the wording in all the reports, 20 to accept as being valid with regard to conditions in human 21 didn't they? 21 health. 22 A No, 1 don't think so. 1 was just talking 22 MR. CARNEY: Well, 1 think - 1 don't think 23 here about 54. 23 Monsanto cares whether you use -- Does not appear to be 24 Q All right. You don't think they changed the 24 carcinogenic is not inconsistent or at odds with slightly 25 wording on any other reports? 25 tumorigenic. 1 think you're acting like these two phrases Page 254 Page 256 1 A Well, 1 don't know. Let's see the reports, 1 are at odds with each other, and 1 think Dr. Kelly is 2 Mr. McCrea. 2 saying they aren't. 3 Q All right. Well, let's go to the letter. 3 Q (By Mr. McCrea) We'll let a jury determine 4 MR. CARNEY: Mr. McCrea, the problem is you're 4 whether or not those mean the same thing. All right. Now, 5 showing him documents. This is six months at least after 5 with respect to whether or not they changed the wording on 6 Dr. Kelly retired from the company, and if you want to ask 6 other reports -- 7 him about what's in a report and whether it was changed or 7 A Who is they by the way? 8 not, 1 think you ought to show him the report. That would 8 Q IBT. 9 be the best evidence of it. Then we don't have to 9 A All right, all right. 10 speculate about whether it was changed or what it said. 10 Q At the insistence of Monsanto. 11 Q (By Mr. McCrea) Go to page 209 to determine 11 A Well, 1 don't know whether there's been any 12 whether or not Monsanto changed the wording on the reports 12 insistence. In the first place, he suggested it. In the 13 for 1242, 1254 and 1260. 13 second place, this letter that you wrote on July the, or 14 MR. CARNEY: Well, I'm going to object to 14 was written by George Lavinskas on July the 18th, 1975 said 15 Exhibit 209 indicating what was done on the reports. This 15 the previous conclusion of slightly tumorigenic was changed 16 is a letter from Dr. Lavinskas and Dr. Calandra. 1 think 16 to does not appear to be carcinogenic. Now, 1 don't know 17 the best evidence of whether a report was, some wording was 17 at whose insistence that was changed. Do you have a letter 18 changed -- 1 might add it's insignificant. 1 don't know 18 there showing that Lavinskas wrote them and said change 19 why we're wasting time on this slight word change, but the 19 these other two? 20 reports would be the best evidence. 20 Q Yes, 1 do. 21 Q (By Mr. McCrea) If a doctor came up to you 21 A May 1 see it? 22 and he said, "Dr. Kelly, we've done a" -- 22 Q All right. The second paragraph, Dr. Kelly, 23 A Which doctor by the way? Who? 23 of the July 18, 1975 letter was George J. Lavinskas to Dr. 24 Q If a doctor came up to you- 24 J. C. Calandra states, "In two instances, the previous 25 A Oh, okay. 25 conclusion of, quote, 'slightly tumorigenic,' quote, was Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 253 - 256 LEXOLDMON007005 Page 257 Page 259 1 changed to, quote, 'does not appear to be carcinogenic."' 1 it. They're running this test because there was a 2 MR. CARNEY: What page are you reading from? 2 reevaluation of the test because there was a dispute 3 Q (By Mr. McCrea) Page 209. "The latter phrase 3 whether these materials were carcinogenic, and if you're 4 is preferable. May we request that the Aroclor 1254 report 4 running a test looking for cancers and you don't find any, 5 be amended to say, quote, 'does not peer to be 5 1 think the thing to do it to say you don't, it isn't 6 carcinogenic."' That letter would indicate that two 6 carcinogenic. It think in the NCA work they said, with 7 previous conclusions were changed and that he is requesting 7 1250, NCI, National Cancer Institute, with 1254 they said 8 that a third change for Aroclor 1254? 8 under the, under the circumstances of this test, 1254 is 9 A It doesn't indicate that at all to me because 1 9 not carcinogenic. 10 don't know who changed that. It might very well be that 10 Q Is there a question to you, Dr. Kelly? 11 -- After all, they're in there testing for cancer, so it 11 A 1 thought there was. 12 might very well be that IBT decided we believe it's wiser 12 Q On Aroclor 1242 it supplemental report stated 13 to put down does not appear to be carcinogenic if you're 13 slight tumorigenic. The hand delivered report from 14 doing a carcinogen study, and they didn't do it on 54 and 14 Calandra was changed to does not appear carcinogenic. Is 15 that's why George wrote them and said the latter phrase is 15 that correct? 16 preferable, and 1 didn't see anything in there about 16 A That is correct on this statement, yes. 17 insistence on this stuff. 17 Q Dr. Kelly, have you ever requested a change in 18 Q Go to page 211. 18 a conclusion of a laboratory doing toxicological work? 19 A Yes, sir. 19 MR. CARNEY: You're implying that there was a 20 Q Does that show three columns, one, the 20 change in the conclusion. 1 think that mischaracterizes 21 product; two, the supplemental report that was mailed; and 21 the record. 22 three, the supplemental report that JCC delivered? 22 MR. McCREA: Well, 1 understand that your 23 A Yes, sir. 23 position is that the word slightly tumorigenic and does not 24 Q And for Aroclor 1260 did the mail report 24 appear carcinogenic mean exactly the same thing. 25 contain the conclusion slightly tumorigenic? 25 MR. CARNEY: No, what I'm saying is 1 don't Page 258 Page 260 1 A Yes, sir. 1 think they're inconsistent, you know. It's not like saying 2 MR. CARNEY: I'm going to object here. You're 2 it's carcinogenic and then saying it's not carcinogenic 3 looking on a summary of some reports and it seems to me it 3 which is, 1 think, the implication you're trying to give. 4 would be better to have the actual reports be the best 4 MR. McCREA: No, tumorigenic as opposed to not 5 evidence of what's in there. 5 causing cancer which he said is a positive finding. 6 Q (By Mr. McCrea) And did the supplemental 6 Tumorigenic is a positive finding which indicates a health 7 report which was delivered by Calandra contain the 7 problem. Does cause, does not appear, does not appear to 8 conclusion does not appear carcinogenic? 8 be carcinogenic indicates no health problem. 9 A Yes, sir, but it doesn't say at whose option 9 MR. CARNEY: Well - 10 this was put in. You were going to give me a letter where 10 MR. McCREA: Slightly. 11 Lavinskas wrote about 1260 or 1242 asking for a change in 11 A No, it doesn't. Are you quoting me? That 12 those two studies and -- 12 isn't what 1 said. 13 Q I'll try and locate that between now and 13 MR. McCREA: All right. 14 tomorrow. 14 A You are putting words that are entirely 15 A Fine. I'd be happy to see it. 15 different than 1 have testified to. 16 Q Aroclor 1254, the supplemental report which 16 Q (By Mr. McCrea) What does slightly 17 was mailed contained the conclusion slightly tumorigenic. 17 tumorigenic mean? 18 The supplemental report which was delivered also contained 18 A Means there is a small amount of tumors found 19 the phrase slightly tumorigenic. And do you understand by 19 in the test animals that were not malignant, were not 20 the letter of July 18 that Lavinskas is requesting a change 20 cancer. 21 of that conclusion for 1254 from slightly tumorigenic to 21 Q Is that a physiological change? 22 does not appear carcinogenic? 22 A It may be. 23 A It's not a change in the conclusion. What he 23 Q Is that a physio-- 24 is doing is saying, "Let's have all the reports read the 24 A And it may be pathological because after all, 25 same." If that's -- If they're not carcinogenic, let's say 25 hepatoma is made up of liver cells. It's not a change in Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 257 - 260 LEXOLDMON007006 Page 261 Page 263 1 the cell. It's made of liver cells, normal liver cells. 1 criteria document by NIOSH or not. 1 don't believe I've 2 Q Is that a change in the liver? 2 seen it in this form as we've got here, 28 pages. It 3 A Yes, it's a change in the liver. 3 doesn't say where it was published or anything else. 4 Q Is that a change in the liver caused by PCBs? 4 Q Would you go to page 229? 5 A It's caused by lots of things, but it could be 5 MR. CARNEY: Why don't we -- If we're going to 6 causes by PCBs, yes. 6 another page, we're almost finished with the tape, and it's 7 Q What does does not appear to be carcinogenic 7 about quarter till six. 1 think we've been going since 8 mean? 8 8:30 or close to that. That's when we were supposed to 9 A It means that it does not appear to be, that 9 start. 1 guess we got started a little bit late. 1 think 10 PCB does not appear to cause cancers in the test animal. 10 that's a pretty long day, and 1 believe just - 11 Q And from that can you determine if there were 11 MR. McCREA: Are you saying you'd like to 12 any changes in the liver? 12 stop? 1 mean, that's fine with me. 13 A No, sir Remember, we are looking to see 13 MR. CARNEY: Well, 1 think we're within a few 14 whether they're cancerous or not and you are quibbling 14 minutes of the end of the tape. 1 think you've indicated, 15 about phrases and I'm saying that here the National Cancer 15 so the jury will know when there's light at the end of the 16 Institute used the same phrase in describing 1254, does not 16 tunnel on this thing, that you've thought you could 17 appear to be carcinogenic under the details of, under the, 17 complete or you indicated you were sure you could complete 18 this program of their testing. They use that term. 18 this cross examination in three more hours. Is that 19 Q Did you -- Did Monsanto inform the government 19 correct? 20 of this change? 20 MR. McCREA: Correct. 21 A We gave the government every report we had. 21 MR. CARNEY: Okay. Why don't we quit for the 22 Q Dr. Kelly, has Monsanto made any independent 22 day. 23 reviews of the work done at IBT as a result of Paul 24 Wright's indictment? 23 MR. McCREA: Agreed. 24 ***** 25 MR. CARNEY: I'm going to object here. You're 25 Page 262 Page 264 1 now going back to IBT and 1 thought we covered that for a 1 COURT MEMO 2 couple of hours. 1 don't know what day it was, but one of 2 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 3 the last five days. 3 STATE OF MISSOURI 4 Q (By Mr. McCrea) If you know. 4 5 A 1 know only from an anecdotal point of view, 5 Glenn Brown, et al. vs. Monsanto Company 6 and my answer to that is they have, that they have reviewed 6 862-00694 7 and done work on the toxicological work on products of 7 8 theirs that were suspected or alleged by the government to 8 CERTIFICATE OF OFFICER AND 9 be affected by the IBT people. Neither of those two - One 9 STATEMENT OF DEPOSITION CHARGES 10 was TCC which is a soap bacteria stat and the other was an 10 11 agricultural chemical, and they, I've never seen any 11 DEPOSITION OF DR. R. EMMET KELLY 12 subsequent reports, but 1 have been told that the results 12 TAKEN ON BEHALF OF THE DEFENDANT 13 were consistent with what IBT found and PCB was not 13 6/15/1990 14 involved in the case, so they did not recheck it. 14 Name and address of person or firm having custody of 15 Q Dr. Kelly, would you go to page 224? Have you 15 the original transcript: 16 seen this document? 16 Amanda Russo 17 A 1 haven't got up to it yet. 17 Husch & Eppenberger 18 Q All right. 224. 18 190 Carondelet Plaza, Suite 600 19 A Yes, but I've got to see the document. 19 St. Louis, MO 63105 20 Q 1 understand. I'm trying to help you out on 20 21 the page. 21 22 A Well, 1 don't know what form I've seen this 22 23 document. It says, "Background Information on 23 24 Polychlorinated Biphenyls" by NIOSH. 1 don't know if that 24 25 was part of the material that went into the proposed 25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Pages 261 - 264 LEXOLDMON007007 Page 265 1 ORIGINAL TRANSCRIPT TAXED IN FAVOR OF: 2 Amanda Russo 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, 1 have hereunto set 16 mv hand and seal on this dav of 17 Commission expires 18 19 Notary Public 20 21 22 23 24 25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 Page 265 LEXOLDMON007008 [& -1964] Transcript Word Index & 115 & 2:21,25 264:17 265:3,12 0 0 181:15 116 214:7 117 215:12216:7,15 221:1 0.1 119 2:21 7:21 15:8,12 100:21 164:19 188:8,10 0.2 102:2,8,17,20 164:12 0.5 12 15:3 17:14 114:18 127:19 151:8,17 155:9 185:23 186:5 202:18,20 229:18 187:20 188:10 242:9 0.57 37:20 0.6 164:19 188:3,9 0.75 120 216:7 1200 5:18 121 22:11,12 38:6,7 217:5 218:4 1 122 1 217:13218:11 19:17 101:2 127:19221:1 123 1,100,000 220:2,7 148:6 1242 1,337 90:6 98:19 99:7 101:7 191 7 102:11,13 107:6 153:8,19 1 0 153:22,25 159:9,17,19,22 101:7 102:16 113:8 160:1,4,11,18 161:2,17 1/4,000 253:14 254:13 258:11 90:21 259:12 1:00 1248 133:20 153:8,23 10 125 188:25 220:19 221:5,7 10.0 1250 100:22 100 259:7 1254 2:25 76:16 181:15 193:24 90:7 98:17,24,24 99:7 203:8 205:11,12,14 100:22 101:7 102:11,13 10085 107:6 153:8 164:3 165:9 195 7 250:19251:6 253:12 101 13:10 254:13 257:4,8 258:16,21 259:7,8 261:16 1016 1254/1260 161:12,20,22,24,25 162:2,4 152:16 1629 1260 104 215:19 233:20 253:13 149:2 206:3 254:13 257:24 258:11 107 1264 182:2 205:21 101:3 11 1268 77:25 78:6,14 212:7 5:9 6:9,16 7:6,14 10:1 110 14:11 15:7 16:4 17:14 211:16212:7 98:23 99:3,3,7 100:23 114 107:6 207:19,22 13 18th 104:11 127:19 186:5 19:9 256:14 130 190 222:24 223:10 231:7 234:13 264:18 265:4 131 1907 224:3 2:12 133 191 224:15,17 234:8,18 14 192 182:1 205:21 208:4 230:12 237:3 141 1930s 225:7,9 242:21 143 1933 225:24 48:22 145 1936 226:1,14 18:5 19:8,9 23:24 27:22 146 68:19 128:9 248:21 226:22 1937 148 7:17 20:2 23:10 227:12,13 1938 14th 4:27:16 17:11 18:5 19:10 145:25 208:4,15,22 25:21,24 26:2 41:22 15 1940 1:162:11 4:1 18:5 20:5 236:4 75:7 86:15 106:22 127:20 1947 206:14 207:1,13 210:3 79:16 212:15213:2 195 150 238:22 170:10 171:11 1950 1506 85:24,25 1:26 1951 151 77:14 227:20 1953 154 96:4,6 228:22 1954 157 101:9 229:1 1955 15th 97:11 101:22 107:19 19:10 214:14 224:22 108:12 109:4,11 110:6 16 114:4 115:7 116:16,24 37:20 161:16 162:4,6,6 117:2 124:6 126:15,17 210:3 214:8 130:11 17 1957 150:15,21 66:17 174 1958 229:18,20 59:20 60:6,19 63:25 66:7 17th 67:3 152:5 1959 18 55:9 19:17 249:14 250:4 256:23 196 258:20 238:25 184 1960 230:10,14,16 43:15 189 1964 230:5 141:13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007009 [1967 -621-2571] 1967 2080 30s 49 165:8,13 168:3,5,6,11 148:6 243:6 55:10,11,11 73:1774:16 1968 209 30th 5 143:9 144:3,9 250:1 254:11,15 257:3 162:21 167:9 5 1969 20th 31 63:11,1266:11,1767:8 144:16 145:1,25 146:23 97:10 193:1 223:14 90:6,7 91:7 101:6 102:16 150:15,21 156:9 157:23 21 314 113:8 158:16,23 159:18 235:20 3:23 18:4,1620:11,16 1:28 50 1970 211 31st 27:4 29:11 59:18 77:3 145:19 160:6,10,14 161:21 250:9 257:18 162:21 164:21 165:9 166:8 212 127:18 223:25 33 167:7,9 172:17 188:25 50- 50 167:9 173:23 174:8 180:12 250:12 79:15 226:7 183:8,21 184:3 186:13 22 34 51 187:3 189:9 191:1 192:7,23 143:9 144:3 226:16 18:4 149:12 77:19 78:25 79:11 80:13 193:1,7 224 35 51- 49 1971 262:15,18 18:6,10,11,12,1720:9,11 226:8 182:1 194:8 195:4 196:22 229 20:17 104:12 105:18,20 515 200:3,4 202:9 203:5 204:7 263:4 107:9 128:17,18,25 1:26 265:13 205:21 208:4,4,15,23 23 rd 36 52 214:14 219:20 223:14 196:22 79:15 90:11 12:25 85:6 1972 24 37 53 224:22 228:7 229:8 230:17 227:1 20:3,4 89:12 90:25 1974 245t 38 54 114:5 128:9 226:17 228:24 56:22 4:14,17 18:23 20:5 23:10 90:7 92:6,19 98:19,25 229:18230:12231:1,11 233:5 248:21 246 88:6 39 90:12 114:5 102:16 246:1 253:23 257:14 1975 26 3rd 5460 234:18 235:16 249:14 5:7 6:8,17,22 7:20 12:18 145:1 235:16 6:5 15:21,25 16:6,14,16 250:4,13 256:14,23 13:6 195:4 200:3 202:9 4 17:14 1977 261 A 55 27:22 32:9,22 33:10,16 127:4 250:13 95:22 101:25 114:8 34:4,9 204:11 262 4,500 57 199 234:13 171:13 97:2,5 109:4 165:19 245:22 26th 40 58 1990 204:7 160:24 251:21 97:6 115:7 126:7 127:3,5 1:162:11 68:19 127:20 27 41 59 1st 5:11,14 13:15 14:6 162:8 225:8 133:18 134:2,5,10 19:8 2 2 79:15 102:13,24 221:1 20 43:17 108:12 109:4,11 110:6 115:7 124:6 164:14 186:13 189:9 192:7,22 193:7,7,14 200:24 210:2 20,000 106:22 28 146:23 228:24 263:2 28th 147:16 29 15:19 85:25 29th 85:24 2nd 194:8 3 42 6 19:1,15 90:8 98:20 102:17 246:1,1 251:21 43 17:18,24 20:25 21:2,6 22:9 6 15:4 173:13,18 6/15/1990 264:13 36:1 64:9,19,22 65:17 6:00 44 64:9 4465 5:12,15,176:5 18:18,21 46 2:11 60 134:6 251:21 600 135:6 264:18 265:4 201 3 73:9 78:7,9,9,13 61 246:2 144:16 187:5 215:19221:1 47 134:6 203 221:15 234:18 78:13 62 249:3 30 47402 6:13 204 8:17 10:20,24 15:24 160:24 2:22 621-2571 249:20,21 164:21 165:9 166:8 170:10 48 1:28 208 171:12 174:8 183:8,21 78:14 227:1 249:21 184:3 193:7 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007010 [63101 - affect] 63101 1:27 265:14 63102 2:26 63105 264:19 265:5 64 6:13 140:19 67 168:25 68 5:10 99:4 69 152:5 6th 194:8 7 7.5 65:5 70 76:15 141:19,21 149:5,5 700 265:13 70s 201:4 71 208:12 223:25 72 13:10 72-10419 228:8 75 65:5 78 143:3,4,12 79 143:20 8 8 98:13 160:6,10 161:21 8:00 2:11 8:30 263:8 80 144:13,15 81 145:3 82601 221:10 83 145:20,21 146:17 85 146:12,13,21 86 abstract adamant 148:3 217:5,13218:6,11,14 179:10 862-00694 219:10,14 add 1:6 2:6 264:6 accept 71:22 128:23 185:24 87 70:2 183:18 188:13 255:20 201:23 254:18 148:24 152:6 acceptable added 88 71:20 11:4 23:20 53:14 150:5 151:11,13202:13 accepted addition 89 103:13 203:22 24:1 47:22,25 132:25 151:6,11,22 152:10 accompanied 202:18,20 8th 52:23 additional 160:13 161:23 account 40:7 103:7 194:25 9 121:24 122:5 address 9 accuracy 89:12 92:6 145:2 196:22 231:11 90 162:11,12,15 188:7 166:6,7 188:5 66:21,22 209:15 235:4 236:15 239:5 247:21 accurate 92:9 145:14 150:20 151:3 207:11,14 209:22 241:12 264:14 addressed 183:7 202:19 244:5 91 236:1 adds 162:13 193:21 92 accurately 23:13 178:11 14:20 adequate 186:10 192:25 93 187:19 188:23 191:25 acid 230:23 81:3,3,5 89:7 167:22 adhesive 168:16 169:4 170:1 246:15 145:13 192:25 193:3 227:4,5,6 94 acknowledge 42:10 104:23 administered 7:7,24 8:2,21 10:25 11:1,2 193:19,23 194:2 95 194:22 acne 137:22,23,24 act 11:3 12:13 24:8 25:8,15 26:13 administration 97 195:19 196:20 11:18 acting 9:1,9,25 10:2,12 14:1 administrator 99 105:18 107:9 255:25 199:20 202:24 action admit 150:8,16 151:10,13,16,25 129:17 a 152:2,7 153:18 154:6 admitted a.m. 156:21 158:3,12 167:23 24:15 2:11 abdominal 176:21 185:23,25 200:20 adulterating 202:7,10,13,15 223:21 175:17 199:3 224:1 243:18 252:3 advantage ability actions 103:6 98:9 194:21 198:18 adverse able active 11:2,4 12:1445:1969:1 4:25 5:3 27:7 50:18 52:16 233:12 95:21 53:25 55:3 72:11 102:12 actively adversely 115:21 126:10 130:7 116:20 117:13 230:20 193:18 244:22 actor advice absence 60:15 98:1 251:14 acts advisable absolutely 15:15 101:23 191:6 13:23 14:22 203:19 253:3 actual advise absorbed 107:3 108:13 110:22 41:19 68:14,14 76:2 248:2 50:21 112:18 120:6 258:4 advised absorbing acute 74:23 95:4 22:18 37:25 81:8 221:13,15 affect absorption 228:2 239:19 110:17 175:14230:20 82:1 240:4 243:21 243:10 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007011 [affidavit - appears] affidavit ak amended answer (cont.) 182:1,1 230:2,5,9,12 215:19 257:5 75:17 80:17,25 86:18 87:12 afraid al america 88:3 92:14,16 94:20 96:14 158:15 1:4 2:4,17 264:5 85:16 232:22 99:14 104:1 106:19 107:10 age alabama american 108:3,17 114:15 115:2 89:3 43:11,13 44:10,25 74:5 245:25 120:11 124:24 125:4 128:8 agency 86:17 amount 128:21 130:21 131:11,12 174:20 199:21 225:20 alarming 15:3 90:15 96:9 100:14 131:25 137:25 150:2 agenda 233:19 101:12 108:5 113:19 153:17 155:24 166:24 152:15 albert 117:14,23 140:18 157:16 174:24 178:20 184:12 agent 234:18 235:23,25 236:7 211:13260:18 191:20 193:18201:6 54:4 55:5 238:22 239:1 amounts 206:18 208:21 209:2,6,7,24 aggressive alcohol 149:2 155:16 156:4 211:12 209:25 210:16,17,22 186:24 187:7,16 7:23,24 8:4,21 9:1,9,18,23 analysis 211:13214:23 222:1,4 ago 10:2,12 11:25 12:2,25 14:1 219:20 229:3,5 228:20 231:5 235:13 239:4 38:21 59:18 105:18,20 14:2,21 22:3,12 23:20 24:1 analyst 239:5 240:10,21,24,25 107:9 128:2,17,18,25 24:9 25:5,16 26:5,22 38:7 79:14 241:1,8,22 242:1,11 243:16 131:10,13 138:6 200:24 39:13 40:4,9 65:22 68:18 analytical 244:6 245:3,13 250:1 251:2 238:1 69:12 72:13,23 73:8 109:17 53:24 81:1 89:15 229:2,5 251:17 262:6 agree 120:24 analyze answered 8:25 9:4 11:21,24 12:3 13:3 alcoholic 50:4 53:20 39:18,22 41:3 55:1471:1,4 14:4 16:13,19 17:1 29:18 109:8 analyzed 71:18 127:14 128:14 242:7 29:1946:5 71:5 81:11 alive 50:3 248:23 82:13 83:12 84:3 86:7 201:3 analyzing answering 90:24 100:1,6 105:18 alleged 121:20 181:16 185:18 114:21 134:18 137:12 262:8 anecdotal answers 140:1 142:15 151:3 178:11 alleging 262:5 40:23 69:19 239:1 179:19 207:7 208:13 209:9 60:2 animal antedated 209:15 212:21,25 213:20 allergic 15:8 24:7,10 25:14 26:23 185:14 217:19218:14221:17,22 238:15,19 244:13,15 26:24 27:2 98:10 107:18 anticipated 228:6 234:25 235:2,4 236:5 allis 218:22 240:1 261:10 265:9 236:14 239:4,8,15 240:1,12 27:20 animals anybody 240:22 242:1 243:23 allow 7:21 8:3,5 9:10,22 14:17 9:5 15:6 26:8 68:3 96:17 245:12,14,14 246:9,12 69:20,24 71:17,21 126:14 22:13,16 26:12 37:23 38:8 97:25 228:19 247:24 249:1 247:15,20 250:17 allowable 65:7 103:20 178:8 180:6 251:20 agreed 63:24 66:16 73:5 82:9 239:17 240:18 260:19 anymore 185:15 217:22 218:5,6,8 87:17 100:21 101:1,10 anniston 190:8 229:25 233:23 263:23 104:14 118:22,25 119:3,24 43:10,13 44:10,25 73:14 anyway agricultural 120:1,18,21 121:6,25 74:5,24 75:2,8 76:5 85:16 23:2 46:16 51:3,6 54:1,18 57:5 122:10,13 125:2,6,9,13 85:17,22 86:10,17,20,24 apartment 58:2 189:11,13 262:11 126:2 132:13 235:21 87:2 148:7,18 93:1 agriculture allowed annual apologize 46:20 53:12 189:11,18 74:22 75:4 82:3 135:5 87:20 88:10 30:23 ahead 136:24 140:3,5,6 224:9 ansi apparently 31:25 40:18 209:23,25 alternate 205:20 8:14,20 9:3,3,20 12:22 13:1 210:13218:18253:18 150:17 answer 13:17 230:21 aid amanda 24:23 28:3 33:1,25 34:19 appear 93:2,3,4,5 264:16 265:2 35:2,10,12,14 36:21 39:1 18:17 218:25 228:2 236:7 air ambient 39:23,25 40:16 41:2,12,25 250:20 251:10,19 252:19 15:5,7 16:3 66:9,10 82:1,11 66:8,9 93:22,25 126:4 42:20 43:4,7 44:4 45:3,11 255:23 256:16 257:1,13 82:19 87:15 89:23 90:10,13 ambiguity 48:25 58:13 61:6,18,19,23 258:8,22 259:14,24 260:7,7 91:3 92:1 101:13 103:23 35:9 61:25 62:2,4,6,14,19 63:14 261:7,9,10,17 110:12,16 115:15,16 ambiguous 65:1 67:1,23 68:8 69:9,14 appeared 116:12 161:8 11:7 69:17,19,20,21,24,25 70:4 137:7 airline amend 70:5,6,9,18,21,25 71:6,7,12 appears 94:25 250:18 71:18,19,19,22,23 73:1 77:23 78:25 97:4 217:5,13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007012 [appears - background] appears (cont.) aroclor (cont.) assistant attorneys 220:7 225:25 227:12 164:3 166:12 178:7,16 134:23 106:3,8 apples 180:6 184:8 186:21 187:2 associate attributed 119:9 215:19,24 216:8 219:13 27:7 86:19 87:3 application 233:20 250:19251:12,13 associated august 115:15 191:17 192:2 257:4,8,24 258:16 259:12 20:10 45:1,15 229:25 194:7 213:12250:13 245:11 aroclors 239:23 authenticated applications 6:7 73:14 74:5 78:10 91:1 association 144:6 124:13,20 129:14 145:10 96:10,15,18,25 107:3 27:14,17 194:7 244:8 author 145:17 110:22 112:18 134:22 245:25 83:9 97:14 111:23 134:22 applied 148:15 151:1 153:13 assume 222:7,9 229:22 102:11 215:22 18:5 83:10 127:4 134:18 authored applies article 136:23 143:22 201:23 116:25 124:13 128:9 102:10 145:12 3:8,11 4:21,24 6:18 7:17 245:3 247:4 130:17213:8 228:12 apply 57:15 79:2 83:9,15,18 assumed 231:21 232:5 102:9 216:20 88:19 137:6,20 138:18,20 155:2 authority appreciate 215:10,12 216:4,5,6,14 assuming 80:2 85:3,5 143:2 179:13 36:21 63:7 217:3,6,9,11,14,14,23,25 171:7 authors approach 218:4,5,8,11 219:12 226:24 assumption 222:13 226:17 articles 24:20 27:16 availability appropriate 10:18215:18,18242:21 assumptions 150:16 20:6 144:7 207:12 218:10 251:4 10:6 200:17 available appropriation ashes assure 53:24 150:19,25 227:23 148:5 53:22 151:15 152:9 179:5 228:1 233:24 234:5 245:6 approve asked ate average 130:14 3:14 30:5,12 43:24,25 170:22 37:19 87:25 88:4 98:20 approximately 59:21 60:19 61:5 67:4 70:7 atmosphere 162:6 92:8 70:11 73:19 84:5 103:25 91:13,17 avoid april 105:9 120:12 131:9 168:6 atmospheric 44:22 69:2 71:20 94:22 143:9 144:3 145:25 146:23 169:20,23 170:4 171:25 73:4 95:15 131:5 133:2 176:22 160:6,10,13 161:21,23 176:25 182:21,23 184:25 atoms 248:4 186:13 187:3 189:9 192:7 189:10 191:6 210:14 53:14 153:22 avoided 192:22,25 193:7 249:14 217:22 218:4 242:8,10,15 atrophy 95:19 area 248:22 22:18,24 23:19 24:9 25:14 aware 16:21 44:14 52:9 81:9 asking 26:5,22 27:3,8,13 28:21 136:1 193:16 199:24 87:10 90:22 244:13,22 12:8 16:9,1023:1025:12 29:3 37:25 110:2,3 199:10 201:12 224:23 areas 32:5 33:23 34:17 40:10 attachments awful 184:15 202:8 65:20 84:13,15 103:9,10 194:25 169:25 203:22 226:20 argue 107:8 121:10 127:21 attempted awfully 10:18 128:24 138:18 147:14,17 157:22 235:11 arm 147:20 168:14 177:9 232:16 238:4,16 244:7,9 181:11 204:3 207:1 208:9 arms 208:11 209:8,12 258:11 67:18 68:7 asks arochlors 62:1 72:12 201:18 79:17 aspects aroclor 179:25 185:24 74:20 81:6 89:23 96:5,7 assembly 98:4,4,5,17,19 99:23 104:6 244:22 105:3,12 107:5,5 108:22 assess 110:9 112:4 114:11 115:10 232:20 115:18,24 123:18 131:21 assessment 131:24 135:4 146:7 148:6,8 250:15 148:19 149:2 152:16 153:7 assist 153:19,22,25 159:9,17,22 174:15 160:11 161:2,12,17,20 attend b 190:5 back attendance 144:3,5 200:8 attended 186:16 195:14 attention 23:9 33:1,25 35:2 39:2 48:6 58:8 61:19,21,23 62:1 71:10,13,21 78:9 81:20 106:17 107:9,13 115:6 123:6 146:7,16 159:23 10:23 20:16 92:7 95:24 112:23 113:13,18 118:10 118:14,21 119:5,23 120:18 122:12,20 145:2 151:22 211:16229:18 164:7 165:19 166:7 168:19 191:24 200:3 202:12 203:5 204:7 205:15,16,17 208:10 208:20 227:8 235:19,19 236:4 238:11 242:21 243:6 attorney 244:14 262:1 126:16 131:7 209:13 229:22,25 background 262:23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007013 [bacteria - brings] bacteria behalf bible 262:10 2:18 184:8 264:12 147:7 bad beings bicep 60:1568:23,23 81:6 175:12 208:3 209:18 211:4 240:19 238:4 244:9 badgering belief big 128:22 45:11 81:9 94:21 111:2 129:20 baker beliefs bill 79:15 180:24 195:1,14,17 197:25 ban believe billion 204:12,13 6:14 8:17 9:5 17:24 21:22 188:25 189:1 barrett 41:15 52:10 55:11 58:24 bio 97:9 102:19 103:7 106:13 59:8,13 64:4 70:12 71:6,6 252:7 110:7 115:8 165:23 72:9 73:6,7,21 81:17 83:1,8 biodegradable barrier 84:21 85:3 86:1 88:5 91:11 160:2,3 162:3 245:4,5,16 94:21 96:9 100:24 104:4 biodegradation base 105:11 106:4 113:17,22 153:7 59:16 113:18 116:22 117:16,25 118:1,4 biodegrade based 121:23 122:15 123:25 153:14 159:14,15 26:14,16 82:24 164:4 168:7 124:3 125:8 132:2 137:4 biopsies 251:23 140:14 143:1 147:12 52:2 54:22 basf 152:20 153:4 162:5 165:5 biopsy 56:24 168:22 173:19 174:9 52:5 basic 175:11,22 176:2 179:20,21 biphenyl 11:5 185:12,13,16 191:1 192:9 142:8,9,10,13,16,17,20 basis 195:23,25 196:6,11 199:19 biphenyls 104:24 179:5 192:2,20 206:1 208:19,23 210:11 230:18 239:9 240:11,14 193:13 199:6,14 227:23 217:17219:19,21 228:5 244:10 262:24 228:1 229:13 239:8 242:8 244:6,7 bird basp 250:7 251:20 252:24 240:20 57:3,21,25 257:12263:1,10 birds batch believes 98:11 155:23 158:14,15 235:17 71:7 240:17 241:14 bath bell bit 80:8 81:9 86:16 130:13 77:14 114:16 243:9 263:9 241:4 benefit black bathing 94:16 48:22 49:1,4 50:20 135:24 74:23 75:4 benignus blackhead battery 95:25 96:2,3,3,19 139:6,8,11 81:3 246:15 benzene blackheads beaker 5:21 15:14,15,20 20:1 24:2 136:15 137:1 139:4,13,14 80:9 25:3 98:7 99:10,12,12,14 139:24 140:2,8,10,12,14 beating 131:22,23 239:18 121:21 bergen bladder beems 150:8,10 163:1,12 176:10 215:2,5,11,12216:5 217:12 183:22 187:14 192:15 bladders beer 193:9 202:23 224:21 214:23 67:5 68:3,9,10,25 72:7 bernard blanket beg 194:4 179:7 224:16 best blew beginning 3:19,21 52:22 93:2 138:18 48:2 81:23 95:25 134:11 206:5 156:2 201:19214:18 blood 207:21 211:17 230:2 245:16 254:9,17,20 258:4 15:16 199:3 229:6 245:11 better bloomington begins 189:10 193:17,18218:25 2:22 34:4 59:19 60:1,6 18:10,18 89:13 227:23 251:18 258:4 62:21,25 63:6 76:20,23 228:22 236:8 245:2 blow 133:12 blumenthal 160:6 board 143:14,18 147:10 163:20 170:13 bock 143:14 147:5 body 95:5 133:15 198:18219:12 219:15 boiler 6:2 bore 200:22 bored 200:23 boss 163:3 boston 236:9 bottom 8:11 12:18 13:6 14:16 19:15 125:24 134:10 143:21 149:1 150:7 159:8 196:19,23 207:21 210:18 215:16 bottoms 6:2,4 brain 53:1 bratsch 231:16 break 41:8 79:10 80:10 87:16 114:22 115:4 133:19 134:1 191:22 229:15 breathe 17:16 83:22 84:2 131:4 133:1,1 breathed 15:11 breathes 66:9,10 breathing 67:18 95:16,19 96:12 brief 138:19 148:13 briefly 5:196:9 bring 10:23 11:9,10 131:16210:9 brings 178:3 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007014 [broadway - cause] broadway call (cont.) carbonaceous carney (cont.) 2:25 219:7 220:17 50:20 193:22 197:7,9,12,16,19 broke called carbonless 198:5 200:2,16 201:23 56:3 4:17 5:5 6:1,7 58:23 59:20 149:16 150:4 191:21 192:3 202:18 203:3 204:2,15 brought 60:5,19 62:9 63:8,11 66:7 192:20 205:4,16 206:22,25 207:6,9 20:15 131:20 179:18,20 67:3 86:1392:10 111:15 carcinogen 207:22 208:7,12,16 209:2,5 211:17,18212:1,3,4,5,6,18 135:20 137:5,9,9 156:2 215:3 251:14 257:14 209:20 210:1 211:19,22 213:15 163:6 191:5 233:2 251:5 carcinogenic 212:9,13,22 213:1,21 brown calling 250:20 251:5,10,19 252:19 216:12,14,17217:21 1:4 2:4,17 79:18,24 81:7,17 124:22 162:9 198:6 255:24 256:16 257:1,6,13 218:17219:7221:3,6,8 264:5 calls 258:8,22,25 259:3,6,9,14 222:1,3,6 223:1 225:11 bryant 62:24 259:24 260:2,2,8 261:7,17 226:9,11 228:10 230:11 146:17 Cambridge card 232:23 234:12 235:1,6 bulletins 58:24 74:2 236:6,11 237:21 238:10,13 111:14,15,18 Campbell care 242:14 244:25 247:16 bunch 196:16 16:2,20 30:22 82:7 109:25 248:19,22 252:9 253:6,8 30:19 101:19 cancer 137:6 254:4,14 255:12,17,22 bundle 215:11 216:5,25 251:16 careless 257:2 258:2 259:19,25 54:16 252:5,21 253:1,6 255:8,10 81:11 260:9 261:25 263:5,13,21 burden 257:11 259:7 260:5,20 cares Carolina 12:15 261:15 255:23 196:6 burger cancerous carney carondelet 224:7 252:12261:14 2:24 3:14 7:25 9:14,17,22 264:18 265:4 burned cancers 10:4 11:6 12:5,21 13:3 16:7 carried 50:3 233:20 251:14 252:24 16:23 17:23 18:1,4,8 20:14 35:21 42:7 89:24 157:13 burning 259:4 261:10 20:15,20 21:15 22:25 23:7 159:5 187:16 236:3 151:2 cans 24:11 28:10,23 29:7,13,16 carriers business 67:4 68:2,10 69:4 72:6 29:18,22 30:4,9,13,19,22 181:2 76:25 149:2 151:14 152:8 capable 30:24 31:2,3,6,10,13,16,19 carry 160:4 265:11 123:21 31:24 32:10,17 33:4,11,17 241:21 243:8,18 buying capacitor 34:10,16,20 35:5 36:23 case 124:23 194:6 37:4,9,12,13 38:4,5,11,13 23:12 32:20 33:9 38:1 byphenyl capacitors 38:19 39:22,24,25 40:10,13 100:22,22 113:10,21 142:4,13 195:3,11 198:18 149:9,10 150:19 190:16,21 40:21,25 41:1,5 42:22 46:5 119:25 120:3,4,5,6,11,12 221:10 243:17 190:25 191:3,7,12 46:8,13 47:11 48:23 53:3,8 120:13,14 135:4,9,10 136:3 c capital cabinet 935 57:8 98:3 205:20 caption cabinets 93:2,3 cable 21513 6:8 17:19 18:16,18 20:6,8,9 20:12,16,21 21:2 64:19,21 77:24 79:1 85:8 205:19 captions calandra 249:15,17 250:3,13,17 254:16 256:24 258:7 259:14 calculate 79:2 carbohydrate 199:4 carbon 7:22,23 8:4,20 9:1,9,18,23 101:18 calculated 50:19 177:24 calculations 171:6 10:2,12 11:1,3,12,22 12:24 14:1,20 15:6 22:11 23:20 24:1,8 25:4,16 26:4,6,8,8 26:13,22 38:7 39:12 40:4,8 60:7,12,15,20,24 61:17 call 63:13,23 64:7,14 65:5,21 10:7 21:18 32:18 48:2 60:1 61:2 62:20 137:16 138:24 142:25 148:11 210:6 217:5 66:10,14,15,16 142:11 149:16 150:4 153:22 191:21 227:19 56:7 61:7,22 62:12 63:16 136:6,10 137:12,18 139:2 64:25 67:12,15,17,21 69:13 200:22 224:25 262:14 69:16 70:7,11,15 71:2,16 cases 72:25 73:18 75:25 78:18,23 3:16 27:3,9 28:21 46:25 79:4 84:5,12 85:24 92:11 54:24,25 55:1 123:13 124:9 92:13,21 93:14,24 94:13,15 128:12 134:20 137:23 105:17 107:7,22 108:24 138:10 114:13,21 115:1 119:6,9,18 cash 121:8,21 122:14 123:2,7 191:21 192:3 125:16,18,19,22 126:24 categorization 127:14 128:6,14,21 131:9 221:24 131:12 132:4,23 137:15 cattle 138:5,17 140:23 141:15 174:11 181:25 185:8 143:25 145:4 147:14,19,23 206:16 148:9 149:18,24 150:1 causal 151:5,18 155:12,20 157:2 29:2 157:24 158:21 160:22 causative 168:14 171:7,25 172:23 54:4 55:5 176:24 178:10,13 180:11 cause 181:10,18,21 182:2,9,17,20 2:6,15 12:14 13:8 21:9 183:4,10 188:15 191:18 23:19 26:22 37:23 43:20 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007015 [cause - close] cause (cont.) certainly (cont.) chemical (cont.) chlorodiphenyls 51:1753:1556:4,16,18 246:22 255:5,8 109:13 120:25 136:5,10 246:1,6 247:15,25 88:17 109:13 110:9 123:23 certificate 141:22 142:10 145:10 Christian 124:1 142:17 237:11 240:9 264:8 170:2 195:3,11 221:2,9 143:15 240:11,14,16251:16252:5 certify 226:5,13 241:1 249:1 chronic 253:1,4,6,9 260:7 261:10 71:8 262:11 221:21 232:20,22 233:25 caused chairman chemicals Cincinnati 29:4 47:15 50:14 52:17 143:13,18 147:6,10 62:16 102:9 108:4,5 133:6 89:25 108:13 113:4 118:3 139:3 challenge 163:5 167:21,22 237:10,22 circuit 166:22 175:20 197:1 234:6 58:25 59:6,10,15 237:23 240:8 1:1 2:1,15264:2 234:6 261:4,5 challenged chemist circulated causes 59:4,7,14 79:14 89:15 97:12 135:17 21:10 51:16 252:21 261:6 challenging chicken circumstances causing 31:19 196:17 42:20 259:8 123:21 158:14 237:18 Chalmers chickens cirrhosis 260:5 27:20 196:5,13 109:8,15,17 caution change chief citizen 81:10 123:7 55:22 58:16 71:22 74:21 79:18 183:12,14 cbm 75:3 76:10,23 77:1 86:15 children city 91:3,4 157:20 159:21 247:6 132:17,24 1:1 2:1,16 79:19 80:1 264:2 cc 250:25 254:19 256:18 chloracne claiming 22:11,12 38:7 257:8 258:11,20,23 259:17 45:18,19,25 46:4,12,25 245:1 ccn 259:20 260:21,25 261:2,3,4 47:4,6,6,22,25 48:4,12 clarification 228:8 261:20 50:14,17 52:20,21 54:8,9 218:10 cc's changed 54:21,22 56:3,5,19 58:18 clarify 65:5 242:6 253:20,24 254:7,10 134:18 136:5,11,13,17,19 3:5 24:19 54:15 62:8 216:3 cea 254:12,18 256:5,15,17 136:22 137:11,13,18 138:2 clarifying 148:6 257:1,7,10 259:14 138:23 139:2,10,11,13 63:7 cecil changes 140:9,15,18 198:21 239:17 classified 4:1 37:22 73:7 76:17,20 89:6 chloracnes 211:1 cell 261:12 239:23 clean 13:22 261:1 channel chloride 54:18 60:14 74:21,25 83:21 cells 153:20 65:6 84:20,20 130:12 13:9,17,20 22:4,4 52:11 charge chlorinated cleaning 215:5 216:24 252:15 147:8,11 150:13 166:18 4:18,19,22,25 5:5,5,8,12,15 50:19 185:20 244:17 245:5 260:25 261:1,1 173:1 179:25 180:21 5:16,17 6:2,3,5,6,9,13,20 cleanliness center charges 7:3,13 10:1 15:20,20 18:24 81:15 83:11,19 84:4,10,23 164:13 264:9 265:9,10 19:2,5,14,17,20,24 20:1 86:8 centerfuge Charlie 21:8,16,24 22:17,23 23:19 clear 215:4 143:13 147:9 23:22,23,25 24:2,2,4 25:2,3 23:2 33:23 37:14 53:10 certain charred 25:9,15 26:3,4 36:5 39:7 63:3 73:19 214:1 244:25 2:15 3:11 6:19 12:4,6,8 53:21 46:7 47:9 53:5 59:8,9 65:10 253:4 53:6 93:23 108:5 188:20 check 65:13 82:10 93:19 98:6,6,7 clearer certainly 3:15 98:18,19,20,20,25,25 99:4 177:6 15:9 60:11 61:23 83:6 91:7 checked 99:4,13 142:8 152:22,23 clearly 93:6,7 97:25 102:1 103:1 3:17,18 52:3 200:1 153:19,25 160:8,10,17 177:8 104:13 105:15 114:4 117:4 checking 161:1,15,16,22,24,25 162:1 clients 118:24 119:15 120:5 55:12 162:5 241:25 242:24 243:1 31:15 121:10 130:20 131:18 cheekbones 243:2,3,6 248:8 climb 137:22 155:6 156:17 139:5 chlorination 125:23 157:10 160:13 161:6 chemical 100:4 162:6 clophen 165:13 167:3 185:13,17 4:1 18:21,22 32:12 45:23 chlorine 219:3,10 193:15 194:20 198:13 46:17,20 50:7,13 51:3,7,17 5:9 6:13 93:19,20 94:19 close 199:11 200:23 206:1 52:8,1753:11,1254:1,18 99:1,5 142:6,8 159:24 16:16 46:17 90:11 224:6 211:10215:21 218:20 57:5 58:2 79:15 83:20 87:8 162:8 246:1 226:16 263:8 236:2 241:16 242:19 244:1 89:18 93:4 95:5 107:2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007016 [closed - congress] closed commenced complete concerning 190:17,22 161:19 46:25 47:1 78:21 263:17,17 100:19 closet commencement completed concerns 96:11,13 79:1 203:7 166:21 181:9 193:8,13 clothes comment completely conclude 50:21 68:7 74:21,25 75:3 241:5,10,11 18:22 52:3 53:21 59:16 37:19 38:20 75:12 76:23 77:2 86:15 comments 64:13 255:6 conclusion 92:24 241:20,21 242:17,22 123:2,4 completeness 8:25 9:12 25:22,25 256:15 242:23 246:22 247:5,7,7 commerce 215:17 239:24 256:25 257:25 258:8,17,21 clothing 195:2,10 composing 258:23 259:18,20 73:3 75:19,24 76:9,11,17 commission 5:10 conclusions 84:1 133:3 241:18,19,24,24 31:5,18265:17 composition 191:15,25 228:6 257:7 242:1,5,5,13 246:11 committed 35:20 concrete clued 79:6 compound 165:7 177:20 committee 4:24 5:9 6:9 7:6,14 10:1 concur coagulated 143:8 144:2 147:2,7,13 15:21 16:2,6,20,24 117:22 208:5,14,17,18,18 209:9 53:21 152:5 186:13 191:25 192:7 122:15 157:3 161:15 195:3 concurred coal 193:7 205:21 213:20 195:11 218:18 204:11,13 148:16 common compounds condemned coat 72:6 91:16 107:19 113:10 11:17 53:7 81:25 99:9 176:1,3,4,6,7 165:10 170:17 244:19 communicate 100:8 120:24 124:8 141:23 condition coated 44:9 102:18 172:14,21 154:25 10:25 11:1 21:1336:3 170:7 175:1,5 180:8,25 181:5 compounds's 48:14 64:17 68:12 94:24 coating communicated 11:19 122:6 123:22,25 124:11 51:14,17 52:14,15 145:13 46:22 102:19 compromise 138:3 139:17 140:2 251:21 166:13,13,15,21,24 167:19 communicating 26:12 255:3 coatings 111:22 163:24 computer conditions 130:23 communication 3:10 13:8 14:17 19:1642:8 cocktail 163:20 164:4,9,15 165:11 conceivably 53:17 54:20 55:16 66:20 24:3 65:9,11,12,15 165:17 174:7 182:16 122:3 238:14 85:22 88:24,25 93:23 94:12 code 183:21 253:4 conceive 120:23 123:23,24 255:20 163:16,17 220:25 221:10 communications 238:18 conduct cognizant 194:9 232:1 concentrate 30:731:1741:19 122:21 185:16 communitronics 100:21 101:11 156:25 156:10 204:22 colander 2:12 concentration conducted 185:10 companies 21:9 37:20 63:24 66:15,16 203:7 cold 27:23 95:12 194:5 73:5 82:10 87:18 89:23 conference 86:2 company 91:2 101:1 104:14 115:21 101:5 colon 1:7 2:7,18 4:1 15:18 35:22 117:6,10 119:4 120:2,21 confidential 115:13 74:9,13 78:3 79:3,15 89:18 121:25 125:9 126:11 130:8 140:22 141:5 column 96:16 107:2 116:5 124:6,22 235:22 configuration 6:4 142:16 195:24 196:19 135:13,15 141:3,6 143:8 concentrations 159:21 196:24,24 199:18 202:25 147:6,9,10 158:23 160:21 15:25 16:1,3,16,21 73:4 confined 247:10 160:24 163:5 196:16 202:6 104:5 105:12 115:15,16 63:18 96:11 133:2 columns 203:10,12,16,20 204:11 116:12 118:23,25 119:24 confirmed 257:20 220:17 226:5,13 248:18 120:18 121:7 122:10,13 36:15 combined 250:15,25 251:9 254:6 125:3,6,14 126:3 129:16 confuse 62:11 68:22,24 69:5,11 264:5 265:12 132:13 164:12,18 119:13,16 70:1071:13 compared concern confused combustion 142:13 19:4 112:5 158:16,23 236:13 49:24 51:5 52:8 complain 164:24 165:2 180:9 255:3,8 confusing comedones 243:9 concerned 188:7 202:4 239:18 complained 20:20 43:15 60:10 132:19 confusion coming 51:11 165:5 185:16 189:16 18:15 19:7 184:25 complaints 216:18251:9 congress 52:24 195:22 196:22 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007017 [congressional - course] congressional constant context corporation 195:22 196:1 199:12 200:6 67:13,14 16:8,11 100:18 209:9 210:3 2:12 32:8 135:2 186:13 congressman constantly 210:9,24 213:3,5 correct 194:10,14,17,21 195:8,21 67:17,18 continually 12:21 14:2,11,18,23 17:7,8 196:5,21 197:20,23 198:14 constitute 199:1 17:20 18:24 19:11,1820:6 199:24 200:4,18,24 201:21 82:14 continue 20:7 21:4 22:13 25:9 26:15 201:25 203:4 204:4,8 205:2 consulted 70:17 80:17 117:8 124:12 27:19 28:8 29:9 30:14,18 205:7 156:5 124:25 136:24 140:4,6,7 38:9 45:11 46:18 49:5,10 congressman's consumed 151:19 153:6 155:13 159:9 49:22 50:1 52:18 56:17 203:18 234:24 continued 65:23,25 66:18 69:15 74:8 congressmen consumers 3:1 7:20 77:25 78:5 117:11 77:25 78:16 89:11 91:18 200:12 149:22 190:16 94:17 99:7,8,25 100:5,9 conjunction consuming continues 102:3,4,5 118:15 127:2,4 250:5 72:13 73:6 127:17 130:24 134:24 connected consumption continuing 135:7 141:13,14,16,18,23 46:17 68:25 69:12 72:23 110:4 134:1 145:6 146:10,24 149:7,25 Connecticut contact contorting 163:14 164:17 167:10 138:13,25 28:15 31:18 82:3 131:6 122:18 177:17 178:4 180:15,17 connection 134:17 136:22 140:15 contract 181:6 184:19 186:14 77:15 112:7 121:5 122:23 173:6 174:19 247:14,22,24 59:12 75:9 173:3 190:19 192:4,5,7 193:10 194:20 248:1,5,8 contracted 195:5 202:21 221:13,16 connotation contacts 249:5 223:3 232:3 233:13 236:25 86:11 178:7 contribute 238:12,23 246:6 259:15,16 consciousness contain 109:10,11,15,17 263:19,20 214:19 257:25 258:7 contributes corrected consequence contained 159:10 65:23 94:24 176:23 78:21 162:7 165:9 218:14 control correctly consequences 258:17,18 154:5,11,17 155:7 158:5,7 12:24 13:3 96:1 102:6,7 69:10 89:10 132:21 container 189:7 190:10,18 190:20 235:2 conservative 80:9 controls correspond 248:5 containing 82:8 184:21 consider 131:22 203:8 246:1 convince corresponding 43:9 44:6 72:21,22 75:12 contains 121:4 159:2 75:19 86:23 87:4,6,9,19 107:23 158:1 convoluted cosmetics 88:9,13,16 92:18 93:10,12 contaminant 121:9 189:24 93:21 94:8 102:2 103:23 53:6 cooperate cost 108:6 156:23 172:17 contaminate 174:18 106:22 171:10,12,19 190:21 199:12,12 232:25 84:1 243:17 cooperative 177:12 178:1 237:8 239:11 242:12 contaminated 187:17 cough considerably 68:7 73:3 75:13,15 133:3 copied 216:25 187:6 165:5 173:20 177:15 196:6 228:12 231:14,15 counsel consideration 196:13 243:20 246:11 copies 3:17 32:3 121:12 122:1 155:10 contaminating 18:1 162:23 126:18 147:9 considered 176:20 206:16,16 copy count 76:1487:11 95:10 152:17 contamination 74:1597:12215:10216:4 125:21 199:3 212:20 213:17 252:15 68:15,17 81:12 83:24 84:18 copying counter considering 157:22 158:8,13 164:7 20:21 130:12 21:7 166:22 173:17 174:4,13 corner country considers 175:19 199:23 201:15 77:8 162:23 101:16 116:23 180:9,13 34:14 202:8 238:18 cornfeld 184:14 consistent contemplating 2:25 counts 110:21 139:6,13 262:13 187:20 corporate 125:22 consisting contemporaneous 143:7 144:1 147:1,6 152:4 couple 206:14 60:21 183:12,13 192:6 193:6 128:16 169:12 262:2 consists content 202:12 course 134:5 139:7 194:24 48:2 98:14 17:15 44:7 66:5 81:4 82:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007018 [course - departure] course (cont.) customers dated (cont.) define (cont.) 184:20 200:20 265:10 27:21 144:21 154:8,16,22 250:12 236:24 246:16 247:2,17,22 court 155:3,6 158:4,6 159:7 dating defined 1:1 2:1,16 24:22 32:25 178:6,16,23 179:4 184:8,10 235:19 107:4 108:14,15,16 110:23 33:24 35:1 39:1 41:11 187:8 201:18,20 202:7,16 david 112:5,10,19 160:16 42:25 69:24 70:3 71:9,10 202:17 223:13 225:21 2:20 definite 71:1280:22 120:7 121:15 cut day 35:19 37:21 55:1 110:19 123:1 128:8 209:24 210:16 114:15 115:1 2:12 38:21,22,23,23 67:5 definitely 264:1,2 cysts 67:20 68:7,25 72:7 74:22 15:25 16:14 courtroom 139:22,23 75:3,16,25 82:11,18 101:14 definition 207:10 cytology 122:2 127:17,17,20 128:3 109:20 covered 214:20,25 216:20,22 217:1 128:24 132:10 200:10 definitive 33:22 138:5 262:1 d 205:6 207:1 245:12 246:25 122:9 covering daily 247:23 262:2 263:10,22 degree 52:13 132:5 coving 138:8 cows 170:22 174:4 erases 3:21 crash 160:7,9,16,25 161:9 192:2 192:19,20 193:13 cream 86:2 creams 37:21 86:14 dairy 181:25 185:8 damage 8:14,20 9:3,20 13:1,23 14:22 15:9 21:9,10 22:1 121:6 225:1 265:16 8:14,22 9:15,21 12:19,22 days 13:1 21:9 22:1 137:4 180:7 6:1 7:21 12:25 13:10 15:8 degrees 15:12 38:21 122:19 128:1,2 54:23 135:6 138:6 193:7,14 262:3 delay deal 200:21 112:23 118:14 119:23 delivered dan 234:18 danger 96:18,22,25 234:24 236:20 236:23 dangers 120:17 180:4 dealing 53:17 81:18 84:20 185:23 death 199:10 233:16 240:22 debate 257:22 258:7,18 259:13 delivery 195:2,10 265:8 demean 198:6 demonstrated 245:4,6,8,16 credit 96:4,6,15,20 dare 71:4 251:13 debates 81:25 demyelination 91:16 criminal 128:17 dark 107:17 decernber 52:6 demyelinization 94:5 crisp 198:23 darn 50:3 criteria 230:17 263:1 cross 3:1 38:23 79:14 127:18 197:23 198:1 200:10 205:6 105:21 data 4:5 104:7 110:20 116:12 117:5,9 121:3 136:25 199:23 230:19,23 231:3 235:21 240:1 250:9 20:3 85:24,25 223:14,25 231:11 233:4,4 decide 114:22 123:12 137:24 decided 138:23 160:3 257:12 decision 4:7,9 113:11,18 191:13 51:1452:11 demyelinize 51:18 52:9 dental 189:22 deny 15:6 department 214:4 263:18 crystal date 19:9,23 20:5 55:8 57:14 192:19 decisions 27:9 60:7 61:2 79:19 86:11 87:3,23,23 88:1,5 89:20 253:4 cubic 15:5 37:20 63:12,13 66:11 66:1867:8 82:11,19 83:4 90:7,8,10,12,13,23 94:2,8 100:21 101:2 102:2,8,14,20 108:12 111:20 116:24 124:6,25 130:17 141:13 144:16,24 145:24 146:23 150:15 152:17 153:24 156:9 162:20 164:21 175:6 189:9 192:22 193:5 194:16 60:10 decrease 158:13,13 decreased 13:12 deemed 92:16 93:8,11 101:20 111:20 134:24 135:22 138:24 150:12 163:4,7,10 163:17,22 179:23,24,24 180:22 182:12 187:12 189:11,18220:16222:23 113:8,8 cursory 234:11 custody 264:14 customer 195:4 196:21 202:9 207:14 214:17217:8 223:5 225:13 225:16226:18,25 231:9,10 232:21 234:14 249:4,24 250:2 dated 101:24 defendant 1:8,15 2:8,18,18,23 264:12 defendants 113:20 defending 228:19 232:17 233:2 248:25 departments 27:10,11 44:19 89:1 93:9 233:12 department's 150:17 151:14 152:8 186:24 187:8,17 18:5 97:10 109:4 161:20 182:1 185:12 194:7 214:14 228:7 229:18 230:12 250:4 205:2,7 define 75:16 108:17,18 128:13 153:2 154:20 departure 231:13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007019 [depend - dissolved] depend detach difference (cont.) disagree (cont.) 43:4 239:13 111:2 112:2 123:16 141:20 198:10,11 199:14217:23 depending detail differences 244:11 85:19 89:3 246:22 58:22 249:4 100:16 197:3 disagreed depends details different 217:9 12:2 43:14 46:19 60:23,24 11:23 25:1026:18261:17 18:7 48:11 53:11 62:2 disagreement 61:16 68:11 81:8 82:22 determine 64:13 76:12,13,14 86:12 197:15 198:10 83:2,3,18 87:21,21 105:8 22:11 38:6 41:20 42:13 103:22 104:6 105:12 disappeared 137:21 139:18 198:22 43:11 52:16 103:10 105:3 132:20 159:1 164:8 198:7 13:12 235:24 236:16 239:10 110:8 118:2 156:11 159:9 211:5 212:10215:1,14 discharged 241:3 242:17 243:25 166:15 182:19 188:17 223:17 241:16 246:19,25 188:18 246:13 199:22 201:15202:7,15 255:6 260:15 disciplinary deposition 208:2 209:17 211:3,10 difficult 31:5,18 1:142:1028:5 30:1731:11 232:22 254:11 256:3 239:17 discipline 32:2 38:20 73:24 121:14 261:11 dilemma 245:10 127:22 128:12 134:8 determined 117:15,24 129:6,7 132:12 discontinue 135:11 177:10 200:9 3:19 10:10 13:2541:22 diminished 223:14 206:25 213:5 264:9,11 65:4 110:18 112:11 117:19 184:1 discontinued depositions 118:3 dioxin 159:16 105:25 222:11 250:6 determining 49:21 50:1,2,4,5,6 53:6,13 discourse depreciation 66:22 103:8 110:16 248:10 53:20,23,24,25 54:24 55:4 242:9 21:11 22:6 37:23 develop 55:12,15 56:18 discuss dermal 119:25 120:22 152:25 dioxins 9:8 64:3,4 96:19,22 131:7 67:8,10 153:1,3,5 161:20 192:19,19 47:16 193:12 195:13221:10 dermatitis developed diphenyl 227:8 81:1482:3 27:13 48:4,4 51:4 54:19,19 4:18,19,22,25 5:5,6,12,16 discussed describe 97:21,23 113:23 118:25 5:16 6:3,6,9,13 7:3,13 10:1 58:21 59:16 96:4,6 176:13 5:19 12:20 13:4 57:2,12 120:20 124:22 134:21 15:20,20 18:24 19:2,5,14 190:6 195:17 227:9 240:23 82:24 90:16 139:2 153:8,10 135:24 136:5,14 192:1 19:18,20,24 20:1 22:17,23 240:24 169:20,23 186:8 development 23:19,22,23,25 24:2,2,5 discusses described 106:14 143:8 144:1 147:1,7 25:3,3,9,15 26:3,4 59:8,9 232:13 7:9 12:18 13:6,8 22:17 152:4 82:10 93:19 98:6,6,19,20 discussing 34:23 65:17 99:23 106:15 develops 98:25 99:4 243:1,4,5,6 165:19 137:1 151:11 185:22 109:1 112:3 123:17238:3 diphenyls discussion 196:21 deviant 248:8 19:1,4 119:2 251:12 describes 82:22 dire discussions 14:13 197:1 deviate 52:23 131:15,17 describing 82:25,25 direct disease 7:13 80:13 220:25 261:16 deviated 95:24 174:19 198:18 21:12 36:3,6 39:8 40:2,6 description 82:23 211:16229:17 41:21 42:13 43:12,18,23 196:20 deviation directed 59:21 60:13 108:22,23 descriptive 82:21 92:18 104:5 105:11 109:3,5,9,19 112:4 113:3,4 85:22 100:14 136:12 diagnose directing 113:24,25 114:2 119:25 designations 59:23 137:22 139:10 151:21 120:20,22 122:11 123:18 222:14,16 diagnosed direction 156:25 247:14,25 248:6,10 desire 138:10,12 224:7 248:17,25 249:2,2 57:24 70:5 diagram directions diseases despite 4:17 77:1 95:20 110:1 125:1 dictated director disfiguring destroy 97:15 74:13 79:21 128:9 134:23 82:3 170:9,14,18,21 243:19 dictating 137:4 141:3 183:15 208:5 dispersal 244:23 98:1 218:13 227:3 234:7 151:2 destroyed dielectric dirt dispute 52:15 164:20 171:12 154:3 165:6 10:1571:5 212:16259:2 174:12 difference disagree dissolved 5:20 100:8,11,13,13 108:20 39:22 70:7 71:2 197:1,14 169:14 245:21 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007020 [dissolves - effect] dissolves document (cont.) dr (cont.) drugged 169:6 106:2 126:18,21 127:1,7 30:18 32:7 33:8 36:1,1,11 142:18 distilled 134:7 140:21,25 141:2,2,7 37:14 38:16,17 39:6 40:16 due 6:3 141:9,11,15,16 144:15,17 41:5,7,10,22 42:10 43:9 123:25 176:20 distilling 144:24 145:5,24 146:23 44:24 47:2 49:25 53:13 duration 6:4 147:4,15,19,24 150:7 56:24 57:6 58:20,25 64:6 87:25 distinctly 162:12,13 181:15 184:6 64:24 65:17 67:3 69:9 71:3 duties 91:1 194:1,24 196:3 199:13 71:7 72:12,22 73:22 79:9 74:13 distribute 205:19 206:14 207:2,7,13 80:12 83:9 84:13 89:19 dyphenyl 129:18 130:1 207:16,20 208:9 209:22 97:9,12,12 102:19 103:7 5:8______________________ distributed 210:3 213:2,3,8,8,9 215:7 105:10 106:13 110:7 115:6 e 115:19 118:8 126:8 129:21 220:4,14 222:6,11,25 223:2 115:8 119:19,22 124:4 earlier 130:5,23 184:15 distributers 116:10 distributing 223:13 224:19 225:6 226:5 226:13 227:12,16 228:22 229:11,18231:19234:10 235:3,9 245:23 249:7,13,14 127:6 128:8 129:1 131:15 131:21 133:23 136:7,25 141:1 144:1,6,9 148:3 151:21 160:5,6 162:7,12 22:2 53:7 73:23 100:3 107:18 110:24 121:23 185:22 193:14 219:5 early 119:12 distribution 74:2 distributor 116:21 124:23 disturbance 14:23 disturbing 249:20,24 250:2,12 262:16 262:19,23 263:1 documentation 161:10 documented 44:15 160:20 161:2,6 199:8 documents 79:5 126:25 127:3 201:16 163:20,25 164:5,9,12,24 165:11,22 174:7,15,19 198:23 earthshaking 177:8,11 182:10,11,14 131:19 183:7,14,20 184:7,24 easily 185:10,22 191:5,15,24 138:3 194:9 195:18 196:8 197:24 east 197:25 198:1,8 200:6,14,14 200:15 204:19 205:10 45:5 73:16 74:6 75:1 76:5,9 85:19,23 86:10,12,13 88:1 230:19 divided 50:9 division 30:1 79:19 148:5 163:5 234:12 235:7,11 249:5 254:5 dogs 203:10 doing 207:15 208:1,22 209:1,12 210:6 214:6,13,13216:19 88:6 92:9 94:16 220:12 233:9 217:11,22 218:4,10 222:3 easy 222:21 224:7,17 229:11,17 230:13,25 233:19 234:14 63:4 eat 186:17,23 187:11,12,15 192:10,13,16 203:22 dizziness 40:21 70:18 77:14 80:2 93:2 103:6 105:20 118:5 119:15,15 128:18 154:9 235:8 236:14 247:20 249:15 250:3,14 254:6,16 254:16,22 255:1,11 256:1 87:10 236:21 eating 74:24 226:20,21 50:14 doctor 5:7 6:25 10:3 11:8 14:8 24:1427:14 34:18 39:17 48:8 56:23 59:24,25 61:4 156:6 163:23 173:1 180:22 256:22,23 259:10,17 180:23 185:14 198:23 261:22 262:15 264:11 205:8 213:5 215:15257:14 dredged 258:24 259:18 242:18 don drink ed 143:14 147:5 edema 199:2 edison 61:25 62:8 69:18 71:17,21 146:19 73:9,19 104:18 105:23 donohue 67:4 69:3 73:8 132:17,24 drinker 27:20 224:25 edited 106:10 107:10,17 108:22 2:24 110:6 119:17 121:22 123:7 dose 4:1,4,14 6:10,18 7:20 8:2 9:5,10 10:6,8,10,19 12:18 251:4 editor 133:18 135:20 137:1,3,6,10 22:11,16,24 23:2 38:6 50:8 13:6 17:5 18:6 21:19 23:9 83:16 139:1 140:19,24 179:15,17 50:11,18 65:5,7,7 66:2 198:4 199:17 210:7,9 doses 212:16 218:24 226:9 22:21 65:21 254:21,23,24 doubt doctors 139:7 144:3 27:6,7 29:1 31:15 52:7 dozen 24:15 25:2,17,21,24 26:17 36:2,12 37:15 41:22 58:20 58:25 64:6 65:17 drinker's 16:1421:23 26:16 drinking educate 154:16,22 155:3 158:4,6 204:12 educated 155:6 education 198:6 doctor's 34:20 35:6 document 139:4 68:23 133:6 dr drinks 1:14 3:3,16,20,22 4:4 6:10 22:3 6:17 7:20 8:2 9:10 10:6,7,9 dropped 154:18 159:3,4 186:24 187:8,17 232:17 educational 159:5 38:15,16 44:16,18 64:24 73:12,20,22 74:12 77:5,21 77:22 78:2,15,21,25 79:4,8 80:13 97:4,14,17 105:24 10:10,23 12:18 13:6 16:13 16:14,19 17:5 18:1021:19 21:22 23:5,9,18 24:15 25:21,24 27:5 28:4,11,14 187:4 drug 109:24 127:22 142:22 203:22 edward 224:7 effect 11:2,5,12,22,25 12:4,10 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007021 [effect - examination] effect (cont.) elected enamel error 15:13 26:24 68:22 69:6,11 204:5 169:24 101:2 70:10 71:14 142:18,22 electric encased eruptions 198:12,21 199:9 208:3 27:20 28:1,18 29:23,24 93:1 198:24 209:17 211:4,11 240:21 30:1 34:8,13,22 35:7,18,19 enclosed escape 241:20,22 243:12 35:23 135:1 215:13 224:25 215:5,10 216:4 135:6 151:1 effective electrical enclosing essentially 245:7 16:18 30:15 148:23 194:7 215:17 9:12 160:7,16 effectively electrically enclosure establish 154:5,10,17 155:7 158:4,7 148:22 216:15 29:1 122:11 151:13 152:7 effects elements ends 160:23 231:2 6:19 12:14 45:20 69:1 82:2 142:10 196:24 established 82:6 95:21 98:10 107:18 elevated england 9:10 10:3,11 24:1428:11 108:13 117:19 118:2 15:11 17:17 45:17 83:22 102:1 103:2,3 116:1,2 28:11 82:8 90:6 101:5,8 140:17 155:10,15,19,22,22 84:2 95:16 96:12 131:3,4 124:17 129:11 165:24 140:24 169:8,9 177:5 156:3,11,15 158:17,24 133:1 english 188:25 189:2 204:6 208:8 159:6 165:3 196:21,25 eliminate 74:3,3,9 91:5 102:11,23,25 213:7 199:6 200:1 203:10,11 153:22 159:18,23 175:18 106:14 121:19 136:6 establishes 225:2 232:22 233:25 240:2 182:22 253:13 44:16 112:8 113:1 240:18 eliminated engman establishment efficient 191:12 231:16 230:24 239:12 eliminating enlargement estimate efficiently 182:3 223:21 203:9 175:4 21:10 22:6 37:23 elimination enter et effluent 183:6 119:2 1:4 2:4,17 264:5 155:1 188:24 228:23 ellenburg entire ethical 230:24 231:4 89:13,14 21:7 113:19 177:19 effluents elmer entirely ethyl 154:5,11,17 155:7 158:5 134:23 136:4 137:1 144:17 22:13 38:8 40:3,4 43:5 22:12 23:20 24:8 38:7 65:5 effort eloquently 53:11 65:6 76:12,13,13 european 154:10 172:21 173:3,5 183:8 123:23 200:20 215:1 219:17 194:17 else's 246:18 260:14 evaluate efforts 10:22 entitled 239:17 175:18 176:22 184:7 emergency 69:18 70:16 210:8 eventually 187:17 87:5,6,7 246:5 environment 159:16 egg 241:15 emmet 1:14264:11 105:2 133:4 146:9,11 150:23 151:16 152:10 everybody 26:7 44:5 124:7 125:22 eggs emphysema 153:14 154:9,14 204:10 179:12 248:7 158:14 89:5 225:1 228:4 evidence ehlets employed environmental 3:19 14:23 32:14,16 33:8 147:12 33:15 34:8 88:1 140:25 158:13 159:11 163:7,9 33:12,14,18 34:5,7,12,14 eight 222:8 223:2 238:10 177:19 179:25 185:24 35:17 113:10,19 121:24 67:5,20 68:2,7 82:10,18 employee 199:20 200:1 202:8,16 122:5,22 130:16 138:19 83:7 101:14 132:10 155:13 177:20 237:25 241:17,23 225:20 229:24 250:15 150:25 204:25 227:23 either employees enzymes 228:1 240:10,13 254:9,17 24:1 25:17 135:21 151:1 88:10,14,20 233:13,24 73:8 254:20 258:5 152:24 158:21 163:2 164:6 234:22 236:19 237:10 episode ex 164:9 167:15 169:13 240:7,19 243:8 244:21 56:24 57:1 31:17 219:11 245:2 248:2,9,16,24 eppenberger exact elaborate employment 2:24 264:17 265:3 110:25 111:1 71:22 41:20 42:12 43:11 231:9 equate exactly elaborated empty 211:11 20:19 28:19 55:8 103:17 190:7 125:25 equation 259:24 elastomer en 118:6 211:12 examination 145:13 195:24 equipment 3:1 7:22 38:24 68:12,13 92:7,12,15,20 243:14 87:20 200:10 205:6 218:21 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007022 [examination - falsifying] examination (cont.) 233:15 248:13 263:18 examinations 44:5 examine 45:10 88:23 197:23 198:1 200:18 214:4 examined 2:10 45:8 52:3 87:23 137:10 233:1 249:4 examining 45:8 200:6 example 82:9 212:1,18 213:6,15,22 213:24 examples 149:13 exceed 187:23,25 excellent 110:19 183:13 exception 124:20 206:11 239:14 excerpt 143:20,23,24 excessive 91:10 exchanges 37:21 exclude 35:8 excluding 34:10,11,24 35:5 excuse 88:10 172:2 199:17 executive 143:15 exercise 46:25 exhibit 3:23 18:2,11 19:1064:11 65:19 127:2 134:2,4,5 181:14214:11 216:7,15 234:13 235:18 254:15 exhibits 160:5 194:2 235:17 exist 126:6 existed 96:20,23 143:8 existence 248:17 existing 43:12 187:9 249:2 exists 161:10 expand explore external 62:2 148:18 153:6 232:18 239:19 expansion explosion extinguisher 148:7,8,17 47:15,17 48:2 49:24 52:21 93:7 expect 53:18 54:2,12,14,17 55:2,6 extra 64:17 55:8,17,25 56:20 57:4,21 20:21 144:19 expectations 58:1,5,5,12,12,13,14 extractability 115:16 exposed 179:5 expected 12:13 22:22 24:7 25:14 extreme 12:14 86:16,22 137:14 26:3,14,23 27:12 28:6 14:17 156:14,16,16 29:21 32:9,12,15 33:10,16 extremely expense 34:9 40:8,8 42:14 43:6 47:8 16:3,22 17:4 171:13 50:8,13 54:12,14 56:20 extremities experience 60:13 63:11 67:5 68:18 51:10,11,15 45:9 91:8 134:21 240:2 72:14 73:4 87:20 88:15 eye experienced 91:25 109:6 115:22 116:13 91:6 152:18 24:9 51:2,13 56:5 57:3 58:1 118:7 119:1 126:11 130:8 eyes 91:21 95:3 158:24 198:25 199:1 246:5 91:2,9,12,22 92:2,4 95:9 experiencing 247:14,24 248:7,8 218:24__________________ 51:24 exposing f experiment 7:17,20 10:24 15:4 19:8,16 22:18 23:21 25:9,11 26:17 26:18 37:6,10 experimentations 27:2 experiments 91:9 exposure 13:11,24 15:14,14 19:2 29:2 36:5 39:9 40:3,7 41:23 face 74:24 133:12 facilities 148:18 42:15,17,18,19,19 43:5,19 43:20 45:1,6,15 49:21 51:2 facility 204:1 60:2,20,21,24,25 61:6,10 fact 6:25 7:13 10:21 17:19 18:19 19:2,13 20:2 21:3 61:12,14,17 62:7,9,10,11 62:15 63:20 64:8,13,14 4:9 9:8 10:19 15:24 20:22 22:21 24:17 28:4,14 29:10 37:19 42:8 64:23 65:22 173:24 expert 67:7,9 68:24 69:3,8,11 72:5 72:10,15,21,22 73:2 81:8 87:21 88:17 89:10 92:3 29:11,15,17,20 30:25 35:6 63:2 117:9 125:1 126:17 137:7 147:20 162:7 170:15 123:12 expires 265:17 explain 6:108:19,24 11:1521:14 21:20 22:19,20,21 23:11 24:6 25:12,17,19,20 40:14 93:22 105:4 106:18 108:22 109:14 112:4,8 113:2,4 114:2 120:1 122:6,11 123:19 136:21,24 138:2 139:3,25 140:3,5,6,7 156:24 157:8,10,16 198:16 198:17 235:24,25 236:17 170:19 181:13 185:16 193:23 196:15 225:23 231:20 250:24 253:4 factories 37:24 factors 35:21 41:2 44:25 45:5,14 46:3,11 240:3 244:9 46:15,15,21,22 47:3 51:1 exposures facts 73:1 52:8 72:24 79:2 90:9,18 101:17 132:1 133:14 141:20 155:21 169:3 213:10232:14240:19 241:13 explained 63:14 expressed 139:24 166:20 193:14 expressing 193:8 expression fahrenheit 135:7,7 fair 24:19 37:15 218:9 219:25 250:1 falk 45:7,8 46:21 76:6,7 110:24 180:9 111:18235:19 extender explaining 189:9,14 40:12,1345:9 112:12 extenders 181:16 234:23 236:21 189:8 190:13 explanation extent 194:4 fall 232:11 fallacy 219:9 false 36:20 146:5 explanations 40:15 110:9 137:1 201:15 139:10 199:22 245:9 falsifying 249:18 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007023 [familiar - four] familiar feedback finished food 3:25 11:5 12:12 63:23 183:22 185:1 237:5 263:6 87:10,14 155:16 156:5 73:20,22 77:5 79:7 89:22 feeding fire 175:17 178:8 180:6 203:8 135:9 143:7 144:10 148:2 157:14 185:4 93:6 203:21 211:8 151:10 205:18,22,23 213:7 feel fires force 217:3,11,15218:12242:20 56:4,18 110:7,15 117:17 190:25 191:1,2,2 54:24 56:19 224:7,8,8,12 250:24 154:13 firm 228:7,9,14,15,16,16 family feels 2:21,24 264:14 forced 59:24,25 75:21 241:20,23 209:14 first 37:18 242:23 feet 13:7 18:11 21:5,16 23:5,14 forearms far 63:20 243:13,14,21 25:1 35:11 45:2 56:2 59:13 67:11 3:20 60:10 82:15 122:24 fellow 68:8 76:8,24 80:7 83:15 foreman 157:17 185:15,18 189:16 38:3 113:25 244:7 85:3 87:12 93:2,3,4,5 94:18 44:14 197:6 205:5 235:19 247:6 felt 96:8 112:9 115:8,8 127:5 foremen 251:9 64:7 96:20,23 114:7 118:9 137:3 146:16 163:19 34:13 farm female 176:23 180:18 188:6 forget 126:6 233:21 190:12 191:16 196:17 80:18,19,20 201:9 farmer fermentation 198:11 199:17 208:24 form 125:23 169:20,23 170:4 167:22 168:16 169:4 210:23 215:5 219:1 221:2,9 8:1 42:22 48:23 56:7 61:8 171:5,8 172:8,14,19 176:21 fermenting 227:11 256:12 62:12 65:11,12,15 72:25 176:23 177:2,2,8 184:18 167:20 fish 92:21 93:14,24 115:20 farmers field 98:11 188:17 126:10 130:7 157:2,24 125:18 172:22 173:3,6 51:21 176:19 187:10 fit 174:18208:21 218:1,17 180:8,13,25 187:9 fifth 214:19 231:23,25 232:23 239:18 farmer's 127:17,17 128:24 145:2,7 fitchu 262:22 263:2 174:21 200:10 205:6 207:1 184:24 185:10 formal fashion figure five 194:20 106:25 4:17 18:24 32:22 66:17 24:15 49:2,6 70:13 75:18 format fast 167:24 76:8 83:3,5,7 85:21 88:8 154:18 191:20 figures 120:23 131:9,13 159:23,24 formation faster 94:25 186:20 199:22 160:14 188:15 243:8 262:3 47:16 153:14 234:16 201:14,17 fix former fat film 94:9 250:25 174:4 196:17 206:17 flaked forming fatigue finally 167:15 15:16 48:13,16 50:15 56:5 90:6 flakes formulation fault find 169:13 206:15 117:1 165:8 166:12 172:18 105:21 128:15 8:7 41:24 45:10 49:23 flaking 178:7 179:6 favor 53:22,25 56:13 84:17 103:1 125:11 167:12 181:23 formulations 265:1 103:22 106:18 117:21 186:1 206:12 fda 137:18 160:8,10 161:1 flitcraft fort 164:21 184:21,24 185:2,5 166:23 219:12,22,23 259:4 143:19 231:16 185:11,19 187:19 finding floor found feasibility 104:5 105:11 114:3 252:2 201:5 243:17 244:3 6:14 100:4 101:20 104:17 155:15 252:22 260:5,6 fluid 135:25 159:15 160:2 164:2 feasible findings 244:13 165:16 166:14 227:4,5,6 189:3 234:4 59:1,6,8,10215:19217:19 fluids 228:4 233:19 260:18 february 218:8 149:8,11 262:13 224:9 228:24 234:18 fine focus foundation 235:16 11:10 92:5 122:1 133:21 237:7 124:10 140:24 144:1,2 fed 204:20 209:23 218:24 followed four 9:22 203:8 233:20 233:2 258:15 263:12 26:1939:1341:1677:1 15:19 39:2 52:1 67:4 68:4,5 federal finish 95:19 157:18 199:10 68:25 69:3 70:8,9,12,13,15 224:6,12 36:20,23 65:1 209:2,6 following 72:6 73:5 85:21 90:21 92:1 feed 244:20 252:9 18:1720:10209:11,11 106:24 109:3 110:22 178:8 180:6 215:12 220:24 112:17 120:23 122:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007024 [four - grocery] four (cont.) g given going (cont.) 154:16 158:3 160:14 177:9 gain 3:21 9:17 22:16,21,23 114:16,18,19 116:2 118:7 215:13 241:17 246:4 fourth 8:9 galvanized 26:25 33:565:7,10,11,15 68:21 69:10 73:1 89:9 121:8 122:14,21 128:1 130:11,12,13 132:4,15 100:6 202:25 227:22 frame 90:17 248:20 50:20 gamut 136:18 98:13 168:7 194:13210:15 235:22 251:23 gives 133:6,12 137:15 138:5,17 148:9,17,17 149:18 153:1 153:21 156:10 159:21 frank gas 108:21,22,25 112:4 123:18 160:1,22 172:23 176:23,24 72:11 93:6 94:25 198:16 177:9 178:6 181:15 185:1 frankly gasoline giving 185:19 197:16200:11 19:6 100:7 137:7 166:23 133:10 142:23,24 60:11 64:20 65:8 203:19,21 204:2 208:16,24 183:19201:3 216:3 gateway glad 209:9 210:1,17211:2 free 71:23 222:10 265:12 gathered 205:8 gleams 212:22 213:1,3 217:19,21 218:7 219:7 228:10 232:23 french 219:11 frequent 121:4 ge 28:1 129:9 157:10 152:18 glenn 1:4 2:4,17 264:5 235:6 244:14 246:21 247:6 247:16 248:19 254:14 258:2,10 261:25 262:1 230:18 general glove 263:5,7 frightening 27:20 28:17 29:23,23 30:1 244:24 good 197:6 198:12,13 fringe 34:8,13,22 35:7,18,19,23 gloves 52:21 86:3 136:2 137:13,17 244:22 245:18 3:3,4 8:16 59:24 64:16 68:3 105:21 113:9 154:3 175:15 76:15 137:22 138:4,12 147:9 go 183:12 189:19201:21 fringes 76:14 196:8 220:11 224:24 generated 7:25 14:6 17:18 18:11 23:8 210:18216:11 245:16 28:16 29:22 31:10,18,25 gore front 3:23 44:24 79:22 210:8 194:17 235:8 generic 37:17 40:18 48:6 50:15 59:24 64:19 70:15 72:8 265:12 gotten 213:11 full 21:17 98:5 gentleman 78:9,13 83:5 85:6 94:24 97:24 101:18 114:14,23 70:8 127:2 government 5:13 6:24 14:6 180:21,23 225:25 128:1 133:15 138:3,22 101:6 102:15 103:13 156:5 217:6,14,25 gentlemen 146:16 152:10,21 154:8 187:17 189:12,17 203:21 fully 77:7,12 143:12 229:2 170:2 172:16 193:19 228:16 232:16 261:19,21 204:11,13 226:7 227:10 fulminating george 214:13249:15250:3,14 194:22 197:3,5 199:16 262:8 200:9,11 202:24 209:21,23 gradual 110:4 251:24,25 252:1 256:14,23 209:25 210:13211:15 64:15 fume 257:15 214:6 215:5 218:18 220:1 gram 93:13,20,22 94:12,19 german 220:19 222:24 224:3,15 90:14,20,20 fumes 219:11 225:24 226:22 227:8,11,18 grams 17:1626:9 63:1895:16,19 germany 227:20 234:8,15 237:3,24 90:21 96:12 131:4 142:17,20,21 56:23 57:3 238:21,25 242:8 245:22 grand 142:24 169:25 170:1,1 getting 246:2,21 247:10 250:1 226:15 functional 70:22 86:5 87:14,14 125:11 253:18 254:3,11 257:18 grandchild 149:8 functions 127:15 132:6 146:7 164:25 167:21 168:25 169:1 181:9 262:15 263:4 god 255:2,13 granular 232:14 181:24 185:7,19 186:1 167:21 13:12,16 funeral 205:5 235:7 244:12 goes granularity 226:15 gillis 82:15 136:20 230:5 238:5 13:9 funerals 30:8 furans 143:16 147:7 give 32:7 40:22,23 49:20 61:4 238:19 249:21 goggles 94:22 grasping 32:24 great 219:6,22 further 61:19 62:2,18 68:24 69:13 going 69:25 72:11 81:24 88:10,14 5:3 10:4,18 11:6 12:21 16:2,20 100:8,10,12 112:23 118:14 119:23 120:17 35:5,12 118:2 213:10 furthermore 88:22 91:16 94:25 100:24 120:25 131:1 132:14 22:25 24:11 30:4,7,10,24 180:4 31:4 33:4 34:10 35:13 greatest 123:3 149:13201:16,20 205:16 38:14 47:5,18 58:15 60:7 156:24 future 244:20 258:10 260:3 61:7 63:16 69:20 70:23 grocery 117:19 130:22 71:5,17 81:6 92:3 107:7 129:24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007025 [grounds - householders] grounds happy hearing higher 46:13 11:10 31:23 36:24 49:20 61:24 16:1 122:3 187:6 group 60:17 62:17 63:25 64:2 hearings highly 7:14 14:7 44:25 64:3,4 67:1 75:7,17 80:6 154:1 213:12 211:1 112:25 151:14 152:8,20 189:17258:15 hearsay hill 177:19 184:14 232:19 harassing 197:22 163:20,24,25 164:5,9,12,15 groups 122:19 heart 165:11 174:8,15 38:2 182:24 hard 89:4 hill's guck 84:17 90:18 182:7 202:4 heat 174:20 50:3 222:16 15:7 81:4 135:5 136:8 histories guess hardy 149:10 190:16,22,23 191:3 233:11 22:5 88:7 109:23 167:25 97:12 196:7 history 172:16 200:4 217:4 263:9 harm heated 68:19 72:8 87:22 108:22 guide 8:14,22 9:2,10,17,21,25 81:11 135:6 112:4 113:3 123:18 134:21 245:24 10:11 12:17,19,22 13:2,5 heating hoc h 13:25 14:4 110:9 81:3 125:6 half 38:21 83:3 87:16 127:20 128:2 138:7 139:4 201:12 201 21 246 21 23 247 2 hallmark 45:19 hamer 77 ft hart's 213:20 hazard 173:19 198:12,14221:12 228:3 hazardous 46:18 hazards held 213:12 he'll 246:20 helmet 94:25 help 208:2 209:17 211:3,10 hand 77:8 142:16 162:22 195:24 74:19 77:25 78:4,5,15 197:6 262:20 helpful 226:16 244:17 245:5 259:13 265:16 handed head 80:23 21:23 63:19 135:21 159:23 hem 163:4,4 182:11 147:20 12625 handful heading 5:8 14:7 15:19 92:7,19 hep 109:23 2910 141:21 186:17 195:23 hepatitis handle 8:5 25:4 83:20 177:22 handled 81:16 83:12 84:24 183:13 18314 handling 35:21 41:16,18 81:12 202:25 heads 135:24 health 14:1821:11 22:6 27:9,10 37:24 54:5,6 57:2 69:10 79:19 85:8,10 107:18 45:24 59:21 109:7,7,8,10 109:12,13,24,25 110:4,4 120:24,24,25 121:1 136:5 136:11 hepatitises 110:5 hepatoma 157-17 235-21 handlings 110:13,17 117:19 118:2 252:16 260:25 122:24 135:21 155:9 156:3 hepatomas 242:9 156:21 158:17,24 163:21 252:14 hands 67:11 74:23 87:13 239:12 245 12 happen 24:6 31:12 58:15 74:15 165:2 170:13 173:8,9,12,19 herbert 173:22,25 196:21,25 160:6 204:11 225:2 228:3,5 herds 232:16,17 233:8 255:21 164:3 174:11 260:6,8 hereunto 108:21 112:3 113:23 123:17 happened 59:18 172:5 177:1 193:20 happening healthy 8:8 38:3 hear 158:21 175:24 204:25 heard 265:15 hey 137:10 hickey 139:9 91:18 23:13 40:15,16 61:23,24,24 high happens 21:12 36:2 190:23 244:1 69:25 96:25 121:13 165:14 6:2 16:15 93:25 100:22 189:21 194:19 221:2,16,21 222:2 55:23 hold 88:8 home 75:12,20 149:24 225:15 241:19,21,23 243:8,18 honorable 198:3 hope 31:7 119:14 hopelessly 33:6 hoping 80:20 hot 63:6 91:1 92:1 94:21 96:13 125:8 hour 67:5 75:25 82:10,18 83:3 87:16 101:14 122:2 132:6 246:21,23 247:2 hourly 237:9 240:7 hours 37:20 67:20 68:7 83:7 132:10 227:1,1 262:2 263:18 hour's 138:7 house 3:17 144:19,19,19 household 118:25 119:20 129:11,18 129:19 130:25 132:15,19 132:24 householder 130:17,19 householders 115:19 118:8 119:12,16 126:9 129:21,22 130:1,6 246:25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007026 [households - information] households idea inactive 115:25 119:7,7,8 10:21 76:21 141:5 169:2 233:13 housekeeping 189:13 190:14246:18 inadequate 47:1 141:21 identified 189:7 190:9 howard 33:6 inadvisable 98:12 224:21 identify 87:11 human 73:12 77:21 79:7 97:4,6 inch 107:18 155:9 156:21 165:2 135:12 137:14 144:15 127:3 173:8,9,12,21,25 196:20 146:16 147:4,15,15,17,19 inches 204:11 208:3 209:17 211:4 147:20 194:1,24 214:11 90:12,12 240:2,18,21 255:20 225:6,12 227:12,15 237:22 include humans 245:22,23 33:21 99:10 109:21 163:21 110:9 178:8 180:6 198:13 illinois 186:25 187:7 245:7 239:17 240:11,22 241:16 45:5 74:7 88:2,6 included hundred illness 34:17 109:20 49:3,7 83:5,6 53:15,18 87:2 124:2,2 includes hunk illnesses 163:22 187:1 245:10 53:22 72:7 including hurt imagine 32:10 65:21 99:11 232:3 251:20 142:25 167:14 170:12 240:22 hurting 178:24 inconsistent 13:19,22 imaging 255:24 260:1 husch 255:2,7 incorporated 2:24 264:17 265:3 immediately 67:22 97:17 145:11 hyaline 84:25 242:6 increase 13:16 impact 13:8 158:10 159:3,4 hydraulic 255:15 increased 149:11 impenetrable 100:4 158:16,22 199:3 hydrocarbon 245:8 indemnify 46:7 65:10,14 153:19 imperative 224:25 hydrocarbons 16:1 independent 6:20 21:8,17,24 36:5 39:7 implicate 19:22 261:22 47:9 53:5 152:22,23 241:25 55:18 independently hydrogen implicated 97:21,22 142:11 53:14 54:4 55:16 indiana hygiene implication 2:22 60:6 62:25 76:20,23 79:18 80:1,3 135:21 137:5 260:3 135:10,12,17,22 136:10 245:25 implied indicate hygienic 251:3 10:10 52:5 210:25 240:2 245:24 implying 257:6,9 hygienist 213:25 259:19 indicated 111:17 important 3:18 26:21 78:19 176:25 hygienists 93:8 101:24 166:15 167:2 186:16 187:20 200:10 82:7 101:6 102:16 179:1,22 184:19211:9 249:17 263:14,17 hypothesis importantly indicates 22:10 36:12,13,14,16 38:6 243:20 9:19 12:25 14:4 136:20 65:4 impression 190:6 260:6,8 hypothetical 63:5 231:13 indicating 120:5,14 improper 8:22 252:2,2 254:15 i ibt 203:15,25 249:5,6,18 250:14,25 256:8 257:12 261:23 262:1,9,13 ice 148:16 69:17,23,23 70:1 200:13,20 indication 204:17,21 213:24 214:5 14:22 91:22 136:23 140:2 improperly indictment 204:21 261:24 impurities individual 56:21 11:19 12:13,1521:11 32:8 35:18 36:2,6 37:8,11 73:2 individual (cont.) 108:21 112:3 113:23 114:3 123:17 138:2 individually 33:17 individuals 26:3 39:8 41:16 51:1 54:23 116:13 162:22,25 213:11 213:13,19214:2 248:12 individual's 87:13 indoor 96:5,7,10,15,18,20,23,25 industrial 79:18,25 80:3 82:7 101:6 102:16 104:7,9 105:13 106:16 108:4,4 111:17 115:14 119:8 120:20 124:7 124:20 125:1 132:20 133:4 133:6 135:21,25 137:4,5 138:14,24 158:24,25 189:6 190:1,4,9 199:11 239:23 241:1 245:25 248:13 industry 16:2,18,20 27:20 64:14,18 83:20 119:25 144:22 149:17,20,21,23 215:13 inerteen 236:3 238:1,2,5,6 240:9,17 241:18 242:13,18 243:8,10 243:11,14 244:19,21,23 245:20 infected 139:23 infectious 109:7,23 121:1 infer 213:23 inflammability 154:2 inflammatory 123:4 204:17 inform 111:4,9261:19 information 4:8,11 35:22 41:22 42:5,6 57:24 62:18 97:17,20 100:23,24 102:19 111:5,6 122:9 131:16 132:8 157:11 157:12 164:4 168:7 169:10 179:21 180:4 181:13 182:25 183:20 194:13 208:2 209:14,16 210:5,6,23 211:3,10217:18218:12,14 242:10 246:4 251:23 262:23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007027 [informations - jump] informations installation interteen italian 64:9 191:14 234:23 236:19,22 237:11 219:11 informed instance 237:18,22 itemization 35:20 59:20 60:6 66:8 14:10 intervals 151:23 ingested instances 7:21 87:24 itemizations 100:16 38:1 161:18256:24 interview 156:20 ingestion institute 29:23 31:14 itemized 156:4 221:15 52:2,7 232:15 259:7 261:16 interviewed 151:11 ingredient instruct 29:24 items 116:18 69:16,21 70:20 intoxication 155:9,12211:7 212:15 inhalation instructions 7:7 17:19 18:18 19:1621:3 71:20 237:1 24:7 64:15,23 65:22,24 insult 100:19 136:21 142:16,20 22:7 64:17 95:18 introduce 152:15 153:3 introduced jag 142:24 j 157:13 221:19 240:3 inhale 21:24,25 26:9 45:17 83:2 142:24 inhaled 21:8 22:16 37:20 66:4 insurance 181:2 integral 145:11 intelligent 127:24 159:6 195:7 212:1,19 213:16 introduction 195:2,2,10,10 investigate 117:18 22421 japan 226:16,19 japanese 226 18 21 inhaling 65:8 87:17 intended 26:10 investigated 60:4 25722 inhibition 199:4 initial 213:12 intention 223:14 intentional 108:25 investigation 51:20 196:9 invite 210:9 225 jersey 7916 initially 131:21 intentionally 119:15 invited 213:13,19228:18 105:21 238:3,16,17 injection 66:1 238:7 240:3 injure 36:5 interagency 224:6,12 interdepartment 228:9 involve 14712 233:11 involved jonnson 14618 16:24 17:16 172:17 184:16 injured 39:9,12 41:17 interdepartmental 228:6,14,15 193:16 224:13 262:14 involvement 3020 injury 21:13 26:20 36:4 39:14 interest 137:21 124:1 224:11,14 235:12 irrelevant QQ-1P 40:7 41:23 44:7 136:24 140:3,9,11,13 239:21 inner interested 204:10,24 interesting 123:2 irrespective 61:6 49:12,17 50:16 51:2,5,10 51 13 24 56 6 238:4 244:9 212:8 inside interior 21:18,22 28:13 32:19,21 165:7,10 84:13 116:13 117:1 125:17 interjecting 167:22 170:7 171:15 123:3 174:20 191:7 204:3,6 internally irritant 239:11 irritants 239:10 irritated 92:2 127:15 83:17 135:16,17 Jr 89:17 249:15 Jl . & 224:7 insignificant 136:1 254:18 26:10,10 133:4 interoffice irritating 91:2,6,17 200 22 207 11 insisted 76:6 81:16 83:11 84:23 insistence 256:10,12,17 257:17 232:1 interpret 84:10,17 interpretation irritation 91:9,12,21 92:4 94:23 95:4 95:8,13,17,20 irvin 122:6 judy 38 insoluble 245:6 inspired 82:1 84:16 interrupted 65:1 interrupting 2:14 issue 26:2 74:25 224:8 issued 19:8,1720:2 141:13 195:4 196:22 200:3 202:9 204:7 250:4 256:13,14,23 258:20 209:6 16:5 17:13 181:8 78:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007028 [june - lavinskas] june kelly's know (cont.) knowledge 1:162:11 127:19,19,19,19 3:16 40:16 204:19 106:10,19 107:3 109:18 29:3 34:18 35:17,19 92:16 juries kettering 110:22,25 111:1,16,18,19 98:2 107:19 143:24 160:20 112:22,24 113:3,13 118:13 52:1,7 89:24 97:24 103:12 112:6,9,14,18,20,21 113:15 167:25 168:7,11,15,23 119:2,23 120:17 123:12 106:22 115:21 116:1,9,19,20,24 178:22 195:6 196:12 jury key 117:5,12,12 118:6,9 119:1 197:24 201:19 222:11 12:20 13:4 21:14,21 22:19 72:19 119:3,14 122:22 123:11 225:18,22,23 226:17 24:6 25:13 38:10 40:22,23 kidneys 124:16,19,21,23,24 125:16 232:21 42:10 62:23 63:5,8 90:9,16 199:7 125:20 126:10,13,14,14 knowledgeable 90:19 101:17 112:25 113:7 kill 127:23,23 128:1 129:8,12 34:6,6 165:9,13,16 182:11 113:9 114:1,5 118:9 119:4 22:3 158:15 240:20 129:15,19,21 130:7,19,21 known 119:13 121:5,23 122:5,12 killer 130:22 131:20 132:12,14 120:1,21 195:3,11 224:2 122:20 123:4,24 124:3 46:20 134:20 137:8 138:16 139:8 247:13 248:6,10,17 128:13 141:20 182:14 kilogram 140:21 141:9 142:19,22,23 knows 186:8 200:22 204:24 207:8 22:12 38:8 65:6 143:14,23 144:5,18,22,23 72:10 123:4 167:21 183:16 207:10,12 209:15 210:15 kimbrough 145:16,18 146:3,5 148:20 koeman 213:4,22 232:14 236:13 214:13 216:6 233:19 252:6 148:23 150:1,3 152:25,25 217:4 256:3 263:15 kind 153:20,24 154:19,25 kountz jury's 64:12,14 210:5 155:14,19 157:8,9,16,25 146:17 94:15 205:9 kingdom 159:20,22 160:25 161:19 krummrich justified 74:10 162:10 166:4,11,13,13,20 73:15,15 74:6,20 75:5 117:17 118:1 132:3 kingshighway 166:23 167:9,13 168:1,3,9 85:18 92:10,22 93:15,16,17 k 2:13 168:12 169:9 170:25 171:2 94:13,14 95:3 104:8,17 katayama knew 171:4,8,19 172:4,5,7,8,10 kuhn 226:2 keep 26:1,1,11,14,17,19,21 27:1 27:22,23,24 28:6,6,14 29:1 172:11,11,13,23 173:7 146:17 174:1,5,11,14 175:3 176:2 kulifay 15:8 16:3,21 32:11 114:16 29:20 30:12 32:9,15,19,22 176:8,9,12 177:1,3,5,6,8,24 77:8_____________________ 114:19 33:9,12,15,17 34:8 35:7 178:2,13,17,18,19,21,23 I kelly 42:9 43:16 52:10 79:25 180:7 181:1,3,13 182:9,25 labels 1:14 3:3,20,22 10:9,23 108:12 125:2,2,5,7 128:10 183:15 184:1,11,12,16 76:3 16:13,19 18:1023:5,18 132:9,11 152:1 157:8,15,18 185:9,20 187:1,2,5,11 labor 27:5 28:4,11,14 32:7 33:8 161:9,11 168:4 173:23 188:4,21,24 189:21,25 27:10 36:1 38:16,17 39:6 41:5,7 41:10 42:10 43:9 44:24 179:12 181:4 184:24 186:3 know 190:12 193:15,15 196:18 laboratories 197:21,22,25 199:7,14 89:24 47:2 49:25 53:13 64:24 67:3 69:9 71:3,7 72:12,22 11:7 12:2,10,17 15:15,17 16:10 17:3 19:6 20:22 23:7 200:8,11,11 201:4,8 202:10 202:22 203:22 204:15 laboratory 81:2 97:23 103:12 106:22 73:22 79:9 80:12 83:9 84:13 105:10 115:6 119:19 119:22 124:4 127:6 128:8 129:1 131:21 133:23 136:25 141:1 144:1,6,9 148:3 151:21 160:5 162:7 23:8,11,14 24:3,13,20 25:21,24 26:17 27:12,15,17 27:25 28:5,9 30:2,6,10,20 31:25 32:20,22 33:11,13,19 34:5,16 35:8,24 38:24 42:15 43:22,24 44:1 47:5 205:4,8,24 207:2,9 208:7,9 211:4,25 213:14214:3,15 214:21 215:15,20,21,23 259:18 laland 30:18 216:1,16 217:20 218:7,8,20 220:10 222:7,9,12,14,14,15 lapse 19:12 222:19,20,22 223:6,16,18 large 162:12 164:24 177:8,11 48:25 49:1,7,15,25 50:2,6,6 223:23,25 224:14,22 225:5 38:2 96:9 100:14 157:11,15 182:11,14,14 183:7,14,20 50:7,8,11,22 51:19 53:23 225:24 226:6,8,12 228:8,13 239:18 184:7 185:22 191:5,15,24 194:9 195:18 196:8 197:24 55:7 56:25 57:6,14,19,21 57:22 58:3,5 60:18 62:15 228:17,18,20 229:10 231:5 231:21,22 232:6,7,10 233:2 larger 157:15 198:8 200:7,14,14,15 63:18,20 66:14,17,21 68:13 233:3,23 234:2,7 235:1,23 lasting 205:10 207:15 208:22 69:21,23,23 70:1,16 74:14 235:24,25 236:2,17,21 52:25 209:1,12 210:7 214:6 75:10,23 76:24 77:6,7,10 237:18 238:15 240:16 late 216:19217:11,22 218:4,10 77:12,14,15,18 78:4,19 245:19 249:19,25 252:1,23 117:24 263:9 222:3,21 224:17 229:11,17 79:5,8,24 83:14 84:6 85:2 253:16,17 254:1,18 256:11 lately 230:13,25 231:16 234:14 88:8 89:13,17,20 91:4,5 256:16 257:10 260:1 262:2 8:17 235:8 236:14 247:20 254:6 254:22 255:1,11 256:1,22 93:8 96:13,14 97:18 99:11 262:4,5,22,24 263:15 100:20,25 101:3,7 102:10 knowing laundering 75:24 241:23 259:10,17 261:22 262:15 264:11 102:24 103:5,9,17,24,25 104:7,10,12 105:8 106:7,9 42:16 43:6 104:1 129:16,16 lavinskas 250:14 251:7,24 254:16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007029 [lavinskas - lost] lavinskas (cont.) letter (cont.) limit (cont.) livers 256:14,18,23 258:11,20 109:4 110:7 111:15,23 108:17,18 110:23,25 111:1 251:16 law 113:16 115:7 116:25 112:19 164:22 living 2:21,24 230:1 121:11 122:9 124:5,13 limitation 233:12 lawsuit 128:9,20 130:17 131:7 198:16 local 16:25 30:20 132:5 135:1 137:2,19 160:6 limited 140:15 221:13,21 238:19 lawyer 160:12 161:20,23 163:13 140:17 localized 113:15 147:12 163:8,9 165:18,19,21,22 176:12 limits 252:15 177:18 185:12 193:8 194:4 214:13 89:23 locate lay 214:24 224:20 225:10,25 line 173:6 190:1 258:13 158:14,14 226:24 228:11 229:22 63:6 79:13 98:24 99:2,2 location leach 234:18 238:22 249:14 191:16 207:20,20,24 238:4 167:18 250:3,13 254:3,16 256:13 210:18 locations leached 256:17,23 257:6 258:10,20 lines 188:20 167:16 letters 98:23 locker leaches 62:24 98:3 108:11 161:3 lipa 92:25 93:1 169:4 205:21 234:2 235:17 265:12 london leaching level liquid 74:9 77:11 97:9,10,13 151:2 167:12 168:17 16:4 17:4 64:7 66:15 91:23 80:8 240:4 243:21 long 181:24 186:2 206:15 93:25 94:11,20 95:1 102:16 list 16:8 52:25 67:19 72:5 lead 103:2 108:15 111:7 112:10 3:15,18 50:15 74:2 141:22 82:22,25 134:21 155:15,19 95:13,18 134:17 243:20 112:20 113:2 156:19 151:7 225:20 228:4 155:21,22 156:3,11,15 leading 187:20 188:1 236:17 listed 165:17 173:24 185:4 199:10 levels 15:19 19:15 143:12219:14 198:22 208:2 209:17 211:3 leak 16:22 66:8,9,21,23 90:3 listen 211:11 229:9 235:11 92:1,4 93:20 94:3,7,10 91:10,22 93:22 103:11,23 71:14,16 243:12 263:10 146:9,10 103:23 104:3,9,16 105:3 literally longer leaks 110:11,16,17 111:11,24 239:12 87:24 189:15 91:18 190:24 191:3,3 196:7 112:5,10,21 117:6,10 118:3 literature look leans 121:24 122:3 132:9 156:18 96:16 111:8,21 137:25 4:245:3 11:1047:1756:14 238:17 187:23,25 188:17,24 228:4 219:15 242:21 243:6 59:15,23 63:25 65:3 66:19 leather 229:5 litigation 97:24 126:20,21 137:24 243:12,15 levinskas 124:9 138:22 139:11,12 166:2 leaves 214:13216:6 231:17250:3 little 172:8 176:21 182:2 188:12 244:14 liability 73:23 81:17 108:6 114:16 191:9 209:10215:4 252:21 leaving 181:2 159:1 188:7 219:13 234:16 253:18 112:12 liable 263:9 looking left 45:18,23 liver 88:24 89:4,4,5,6 125:9 76:16 80:12 81:13 195:24 liberal 8:14,19 9:20,25 13:1,5,9,17 161:24,25 174:4 188:9 229:10 233:5 238:4 249:10 115:17245:10 13:19,22 14:1,22 15:9 212:9 215:2 216:24 217:1 249:12 liberties 21:10,12 22:1,2,4,4,19,24 219:10 220:14 258:3 259:4 legal 16:4 23:19 24:9 25:6,8,14 26:5 261:13 175:9 176:17,18 177:21,22 libido 26:23 27:3,8,13 28:21 29:4 looks 179:23 48:20 49:5,8,10 50:14,16 36:3,6 37:21,25 39:8,12,15 20:22 146:6 194:5 239:14 legibility 56:6 240:14 40:2,6 41:21 42:13 43:12 lose 162:15 lie 43:18,22 44:7 59:20 60:3 191:18 legs 160:13 60:13 73:7 108:21,23 109:3 loses 67:11,15,1868:7 life 109:5,8,9,19,22 110:1,2,3 52:14,14 length 59:2 132:10 139:19,24 112:3,6 113:3,4,24,25 loss 138:6 243:19 114:2 119:25 120:20,22 48:20 49:1,2,3,5,6,7,10 lesions lifetime 121:1 122:11 123:18 199:9 50:14,16 56:5 151:15 152:9 218:19 101:14 203:9 233:20 239:21 170:24 171:5 172:8 199:2 letter light 247:13,25 248:6,10,17,25 240:14 83:16 97:9,21 98:3 99:19 263:15 249:2,2 252:6,15,17 255:3 lost 102:12 103:5,25 104:2,12 limit 260:25 261:1,1,2,3,4,12 107:11 205:14 105:9 106:15 108:9,10 70:22 101:13 107:4 108:13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007030 [lot - mccrea] lot mailed march (cont.) maximum (cont.) 50:22 53:10 89:5 106:8,8 257:21 258:17 164:21 165:9 166:8 167:9 122:10,13 125:2,5,9,13 132:18 137:23 169:25 mailing 173:23 174:8 183:8,21 126:2 132:13 235:21 181:11 182:21 196:2 163:16 184:3 185:13 193:7 226:16 mcc 203:22 208:1 209:16 210:5 main 229:18 230:12 89:20 106:25 210:6,23 211:2 215:19 108:20 112:2 113:23,24 mark mccrea 217:24 226:20 123:15,16 150:18 165:4 2:21,21,21 3:2,4,4,15,22 lots maintain marked 8:6 9:16,19,24 10:9 11:11 79:5 93:4 127:5 180:22 174:7 141:5 12:8,23 13:4 16:13 17:1,24 182:23 261:5 maintained market 18:3,7,9 20:15,24 21:20 loud 19:16 186:23 116:16 117:8 124:12 125:1 23:4,18 24:22 25:7 28:19 197:8,14 majority 151:15 152:9,16,21 153:4 28:25 29:12,15,17,19,25 louis 110:5 239:22 marketed 30:5,12,17,22 31:1,3,8,12 1:1,27 2:1,13,16,25 45:5 making 116:20,20 119:19 124:19 31:14,17,22,23 32:3,7,14 57:16 73:16 74:6 75:1 76:5 7:16 24:16 27:15 30:13 124:21 125:4,5 32:25 33:8,14,24 34:7,14 76:9 79:20 85:19,23 86:10 54:17 99:6 104:11 199:13 marketing 34:19 35:1,10 36:1 37:1,7 86:12,13 88:1,6 92:10 200:5,17 204:16,18,23 117:12,13 129:13 144:10 37:12,17 38:9,12,18,25 94:16 96:4 220:12 233:9 males 146:19 150:13 165:20,25 39:6,16,20,24 40:2,10,12 264:2,19 265:5,14 233:22 178:17 179:24 189:16 40:19,25 41:4,8,10 42:15 low malignancies marking 42:25 43:9 46:7,10,18 15:25 16:3,22 17:4 189:3,4 109:22 176:7 47:10,13,19 49:4 53:5,13 lower malignant marshall 54:1556:1258:8,1661:11 108:7 199:3 260:19 77:9,13 61:21 62:7 63:1,3 64:6 lubricants man mask 67:14,16,20,22 69:15 70:2 149:14 43:5 60:2 61:3 74:8 85:4 93:6 94:25 70:10,13,24 71:8 72:3,12 ludicrous 89:7,21 106:13,14 118:7 mason 73:21 76:1,4 78:6,21,22,24 32:23 122:3 128:16 129:12,12,13 187:14 79:9 80:6,10,12,23 84:9,15 lump 142:25 163:7 166:18,19 master's 85:6,25 92:12,18,23 93:17 148:16 172:24 177:4 179:25 137:4 94:1,14,17 95:2 105:23 lunch 180:20 219:23 244:12 matches 106:12 107:13,17,25 108:8 87:16 114:22 133:19,22 246:21 247:3,6 20:8 133:10,11 109:2 110:24 114:24 115:4 134:1 194:20 246:21 management material 115:6 118:18,22 119:8,14 lung 186:13 192:7 193:6 6:15 13:13,17 15:3 19:17 119:17,21 120:7,16 121:15 88:10,11,15,20 89:8 manager 25:1,1 35:20 45:17 48:2 122:8 123:1,14 125:18,21 lungs 60:1 104:19220:13250:14 52:22 53:20 64:16 80:9 126:1 127:6,15 128:4,7,15 88:18 95:6_______________ managers 81:12,16,19 83:2,12,23 128:19,21 129:1 131:14 m 150:12 163:2 m.d. 4:1 mac 101:21 103:2 machine manner 70:4 100:15 157:20,21,25 man's 180:23 manufacture 89:2 macs 101:16 112:23 113:11,14 113:18 118:14 120:18 122:21 132:18 15:18 26:7 32:13 63:23 74:20 87:10 manufactured 26:8 170:16 manufacturer magnetic 255:1,7 maig 137:5 maigs 166:14,16,21,24 170:17 manufacturers 194:7 manufacturing 28:2 44:8,21 52:22 54:2 136:7 137:19 138:11,11,18 57:4 62:17 64:3 66:24 138:20,21,22 mail 257:24 191:5 220:11,12,17 march 144:16 145:1 162:21 84:2,21,24 85:14 86:4 87:13,15,17 98:9 101:12,13 104:12 110:12 125:7 129:7 135:6 145:12 157:9,11 158:10 164:14 167:12 168:25 169:14 190:18 211:9 212:1,19213:15 226:20,21 240:4 245:21 251:5,15,15 262:25 materials 6:6 221:1 244:18 259:3 matter 21:7 matters 183:1 maximum 63:24 66:15 73:5 82:9 87:17 100:21 101:1,10 104:14 118:22,24 119:3,24 120:1,18,21 121:6,25 132:11 133:7,21,23 138:1 138:14 139:1 141:1,17,19 144:9 145:6,8 147:17,22,24 148:20 149:22,25 150:5 151:6,21 155:18,24 158:2 158:22 160:25 168:16,19 169:3 171:10 172:2 173:2 177:11 178:15 180:12,15 181:11,17,20,23 182:5,7,13 182:18 183:3,5,18 188:16 191:22,24 194:1 197:8,13 197:18 198:8 200:15,21 201:1,6,9 202:6,21,24 203:6 204:9,15 205:2,6,10 205:18 206:21,24 207:4,7 207:15,23,25 208:11,14,22 209:4,12,21 210:11,13 211:15,21,24 212:4,16,24 213:22 214:6 216:16,18 218:3,23 221:5,7,9 222:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007031 [mccrea - mistake] mccrea (cont.) meant (cont.) men milligrams (cont.) 223:3,7 225:12 226:14 216:1 222:13,15 236:24 50:19 86:16 136:1 91:3,7 94:1,8 101:2,6,7 228:13,21 229:15,17 measured mention 102:8,14,20,24 113:8 230:13 234:17 235:4,14 66:8 36:11 136:4 197:3,4 215:22 milliliter 236:9,14 237:24 238:12,21 mechanism 216:8 101:3 242:16,20,25 244:25 245:3 51:12 53:23 mentioned million 247:20 248:21 249:3,7 medical 52:24 63:4,17 120:23 163:1 149:4,5,12 164:13,14,19,20 252:10,13 253:7,9 254:2,4 11:1642:6 49:1961:2 182:5 215:11 216:5 237:10 173:13 187:5,21 188:3 254:11,21 255:14,19 256:3 62:17 64:3 66:25 72:8 237:14 240:8 241:3 257:3 258:6 259:22 260:4 74:13 75:6,11 76:11 79:21 metabolism minckler 260:10,13,16 262:4 263:11 87:20 107:19 111:8,20,21 199:4 163:4 183:22 187:14 192:6 263:20,23 113:20 122:6 128:9 134:24 meter 193:10 mcc's 135:16,17 138:24 141:2 15:5 37:20 63:12,13 66:11 mind 106:24 143:1 154:20 156:2 163:22 66:18 67:8 82:11,19 83:5 21:18 28:13 32:19,21 48:9 mccutchan 179:15,19 180:5,7,21 90:7,8,10,12,13,23 94:2,8 48:10 62:23 84:13 107:9 222:20 182:12 183:15 187:12 100:21 101:3 102:2,8,14,20 113:9 131:20 204:4,6 mcgraw 208:5 218:13 222:23 227:2 113:8,8 mine 27:20 224:25 228:19 233:12 234:7 246:4 method 188:12,15 193:22 212:3,6,7 mean medication 53:24 218:25 233:6 5:23 10:6 19:6 23:11 33:19 12:10,11 methods minimal 33:20,20 55:7,18 59:2 medications 55:12 151:16 152:10 62:15,21 75:16 78:6 84:19 12:4,6,12 mg minute 84:24 90:7,11 91:4 94:3 medicinal 37:20 20:11 64:25 114:14 115:3 97:18,19,23 99:11,13 189:20 mgm 127:11 209:5 100:10 101:11 102:4 medicine 100:22 102:2 minutes 103:16 105:6,16 107:23,24 51:21 124:7 michigan 75:7 79:10 83:3,3,8 86:15 108:23 109:2,7,9 111:15 medium 116:22 92:1 131:10,13 143:21,23 112:10,12,13 113:6,22 135:5 microscope 143:24 144:6 147:16,21 117:2 118:21 124:14 meeting 217:2 148:12 151:5 160:15,21,24 136:14 140:16 143:23 57:20 144:4,8 148:11 152:5 microscopic 161:2 186:12 193:6 228:23 149:20,24 153:10 155:3,21 152:14 186:12,16 190:5 255:9 263:14 157:25 175:10 176:3,14 192:22 193:6 195:16 mid mischaracterization 186:4 195:15 197:19 205:21 228:23 232:13 224:9 202:3 202:10,11 216:1,22 220:1 236:19 middle mischaracterized 223:24 232:24 235:1 meetings 92:8 114:15 115:2 133:24 23:1 24:12 53:9 236:16 237:13 246:13,14 44:11,20,21 195:13,16 199:18209:7 210:2 211:19 mischaracterizes 247:23 249:7,8,25 252:12 234:22 220:22 259:20 252:13,20 256:4 259:24 melting mild mislabeled 260:17 261:8 263:12 80:8 81:8 136:17 137:18 19:13 meaning member mildest misleading 126:8 192:12,15 194:5 139:2 213:4,22 means members mile misplaced 9:24 11:17 17:3 21:21 22:5 163:22 247:8 192:25 36:4 40:3 52:11,13 83:14 membranes milk misprint 83:19 84:14,17 85:2 86:5 95:6 164:3,19,20,25 165:5 201:24 86:11 101:12 128:20 memo 166:22 169:1 170:23 misquote 148:16,17 150:22 200:19 98:13,14 122:17 172:24 173:15,17,17,18,19 175:12 37:12 210:6 214:22 215:3,20 177:3 214:4 264:1 175:16,19,24 177:15 179:3 misread 221:13,15 223:16 252:14 memoranda 181:9,25 185:7,17 186:1 108:24 260:18 261:9 161:3 187:21,25 193:9 206:16 missouri meant memorandum milligram 1:2 2:2,13,15,16,25 57:16 10:8 17:10 104:1 105:19 97:11 162:18,20 166:8 82:11,18 83:4 90:7,13,19 59:24 79:20 264:3 265:14 106:10,15,20 109:5 126:15 176:13 178:23 231:25 90:23 misstatements 127:12 128:11,13,16,25 memory milligrams 30:13 129:4 142:22 146:3 148:7 3:21 79:6 129:2 223:20 15:4 63:12,1266:11,18 mistake 148:12 150:13214:21 67:8 83:5,5,6,6 90:6,19 24:16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007032 [misunderstood - noticed] misunderstood monsanto (cont.) nci 131:25 207:3 214:14,20,25 216:19 259:7 mitsubishi 218:13219:18,21 222:8,10 ncr 226:6,13 224:23,25 225:1 226:5,6,7 191:16 192:2 mix 226:12,13 227:3 228:16,17 necessarily 189:14 229:23 230:25 231:10,23 137:13 140:16 mixed 231:24 232:19 233:23 necessary 24:4 235:8 237:4 238:11 239:1 154:13 199:22 201:14 mixing 248:2,18 249:6 250:15 207:16 209:14 119:9 251:11 254:12 255:19,23 necessity mixture 256:10 261:19,22 264:5 125:8 5:16 8:4 15:19 25:4 monsanto's necrotic ml 44:19 122:12 149:2 205:19 52:12 100:21 224:11,14 225:20 need mo months 23:14 40:14,14 77:1 80:10 1:27 264:19 265:5 58:15 101:20 160:14,14 81:23 86:8 93:3,20 103:7 mode 254:5 103:11,13 114:19 154:16 241:15 moody 154:22,23 155:5,6 156:25 moderate 141:11 158:4,6 180:4 205:17 221:1 morning 207:18 210:23 215:23 molloy 3:3,4 22:4 217:18 141:11 mouth needed mom 64:16,21 65:9 66:2 208:2 209:17 211:3,10 129:10 move needles moment 177:10 109:24 251:2 moves needs money 23:12 71:22 110:8,15 117:17,21 118:1,4 mr.mccrea negative 177:12 211:14 101:19 252:22 monsanto mueller neglected 1:7 2:7,17 3:16,17,25 4:6 143:17 36:11 4:126:11 10:15 15:18 17:6 multipage negotiated 25:24 26:1,2 32:10 33:19 228:11 75:4,6 33:21 34:12 35:8 39:6 n neighbor 43:1344:8 52:16 59:11 63:22 64:2 66:14 68:19 74:5,13 78:3,20 79:3,5,21 85:13,22 86:9 88:19 89:17 92:10 98:1,5 104:8,21 name 31:1 32:7 33:5 74:1 98:5 141:8 166:15 186:17 190:11 223:17 264:14 names 175:15 neither 262:9 neopreen 245:18 107:2,20 116:5,9,10 121:4 122:9 124:6,15,16,17,17,22 32:12 77:13 141:10 146:20 201:18,20 214:3,3 220:6 nerve 52:11,14,14 124:25 125:2 131:8 140:25 232:2,2,9 nerves 141:3,6,9 143:8 144:10 145:17 154:5,11,21 155:2,6 156:23 157:21 158:23 160:21 163:5 165:20 170:16 171:1,3 173:1,5 naphthalene 242:24 243:2,4 nasal 95:5 nason 52:2,5,6,9 54:22 nervous 51:15 neuritis 48:4,12 49:16 51:9 52:19 174:17,20,23 175:1,12,14 175:15,16,18 176:18 177:1 98:13 natinnal 54:21 neurologists 177:4,5,7,12,17,19,20,23 177:24 179:13 181:4 182:21 183:11,16 188:16 191:21 192:3 194:7 232:15 259:7 261:15 nausea 51:21 neuropathy 50:15,17 51:14,25 54:10 188:18 190:1,12 194:13 199:2 56:6 195:13 199:21,23,25 201:2 201:14,16,18 202:6,25 203:7 204:11,13,20 205:25 nca 259:6 new 24:18 70:20 79:16 82:12 114:11 115:9 136:6 196:4 newman 77:8,1097:12 131:15 newport 74:10,10,10,11 85:15 newspapers 165:15 niagara 27:21 night 22:3 225:15 nine 74:18 98:24 niosh 232:13,14 234:2 262:24 263:1 nitro 45:25 46:4,9,11 47:8,15,22 47:24 49:9 51:23 53:15 54:1 57:25 58:17 nitrous 170:1 nobody's 10:17 169:15 non 22:13,22 38:8 65:6 88:25 124:20 125:1 149:17,20,21 152:23 153:19,25 160:8,8 160:10,10,16,17 161:1,1,24 161:24,25 179:5 242:10 251:5 nonindustrial 124:13 nonoccupational 124:1 noon 127:20 normal 22:13 38:8 252:15 261:1 265:10 north 2:25 196:6 nose 91:2,6,12 92:2,4 94:22 95:3 95:8,13,17,20 notary 2:14 265:19 note 128:7 204:9 210:7 230:17 234:15 236:7 237:21 notes 202:13 notice 136:2 187:3 222:9 231:15 noticed 182:24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007033 [notification - owned] notification obtain okay (cont.) ordinary 181:1 64:18 199:21 201:13202:2 136:12 139:1 147:19 186:5 21:12 36:3,6 39:8 40:2,6 notified obtained 188:14 196:4 197:11 207:6 109:6 182:24 223:13 104:8 125:3,6 212:14,17 214:20 216:2,17 organ notwithstanding obtaining 221:6 222:5 236:24 247:18 8:15,23 9:2,21 10:11 12:17 117:9 233:11 254:25 263:21 12:19 13:2,5 37:22 november obviate old organic 19:9,17 150:15,21 152:5 117:15,24 132:12 24:18 148:5 163:5 186:17 192:10 number obvious olive 192:12,16 20:9 48:11 52:17 54:19,23 28:10 32:23 1:26 265:13 organism 63:9 76:15 78:5,7 79:15 obviously olsen 98:10 88:6 104:25 148:6 152:15 10:22 32:18 120:13 124:2 146:19 organization 153:6,21 154:4,16 155:13 159:2 220:11 222:10 olson 42:7 64:2 104:21 129:9 156:1 162:2,4 163:3,16 223:24 224:21 231:12 146:17 organizations 177:25 185:5 189:6 190:4,9 occasion once 62:17 222:14 227:6 240:23 245:5 229:7,7 56:25 246:9 organs numbers occupation o'neal 14:23 15:16 63:17 123:23 143:17 original numeral occupational ones 232:18 264:15 265:1 74:18 77:25 220:21 246:4 88:24,25 232:15,19 233:24 12:7 48:7,12 52:18,19,20 osha numerous occur 54:13,20,21 101:4 122:19 101:23 104:24 123:22 66:23 91:18 109:5 187:16 189:12 ought o occurred one's oath 41:6 object 7:25 205:1 10:4 11:6 12:5 16:7,10 38:1 120:4 o'connell's 114:18 October 199:11 220:11 oon 144:1 open 16:23 21:15 22:25 23:8,11 24:11 32:17 33:4 34:11 214:14 odds 80:9 81:13 operating 37:4 48:23 61:7 63:16 69:16 84:12 107:7,22 121:8 255:24 odor 256:1 122:14 127:15 132:4 137:15 138:5,17 140:23 148:9 149:18 155:20 160:22 172:23 176:24 197:16 200:2,3 204:2 206:22 208:16,21 209:20 210:1 212:22 213:1 217:21 218:1 219:7 222:1,3 228:10 241:25 oettel 56:24 57:6,8 offer 171:3 174:15,21 245:9 office 200:5 201:4 203:18 205:7 officer 95:10 operation 106:14 operations 30:7 92:9 104:6 105:13 106:19 146:8 operators 74:21,23,24 86:7 opinion 15:1,1371:2 109:11 119:4 232:23 235:6 247:16 248:19 254:14 258:2 264:8 offices 121:3 142:12 156:3,8,13 171:14 173:8,21 179:8 261:25 objection 2:12 oh 197:3 230:22 opportunity 33:11 62:12 92:21 128:7 42:22 46:13 56:7 70:3 71:11 72:25 93:14,24 123:3 128:4 157:2,24 203:4 53:21 68:5 78:6 88:3 93:18 136:3 154:12 167:3 197:11 205:15 234:1 254:25 Ohio 42:5 103:1 236:2 opposed 260:4 opposing 218:17247:18 objections 35:13 obligated 62:2 obscure 135:15,16 observed 116:21 163:20 164:4 170:13 172:17 187:23,25 ointment 86:2,6 ointments 86:4 okay 7:9 17:25 31:16 38:19 122:1 option 258:9 oranges 119:10 order 71:20 199:25 ordered 13:11 82:7 70:15 71:16 78:13,23 92:13 203:12,16 4:25 23:16 33:23 37:14 41:6 53:10 236:7 254:8 ounces 75:18 76:8 ourself 154:9 outrage 204:21 outraged 105:19 outrageous 30:9 outside 132:18 144:21,21 149:23 176:19 199:8 overbroad 12:6 217:24 218:2 overconservative 81:17 overexposure 239:20,24 overexposures 123:21 overgrowth 252:15 oversimplification 82:4 oversimplifying 113:22 overtones 175:10,10 176:17,18 owned 170:12 171:9,11,12 177:2 226:7 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007034 [oxygen - pcbs] oxygen painful paragraph (cont.) pc 53:14 49:12 223:8 224:5 226:15 227:22 87:23 248:25 P pains 230:9,16 232:12,13 234:17 pcb p.m. 2:11 Packard 28:2 page 49:16 51:4,10 239:16 247:11 250:17,19 paint 256:22 116:9,11,19 124:21,22 paragraphs 125:7,9,10,24 167:15,23,25 85:11,13,21 151:7 168:8,15 169:6,7,13,24 pardon 4:19,20,22 5:6,9,20 10:24 10:25 11:3,13 12:15 14:11 15:14,16 16:17 18:21 19:5 22:23 24:7,10,13,21 25:15 26:14,23,25 27:13 29:2,4 3:22 4:14,17 5:2,7,11,14 6:8,17,21,22 7:2,5,20 12:18 13:6,15 14:6,16 15:19,24 17:18,24 18:6,10,11,12,17 18:23 19:1,15 20:6,8,9,9,11 178:7 180:16 184:9,15 187:2 206:12239:11,12 painted 165:8 172:18 painting 20:12,21,25 21:2,6 22:9 104:7 105:4,5,6,13 106:11 224:16 park 163:6 177:16,18 183:23 part 1:15 28:20 74:12 75:8 77:22 145:11 151:25 153:1 29:21 30:3,6 32:15 33:10 33:16 34:9 40:7,8 45:15,19 46:6,17 47:12 53:6,12,14 61:15 62:9 63:12 64:7 65:11,15,24 66:3,9 69:11 72:14 75:13,18 87:2,10,23 36:1 64:9,19,20,22 65:17 73:9,17 74:16 77:3,19 78:7 106:16 paints 154:6,19 158:3 204:22 232:11 238:3 241:6,8 88:1,5 89:10 90:4 91:10,22 92:2 93:23 99:17,20,24 78:9,25 79:11,13,15 80:13 85:6 89:12 90:25 92:6,8,19 96:5,7,10,15,18,20,23 97:1 pair 262:25 parte 108:14 109:6 115:24 116:6 119:12 126:8 130:18 139:3 95:22 97:2,5,6 109:4 114:10,10 115:7 119:22 120:16 126:7 127:3 133:18 134:2,10 140:19 141:19,21 92:24 pap 216:25 papa 31:17 participants 192:18 participate 142:6,7,8 154:5,11,17 155:7,16 156:4 158:5,17 163:3 164:2,13 165:6 166:18 167:11,15,18 143:3,12,20 144:13,15 145:3,4,20 146:12,17,21 163:18 papageorge 196:9 228:18 229:12 participated 148:2,24 149:1 150:5 151:6 151:11,13,22 152:6,10 163:13 166:9,17,20 172:24 228:8,13 172:25 174:10,19 175:21 participation 159:8 162:11,12,13 165:19 166:5,6 181:14,19 182:2 186:10 187:19 188:5,7,23 177:4 178:19 181:12,15,25 194:12 182:10 183:1,21 184:12 particular 186:6 187:13 193:16 5:4 23:21 25:11 31:4 55:12 191:25 192:25 193:19,23 194:2,22 195:19 196:20 202:22 205:20 207:20 208:1 226:25 230:3 232:5 57:20 83:17 103:6 106:18 123:22 134:7 172:3 179:6 168:17 169:4,6,18,21 170:7 171:15 173:18 174:12 175:1,4,19,19,20 177:25 179:3 180:1,16 186:18 188:17 189:13 191:7 199:1 199:23 201:15,25 202:16 205:19211:17,18212:1,18 213:15215:14216:21 223:18 225:1 226:15 202:13,24 205:11 206:3 207:2,13,19,21 210:3 211:16212:7 213:2 214:7 216:14217:5,13218:4,11 220:2,7,19,22 221:4 222:24 223:9,10 224:3,17 225:7,24 226:1,14 227:11,12,13,18 234:19 238:22 242:3 papageorge's 213:18,23,25 214:2 paper 40:5 79:22 149:16 150:4 191:21 192:4,20 paragraph 179:18 182:15 196:10 201:20 217:17241:15 244:13 245:17 248:3 particularly 100:3 153:8 164:2 parts 59:17 94:1,7 118:6 164:12 228:23 229:5 233:9,11 236:10 246:6 261:10 262:13 pcbs 11:21,24 12:2,3,9,1321:17 24:16,17 26:20 27:4,7,22 28:7 32:9 35:7,24 39:9 40:3 227:20,22 228:22 229:1,18 229:19 230:2,5,9,13,16 231:6,10 232:10 234:8,13 234:18 237:3 238:22,25 5:14 6:17,24 7:4,5,12,16,19 164:14,19,19 173:13 7:198:11 13:10,15 14:7 187:20 188:3,25 189:1 15:23 16:8 21:6 22:9 37:18 211:12 65:3 74:18 80:5 81:21 passes 41:17,23 42:1443:13,19 44:8,10,17 45:1,6 46:8 53:4 59:21 60:3,7,21,25 67:6,17 68:8,18,23,25 69:3 76:8 245:22 246:2 249:3,20 250:1,9,12,19 254:11 257:2 82:14 83:10 88:12 89:13 58:17 90:25 92:11 95:24 98:12,16 pathological 87:3,20 88:15,17 89:7 94:21 95:13 96:20,23 257:3,18 262:15,21 263:4,6 pages 98:22 99:6,10,16 100:2,7 101:15 103:4,4 105:7 7:22 260:24 patiently 107:20 109:10,11,15,17 112:6 113:2 116:10,25 18:4 20:10,16 39:2 127:5 134:5 193:21 194:25,25 206:14 212:15 216:7 263:2 paid 17:6 170:24 175:1 177:1 265:9,10 pain 106:21,24 107:5,6 109:3 128:23 110:22 112:17 115:9 patients 134:11,12,16 145:3,7,9 38:1 146:4 150:25 151:22 158:3 paul 161:8 166:3,11 178:3 188:6 261:23 188:23 189:5 191:16 pay 192:25 196:20,23 199:17 112:23 113:13,17 118:10 119:7,19 120:1 121:5 122:24 124:12,23 125:1,14 129:17 138:3 140:15 144:11 145:8,9,16 150:12 151:15 152:9 154:8 155:19 156:24 157:14 158:7 164:24 165:10 166:22 50:16 51:2,13,24 56:6 199:17,19 202:25 203:25 118:13,21 119:4,23 120:17 167:4,25 168:12,15 170:15 199:3 206:5 211:17,20,21,24 212:10214:16215:5 219:1 122:12,20 171:1,3 170:20,23 172:9 173:9 175:16,16,24 176:20 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007035 [pcbs - please] pcbs (cont.) people (cont.) pesticides plaintiffs 177:17 180:5,21 181:5,9,23 233:1 234:2,4 242:11 248:6 190:13 1:5 2:5,17,20 33:9 113:20 183:6,8 185:6,17,24,25 248:6 262:9 ph.d. 236:12 186:25 187:9 188:18 189:8 percent 89:19 97:10 plaintiff's 189:19,20 190:12 192:3 5:10 6:13 49:2,3,3,6,7,7 phenoclor 3:23 64:11 65:19 122:23 193:9 194:18 195:24 196:6 76:15,16 98:19,21 99:1,4 219:3,10 134:2 160:5 194:2 216:7 196:7,14 197:1 198:12 161:16 162:6,6,8 246:1 phillip 235:18 201:24 202:8 204:12 206:7 percentage 213:19 plan 206:14 210:25 215:6,22 28:6 phillipsburg 150:7,16 151:10,12,16,25 216:8 219:17,18,21 223:17 perfect 79:16 152:2,7 153:18,18,24 154:6 223:19,21 224:9 225:21 14:18 phone 156:21 158:3,12 159:18 226:18 228:2,7 230:25 perfectly 58:23 59:5,6,7 63:9 215:11 185:23,24 202:13,15 231:4 232:20,22 233:25 38:3 71:19 102:3,14,15,17 216:6 223:20 242:4,5 248:11,18 252:3,5 102:21 phosha planned 253:4,10 261:4,6 perimeters 163:6 202:7,11 pet 157:9 photostat plans 223:14 period 194:4 186:5 223:24 224:1 peak 8:8 67:1969:8 115:13 phrase plant 66:22 142:21 145:16 157:23 120:15 257:3,15 258:19 27:6,6 28:1,1,2 30:6,16 peanuts 243:12 261:16 34:4,13 43:13 46:6,25 189:16 periods phrases 59:20 60:1 61:2 62:25 peculiar 45:17 230:20 231:1,3 255:25 66:20 73:15,15 74:3,6,6,20 137:24 peripheral 261:15 75:5 76:5,9 77:11 85:17,18 peer 48:4,12 49:16 50:14,16 physical 85:18,19,23,23 86:13,19 257:5 51:9,13,24 52:9,19 54:10 42:12 68:12 87:22 92:10,22 94:5 95:3 pending 54:20 56:6 physicals 102:23 104:8,9,18,19 2:15 24:24 33:2 34:1 35:3 permanent 41:20 43:11 138:22 189:15 191:5,7,10 36:9 39:3 42:2 43:2 56:9 13:18 139:17,19,19,25 physician 220:12 233:9 234:3 236:8 67:25 107:14 108:1 121:17 permeates 77:10 97:13 135:25 138:15 236:12,18 237:25 245:2 123:9 157:5 168:20 201:10 95:5 physio 249:1 penetrates permission 260:23 plants 243:14 28:1731:15 physiological 28:9,12,16 30:15 45:2 pennington permit 260:21 76:12 87:8 93:5 98:11 85:15 190:18 pick 102:25 103:3 154:5,11,18 pentachloridibenzofuran perry 208:24 209:8 155:8 158:5 219:3 265:12 picked plastic pentachlorphenyl persistent 251:3 145:9,17 167:19 219:11 160:8,10,16 161:1,24 picking plasticizer people person 80:7 210:2 212:14 116:6,8,14,17,25 131:2 26:19 27:6 28:15 32:12 37:5 88:5,23 89:3 112:7 piece 149:16 150:25 168:12 34:22 35:19 39:13 43:22 113:1 114:2 119:1,25 44:15 148:16 169:5,18,22 171:15 187:4 45:7 47:16,24 48:3,11 142:18 173:1 180:5,20 pigmentation 223:13,17 243:18 54:19 56:2 61:3 64:1 66:24 198:1 242:11 264:14 139:12 198:24 plasticizers 66:25,25 87:22 88:21,22,25 personal pimples 149:13,13 170:16 175:19 91:11 94:23 95:15 97:25 86:8 198:23 175:20 181:18,22,24 182:3 102:23 103:13 109:6 personally pint 182:4,22 183:6,9 186:2,25 112:25 121:5 124:4 126:1 124:14 174:22 241:4 187:9 206:7,15 223:22 132:16,16 138:23 144:8,22 persons place plaza 146:5,10,17 147:4,18 37:15 199:1 247:13 25:13 44:6 75:1,2 83:15 264:18 265:4 149:17 150:11 155:5,18 pertaining 85:4 94:18 112:9 210:24 please 156:1,2,9 157:8 165:20,25 230:18 216:8 250:21 256:12,13 24:22 32:25 37:18 40:20 170:12 172:19 178:17 pest placed 42:1,20 50:10 70:3 71:10 179:23 182:24 185:11 189:8 176:6 71:13 73:10 74:16 79:11 186:25 187:15 192:18 pesticide plaintiff 80:1789:12 107:13 118:18 200:12211:8 214:5 216:21 189:8,9,14 190:13 122:11 120:7 121:15 123:6 143:3 220:10 222:8,11 228:17,18 168:19 195:19 196:23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007036 [please - product] please (cont.) 209:3,4,7 231:6 244:20 plus 22:12 27:9 38:7 65:5 67:8 point 20:25 28:19 72:20 80:8 114:12,12,24 115:2,10,10 115:14,22 127:24 166:19 172:24 177:4 178:4 184:2 255:5 262:5 points 185:23 202:18,20 poison 26:7 133:8 poisoned 91:21 92:3 poisoning 95:14 poisonous 14:1425:7 poisons 25:5 policy 86:3 89:1 politician 198:4 pollution 146:5,9 150:20,22,22 202:17 polychlorinated 5:20 142:13 195:3,11 198:17 230:18 239:9 240:10,13 243:16 244:9 262:24 polymer 145:11,12 pop 129:10 portions 209:22 pose 150:20 228:2 position 43:7 106:24 181:5 231:1 259:23 positions 143:11 159:24 positive 8:22 12:25 14:21 15:5 156:18 218:21 245:15 252:2,2,3,23,25 253:1 260:5,6 possibilities 189:7 190:10 possibility 45:23 123:24 170:2 possible presence probable 6:1981:8 134:17 139:16 167:11 219:2 251:13 56:4,12,18 201:24 172:20 199:23 201:15 present probably possibly 53:25 54:11 56:22 90:22 39:2 71:3 76:15 83:16 150:4 167:12 189:18 122:9 130:8 152:6,6,15 121:12 146:10 148:13 199:10 156:4 170:9 175:12 191:11 180:3 204:5 208:21 218:24 post 209:14 230:23,23 233:9 241:13 245:7 55:23 231:9 234:14 236:20 249:23 problem pot presented 6:19 83:25 84:1 125:10 81:9 63:14 205:20 150:20 156:8 158:11 potential presently 159:10,11 166:17,18 173:9 89:10 120:19 129:13 233:1 173:13,22,25 174:16 175:9 152:19 165:2,4 173:9,21,25 presents 176:11,17,18 177:13,14,17 174:2 181:2 185:25 202:8 234:24 177:21 179:21,22 181:23 202:16 215:2 232:20 president 183:7,11,13 184:1,22 240:21 241:2,2 248:9 143:14,15,16,16,17,17,19 185:20 186:4,6,7 193:17 potentially 147:6,7,8,11 163:4 250:14 202:19 206:14 235:20 167:1 presumably 238:1 241:14 243:11,24 pounds 4:9 10:14 25:10 49:23 244:4 245:8 252:5 254:4 149:3,6,12 51:10 53:6 102:23 148:17 260:7,8 ppm 189:15 234:6 problems 188:8,10 203:8 presume 22:8 24:10 43:16,21 44:23 practice 9:24 78:15,17 128:10,11 47:7,14,19,24 52:17,25 42:11 43:10 72:6 75:13,19 214:22 54:5,7 57:2 58:1 60:3 87:2 82:14,16,20 87:4,9 88:9,14 presumes 87:22 88:17 105:2 112:6 92:19,20,22 93:21 230:1 27:5 122:24 150:18 158:12 242:4 pretty 172:19 177:22 193:20 practitioner 74:2 81:5 90:10,14 105:20 212:14 235:20 237:9 136:2 137:13,17,22 138:4 135:14 184:14 187:4 251:12 138:13 222:16 227:9 252:23,25 procedure pre 263:10 44:19 75:1 95:11 248:3 41:20 42:12 43:11,12 249:2 prevent procedures preceding 86:4 157:22 158:8 41:17,1886:9 157:18 123:14 239:20 prevention 247:11 precisely 156:25 proceeded 107:4 108:14 110:23 previous 243:4 112:19 15:4 19:1335:1537:2,18 process predictably 41:13 44:2 58:9 62:5 71:25 25:13 73:13 74:4 78:10,13 172:19 80:24 97:11 102:12 118:19 78:14 105:4 126:3 169:3 prefer 120:9 209:10 210:20 processes 40:24 256:15,24 257:7 157:1 220:17 preferable previously produce 197:4 257:4,16 26:13,23 65:20 98:10 112:6 131:17 preliminary primarily produced 156:7 15:16 2:10 preparation principal produces 128:12224:10 199:9 37:21 prepare print producing 97:16 218:24 81:14 82:2 prepared prior product 63:1 222:20 217:21,22 15:19 42:9 82:9 117:8 preparers private 123:20 130:18,20 132:19 141:10 230:1 132:20,24 149:23 150:12 preparing privy 150:18 153:25 161:12,22 194:12 224:8 228:9 224:1 163:2 175:12 192:1,20 203:13,17 215:2 257:21 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007037 [production - random] production propounded put question (cont.) 73:13 74:4 78:10 134:22 24:24 33:2 34:1 35:3,15 22:7 75:21 76:11 94:18 185:18 200:2,13,14 201:5 148:18 150:13 179:24 36:9 37:2 39:3 41:13 42:2 95:1 107:8 125:7,24 126:2 201:11 203:24 204:20 199:21 201:14,17 43:2 44:2 56:9 58:9 62:5 126:4 132:25 133:3,13,16 206:9 209:13,23,25 210:14 products 67:25 71:25 80:24 107:14 186:25 187:8 190:10 210:19,21 211:14214:24 44:12,22 49:24 51:5 98:5 108:1 118:19 120:9 121:17 239:24 240:25 245:24 217:18,22,24 218:1,3 222:4 131:22 148:20 150:17,19 123:9 157:5 168:20 201:10 257:13 258:10 223:1 228:20 230:8,25 151:1 152:16,17,19 153:4 210:20 putting 232:24 237:7,9,25 238:8,9 159:5 160:9,11,17 161:2 prospective 63:19,20 80:9 146:7 148:13 238:13 239:4,5 240:7,17,24 189:20,22 262:7 41:21 42:12 248:2,16 149:15 260:14 241:7,11,17 242:7,14 243:8 profession protect putzell 244:2 248:22 250:23 198:6 154:13 245:6 147:8 259:10 professional protecting pyranol questioned 1:25 204:10,10 30:1 106:2,8 program protection pyranols questioning 151:14 152:8 153:7,10 199:21 225:20 73:14 74:5 78:10 213:24 154:18 155:14 156:10 158:6 159:5 160:7,9,16 protective 86:3,6 243:13 244:23 q questions 3:2,20 32:6,24 35:4 36:24 161:1,9,19 186:24 187:7,16 prove 192:19 205:19 214:21,25 55:3 103:16,18,24 230:19 231:1,3 38:20,24 39:4 40:22 47:2 50:10 62:19,22,24 70:20 216:20 261:18 progression proved 9:1 15:25 110:19 230 17 107:23 127:1,4,5,22 138:6 138:7 144:7 152:13 157:7 13:23 prohibit proven 55:4,18,19 110:19 60:25 83:1 247:9 181:12,16 182:21,23 204:23 209:15 230:23 195:1,9 projections provide 4:4 87:19 199:24 245:8 100'13 235:10 237:4 239:1 242:9 242:11 244:5,6,17 245:1,1 144:10 prolonged provided 59:11 64:9 217:14 507 245:4 quibbling 45:16 131:5 134:17237:11 public 240:9 248:1 2:14 79:19 228:5 255:19 114:18,19 247:8 263:7 261:14 quit prominant 48:7 prominent 48:12,19 49:13 106:7 promise 31:5,8,12 promised 38:21 128:2 prompt 247:4 promptly 246:12,13,16,18 247:2,3 pronounce 95:25 proof 30:25 31:2 122:12,22 proper 69:22 82:8 174:20 213:6 234:23 236:19,22 245:9 properly 182:16 236:22,25 237:2 properties 117:22 proposed 228:3,23 262:25 265:19 publication 144:19 publicity 175:9,10,11,13 181:4,8 200:5 publish 3:10 published 3:8,9,12 263:3 pull 161:7 246:14 purchased 202:7 225:21 purchasers 16:5 26:3 39:7 224:24 pure 28:20,22 29:6 88:7 purpose 6:10 130:4 144:5 195:7,12 205:5 232:18 purposely 123:3 pustules 239:19 8:1 11:7,8 12:5 16:9,10,11 204:23 263:21 21:11 23:16,17 24:23,25 quite 28:3 32:17,23 33:1,3,20,25 34:2,11,24,25 35:2,6,10,11 35:16 36:2,10,22 37:1,3 38:15,17 39:1 J 7,18 40:1 40:11,15,17,1841:11,14,24 41:25 42:1,3,21,23,24 43:1 43 3 8 25 44 1 3 45 3 11 50:22 108:6 130:24 136:18 156:1 170:2 175:9,23 176:16 183:19 243:9 quotations 85:11 quote 119:22 120:17 135:24,24 47 3 48 24 55 15 56 8 10 58:6,7,8,10 60:16 61:8,9,18 145:9,10 192:1 250:20,20 250:21,21 256:25,25 257:1 61:19,24,25 62:1,3,6,8,13 257:5 64:1 65:2 66:3,5,24 67:1,23 67:24 68:1 69:17,21 70:4,6 70 11 12 17 71 1 8 10 13 71:14^ 17^21 72:1 ^9 73:1 quotes 230:21,21,22 quoting 23:22 83:17 260:11 74:25 80:18,19 84:6,7 91:6 r 94:20 96:14 106:19 107:11 rabbits 107:15,25 108:2 118:20 8:7 155:22 120:8,10 121:9,11,13,16,18 radioactive 121:20,22 122:16 123:5,6,8 81:18 84:21 123:10 127:24 128:5,22 rail 155:21,25 157:3,4,6,25 238:17 158:18 165:4 166:24 random 168:18,21 176:25 178:9,14 104:24 178:20 179:16 184:12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007038 [range - remedial] range real (cont.) recommended reflect 42:18 101:5 108:7 236:23 240:18,21 101:13 132:1 142:17,21 193:5 rat really 151:12 152:7 164:21 reflected 22:12,21,22 25:8 37:6,7,10 7:1 9:6 31:7,13 64:1 70:21 record 181:9 38:8 65:6,11,11,15255:18 77:15 78:4 81:18 86:11 23:1524:1530:11,1432:11 refresh rate 91:4 92:17 103:24 127:15 53:3,9,9 61:22 73:19 129:2 223:20 70:19 118:10 233:20 133:5 146:4 206:1 220:5 105:17 114:13 115:7 refused rating 223:4 239:10 245:15 125:16 133:23 183:11 199:23 220:25 221:12 reason 191:2,25 193:5 195:22 regard rats 44:6 70:18 118:5 127:23 196:1 197:18,22 200:6,13 33:18 58:20 64:8 68:18 37:16 38:4 64:13,16,20 162:8 170:17,20 201:21 205:9 206:23 221:3 230:11 96:7 119:11 137:18 158:23 155:22 203:8 233:20,21 238:18 234:15 235:7 236:6,12 177:7 182:22 187:8 194:17 251:16 252:6 253:8 255:12 reasonable 237:21 259:21 218:11 255:20 ray 115:16246:19,20 247:3 recorded regardless 88:10,11,15,20 89:2,9 reasons 104:9,13 61:10 113:11 rays 57:19 75:6,11 76:11 132:18 records regenerating 89:2 168:23 104:11 113:20 199:25 22:5 reached recall 233:12,16 register 25:21,25 228:6 4:11 9:11 12:16 16:5 17:13 redirect 191:21 192:3 reaction 57:23 68:20 79:20,23 80:15 209:13 registered 48:1 51:6 54:17 140:14 96:5 98:14 111:22,25 reduce 1:25 170:2 238:15,19 244:15 128:15,16,18,20,25 131:18 154:4,10,17,22,24,24 155:5 regular read 155:24 164:1 174:9 178:22 155:7 158:4,7 44:20,20 54:2,23 56:19 13:3 15:23 16:11 21:5,5 183:25 184:7 195:16 200:8 reevaluation 73:4 23:4,12,13,13,14 24:23 217:8 218:3 225:15,17 259:2 regulations 33:1,24 35:2,11 37:18 38:9 227:4 228:19 237:6 250:6,8 refer 104:24 38:10,12,13,14 39:1 41:25 receive 98:12,16 107:4 114:25 reinforce 57:15 58:8 61:21,23 62:1,3 162:23 231:19 115:11 123:15,19,20 156:13 64:19 70:3 71:10,13,21 received 134:10 136:10 138:21 relate 74:12 77:16,17 78:2 79:21 4:11 51:4 62:20,23 70:5 181:14 188:5 203:15,25 85:13,15 100:17 156:21 79:23 80:4,7 81:21,22 162:24 213:9 reference 215:6 102:6,7 107:13 123:6 141:2 recess 4:18,21 6:18 7:16 14:10 related 141:15 151:12 152:2 161:3 41:9 80:11 115:5 133:22 18:23 24:17 40:20 79:14 230:21 161:4,7 168:19 178:10,10 151:20 191:23 229:16 90:17 98:23,24 99:6,9,14 relates 182:16,18 188:11 190:20 recheck 106:21 107:6 121:6 137:19 230:9 194:3 196:1,23 197:8,9,13 262:14 143:20 182:15 191:16 relating 197:22,22 198:8 200:12 reclamation 196:5 206:7,10 219:5 229:1 166:21 249:5 206:5,9,18 207:1,8,13,16 190:18 233:15 255:18 relationship 210:8 213:3,11,25 214:24 recognize referenced 29:3 123:5 124:10 161:20 215:13 216:9 218:25 220:8 80:1 134:4 141:6,10 146:1 181:17,25 release 220:15 235:2 239:6 249:10 146:2 154:23 167:1 220:4,6 references 181:8 250:19 251:22 258:24 220:9,15 222:24 224:19,20 99:16,19,21 188:23 206:13 releases reader 228:22 245:23 referred 181:5 255:16 recognized 106:11 136:3 137:18211:7 relevance reading 177:11 186:6 239:10 219:6 46:14 8:10 12:23 13:14 16:7 23:8 recognizing referring rely 23:9 36:8 38:16 102:4 129:15 4:23 7:10 84:10 103:19,21 97:20 121:11 144:5 160:15 197:2 recollection 106:16 107:5 112:24 116:4 remain 200:3,16,24 203:4 213:2,4 19:22 48:19 52:23 59:18 119:24 120:3,4,6,11,13,14 82:3 228:11 235:9 247:17 257:2 214:18 249:23 250:10 120:19 121:1 129:6 170:11 remained reads recommend 199:5 202:12 13:13,17 14:18 208:1 130:14 refers remaining ready recommendation 5:12 85:17,17 114:12 79:10 17:25 152:20 179:7 185:25 244:21 115:12 136:6 199:20 remedial real recommendations 203:16 245:4 176:21 22:6 191:20 234:24 236:20 26:19 157:17 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007039 [remedies - ridiculous] remedies report requested (cont.) 183:23 3:25 4:15 7:10 16:9 17:5,23 250:22,25 259:17 remedy 17:24 18:2,5,8,10,18 19:7,9 requesting 186:7 19:23 20:5 23:9 49:12,14 257:7 258:20 remedying 49:18 59:17 104:16,20 requests 174:15 186:17 215:19 224:8 228:7 184:4 225:19 remember 228:9 233:8,19 237:8 require 16:1648:7 58:3,4,11 64:12 250:19 254:7,8,17 257:4,21 94:11 80:21 93:19 94:18 96:24 257:22,24 258:7,16,18 requirements 102:22 105:19,22 106:13 259:12,13 261:21 150:17 129:12 141:4 146:20 reported requires 158:11 165:12 223:4 20:3 27:10 28:21 48:22 245:10 226:19 227:16 252:4 49:4,8,10,15,20 59:7 85:16 requiring 261:13 104:18,19 164:12 195:22 224:24 remembering 229:7 240:15 reread 105:21 reporter 23:15 35:13 37:1 39:17 remotely 24:22,24 32:25 33:2,24 41:11 43:1 107:25 120:8 46:17 34:1 35:1,3,15 36:9 37:2 121:16 removal 39:1,341:11,1342:2,25 research 13:11,24 43:2 44:2 56:9 58:9 62:5 89:20 97:16,18 106:13 removed 67:25 70:3 71:10,13,25 110:8 129:12 147:11 139:25 246:12 80:22,24 107:14 108:1 150:14 152:20 153:2 remover 118:19 120:7,9 121:15,17 187:18 220:10 232:16 239:11,13 123:9 157:5 168:20 201:10 residual repairing 210:20 241:25 22:2 reporters residue repeat 1:25 187:20 20:1 43:25 56:8 66:13 reporting resisted 75:11 118:17 157:4 1:24 19:8,13 265:12 21:10 22:6 37:22 repeated reports resonance 84:6 95:11 131:5 134:17 10:20 29:5,11 49:19 58:22 255:2,7 239:1 247:14,23,23,24 59:11 96:16 106:22 107:18 respect 248:1,4,8 159:6 168:25 218:22 84:4 103:8 193:13 218:10 repeatedly 224:14249:8,10,11,11 223:21 226:18 256:5 19:21 28:14 81:25 82:6 251:5,22 253:12,20,25 respiration 90:1 254:1,12,15,20 256:6 258:3 199:3 repetition 258:4,24 262:12 respirator 70:23 200:23 represent 93:13,20,22 94:12,19,22 repetitious 86:9 183:5 95:1 138:9 representation respiratory repetitiously 78:25 198:19 138:8 representative response repetitive 203:11 50:8,11,1851:5 182:19 70:21 127:21,25 128:6 representatives 209:22 238:9 132:6 194:5 responsibilities rephrase represented 155:4 112:11 2:20,23 responsibility replace representing 92:15 153:2,3 154:20,21 153:19,25 161:17 172:12 78:20 186:20 155:2 174:24 180:20 174:21 175:1 178:1 reproduction 187:13 replacement 241:16 responsible 150:18,19 152:16,17 153:4 request 179:23 230:24 192:1,20 4:7 148:6 174:20 199:24 responsive replacing 201:12 257:4 40:17,19 209:25 191:12 requested rest 4:4 199:19201:13202:1,1 132:10 139:19,23 239:14 restate 158:2 restraining 127:16 restrict 209:24 210:17 result 11:5,1922:1849:21 51:2 51:23 54:18 57:3 58:1,17 110:3 136:22 138:2 159:13 167:21 173:9,13 174:12 186:1 202:17 252:2 261:23 resulted 48:1 resulting 81:12 results 14:13 15:5 17:1921:2 26:21 64:23 65:22 66:11 89:22 104:13 133:13 156:7 156:18 174:5 188:21 240:3 251:1 262:12 retired 177:20 235:8 254:6 retirement 234:14 retyped 162:15 188:8,10 reuse 171:17 reused 171:18 revealed 219:2 review 58:22 114:11 115:9 126:20 141:1 234:11 reviewed 105:23 126:17 150:18 160:23 249:13 250:2 262:6 reviewing 127:7 251:15 reviews 261:23 rhetoric 198:14 rhyme 162:8 ribbons 176:6 richard 89:17,19,19 220:7,9 rid 93:2 ridiculous 203:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007040 [right - sections] right roush samples scars 3:13 5:2,19,25 6:8,15 7:8,8 249:15 164:3 139:23 7:9 8:12 15:10 17:18,22 routine sand science 28:1631:1,3,8,19 36:17,19 76:11 201:14 11:16 39:21 47:7 55:14 56:1 routinely sandblast scientific 57:1260:5 61:11,14,21 101:17,22,24,25 104:15 172:3 9:7 10:18 199:13 65:24 67:16 72:16 73:25 ruabon sandblasted scientist 77:8 78:12 80:4 82:13 85:2 74:11 171:18,23 59:14 86:1 90:3,24 94:4 97:8 rule sandblasting scientists 102:2 131:25 135:19,23 113:3 114:1 171:19 107:20 136:9,16 142:16 144:24 ruling sat scott 148:2 149:12 150:24 71:9 210:16 45:12 229:4 153:11 162:22 163:11 run satisfied scraping 166:6 172:5 174:3 182:13 32:23 52:22 54:3 109:6 105:1 50:20 169:15 183:18 184:3 188:16 192:9 114:22 136:17 200:5 satisfy screen 193:2 195:18 196:2,19 203:20,20,21 146:4 150:17 214:22 248:9,16,24 199:16 203:24 206:19 running sauget screened 207:19211:20 215:9 217:3 53:24 173:24 201:4 203:18 45:5 73:15 74:7 85:18 249:1 219:16,24 220:13,19 223:7 205:7 259:1,4 savage screening 224:3,23 225:6 226:22 runs 222:9 231:17 214:21,25 216:20 227:18,20 228:21 231:6,16 109:22 save scrupulous 231:18 232:8 233:10 russo 207:4 81:1583:11,15,1984:4,10 235:23 237:3,17,20,24 264:16 265:2 saw 84:23 85:2 238:21 239:14 241:17 ryan 74:14 77:6 78:19 118:5 scrupulously 247:7 250:1 253:2,18,24 194:10,14,17 195:8,22 129:22 138:23 140:24 84:20 254:3 256:4,9,9,22 260:13 196:5,21 197:20,23 198:3,3 148:1 176:9 191:13 196:18 scrutiny 262:18 199:25 200:18 202:1 205:25,25 207:2 208:8,9,12 9:7 ring 203:11,23 204:8 205:3 208:18,20 222:7 225:14 seal 5:21,22 77:13 ryan's 227:19 229:14 265:16 rings 194:21 195:17 197:25 saying sealed 99:12 198:2 203:5 204:4 21:23 37:10,1347:1461:13 190:17 risk s 63:17 80:20 95:18 113:5,7 seams 44:25 45:5 46:15 60:20 61:1262:11 63:1572:13 191:11 risks 45:3,14 46:3,10,21,22 47:3 47:1761:5 66:12 ritchie sacrificed 7:21 13:10 safe 35:20 41:16,18 64:7 66:15 67:4 82:14,20 87:12 89:22 90:3 91:23 102:3,14,15,17 102:21 103:10,23 104:3,14 117:12 119:10 121:14 21:23 125:19 130:16 147:15 search 172:1 188:13 202:20 3:10 208:19 216:12 236:19 second 243:4 245:15 256:2 258:24 5:136:17,24 7:5,12 11:3 259:25 260:1,2 261:15 21:17 28:25 30:5 47:20 263:11 80:4 81:21 90:25 100:1 77:8 rkel 1051 10815 17 11011 16 110:17 111:2,7,12,24 says 7:14 9:16,19 10:3 12:19,22 101:15 144:20 146:3,4 161:7 166:11 188:23 207:4 163:18 112:10 132:9 156:19 12:24 13:10 14:19,24 15:24 209:4 214:15 224:5 226:15 robert 79:18,24 roman 74:18 77:24 220:21 246:4 roof 157:17 179:6 235:21 242:9 242:12 safety 44:11,20 85:8,10 92:7,12 92:14J 5,20 141:21 232:16 22:14 37:7 38:5 39:5 40:5 232:10,11 234:17241:6,7 60:3 65:3 81:7,15 82:5,6,16 256:13,22 82:17 108:19 138:19 142:4 secondly 149:5 174:3 175:8 187:11 40:7 76:25 134:12,16 160:7 188:8,10,15 194:3 195:1 secretaries 48:3 50:23,24,25 197:24 198:17 200:7 202:1 60:14 roofing 50:20 room 83:25 92:25 93:1 rotate 89:1 rough 172:16 2721 281 sake 215:16 sales 147:8 186:20 187:4 189:5 190:2,3,15 199:22,25 201:14,17202:17 203:6 207:2 210:4 211:18 212:3,6 214:20,24 215:16 215:23 216:4 219:1,12 220:24 221:12,17 222:19 228:1 232:18 233:10 234:21 237:9,22,25 240:7 243:1 262:23 secretary 143:19 147:9,12 section 15:24 18:8 79:18 80:1 194:6,6 sections 230:17 255:9 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007041 [security - sir] security separate shoes silos 245:9 15:14 40:3,3,5 79:1 243:9,10,12,18,19,20 116:7,9,11,17 117:1,6,10 seeing separately shop 117:13 125:11,17 130:23 104:2 153:21 200:8 242:22 129:10 164:8 165:7,7,10 166:22 seen September short 168:2,13,15 170:20 172:17 3:11 10:20 37:24 73:23 4:1 18:5 19:1020:5 79:16 41:9 80:11 115:5 151:20 173:10 174:13 175:5,20 77:6 96:16 104:13 126:23 96:4,6 97:10 98:13 108:12 191:23 229:16 177:17,25 180:14 181:17 134:7 137:23 147:24 183:1 109:4,11 110:6 115:7 124:6 shorten 181:20,22,24 182:5,15 195:23 201:16 205:24 182:1 205:21 208:4,4,15,22 243:19 184:13,16 185:5 186:2,25 206:1 214:12,16 215:18 series shortly 193:9 206:8,10,15 220:18 224:14 225:13,14 5:18 153:7 245:24 237:4 similar 226:24 234:1,10 249:13,20 serious show 56:24 57:4 184:4 238:6 249:24 250:5,7,7,9,11,12 54:20 55:16 82:2 94:20 49:19 68:13 104:9 128:19 240:3 262:11,16,22 263:2 136:23 140:3 175:9 176:10 132:8 144:4 156:14,17 similarly select 176:17,18 178:4 198:24 237:4 254:8 255:9 257:20 11:18 213:12 199:6 212:20213:17 showed simplistic self 239:20,20 243:11,24 244:1 47:6,7 52:6 156:6 203:8,9 91:25 78:21 244:4 203:10 252:7 simply sell serum shower 71:12 112:7 15:18 116:6 109:7,25 120:24 75:8 93:4 single selling services showers 33:15 34:8 119:11 133:10 158:10 84:19 86:14 87:5,7 singled senator serving showing 38:2 213:19 227:2 254:5 256:18 sink send set shown 132:17 165:19,25 76:14 231:3 247:7 265:15 121:25 sir sending setting shows 3:6,13 4:3,13,16,20 5:2,11 178:23 120:20 149:23 158:24 15:2 152:6 5:13,197:11,15,188:10 sense 159:1 199:11 sick 10:14 13:14,19 14:12,15,19 91:16 113:10 239:24 245:9 seven 108:16 111:1 112:20 14:24 15:22 17:18,22 18:13 sent 151:22,23 152:11 153:6 sign 18:14,20,25 19:3 21:1 6:1534:23 52:1 111:15 176:25 244:17 140:11 22:14 26:6 27:1 41:15 46:2 144:20 157:12 179:12,22 severe signature 57:6,12 59:3 60:5 64:10,12 193:8 52:19,19 54:21 136:18 225:25 65:18,20 68:20 72:3 73:11 sentence 137:7 140:7 signed 73:25 76:24 77:4,20,24 12:24 13:7 14:20 22:9,15 severity 230:6 78:12 80:4,6,14 85:7,9,12 23:5 38:10,10,12,13 40:20 136:18 significance 85:17 86:25 87:1 90:24 83:11 96:3 100:1,2,6,7,20 shape 14:25 92:23 94:6 95:7,23 96:2,8 101:16 108:19 109:3 115:20 126:9 130:6 174:18 significant 96:21,24 97:3,8 98:15 112:11,13,15,15,17,22 sheet 219:13 222:17 104:10 106:23 108:15 115:8 117:14 123:14 126:7 18:16 79:21 silage 109:16 113:5 116:1,15 131:14 132:2,5 134:12 sheeting 125:12 164:8,13,25 167:11 117:3,7,11 125:15 127:10 135:23 136:12 142:15,19 149:15 167:13,16,18 169:1,4,15,21 129:3,5 130:21 133:25 146:4 163:19 166:3,11 sheila 170:10,14,18,21,24 171:11 134:3,5,13,15,25 135:3,8 174:3 175:8 188:5 198:11 2:13 171:13 175:24 176:20 135:19,23 139:15,18,20 208:25,25 209:8,16 210:2,3 shelf 177:3 185:20 187:2,3 140:20 141:12,24 142:5 210:8,9,15211:16,24,25 129:24 130:12 206:16 143:5,6,10 144:12,14,24 212:10,10213:2,11 214:1 shells silicone 145:7,15,18,22,23 146:14 228:11 239:16 240:1 158:14241:15 245:7 146:15,18,22,25,25 147:3,5 247:13 251:3,10 shield silo 148:4,25 150:6,9,22 151:4 sentences 245:8 116:13 125:14,23,25 151:9,24 152:3,12,13 21:6 23:1,15 50:10 115:12 shift 164:13 167:4,22 168:5 153:12 158:25 159:12 213:4 219:1 67:5 73:3 74:23 86:17 169:16,21,24,24 170:3,7,12 161:22 162:14,17 164:11 sentiment 245:11 171:14,17,22 172:3,6,12 166:6,10 170:8 172:15 215:4 shoe 174:21 175:2 184:18 173:11 174:6 175:7 176:2 243:13 178:2 179:9,14 181:7 182:7 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007042 [sir - standard] sir (cont.) skipped someplace speculation 184:17 186:11,12,15,19,22 101:21 5:1 79:25 129:11 136:6 10:7 28:20,22 29:6,7,9,13 188:2,19,22 190:20 192:14 slight 138:13 193:4 32:18 36:13 88:7 178:25 192:17,21 193:11,25 8:14,20 9:3,15,21 12:22 something's speech 194:11,15,23 195:15,18,20 13:1 21:9 22:1 37:21 42:19 193:20 195:21 197:21 198:2 196:11 202:14 203:2 61:1462:7,9,10,15221:1 sommer 199:13 200:3,6,7,24 203:5 205:13,17 206:4,19 207:19 254:19 259:13 143:13 147:10 204:7,20 207:23,25 211:15 214:9,10 slightest soon speeches 217:7,10,16 219:4,9,16,24 76:21 141:5 190:14 238:5 194:13 200:12 204:18,23 220:3,20 221:11 223:11 slightly sophisticated speeching 224:4,13,18 225:3,4,5,22 14:14250:21 251:6,11,18 42:6 129:9 204:16 226:3,4,19,23 227:13,14,17 252:1,11 253:3,9,10 255:2 sorry spelled 227:19,21,25 228:21,25 255:15,17,24 256:15,25 81:20 128:15 136:3 144:20 248:20 229:4,13,21 230:4,7,15 257:25 258:17,19,21 155:12 198:5 210:2 247:17 spend 231:8,20 232:1 233:14,17 259:23 260:10,16 sort 127:7 234:9,20 235:14 237:6 slip 90:10 167:21 spending 238:24 239:3,7 240:6 242:2 48:8,10 sorts 53:10 196:2 243:23 245:14 246:3,7,10 slug 124:8 247:9 spent 249:9 257:19,23 258:1,9 64:16,21 65:9 soup 30:7 165:18 233:11 261:13 small 196:16 spiker sit 90:14,22 135:14 155:15 source 235:18 28:4 58:21 196:8 184:14211:12260:18 100:23 spill sitting smearing south 94:21 87:16 128:23 132:16 2:13,21 236:9 spills situation smith space 83:21 241:18 37:24 48:8 53:19 55:24 187:15 63:18 96:11 spoiler 57:24 58:13 61:1 62:16 so2 spaces 135:20 95:8 120:19 129:8 151:15 81:5 133:2 spokesman 152:9 166:19 179:18,21 soap spare 203:10 196:10,13 210:22 255:6 246:8 262:10 92:24 spot situations society speak 238:16,20 244:15 54:16 135:18212:2,19213:16 10:5 spread six sold speaking 75:18 3:23 58:15 64:11 65:19 95:13 115:24 116:8,9 119:7 134:23 springgate 67:4 68:4,5,25 69:4 70:13 132:23 155:19 170:16 speaks 150:8,11 163:1,11,12 70:16 72:6 85:22 101:20 soles 184:6 207:8 183:23 187:15 192:12 127:3 131:13 134:2 141:22 243:9,11,21 special 193:10 202:23 151:22,23 152:11,15 solicited 60:20 61:562:1063:15 St 159:24,24 176:25 188:11 30:19 66:12 72:13 247:10 248:3 1:1,27 2:1,13,16,25 45:5 194:2 204:12,13 216:15 solid specialist 57:16 73:16 74:6 75:1 76:5 218:25 221:12 232:2 17:15 145:12 148:6,8,15,16 59:25 76:9 79:20 85:19,23 86:10 234:13 237:25 238:2 244:2 148:16,19 169:13 specialists 86:12,13 88:1,6 92:9 94:16 244:5,6 254:5 263:7 solution 51:21 96:4 220:12 233:9 264:2,19 sixth 185:25 species 265:5,14 207:20,20,24 solve 158:15211:6 stack size 183:7,11 186:7 specific 127:2,3 64:1681:8 89:4 211:13 solvent 120:13 136:25 staff skeptical 243:18 244:18 245:5 specifically 180:23 235:15 203:12,17 solvents 95:17 170:4 239:15 stain skin 245:7 speculate 215:4 216:25 45:16 81:13 82:4 84:1,4,11 somebody 21:1828:1384:13 137:16 stand 84:25 86:5 131:6 133:2,15 20:21 32:19 43:17 62:22 148:11 204:3 210:7 219:8 9:12 44:24 45:4,12 71:23 133:17 134:17 136:22 63:5 72:9 130:2,10 138:10 222:13,16 226:9,11 254:10 106:25 131:19 191:17 140:15 198:19,21 239:10 138:23 144:18 179:18 speculating 223:15 239:13 240:5 243:13,22 189:11 194:19 202:2 36:13 standard 244:19 246:5 248:1 95:10 230:24 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007043 [standards - supposed] standards statements straws suffer 228:23 231:4 39:14 199:13203:18 32:24 21:12 26:5 36:3 199:2 standing 209:10,11 217:25 stream suffered 203:4 states 155:1 24:10 54:5 203:9 standpoint 6:18 7:20 14:5,5,17 23:5 street sufficient 82:1 26:9 32:9 36:2 74:19 83:10 1:26 2:22 265:13 21:8 43:20 72:22 104:25 stands 88:19 91:1 96:3 116:21 stretcher 109:14 136:21 215:24 71:19 163:15 192:2 119:20 130:19 131:14 93:7,10 231:2,3 start 134:16 137:14 142:16 stretchers sufficiently 3:5 7:6 22:4 28:16 74:19 145:9 148:5 149:1 150:7 93:9 86:8 78:5,6 133:20 145:8 263:9 152:15 154:4 156:24 159:8 stricken suggest started 162:15 166:1 174:12 175:5 30:10 130:1 138:1 177:16 181:10 53:19 127:18,18 139:4 177:25 185:6 187:19 189:5 strict suggested 158:9 184:25 186:6 248:11 189:12 191:25 198:9,16 115:22 116:3 126:12,12 183:24 256:12 248:17 263:9 199:19201:12,13211:25 127:13 128:10 129:25 suggests starting 212:18226:14230:16 130:9 230:22 18:6 86:1 181:14 185:11 232:12241:2 250:18 strike suit starts 256:24 98:23 123:1 134:11 141:20 92:24 196:23 216:14 stating 157:21 suitable stat 27:19,24 113:1 122:8 198:7 studies 232:19 233:24 262:10 210:14 37:15 107:19 210:24 suite state stationery 215:25 249:5,18251:1,4,13 1:26 264:18 265:4,13 1:2 2:2,14,16 12:9 20:8,9 231:24 258:12 sulfuric 28:20 29:5,5 100:20 101:15 status study 81:3,5 89:7 102:1 103:5,15 104:4 105:6 22:10,15 153:6 159:8 26:12,14 219:2 232:20,21 sum 105:10 106:24 112:1 186:18 233:8 232:24 233:2,3,8,18,24 11:19202:19 114:10 115:9 117:14 126:7 stay 257:14 summaries 130:5,20 135:17 136:20 32:4 91:13 112:21 115:17 stuff 215:17 138:24 158:3 163:19,20 stays 23:24 65:8,9 66:2 81:6 summarized 164:2 166:3 170:13 176:16 189:15 125:11,24 126:5 167:16 106:25 179:22 179:1 182:13 183:10,17,19 stepped 217:1,1 257:17 summary 197:14 198:10214:16 169:16 subheading 138:19 258:3 223:12 230:11 264:3 steps 74:19 summation stated 185:15 subject 148:14 14:3 19:19 82:14 88:11 sterilization 9:6 superimpose 92:19 120:16 124:5 126:16 237:11,19240:9,11 subjected 41:23 128:10 131:21 160:7 stimulated 55:5,17 81:7 superimposed 164:18 189:18 210:24 233:18 submitted 21:13 36:4 40:6 219:21 224:5 242:21 stipulate 113:19 superintendent 259:12 63:2,8 177:7 subparagraph 220:11 statement stipulated 141:22 supervisor 10:10 14:25 15:2 16:8,11 46:10 47:13 subsequent 29:25 44:14 235:16 16:14,19 17:2 26:16 27:5 stipulating 219:2 234:6 262:12 supervisors 27:16 29:8,8 30:10,23 31:4 47:11 substances 33:19 34:13,22 60:16,17 42:16 86:19 90:25 92:9 stood 228:3 supplemental 102:5 106:20 110:21 131:22 substantial 257:21,22 258:6,16,18 113:16 117:23 119:22 stop 42:19 259:12 129:4 140:1 145:14 150:15 92:4 121:21 155:4 263:12 substitute supplied 150:21 151:3 159:1 190:15 stopped 160:9,11,17 161:1 74:21 196:8 198:17 199:6,14 104:11 145:19,19 substratum support 201:22 207:25 208:3,5,8,14 storage 21:13 36:4 41:23 230:24 208:19,23 209:10 211:18 167:13 successful suppose 216:19218:9 219:14 store 154:12 175:23 86:21 92:24 130:10 142:24 234:25 235:5 236:1,15 129:24 sued 236:17 237:16 241:5 247:21 straighten 225:1 supposed 250:18 259:16 264:9 20:24 15:11 28:13 153:3 263:8 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007044 [supposement - tetrachloride] supposement systemically target terminate 20:3 107:20,24 188:25 190:2 supposition systems targeting terminated 50:5 60:11 190:17,22 188:24 189:6 190:4 sure task terminating 5:3 9:14 19:19 55:8,13 104:18 111:14 112:22 118:13 119:23 120:17 122:1 149:15,19 155:23 156:12,12,19211:23 215:18 217:24 223:18 234:1 245:18,21 249:22 252:4 263:17 surely table 19:16 83:24 84:18 tactic 28:10 tailored 151:14 152:8 taked 185:21 taken 224:7,8,8,12 228:7,9,14,15 190:8 228:16,16 terms taxed 84:8 107:23 158:1 265:1 terphenyl tcc 5:20 98:7 262:10 terphenyls tears 5:17 131:22 200:22 test teaspoonful 7:23,23,24 8:15,21 9:5,6 17:15,16 surface 81:9 145:13 243:22 246:5 surfaces 16:3,4,21 26:10 31:4 41:9 52:2 80:11 82:7 115:5 133:22 147:16 151:20 155:16,16 191:23 198:18 90:21,22 technical 242:10 telephone 10:13,17,19,25 11:1,3,9 12:25 14:2,21 24:18 89:24 126:2 153:7,10 155:14 156:10,17 185:3,4 203:16 83:24 165:8,10 surgically 84:20 surmise 146:6 surprised 229:16 264:12 talk 35:9 53:18 56:23 57:16,20 62:20,24 204:1 252:7 259:1,2,4,8 tell 260:19 261:10 3:20 5:4 10:16 47:16 60:8,9 tested 59:1460:1761:1,4 62:18 63:25 67:1 97:24 113:7 153:21 154:7 163:25 180:5 60:22 64:20 66:12,19 67:6 6:12 16:1 101:19 125:13 72:14 75:14 80:19 101:5 159:9 219:21 102:12 127:12 133:9,13 testified 3:8,9 surprising 182:3,6 184:13 185:5,18 196:15201:24 100:3 suspect 121:12 suspected 54:24 55:3,4,7,20,22,23,24 talked 29:25 30:15 34:3 35:23 56:25 58:4,4,14 84:18 110:10 135:11 176:13,14 184:10,23,24 185:2 202:5 139:8 141:8 143:11 148:7 3:16 34:21 35:6 53:7 153:12 154:24 155:5,18 260:15 156:9 161:10 175:22,23 testify 176:10 178:6,15 179:17 30:11 98:14 100:2 183:1 180:24 191:8 196:25 255:7 195:7 197:20 213:13 telling 225:19 103:6 133:16 170:13 testifying 56:2 262:8 swallow 251:25 talking 182:20 234:23 247:5,5 temperature 126:18,22 204:18 testimony 241:4 swelling 13:8,11 238:3,6 244:7,8 switch 37:10 sworn 9:15 16:17,24 21:16 23:3 23:24 24:14 27:2 28:12,16 31:20 33:17 37:5,14 38:4 39:10,16 44:1 53:4,11 54:13 57:10 64:20,24 65:8 66:19 80:8,8 81:2 84:7 81:10 126:5 131:4 24:12 30:2 41:7 89:8 temperatures 119:19 127:7 128:11 15:12 17:17 45:18 83:22,25 148:10 171:22 185:23 84:2 95:16 96:12 126:6 204:19 251:23 131:5 133:1 testing temporal 6:10,11,15 101:19 103:19 2:10 symptom 85:19 93:15 94:5 96:17 99:24 100:15,18 101:23 124:10 temporary 104:23 117:15,16,20,24,25 118:2 119:11 132:2,8 48:15,16,1849:13239:19 symptoms 48:11 49:20 54:5,6 57:13 198:23 synergism 11:15 synergistic 11:12,22,25 12:4,10 15:13 system 63:19 135:5 196:7 systemic 6:19 95:14,18,21 108:13 102:24 103:18 112:15 119:6 124:16 129:13 155:23 161:23 167:8 180:11 181:21 185:3 194:19 196:16211:19 214:23218:15,19223:18 235:3 242:24 243:2 252:4 253:22 255:6,12,14 talks 83:23 84:9 201:25 tape 114:21,23 133:24 151:18 95:10 153:13 159:13 185:15 ten 188:17211:5 257:11 49:2,6 78:6 83:3,5 98:23 261:18 99:2 153:21 tests tense 156:13,14,17 174:5 184:25 130:8 185:11 203:1,7,12,15,20,22 ter 203:25 5:23 tetra term 219:2 21:1791:5 101:10 155:15 tetrachlorbenzenes 155:19,22,22 156:3,11,15 219:17 173:24 185:4 208:3 209:17 tetrachloride 121:6 133:8 136:24 140:3,9 140:11,13,14,17221:15 191:19263:6,14 tar 50:21 211:4,11 233:7 243:3 261:18 7:22,23 8:4,21 9:1,9,18,23 10:2,12 11:1,4,12,22 12:24 14:2,21 15:6 22:11 23:20 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007045 [tetrachloride - toxicity] tetrachloride (cont.) think (cont.) three today (cont.) 24:1,8 25:5,16 26:4,6,8,9 181:11,13,18 182:2,9,25 5:23,24 7:3,19 22:3,10 24:4 127:8 134:8 147:25 190:22 26:13,22 38:7 39:13 40:4,9 183:4,16 184:5 188:19 38:21 70:8,9,12 73:4 74:18 191:6 195:6,23 196:8 60:8,12,15,21,24 61:17 189:2,10 190:7,10 191:11 83:10 85:21 88:11,15,20 208:10 210:24 225:19 62:10 63:13,23 64:8,15 191:18 192:8 193:5 197:4,7 89:3,9,13 91:2 92:1 94:1,1 234:10 248:23 249:14,21 65:5,13,21 66:14,16 197:9,25 198:13,14 201:3 94:7,7 103:4 105:7 106:21 today's tetrachlorides 202:2,19 203:19 204:5,24 151:7 154:4 160:5 164:3,8 249:4,24 250:2 66:10 204:24 207:11,13,16 167:6 177:9 194:25 199:17 told thank 208:17,20 210:7,24 211:7 199:18 206:5 220:21 28:8 44:11,13,17,21,22 63:1073:9 191:22 210:18 212:9 213:21 214:3 215:8 221:20,21 223:8 235:17 48:11 59:22 102:13 104:2 thanks 217:10,23 218:9 222:17 240:17 257:20,22 263:18 156:1,5,7 157:16 158:9 227:9 227:9 229:14,25 234:4,12 throat 169:11 174:17 178:17,18 theirs 234:14 235:19 236:6,11 94:22 95:4,9,18,21 185:14 242:3 262:12 246:19 262:8 239:13241:7,13,19242:7 throdahl tolerance thin 243:24 244:11 245:15,17 143:18 147:11 70:22 133:12 161:8 246:17 247:24 248:5,12 throw tom thing 249:16251:9,19252:18 72:19 70:24 12:6 20:18 23:23 78:10 253:22,24 254:8,16 255:22 throwing tomorrow 93:3 94:20 106:17 127:25 255:22,25 256:1 259:5,6,20 54:16 200:11 258:14 136:23 169:13 180:3 260:1,3 263:7,9,13,14 thumbed ton 197:21 218:21 247:1 256:4 thinking 73:24 170:11 171:12 259:5,24 263:16 100:25 101:4 130:3 153:15 till tons things thinks 27:22 114:19,19 197:2 170:10 171:11 35:9 52:4 61:24 63:4 81:11 71:3,21 263:7 top 89:6 92:17 106:8 113:2 thinning time 5:8 7:3 64:21 77:24 79:13 139:12 161:6 180:22 198:7 241:15 8:16 20:25 23:14 30:7 79:14 98:3 99:23 146:17 219:13234:15261:5 third 45:17 50:4 51:7 52:20 150:11 162:16 187:19 think 7:12 8:11 14:6 21:6 38:23 53:10,25 55:12,24 57:22 196:24 199:16,18231:10 3:19 9:6 10:7 12:22 15:6 38:23 95:24 126:7 134:11 66:23 67:1971:15,17,18 tore 18:3 19:12,25,25 23:12,16 134:12 189:5 230:9,16 74:22 75:4 76:16 86:17 176:5 24:18 26:7 28:8 31:24 257:8 94:9 127:6 131:13 133:20 total 32:11,20 33:22,23 34:17,18 thomas 138:21 140:25 143:15 214:5 228:4 265:6 34:20,25 35:8,9 36:13 2:23 145:16 153:15 157:23 totally 37:13 38:5,23 41:6 44:18 thorough 158:9 160:1 163:6 165:19 123:2 213:2,4 214:5 53:8,9 55:15 59:15 60:3 47:1 166:18 168:10 169:2 toto 61:25 63:1 65:1 68:2 69:18 thoroughly 178:19 180:11,21,23 215:24 69:20,22,23 70:1,19 71:3,4 246:8 185:10 191:4 196:2,18 touch 71:7,18 73:1,23 75:22 thought 205:9,25 207:5,11,12 211:5 224:6 76:16,25 78:23 79:9 80:16 8:16 24:16 39:19 80:2 212:20 213:16 214:8 touched 83:20,23 86:9,10 87:6,7 89:15 102:12,20 107:12 218:13233:11 235:11 122:24 88:4,17 90:5,18 91:16 93:5 127:1 144:20 146:8,19 243:3,12 244:1 245:18 tour 93:9 100:18 102:2 105:20 158:19 159:14,16,25 160:1 246:20 248:14,20 254:19 85:16 106:17 107:22 108:16,25 176:20 188:3 189:3 191:6 times toxic 109:22,25 113:9,13,18,21 193:24211:22212:19 15:3 24:15 70:8,9,12,14 15:25 16:14,15 22:13,22 114:14,19 117:21 119:10 213:16 226:7 259:11 262:1 73:5 105:24 106:1 135:11 38:8 65:6 85:1 86:10,13 122:4,16,19,20,21 124:7 263:16 176:25 177:9 215:14 107:3,20,24,24 108:6,13,18 126:19 131:12 133:4 137:8 thoughts 248:23 109:23 110:22 112:18 137:10,16,19,21 138:21,22 61:4 tins 117:22 129:17 142:14 139:9,9,21,21 140:23 thousands 86:2 211:1,12220:24 221:12 142:14 143:25 144:2 32:21,21 titled 228:2 240:2 145:19 146:10 147:5,23 thousandth 6:18 228:22 toxicity 148:1,10 149:14 150:3 90:14,20 tlv 6:14 11:20 74:19 79:17 152:18,19 154:1 156:22 threat 63:24 80:2 81:24 98:4,8,9 100:4 159:14,22 163:23 164:23 212:21 213:17228:5 today 100:16 103:19 108:5 165:14 172:1,25 173:23 threatened 28:5 61:24 70:18 89:8 117:15,24 132:8 142:12 177:3,9 179:1,6 180:3 31:21 98:14 100:2 106:10 126:18 203:23 211:9 218:22 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007046 [toxicity - use] toxicity (cont.) truth u unit 220:21,25 222:2 235:20 80:19201:13,21 u.s.a. 81:4 136:8 236:3 251:13 toxicological try 86:5 107:8 258:13 124:17,18 ultimate united 32:8 74:10 119:20 130:19 4:8 10:21 42:7,8 155:14 trying 188:25 156:23 166:1 174:12 175:5 156:10 259:18 262:7 toxicology 10:5 30:11,1454:15 119:13 umbrella 181:11 200:4,21,24 201:1 86:14 177:25 185:6 189:12 241:2 units 250:15 204:5 213:23 260:3 262:20 un 149:10 190:17,24 traced tubs 88:13 university 164:7 track 130:13 tucker unable 25:4 49:23 53:20,22 56:13 136:7 unknown 32:4 205:5 229:2,4 unbiased 137:17 170:17 221:2,13,21 tract tumor 121:5 unloads 198:19 252:11 255:8 unbroken 125:24 train tumorigenic 240:5 243:22 unnamed 107:11 250:21 251:6,11,18252:1 unconscionable 32:20 213:19 214:2,4 trained 252:11 253:3,10 255:3,15 122:20 unprofessional 86:8 255:17,25 256:15,25 uncontrolled 204:22 transcript 257:25 258:17,19,21 48:1 51:6 unpublished 264:15 265:1 259:13,23 260:4,6,17 undated 230:19 transcripts tumors 223:24 224:21 unrefuted 265:8 121:1 215:12260:18 undefined 9:13 transfer tunnel 84:8 107:23 158:1 210:4 unrelated 81:4 135:5 136:8 149:10 263:16 underneath 16:9,12 89:9 123:23 190:16,22,24 196:7 transfers turn 4:14 5:7 20:25 73:9,17 220:22,24 underscored unsafe 42:11 43:10 44:7 75:13,19 191:4 transformer 74:16 77:3,16,19 79:11 89:12 92:6 95:22 97:2 239:21 understand 75:22,23 82:21,24 83:6,7 86:23 87:1,4,7,9,15,18,19 35:22 194:6 244:12 133:18 134:2 139:22 11:8,8 26:11 42:24 55:15 88:9,14,16 92:20,22,25 transformers 140:19 141:19 143:3 60:2 70:1971:9 121:10 93:6,10,12,21 94:9 242:4 30:2 35:25 149:9,10 190:16 144:13 145:20 146:12,21 123:8 202:4 240:20 258:19 untrue 190:21 191:1,2 236:10 transpose 148:24 150:5 151:6 162:11 259:22 262:20 182:8 186:10 195:18 understanding 204:16 unusual 90:19 205:10 206:3,17 207:19 71:11 194:16216:10 95:8,9 treated 220:2 231:6 249:3 224:11 unwanted 8:3 27:7 turning understood 98:10 252:17,18 treating 206:20 40:15,16 upper 29:1 twist undiagnosed 77:7 162:22 treatment 119:13 29:4 138:3 urge 246:5 twisting unfair 204:22 treon 90:2 97:24 101:4 treon's 122:18 tying 51:12 34:25 unfortunately 41:5 urine 215:3,3 216:23,24 use 100:25 101:9 type uniform 15:3 57:10 59:13 81:6 trial 42:16 57:4 68:14 69:3,8 8:9 94:22 101:16 106:16 112:25 209:24 214:12 108:21,23 109:2,9 112:3 uniformly 115:17,24 116:22 118:25 tried 123:18 137:24 145:10,17 75:18 119:7 124:12,21 130:11,12 189:3 trouble 159:21 231:25 types unintelligible 121:9,13 122:16 130:14,25 131:1,3 134:22 144:19,19,20 149:22 150:4 121:19 157:19 226:20 true 109:19 typewriters union 75:4,6,9 76:6 159:17 162:2,4 178:7,16 180:16 184:8 189:13,19 86:21 105:2 122:4 195:7 60:14 unions 192:3 193:22 223:17 198:20 208:19,23 236:20 typical 76:13 230:18,19 234:23 236:19 237:12,13,13,15,16240:10 239:19 unique 236:22 237:11 240:9 243:3 240:12,16 251:21,22 typographical 108:4 244:22 245:4,10 246:23 101:2 255:23 261:18 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007047 [user - win] user view wanted weed 157:15 15:24 114:12,12,24 115:10 45:10 81:21 93:6,7 103:17 46:20 users 115:11,14,23 262:5 103:24 234:5 242:8 248:4 week 129:18,20 157:11,15 189:6 views 251:20,22 76:1 190:1,4,9 228:5 wanting weight uses vinyl 103:22 5:10 8:9 199:2 125:1 126:14 150:20,25 149:15 wants welcome 179:7 189:7 190:17,22 Virginia 71:19 175:15210:11 31:6,6 206:11 46:1,4,11 47:8,15,23,25 255:19 welfare usually 49:9 51:24 53:16 54:1 warn 79:19 232:17 91:18____________________ 57:25 58:17 236:10 39:7 68:15,17 72:23 76:22 went v vague 33:7,20 34:11,17,25 42:23 62:13 63:21 121:9 155:21 valid 71:11 255:20 validity 70:2 valuable 212:20 213:17 value 171:14,16 172:1 valued 170:10 vapor 89:23 198:19 vaporize 90:21 vapors 91:1,6 135:5 136:22 240:4 variables 247:9 varies 108:5 varieties 46:19 various 89:1 182:24,24 varying 54:23 vast 110:5 ventilation 63:19 verbally 111:23 176:11 184:4 verdict 114:5 vertigo 48:18 50:16 56:5 vessel 48:3 vice 143:15,16,16,17,17,18 volatilize 91:8,14,20 92:5 95:2,12,17 6:5 58:24 85:16 127:19 83:25 126:5 132:21,22 133:7 248:1 144:21 149:17 154:25 volume warned 163:13 183:16 185:10 1:1379:15 95:15 262:25 vomiting warning west 199:2 39:14 68:22,24 69:10 81:24 45:25 46:4,11 47:8,15,22 von warnings 47:25 49:9 51:23 53:15 56:24 57:8,10 16:5 17:1326:2 28:15 54:1 57:25 58:17 VOS 33:18,21 34:12,21,23,24 westinghouse 217:4,12 129:17 131:1,3 158:11 27:21 28:17 33:15 34:4,22 votes wash 35:7,23 41:19 42:4 43:7 200:5,25 201:1 204:4 74:23 75:21,22 84:25 85:1 59:19 61:3 62:20,25 66:20 vs 244:19 102:18,25 111:4,9,14,16,19 1:6 2:6 264:5_____________ washed 111:19,24 129:10 135:1 w wait 17:21 20:11 64:25 114:17 197:2 wales 74:11 walk 247:8 walked 234:3 wall 169:13 waller 1:24 walls 164:15 169:18 walnut 2:21 want 5:7 6:11 31:21 34:19 40:21 40:23 41:2,24 62:3 63:3 69:4 71:14 103:15 104:3 108:17,18 112:11 113:24 114:14 118:17 122:21 156:17 173:16,17,18 175:16,16 177:15 179:3 180:5 188:12 193:22 197:19 198:5 204:25 209:21 212:7,12 241:6 254:6 241:19,21,24 242:22 246:8 157:10,11,12,21 224:24 washing 235:15 236:1 237:8 239:2 245:12 we've waste 28:11 33:22 38:16 72:18,19 110:8,15 117:17,21 118:1,4 78:13,14 94:3,18 98:18 205:9 104:2 109:22,23,23 115:3 wasting 127:4,4 132:5 137:10 151:5 254:19 180:22 186:5 197:23 204:5 water 218:23 219:24 222:17 93:4 178:8 180:6 230:17 244:5 254:22 255:1 263:2,7 245:6 246:9 whatsoever waters 29:14 123:5 206:13 238:1 188:18 wheeler waxes 111:17 134:23 136:4 137:2 149:14 189:23 144:18 163:23 164:6,9,15 ways 180:2 184:11 232:5 235:18 167:14 169:12 whereof wear 265:15 75:21,24 94:12 242:13,18 whichever 243:14 246:23 21:25 163:6 wearing widely 243:10,20 135:16 wears widespread 73:3 116:22 140:8 weddell wife 77:8 121:22 wedell william 77:13 74:6 163:17 Wednesday win 3:7 200:5,25 201:1 147:7,8,11 163:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007048 [winning - zip] winning worker wpapa yetching 204:4 27:12,17 32:20 33:15 34:3 163:15 199:5 wiser 34:8 35:18 40:5,8 42:12,13 wright yusho 257:12 48:22 49:1,4 59:19 60:5 249:17 191:4 199:5,8 withdraw 247:18 62:8,21,24 63:8 64:5,8 67:3 wright's 68:21 75:23 84:11 87:25 261:24 z witness 120:19 132:9 242:4,5,12,22 write 2:1021:1823:1024:12,19 workers 58:25 59:4 97:21 133:5 3:8 233:3 234:6,7 28:20 32:1,5 39:18,21 56:8 67:24 69:21 70:20 79:7 107:8 128:22 133:19 137:16 148:10 149:19 27:3,7,19,24 28:5,6,13,17 29:1,20,24 30:15,16,20 32:15,21 33:5 35:23 41:21 43:10,16 44:9,16,21,25 161:11 162:18 186:3,4 235:10 writes 130:10 235:16 184:2 zip 163:17 150:1 157:4 160:23 172:25 45:1,4 46:3,11,16,22,23,24 writing 181:12 182:6 204:3 207:1 47:8,20 49:2,9 51:22,23 104:21 111:23 213:7,24 219:8 222:7,12,18 53:15 54:5,11 55:5,16 56:5 written 228:12 265:15 57:3,25 68:18 75:5 76:9,16 57:23 74:8 126:17 136:7 witnesses 76:17 87:10,20 89:9 91:8 143:1 144:17 194:4 217:4 204:25 91:12,16,20 94:9,11 95:2 217:12 220:6 226:16,25 women 105:1 111:7,11 125:10,17 256:14 216:25 133:5 137:9 157:22 158:8 wrong word 158:12,17,24 229:6 232:22 68:15 172:25 181:12 198:1 55:21,22 59:14 86:10 233:9 240:15 245:6 248:13 221:4 222:17 105:19 106:11 108:24,25 worker's wrote 128:25 134:12 138:11 101:14 83:10 85:4 105:10,14,15,17 192:24 207:3 208:17 working 105:20,24 106:14,17 110:6 254:19 255:14 259:23 27:22 32:8 35:24 44:10,17 111:17 127:13 128:17 wording 46:16 66:7,20 78:2 82:11 130:3 143:1 160:12 165:18 250:25 251:7 253:20,25 82:18 91:17 93:18 98:22 172:24 176:12,14 177:3 254:12,17 256:5 101:14 105:1 120:25 178:12,19 183:21 225:25 words 168:11 180:20 195:6 231:12251:7 256:13,18 10:5,6,8 23:11 81:1 95:25 196:12 224:11 225:18,22 257:15258:11 98:4 101:19 115:13 118:12 233:1 237:5 244:18,19,20 118:16,17 119:13 122:17 244:21 248:11,18 y 128:16 136:1 148:13 178:11 189:14200:19 workmen 38:3 135:24 136:14 243:17 136:7 210:4 213:18,23,25 214:2 workplace 235:2 260:14 43:6,7 58:16 60:10,18 9011 11 11 11 work 28:1242:11 43:10,14,15 44:6 54:24 56:19 58:20 72:1484:11 119:12,16 158:7 234:22 236:18 works 18:6 20:1867:12 114:16 119:9 192:11 212:8,13 59:21 60:7 73:3 80:3 83:24 86:6 236:9 238:2 84:18 88:5,14 90:2 97:23 world 97:24 100:3 101:9 103:6,8 27:14 236:2 19:12 85:19 87:24 101:7,21 149:3 200:9 211:5 247:23 103:9,10,12,18 104:4 worldwide 105:11 110:11,16 111:1,1 149:2 111:11 112:20,21 123:25 worn 124:11 132:9 224:9 230:22 242:22 233:11 236:4,7 239:23 worried 241:23 245:11,12 249:1 114:1 227:6 252:6 259:6,18 261:23 worry 262:7,7 108:20 112:2 113:23,24 8:18 10:20,24 27:4 29:11 43:17 59:18 67:21 88:4,8 88:11,15,20 89:3,9 104:11 104:12 105:18,20 107:9 114:5 128:17,18,25 160:24 184:1 200:24 203:8 204:12 204:13 206:6 238:1,2 worked 27:4 43:12 52:20 67:5 78:20 79:25 89:7 122:3,3 154:2 236:12 248:24 123:15,17,19 124:5,8 worse 24:4 251:11 worth 138:7 187:5 22:18,24 23:19 24:9 25:13 26:5,22 27:3,8,13 28:21 29:3 37:25,25 110:2,3 yesterday 107:10 148:1 225:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 5 LEXOLDMON007049