Document wDYYR5wBozQBdoaEyrZB7LBxE

1 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 4 GLENN BROWN, et al, 5 Plaintiffs, 6 vs. Cause No. 862-00694 7 MONSANTO COMPANY, 8 Defendant. 9 10 11 12 Volume III 13 Continued Deposition of R. EMMET KELLY, M.D. 14 On behalf of Defendant 15 June 12, 1990 16 17 18 19 20 WALLER REPORTING, INC. 21 515 Olive Street, Suite 1506 22 St. Louis, Missouri 63101 23 (314) 621-2571 24 25 26 27 28 29 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010290 2 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 4 GLENN BROWN, et al, 5 Plaintiffs, 6 vs. Cause No. 862-00694 7 MONSANTO COMPANY, 8 Defendant. 9 10 11 CONTINUED DEPOSITION OF R. EMMET KELLY, M.D., 12 produced, sworn and examined on behalf of the Defendant, 13 June 12, 1990, between the hours of eight o'clock in the 14 forenoon and five o'clock in the afternoon of that day, at 15 the offices of Communitronics, 1907 S. Kingshighway, St. 16 Louis, Missouri, before TOD MINNIGERODE, a Certified 17 Shorthand Reporter and a Notary Public within and for the 18 State of Missouri. 19 20 21 APPEARANCES 22 The Plaintiff was represented by Mr. Thomas M. 23 Carney of the law firm of Husch, Eppenberger, Donahue, 24 Cornfeld & Jenkins, 100 N. Broadway, St. Louis, MO 63101. 25 The Defendant was represented by Mr. David 26 McCrea of the law firm of McCrea & McCrea, 119 South 27 Walnut Street, Bloomington, Indiana 47402. 28 29 30 31 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010291 3 1 IT IS HEREBY STIPULATED AND AGREED by and 2 between Counsel for the Plaintiff and Counsel for the 3 Defendant, that this deposition continuation may be taken 4 in shorthand by TOD MINNIGERODE, a Certified Shorthand 5 Reporter and Notary Public, and afterwards transcribed 6 into typewriting, and that the deposition is to be 7 continued. 8 9 10 11 o-O-o 12 13 R. EMMET KELLY, M.D., 14 of lawful age, being produced, sworn and examined on the 15 part of the Defendant, deposes and says: 16 EXAMINATION 17 QUESTIONS BY. MR. MC CREA: 18 Q Dr. Kelly, how are you this morning, sir? 19 A Fine and yourself? 20 Q Pretty good. When we last convened we were 21 discussing Exhibit K-2, I believe, and if you would, sir, 22 turn to page 1023 as indicated by the article page number 23 at the top. The first full paragraph down about 24 two-thirds of the way, it states, "In approximately one 25 half of the workers exposed there developed comedones of a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010292 4 1 particularly heavy and tenacious type with resultant 2 sebaceous, abscesses containing heavy yellow pus and 3 serum." Can you again for us describe a comedone in 4 layman terminology? 5 A It's something between a blackhead and a 6 boil. A boil is an infected comedone. A comedone is a 7 plugged up sebaceous gland. 8 Q And when it says of a particularly heavy and 9 tenacious type, could you break that definition down for 10 us? 11 A I don't know what he means by heavy. 12 Tenacious means like if I use a common definition means it 13 took a little while to get well. You realize here he's 14 talking about chloracne in Europe, not PCB's at all. This 15 is chlorinated naphthalene he's talking about in this. 16 Q All right, sir, and that's identified in that 17 paragraph as chlorinated naphthalene? 18 A Yes. He refers to it at hexachlorobenzene - 19 Well, it's all chlorinated naphthalene. In 1918, these 20 cases were long before PCB's were invented. 21 Q Is that the same general family of chemicals, 22 chlorinated hydrocarbon family? 23 A Well, it depends on how widespread you 24 include the family. I mean, Italians and Irish and 25 Indians are all in the same family, but chlorinated Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010293 naphthalene is a different thing entirely than chlorinated diphenyl. Q What are the chemical elements in chlorinated naphthalene? A Chlorine, hydrocarbon -- chlorine, hydrogen, carbon. Q And those would be the same chemical elements in a PCB, correct? A Oh, yes, but it depends how they're -- Q Arranged? A Arranged. Coal is carbon, diamonds are carbon, but they're a little different. Q Could chlorinated naphthalene be accurately described as chlorinated hydrocarbon? A In one sense, yes. Usually people do not refer to a ring compound, which the naphthalene is, as a hydrocarbon It's usual, the usual termination -- terminology for hydrogen is a straight chain carbon with chlorine on it. But you could use that as a definition, yes. Q In manufacturing chlorinated naphthalene do you begin the process with benzene as you do with PCB's? A I don't know how they make it. Q It also states in that sentence, "With resultant sebaceous abscesses." Can you define that for 5 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010294 us? A An abscess is a boil. Sebaceous means a sweat gland Q And then it said -- A An oily gland of the skin. It's an oil gland of the skin Q Containing heavy yellow pus and serum? A Once it's infected, that's what the pus is. Q Then it states in the next sentence that -- and I'm having a little difficulty reading, it looks like Teleky, T-e--1-e-k-y? A Yes, sir. Q "Believes that the disease was due directly to the halogen content of the substance," and by that is he referring to the chlorine content? A Yes . Q Turning over to page 1024 -- Well, actually down to the bottom of 1023, it says, "Others," and then a series of names, "Consider it to be dermatitis due to the absorption of chemical compounds by the lungs or gastrointestinal tract with elimination by way of the sebaceous glands." MR. CARNEY: I'm going to object to this line of questioning. Are we still talking about a condition with exposure to chlorinated naphthalenes? 6 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010295 7 1 MR. McCREA: Yes, I presume that we're still 2 talking -3 Q (By Mr. McCrea) That still relates to 4 chlorinated naphthalenes, does it not, Doctor? 5 A Yes. 6 MR. CARNEY: I'm going to object to the 7 relevancy of that as opposed to the case we're involved 8 in, which is PCB's, and PCB's in any case are not the same 9 as chlorinated naphthalene. 10 Q (By Mr. McCrea) Dr. Kelly was there--Were 11 there varying opinions as to the manner in which 12 chlorinated naphthalenes caused the eruption on the skin? 13 Did some authors believe it was an irritation, did some 14 believe it was the elimination of the chemical through the 15 sweat glands and did others believe it involved liver 16 enzymes? 17 A I don't know where the enzymes are, but that 18 was a later belief. The first two beliefs I believe about 19 such as Teleky in 1918 was discarded sometime around the 20 1960's or seventies. But to answer your questions; yes, 21 with the exception that it was believed that there was 22 some change in the fat metabolism and the enzyme activity 23 of the body, yes. 24 Q And Teleky, his belief was what, that was 25 later changed in the sixties or seventies? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010296 8 1 A Well, I don't know exactly what Teleky 2 thought back there in 1918; but at that time the people 3 believed that this material got on your skin, plugged up 4 the sweat glands and caused it that way. 5 Q And could -6 A I think that was pretty rudimentary 7 approach to it. 8 Q And could that be described as more of an 9 irritant effect rather than a systemic effect? 10 A Well, irritant has a particular definition. 11 If you put paint remover into your skin you get red, 12 that's an irritation. Here we are not talking 13 particularly about irritation, we're talking about 14 chloracne. 15 Q Then below that on page 1024 is, "Report of a 16 Case," and in somewhat fine print it has, "History," of a 17 case, and it describes the actual symptoms of a worker who 18 was employed for Swann Chemical, is that correct? 19 A That is correct. 20 Q And does this article then go on -- does it 21 just have the one case history, Doctor? 22 A Well, it gives a short sketch of the sixteen 23 cases but they just gave the detailed history of Mr. O.D., 24 whoever he was. 25 Q Would O.D. be the initials of an individual? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010297 9 1 A That's correct. 2 Q And then on page 1025 it gives a summery of 3 the symptoms and treatment in sixteen cases of acneform 4 eruption, is that correct? 5 A Yes, sir. 6 Q Was it this author's belief that the acneform 7 eruptions were the result of exposure on the surface of 8 the skin, and that it was not the result of systemic 9 poisoning? 10 A I'll have to look, I don't think he has come 11 out with anything. He does say that some of the problem 12 may have been due to skin irritation of -- He doesn't make 13 any positive statement of what he thinks is the cause, 14 whether it's systemic or local action. 15 Q All right, sir. In the report of a case 16 which is described on page 1024, in the first paragraph it 17 gives a description of blackheads on his face, neck, arms 18 and legs. Does that fairly well speak for itself? 19 A Yes, sir. 20 Q In your opinion would that be an indication 21 of chloracne? 22 A Not of and by itself. It depends really on 23 what they looked like. 24 Q What would indicate to you that that 25 condition of blackheads on his face, neck, arms and legs Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010298 10 1 would be chloracne? 2 A If it started around the cheekbones. If 3 there were some pigmentation, it's -- Mr. O.D., being a 4 black man, I don't know of how well pigmentation could 5 have been observed. 6 Q Is it your opinion that if the condition does 7 not present itself initially on the cheekbones that you do 8 not have chloracne? 9 A No. No, I don't say that; but the majority 10 of them do start around the cheeks, around the eyes and 11 around the ears. 12 Q The next phrase states, "These areas itched 13 slightly." In your opinion could slight itching of the 14 skip of a worker exposed to PCB's be an indication of 15 chloracne? 16 A I don't think so. It all depends on what 17 else he might be exposed to, how long the PCB's were on 18 his skin. Itching in a chemical plant could come from a 19 great number of things. 20 Q Is itching a condition caused by an irritant 21 effect on the skin or a systemic involvement of the 22 chemical? 23 A In a worker it's due to the action on the 24 skin. In some cases there are allergic reactions that are 25 systemic that are accompanied by itching. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010299 11 1 Q If an individual is working in PCB's and 2 experiences a condition of itching would that then 3 indicate exposure of the skin to PCB's? 4 A Again it depends on what else he might be 5 exposed to. Maybe he was exposed to chlorine, maybe he 6 was exposed to solvents. 7 Q If there was no other chemical which by 8 history could explain the itching, would itching of the 9 worker's skin be an indication that there has been PCB 10 contamination of the skin? 11 MR. CARNEY: Are you excluding anything 12 outside the work place, like poisen ivy or some other 13 condition that might cause itching. 14 MR. McCREA: Right. 15 Q (By Mr. McCrea) If no other history of being 16 PCB's cause itching? 17 A I think if you get enough of it on you it 18 may. 19 Q Can itching result from systemic involvement? 20 A Of what? 21 Q PCB's. 22 MR. CARNEY: I'm going to object to the 23 question; it's vague and ambiguous to me. 24 A If the person has developed chloracne from a 25 systemic involvement from PCB he may get itching. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010300 12 1 Q (By Mr. McCrea) Then it states, "In a short 2 time blackheads began to appear on the chest, back and 3 lower part of the abdomen, around the navel and on the 4 scrotum and penis." Do you believe -- do you know of any 5 other conditions which can cause blackheads in those 6 particular areas of the body other than exposure to PCB's 7 or related chlorinated hydrocarbons? For instance, can a 8 teenager experience conditions in those areas? 9 A I have never seen teenage acne on the scrotum 10 and penis. There are any number of chemicals ranging from 11 wood treating chemicals to agricultural chemicals that can 12 cause widespread chloracne which is -- could be in those 13 areas. 14 Q And which wood treating chemicals and 15 which -- what was the other chemical? 16 A Pentachlorophenol. 17 Q All right, is that - 18 A 2,4,5-T. 19 Q And those chemicals can also produce 20 blackheads on the scrotum and penis? 21 A Yes. 22 Q What other skin conditions can appear on the 23 scrotum and penis as a result of exposure to PCB's, 24 related chlorinated hydrocarbons, pentachlorophenol, 25 2,4,5-T? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010301 A I don't know of any. Q Could boils appear in those areas? A Well, it all depends. I mean, what you mean by a boil, if you have chloracne there and these areas get infected obviously you've had an abscess. A boil is usually referred to as an abscess in a hair follicle, but these are not in the hair follicles but you get pustules and infected comedones is an abscess. It's pretty close to a boil. It's not exactly a boil in the terminology but it's close. Q If you examined a worker and he had blackheads on his scrotum and penis would you suspect chloracne? A No, not necessarily. I guess, I'd have to say where else it was, if that's all the place -- the only place it was I would not suspect chloracne. Q If it was on other areas of his body, such as his arms, his trunk, his face, would you suspect chloracne? A I would if there was any history of exposure to any chlorinated compounds. Q If you observed abscesses on his scrotum and penis and he had other skin problems would you suspect chloracne? A And a history of exposure to chlorinated 13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010302 14 1 compounds, yes, I'd suspect it. 2 Q Do you know of any condition resulting from 3 normal biological functions that can result in comedones 4 or boils on the scrotum and penis? 5 A Sure. You get jockstrap itch, and if you get 6 jockstrap itch and you scratch it and it becomes infected 7 you get boils and abscesses on the penis and scrotum. 8 Q Any other conditions? 9 A There may be some but that's the most common 10 one. 11 Q Have you ever seen it there as a result of 12 acne, teenage acne? 13 A No. I haven't seen very many teenage acnes, 14 either. 15 Q Have you ever seen it reported as a result of 16 teenage acne? 17 A Not that I recall. 18 Q Have you ever seen it reported as a result of 19 acne fulminans, fulminans? 20 A That means a pretty serious acne. Fulminans 21 means a fulminating acne and I don't know whether that 22 refers to teenage acne or chloracne. Could be referred to 23 both, either one. 24 Q So is it fair to say it's rare to find 25 comedones and boils on the scrotum and penis? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010303 15 1 A Certainly more rare to find it there than on 2 the face and arms and back. 3 Q The next sentence or at the bottom of that 4 paragraph said, "When seen in December 1933 the patient 5 complained of lassitude, loss of appetite and loss of 6 libido and said that his cutaneous condition seemed to be 7 improving." What is lassitude? 8 A Tiredness. 9 Q And can that be -- that condition would have 10 to involve systemic, that would be a systemic involvement, 11 would it not? 12 A Could be systemic, could be psychological. 13 Q And what is loss of appetite? Speaks for 14 itself? 15 A I think so. 16 Q And loss of libido, what is that? 17 A Loss of sexual drive. 18 Q And that would have to be systemic, would it 19 not? 20 A Not necessarily. It could any number of 21 reasons, it could be social, it could be psychological, 22 could be due to domestic trouble. 23 Q If those symptoms corresponded in time to the 24 chloracne would you suspect a systemic poisoning? 25 A No. I would not. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010304 Q Why not? A Because these symptoms are very common in almost any number of occupational and non-occupational conditions Tiredness, loss of appetite, that can occur -- loss of libido, it can occur for any number of reasons. The largest percentage is psychological in these cases. Q If the worker had no history of complaints of lassitude, loss of appetite and loss of libido before the onset of the chloracne would you find that to be significant from the standpoint of cause and effect? A No, I wouldn't; because here a man has been presumably off work, he's been going to several doctors. He's got a lot of changes in his before and after pattern. So I don't believe that one could just say that these symptoms, and remember these are symptoms, there's nothing objective that you can look at. These are symptoms that are very common and are seen in all sorts of instances. Q Could it be the result of systemic poisoning, lassitude, loss of appetite and loss of libido? A I would think you would have to know more about the case to know that. After all, there has been nothing else in here on these because the next sentence he says, "On examination he seemed to be in good general health." Dr. Jones in the next sentence did not ascribe 16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010305 17 1 lassitude to the PCB's. I believe that Dr. Jones made a 2 statement that would not be said today, in the next 3 sentence, but he did not agree that this was due to his 4 PCB exposure. 5 Q In the next sentence Dr. Jones states that, 6 "His meaning O.D. -- "complaint of lassitude was not 7 borne out by anything more than the usual temperament of 8 the Negro toward work." Dr. Kelly, isn't that flat-out a 9 racist statement? 10 A It certainly is, and remember this is Dr. 11 Jones, back in Georgia in 1935. So this is not my 12 statement. 13 Q Did Monsanto ever correct that statement by 14 confronting Dr. Jones and pointing out to him that that 15 statement was racist and had no basis whatsoever in fact? 16 MR. CARNEY: Let me object to this question. 17 It's an obvious attempt by Mr. McCrea to try to attribute 18 a very racist statement made by a doctor that had nothing 19 to do with Monsanto back in the 1930's in the South and to 20 somehow try to attribute or connect that statement, which 21 is abhorrent to Monsanto and to Dr. Kelly, as he's 22 indicated, to Monsanto and it has no place in this lawsuit 23 and to try to inject that to in this lawsuit is -- it's 24 very repugnant. 25 MR. McCREA: Well, lassitude is a symptom Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010306 18 1 which Dr. Kelly acknowledged was caused by the exposure of 2 the Japanese to the Yusho PCB in 1968. Lassitude is 3 clearly documented in this article written in 1933. The 4 point is, what credence did the PCB industry give to this 5 account of lassitude. 6 Q (By Mr. McCrea) Dr. Kelly, did you at any 7 point in time as medical director of Monsanto believe that 8 lassitude could be a symptom caused by exposure to 9 chlorinated hydrocarbons from 1936 forward? 10 MR. CARNEY: I'm going to object to the 11 speech you made. Move to strike. 12 A Let's have that question over please. 13 MR. McCREA: Could you read it back please? 14 (Reporter read back from the record as directed: 15 MR. McCREA: "Well, lassitude is a symptom 16 which Dr. Kelly acknowledged was caused by the exposure of 17 the Japanese to the Yusho PCB in 1968. Lassitude is 18 clearly documented in this article written in 1933. The 19 point is, what credence did the PCB industry give to this 20 account of lassitude? 21 Q (By Mr. McCrea) Dr. Kelly, did you at 22 any point in time as medical director of Monsanto believe 23 that lassitude could be a symptom caused by exposure to 24 chlorinated hydrocarbons from 1936 forward?") 25 A You have a multiple question there, Mr. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010307 19 1 McCrea, two that I know. Do you want to break it down or 2 do you want me to -3 Q (By Mr. McCrea) No. Just answer the last 4 one. 5 A Well, in the first place before I answer the 6 last one, you talked about the PCB's in Yusho. You must 7 realize that that has been acknowledged to be due to the 8 presence of dibenzofurans in the PCB's. 9 Now to answer the last question, I would have to 10 take a symptom into account with other -- with the 11 physical examination and the laboratory studies and the 12 general -- what other findings there were, if there 13 were -- Well, that's the answer. 14 Q Dr. Kelly, you and your attorney acknowledge 15 that this was a racist statement by Dr. Jones in ascribing 16 lassitude and stating it was not borne out by anything 17 more than the usual temperament of the Negro toward work; 18 and I know that you don't believe that and I know that no 19 one believes that statement. Isn't it a fact then that 20 lassitude was a documented symptom of this individual who 21 was exposed to the chemicals in the workplace at Swann? 22 A Yes, sir. He did tell Dr. Jones I feel 23 tired. 24 Q And that there was no explanation for that as 25 Dr. Jones suggested, I mean, that is just totally outside Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010308 20 1 the realm of any validity, correct? 2 A No. I don't know what you mean. It's 3 totally outside the realm of any validity; I don't know. 4 I can't make sense of that statement. 5 Q Well, he ascribed that to the fact that this 6 man was black? 7 A Well, he did say he could find no reason for 8 the lassitude. 9 Q Well, isn't there - 10 A Wait, just a minute, let me finish. He said 11 this complaint was not borne out by anything, now, okay. 12 He didn't find anything else. He ascribed it to -- in a 13 racist manner which I disagree with; but I have to agree 14 with this first part when he said he didn't find anything 15 to bear out the tiredness. 16 Q Well, isn't it a fact that the man had just 17 been exposed to PCB's, contaminated with whatever and had 18 a horrible skin condition and was complaining of lassitude 19 and shouldn't the doctor have considered lassitude as a 20 consequence of the exposure? 21 A I would not - 22 MR. CARNEY: Let me just object; to have Mr. 23 Kelly or Dr. Kelly speculate as to what was inside Dr. 24 Jones' mind at that time - 25 A Well, that's what I was going to say. I have Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010309 21 1 no idea what Dr. Jones' thoughts were in 1935. I don't 2 know what he thought of, I cannot put myself inside his 3 head. 4 Q (By Mr. McCrea) But we know it's not related 5 to the reason ascribed by Dr. Jones, agreed? 6 A Yes. 7 Q We know that the man had exposure to PCB's 8 and had a skin condition that was very obvious, correct? 9 A Yes. 10 Q Doesn't that give medical credibility to the 11 fact that the lassitude could be the result of the 12 exposure to the chemical? 13 A It's possible, but it could also as I said 14 earlier it could be due to a great number of psychological 15 problems. Here a man is off work, here a man is making 16 trips to the doctor, here a man is hanging around the 17 house. I don't know what was happening to him. I don't 18 know what made him tired; but you can see people who are 19 ill that feel tired, and this man was in good general 20 health according to what he seen, in good general health. 21 I can't say any more than that. The general physical 22 examination revealed nothing of importance outside of the 23 skin condition. 24 Q Describe to the jury your interpretation of 25 the finds of lassitude in this article. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010310 22 1 A Well, this article states that Mr. O.D. had 2 lassitude, which meant he felt tired. Dr. Jones says a 3 general physical examination revealed nothing of 4 importance. Dr. Jones said he seemed in good general 5 health and his complaint of lassitude was not borne out. 6 Now if he stopped there that would be fine, he couldn't 7 find the cause of the lassitude. Well, he proceeded on 8 what we know is a racist type of mindset, and that's all I 9 can say about it. 10 Q If I called you and asked you after you read 11 this article if you felt lassitude could be a consequence 12 of this man's exposure to the chemicals, what would your 13 answer be? 14 A Say that over. I want to get this exactly 15 right. 16 THE WITNESS: Could you read it please? 17 MR. McCREA: Read that back. 18 (Reporter read back from the record as directed: 19 Q "If I called you and asked you after 20 you read this article if you felt lassitude could be a 21 consequence of this man's exposure to the chemicals, what 22 would your answer be?") 23 A It might and it might not. 24 Q (By Mr. McCrea) What would you, Dr. Kelly, 25 do to determine if in fact the lassitude was caused by the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010311 23 1 exposure to the chemicals. How would you go about 2 determining that medically? 3 A I don't think you can. 4 Q Would you take a history and ask him if 5 during his twenty-six years he had ever felt tiredness 6 before? 7 A I may have -- I certainly might, yes. 8 Q And in - 9 A This doesn't say whether he had ever felt 10 tired before, either. 11 Q Wouldn't that be something that you would 12 want to know as a doctor in trying to determine if the 13 chemicals caused lassitude? 14 A I am saying that, yes, but you have to 15 remember that the question is: Did the chemical cause the 16 lassitude? Did the man's illness and the sociological 17 changes in his environment cause the lassitude? Did being 18 out of work cause the lassitude? I don't think anybody 19 can say this caused it, and this didn't cause it. 20 Q But if in fact the chemicals are causing 21 lassitude then that means there is a systemic involvement 22 that is of significant, correct? 23 A No, not correct; because in the absence of 24 any physical signs, in the absence of any laboratory work, 25 just the fact that a man feels tired is not a significant Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010312 24 1 symptom, no, sir. 2 Q What about the libido, loss of libido? Have 3 you seen that reported in the literature, other than this 4 article? 5 A I've seen it reported in the literature for 6 probably fifty chemicals. 7 Q How does chemical exposure result in loss of 8 libido? 9 A I don't think it's known and it's also -- I 10 don't think it's known whether it does. 11 Q Well, you stated that you have seen it 12 reported as a result of exposure to some fifty chemicals? 13 A No. I didn't say as a result of exposure. 14 Said in connection with. 15 Q Can you describe some of those chemicals for 16 us, list some of them? 17 A No, I can't, but you can go through almost 18 any trial and you will find that loss of libido is a very 19 prominent symptom, no matter what the chemical is. 20 Q Describe to the jury your interpretation of 21 the report of this worker that he experienced loss of 22 libido, based on all the knowledge which you have right up 23 to this date? 24 A Will you repeat that again? 25 MR. McCREA: Could you read it back? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010313 25 1 MR. CARNEY: Yeah. Let me just for the 2 record object to the question on the ground that I think 3 it's vague and ambiguous. 4 (Reporter read back from the record as directed: 5 Q "Describe to the jury your 6 interpretation of the report of this worker that he 7 experienced loss of libido, based on all the knowledge 8 which you have right up to this date?") 9 A Well, I can't describe what he -- because I 10 didn't take the history, I don't know how much loss of 11 libido he had. I don't know how his libido was five years 12 before this, and I don't think any -- When you say the 13 knowledge I have up to this present date, my knowledge of 14 libido being lost by workers who have alleged loss of 15 libido as a symptom, that's a pretty hard thing to prove. 16 Q (By Mr. McCrea) But the complaint is one 17 that's very specific, is it not? 18 A Specific as to what, the chemical? 19 Q As to symptom? 20 A Well, certainly, it's -21 Q And it's one that you take seriously, if 22 someone reports that to you and they report a chemical 23 exposure, you know from your experience that loss of 24 libido has been associated with exposure to some fifty 25 chemicals? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010314 26 1 A In conjunction with exposure, yes. I do not 2 know that it has -- I certainly did not say that that loss 3 of libido has been caused by exposure to these fifty 4 chemicals. I said that loss of libido is a symptom that 5 is prominent in histories of people alleging injury from 6 chemicals. 7 Q This article dismissed outright those 8 symptoms of lassitude, loss of appetite and loss of 9 libido, did it not, it gave them no credence? 10 A I don't know what your interpretation is 11 there. It gave them no credence what? He put it down, he 12 said, "This man told me that he has loss of libido." 13 Q Does he ever discuss it? 14 A No, he doesn't discuss it, no. 15 Q But that was essentially documented in 1933 16 in this article which you have relied on in your direct 17 examination as I recall and there's no other explanation 18 other than the chemical exposure or his being fatigued as 19 a result of being out of work? 20 MR. CARNEY: I'm going to object to the form 21 of the question. It's compound, it's vague and ambiguous. 22 Q (By Mr. McCrea) Let me ask this, I agree 23 with that. Did you take those symptoms seriously when you 24 read this article, loss of libido, loss of appetite and 25 lassitude? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010315 27 1 A I don't know what you mean, serious about 2 what? So this man had some symptoms, yes, but his main 3 problem was his skin. He came in, and was treated for his 4 skin. He was in pretty good, quite -- nothing of 5 importance in his physical examination outside the skin, 6 and he got well. I didn't pay a great deal of attention 7 to the symptoms, no. That's a whole -- you're picking one 8 small item out of the whole makeup of the individual. 9 Well, I'm not saying that libido isn't important, let me 10 get that right, but -11 Q I don't know that lassitude, loss of appetite 12 and loss of libido are any less significant than 13 chloracne, Doctor. 14 MR. CARNEY: Well, I'm going to object to 15 what's more significant. I don't know what's more 16 significant than what. I don't know how you compare loss 17 of libido to loss of appetite in terms of -- I don't know 18 what you're trying to get him to compare them to. 19 MR. McCREA: Well, he said that it's one 20 small item. 21 A Did I say small? 22 Q (By Mr. McCrea) I thought you said one small 23 item. 24 A Well, then I went to correct it. I do not 25 want to minimize loss of libido. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010316 Q Right. Did you service the workers at Monsanto Company for loss of lassitude who were exposed to PCB's ? A No. The physicians did, examining physicians. MR. CARNEY: I'm going to -- Q (By Mr. McCrea) And did you instruct them to look for this condition? A For what condition? Q Lassitude? A No, sir, because a physician knows when he's examining a man, he asked him, "How have you been feeling? Are you tired?" He goes through a whole gamut of questions. Q With this report in 1933 why didn't you direct your physicians to look for those symptoms in the workers? MR. CARNEY: Well, I'm going to object. I think he's already answered that they knew how to take a history which would include those questions. A These physicians are people who have examined workers all their life. They are experts at it. They don't need to be told to look for one or two isolated symptoms. You are picking one or two symptoms out of a whole category of questions that people ask during the 28 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010317 29 1 course of a history and physical examination. 2 Q (By Mr. McCrea) Lassitude is one of those 3 symptoms which you stated earlier in your deposition was 4 related to the Japanese exposure to the Yusho oil, 5 correct? 6 A Yes, the Yusho oil. 7 Q Dr. Kelly, going down to physical 8 examination, it says, "On the forehead extending within 9 the hairline and on the cheeks, chin, nose and neck were 10 numerous small very black tenacious comedones, their 11 distribution being best described as peppered within the 12 skin." Could you explain that description to the jury 13 in any more detail other than what is stated there? 14 A No, sir. I don't know what he meant. 15 Q When it says within the hairline, what does 16 that mean? 17 A Well, I think everybody knows what a hairline 18 is. That's where your scalp stops and your forehead 19 starts. 20 Q So there would have been according to this 21 observation small very black tenacious comedones within 22 the hairline itself? 23 MR. CARNEY: Well, I'm going to object. 24 You're asking this witness to possibly speculate as to 25 what those words mean and what Dr. Jones meant. I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010318 30 1 think -- I don't know that this witness is any better at 2 reading those words than the jury or the lawyers are. 3 MR. McCREA: I agree, I think it pretty well 4 speaks for itself. 5 Q (By Mr. McCrea) But I would like to clarify, 6 doctor, if in fact there were small very black tenacious 7 comedones inside the hairline. In other words -- 8 A That's what he said. 9 Q Have you seen that reported in other cases of 10 chloracne? 11 A I may or I may not have. It's not a very 12 prominent -- it doesn't stand out very much in my mind. 13 Q But it did in this case? 14 A Did and he reported it. 15 Q Isn't it true, Dr. Kelly, that there's a 16 great variability among people to symptoms, for instance, 17 I could walk through a patch of poison ivy and break out, 18 and somebody else could lie down in the stuff and not be 19 effected, is that generally safe -- Is that fair to say? 20 A Well, no, because first of all you're 21 confusing terms. A symptom is a complaint that's not 22 objective. You can't see it. A sign is what you would 23 get when you go into poison ivy. You would get a blister, 24 you would get redness. A symptom would be itching. Now 25 to answer your question, yes, some people when exposed to Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010319 31 1 poison ivy get a symptom of itching, some people don't. 2 Q And that's just because we don't all react in 3 the same way, fair statement? 4 A Yes. But that's over-simplistic, it all 5 depends on how much you get. Some people -- The same 6 person might react to a good-sized dose of poison ivy, and 7 he wouldn't react at all to a small dose of poison ivy. 8 Q Have you ever seen two cases of chloracne 9 which are just identical? 10 A No. 11 Q There is some variability to all of them, is 12 that a fair statement? 13 A Oh, yes, from insignificant to severe. 14 Q What would be an example of an insignificant 15 case of chloracne? 16 A Something a man doesn't know he has until a 17 doctor looks at it and says, "I think you've got 18 chloracne." 19 Q What would those signs be of an insignificant 20 case? 21 A Small blackheads around the cheekbones. 22 Q Anything else? 23 A That's it. 24 Q Then the next, it says, "Many of the 25 comedones surmounted firm shot-like cysts which in some Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010320 32 1 areas contained viscid yellow pus." What does that, break 2 that down for us? 3 A This means that these blackheads were sitting 4 on top of a cyst. A cyst is a collection of liquid or 5 semi-viscous material or pus in these cases. So here we 6 have these little blackheads sitting on top of a circular 7 area that contained yellow pus. 8 Q Next sentence, "The pustular elements were 9 more noticeable on the neck." Can you tell the jury what 10 that would appear to be? 11 A It means whatever he had were more noticeable 12 in his neck than anyplace else. 13 Q What does it mean, pustular? 14 A That means the cysts that contained viscid 15 yellow pus that he mentions in his previous sentence. 16 Q "Some shot-like comedones had appeared only 17 the shoulders, mid portion of the back and chest with an 18 occasional large cyst." Does that fairly well speak for 19 itself, Doctor? 20 A I think so. 21 Q "A particular peppering of the skin with 22 tenacious carbon-colored comedones was apparent around the 23 umbilicus and lower portion of the abdomen." Is that 24 descriptive in and by itself? 25 A I think so. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010321 33 1 Q "The scrotum and penis were involved in a 2 similar process; the former being given more to the 3 formation of cysts." We've discussed that? 4 A Yes. 5 Q "The outer surfaces of the forearms and 6 interior thigh showed similar but fewer comedones." Can 7 you show to the jury what is meant when they state the 8 outer surfaces of the forearms? Is that this part here? 9 A That's outer, this is inner. 10 Q So it would be this part of the forearm which 11 had comedones, correct? 12 A Yes, sir. Fewer they said. 13 Q Yes. And then it says, "The anterior thighs 14 likewise showed fewer comedones," and anterior would be 15 the front portion of the thigh? 16 A That's correct. 17 Q Have you seen that condition in other cases 18 of chloracne where it's on the outer forearm and the 19 anterior thigh? 20 A Yes. But not limited to those areas, yes, 21 sir. 22 Q In addition to other places? 23 A Other places? 24 A Yes, sir. 25 Q Other places. Says, "The whole eruption was Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010322 1 acneform but differed from acne particularly in the lack 34 2 of a seborrheic appearance of the skin and in the 3 peculiarly deep black of the comedones as well as a 4 general peppered distribution in areas not usually 5 involved with acne vulgaris?" Can you explain that to the 6 jury? 7 A Well, acne vulgaris means common acne, 8 teenage acne which goes up to at adult life. Seborrhea is 9 flaking of the skin, redness of the scalp and flaking of 10 the skin also that accompanies teenage acne. The deep 11 blackheads seen in chloracne are not usually present in 12 acne vulgaris, that's what he says. 13 Q All right, sir. Then he goes on to describe 14 treatment and he goes on to describe microscopic 15 examination on page 1025? 16 A Yeah. Well, he also, to end up, be complete, 17 he also ends up saying a general physical examination 18 revealed nothing of importance. 19 Q All right, sir. 20 A And the treatment, yes, sir. 21 Q And on the general examination which revealed 22 nothing of importance, what do you understand to be a 23 general physical examination? 24 A Examination of the heart, lungs, blood 25 pressure, abdomen, neurological system; the whole business Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010323 35 1 outside of the skin. 2 Q But nothing specific? I mean, it's not -- he 3 wasn't referred to a specialist in neurology by Dr. Jones. 4 A No, but he had no symptoms of findings 5 that -- after all Dr. Jones is a physician, he would know 6 if a man had neurological symptoms or neurological 7 findings. 8 Q Well, couldn't lassitude be a neurological 9 symptom? 10 A No, sir, lassitude, a neurological -- it's 11 hard to say whether a symptom is neurological or 12 psychological. 13 Q Could it be a neurological symptom? 14 A I don't think so. I wouldn't include it as a 15 neurological symptom. 16 Q Can a person experiences lassitude as a 17 result of medications? 18 A Oh, certainly. 19 Q And how is that brought about? 20 A You have medicines that are depressants. 21 You're using the term neurological and I'm using the term 22 psychological. 23 Q Well, if it's a depressant and it affects the 24 brain? 25 A Yes, sir. That's correct. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010324 Q And that can result in lassitude? A Yes, sir. Q Page 1025, treatment, they gave this man radiation, correct? A Yes, sir. Q Then microscopic examination. Dr. Kelly, have you ever done microscopic examination of skin samples of individuals in whom you suspected chloracne? A No, sir, I have not. Q And they describe on page 1025, "Summary of the symptoms and treatment in sixteen cases of acneform eruption," and across the top it has case, and a number, age, race, type of skin, type of eruption. Is that time of exposure, I can't read it on mine? A Yes, time of exposure. Q Time of exposure, and special treatment and it goes through all sixteen cases? A Yes, sir. Q Do you know which after these individuals you consulted when you became medical director? A No, sir, they don't have the names down. Q But you did consult -- A Some of them, yes. Q Some of them when you became medical director for Monsanto Company? 36 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010325 37 1 A Yes, sir. 2 Q Did you make any inquiry into the symptoms of 3 lassitude, loss of libido, loss of appetite? 4 A Not that I recall. I don't know if I did. I 5 asked them how they were feeling. When they said they 6 felt fine I figured they had no symptoms. 7 Q Before you commenced your consultation with 8 these individuals you had read this article? 9 A Yes, sir. 10 Q The microscopic examinations described in 11 this article, is there anything you feel is indicative of 12 chloracne as aerolites of microscopic examinations? 13 A Are we talking about this article or any 14 time? 15 Q No. In general. 16 A Yes. Some dermatologists and some 17 pathologists believe that they could tell chloracne by 18 microscopic examination. 19 Q Who are some of those folks? 20 A Suskind is one. 21 Q Who else? 22 A Gosh, I don't remember them offhand, but -23 Q Page lOtwenty-six iswhat, is that a 24 photograph of a microscopic examination? 25 A A section of the skin fromthe chest showing Kelly, R. Emmet M.D. (fmr Mons MedDir) inBROWN Volume 3 WATER PCB-SD0000010326 38 1 the formation of the acneform eruption, eruption meaning a 2 condition or rash, acneform being acne. 3 Q Is that a situation where they actually took 4 a photograph of the microscopic -5 A Yes, sir. 6 Q Picture? 7 A They took one out of the skin and sliced it 8 and put it on slide and put a microscope on it and put a 9 camera on top of the microscope. 10 Q Page 1027, "Twenty-three of twenty-four men 11 reported acneform eruption on the face and body." It says 12 of the twenty-three, sixteen were examined. What does 13 this mean, Doctor, just above the photograph, "In many 14 patients numerous small sebaceous abscesses developed 15 particularly around the -- I read that as c-o-l-l-o-r-a, 16 is that correct? 17 A Collar, collar, they just spelled it wrong. 18 I think it's the collar line. That would be what I would 19 think. 20 Q That would be just above the collar around 21 your neck? 22 A Yes. 23 Q But that c-o-l-l-o-r-a is just a misspelling? 24 A I don't know. I don't know what else it 25 could be. I have never heard of a work like Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010327 39 1 c-o-l-l-o-r-a. 2 Q And it makes reference in that same sentence 3 at the end to scarring, "Leaving in their wake much 4 scarring." Is that something that has been reported in 5 chloracne, scarring? 6 A Well, it's been reported in chloracne, it's 7 been reported in teenage acne, it's been reported in adult 8 acne. Wherever you incise a cyst that has pus in it, you 9 get a scar from the incision and the healing. 10 Q Next couple of pages describe the process of 11 manufacture, is that a fair statement, Doctor? 12 A Yes, sir. 13 Q Break time. 14 (Whereupon, a short break was taken.) 15 Q Dr. Kelly, we're ready to resume here. This 16 morning we have discussed Exhibit K-2, which I believe you 17 have in front of you? 18 A Yes, I do. 19 Q And for the record that document is titled, 20 An Acneform Dermatergosis -- Can you pronounce that for 21 me? 22 A No. That's a -- I think you're doing as well 23 as anybody. That's an obsolete term. 24 Q Authored by Jack W. Jones, M.D. and Herbert 25 S. Alden, M,D., Atlanta, Georgia. Do you know if you in Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010328 40 1 fact interviewed the individual whose case was reported on 2 page 1024? 3 A No, sir, I do not. 4 Q Just to be clear for the record and I think 5 this has been asked and answered, but just to be totally 6 clear, when you interviewed the workers who had been 7 exposed to these chemicals in 1935 or 1936? 8 A Wait, I did not -- which of the dates, '35 or 9 '36. 10 Q When you interviewed them? 11 A No, I didn't interview them in '35, I wasn't 12 with Monsanto in '35. I didn't interview them in 1936, it 13 was '37 or '38 . 14 Q Thank you. When you interviewed them, you 15 did not ask any of them if they had experienced tiredness 16 when they were exposed to the chemicals? 17 A To the best of my knowledge, I did not. I 18 asked them if they had lost any work, how they were 19 feeling and the response was favorable. They said, "I 20 feel fine." 21 Q And just to be clear on the record, you did 22 not ask any of them if they had experienced a loss of 23 appetite when they developed the chloracne? 24 A You mean I did not ask them in 1937 whether 25 they had lost their appetite in 1935? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010329 41 1 Q No. When they had the chloracne. 2 A Well, that's when they had the chloracne, in 3 '35. 4 Q I thought it was earlier. 5 A Well, it was very -- Well, whenever they had 6 the chloracne, no, I did not. 7 Q And again to be clear for the record you did 8 not ask any of the individuals whom you interviewed if 9 they had experienced a loss of libido when they suffered 10 the chloracne? 11 A I did not in 1937 or '37 or whenever. I 12 discussed their case with the workers that has chloracne 13 and when they were working for the Swann company I did not 14 ask in 1937 or '38 if they had loss of libido. No, I did 15 not. 16 Q And again, to be clear for the record, when 17 you interviewed the workers you had read this article? 18 A That's correct. 19 Q You had also I believe talked to Dr. Alden or 20 Jones? 21 A I believe I had. I'm not sure I did. 22 Q Before you interviewed the workers? 23 A At some -- Yes. I'm not sure that I did. I 24 mean, I'm not certain of that. That is fifty-five years 25 ago. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010330 42 1 Q Did you generate written materials as a 2 result of your interview of those workers? 3 A No, I did not, no. I think you're stating 4 this interview, I saw these workers while they were 5 working and I asked them if they had been -- some of the 6 ones that had been seeing Dr. Jones and during the course 7 while they were work, I talked to them about their present 8 medical condition. 9 Q Could we - 10 A It was not a formal interview. 11 Q Excuse me. Could we call that medical 12 examination? 13 A No. We could not. 14 Q Did you interview them in an office type 15 setting? 16 A No, I saw them at their workplace. 17 Q Doctor, can differences in the color of PCB's 18 indicate impurities? 19 A Yes. 20 Q Did Monsanto publish documents which 21 described variations in the color of certain Aroclors in 22 the manufacturing process? 23 A I don't know whether they did or not. 24 Q As of this date you have no knowledge of 25 documents published by Monsanto which describe variations Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010331 43 1 in the color of Aroclors? 2 A Well, I don't have any specific knowledge, 3 but it may exist. I don't know. 4 Q What would that indicate to you if there was 5 a variation in colors? 6 A I am not a manufacturing chemist. I cannot 7 comment on that. 8 Q On page 1030 at the bottom of the paragraph 9 beginning, "In the beginning," it states -- and I'll read 10 the sentence, "In the beginning an attempt at prevention 11 of the condition was made by being especially careful that 12 all men engaged in the manufacture of chlorinated diphenyl 13 should have a thorough bath after working hours and that 14 they should wear freshly laundered clothing before 15 starting work." Would you consider a deviation from that 16 practice as an unsafe practice? 17 A No. It all depends on what the working 18 conditions were. In other words, if this referred to the 19 early days of manufacturing chlorinated biphenyl at 20 Anniston, that's one thing. If it referred to after we 21 had -- after the modernization of the plant and the 22 improvement in the housekeeping and the improvement in 23 ventilation they may not have had to do this. 24 Q If a worker came up to you and he said, "Dr. 25 Kelly, when should I have a thorough bath after working Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010332 44 1 hours and wear freshly laundered clothing?" What would 2 you tell him? 3 A About what? He just walks in and asks 4 anything? 5 Q Yes. If he says, "Dr. Kelly, when should I 6 have a thorough bath after working hours, and have freshly 7 laundered clothing?" What would you tell him? 8 MR. CARNEY: Are you talking about what 9 period of time, what plant? Just generally a worker? Is 10 he a PCB worker; is he in the Anniston plant? 11 MR. McCREA: Let's say in 1958. 12 Q (By Mr. McCrea) In 1958 if a worker called 13 you from the Bloomington, Westinghouse plant and asked 14 under what conditions he should have a thorough bath after 15 working hours and have freshly laundered clothing, what 16 would you tell him? 17 MR. CARNEY: I'm going to object because I 18 think the doctor doesn't have knowledge of the Bloomington 19 plant. 20 A I would tell him, "I don't know exactly how 21 you're exposed. I don't know how much contact you've had 22 with material. That is something for you to ask your 23 supervisor, don't ask me." I don't know what his 24 exposure -- I don't know what else he was exposed when 25 they were outside of PCB's. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010333 45 1 Q (By Mr. McCrea) If the worker asked you what 2 exposure would require a thorough bath after working hours 3 and wearing freshly laundered clothing, how would you 4 describe that exposure that would necessitate those 5 precautions? 6 A I would say if you have your -- In the first 7 place, I don't know if I would be in a position to comment 8 on this man's work over there. I would have to take that 9 into advisement -- under advisement. But as a general 10 recommendation I would say that if your clothes is - 11 clothes are soiled, soaked with the material you should 12 not wear those. You should talk a bath or a shower 13 immediately, or during your -- Shortly after such exposure 14 occurred. 15 Q And would you consider the failure to have a 16 thorough bath after working hours and wear freshly 17 laundered clothing under those circumstances an unsafe 18 practice? 19 MR. CARNEY: Well, I'm going to object to the 20 question. I think it leaves too many facts out. I don't 21 know what you're talking about again, what other chemicals 22 the person might be exposed to, what the extent of the 23 exposure -- There are too many factors there that you 24 haven't hypothesized. What time period, what plant, and 25 Dr. Kelly -- if you're referring to Bloomington again, he Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010334 46 1 has indicated he's never seen that plant. 2 A It would have to be an assumption. I could 3 answer that as far as the Monsanto plant is concerned. 4 Q (By Mr. McCrea) What would your answer be as 5 far as Monsanto's plant is concerned? 6 A I would say that if you're exposed to PCB's 7 and your clothing is saturated with it at various areas 8 you should take a bath and change your clothing. 9 Q And would you also consider that an unsafe 10 working condition? 11 A Well, it depends how long it was repeated, 12 how often it was repeated. I don't know. I mean, you are 13 asking for an assumption that I'm not in a position to 14 give. I just don't have all the facts on it. 15 Q Weren't you asked to give expert testimony as 16 well as factual testimony as to the fact that if there 17 were safe working conditions there would be no risk from 18 PCB's? 19 A That's correct. 20 Q Would you consider soaked and saturated 21 clothing on one day with no thorough bath and no freshly 22 laundered clothing as an unsafe working condition? 23 A Are you saying then - 24 MR. CARNEY: Read that question back. I'm 25 not sure I - Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010335 47 1 (Reporter read back from the record as directed: 2 Q "Would you consider soaked and 3 saturated clothing on one day with no thorough bath and no 4 freshly laundered clothing as an unsafe working 5 condition?") 6 A I would consider if the person wore a 7 clothing that was saturated with PCB's and wore it for a 8 working day, that should in the be allowed. 9 Q (By Mr. McCrea) And would that be unsafe? 10 A That again depends. I don't know if that has 11 occurred. It's not been reported as causing any problems. 12 So I can't answer whether it's unsafe. 13 Q The next sentence states that, "These workers 14 were also instructed to apply night and morning veterinary 15 white lotion to the affected parts." Do you know what the 16 purpose of that was? 17 A I haven't the slightest idea. 18 Q Doctor, do you know any of the gentlemen 19 whose names are referenced in the abstracts of discussion 20 which begins at page 1033, Dr. Oliver S. Ormsby, Chicago? 21 A I do not know him. 22 Q Do you know Dr. Marion E. Sulzberger? 23 A I know him by reputation. He was a very 24 prominent dermatologist. 25 Q Dr. H.G. Irvine? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010336 48 1 A No, I do not know him. Know of him either. 2 Q Dr. Kelly, who is Herbert Blumenthal? 3 A Herbert Blumenthal is a Ph.D. who is United 4 States -- who's with the United States Public Health 5 Service -- I mean, the United States Department of 6 Agriculture. 7 Q Did you recall correspondence with Dr. 8 Blumenthal regarding PCB's? 9 A I know I've had correspondence with him. If 10 you show me it will refresh my memory. 11 Q All right, sir. 12 MR. McCREA: Could the court reporter mark 13 this as our next exhibit? 14 (Whereupon, Plaintiff's Deposition Exhibit No. 3 15 was marked for identification.) 16 Q (By Mr. McCrea) Dr. Kelly, can you identify 17 what is marked Plaintiff's Exhibit No. 3? 18 A Yes, sir. 19 Q What is that? 20 A This is a letter from me to Dr. Blumenthal. 21 Q Sir, if I couldlook overyour shoulder, I 22 just have one copy of this. Did you authorize the 23 exhibit? 24 A Yes, I dictated it. 25 Q In the first sentence you state, "I thought Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010337 49 1 you would be interested in knowing Monsanto is committed 2 to a program will allow the future use of our Aroclors 3 only in those applications where escape to the environment 4 can be prevented." First of all, for the jury are 5 Aroclors synonymous with PCB's? 6 A Some Aroclors are PCB's, some Aroclors are 7 not PCB's. There could be chlorinated terphenyls. 8 Q Could we substitute the word PCB's for 9 Aroclors and not change the impact of that first sentence? 10 A Yes. 11 Q When did Monsanto commit itself to a program 12 to prevent escape of PCB's on the environment? 13 A I can't answer that. I don't know the dates. 14 Q Will you describe that program for the jury 15 that existed on the date of April 8, 1970 as you described 16 to the U.S. Food and Drug Administration? 17 A Well, we -- first of all I said we committed 18 to the program, I don't know when we implemented the 19 program. But the program was to stop selling the material 20 for open uses. Open uses meaning plasticizers, paints, 21 lubricants and carbonless carbon paper. I don't know when 22 it was implemented but we were committed to do that. It 23 takes a little while to get the bureaucratic machinery 24 going. 25 Q The bureaucratic machinery at Monsanto? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010338 A And it's customers, yes. You have to give them a little time before you stop pulling the rug out from under them, their raw materials. Q Why did you implement that program at Monsanto? A Well, I didn't. The company implemented it. Q Why did Monsanto implement that program? A Because the material was getting into the environment and it was contaminating the environment and it was staying there and we did not want to add any contaminant to the environment that could help -- that would not be biodegradable. Q In what way did the contamination of the environment place the environment at risk as of April 8, 1970 as you understood it? A It was hurting the reproduction of birds. Q Did you consider that a fact that was established in science? MR. CARNEY: At what point? MR. McCREA: On the date of April 8th, 1970? A I'm not sure about the dates, but I felt quite sure of it. Q (By Mr. McCrea) Were there other implications other than the reproduction of birds that encouraged Monsanto to introduce this program to prevent 50 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010339 51 1 escape of PCB's into the environment? 2 A I don't know when it was found that it was 3 getting into the food chain. I don't know the exact time 4 of that. 5 Q In what way would PCB's entering the food 6 chain be a risk to individuals? 7 A There might have been no risk at all. It 8 wasn't supposed to be in the food so we didn't want it 9 there. 10 Q Did you have any scientific information that 11 would suggest it was a risk? 12 A No, sir. 13 Q In 1970? 14 A No, sir. 15 Q Had you read about Yusho? 16 A Yes, sir. I believe I had at that -- I'm not 17 sure about the dates. I thought I was referring to the 18 United States food chain. There really wasn't in the food 19 chain, it was right in the food in Yusho. 20 Q And if it's in the food chain it's also in 21 the food, is it not? 22 A Well eventually, yes; but I think there's a 23 little difference between a compound getting into the 24 environment and going up the food chain and getting a 25 compound that -- pouring the material on your rice Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010340 52 1 pancakes. 2 Q In April 8, 1970 did you consider the 3 presence of PCB's in the food chain as a serious problem? 4 A Well, serious problem from the point of 5 adulteration. I didn't consider it a serious problem from 6 the health aspects. 7 Q Do you consider it a serious problem today? 8 A No, sir. 9 Q If I called you up and asked you if you 10 consider PCB contamination of food a serious problem, your 11 answer today would be no? 12 A No, I didn't say that. I mean, it depends 13 how you contaminate it. If you were pouring PCB into a 14 batter for cake mix or something like that, that's 15 contamination, but if you mean by that the presence of 16 PCB's in the marketplace basket, it is not a problem. 17 Where it is actually ingested accidently as it was in 18 Yusho and Yucheng, yes, that was a problem; but in the 19 United States it is not a problem. 20 Q If I called you up and asked you about the 21 environmental risks of owning a PCB transformer in a 22 substation next to a farmer's pasture, what explanation 23 would you give me as to the environmental risks and risks 24 of PCB's in the human food chain from the ownership of 25 that transformer in a substation? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010341 53 1 MR. CARNEY: Let me object to the question. 2 I don't understand the question. I think it's vague. Are 3 you talking about farm -- a transformer in the middle of a 4 farm crop? I don't understand what you're asking. 5 A I mean, if you want to describe -- Here we've 6 got this transformer on a pole in a farmer's field, right, 7 is that what you're talking about? 8 Q (By Mr. McCrea) Yes, sir. 9 A What's he got in that field? 10 Q He's got hay. 11 A I think the only risk he has if that 12 transformer leaks in the ground and there I think the 13 amount of material that would be there in relationship to 14 the amount of hay that a horse or a silage that a cow eats 15 would depend on how much, how big the transformer was, how 16 much got into the silage. 17 Q Could you explain those numbers to me if I 18 made inquiry of you? 19 A Well, if you tell me how big the transformer 20 is and how much PCB is in there and how much hay is going 21 to be contaminated I can explain it, but I can't make the 22 figures up myself for you. 23 Q If it contained two hundred gallons of PCB 24 oil and it was in a substation in the middle of a farmer's 25 field? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010342 54 1 A Wait. We're talking about transformer in a 2 pole the first time; now we're talking about dug down in 3 the bottom below a farmer's field? 4 Q No, in a substation. 5 A Substation in his field? 6 Q Right. 7 A And you've got two hundred gallons in this? 8 Q Right. 9 A It's a pretty big substation. And it leaked? 10 Q No, it didn't leak. 11 A No. 12 Q It was just sitting thereperkingalong? 13 A Well, it was no problem. As long as it was 14 contained there was no problem. 15 Q Would there by any risk to me as owner of 16 that transformer in that as I described to you, a 17 transformer in a substation with two hundred gallons of 18 PCB oil surrounded by a pasture of hay used to feed 19 cattle? 20 A Well, the only risk would be if it leaks. 21 Q Would that be a risk? 22 A Yes, if you spill two hundred gallons out of 23 it into his field, yes. 24 Q What if it burned? 25 MR. CARNEY: Can you give us some idea of the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010343 55 1 temperature of the fire. 2 A I mean - 3 MR. CARNEY: I think you're asking questions 4 difficult to answer without the facts. 5 Q (By Mr. McCrea) What would your advice be to 6 me if I asked you if it was safe to own that transformer 7 in that substation with two hundred gallons of PCB oil 8 surrounded by a field in which there was hay consumed by 9 cattle? 10 MR. CARNEY: And no leaking. 11 MR. McCREA: No leaking. 12 A I'd say it was safe. 13 Q (By Mr. McCrea) If I asked you the same 14 question today about a transformer in a building that had 15 no leaks, no malfunctions, contained two hundred gallons 16 of PCB oil; would there be any risk in your opinion to the 17 ownership of that transformer? 18 A Well, there's always a risk if it burned. 19 Q And what would that risk be? 20 A That the transformer would spill out the 21 fluids and that during the fire PCB's could be ignited, 22 they could be -- benzofurans could be formed in a 23 transformer, there's trichlorobenzene in there which could 24 form dioxins. They could be disseminated through the 25 building. Certainly there's that risk. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010344 56 1 Q And how would you explain the health 2 consequences of that particular fire and spread of furans 3 throughout able? 4 MR. CARNEY: Let me -- I don't know what you 5 mean by health consequences as opposed to having a 6 flammable transformer without the PCB oils, are you trying 7 to evaluate the relative risk of a PCB transformer versus 8 a non-PCB transformer. 9 MR. McCREA: No. I'm just asking him to 10 explain the health consequence to the people in the 11 building if the furans were contaminated. 12 A Well, I think in the first place once a fire 13 starts in the building everybody gets out. So it depends 14 how fast you get out whether there's any risk or not. If 15 you aren't burned up, if you get out in time that you 16 aren't suffering from the consequences of the risk, you 17 wont have any risk, you will get out. 18 Q (By Mr. McCrea) What if you don't? What if 19 you're in there for twenty-four hours and you are exposed 20 to the furans permeating the building? 21 A How much exposure you've got to tell me. 22 Q Well, I'm asking you for you evaluation. 23 I'm making an inquiry of you and I want you to explain it 24 to me with just the facts that have been given to me? 25 A Well, you haven't given me any facts. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010345 57 1 MR. CARNEY: Well, I'll object. You are 2 saying somebody is in a building burning for twenty-four 3 hours? 4 MR. McCREA: No, I'm asking, Tom, I'm asking 5 him, Dr. Kelly, if I owned a transformer in a building 6 that contained PCB oil what are the risks of owning that 7 transformer in that situation? 8 MR. CARNEY: That wasn't the question you 9 asked. 10 MR. McCREA: Well, let's make that the 11 question. 12 A Is that the question? 13 Q (By Mr. McCrea) Yes. 14 A Well, the risks are that if there's a fire 15 and the contents of that transformer, which are 16 trichlorobenzene and trichlor -- chlorinated biphenyl, two 17 different compounds are ignited and the fire is hot enough 18 to reach certain temperature levels and not go to a level 19 of which the material is completely disintegrated then 20 there is a risk of these contaminants, these added 21 compounds being formed. The amount of risk depends upon 22 the exposure a person has, and I can't say how much 23 exposure a person is going to have in that building. 24 Q If I asked you if I should continue to own 25 that transformer knowing the risks that you know, what is Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010346 58 1 your answer? 2 A I think I would have to equate that with what 3 I would do -- of what substitute I had. Do I run the risk 4 of a fire that would be enormously more extensive with an 5 oil filled transformer, or do I run the possible risk of 6 adverse consequences from the PCB fire? I don't know. 7 Q So if I called you and asked you if I should 8 continue the ownership of that transformer your answer 9 would be you don't know? 10 A No. I don't think I said that, you are 11 talking to me at -12 Q Well, your answer - 13 A Well, I would say if I -- I would say I would 14 not -- I would weigh both factors and I would -- and 15 depending on whether or not the individual thought that 16 there was a more serious problem relating to a use of a 17 flammable material in the transformer or a PCB containing 18 fluid, if he thought there was more likelihood of a danger 19 from the oil I would say keep on using it. Now speaking 20 as of today you're talking about? 21 Q Right, 1990? 22 A Well, speaking as of 1990 I would say then 23 you should be in a position to insure that if that 24 eventuality occurs in which a PCB transformer burns there 25 should be methods to keep the material from the soot and Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010347 59 1 the products of the fire, of combustion, from being 2 disseminated through the building, which would minimize 3 the risk very markedly. So it would be my opinion you 4 have to weigh all these factors. 5 Q Weighing all the factors, if I asked you, Dr. 6 Kelly, what's the end line, should I replace it with a 7 transformer with more risk of fire or should I keep the 8 PCB transformer with its risk, what's the bottom line? 9 A I would say it varies with the conditions but 10 I would believe that the PCB transformer is less risk than 11 the one with an oil containing transformer. 12 Q Dr. Kelly, the next sentence on Plaintiff's 13 Exhibit No. 3 which is the second paragraph, states, 14 "Secondly and excuse me if I can look over your 15 shoulder, "We have essentially a crash program underway to 16 find non-persistent, non-chlorinated substitute products." 17 Who initiated the crash program at Monsanto? 18 A I think it was the division that manufactured 19 the PCB's, the division meaning the research, the sales, 20 the marketing and the manufacturing group of the organic 21 division, which was one of the four manufacturing 22 divisions in the company. 23 Q And who were the individuals who initiated 24 that crash program that you have described in your letter 25 to the U.S. Food and Drug Administration? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010348 60 1 A I think Minkler was one, who was I believe of 2 the head of it at that time. I don't know. I don't 3 remember the other names at present, but Howard Minkler 4 was to my impression, the best of my recollection the 5 vice-president in charge of that particular division in 6 April of 1970. 7 Q Where was the research being done for the 8 crash program? 9 A At St. Louis. Maybe it was done at Dayton 10 also. 11 Q Did Monsanto develop a non-persistent, 12 non-chlorinated substitute product? 13 A I don't know if they did subsequent to my 14 departure. I don't know if we had developed one or not. 15 Q What were the non-persistent, non-chlorinated 16 substitute products that were the subject of the crash 17 program in April, 1970. 18 A I haven't the slightest idea. There were 19 phthalates, there were silicones, there were a whole 20 battery of them. I don't know what they -- and they might 21 have looked at a hundred different potential products. 22 Q When was that crash program started? 23 A As I said I don't know it was implemented. I 24 know that they were committed in April of 1970. I don't 25 know when the research program started. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010349 61 1 Q Did you inform Westinghouse that you had 2 initiated a crash program to find non-persistent, 3 non-chlorinated substitute products as you informed the 4 U.S. Food and Drug Administration? 5 A You mean me personally? 6 Q Yes, sir. 7 A No.I think that's commercial matters that 8 the marketing group or technical service people would have 9 done, not me. 10 Q Do you know if Monsanto Company gave the same 11 information to Westinghouse that they are giving to the 12 U.S. Food and Drug Administration that describes a crash 13 program for non-persistent, non-chlorinated substitute 14 products ? 15 A No, I don't know. 16 Q Why did you tell the U.S. Food and Drug 17 Administration that you were initiating a crash program, 18 what's the relevance of that to them? 19 A Well, I don't know what the relevance is, but 20 I thought Herb and I were good friends and I thought I 21 would let him know how we were coming along. He was 22 interested in the same things we were interested in, in 23 keeping it out of the food, and if -- I was telling him 24 that not only were we going to cut down the uses where it 25 could escape into the environment but we're doing our best Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010350 62 1 to try to eliminate PCB's all together in those uses, in 2 all uses. 3 Q The next sentence states, "Already we have 4 two large users switching to substitutes of this type." 5 Period. Who were these two large users? 6 A I don't know, but I do not believe they're in 7 the electrical field. They may very well have been in the 8 plasticizer field. I would imagine they were the 9 plasticizers. 10 Q And today as you sit here you do not recall 11 who the two large users were? 12 A No, I do not. I do not even know what field 13 they were in. 14 Q Did you on the day you wrote the letter? 15 A I'm sure I did. 16 Q And you say switching to substitutes of this 17 type, " what substitutes are you referring to in your 18 letter to the U.S. Food and Drug Administration? 19 A If I'm -- They were I'm going to say 20 non-persistent, non-chlorinated substitute products. I 21 don't know which ones they were. They were very probably 22 of the phthalate group,p-h-t-h-a-l-a-t-e. 23 Q Were they manufactured byMonsanto? 24 A I don't know. 25 Q Did you research the information before you Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010351 63 1 wrote this letter? 2 A Did I research what information? Whether the 3 customers were using some of our product or somebody 4 else's product. 5 Q The names of the two large users and the type 6 of products they were switching to? 7 A Well, I'm sure I had known that two companies 8 were using other products instead of PCB's, but when you 9 say research it, I don't know what you mean by that. I 10 knew enough to write them a letter and say two of these 11 people, two large producers were getting out PCB's. 12 Q Have you ever been asked about this letter in 13 any other depositions that you've given for Monsanto? 14 A I don't recall. 15 Q Next sentence, "Obviously, Herb, you can 16 recognize the competitive aspect of developing and phasing 17 into sales such time of substitutes, so at present we are 18 not making any widespread announcement." Would you 19 explain why you are telling the U.S. Food and Drug 20 Administration that information? 21 A I don't know what my mindset was at that 22 time, but I think it speaks for itself. We are trying to 23 get out of the PCB's, and we haven't reached a point where 24 we said we are going to get out of it because we don't 25 know when a substitute will be available. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010352 64 1 Q Well, aren't you saying that we don't want 2 everybody to know we're getting out of the PCB business 3 because if we did they would capture the market on 4 substitute fluids, so we're going to keep that information 5 ourselves, develop our own substitute fluids and retain 6 the market, is that what that says? 7 A Of course not. Keep it ourselves? I'm 8 writing to the government and I'm keeping it to myself? 9 Q Well, I don't know about that, but it says we 10 are not making any widespread announcements? 11 A That's right; but after all there were two 12 large users that were switching. I don't know if they 13 switched to substitutes of ours or substitutes of somebody 14 else, but they knew we were doing our best to get people 15 out. We had already told customers that we are cutting 16 down the use of the material in not allowing for 17 applications where it could get out. So I don't see 18 anything wrong with what I told Herb. 19 Q It says, "You can recognize the competitive 20 aspects of developing and phasing into sales such type of 21 substitutes so at present we are not making any widespread 22 announcement," isn't that so you can retain the sales 23 market? 24 A No, it really isn't, because we're not the 25 only people manufacturing these fluids. We're not even Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010353 65 1 talking -- you know, I'm not saying, I don't know who 2 these -- what fields these other users were in. 3 Q Dr. Kelly, isn't it a fact that you were the 4 only company in the United States making PCBs? 5 A That's true. 6 Q And you knew that if PCB's are eliminated 7 substitute fluids will be used? 8 A If they work, yes. 9 Q And you wanted the market on the substitute 10 fluids ? 11 A No, that is not correct. Of course we were 12 in the business, we wanted to have as good a chance as 13 anybody, if they liked our fluid, fine. But nobody had a 14 fluid at that particular time that could use to -- that 15 could do all the things that's PCB's could do. 16 Plasticizers are -- fifty different plasticizers could be 17 used. 18 Q That's -- Go ahead. 19 A I don't know what else you want me to say? 20 Ask me a question. 21 Q Why didn't you make a widespread announcement 22 that you had this crash program and you were making 23 substitute ? 24 A That's a marketing decision and I didn't have 25 nothing to do with it. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010354 66 1 Q Well, can you explain it? You wrote the 2 letter? 3 A I can't explain it. I just said we're not 4 making any widespread announcements. 5 Q You don't know why? 6 A I do not know the marketing responsibilities 7 of a supplier to his customer. I don't know what the 8 marketing people had in mind; whether or not they could 9 say to a customer, we're getting out right now. I don't 10 know what the Monsanto reasons were. I'm afraid you'll 11 have to ask someone else. 12 Q You didn't tell Westinghouse about this 13 information? 14 MR. CARNEY: Well, objection. I don't think 15 that was his testimony. 16 A I said before, I said I would not be the 17 person to talk to a customer. It would be the marketing 18 people, the development people. 19 Q (By Mr. McCrea) Have you seen documents at 20 Monsanto which described the crash program? 21 A In its entirety? 22 Q Right. 23 A I may have. 24 Q You don't recall that? 25 A No. After twenty years I don't think I do. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010355 67 1 Q But you've testified to it a number of times, 2 Dr. Kelly? 3 A Well, certainly I have, but I mean, I don't 4 know if I've seen the entire program. I've seen parts of 5 it. 6 Q The last sentence states, "On the other hand, 7 if the publicity gets as red hot as it did in the case of 8 DDT we may be forced to make such an announcement at any 9 time." What do you mean by that statement? 10 A Well, I think some decisions are made on 11 scientific bases, some are made on commercial bases, some 12 are made on emotional bases and some are made on political 13 bases. In the case of DDT, here was a wonderful product 14 that wiped out probably a hundred million malaria deaths 15 that was banned because of emotional and political 16 reasons. 17 So that's what I mean, they had some very red hot 18 publicity. Now if such an emotional and political 19 situation occurred we would be forced to make such an 20 announcement. By such an announcement I guess I refer to 21 we're getting out of all the sales and we're doing our 22 best to make a product that doesn't have these things in 23 it. 24 Q Did you ever make such an announcement to the 25 public? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010356 68 1 A We certainly made announcements we were 2 getting out of the material. I don't know if we made any 3 announcements that we were working on substitute 4 materials, that's a sales and marketing situation. I 5 don't know whether they did or not. 6 Q As you sit here today based on your years 7 with Monsanto and all of your testimony you don't know if 8 this announcement to which you have referred and which you 9 describe in your Plaintiff's Exhibit No. 3 was ever made? 10 MR. CARNEY: Well, which announcement are you 11 talking about? I think there's several things. 12 MR. McCREA: It says, "We may be forced to 13 make such an announcement at any time." 14 A I find it a little hard to say what 15 announcements I'm talking about, but certainly I know we 16 made two very definite announcements. One, we're getting 17 out of all the open uses of PCB's. No. 2, we're getting 18 out all uses of PCB's and discontinuing use and -- the 19 manufacture and sale of it. We made these two 20 announcements. Whether or not we made the announcements 21 we've got a substitute for this or if we ever had a 22 substitute of what percentage of the market we ever had, I 23 don't know. 24 Q (By Mr. McCrea) Did DDT cause adverse 25 environmental effects? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010357 69 1 A Yes. It caused thinning of birdshell eggs. 2 Q Anything else? 3 A No. Not that I can recall. 4 Q Dr. Kelly, isn't it a fact that at the time 5 of this letter Monsanto was using PCB's in pesticides to 6 extend the kill life? 7 A No, it was not. That was a recommendation 8 made by the Department of Agriculture, as extender in 9 pesticides. To the best of my knowledge I have seen the 10 Department of Agriculture recommendation but it certainly 11 was an extremely small portion of the PCB business and I 12 doubt very much -- there may be an isolated Monsanto 13 statement about its use, but I don't recall seeing it in 14 technical bulletins. 15 Q Dr. Kelly, you don't recall any publications 16 of Monsanto in which they stated that PCB's extend the 17 kill life of pesticides by up to ten years? 18 A I may have seen them referring to Department 19 of Agriculture work, they may have quoted Department of 20 Agriculture findings. 21 Q Did Monsanto have any customers to which it 22 sold PCB's to use as an extender in pesticides to - 23 A I don't know if it did or not. 24 Q Monsanto had a wood treatment operation, 25 correct? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010358 70 1 A Yes, it did. 2 Q And you manufacturedpentachlorophenol? 3 A Yes, we did. 4 Q And did you manufacture other wood 5 preservatives? 6 A Sodium pentachlorophenate, which was a sodium 7 salt of pentachlorophenol. 8 Q Did you use PCB's as a termiticide? 9 A Not that I ever heardof. 10 Q As you sit here todayyou have no knowledge 11 of Monsanto experimenting with PCB's as a termiticide for 12 a wood protection? 13 A That's a little different than what you said. 14 You said did they ever use it as a -- I understand by 15 using it did they offer for sale as a termiticide. I do 16 not know whether or not they ever experimented with it or 17 not. I don't know. I have seen no articles on it. 18 Q Do you know Robert Arceneaux? 19 A I recognize the name. I cannot tag him with 20 any position or anything in the company. 21 Q If he has described experiments by Monsanto 22 in using PCB's to kill termites as a wood preservative, 23 that information is new to you? 24 A It all depends. I would think so, but if you 25 will give me what information he is supposed to have said, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010359 71 1 let me look at it and it may refresh my memory I may know 2 something about it. I don't recall at the present time. 3 It was certainly not a very prominent feature of PCB's, 4 let me tell you. 5 Q But it could be? 6 A Possibly, if they experimented with it. I 7 don't know if they ever marketed for it. I don't recall 8 it. 9 Q Are you familiar with any test grounds at 10 Florida State University in which PCB's were used as a 11 termiticide in wood by Monsanto? 12 A I have heard something about that. They did 13 have experimental -- they did some experiment on -- I 14 don't know, soaking PCB's or soaking posts in PCB's and 15 putting it in the ground and I think they used it after 16 the question of nonbiodegradeability came in, they checked 17 it to see -- they checked those areas, but I don't recall 18 of ever having any sales effort or marketing effort 19 devoted to the use of PCB's as a wood treating chemical. 20 Q Do you recall the years in which Monsanto was 21 experimenting with PCB's by soaking wood posts in the 22 chemical? 23 A No, and I'm not even sure if they just soaked 24 the wood. I don't know how they did it. I just heard 25 that sometime after I left the company. I don't know when Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010360 72 1 I heard it. 2 Q Monsanto sold its wood preserving business to 3 Koppers, correct? 4 A I don't know to whom they sold, they disposed 5 of it. They hadn't sold it by the time I left, but I 6 don't believe they are in the wood treating business 7 anymore. 8 Q With respect to Plaintiff's Exhibit 3, which 9 is your letter to Herb Blumenthal, dated April 8, 1970, 10 did you receive inquiries from him before you wrote this 11 letter? 12 A I don't think so, and if I did I would have 13 very probably said, "In reference to your letter and so 14 and so, here is the information." 15 Q Did you authorize this letter or did you sign 16 it or did you do both? 17 A I did both. That's my secretary's initials. 18 Q But the information contained in the letter 19 was your information, not information supplied to you. In 20 other words, you knew and understood what was being 21 stated? 22 A Well, I got it from somebody. 23 MR. CARNEY: I'm going to object. 24 Q (By Mr. McCrea) Somebody didn't come in to 25 you with a letter and say, "Dr. Kelly, could you sign this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010361 73 1 and send it to Herb Blumenthal?" 2 A They certainly did not. 3 Q Dr. Kelly, you retired from Monsanto Company 4 in 1974, is that correct? 5 A That's correct. 6 Q When you retired did you own stock in 7 Monsanto Company? 8 A Yes, I did. 9 Q Do you own stock in Monsanto Company today? 10 A Yes, sir. 11 Q Now I -- Do you know the value of that stock? 12 A I haven't looked lately. It's been going 13 down. 14 Q Do you know the approximate value of all of 15 your stock ownership in Monsanto Company? 16 A 90,000, something like that. 17 Q And do any other family members have stock 18 ownership in Monsanto? 19 A Small amounts. 20 Q Do you know what - 21 A Ten thou -22 Q Excuse me. Do you know what that would 23 total? 24 A Ten thousand dollars. 25 Q Do you have what generally could be referred Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010362 74 1 to as stock options at this time, can you increase your 2 stock ownership? 3 A Only by going out in the open market and 4 buying it. I have no stock options. 5 Q Did you know any of the individuals at the 6 Bloomington Westinghouse plant from 1957 which I will 7 represent to you is the day I understand it opened until 8 today? 9 A No, sir. 10 Q Did you know any of the -11 MR. CARNEY: Would you read that last 12 question back? I just didn't hear it. I didn't hear the 13 dates. 14 MR. McCREA: 1957 to today. 15 MR. CARNEY: Okay. You don't need to read 16 it. 17 Q (By Mr. McCrea) Did you know any of the 18 individuals at the Muncie, Indiana transformer plant from 19 the date it opened in the fifties to this date? 20 A No, sir. 21 Q Did you know any of the individuals at the 22 Westinghouse transformer repair facility in Cincinnati, 23 Ohio at any point in time up to and including today? 24 A No, sir. 25 Q Can you describe to the jury the medical Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010363 75 1 monitoring program of Westinghouse for its workers - 2 A No, sir. 3 Q -- exposed to PCB's? 4 A No, sir. 5 Q Do you know if Westinghouse had a medical 6 monitoring program for its workers exposed to PCB's? 7 A No, sir, I do not. 8 Q Did you ever establish a written protocol for 9 medical monitoring of workers exposed to PCB's? 10 A No, sir. 11 Q Were you ever asked to describe a medical 12 monitoring program for workers exposed to PCB's by any 13 individual from Westinghouse Electric Corporation? 14 A No, sir. You must remember that Westinghouse 15 Electric was a very sophisticated medical organization. 16 It antedated mine, was bigger than the Monsanto and they 17 knew all about PCB's. They knew how the workers were 18 exposed, which I didn't. 19 MR. McCREA: Going to ask that that answer 20 be stricken and that Doctor, could you -- Could the court 21 reporter reread the question and could you answer the 22 question? 23 THE WITNESS: I thought I did. 24 MR. CARNEY: Well, I'm going to object to the 25 motion to strike, because I think the doctor did answer Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010364 76 1 the question. You just didn't like the answer. 2 MR. McCREA: Didn't say I didn't like the 3 answer. I want the answer. 4 Could the court reporter please reread the 5 question? 6 (Reporter read back from the record as directed: 7 Q "Were you ever asked to describe a 8 medical monitoring program for workers exposed to PCB's by 9 any individual from Westinghouse Electric Corporation?") 10 MR. CARNEY: Why don't you read the answer? 11 (Reporter read back from the record as directed: 12 A "No, sir. You must remember that 13 Westinghouse Electric has a very sophisticated medical 14 organization. At any date 15 THE WITNESS: Antedated, a-n-t-e-d-a-t-e-d. 16 ("-- antedated ours, was bigger than Monsanto 17 and they knew all about PCB's. They knew how the workers 18 were exposed, which I didn't.") 19 Q (By Mr. McCrea) Who told you about the 20 manner in which the workers were exposed to PCB's at 21 Westinghouse? 22 A Nobody. I said I didn't know how they were 23 exposed. 24 Q You said you knew how the workers were 25 exposed? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010365 A I said I didn't know. They knew, yes. They were manufacturing it, they were using it. Q there? Okay. What is the source of your information A I guess it's common sense. If you have a company that is using a material and it's in their plant they know how they are using it, they know how their workers are exposed. Q How were your workers exposed? A They were exposed during the filling, during leaks in pumps, they were exposed during changes in pumps, they were exposed during flushing out of lines. Q Were you exposed by fires? A No, sir. We didn't have any fires. Q Were there any other ways in which your workers were exposed? A Well, they may have been exposed by cleaning parts of the equipment. Q And that's common sense? A Beg your pardon? Q That's common sense? MR. CARNEY: Well, I don't know what you mean by common sense. You're -- Q (By Mr. McCrea) Well, strike it. Were there any other ways that your workers were exposed? 77 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010366 78 1 A I can't think of any. 2 Q Were there vapors? 3 A Well, yes. I said during filling, material 4 came out hot. 5 MR. McCREA: Break. 6 (Whereupon, a short break was taken.) 7 Q (By Mr. McCrea) Dr. Kelly, we're back on the 8 record. Dr. Kelly, during the time that we had the 9 continuance of the deposition were there any materials 10 that you reviewed or any answers which you gave that you 11 would like to bring to your attention? 12 MR. CARNEY: Read that question back - 13 MR. McCREA: It's a compound question, let 14 me break it down. 15 Q (By Mr. McCrea) Dr. Kelly, we had two days 16 of depositions a week ago or so, following the continuance 17 of the deposition during that interim time, were there any 18 materials that you reviewed as those materials relate to 19 answers you gave which you would like to bring to our 20 attention and if so what are those materials? 21 A No, sir. 22 Q And the same question for any answers, were 23 there any answers which you gave which upon thinking about 24 them you would like to amplify them in any way? 25 A To amplify? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010367 79 1 Q Right. Amend, change? 2 A Well, not change, well, I'll amplify one. 3 Q All right, sir? 4 A At the close of one deposition you asked me 5 did you put on the label, on PCB's, that it could kill 6 you, and I said no. I'd like to amplify that by saying; 7 We manufacture aspirin; aspirin if you take too much of it 8 will kill you, we don't put that on the label. People 9 manufacture iron pills; if you take enough iron pills that 10 will kill you. There are probably four hundred thousand 11 industrial chemicals that will kill people if you take too 12 many. None of those are put on the label. 13 Q Any other answers that you would like to 14 amend or modify; amplify in any way? 15 A No; but I presumably will see the deposition 16 to correct it for errors. 17 Q Absolutely correct. Dr. Kelly, have you 18 reviewed any depositions of any of the plaintiffs in this 19 case? 20 A No, sir. 21 Q Did you consult with Monsanto Company or the 22 attorneys regarding questions to be addressed by Monsanto 23 to the plaintiffs in this case? Did you help them prepare 24 questions? 25 A No, sir. There may have been Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010368 80 1 interrogatories, but I don't even know if I did that. 2 Q I appreciate that, and I think you answered 3 it. You didn't sit down with them and say, "Why don't you 4 ask this set of questions?" This might be helpful to our 5 case. " 6 A No, sir. 7 MR. McCREA: Could the court reporter mark 8 this as Plaintiff's Exhibit 4, I believe? 9 (Whereupon, Plaintiff's Deposition Exhibit No. 4 10 was marked for identification.) 11 Q Dr. Kelly, during the depositions of the 12 plaintiffs in this case, the attorneys for Monsanto asked 13 certain questions regarding health problems or health 14 symptoms; now I will represent to you that I abstracted 15 those depositions and took a list of perhaps eighty-five 16 percent of the questions which Monsanto asked to the 17 plaintiffs. 18 I have listed those symptoms on a document and I 19 would like to now hand your attorney that document so that 20 he may receive it and then I would like to hand it to you 21 and then I'll address a question to the document and we 22 can go from there? 23 A Yes. 24 MR. CARNEY: Let me just object for the 25 record that Exhibit -- Plaintiff's Exhibit 4 is I believe, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010369 81 1 six pages long and I'm not going to take the time -- I 2 don't think you're proposing that I do to check make sure 3 the statements that you made about the document -- I'm not 4 saying they are inaccurate, I just don't know about 5 checking them. 6 MR. McCREA: I'm not stating that they are 7 totally accurate, all right. I'm not stating that each 8 and every health symptom and/or problem on that list is a 9 verbatim abstract from the depositions. But what I will 10 tell you is it's a good faith effort to duplicate all of 11 the questions which you asked nearly all of our plaintiffs 12 in some forty some depositions, and by you I mean 13 Monsanto, and I also will represent to you that it 14 includes perhaps eighty-five percent of the questions, 15 there are maybe fifteen percent that are not incorporated 16 on this document. 17 MR. CARNEY: Okay, just for the record, I 18 think most of these problems that are listed in Exhibit 4 19 and again I'm not going to take the time to look at them, 20 but I would say probably most of them are complaints that 21 various of the plaintiffs have made either in their 22 answers to interrogatories, in their petition in this 23 lawsuit, possibly complaints they made to treating doctors 24 or complaints they have made in their depositions. So I 25 don't know that this is a list that has any meaning other Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010370 82 1 than than forty or fifty people, some have made these 2 various complaints. 3 Q (By Mr. McCrea) All right, sir. Dr. Kelly, 4 I hand you what the court reporter has marked as 5 Plaintiff's Exhibit 4 and on the top of it states, 6 "Deposition of R. Emmet Kelly, M.D.," June 12th 1990. 7 The question which I would like to address to this 8 document is incorporated at the top of the page. 9 The question states: "In your opinion, based on 10 medical probability is there no causal relationship, 11 comma, a possible causal relationship, comma, a probable 12 causal relationship or a proven causal relationship 13 between exposure to Yusho PCB oil which was contaminated 14 with furans and other chemicals and each of the 15 following and what I would like for you to do is to 16 simply go through that list and check the appropriate 17 response. If you're unable to provide an opinion I think 18 we should also have that category and you can simply X out 19 the symptom, if you have no opinion. 20 MR. CARNEY: Let me object to the form of the 21 question and I'm going to object to the format. You know, 22 you're giving the witness a questionnaire to answer in a 23 deposition, we've got six pages listing probably 24 twenty-five health problems or symptoms on each page, so 25 you're talking about maybe a hundred and fifty questions Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010371 83 1 and they are multiple questions, or multiple choice 2 questions. 3 I'm going to object to that being done at this 4 deposition. I don't think that there is any basis for 5 that kind of a questionnaire being done or taking up the 6 time of the jury or the -- and the time of everybody here 7 while the doctor would have to answer that. It could take 8 a significant amount of time. If -- so I would object to 9 this as a format and I would object to the question 10 because I think the question's compound and vague and 11 ambiguous. 12 Q (By Mr. McCrea) Dr. Kelly? 13 A Can I answer it? 14 Q Just a second. It's important for me that 15 you understand the document in question. I did this to 16 save time and if you would like to go off the record and 17 check those off, that's fine with me. You don't have to 18 sit here on the record and do it. But rather than ask 19 each one and then have it typed out in a deposition, I 20 thought this would save time. 21 So with that -- with your attorney's objection, and 22 the question posed to you I'll ask you the courtesy, would 23 you prefer to go off the record and respond to these 24 various symptoms or would you prefer to stay on the record 25 and do it? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010372 84 1 MR. CARNEY: Why don't we go off the record? 2 MR. McCREA: All right, agreed. 3 (Whereupon, a discussion was held off the record.) 4 Q (By Mr. McCrea) Dr. Kelly, we're back on the 5 record - 6 MR. CARNEY: Let me make a statement first. 7 I objected before and I want to reiterate my objection to 8 this way of proceeding. I object to having this witness 9 fill out a -- answer a hundred and fifty questions in this 10 kind of a format. Number one, if I could -- Let me see 11 the document. Dr. Kelly, if you -- We're talking about 12 Exhibit 4. I want to further object in addition to the 13 objections I made before to the form of the question. 14 I believe the standard used in Missouri is not 15 based on medical probability. This is a compound 16 question. It relates to PCB exposure in Yusho, the 17 Japanese PCB oil which was contaminated with furans and 18 which the experts have indicated that it was the furans, 19 the heavy concentration of furans in the PCB oil in Yusho 20 that caused the problems in Yusho and also the victims in 21 Yusho ate the PCB's, used it in cooking. So I'm going to 22 object to this format and instruct the witness not to 23 participate in filling out this questionnaire, in this 24 form anyway. 25 MR. McCREA: Well, I can ask them one at a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010373 85 1 time and that would take probably six times as long as it 2 would to fill out the form and I think that we certainly 3 are entitled to Dr. Kelly's opinion for discovery purposes 4 in this case for the reason that there was heating of 5 PCB's in the Bloomington, Westinghouse plant, there were 6 explosions on a daily and weekly basis of capacitors in 7 the Bloomington, Westinghouse plant, there were fires in 8 the Muncie plant in which the Muncie Fire Department was 9 called to extinguish the fires and there was heating and 10 there was also incidents of fire in Cincinnati; all of 11 which are calculated according to Dr. Kelly's testimony to 12 produce furans at a window of six hundred to nine hundred 13 degrees Fahrenheit. 14 I don't think there's been any evidence that 15 absorption into the body by ingestion produce a more toxic 16 or less toxic systemic reaction than absorption by route 17 of entry through the skin or breathing. Therefore 18 Counsel's suggestion that ingestion or as he states eating 19 of PCB's somehow distinguishes the factual situation in 20 Yusho in 1968, and Taiwan in 179, I don't think is 21 meaningful. 22 The idea of the form, Tom, is to save time. We sat 23 through forty some depositions in which you and your 24 associates addressed all of these questions one at a time 25 to each and every one of our plaintiffs and we never Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010374 86 1 objected. Now it's our turn to determine the medical 2 significance of these questions from Dr. Kelly, and I can 3 ask them one at a time and you can object and thus 4 eliminate the fact that it is a compound question or we 5 can save time or have Dr. Kelly answer this form. 6 I think the question is fair, I think that medical 7 probability is in fact the standard, it's the standard in 8 Missouri, it is more likely than not in his opinion is it 9 more likely than not, and I think that the question's 10 fair. 11 MR. CARNEY: Well, again, I don't think there 12 will be any saving of time. I think it will save time to 13 proceed without going through this elaborate questionnaire 14 which will not -- I think is objectionable, so will not 15 move this case along at all or the testimony. I mean, you 16 have the option of asking questions and I just -- I have 17 the option of objecting where I think they're improper. 18 I would point out that again you're talking 19 about -- you're trying to relate again the symptoms or the 20 problems of the plaintiffs in this case with -- and none 21 of these plaintiffs as I understand it were exposed to 22 Japanese PCB's with the heavy furans that caused the 23 problems in Japan and Taiwan. 24 None of these plaintiffs as I understand it ate the 25 PCB's like they did in Japan and I believe there is a Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010375 87 1 difference between eating them and having your skin come 2 in contact with them. We can debate that; but I don't 3 know that our opinions matter really, it's going to be the 4 experts in the case. 5 Further, Dr. Kelly has not examined any of these 6 plaintiffs and does not intend to examine the plaintiffs 7 to determine what problems they had and whether they're 8 related to PCB's. We had a panel of doctors in various 9 specialties who have done that and I assume you're going 10 to take their depositions and ask those specific 11 questions. 12 So I don't know that this is the right witness to 13 cover the health problems that the plaintiffs have. Dr. 14 Kelly has never met any of the plaintiffs and we don't 15 intend to have him examine any of the plaintiffs. With 16 regard to your comments about the explosions daily in 17 Bloomington, et cetera, I'm not going to debate what that 18 is, except that I don't that think you've accurately 19 characterized the conditions in the three plants. 20 At any rate, my instruction to Dr. Kelly is not to 21 respond to the questions in this format as you -- in terms 22 of filling out a questionnaire with these problems that I 23 have outlined in the questionnaire that you've given to 24 him. 25 Q (By Mr. McCrea) Dr. Kelly, in your opinion, Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010376 88 1 based on medical probability, is there no causal 2 relationship between exposure to the Yusho PCB oil which 3 was contaminated with furans and other chemicals and 4 asthma? 5 MR. CARNEY: Let me object and we'll have the 6 question read back. Let me object to the form of that 7 question aqain for the same grounds I outlined before, and 8 in addition what you're asking the doctor to do in this 9 question and in Exhibit 4 is to try to recollect what was 10 in the literature, the Japanese literature about what 11 symptoms and problems the Yusho victims who had the 12 heavily furan contaminated PCB's and they ate them and to 13 try to recollect what was in there. 14 I don't think there's any evidence that Dr. Kelly 15 has independent knowledge as to what these Japanese 16 victims' problems were other than through the literature. 17 We have the literature, that would be the best evidence of 18 what's contained in there and Dr. Kelly can give you his 19 recollection but I don't know that that helps any. 20 He probably if you get into the detail particularly 21 that you have in Exhibit 4 would have to look at the 22 literature to determine whether asthma or something else 23 was a symptom of the Japanese Yusho victims who ate PCB 24 oils with heavy contaminants of the furans. 25 Q (By Mr. McCrea) Dr. Kelly, you may answer. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010377 A Well, first of all you have to tell me what you mean by medical probability; one out of a million, one out of fifty, one out of two. Q More likely than not. A Fifty-one percent? Q Let me explain this. That's a good question. I'm asking you if in your opinion based on medical probability is there no causal relationship between exposure to the Yusho PCB oil which was contaminated with furans and other chemicals and asthma. In other words, can you tell us based upon your opinion on a more likely than not basis if there was no causal relationship? A Based on - MR. CARNEY: Same objection. A Based on my knowledge of the Yusho literature, is that correct? Q (By Mr. McCrea) Your knowledge of the Yusho literature, your attendance at seminars, your information from medical personnel throughout the world, any available source to you. A Well, all right. We start then. Asthma, I would have to know, A, the person's smoking habits. I would have to know whether they had asthma previously, whether the asthma was exaggerated before I could answer any of those questions. 89 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010378 90 1 Q What do you mean exaggerated? 2 A Well, was it hastened by -- Did they get, 3 have asthma before and after they ate the PC -- Yusho PCB 4 oil with the furans in, or did they get more asthma. I'd 5 have to go back to the literature and look. 6 Q All right. Skin irritation? 7 MR. CARNEY: Could I -- because I as: 8 going to go down this list. 9 MR. McCREA: Yes . 10 MR. CARNEY: Could I have a standing 11 objection to this line of questioning, to the question in 12 terms of the use of the world medical probability and the 13 question being compound and to the question being based on 14 the medical literature or the literature -- the Yusho or 15 Japanese literature, which I think is a matter of record 16 and would be the best evidence of what the problems were 17 associated with that, and the fact that Dr. Kelly does not 18 have firsthand knowledge of this; so that we're not adding 19 anything other than Dr. Kelly's recollection of the 20 literature, and I think the question's vague and ambiguous 21 as well. If I can have a standing objection, then I'll 22 try and unless I hear another objection not to continue my 23 objections and we can move faster. 24 MR. McCREA: I agree that you may have a 25 standing objection as to the fact that it is a compound Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010379 91 1 question and all of those other reasons stated in your 2 objection. 3 Q (By Mr. McCrea) Dr. Kelly, then, skin 4 irritation and again with the understanding that we are 5 answering the question at the top of the page and if you 6 don't understand that please address any lack of 7 understanding? 8 A On all these we are talking about the Yusho 9 PCB oil, which is a Japanese Kanechlor, which is 10 contaminated with the chlorinated dibenzofurans and 11 contaminated with chlorinated quaterphenyls, that's what 12 we're talking about? 13 Q That's right. 14 A In an undetermined amount, various amounts in 15 the rice oil which they put in the stuff they cooked? 16 Q Exactly correct. 17 A Okay. Skin irritation, I don't know what 18 they are talking about. Skin irritation, what's the 19 irritation? Redness? What was it? I don't know. How 20 long did it last? It may be -- I will also have to say I 21 would probably have to go over the six articles that were 22 summarized by Selikoff in his journal on the Yusho 23 incident before I could be sure about all these things. 24 Put down a don't know on skin irritation. 25 Q All right, sir. Skin rashes? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010380 A Yes, that's proven; if by skin rashes you mean chloracne and pigmentation. Q Hearing problems? A There again, I don't know if they had infected chloracne inside their ear canals, I don't know that. I would say none on that, none to not proven - none to I don't know; because I don't know the basis for the hearing problem. I don't know what hearing problem it is. I would suggest we also have a column, not enough information. Q Okay. Let's add that. A Huh? Q All right, we'll add that. A Okay. Q And do you want to add not enough information to the hearing problem? A Hearing problems, correct. Q Headaches ? A Again, how often? One headache, one four times a day, one lasting for weeks? Not enough information. Q Kidney problems? A Again, what kind of problems? Getting up at night, passing blood, kidney stones? Not enough information. 92 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010381 93 1 Q Swelling? 2 A Where? If it's in the gums some of the 3 children had swelling of their gums; but I don't know 4 anyplace else. 5 Q Would you say proven as to children with 6 swelling in their gums? 7 A Yes. 8 Q Hypertension? 9 A Well, I think hypertension and high blood 10 pressure are the same. 11 Q All right. Can we treat them as one? 12 A Yes. It was alleged but further work showed 13 that there wasn't any connection; so not proven. 14 Q Stomach problems? 15 A There again, I don't know. That runs all the 16 way from indigestion to stomach cancer. So I don't know 17 really how I could answer a question like that. 18 Q Not enough information? 19 A Not enough information. 20 Q Sinus problems? 21 A Not enough information. I don't know what 22 kind of problems they had. 23 Q So would that be don't know and not enough 24 information? 25 A That's correct, not enough information. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010382 94 1 Q Ulcerated esophagus? 2 A I recall that there was one instance of 3 ulcerated esophagus, but it certainly without seeing the 4 report again and something if anybody else, if any other 5 cases had it outside of the one I'd have to say not 6 proven. 7 Q Prostate problems? 8 A Not enough information. 9 Q Cysts? 10 A Yes, proven. 11 Q Pneumonia? 12 A Not proven. 13 Q So that would be -- It is your opinion that 14 there was none? 15 A That's right, not proven. 16 Q Not proven. Peeling of feet? 17 A Well, let's put feet and hands together. I 18 mean, I don't know what they mean by peeling of that. 19 Q Let's add to that peeling of skin on the 20 bottom of feet? 21 A Not enough information. I don't know if they 22 were checked for fungi or not, if they had athlete's foot. 23 Q So that would be not enough information? 24 A That's correct. 25 Q Peeling of hands, peeling of skin on hands? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010383 95 1 A Same. 2 Q Acne? 3 A Proven. 4 Q Skin cancer? 5 A Not prove, none. 6 Q Boils? 7 A If by that you mean an infected cyst, proven, 8 but a boil, again as I said a boil is around a hair 9 follicle, but -- so technically if it's a -- by that you 10 mean an infected cyst, yes. 11 Q Okay. I'm going to put infected cyst. 12 A Right. 13 Q And that's proven? 14 A Yes. 15 Q Flushing of skin? 16 A Not enough information. 17 Q Skin discoloration? 18 A Yes. 19 Q Unusual growth or loss of hair? Now, I think 20 we should break that down into two categories, first, 21 unusual growth of hair? 22 A Possible. 23 Q And second, unusual loss of hair? 24 A Not enough information. 25 Q Allergies? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010384 96 1 A I don't know what you mean by that. Does 2 that mean they are allergic to PCB's, allergic to milk, 3 allergic to rice? Not enough information. 4 Q Let's interpret that as being after the 5 exposure they became allergic to various things, not 6 PCB's. In other words, they became more of an 7 allergic-type person. 8 MR. CARNEY: Are you saying that's what the 9 articles in Yusho say? 10 MR. McCREA: No, I'm just asking him. 11 MR. CARNEY: Do the articles in Yusho say 12 that? 13 MR. McCREA: I'm asking him for his opinion 14 of the symptoms in Yusho, based on articles, based on 15 seminars, based on communications with personnel within 16 Monsanto. 17 MR. CARNEY: Well, I don't know that Dr. 18 Kelly has indicated he has any information about Yusho 19 other than what's contained in the literature. So I don't 20 know how you could be asking him and he I think he has 21 indicated he wasn't there and didn't examine them 22 personally. 23 So again I don't -- I think this is a waste of time 24 to have Dr. Kelly try to recollect what's in the 25 literature and whether it's in there in a sufficient Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010385 97 1 amount to -- or clear enough with control groups, et 2 cetera, to make any kind of a determination as to 3 whether -- what the probability is. 4 MR. McCREA: I agree that all those 5 variables exist, but I'm asking him his opinion based on 6 medical probability if there is no causal relationship, a 7 possible causal relationship, a probable causal 8 relationship, or a proven causal relationship between 9 exposure to the Yusho PCB oil which was contaminated with 10 furans and other chemicals and allergies. 11 Q (By Mr. McCrea) And the way I'd like to 12 phrase that is more prone to allergies after the exposure. 13 A I'd have to review the literature. 14 Q Do you understand the question; more prone to 15 allergies? 16 A Yes. 17 Q Thank you. So we'd say that's not enough 18 information? 19 A That's correct. 20 Q Hives? 21 A Same answer, hives are anallergic reaction. 22 Q Profuse sweating? 23 A Here again I don't know if you --again, I 24 need more information. If you get a bunch of infected 25 cysts, you've got a fever, you've get sweating. So more Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010386 98 1 information. 2 Q Not enough information on that? 3 A That's correct. 4 Q Problems with toenails? 5 A Possible. 6 MR. CARNEY: Let me object to that on the 7 problem with toenails. I don't know, are you talking 8 about ingrown toenails, are you talking about thick 9 toenails, are you talking about what -- It seemed to me 10 there are several types of problems with toenails, so 11 that's a vague question. 12 Q (By Mr. McCrea) Let's break that down. 13 First, thickened toenails? 14 A There were some changes in the toenails. I 15 don't know if they were problems for the people or not; 16 but there were some changes in the toenails. 17 Q Okay. Let's make that changes in toenails 18 rather than problems with toenails? 19 A Yes. 20 Q And that would be possible? 21 A Yes. 22 Q And the next one, let's make that changes in 23 fingernails? 24 A Possible also. 25 Q Shortness ofbreath? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010387 99 1 A I'd have to review that. Not enough 2 information. 3 Q Emphysema? 4 A Same answer. 5 Q Sores that won't easily heal? 6 A I don't know what they mean by that, whether 7 they mean the sores from the infected chloracne or sores 8 they might have got scraping their knees on bamboo? I 9 don't know. 10 Q Let's make that unrelated to chloracne. 11 Let's make that sores that are unrelated to chloracne. 12 A Not proven. 13 Q So that would be none? 14 A That's correct. 15 Q Bronchitis? 16 A More information needed. 17 Q Not enough information, correct? 18 A That's right. 19 Q Breathing problems? 20 MR. CARNEY: Objection to what is meant by 21 breathing problems; and again asking this witness to try 22 to recollect everything in the literature that he read 23 about the Japanese victims where they ate PCB's laced with 24 heavy amounts of furans that caused the problem. 25 A Not enough information on what the symptoms Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010388 100 1 are. 2 Q (By Mr. McCrea) In other words, that 3 question is - - You don't know what is meant by the word 4 problems ? 5 A Yes . 6 Q The same for the next one? 7 A Throat, right. 8 Q That's it's not understood what is meant by 9 problems ? 10 A Correct. 11 Q So that would be need more information as to 12 the symptoms? 13 A Yes . 14 Q Increase or decrease in sensitivity to 15 certain kinds of smells? 16 A I just have no comment to make on that at 17 all. 18 Q So your answer would be no comment? 19 A No comment. 20 Q Altered sense of taste? 21 A The same answer to that one. 22 Q And that would be no comment? 23 A That's correct. 24 Q Epilepsy? 25 A Not proven. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010389 101 1 Q Shaking or tremors in hands -- Excuse me, 2 shaking or tremors of hands? 3 A I need more information. 4 MR. CARNEY: Let me object. As we're going 5 through these questions are you implying when you get an 6 answer not proven that it means it's possible or probable 7 or - 8 MR. McCREA: No. When it says it's not 9 proven it means it can happen. 10 MR. CARNEY: Well, again -- 11 MR. McCREA: When he says none, when he says 12 it's not proven that means it's his opinion that it didn't 13 happen. 14 MR. CARNEY: It didn't happen in the 15 literature in Japan? 16 MR. McCREA: No, Tom, it didn't happen in 17 Yusho. He's not restricted to the - 18 MR. CARNEY: Well, why don't you ask him if 19 he has any firsthand knowledge outside of the literature 20 that's involved. It seems to me you're -- you know, now I 21 object to all these questions on the further ground that I 22 think your understanding of the answers and my 23 understanding certainly are different as to what's meant 24 by none, as to what's meant by proven. 25 MR. McCREA: None means that he's stating Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010390 102 1 based on his opinion, he's stating in his opinion based on 2 medical probability that that symptom was not caused by 3 the exposure to the Yusho PCB oil. That's what that 4 means, it was not caused. 5 MR. CARNEY: Well, that wasn't my 6 understanding of what was meant by none. Maybe you need 7 to -- the problem with your questions, Mr. McCrea, when 8 you're assuming definitions and terms without defining 9 those terms in the question we have then the potential of 10 a communication gap between a term that's undefined that 11 may mean a different thing to a witness than it does to 12 you, Mr. McCrea. 13 So I think if you're not going to define your terms 14 in the question I think you have another flaw here that - 15 and the flaw is that you have got questions with undefined 16 terms. 17 MR. McCREA: I think that's a valid 18 objection. In other words, I wouldn't want to finish this 19 deposition and come back and face the realty that we 20 weren't talking about the same thing. 21 Q (By Mr. McCrea) Let's go to where we are, 22 epilepsy, all right. I have indicated on my sheet that 23 you're stating as a matter -- that you in your opinion are 24 stating as a matter of medical probability that that 25 symptom was not caused by the exposure on the Yusho oil? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010391 103 1 A Yes; but I also though can also state that 2 somebody in that Yusho experience may have had epilepsy. 3 Q Right, and I understand that; but you're 4 stating it was not caused by the oil? 5 A That's correct. I don't believe epilepsy was 6 caused by the Japanese PCB oil with -7 Q And you're stating it wasn1' t possible that it 8 was caused by the: Yusho oil? 9 MR. CARNEY:: Well -- 10 MR. McCREA:: Just a second please. 11 Q (By Mr. McCrea) Because we've get a category 12 for possibility. 13 MR. CARNEY: Well, that's the problem. 14 You're assuming by his answering one question in your 15 multiple choice group an answer on other questions which 16 you're not asking, number one. Number two, when you say 17 none, I don't know whether you're asking him was there any 18 epilepsy shown by any of the people who ate contaminated 19 Japanese PCB's laced with furans, with heavier 20 concentrations of furans than in the U.S. PCB's, again. 21 So I haven't still understood what you mean by none. 22 MR. McCREA: Didn't happen. 23 MR. CARNEY: That no one in those articles 24 MR. McCREA: Established that symptom as 25 being in anyway related to the exposure to PCB's? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010392 104 1 THE WITNESS: Well, that isn't what you were 2 saying. 3 MR. CARNEY: Yeah, now you've changed the 4 question. 5 THE WITNESS: Well, you've changed the legal 6 parameter. 7 MR. McCREA: Well, let's read the question 8 again. 9 THE WITNESS: Yes, but not what you just -10 MR. McCREA: It was my error. 11 THE WITNESS: Just so we know the ground 12 rules of each one. 13 MR. McCREA: Believe me, when I get back to 14 Indiana I'd like to think that we understand the ground 15 rules; and it's important for me, it's important for you, 16 it's important for your attorney. 17 Q (By Mr. McCrea) Go back to Page 1, the 18 question at the top, please. 19 A Okay. 20 Q Let's look at that again, Dr. Kelly. It says 21 in your opinion, based on medical probability is there no 22 causal relationship? That could mean none, in my 23 thinking. A possible causal relationship? That would 24 mean possible. A probable causal relationship? That 25 would mean probable; or a proven causal relationship, that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010393 105 1 would mean proven. In other words, we have four 2 categories, it didn't happen, there is no indication -3 A No. That isn't the category, it didn't 4 happen. 5 Q As a result of PCB ingestion? 6 A All right, fine, but you've got to say -- it 7 happened, it happened there. 8 Q As a result -- Read the question. Between 9 exposure to Yusho PCB oil. All right? I'm not saying 10 that they couldn't have interviewed a person who had 11 epilepsy and they would report this person has epilepsy; 12 but this person had epilepsy before the exposure; 13 therefore it is concluded that there is no causal 14 relationship. 15 Now, if they interviewed the person and they said 16 this person had epilepsy, the individual is thirty-four 17 years old, the individual never had epilepsy up until that 18 date, there was nothing to explain the epilepsy based upon 19 other potential causes, that's to me what we're talking 20 about. 21 MR. CARNEY: Let me just make the objection 22 that just because one person out of all of the people that 23 were -- they ate the Japanese contaminated PCB's with 24 furans happened to get epilepsy doesn't mean that there's 25 any proof that PCB's of the Japanese variety that have the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010394 106 1 furans causes epilepsy. 2 MR. McCREA: Well, the doctor can answer it 3 that way. 4 MR. CARNEY: Well, but that's not the -- the 5 problem is your question's confusing as to when you say 6 none. Do you mean none of the victims had epilepsy, when 7 they got epilepsy, whether the writers concluded one way 8 or the other that the epilepsy had anything to do with the 9 Japanese people eating these PCB's with the furans? I 10 don't know what you mean when you say none. I'm 11 ambiguous -- I think it's ambiguous as to what you mean. 12 MR. McCREA: What I mean is, I'm asking the 13 doctor for his opinion, all right; do you understand that 14 correct, Tom? 15 MR. CARNEY: Well, and again -- 16 MR. McCREA: Just a second. I'm asking him 17 for his opinion; is there any problem with that? 18 MR. CARNEY: I do have a problem with that, 19 because the doctor has indicated that his knowledge is 20 based on some literature. Now there are articles that 21 cover this and I don't know that he has any opinions 22 outside of that literature with regard to the Japanese 23 people ingesting PCB's with furans. 24 MR. McCREA: You're not stating that he's 25 not qualified to discuss the cause and effect relationship Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010395 107 1 between PCB's and held effects, are you? 2 MR. CARNEY: No. What I am saying is with 3 regard to the Japanese PCB's that the Japanese cooked with 4 and ate and those particular furans when you had much 5 more -- those PCB's had a much higher concentration of 6 furans. It's something entirely different than the PCB's 7 in the United States with a much lower furans and so I 8 think there's a difference and I'm not sure that Dr. Kelly 9 has any more knowledge other than the literature about the 10 Japanese situation. 11 MR. McCREA: Are you stating that Dr. Kelly 12 is not qualified as a medical practitioner to offer his 13 opinion on the cause and effect relationship between the 14 exposure to Yusho PCB oil and health problems? Are you 15 stating he's not qualified to give that? 16 MR. CARNEY: No. Dr. Kelly can speak for 17 himself as to what he feels he can offer his opinions on. 18 All I'm doing is making a comment that there's a 19 difference, number one, and I don't think he has indicated 20 that he has knowledge outside of the literature with 21 regard to the Japanese. 22 MR. McCREA: He started off with skin 23 irritation, don't know, hearing problems, don't know. He 24 also has given the answer not enough information on 25 several occasions, totally legitimate answers. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010396 108 1 MR. CARNEY: I'm not disputing that all. But 2 I am disputing that your questions are vague and I 3 certainly had a different understanding as to what you 4 meant by none. Now Dr. Kelly may. I don't know that you 5 defined the terms. 6 MR. McCREA: None means he has stated based 7 on as a medical doctor, based on information he has read 8 and based on the information that has come to his 9 attention that that problem was not caused by the 10 ingestion of the PCB Yusho oil, period. 11 MR. CARNEY: Well, you're not even saying 12 whether there was any indication that there was any 13 epilepsy. 14 MR. McCREA: Well, I'm asking him the 15 question and if there's been no indication -16 MR. CARNEY: Well, go ahead and ask your 17 questions. I think so far they have been very vague and I 18 think there's been an -- at least in terms of what I 19 understood your questions to be I have not understood the 20 definitions that you just recently defined your questions 21 to be. 22 MR. McCREA: None means none, possible means 23 possible. 24 MR. CARNEY: None what? None what? 25 MR. McCREA: No connection. No connection Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010397 109 1 whatsoever. 2 MR. CARNEY: Do the articles say there is no 3 connection? 4 MR. McCREA: No, that it's his 5 interpretation of the articles, it's his interpretation of 6 the data, it's his opinion as medical doctor that there is 7 no causal relation. 8 MR. CARNEY: Well, that's not the questions 9 that I understood that you're asking. 10 THE WITNESS: Well I'd like to have a couple 11 more definitions clarified. 12 MR. McCREA: Yes, sir. 13 THE WITNESS: When I say don't know, I mean 14 by that I don't -- have not checked the literature 15 recently to find out whether this -- whether I can make 16 an -- give an opinion on it. 17 MR. McCREA: That's exactly the way I 18 understand your answers. 19 THE WITNESS: All right, and when I say not 20 enough information that means as we were talking about 21 kidney problems, what kind of kidney problems were you 22 talking about? 23 MR. McCREA: That's exactly the way I 24 understood your answer, Dr. Kelly. That's exactly right. 25 In other words, there isn't -- That's exactly the way I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010398 110 1 understood it. 2 MR. CARNEY: Well, what is your -3 MR. McCREA: Ask him. Ask him. You said 4 what is your -5 MR. CARNEY: Well, what I'd like you to do is 6 just have you ask questions that are not so vague and 7 ambiguous that it leaves listeners confused as to what 8 you're asking. That's what I'd like; if you could do that 9 I'd appreciate it. 10 MR. McCREA: I'd like to satisfy your 11 questions for clarity. 12 MR. CARNEY: And up to date on this whole 13 series of questions on Exhibit 4 I think this whole series 14 of questions is riddled with ambiguity to the point where 15 it's unintelligible to me what you're asking. 16 Q (By Mr. McCrea) It's not easy, is it, 17 Doctor? Dr. Kelly, we're down to shaking or tremors of 18 hands, the question posed to you by this document is in 19 your opinion based on medical probability is there no 20 causal relationship, a possible causal relationship, a 21 probable causal relationship or a proven causal 22 relationship between exposure to Yusho PCB oil, which was 23 contaminated with furans and other chemicals and shaking 24 or tremors of hands? Your answer is there's not enough 25 information? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010399 MR. CARNEY: Objection. Well, I'm objecting to the form of the question, it's compound, as well as the other objections. A I would say I would have to examine the Yusho literature before answering that question. Q (By Mr. McCrea) Change in speech pattern? MR. CARNEY: I'm going to object. I don't know what you mean by change in speech pattern MR. McCREA: It means a speech pattern which has somehow been altered or change. I don't know that that's -- MR. CARNEY: That doesn't help cure my objection. A Well, I'll give a double-barreled answer to that. Q (By Mr. McCrea) All right, sir. A I don't -- I need more information as to what the change in speech pattern is. Is he talking about stuttering, is he talking about repeating words? And I'll have to say I'll have to examine the literature, the Yusho literature to see whether there's any possible or probable connection. You're asking me really to give an epidemiological answer to any of these questions. Q Just asking for your opinion. A Well, yes; but as I say I'll have to Ill Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010400 112 1 double-check it to see if there's one person there with a 2 speech pattern or fifty, with a changed speech pattern. 3 Q I understand. 4 A Numbness in hands. Let's first separate this 5 out, numbness in hands. The same situation; I'll have to 6 have more information as to how, when the numbness came 7 on, how long it lasted and in what percentage of the 8 people it was reported. 9 Q So that would be not enough information? 10 MR. CARNEY: Well, again, you know, you're 11 trying to put him into a - 12 MR. McCREA: No. 13 MR. CARNEY: You made four categories, he's 14 grven you an answer. 15 MR. McCREA: Okay. 16 MR. CARNEY: And somehow you're trying to put 17 him into a category of yours and I think that's improper. 18 THE WITNESS: Well, my category is I need 19 more information on it, and two, I would have to review 20 the Yusho literature to come out with an opinion. 21 Q (By Mr. McCrea) Okay, sir. Numbness in 22 feet? 23 A Same answer. 24 Q Coordination problems? 25 A Same answer. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010401 113 1 Q Unusual gait or walking characteristics? 2 A Same answer. 3 Q Next page, stumbling? 4 A The next two are really the same answer to 5 that, stumbling or problems with balance. 6 Q Yes, sir. 7 A Same answer. 8 Q And that answer is need more information? 9 You would have to read the literature? 10 MR. CARNEY: I'm not sure that is -11 Q (By Mr. McCrea) What is the answer? 12 A Well, the answer is I would have to know more 13 about the stumbling, whether it was once or whether it was 14 all the time, and I would have to read the literature to 15 see -- the Yusho literature to see what the significance 16 of the individual case reports might have been. 17 Q All right, sir, and that's true for stumbling 18 and problems with balance, is that correct? 19 A That's correct. 20 Q Arthritis? 21 A Not proven. 22 Q Joint pain? 23 A I'd have to have more information and check 24 the occurrence in the literature, of the Yusho literature. 25 MR. CARNEY: I just want to object to that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010402 114 1 one as well as a couple of the others. I don't know what 2 you mean by joint pain. 3 MR. McCREA: Stiffness or soreness of 4 muscles. 5 MR. CARNEY: Again, I would object on the 6 ground that I don't know what you mean by that. 7 A Again, I need more information on how stiff 8 they were, how long they were -- how sore they were, and 9 I'd have to see the incidents in these people, by 10 reviewing the Yusho literature following the ingestion of 11 this Japanese PCB material. 12 Q (By Mr. McCrea) All right, sir. Paralysis? 13 A I don't think it's been proven, no. 14 Q And that would be again for clarity of the 15 record you are stating in your opinion based on medical 16 probability there is no causal relationship? 17 A What kind of paralysis? What are we talking 18 about? Paralysis of the little finger or a stroke or one 19 whole extremity? I don't know what you mean. Dropped 20 eyelid? I mean, there are all sorts of paralysis, so I 21 say, I don't know. I could change my answer to I'd like 22 to -- I need more information but I don't think there is 23 any causal relationship. 24 Q Let's say paralysis of the limbs, hands, 25 legs ? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010403 A You mean they can't move their arms and legs? Q Right. A I don't believe there's any causal relationship Q Problems with bones? MR. CARNEY: I'm going to object. Problems with bones is very broad Q (By Mr. McCrea) How about changes in bone structure? Let's change that to change in bone structure? MR. CARNEY: I don't know what you mean by changes in bone structure. The question's vague as well as all of the other objections I have in my standing objection. Q (By Mr. McCrea) Okay, changes in bone structure. A I'd have to see more information on that. Q That's the break time. Thank you, Doctor. (Whereupon, a lunch break was taken.) Q Dr. Kelly, we're back on the record. Again referring to Plaintiff's Exhibit 4, is that the number, sir, on the document? A Yes, sir. Q The next symptom listed as I recall when we took our break is swelling of joints. Do you have an 115 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010404 1 opinion based on a medical probability if there is no 116 2 causal relationship, a possible causal relationship, a 3 probable causal relationship or a proven causal 4 relationship between exposure to the Yusho PCB oil which 5 was contaminated with furans and other chemicals and that 6 particular symptom? 7 A I would have to have more information about 8 the symptoms, when the swelling came on, how long it 9 lasted and I would also have to review the -- re-review 10 the Yusho literature to see what the incidence of this 11 particular symptom was. 12 MR. CARNEY: Do I still have my standing 13 objection? 14 MR. McCREA: Yes. 15 Q (By Mr. McCrea) The next symptom, 16 rheumatism? 17 A Same answer. 18 Q Muscle spasms? 19 A Same answer. 20 Q Muscle weakness? 21 A Same answer. 22 MR. CARNEY: I'm going to object on the 23 ground that I don't know what is meant; what type of 24 muscle weakness we're talking about and where? 25 MR. McCREA: Again you understand that we Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010405 117 1 took this from questions which you addressed to your 2 clients. 3 MR. CARNEY: Well, as I recall at least in 4 looking at some of those depositions that the questions 5 would be asked in a general way, "Have you had muscle 6 weakness?" And if they indicated they did then we asked 7 where and when and what type and got details. So what I 8 am saying is when you just ask these general questions 9 without any definition to it I think it is overbroad. 10 Q (By Mr. McCrea) Muscletwitching? 11 A I'll have to give thesame answer that I 12 would have to know more about what is meant by that 13 particular symptom and then re-review the literature to 14 see if that was a prominent symptom in the Yusho cases. 15 Q Swelling of hands? 16 A Same answer. 17 Q Multiple sclerosis? 18 A None. 19 Q Parkinson's disease? 20 A None. 21 Q Back problems? 22 A Again, I would have to ask what back problems 23 are we talking about, and I would have to review the 24 literature, the Yusho literature to see if they had any 25 particular become problems and how often it occurred. But Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010406 118 1 my opinion would be it would be very improbable. 2 Q Disk problems? 3 A PCB exposure has not been causally related to 4 any disk problems. I presume, the vertebral disks. 5 MR. CARNEY: Again, Doctor, we're talking 6 about the Japanese situation -7 THE WITNESS: The Japanese -- 8 MR. CARNEY: Not the American. 9 THE WITNESS: The Japanese Yusho PCB with 10 chlorinated benzofurans and chlorinated terphenyls. 11 Q (By Mr. McCrea) The answer to that would be 12 none? 13 A That's correct. 14 Q Back pain? 15 MR. CARNEY: Objection to what you mean by 16 back pain. 17 A I would have to know more about the symptom 18 and re-review the literature to see whether that was a 19 prominent factor. 20 Q (By Mr. McCrea) Let's make that pain in the 21 spine, in the back? 22 A Same answer to that. 23 Q Ringing in ears? 24 A Again I'd have to know when that occurred, 25 how often it occurred, how long it occurred and I think I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010407 119 1 can answer the same thing for the next two, and I would 2 have to re-review the literature of Yusho to find out if 3 the Japanese PCB had caused that at Yusho. 4 Q Problems with eyes? 5 A Yes, there were problems with eyes, if by 6 that you mean the eyelids, that was proven. 7 Q Problems with vision? 8 A Again, there I would have to know what the 9 problems with and I think we can include blurred vision 10 under that for the sake of hurrying this along. I'd have 11 to know more about what problems we're talking about and 12 whether or not -- I'd have to re-review the literature 13 with Yusho with the Japanese PCB. 14 Q Glaucoma? 15 A None. 16 Q Loss of eyesight? 17 A None. 18 Q Seeing spots? 19 A I mean by loss of eyesight, you mean complete 20 blindness? Is that what you mean by complete loss, it's 21 gone? 22 Q I don't know. 23 A Gee, it's hard for me to answer then. 24 Q I would assume it means not blindness, or it 25 would state blindness? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010408 120 1 A Five percent loss? 2 Q Yes. 3 A Hundred percent loss? 4 Q Yes. Diminished. 5 A Well, I'd have to agree with you, I don't 6 know what it means. 7 Q We just took these from their depositions. 8 MR. CARNEY: I'm going to object to that 9 characterization and I will say if in fact you did and I'm 10 not saying you did or didn't; I'm not -- you haven't shown 11 me the depositions, but I will say this: That if that 12 question was asked, it was undoubtedly asked because one 13 or more of the plaintiffs indicated that they had a 14 problem, that problem associated with PCB's. One of the 15 problems with your clients, Mr. McCrea, is they're 16 claiming that every problem they've had from ingrown 17 toenails to headaches and everything in between was caused 18 by PCB's. 19 So since that's the position that you have taken we 20 have had to go into all of these problems. If you could 21 be a little more specific in your complaint as to what you 22 think is caused by PCB's we could narrow the focus, which 23 I would welcome. If we could limit it to chloracne we'd 24 have a much simpler time and we wouldn't have to take all 25 this time. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010409 121 1 Q (By Mr. McCrea) Seeing spots? 2 A Again, I am unable to evaluate that symptom 3 and I would have to re-review the Yusho literature to see 4 if their eating their PCB's caused spots in front of their 5 eyes . 6 Q Doctor, it is your opinion that PCB's 7 ingested into the body as opposed to PCB's which have a 8 route of entry through the skin, if the amount is the 9 same, once into the body -10 MR. CARNEY: Let me -- Are you finished? 11 MR. McCREA: No. 12 MR. CARNEY: I want to object as soon as 13 you're finished. 14 MR. McCREA: Okay. 15 Q (By Mr. McCrea) Is it your opinion that 16 there's a difference of the toxicity between PCB's which 17 are ingested into the body and PCB's which are absorbed 18 through the skin? 19 MR. CARNEY: Let me object because I think 20 the question is vague and ambiguous. You haven't 21 mentioned the amount. 22 MR. McCREA: Same amount. 23 MR. CARNEY: You haven't mentioned whether 24 you're talking about the Yusho Japanese PCB's that had the 25 heavy amount of furans that caused problems in Japan that Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010410 122 1 we haven't seen in the PCB's in America, and so I think 2 the question's vague. 3 Q (By Mr. McCrea) Doctor, if the -- Are you 4 stating that if the same identical compound of PCB's is 5 ingested that it would be more toxic than that same - 6 MR. CARNEY: I just wanted to make sure I had 7 time to object. Sometimes the doctor is quicker than I am 8 with his answer, and so as soon as you're finished let me 9 know and I'll object. 10 THE WITNESS: I will wait for you, but just 11 keep reminding me, that's a problem of mine I answer a 12 little too fast. 13 Q (By Mr. McCrea) Doctor, are you stating that 14 if the same compound of PCB's is ingested as opposed to 15 entering the body through the skin that there's a 16 difference in toxicity in ingested PCB's as opposed to 17 PCB's absorbed through the skin? 18 A This is -- 19 MR. CARNEY: Object, let me object. When you 20 say you are saying the same; I don't know what you're 21 talking about in terms of amount. 22 MR. McCREA: Same amount. 23 MR. CARNEY: Same objection. What, if you 24 drink PCB oil versus sticking your hand in the same PCB 25 oil, would that be the same amount. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010411 123 1 MR. McCREA: No. 2 MR. CARNEY: So again I don't know what you 3 mean by amount and again I don't know what you mean by 4 saying compounds. Are we talking about the Japanese PCB's 5 with the heavy amount of furans in them? 6 MR. McCREA: We can talk about anything you 7 want to talk about. We can talk about PCB's with furans, 8 with quaterphenyls, with biphenylenes, with dioxin. We 9 can talk about the Yusho PCB's with the furans and the 10 quaterphenyls. We can talk about you PCB's that you 11 manufacture with furans in it, as tested by Monsanto. 12 It doesn't matter. What I'm stating is this: If 13 you ingest as opposed to having a route of entry through 14 the skin and the same amount ends up absorbed into your 15 body, are those compounds more toxic, according to Dr. 16 Kelly, if they're ingested? 17 MR. CARNEY: Let me object, because number 18 one, you said it doesn't matter whether it's the Japanese 19 PCB's with the heavy amount of furans or the American 20 PCB's, and I beg to differ with you. I think there's a 21 significant difference between the two, the American PCB's 22 I think the record is clear on -- at least from Dr. 23 Kelley's testimony, has a very infinitesimal amount of 24 furans compared to the Japanese and the furans are what 25 caused the problems in Japan. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010412 124 1 So I think it's a problem when you're trying to 2 equate and say the same thing. I think the record is 3 clear that it isn't. They are not the same; and you're 4 mixing again apples and oranges when you're talking about 5 the same amount of PCB's in the body. 6 I'll agree with you if you have the same amount of 7 PCB's in the body you have the same amount of PCB's, but 8 the question is how much PCB's does it take to have your 9 hand in it or to be exposed through skin contact versus 10 drinking and getting the PCB's in your body that way. 11 It's a totally different situation and you're trying to 12 say it's the same, so I think your question is vague and 13 ambiguous. 14 MR. McCREA: Thank you for the agreement. 15 Q (By Mr. McCrea) Doctor, have you performed 16 any studies as to what the rate of skin absorption is of 17 PCB's on the skin? 18 A You mean the rate? 19 Q Right. 20 A How much goes in in one minute, half hour, 21 two hours, twenty-four hours. 22 Q Exactly. 23 A No, I havenot. 24 Q Do you know of any study in which that has 25 been done? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010413 125 1 A There may have. There are minimum lethal 2 doses by skin absorption, there are minimum lethal doses 3 by oral intake. But to answer your question there may 4 have been those studies. I don't know. I don't recall. 5 Q But if the PCB's enter the body they don't 6 have less toxicity if they are ingested as opposed to 7 going through the skin? I mean, there's nothing about the 8 skin absorption that makes them less toxic, or is there? 9 A There could be, because remember if you 10 swallow it, it's absorbed, it goes into the liver and also 11 if you swallow, when these people swallowed the Japanese 12 PCB if one of them had an ulcerated esophagus, which is 13 the gullet, which is the tube leading from the mouth on 14 the stomach, he had that. 15 Whether that was caused by swallowing that PCB or 16 not I don't know. But certainly it could not be caused by 17 absorption through the skin, you would not get a ulcerated 18 esophagus from the skin absorption. If it was absorbed 19 through the skin it goes to the lungs first rather than 20 the liver. Whether or not there's excretion from the 21 lungs or not is a question. 22 Q Which body organs produce enzymes? 23 A The liver. 24 Q Any others? 25 A I'm sure there are. As I said earlier I'm no Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010414 126 1 enzymologist; but I'm sure there are other enzymes outside 2 of the liver. 3 Q Are PCB's an enzyme inducer? 4 A Yes. 5 Q And you can't tell us here today if there are 6 other organs which produce enzymes other than the liver? 7 A No, sir. 8 Q Problems with reading? 9 MR. CARNEY: Again, I have to know what you 10 mean by problems with reading. The question's vague. 11 Q (By Mr. McCrea) An inability to read and 12 retain the information. In other words, the inability to 13 look at a document, to read it and to retain the 14 information? 15 A And to remember it? 16 Q Yes, sir. 17 MR. CARNEY: Well, it's a compound question. 18 You're asking about inability to read and then inability 19 to retain what you have read, and so I object to the form. 20 Q (By Mr. McCrea) Inability to retain what 21 you've read. 22 A I would have to know more about the symptom 23 and re-review the literature. 24 MR. CARNEY: Again for the record, we're 25 talking about the Japanese Yusho literature? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010415 127 1 A Yes. 2 MR. McCREA: Correct. 3 Q (By Mr. McCrea) Or Taiwan, can we include 4 Taiwan in this? 5 MR. CARNEY: Well, I think your question up 6 to now has just been Yusho? 7 THE WITNESS: Yusho. 8 MR. McCREA: I agree. 9 A Let's stick to this. Why don't you come up 10 with another questionnaire on Taiwan? 11 Q (By Mr. McCrea) No, Doctor. Do you know of 12 any substantial differences between Yusho and Taiwan? 13 A There may be. I'll have to check. 14 Q Do you know of any? 15 MR. CARNEY: Let me object here. You're 16 asking the witness to speculate about what's in literally 17 hundreds of pages of writing in these two instances to 18 determine the differences. 19 MR. McCREA: The question did not ask Dr. 20 Kelly to speculate. The question is do you know of any 21 substantial differences between Yusho poisoning and 22 poisoning in Taiwan? 23 A Well, what do you mean by substantial. 24 Q (By Mr. McCrea) Something that you would 25 consider medically significant or scientifically Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010416 128 1 significant? 2 A I would have to re-review both articles to 3 answer that. 4 Q What I mean by medically significant are the 5 symptoms produced, scientifically significant are the dose 6 response, the amount ingested, make up of the chemical? 7 MR. CARNEY: I'm gong to object to the form 8 of the question. It's compound; you're asking at least 9 three or four different questions in that question. I 10 don't know which one you want him to answer. 11 Q (By Mr. McCrea) Let's break it down one at a 12 time. Do you know of any differences in the symptoms 13 between the Japanese symptoms and the Taiwanese victims? 14 A I would have to re-review the articles on 15 both. 16 Q Do you know of any significant differences 17 between the amount of PCB's with contaminants ingested in 18 Japan compared to Taiwan? 19 MR. CARNEY: Talking about the amounts? 20 MR. McCREA: Right. 21 A I cannot be certain. My impression is the 22 people in Yusho have had more. I'm not certain of that; I 23 would have to look again at the literature. 24 Q (By Mr. McCrea) Do you know of any 25 substantial differences in the chemicals in the PCB's in Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010417 Japan as opposed to Taiwan? MR. CARNEY: Objection to the form. Contains an undefined term what you mean by substantial. A Again I would have to look at the amounts that were listed in both literatures to say whether or not there were substantial differences. Q (By Mr. McCrea) Dr. Kelly, the next one is problems with lights, and make that oncoming headlights at night when driving? MR. CARNEY: Well, I don't know what you mean by problems with oncoming lights. If you're in the path of the lights I think you'd have the problem with it but I don't know if that's what you mean. Q (By Mr. McCrea) Eye sensitivity with lights when driving at night? A I don't believe the people in Yusho were driving automobiles; so I don't recall that symptom ever comrng up. Q It probably didn't. Cataracts? A No. MR. CARNEY: Let me, just for clarification, are we back to just Yusho again? MR. McCREA: Correct. Q (By Mr. McCrea) Cataracts? A No. 129 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010418 130 1 Q What are cataracts? 2 A Opacity of the lens and of the eye. 3 Q And what is the chemical composition? 4 A Calcium, presumably, and some colloid 5 formation. 6 Q Seeing spots in sunlight? 7 A Again, I would have to know more about the 8 symptoms and re-review the literature on Yusho poisoning 9 with the Japanese PCB's. 10 Q Irritated eyes? 11 A Yes. 12 Q Eye disease? 13 A Here again, you mean by an eye disease, 14 eyelid disease or eye disease? I don't know what you mean 15 by that sentence. I mean, if I say yes, cataracts is an 16 eye disease, but I don't believe cataracts -- 17 Q Are there any particular diseases of the 18 eye - 19 A The eye itself? Not -- 20 Q -- that you feel are possibly, probably or 21 proven to have resulted from the ingestion of the Yusho 22 PCB oil? 23 A If you mean the globe of the eye itself or do 24 you mean the eyelids? Do you include that in your 25 blanket -- Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010419 Q The eye itself, excluding the eyelid? A I do not know of any. Q Inflamed or puffy eyes? A Well, we skipped a few. Q We did? A Irritated eyes. Q I thought we went over that. You said that was proven? A Well, we can take it inflamed or puffy eyes, unusual redness of the eyes, plus a discharge in the eyes Yes, those have been reported at Yusho. Q Heart problems? A Again, I would have to know what the meaning of that symptom is or that condition is and re-review the literature of the Japanese poisoning with Kanechlor, the Japanese PCB. Q Heart attack? A I certainly do not believe that has been proven. MR. CARNEY: Again we're talking about Japan, Yusho? A Q A Yusho, Japan, Yusho. (By Mr. McCrea) Stroke? I do not believe there has been a causal relationship between strokes and the ingestion of Japanese 131 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010420 132 1 PCB oil with the furan contaminations. 2 Q Was your answer I do not believe there has 3 been a definite causal relationship between stroke and the 4 injection of Yusho oil? 5 A That's correct. 6 Q Is it your opinion that there is no 7 relationship? 8 A I would have to re-review the literature to 9 find out. 10 Q Tightness in chest? 11 A Again, I'd have to know more about the 12 symptom. 13 Q Peripheral neuropathy as it effects the 14 nerves crossing the chest? 15 A Well, that's not tightness of the chest. 16 That's pain along the ribs. 17 Q All right. My question is peripheral 18 neuropathy? 19 A We're forgetting about tightness of the chest 20 now, are we? 21 Q Yes, sir; and now as a subcategory, 22 peripheral neuropathy as it effects the nerve endings in 23 the chest area? 24 MR. CARNEY: I'm going to object to the 25 definition of what peripheral neuropathy is. At least I Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010421 133 1 think you've mischaracterized it and it's my understanding 2 that it's in the ends of the nerves on the limbs, but 3 maybe I'm wrong, I'm not a - 4 THE WITNESS: I wouldn't hear what you said. 5 MR. CARNEY: The ends of the nerves at the 6 ends of the extremities; but I may be wrong and I'm not a 7 doctor, so I'll -- but I think you mischaracterized what a 8 peripheral neuropathy is. 9 MR. McCREA: I'm not a doctor, I could very 10 well have. 11 Q (By Mr. McCrea) But Doctor, could you have 12 peripheral neuropathy in the nerve endings in the chest 13 muscles? 14 A Yes. 15 Q The question is now peripheral neuropathy, is 16 the nerve endings in the chest? 17 A I would have to review the article to find 18 out whether there was any relationship. 19 Q Tightness in heart area or pain? 20 MR. CARNEY: Objection to the form, as well 21 as I have my continuing standing objection, right Mr. 22 McCrea? 23 MR. McCREA: Yes, we stipulate. 24 A I would have to review the symptoms of what 25 they are talking about to get more information about the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010422 134 1 symptoms of what they mean by tightness in the heart area 2 or pain I presume where he has pain in the heart area. 3 Again I would need more information on that and I would 4 then have to re-review the literature on the Yusho 5 incident using the Japanese contaminated PCB's. 6 Q (By Mr. McCrea) Unusual rapid or irregular 7 heart beat? 8 MR. CARNEY: Objection to the form. It's 9 also vague; I don't know what you mean by unusual. 10 A Again, I would have to know what caused 11 irregular heart beat. I would have to know what caused 12 the rapidity of the heart. I'd have to know how long it 13 was. I'd have to know whether its was once in a while or 14 intermittent, so the answer is I do not have enough facts 15 to give an adequate opinion on that. 16 Q Diabetes? 17 A No. 18 Q High blood sugar? 19 A No. 20 Q Leukemia? 21 A No. 22 Q You acknowledge, Doctor, that benzene can 23 cause leukemia, correct? 24 A Oh, yes, certainly. We aren't talking about 25 benzene. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010423 135 1 Q I understand that. 2 A Well, I just want to let the jury know that 3 there's a big difference between benzene and chlorinated 4 biphenyl. 5 Q All right. Are there transformer fluids that 6 contain trichlorobenzene? 7 A Yes. 8 Q If a worker is exposed to a transformer which 9 contains trichlorobenzene and polychlorinated biphenyls, 10 putting aside Yusho, would leukemia be a possible 11 consequence of exposure? 12 MR. CARNEY: Objection, I don't think you've 13 given enough facts. The amount, the length of time, the 14 dose. 15 Q (By Mr. McCrea) Doctor, let me uncomplicate 16 the question, if I can. Is there a difference between 17 toxicity of trichlorobenzene and benzene? 18 A Oh, yes. 19 Q All right, sir. In your opinion is 20 trichlorobenzene associated with leukemia? 21 A No. 22 Q Anemia? Now we're back to Yusho. 23 A I do not know if anemia has been associated 24 with the Yusho occurrence. I could have to know more 25 about the type of anemia, the extent of the anemia, what Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010424 136 1 happened to the blood counts and I would have to review 2 the literature to know if that was a significant finding. 3 Q Gout? 4 A No, never heard of gout being associated with 5 anybody's PCB much less Yusho's. 6 Q What causes gout? 7 A It's disturbance of the purine metabolism 8 which causes a precipitation of uric acid in the joint 9 cavities. 10 Q Liver problems? 11 MR. CARNEY: I'm gong to object to that as 12 being undefined, what you mean by liver problems. 13 MR. McCREA: Swelling of the liver. 14 MR. CARNEY: I'm not sure that these -- there 15 was any measuring of the liver. I don't know that people 16 know if their liver is swollen or not. 17 You can answer. 18 A It is possible. 19 MR. CARNEY: He's asking whether there's 20 anything in the literature in Yusho? 21 A I think there was to the best of my 22 recollection, but we have defined liver problems to the 23 swelling of the liver. 24 Q (By Mr. McCrea) Hepatitis? 25 A Yes. If the liver is swollen it could be due Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010425 137 1 to hepatitis. 2 Q Porphyria cutanea tarda? 3 A Do we get that one? I don't see it in here. 4 Q As a liver problem? 5 A What? 6 Q As a liver problem? 7 A I thought you were asking for that. I done 8 know if that was reported in the Japanese Yusho incident 9 are or not. 10 Q Elevated porphyrins as part of liver 11 problems ? 12 A If they had liver problems they may have had 13 elevated porphyrins. I do not know if they were, at the 14 present time, I do not recollect whether or not they 15 tested for them or whether they were elevated to a 16 statistical positivity. 17 Q Primary liver tumor? 18 A Is that also under problems? 19 Q Yes, sir. 20 A I don't recall if the Japanese PCB's with the 21 chlorinated benzofurans, et cetera, caused primary liver 22 tumors. I am of the opinion it did not. 23 Q Fatty degeneration? 24 A That's possible. 25 Q Induction of enzymes? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010426 A That's possible. There's inductions of enzymes isn't all bad all the time. Q Cirrhosis, which is the next one on the chart? A I do not know whether or not cirrhosis has been reported in the Yusho literature. Q Hepatitis we have discussed. Tumors, and by this, doctor, non-cancerous tumors? A We mentioned that, too. You said hepatoma above. Didn t you mention hepatoma under liver problems? I thought that was one of your subsidiary questions Q Primary liver tumor? A That's a hepatoma. Q You answered that? A And I said I did not know that that was reported. Q And now the question is, excuse me, is unrelated to the liver. This is to the body, tumors in the body, non-cancerous tumors? A I do not recall any such association in a causal manner. Q What about non-cancerous tumors of the liver? A Again, I do not know if any of them had occurred. I d have to re-review the literature. Q Cancer? 138 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010427 139 1 A Any place? 2 Q Yes, sir. 3 MR. CARNEY: You're again talking about the 4 Japanese ingestion of the Japanese PCB's with the furans? 5 MR. McCREA: Correct. 6 A I do not know if it has been statistically 7 proven that cancer has resulted from the oral intake of 8 the Japanese PCB's. 9 Q (By Mr. McCrea) Food allergies? 10 MR. CARNEY: Objection to the form, it's 11 vague. 12 A I don't know enough about the delineation of 13 that symptom and I would have to re-review the literature 14 to answer the question. 15 Q Motion sickness? 16 A Same answer. 17 Q Stomach problems? 18 MR. CARNEY: Objection to the form. It's 19 vague. 20 A I presume by this you mean anything from a 21 person having to take the Japanese equivalent of Maalox to 22 a cancer of the stomach? 23 Q (By Mr. McCrea) Yes, sir. 24 A Well, I would have to know more about the 25 stomach problems and to re-review the literature. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010428 140 1 Q Ulceration of the esophagus? 2 A It's been stated that that occurred. At 3 least one case there, in Yusho. 4 Q I think that's a repeat of one on the first 5 page. No -- well, yes, it is, and you've answered that. 6 Can you tell us what you recall about that one case, 7 Doctor? 8 A Not except that someone had -- I'd have to 9 re-review the literature, but one person had an ulcerated 10 esophagus. 11 Q Problems with intestines? 12 A I'm going to give you the sameanswer on the 13 next one, two, three, four, five, six, seven; it will save 14 some time. The answer is -- 15 Q All right. 16 A The answer is I would have to know more about 17 the delineation of these symptoms, the time factor 18 involved and I would have to know -- I'd have to re-review 19 the literature to see if in fact these occurred. 20 Q As a subcategory, Dr. Kelly, on problems with 21 intestines, fatty tumors of the intestines? 22 A I'd have to know more about where this fatty 23 tumor was. I mean, the intestine is coated with fat. 24 There are pieces of fat hanging down all along the 25 intestines and I don't know if that's considered a fatty Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010429 141 1 tumor or not, if it's a piece of fat. The omentum which 2 hangs over almost the complete intestine is almost 3 completely composed of fat, so -- 4 Q Doctor, I think these next two have been 5 previously answered -- No, they haven't. Unusual weight 6 gain? 7 MR. CARNEY: I don't -- I guess I'll object. 8 I don't know what you mean by unusual weight gain versus 9 usual, usual. I don't know if there's a difference in 10 your mind or not. 11 A Well, Mr. McCrea, I'd have to find out what 12 they mean by unusual weight gain and what they mean by 13 unusual weight loss. I'd have to look up in these 14 articles and see if some people gained weight and some 15 people lost weight as a result of the exposure to the 16 Japanese eating the Japanese PCB's. So I would have to 17 see, there'd have to be a preponderance of one; I don't 18 believe you'd have it both ways. Some people would gain 19 weight and some people would lose weight as a result of 20 PCB's, so I can't answer that. 21 Q (By Mr. McCrea) Allergies to medications? 22 MR. CARNEY: Objection. I don't know what 23 you mean, what type of medications? Question's vague. 24 A I don't think that was talked about in there. 25 I would have to review the literature to give you an Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010430 142 1 answer to that. 2 Q (By Mr. McCrea) Can enzyme induction alter 3 the effectiveness of medications? 4 A Well, sometimes it can enhance it. Sometimes 5 it can all hurt. 6 Q So it can both make it more effective and 7 make it less effective? 8 A It's a possibility. 9 Q Do you know how enzymes do that? 10 A No, I don't. 11 Q Is that proven, that enzyme induction can 12 enhance and decrease the effectiveness of medications? 13 MR. CARNEY: I'm going to object to the word 14 proven. That's an undefined term as to what you mean by 15 proven. I assume you're talking about the literature 16 here -- 17 MR. McCREA: No. 18 MR. CARNEY: And I don't think the literature 19 uses the word proven. 20 MR. McCREA: No. I'm not talking about the 21 Yusho literature. I'm asking Dr. Kelly if it's a proven 22 fact that enzyme induction can both improve or lessen the 23 effectiveness of medication? 24 MR. CARNEY: Well, I'm going to object to the 25 use of the word proven fact. I don't know what you mean Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010431 143 1 by proven fact; has it been proved in a law -- proved up 2 in a lawsuit. I don't know that this witness is an expert 3 as to what's been proven in the courts of the United 4 States or not. 5 Q (By Mr. McCrea) Has it been proven in 6 medical science that enzyme induction can enhance the 7 effects of enzyme induction? 8 MR. CARNEY: I'm going to object on the same 9 grounds, the use of the word proven. I don't know what 10 you mean by that, it's an undefined term. 11 A If one takes antipyrine, which is a drug that 12 has been used previously in the reduction of fever and you 13 have enzyme induction you will speed up the elimination of 14 that antipyrine from the body. Whether that's good or bad 15 for the body I don't know, but it does effect that. 16 Q (By Mr. McCrea) How long has that been 17 known, Doctor? 18 A Ten years, give or take a few years. 19 Q Do you recall where that was reported? 20 A Oh, it's reported often. 21 Q Are there any other medications? 22 A There may well be. 23 Q Which can be likewise affected in addition to 24 antipyrine ? 25 A Antipyrine? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010432 144 1 Q Yes, sir. 2 MR. CARNEY: Objection to the form. It's 3 vague. 4 A There may have been. I mean, there may be. 5 I just don't recall at the present time. 6 Q (By Mr. McCrea) Now Doctor, loss of appetite 7 and we're talking about you she PCB ingestion? 8 A Well, I'll have to answer that the same way I 9 answered unusual weight gain, unusual weight loss. 10 There's loss of appetite and there's too much appetite. I 11 would have to know more about the symptoms and I'd have to 12 know more about -- I'd have to re-review the literature to 13 answer that question. 14 Q In 1933 the individual working for Swann 15 Chemical complained of loss of appetite, is that not 16 correct? 17 A My I see Exhibit 1 again? 18 Q Page 1024 under Report of Case, the first 19 full paragraph, second to the last line? 20 A Yes, he complained of loss of appetite, yes, 21 srr. 22 Q Uncontrolled urge to eat, Yusho ingestion? 23 A I don't know. I'd have to re-review the 24 literature on that. 25 Q Colitis? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010433 A Again, that is a catch-all phrase for everything from amoebic colitis to ulcerative colitis to to spastic colitis to allergic colitis. I'd have to know more about the type of colitis. I'd have to review the literature to be able to tell it. Q Kidney pain? A Same answer to that, kidney pain could be kidney stone, could be pain in the region, could be pain on emptying the bladder. Q Bladder problems? A Again, I'd have to know more about what they are talking about. I think we could take all three of these, bladder problems, colon problems, spleen problems. I'd have to know what the problems with. I don't think the spleen has very many problems unless it gets too big; but I'd have to know more about that and re-review the literature on the Yusho incident using the Japanese PCB's. Q Rectal bleeding? A There again I'd have to know whether that's associated with constipation, hemorrhoids, whether they do a lot of stooping or lifting and I don't know without re-reviewing the literature whether that was prominent at Yusho. Q Painful urination? A I do not know whether that was a prominent 145 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010434 146 1 symptom or not. 2 Q Unusual color in urine? 3 A I haven't the slightest idea what color they 4 are talking about. Purple, green, red? I don't know. 5 Q Fair enough. Blood in urine? 6 A I think that has not been proven at all in 7 the Yusho people. 8 Q Would your answer be none? 9 A I know of none, yes. 10 Q Frequent urination? 11 A The same answer. I would have to say that I 12 would have to know more about this, what other causes 13 there may have been for the urination and I would have to 14 re-review the literature to see if that was a prominent 15 finding in the Yusho episode after the ingestion of 16 Japanese PCB. 17 Q Dizziness? 18 A I think we can take the next four. 19 Q All right, sir. 20 A Because the answer is justgoing to be the 21 same as I have just given you, periods of disorientation, 22 blacking out, fainting and memory loss. 23 Q All right, sir. What is your answer? 24 A That I would have to know more about a 25 description of these symptoms, when they occurred, how Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010435 often they occurred, what their relationship was to the exposure, what was the extent of the exposure and then I'd have to re-review the literature to find out whether it was a prominent findings at Yusho. Q Amnesia? A That's pretty close to memory loss, I think I would include that under it Q Were the -- Were the Yusho -- Strike the question. Disorientation? A That I'd have to have more information what were they disoriented around time, place, people or what. Q Speech disorder? A Didn't we have that before? Q Very similar; speech problems I think it was. A My answer would be the same for speech disorder as I was for speech problems Q Okay. Lethargy? A I would have to know more about it and re-review the literature to see if it was prominent in the Yusho episode Q Trouble sleeping? A I think we can combine that with insomnia. That's pretty close Q All right, sir? A I would have to say I would have to know more 147 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010436 148 1 about it. I would have to know more about the symptoms 2 and would have to re-review the literature to see if it 3 was a positive finding. 4 Q Trouble concentrating? 5 A Same answer. 6 Q Nervousness? 7 A I'd have to know what they mean by 8 nervousness. Does that mean a person is jittery, does 9 that mean a person has tremors, does that mean a person is 10 afraid to go out in the street, get hit by a ricksha. 11 Q First jittery, under the category of 12 nervousness, at Yusho. 13 A Beg your pardon? I can't hear you. 14 Q First, the subsymptom of jittery, under 15 nervousness? 16 A I do not know if that was a prominent symptom 17 at Yusho, so I cannot answer. 18 Q Tremors? 19 MR. CARNEY: I think that's vague. What kind 20 of tremors. 21 A I think I answered that before someplace. 22 No, maybe I didn't; but I would have to know more about 23 when the tremors came on, how long they came on, what 24 muscles were involved and I'd have to re-review the 25 literature to see if it was a significant finding. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010437 MR. CARNEY: And I'll object on the ground that further you haven't indicated what type of tremor. Q (By Mr. McCrea) Tremors of the hand? MR. CARNEY: Well, I would object. There are various types of tremors of the hand and I'd have to know which ones you mean. Otherwise the question's overbroad and vague. Q (By Mr. McCrea) Tremors of the hand? MR. CARNEY: Talking about a postural tremor or -- A My answer is the same, I'd have to know more about it. Is it a tremor when you reach for a glass of water. Is it shaking all the time like Parkinson's? I don't know, I'd have to know more about it Q (By Mr. McCrea) Scared? MR. CARNEY: Objection. A Scared? Q (By Mr. McCrea) Yeah. You said scared, scared of being hit by a ricksha? A I do not believe that that was a prominent symptom that I can recall. Q Anxiety? A I do not believe that was prominent symptom in Yusho. I would have to re-review the literature to find out. 149 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010438 150 1 Q Irritability? 2 A Same answer. 3 Q What is your answer on irritability, that you 4 need more information? 5 A I would need moreinformation to know what 6 they would be irritated about, how often it would be 7 irritated, how long the periods of irritability would last 8 and then I would have to review the Yusho literature to 9 find out if the ingestion of the Japanese PCB caused 10 people to be more irritable than they were previously. 11 Q Injury to the immune system? 12 A That's possible. 13 Q Predisposed to cancer? 14 A No, I do not believe so. 15 Q Depression? 16 A I would have to review the literature to find 17 out if that was a prominent symptom at Yusho and I do not 18 recall it being. 19 Q Change in personality? 20 A Same answer. 21 Q Unexplained crying? 22 A Same answer. 23 Q Claustrophobia? 24 A I never heard of that before. It may have 25 been, but I never heard of it, at Yusho after the Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010439 151 1 ingestion of the Japanese PCB's. 2 Q Vertigo? 3 A There again, people get very confused. Does 4 vertigo mean you stand up and the room goes around, or do 5 you get lightheaded. So there's got to be a very definite 6 definition of what they mean by vertigo and what I mean by 7 vertigo and what medical -- what is accepted as vertigo. 8 But to answer your question I would have to know more 9 about that symptom and I would have to re-review the 10 literature. 11 Q Dr. Kelly, Exhibit 4, we have gone over every 12 symptom on that exhibit? 13 A Yes, sir. 14 Q As medical director of -- 15 A May I correct you a minute? Because I said 16 yes and I want to correct that answer. 17 Q Yes, sir. 18 A You have gone over signs and symptoms. Skin 19 cancer is not a symptom, it's a sign. It's not a symptom. 20 A boil is not a symptom. High blood pressure is not a 21 symptom. 22 Q All right. We have gone over all of the 23 signs, which is something you can see, and all of the 24 symptoms, which is something that's reported? 25 A That's correct. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010440 152 1 Q On Plaintiff's Exhibit 4? 2 A Yes, sir. 3 Q My question to you, as medical director of 4 Monsanto Company did you ever ask a single worker if he 5 had any of these specific problems? In other words, when 6 you sat down and did your medical evaluation of the 7 workers did you ask the worker a question such as: "Mr. 8 Worker, I'm going to ask you a series of questions. Have 9 you had any of the following: Asthma, skin irritation, 10 skin rashes?" Did you ever go through a list of questions 11 with the workers? 12 MR. CARNEY: Let me object. I think you 13 covered this in questions about what he did in his 14 physical examinations at length last week when you were 15 examining the witness, and I'm going to object to that. I 16 think the question is vague and ambiguous. Are you asking 17 did he ask specifically and each one of those or are you 18 asking on one? I don't know what the question is, very 19 vague. 20 Q (By Mr. McCrea) And I appreciate the 21 objection and it's important for us to understand this 22 answer. I'm not talking about these symptoms, Dr. Kelly, 23 what I am asking you is did you ever specifically ask a 24 worker about specific signs or symptoms? 25 A Yes. Not these, now, you're not talking Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010441 153 1 about those you've said. 2 Q No? 3 A Yes, I asked them if they had gained weight. 4 I asked them if they lost weight. I mean, when you take a 5 physical examination you don't have a list to sit down and 6 say okay, "Do you have asthma? "No" do you have skin 7 irritation? "No." You go by symptoms. You start with 8 the head, you ask them about whether they had headaches, 9 you develop when they got the headaches, if they had 10 headaches. If they had eye problems you ask them about 11 that. You ask them when they have had their glasses 12 checked. You ask them -- you cover all these specific 13 things but not specifically each one. 14 Q Did you ever have a list of questions like 15 when you go in for a driver's license, you know how they 16 sit there and they ask you if you had any of these. Did 17 you ever have a list of questions in which you checked off 18 the signs or symptoms on a written list? 19 A We have had some -- We would have asked 20 people about conditions that occurred infrequently in the 21 industrial environments. We would ask people if they had 22 back pain. We would ask people who were exposed -- 23 Q Now we're talking about PCB workers? 24 A No. You didn't mention PCB. You said did I 25 ever talk to any Monsanto workers. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010442 154 1 Q Right. Let's restrict it to PCB workers. 2 Did you ever have a specific list of signs and symptoms 3 which you asked workers exposed to PCB's in Anniston or 4 Sauget, Illinois? 5 A Well, now remember, the people that I 6 examined were the -- What was it, seventeen or 7 twenty-seven people at East St. Louis. I did not examine 8 the workers at Anniston, the PCB workers. I talked to the 9 workers at Anniston, when I asked them how they were 10 getting along, asked them if they had any problems, asked 11 them when they went back to the doctor, asked them when 12 they went to St. Louis. The people in St. Louis where I 13 gave the thorough examination in that one group that were 14 still working there, I covered these things under the 15 systems. 16 Q Did you specifically ask them about specific 17 signs or symptoms on a written list? 18 MR. CARNEY: I think we're out of time. So 19 we don't cut off the answer, save it for the break. 20 MR. McCREA: Break. 21 (Whereupon, a short break was taken.) 22 Q Dr. Kelly, your attorneys asked you about 23 documents which were identified as K-l through K- 87? 24 A Me? 25 Q K-87. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010443 155 1 A K what? 2 Q K-87. 3 A Eighty-sixdocuments in there? 4 Q Right. Your attorneysasked you about those 5 documents. 6 MR. CARNEY: Do you have a second set that 7 you could give to Dr. Kelly? 8 (Whereupon, a discussion was held off the record.) 9 Q (By Mr. McCrea) Doctor, I'm going to ask you 10 a few questions about certain documents in this stack and 11 I will refer to them by the exhibit number in the lower 12 right corner? 13 A Yes, sir. 14 Q The first one - 15 MR. CARNEY: Why don't we just, so that we 16 can have -- if you just mention the exhibit number I could 17 have my associate hand the doctor that. That way he wont 18 have to juggle. I think our -- just for the record our 19 exhibits went from K-l through K-108. 20 MR. McCREA: K- 108, all right. 21 Q (By Mr. McCrea) Dr. Kelly, can you review 22 please Exhibit K-3? 23 A Yes, sir, I have it. 24 Q Would you turn to page 298? 25 A Yes, sir. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010444 Q First of all, the title of this document is what? A Symposium on Certain Chlorinated Hydrocarbons Q Does that include PCB's? A It includes what he called PCB's. He did not test PCB's as he stated in his 1939 article, he tested P -- polychlorinated diphenyl benzene, which is not a PCB But he referred to that particular compound as a PCB through all these articles in 1937. Q All right. On page 298 can you see in the second column the heading discussion? A Yes, sir. Q The first sentence under that heading states "These experiments leave no doubt as to the possibility of systemic effects from the chlorinated naphthalenes and chlorinated diphenyl." Is chlorinated diphenyl synonomous, the same as PCB? A Yes, it is. But remember now, he was not using chlorinated diphenyl. This is an error that he accepted and changed when he found out he was not testing chlorinated diphenyl so that whenever he refers to that in these 1937 articles when he refers to chlorinated diphenyl, he is in error, he is referring to chlorinated diphenyl benzene and for accuracy we will have to get his 156 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010445 157 1 1939 article in which he reverses his nomenclature. 2 Q Would you define systemic effects as written 3 in this sentence? 4 A Yes, affects the body as a whole. 5 Q Would you turn to page 307? 6 A Yes, sir. 7 Q When did you determine the cause of the 8 chloracne in the workers at Swann Chemical? 9 A When I read the literature on it. When I 10 read Jones' article. 11 Q Would you read the paragraph in the left 12 column? Dr. R. Emmet Kelly, is that you? 13 A That is I. The name is spelled wrong but 14 that is all right. One T in Emmet. 15 Q And would you read those two paragraphs into 16 the records? 17 A "I can't contribute anything to the 18 laboratory studies; but there has been quite a little 19 human experimentation in the last several years, 20 especially in our plant where we have been manufacturing 21 this chlorinated diphenyl. It has been our observation 22 that although on one occasion we did have a more or less 23 extensive series of skin eruptions which we were never 24 able to attribute as to the cause whether it was an 25 impurity in the benzene we were using or the chlorinated Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010446 158 1 diphenyl, we have never had any systemic reactions at all 2 in our men." 3 Q Let's stop right there. Did you make that 4 statement on the date of June 30, 1970? 5 A Yes, I did. 6 Q And before June 30, 1970 had you read the 7 article by Jones and Alden? 8 A I very probably did. 9 Q And on June 30, 1937 was that statement which 10 you gave accurate in which you state: "It has been our 11 observation that although on one occasion we did have a 12 more or less extensive series of skin eruptions which we 13 were never able to attribute as to cause, whether it was 14 impurity in the benzene we were using or to the 15 chlorinated diphenyl, we have never had any systemic 16 reactions at all in our men." Was that statement accurate 17 on that date? 18 A Well, it depends what is meant by we, what I 19 meant by we at that time. I don't believe that at that 20 particular time in June the 30th, 1937 I was going to go 21 into the structure, the subsidiary structures of Swann and 22 when we bought Swann and I believe I used we in the 23 all-inclusive sense meaning Monsanto and Swann. 24 Q Was that statement accurate on that date? 25 A With that provision it's accurate, yes. That Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010447 159 1 it was Swann workers and they had it -- but I wasn't going 2 to say when we bought a company that had it, I used the 3 word we for simplicity. 4 Q Was the statement accurate when you state, 5 "We were never about to attribute as to cause whether it 6 was impurity in the benzene we were using or to the 7 chlorinated diphenyl." Was that statement accurate on 8 that date? 9 A I think so, yes. 10 Q And chlorinated diphenyl is synonomous with 11 PCB? 12 A Yes. 13 Q And when you said chlorinated diphenyl on 14 this date that was one and the same as PCB? 15 A Well, not exactly, you are oversimplifying 16 it; because we didn't know -- at least I didn't know at 17 that time whether the impurity in the benzene caused a 18 chlorinated diphenyl, chlorinated styrene, chlorinated 19 diphenyl benzene or God knows what. So I didn't know 20 that -- so I believe this was an ad-lib statement I made 21 there that probably in hindsight I might have been more 22 precise. 23 Q And that statement was made after you read 24 the Jones and Alden article? 25 A That's right, but after all Jones and Alden Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010448 160 1 did not precisely know either. They said in our opinion 2 this is probably -- in our opinion this is probably 3 chlorinated styrene or something else. 4 Q Was that statement made after you talked to 5 the workers at the Anniston, Alabama plant? 6 A I can't answer that. 7 Q You go down in that paragraph at the end and 8 you say also from chlorinated diphenyl alone there have 9 been no cases of systemic poisoning reported? 10 A That's correct. 11 Q What do you consider a report of systemic 12 poisoning? 13 A A government report, a case report, a series 14 of papers on -- a paper that, such as Jones and Alden had. 15 Q Do you consider a worker's report of 16 lassitude, loss of appetite and loss of libido a report? 17 A To whom? 18 Q To you? 19 A Well, I never got those. 20 Q To Jones. You consider that a report? 21 MR. CARNEY: Well, I'm going to object to the 22 form of the question. I don't know what you mean by 23 report. 24 MR. McCREA: I'm asking him. 25 MR. CARNEY: Well, I done know what you mean Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010449 161 1 in your question. The question is vague. 2 Q (By Mr. McCrea) Dr. Kelly, you state here: 3 "We have examined them very closely both from what 4 laboratory tests we thought might help us and from the 5 clinical viewpoint." When you say them, are you referring 6 to the sixteen men who experienced chloracne? 7 A That's correct. 8 Q And did you inquire of those men as to their 9 reports of lassitude, loss of appetite and loss of libido? 10 A No, sir; but in this report I am talking 11 about medical reports in the medical literature, not a 12 report of an individual to a doctor, that is not what's 13 usually considered to be a report. 14 Q And when you say also from chlorinated 15 diphenyl alone there have been no cases of systemic 16 poisoning reported. Were there cases of systemic 17 poisoning reported from chlorinated diphenyl and other 18 chemicals? 19 A They were reported, yes. They were reported 20 by Drinker but then Drinker changed his mind. I mean, he 21 not only changed his mind, he accepted the fact that he 22 was in error. So I didn't know that at that time that he 23 was going to then double-check the chlorinated diphenyl. 24 He had reported it. 25 He had said that these people had systemic effects Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010450 from certain chlorinated hydrocarbons and he called it chlorinated diphenyl when in truth it should have been chlorinated diphenyl benzene. So I went on his statement in 1937 and then when I found out that -- Well, there never were any cases where chlorinated diphenyl was used by itself that had systemic poisonings. Tremors were cases of chlorinated diphenyl benzene, which was included as ten percent and chlorinated naphthalene that caused systemic poisoning. Q What were the effects resulting from the systemic poisoning of that combination of chemicals and when were they reported? A Well, they were reported obviously sometime before 1937 but I don't know when. Q What were the effects of the systemic poisoning? A Both. Q Of those combinations of chemicals? A There were cases that had chlorinated naphthalene alone that developed jaundice and death and chloracne, not exactly in that order. There were cases of chlorinated naphthalene that had what was called ten percent chlorinated diphenyl in them which were also reported in the literature as causing chloracne, jaundice and death. But there were no cases reported that had 162 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010451 chlorinated diphenyl by itself or chlorinated diphenyl by itself by -- in conjunction with naphthalene reported as causing any systemic illness. Q Dr. Kelly, isn't it a fact that Dr. Jones and Dr. Alden received a report from a worker that he suffered lassitude, loss of appetite and loss of libido, isn't that that a fact? A Yes, but the fact -- that's one fact. The other fact is he didn't know what those people were exposed to He said, "We've got an impurity in here, we don't know what it is. We think it may be chlorinated styrene." Q But in your paragraph above you state that you don't know if it was the impurity or the PCB? A Well, that's correct, I didn't know it then. But then I knew afterwards when we had forty years of experience just having chlorinated -- PCB's without impurities and no ill effect then I was certainly positive. I didn't know in 1937 but I certainly knew in 1939 all the way up to 1974 Q Do you have any statistics available for your workers in PCB's to show the percentage of workers on an epidemiological basis who had lassitude, loss of appetite or loss of libido? A No, sir. 163 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010452 164 1 MR. CARNEY: I'm going to object to the 2 question before the doctor answers and that's the question 3 is vague and ambiguous. I don't know what you mean by 4 several terms including the epidemiological basis. The 5 question's compound. So I object to the form and I object 6 on the grounds that it's vague and ambiguous. 7 MR. McCREA: Could the reporter reread the 8 question. 9 (Reporter read back from the record as directed: 10 "Q. Do you have any statistics available 11 for your workers in PCB's to show the percentage of 12 workers on an epidemiological basis who had lassitude, 13 loss of appetite or lass of libido?") 14 A That's the question? 15 Q (By Mr. McCrea) Yes, sir. 16 A No, I did not do any epidemiological studies 17 as to the presence or absence of lethargy, loss of libido 18 or loss of appetite. 19 Q Do you have any numbers for those symptoms? 20 MR. CARNEY: I'm going to object. I don't 21 know what you mean by do you have any numbers. 22 Q (By Mr. McCrea) The number of people who 23 experienced those symptoms who worked in PCB's? 24 A We have no record of any of them ever telling 25 their examining physician that, so the number would be Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010453 165 1 zero. 2 Q And no record of ever asking those questions? 3 MR. CARNEY: Well, let me object to the - 4 You mean a written record as opposed to a memory of 5 asking? If we get hung up on this whether the doctor had 6 a written checklist, was asking certain questions or 7 whether he had people fill out a form. 8 MR. McCREA: I think we established he had 9 no written checklist. I think we have established that he 10 did an examination, a standard examination, a standard 11 physical examination, but there was no checklist. 12 Q (By Mr. McCrea) My question is: Do you have 13 any numbers in writing of workers who experienced those 14 three symptoms, lassitude, loss of appetite, also of 15 libido? 16 A We have no numbers in writing of oral that 17 these people did have these symptoms. If you ask that, we 18 have no written record that these workers reported those 19 three symptoms. 20 Q I think we have been over that enough, 21 Doctor. 22 A Good. 23 Q What information did you gain after June 30, 24 1937 with respect to the chloracne of the sixteen 25 individuals who worked for Swann? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010454 166 1 A You mean from then on out? 2 Q Right. 3 A Fifteen,twenty years? 4 Q Right. 5 A Well, I obtained the information that the 6 chloracne had receded markedly in the years that I went to 7 Anniston before the war. 8 Q Any otherinformation which you obtained 9 after June 30, 1937? 10 MR. CARNEY: Other than what he's already 11 testified to about saying that they felt fine? Do you 12 want him to repeat what he already said? 13 Q (By Mr. McCrea) I think that -- Was that 14 before or after June 1937 when you interviewed the workers 15 in the plants? 16 MR. CARNEY: Again I want to object to you're 17 characterizing as interviewing. I think he's already 18 described what he did. 19 A I saw them on almost yearly intervals. 20 Q (By Mr. McCrea) Did you obtain any 21 information after June 30th of '37? 22 A No positive information that they had any 23 complaints of libido, loss of appetite or loss of -- 24 Q They didn't come out and tell you that? 25 A No. They said they felt fine. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010455 167 1 Q And you didn't ask? 2 A No, I didn't ask them. 3 Q Doctor, I want to ask you about Renate 4 Kimbrough. Would you turn to Exhibit K-7? Who is Renate 5 Kimbrough? 6 A Renate Kimbrough is a scientist who works for 7 the United States government, she is probably the premier 8 worker in PCB's. She's been a laboratory individual, she 9 is a pathologist, she's a -- has done a great deal of work 10 in epidemiology, and in 1987 she was for the Center of 11 Environmental Health at the Centers for Disease Control of 12 the Public Health Service. 13 Q When she did her experiments on rats and 14 determined that PCB's caused liver cancer - 15 A A PCB, 1260. 16 Q Did she get that from Monsanto? 17 A Yes. 18 Q What was the chemical again? 19 A Aroclor 1260, which is a PCB chlorinated to 20 sixty percent. 21 Q When she did her studies on rats with the PCB 22 obtained from Monsanto and determined that it caused 23 cancer in the livers of the rats did you hold her in 24 regard as the premier scientist? 25 A Yes, I did. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010456 168 1 Q And did you - 2 A May I explain? 3 Q Certainly. 4 A Yes, but there's often differences of opinion 5 between scientists. 6 Q Did you find any flaws with her work in which 7 she took your PCB's from your factory and used them in an 8 experiment and produced cancer in rats? 9 A Yes. There were flaws because there's an 10 interpretation by her pathologists. Her pathologists had 11 a different viewpoint than the two independent 12 pathologists we picked. 13 Q Was she wrong? 14 A In our opinion she was, in hers she wasn't. 15 Q Did you tell her she was wrong? 16 A No. We didn't have our scientists, 17 independent pathologists look at her slides by the time, 18 at that particular time. 19 Q Was she untrustworthy? 20 A No, she wasn't untrustworthy. What leads you 21 to believe that? 22 Q I just want to know your feelings. 23 A My feeling is she's entirely trustworthy. 24 She's an excellent scientist, but scientists have 25 different opinions. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010457 169 1 Q And was the protocol which she did using your 2 PCB which produced cancer done in an appropriate protocol 3 under excellent scientific standards? 4 A I didn't investigate the protocol. I took 5 her word for it, and I accepted the fact that she's a good 6 scientist and what she did is good work. Now if her other 7 pathologists came out with a point of view that was 8 different for other pathologists, you've got to weigh both 9 of them. 10 Q Who were the pathologists who disagreed with 11 her pathologic interpretation that there was cancer? 12 A Dr. Parvis, P-a-r-v-i-s, P-o-u-r, of the 13 Eppeley, E-p-p-e-l-e-y, Institute of Cancer of the 14 University of Nebraska Medical School -- 15 Q Did he - 16 A And wait, that's one and Dr. Gordon Richter, 17 R-i-c-h-t-e-r. I think it's Gordon Richter, but it's 18 Richter of the Department of Pathology of Northwestern 19 University Medical School. 20 Q Are you knowledgeable about the trip Dr. 21 Gordon Richter took with the Monsanto personnel to 22 Washington D.C. in which he reviewed the slides of the 23 cancer in the rats and told your people that was cancer? 24 A No, sir, I'm not. When was that? 25 Q I'll be glad to furnish you a transcript of Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010458 170 1 his testimony? 2 A Fine. Would you give me the date? 3 Q I certainly will. 4 A Fine. But I'm not familiar with that, I 5 don't recall it at present. 6 Q Where is Dr. Richter now? 7 A I don't know. 8 Q But your testimony is that this individual 9 looked at the slides and said there was no cancer? 10 A No. He did not. He didn't say there was no 11 cancer. He said there were many fewer than the 186 or 12 something that Dr. Kimbrough's pathologist said. 13 Q Were you employed at Monsanto when Monsanto 14 flew him out there to look at the slides? 15 A I don't know when they flew him out. 16 Q Did you ever talk to Mr. Lavinskas about 17 that? 18 A No, I didn't. 19 Q So you're not familiar, Dr. Kelly, with his 20 review of those slides? 21 A I don't recall I've seen his review, no. 22 I've been told about his review. 23 Q Where did -- Who told you about his review? 24 A Somebody at Monsanto. I don't recall the 25 name. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010459 171 1 Q What did they tell you? 2 A They said Richter and Parvis Pour didn't find 3 as many cancers as Dr. Kimbrough's pathologists. 4 Q When did they tell you that? 5 A Sometime after 1974, between 1974 and 1980. 6 I don't know the first time I heard it. 7 Q Did Dr. Parvis, is that his name? 8 A That's right. 9 Q Publish a study on his review of the cancer 10 slides ? 11 A I don't know if he -- I have never seen it in 12 a medical journal, whether he published the report and 13 sent it to Dr. Kimbrough and sent it to Monsanto. I would 14 imagine he did but I don't recall seeing it. 15 Q Did anyone other than Dr. Parvis and Dr. 16 Richter by your testimony disagree with the results of the 17 Kimbrough studies using your PCB's? 18 MR. CARNEY: Again you're talking about the 19 rat studies? 20 MR. McCREA: Correct. 21 A I don't know. I mean, I don't know anyone 22 else. I don't know; they may have, they may not. I don't 23 know of any else. I know these two had different points 24 of view than Dr. Kimbrough's pathologists. 25 Q (By Mr. McCrea) But you've never seen Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010460 172 1 anything in writing from either one of them? 2 A Well, I may very well have. I don't recall 3 it. 4 Q Was that significant finding by Dr. Kimbrough 5 with regard to the manufacture and use of PCB's as far as 6 Monsanto was concerned? 7 MR. CARNEY: Objection to the form of the 8 question. It contained undefined terms. 9 A Would you repeat the question, please? 10 MR. McCREA: Could you reread the question, 11 please? 12 (Reporter read back from the record as directed.) 13 A Well, it certainly was a matter of concern. 14 We had a two year study and that gave negative results and 15 we had -- here was this other study that gave positive 16 results. So it was a matter of concern, yes. 17 Q (By Mr. McCrea) Your two year study was done 18 by who? 19 A By. Dr. Calandra, I.B.T. 20 Q Was he indicted for fraudulently preparing 21 reports and giving them to the United States government? 22 MR. CARNEY: With regard to the PCB study? 23 MR. McCREA: No, with regard to the work he 24 did at I.B.T. 25 A I don't know if Dr. Calandra was indicted or Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010461 173 1 not. 2 Q (By Mr. McCrea) What does it mean to be 3 indicted? 4 MR. CARNEY: I'm going to object, this is not 5 a lawyer talking but a doctor and you're asking him about 6 a technical legal term. I don't know that he's claiming 7 any expertise in the area of criminal law. 8 Q (By Mr. McCrea) Was your toxicologist, Paul 9 Wright, a participant in the I.B.T. studies, which is 10 Industrial Bio-Test, Northbrook, Illinois? 11 MR. CARNEY: I'm going to object to the form 12 of the question, mischaracterizes the record. 13 A He was not a Monsanto employee when he was 14 working at I.B.T. 15 Q (By Mr. McCrea) Did Monsanto pay his 16 attorney's fees of about a million, $400,000? 17 A I don't know that of myself. That would be 18 hearsay. I just don't know. 19 Q Have you talked to Paul Wright about the work 20 he did at Industrial Bio-Test and the laboratory studies 21 which he carried out? 22 MR. CARNEY: Are you talking about after he 23 finished his work at I.B.T.? 24 MR. McCREA: At any time. 25 A Well, I'm sure I had, when he came back it's Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010462 174 1 natural to say, "Paul, what have you been doing up there, 2 what have you been working on?" But I don't have the 3 details of it. I never received in the slightest inkling 4 that everything was not in accord with good scientific 5 methods and principles. 6 Q (By Mr. McCrea) Did you review the I.B.T. 7 studies in coming to that conclusion? 8 A Well, I read them. I had George Lavinskas 9 who was our pathologist review them. We also had the Food 10 and Drug people review them, we sent the results to the 11 Food and Drug Administration, they reviewed them. 12 Q And you determined that everything which was 13 done at I.B.T. according to the information presented to 14 you was done in a scientifically appropriate manner? 15 MR. CARNEY: Well, I'm going to object. I 16 think you're mischaracterizing by he determined. Are you 17 saying did he make an independent investigation or did 18 he -- I don't know what you mean by he determined. 19 Q (By Mr. McCrea) Let's tell the jury a little 20 bit about I.B.T. Why did Monsanto make the decision to do 21 tests at I.B.T.? 22 A Because we had used I.B.T. almost since they 23 started the laboratory. 24 Q What information did you not have that you 25 wanted when you started these studies at I.B.T.? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010463 175 1 A I don't follow you all at all. What 2 information did I want when I started the studies at 3 I.B.T.? I wanted information on the toxicity of some 4 products. I don't know which the products they were. 5 They may have been plasticizers. I don't know which our 6 first product was. We sent them products from the 7 agriculture department. We sent them products from the 8 organic division. We sent them products from the 9 inorganic division. I don't know which the first ones we 10 used. 11 Q Who made the decision to do toxicological 12 studies on PCB's at I.B.T. in 1970? 13 A I did. 14 Q What factors did you take into account in 15 making that decision to do toxicological studies of PCB's 16 at I.B.T. in 1970? 17 A Several factors, one, the reputation of the 18 laboratory, which was of the highest, it's list of 19 customers, Dow, DuPont, U.S. Army, Food and Drug 20 Department, many pharmaceutical companies. Two, our 21 experience with the individuals and the laboratory on our 22 own products that were done prior to using -- prior to 23 I.B.T. using the PCB's. 24 This was not the first one we had. We had -- I 25 can't tell you when they started but we had at least five Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010464 to eight years of experience with them. Our results were excellent, our results were accepted as gospel by the government Q Why did you feel it was necessary in 1970 for Monsanto to obtain this toxicological data from I.B.T. on PCB's? A Well, you mean from I.B.T. or from anybody? Q From I.B.T.? A Because I thought they were the best laboratory to do it Q But why did you need to do the test? A Well, that was what I was asking, the reason for the tests or the reason we had done at I.B.T. Q I think you established the reason for using I.B.T., it was reputation, their experience and excellent results. A And also their list of satisfied customers. Q Why did you feel it was necessary to run these tests? A Because there was no long term studies on I.B.T. -- I mean, on PCB's that it was showing up in the environment. It was showing up in some of the fish, sport fish and I don't know when it started showing up in milk, but there was no long term studies on it so we wanted to find out what the long term effects were. 176 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010465 177 1 Q And by long term effects, is that the same as 2 chronic effects? 3 A Yes. 4 Q You as medical director at Monsanto Company 5 made the decision to use I.B.T. because there were no long 6 term or chronic studies showing the effects of PCB? 7 A That's correct. 8 Q Who made the decision to send Paul Wright 9 from Monsanto to I.B.T.? 10 A I don't think there ever was a decision made 11 to send Paul Wright from Monsanto to I.B.T. I believe 12 Paul Wright was either recruited by I.B.T. or applied 13 himself. He was not sent by anybody as far as I know. 14 Q Who made the decision to employ Paul Wright 15 at Monsanto after he finished his work at I.B.T.? 16 A That was a decision made by the medical 17 department. I was the ultimate individual to say go or no 18 go. It was on the recommendation of our people who knew 19 Paul Wright from his days in the agricultural division. I 20 didn't know him but other people did know him. 21 I don't know if -- I think George Lavinskas was 22 with us then, and certainly Elmer Wheeler knew him from 23 going up to Calandra to I.B.T. during those two years Paul 24 was up there. 25 Q Was Paul write indicted for falsifying Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010466 178 1 toxicological studies at I.B.T.? 2 A I do not know if details of the indictment. 3 Q Was he convicted in a jury trial of 4 falsifying studies? 5 A He was convicted. I don't know of what he 6 was convicted. I don't know whether it was a jury trial 7 or a judge, I do not know. 8 Q Did he serve time in prison? 9 A That I don't know either. 10 Q When Paul Wright left Monsanto to go to 11 I.B.T. did you, and by you I mean you yourself, have an 12 understanding that when he finished at I.B.T. he would be 13 welcome back at Monsanto? 14 A No. In fact I have really no recollection of 15 when Paul went up there, because he wasn't working in the 16 medical department at that time. He was working in the 17 agricultural research department. 18 Q Dr. Kelly, do you understand that we cannot 19 take the deposition of Dr. Kelly -- or Dr. Wright, do you 20 understand that? 21 A I don't know. 22 MR. CARNEY: I'm going to object to that. 23 A I mean, I don't know anything about the legal 24 ramifications of what you can or you can't do in this 25 case. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010467 179 1 Q (By Mr. McCrea) Do you understand that he 2 takes the Fifth Amendment when asked about I.B.T., against 3 self-incrimination? 4 A I understand he has, yes. 5 Q Can you explain to the jury the reasons he 6 elected to depart from Monsanto and go to I.B.T.? 7 MR. CARNEY: Well, I'm going to object 8 because I think this would call for speculation. There's 9 been no foundation that he even had much contact with Mr. 10 Wright. 11 Q (By Mr. McCrea) Did Paul Wright tell you why 12 he wanted to leave Monsanto and go to I.B.T.? 13 A Not that I can recollect. 14 Q Did you discuss with him his departure from 15 Monsanto and new job at I.B.T.? 16 A I really don't know. I mean, he may have 17 said what kind of an outfit is I.B.T., do you know Joe 18 Calandra, or something like that; but remember he was not 19 working for me. He was in an entirely different building. 20 He was in a different division, he was in the agricultural 21 division. He was in the research department over there. 22 I doubt if I say Paul twice in my life before he went up 23 to I.B.T. 24 Q Did anyone explain to you why he left 25 Monsanto and went to I.B.T.? Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010468 180 1 A There may have been, but it didn't seem like 2 a big deal to me one way or the other. He was a man going 3 into a toxicological laboratory; I guess he wanted do some 4 work in toxicology. 5 Q Do you know that while he was at I.B.T. he 6 was involved in Monsanto's toxicological studies of the 7 long term or chronic effects of PCB's? 8 A He may. I may have known that or may not. I 9 don't know whether he was or not. I didn't -- I don't 10 know whether he was. His name may be on some of those 11 reports. I don't know. If they are on the reports 12 obviously he was. 13 Q Did you receive any updates from Paul Wright 14 while he was working at I.B.T. on the Monsanto PCB long 15 term studies? 16 MR. CARNEY: By updates are you talking about 17 anything prior to the formal report? 18 MR. McCREA: Correct. 19 A There were quarterly reports, whether they 20 were quarterly or semiannual reports sent by I.B.T. Paul 21 Wright may have been one of the signatures on those. 22 Usually there was a more senior person than Dr. Wright on 23 these reports. So Paul's name may very well have been on 24 one of those. 25 But I believe that Paul was not only working for on Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010469 181 1 Monsanto projects. He wasn't working just on PCB's. I 2 don't know how many various compounds the I.B.T. was 3 working on at that time. I don't know if Paul was in 4 charge of the acute testing, chronic testing or what kind 5 of testing. 6 Q (By Mr. McCrea) Were the studies done by 7 I.B.T. for Monsanto on the long term effects of PCB's done 8 in a scientifically appropriate manner? 9 A Yes. 10 Q Were the studies done by I.B.T. reliable? 11 A On PCB's? 12 Q On the long term effects of PCB's? 13 A Yes,they certainly were. 14 Q Were the studies trustworthy? 15 A Yes. 16 Q Were the studies accurate? 17 A Yes. 18 Q Were the studies honest? 19 A Yes. 20 Q And do you believe the United States 21 government should rely on those studies? 22 A Yes. They do. 23 Q And do you believe that the citizens of this 24 country should relay on those studies? 25 A Yes. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010470 182 1 Q Dr. Kelly, isn't it a fact that 2 representatives of Monsanto Company were highly critical 3 of the work done at I.B.T., its reliability, its veracity, 4 and its accuracy? 5 A I don't believe that's correct. I would like 6 you to show me those papers. 7 Q All right, sir. Have you seen any documents 8 that have been prepared by individuals on be half of 9 Monsanto Company which sharpy criticized the work done at 10 I.B.T., its accuracy, veracity and reliability? 11 A No, sir. 12 MR. CARNEY: I'm going to object to the 13 question. I done know what you mean by sharply 14 criticized. I assume you're talking about PCB studies? 15 A Are you talking about PCB now? 16 Q (By Mr. McCrea) Yes, sir. 17 A No, I never seen any. On PCB's? 18 Q Right. 19 A No, sir. I never seen any. 20 Q Did Monsanto ever change the wording on 21 studies prepared by I.B.T.? 22 MR. CARNEY: I object here. I think the 23 question is vague. And to be talking about the actual 24 findings ? 25 MR. McCREA: No. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010471 183 1 MR. CARNEY: Are you talking about 2 conclusions or summaries of the findings? I don't know 3 what you mean. 4 Q (By Mr. McCrea) Did Monsanto ever change the 5 conclusions on reports done by I.B.T. on toxicological 6 studies on PCB's? 7 A No. They did not change the conclusions 8 there may be some changes suggested as to how the 9 conclusions should be worded. 10 Q What do you know about that? 11 A Well, there was a question whether something 12 should be called tumorogenic or not carcinogenic. 13 Q Did you participate in that decision-making 14 process? 15 A No, I did not. 16 Q Tell us what happened in that regard. 17 A Well, I don't know. I mean, all I know is 18 what I saw during one of these depositions the last six 19 years or something. 20 Q Since you last worked at Monsanto in '74 the 21 only information you have is what you saw at a deposition? 22 A Well, I may have seen some Monsanto papers. 23 I may have been, there may have been some anecdotal 24 remarks made. I don't know if I'm having lunch out there 25 and the question comes up I may hear about it. But I've Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010472 184 1 had no reports that I have seen or discussions as to if or 2 when or why Monsanto would have wanted to do some 3 editorial comment on the reports. 4 Q Have you ever changed the wording on a 5 conclusion of a toxicological study? 6 A I can't - 7 MR. CARNEY: Are you talking about a summary 8 or a conclusion? 9 MR. McCREA: Just what the question says? 10 A Well, you said the wording. 11 Q (By Mr. McCrea) Right. 12 A Well, a person may have used a particular 13 term and I may have said this is what you want to change 14 it to, yes. I certainly also changed it on the Drinker 15 study when it came out and called chlorinated diphenyl and 16 I called him up and said, "Look, this isn't -- How do you 17 know this is a chlorinated diphenyl?" So I think I'm 18 responsible for his next paper. That not only changed the 19 study, it changed the paper. 20 Q Did the studies at I.B.T. establish that 21 PCB's were slightly tumorogenic? 22 A Yes, I don't know whether they said slightly. 23 I don't know if that was the term. They did say that at 24 some levels there were non-malignant tumors found. 25 Q And do you understand how the PCB's produced Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010473 185 1 the non-malignant tumors? 2 MR. CARNEY: Could you read that question 3 back? 4 (Reporter read back from the record as directed: 5 Q "And do you understand how the PCB's 6 produced the non-malignant tumors?") 7 A I do not believe that the secret of how 8 chemicals cause tumors is understood. It certainly isn't 9 understood by me and I don't know if by people much 10 smarter than I have written down how a particular compound 11 causes a tumor. 12 Q (By Mr. McCrea) Did Monsanto -- Strike the 13 question. Were the studies at I.B.T. peer reviewed by the 14 independent scientists? 15 A Well, if you give them to the scientists of 16 the government -- I don't really know what you mean by 17 peer review, now, Mr. McCrea. If you send a compound to a 18 laboratory they do the work and send it back to you. Do 19 they send it out to competing laboratories and say, "Hey 20 look, did we do this all right?" That's never done. 21 But we sent this data to the government, it 22 certainly was peer reviewed by the government because they 23 had the data. The sliding were peer reviewed by the 24 government, if that's what you mean. But if you think or 25 you're equating that a report you get from an independent Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010474 186 1 commercial laboratory with a paper in the New England 2 journal of medicine, they are worlds apart. 3 Q All right, sir, that's exactly what I meant. 4 A Yes. They are never peer reviewed in that 5 sense, no. 6 Q Did you know that Monsanto paid the 7 attorney's fees for Paul Wright? 8 A I don't know, myself. I've heard -- 9 MR. CARNEY: You've already asked that. 10 A -- anecdotal rumors, but I don't know. 11 Q (By Mr. McCrea) Have you talked to Paul 12 Wright since he was indicted? 13 A Yes. 14 Q Can you tell us when you talked to him and 15 what you said to him and what he said to you? 16 A Sure. 17 Q All right. 18 A I said, "Paul, there's a case down in Texas, 19 I understand you don't want to testify," and he said, "No, 20 I don't want to testify on advice of counsel." I said 21 "Okay, fine. How's everything else going?" That's the 22 extent of it. 23 Q Did he tell you why he did not want to 24 testify in a PCB case? 25 A Yeah. On advice of counsel. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010475 187 1 Q And to what did the advice of counsel relate? 2 A I didn't believe that was my business. 3 Q Why did you call him and ask him about Texas? 4 A Well, I wanted to know why he didn't want to 5 testify. 6 Q What? 7 A I wanted to know why he didn't want to 8 testify. 9 Q Is that the only reason? 10 A I think that's a -- that was a good enough 11 reason. I mean, whatever a counsel may have said, Paul 12 doesn't want to testify on the advice ofcounsel, do you 13 want to talkto him and see if you can get anyreasons? 14 Q And do you know the reason? 15 A No, I didn't inquire that much. That was his 16 business. I just wanted to be sure that he was definite 17 in his mind on the advice of counsel he didn't want to 18 testify. 19 Q Other than that conversation have you talked 20 to Paul Wright since he was indicted? 21 A No, sir. 22 Q Have you ever asked Paul if he falsified 23 data? 24 A No. 25 Q Have you ever asked - Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010476 188 1 A I didn't believe he would. 2 Q But you've never asked him? 3 A No, I never asked him. 4 Q Have you ever questioned him about the 5 accuracy of the I.B.T. studies? 6 MR. CARNEY: You know, I think this is 7 misleading in that I believe this all occurred after Dr. 8 Kelly was retired from the company and I don't know that 9 he has any right to pry into somebody's life and ask them 10 personal questions of the sort you're suggesting. I think 11 you ought to at least make it clear to the jury that Dr. 12 Kelly was no longer employeed by Monsanto, but retired, to 13 put it in context. 14 Q (By Mr. McCrea) The I.B.T. studies were done 15 from '70 to '75? 16 A If you show me the final report I'll be able 17 to -- Let's be accurate on this. 18 Q All right, sir. 19 A If you just show me the final report I could 20 give you an estimation. 21 Q Was the entire series of studies done 22 pursuant to authorization? 23 A Yes, in conjunction with the United States 24 government, the Department of Food and Drug 25 Administration. We went up there before we started these Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010477 189 1 studies. We told them where we were going to go, what we 2 were going to do and do you have any suggestions. It's 3 those big thick ones down there. 4 Q Thank you. All right, Dr. Kelly, I'll look 5 at this with Counsel. Exhibit K-71, Report to Monsanto 6 Chemical Company. Subacute Dermal Toxicity of Aroclor 7 1248? 8 A Oh, no, that isn't the one, because that only 9 takes two months to do. 10 Q That was 1963? 11 A Right. 12 MR. CARNEY: I thought you were talking about 13 the long term studies? 14 MR. McCREA: I am, excuse me. 15 (Whereupon, a discussion was held off the record.) 16 A Here it is, K-76. The final report was dated 17 November the 21st, 1971. They were probably started 18 sometime in the latter months of 1968 because to run a two 19 year testing you have got to run a range finding to be 20 sure you've got a dose that the animals can take for two 21 years, so you're fooling around with those doses until you 22 get the right dose. 23 Then after you sacrifice the animals after two 24 years you've got to fix the tissues and wait around to get 25 the pathologist to read the slides which also takes time. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010478 190 1 Then you've got to the get the report together. So it's 2 at least three years and we started these sometime in 3 1968 . 4 Q (By Mr. McCrea) Do you know if when they 5 started Paul Wright was working for I.B.T.? 6 A I don't know that. 7 Q Now were there additional studies, Dr. Kelly, 8 other than the one that ended November of '71? 9 A Well, sure they were doing some on ducks or 10 chickens, they were doing skin testing on rabbits. 11 Q Were those done pursuant to your authority or 12 someone else? 13 A No, mine. 14 Q And when did those studies end? 15 A Well, you have them there and I'll tell you. 16 Q I don't see it. 17 A Don't you have chickens there someplace? 18 It's not a big thick one. You've got a dermal, which is 19 skin on rabbits, and you've got -- I think a chicken 20 study. 21 Q I'll have to have you locate that. 22 A The dermal toxicity was finished in March of 23 1963 . 24 Q That's not what we're talking about, is it? 25 A Uh-huh. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010479 191 1 Q That's not what we're talking about? 2 A What were we talking about? 3 Q The long term studies? 4 A I thought we were off that. The long term, 5 dermal is not long term. That was started presumably in 6 1968 sometime. 7 Q And ended in '71? 8 A That's right. 9 Q Were there studies subsequent to that? 10 A I don't know when the chickens were done. We 11 had some testing done on chickens. I thought that was 12 subsequent to these. 13 Q All right. Maybe we can take some time 14 during the break and line those dates up. Dr. Kelly, if 15 an individual called you from Westinghouse Electric 16 Corporation and asked to summarize the results of the long 17 term or chronic studies what would you have told them? 18 MR. CARNEY: Well, I'm going to object 19 because I think it's overbroad as to what area. I mean, 20 they - 21 A I would have told them I will sit down and 22 make a summery of these and send it to you. 23 Q (By Mr. McCrea) You couldn't answer that 24 question - 25 A Right off the top of my head, no. We're Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010480 192 1 dealing remember with three different substances, three 2 different levels, two different species and I wanted to 3 give him the figures on all of them. 4 Q If an individual from Westinghouse Electric 5 Corporation called you in 1973 and asked you if based on 6 the studies which were done at I.B.T. if you felt there 7 was any cause of concern for the workers in the 8 Bloomington, Westinghouse plant from the long term effects 9 of PCB's what would your answer have been? 10 A Well, I'd say, "What is your exposure?" I 11 don't know how they're working with the material. 12 Q If he said that the exposure was moderate 13 what would you tell him, what advice would you give him 14 based on the studies at I.B.T.? 15 MR. CARNEY: Objection to the use of the word 16 moderate as vague? 17 A Any information I would give a worker at any 18 plant would be based on several things. It would be based 19 on the testing we did back in 1954, an analysis of air 20 test, inhalation studies for ninety days. It would be 21 based on information in the literature on PCB's in 1963. 22 I don't think there was much at that time. It would be 23 based on lack of information or the lack of any positive 24 results. 25 It would be based on my own experience, that with Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010481 193 1 our own workers, so I would take into account the PCB 2 studies at I.B.T., yes, and I would say you have a product 3 that you should avoid breathing at elevated temperatures 4 or in confined spaces, you should avoid repeated or 5 prolonged skin contact. 6 Q Based on the I.B.T. studies, you would tell 7 them that? 8 A I said based on all three. 9 MR. CARNEY: I think we've got no time 10 MR. McCREA: Break. 11 (Whereupon, a short break was taken.) 12 MR. CARNEY: I'd just like to say when 13 took this last break to change tapes we had agreed to go 14 one more tape or one more hour and now when we're ready to 15 start up Mr.McCrea has indicated he wants to quit. I 16 would be prepared to go a couple more hours and I think 17 Dr. Kelly would, too. I can understand putting some 18 reasonable time limit on it. 19 On the other hand, I think we have been going at 20 this for a long time and we were told, Mr.McCrea, when we 21 broke last time early and decided to not make a formal 22 objection to going the next day and this deposition was 23 supposed to continue until concluded, that you would 24 complete the deposition in one more day. 25 Now we're at 4:00 o'clock or it's now 4:15 on this Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010482 194 1 one more day and we're not only not complete but 2 apparently another half a day isn't going to complete the 3 deposition, and so I'm just objecting to that for the 4 record, and I guess the only other thing I'd like to at 5 least put on the record is that we are agreeable that 6 we're going to start at 7:30 and going until 11:30 7 tomorrow? 8 MR. McCREA: That's awful early to start. I 9 would agree to 8:30. I just -- I don't, 8:30 to 11:30, I 10 think, 7:30 is awful early. 11 MR. CARNEY: Well, we're only going to do -- 12 I thought we had an agreement, Mr. McCrea. We asked the 13 studio if they would come in early so they could start at 14 7:30. I thought we had an agreement. Now we're not only 15 quitting early but we in an effort to try to get this 16 done. I thought we had an agreement that we start at 17 7:30. 18 MR. McCREA: Let's make it 8:00 o'clock. If 19 we can do three full tapes tomorrow morning -- how long 20 are the tapes, an hour? 21 MR. CARNEY: Yes. 22 MR. McCREA: We can do three tapes tomorrow 23 that should take us to about 11:30. 24 MR. CARNEY: Are you going to finish? 25 MR. McCREA: I doubt it. Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010483 195 1 MR. CARNEY: Well, I -- 2 MR. McCREA: I might, but look - 3 MR. CARNEY: It seems to me and I'm not 4 trying to be difficult but we're -- This thing's getting 5 stretched out over a lengthy period, you know, we're 6 talking about trial testimony and here we have had a week 7 intermission already and we came back thinking that one 8 day would do it and I agreed to that. I'd prefer to get 9 the deposition done in consecutive days. I was prepared 10 to do that, the - 11 MR. McCREA: We're driving from Bloomington, 12 Indiana to St. Louis to do this deposition so it's no 13 picnic from our standpoint. Secondly, we've got a hundred 14 and eight documents here, none of which I had. I was not 15 given copies. I did give you copies of my exhibits, which 16 Dr. Kelly has and you have. I didn't receive copies of 17 yours and I think you get to the point of diminishing 18 returns when you extend things to a point where it's just 19 not productive, so my recommendation is we do three tapes 20 tomorrow. 21 I absolutely have got to be back in Bloomington by 22 3:00 o'clock or 3:30 or 4:00 to interview a client who has 23 a work comp hearing the next day, Thursday, and I mean I 24 have to be there. His name is a Larry Martin. So 25 that's -- I think if we can get in three tapes tomorrow Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010484 196 1 that would be productive. 2 Also on the record I need to know the cases in 3 which Dr. Kelly testified and you stated you were going to 4 ask Monsanto for those and I would like to have those 5 before tomorrow if you can get them. 6 MR. CARNEY: Well, you know, Dr. Kelly has 7 given you all of the information - 8 MR. McCREA: Well -- 9 MR. CARNEY: -- that he has on that and I 10 simply don't know whether there's any other information to 11 be had. 12 THE WITNESS: One Market Plaza, One Market 13 Plaza, that's whatever, A.D.R or something like that. 14 MR. CARNEY: Well, let's -- 15 MR. McCREA: Maybe we can go off the record 16 and figure out some of those other cases. 17 MR. CARNEY: Let me just while you're on the 18 record you made some comments about the exhibits. I 19 believe that we have had an extra copy of the exhibits in 20 the courtroom or in the studio here and you have been 21 looking at those from time to time during the three days 22 that we have had the depositions. 23 I just for the first time this morning you handed 24 me some exhibits that you intend to use. I haven't had 25 time to look at them but I don't think it's fair to say Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010485 that we have held back on exhibits and that you have given us exhibits I think you have had those exhibits in this courtroom. MR. McCREA: I'm not saying that, and I acknowledge that I think I've been through these exhibits but I just, to me, there's not much I want out of this stack, okay THE WITNESS: You talking to me now? MR. McCREA: No, I can't turn that far. But there's not much I want out of this stack, but I think if I can take this with me tonight and go through it There's just not a whole lot that I want. MR. CARNEY: I'm willing to give you my only copy of it. Appreciate your not marking the copies. MR. McCREA: I have marked them. I have marked them MR. CARNEY: Well, I appreciate since that's my only clean copy I'd like to keep those clean. They are not working copies. I have got the court reporter's exhibits, that's not -- My only other copies are those exhibits; I know you have put a quite a few marks on it already. MR. McCREA: I put a few marks on it. THE WITNESS: At what time is it tomorrow? MR. CARNEY: 8:00 o'clock tomorrow. 197 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010486 198 1 THE WITNESS: And then what's the next time? 2 MR. CARNEY: And are we agreeable that if we 3 don't conclude tomorrow you will start in the morning on 4 8:00 o'clock Friday and go to conclusion. 5 MR. McCREA: Did you check the calendar for 6 Friday? 7 (Whereupon, a discussion was held off the record.) 8 MR. McCREA: We can't do it on Thursday 9 because of your conflict? 10 MR. CARNEY: It's the doctor's conflict and 11 your conflict. 12 MR. McCREA: True, that's agreed. 13 MR. CARNEY: I'd like to just so we have - 14 If you don't conclude on Friday can we go into Saturday to 15 conclude? 16 MR. McCREA: Yes. 17 MR. CARNEY: Okay. 18 MR. McCREA: There is no way this is going 19 to go beyond Friday. 20 THE WITNESS: What time we start on Friday? 21 MR. CARNEY: 8:00 o'clock. 22 THE WITNESS: And what time tomorrow? 23 MR. CARNEY: 8:00 o'clock. 24 (Deposition continued.) 25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010487 199 1 NOTARIAL CERTIFICATE 2 State of Missouri ) 3 City of St. Louis ) 4 I, TOD MINNIGERODE, a Certified Shorthand 5 Reporter and a duly commissioned Notary Public within and 6 for the State of Missouri, do hereby certify that pursuant 7 to agreement there came before me at the offices of 8 Communitronics, 1907 S. Kingshighway, St. Louis, Missouri. 9 R. EMMET KELLY, M.D., 10 who was by me first duly sworn to testify to the truth and 11 nothing but the truth of all knowledge touching and 12 concerning the matters of controversy in this cause; that 13 the witness was thereupon examined under oath and said 14 examination was reduced to writing by me; that the 15 deposition is to be continued by agreement of all parties; 16 and that this deposition is a true and correct record of 17 the testimony given by the witness. 18 19 I further certify that I am neither attorney 20 nor counsel for nor related nor employed by any of the 21 parties to the action in which this deposition is taken; 22 further, that I am not a relative or employee of any 23 attorney or counsel employed by the parties hereto or 24 financially interested in this action. 25 26 IN WITNESS WHEREOF, I have set my hand and 27 seal on July 18, 1990. 28 My commission expires June 3, 1991. 29 30 31 Notary Public 32 33 34 35 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010488 1 COURT MEMO 2 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 3 STATE OF MISSOURI 4 5 Glenn Brown, et al, vs. Monsanto Company 6 862-00694 7 8 CERTIFICATE OF OFFICER AND 9 STATEMENT OF DEPOSITION CHARGES 10 11 DEPOSITION OF R. EMMET KELLY, M.D. 12 TAKEN ON BEHALF OF THE DEFENDANT 13 6/12/1990 14 Name and address of person or firm having custody of 15 the original transcript: 16 Mr. Thomas M. Carney 17 Husch & Eppenberger 18 190 Carondelet Plaza, Suite 600 19 St. Louis, MO 63105 20 21 22 23 24 25 200 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010489 1 ORIGINAL TRANSCRIPT TAXED IN FAVOR OF: 2 Mr. Thomas M. Carney 3 Husch & Eppenberger 4 190 Carondelet Plaza, Suite 600 5 St. Louis, MO 63105 6 Total: 7 8 Upon delivery of transcripts, the above 9 charges had not been paid. It is anticipated 10 that all charges will be paid in the normal course 11 of business. 12 GORE PERRY GATEWAY & LIPA REPORTING COMPANY 13 515 Olive Street, Suite 700 14 St. Louis, Missouri 63101 15 IN WITNESS WHEREOF, I have hereunto set 16 my hand and seal on this day of 17 Commission expires 18 19 Notary Public 20 21 22 23 24 25 201 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010490 [& - absorbed] Transcript Word Index & 1933 (cont.) 37 & 144:14 3 2:24,26 200:17 201:3,12 1935 48:14,17 59:13 68:9 72:8 1 1 104:17 144:17 154:23 155:19 100 2:24 1023 3:22 6:18 1024 6:178:159:1640:2 144:18 1025 9:2 34:15 36:3,10 1027 38:10 1030 43:8 1033 47:20 108 155:19,20 lOtwenty 17:11 21:1 40:7,25 155:22 199:28 1936 3:00 18:9,24 40:7,12 195:22 1937 3:30 40:2441:11,14 156:10,23 195:22 158:9,20 162:4,14 163:19 30 165:24 166:9,14 158:4,6,9 165:23 166:9 1939 307 156:7 157:1 163:20 157:5 1954 30th 192:19 158:20 166:21 1957 314 74:6,14 1:23 1958 35 44:11,12 40:8,11,1241:3 1960's 36 7:20 40:9 1963 37 189:10 190:23 192:21 40:1341:11 166:21 1968 38 18:2,17 85:20 189:18 190:3 40:1341:14 191:6 37:23 1970 4 7 167:4 7:30 194:6,10,14,17 70 188:15 700 201:13 71 189:5 190:8 191:7 74 183:20 75 188:15 76 189:16 8 8 49:15 50:14 52:2 72:9 8:00 194:18 197:25 198:4,21,23 8:30 194:9,9 862-00694 11:30 49:15 50:15,20 51:13 52:2 4 1:6 2:6 200:6 194:6,9,23 60:6,17,24 72:9 158:4,6 80:8,9,25 81:18 82:5 84:12 87 119 175:12,16 176:4 88:9,21 110:13 115:21 154:23,25 155:2 2:26 1971 151:11 152:1 8th 12 189:17 4:00 50:20 1:152:13 1248 189:7 1260 167:15,19 1973 192:5 1974 73:4 163:20 171:5,5 1980 193:25 195:22 4:15 193:25 400,000 173:16 90,000 73:16 9 a 12th 171:5 47402 a.d.r 82:6 1506 1:21 179 85:20 18 199:27 1987 167:10 1990 1:15 2:13 58:21,22 82:6 199:27 1991 199:28 2:27 5 515 1:21 201:13 6 6/12/1990 196:13 abdomen 12:3 32:23 34:25 abhorrent 17:21 able 56:3 145:5 157:24 158:13 186 170:11 190 200:18 201:4 1907 2:15 199:8 1918 4:19 7:19 8:2 1930's 17:19 2 2 3:21 39:16 68:17 2,4,5 12:18,25 21st 189:17 298 155:24 156:11 200:13 600 200:18 201:4 621-2571 1:23 63101 1:22 2:24 201:14 63105 200:19 201:5 188:16 abscess 6:2 13:5,6,8 abscesses 4:2 5:25 13:22 14:7 38:14 absence 23:23,24 164:17 absolutely 79:17 195:21 absorbed 1933 121:17 122:17 123:14 15:4 18:3,1826:1528:15 125:10,18 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010491 [absorption - antedated] absorption added ahead amounts 6:20 85:15,16 124:16 125:2 57:20 65:18 108:16 73:19 91:14 99:24 128:19 125:8,17,18 adding air 129:4 abstract 90:18 192:19 amplify 81:9 addition al 78:24,25 79:2,6,14 abstracted 33:22 84:12 88:8 143:23 1:4 2:4 200:5 analysis 80:14 additional alabama 192:19 abstracts 190:7 160:5 anecdotal 47:19 address alden 183:23 186:10 accepted 80:21 82:7 91:6 200:14 39:25 41:19 158:7 159:24 anemia 151:7 156:21 161:21 169:5 addressed 159:25 160:14 163:5 135:22,23,25,25 176:2 79:22 85:24 117:1 alleged animals accidently adequate 25:14 93:12 189:20,23 52:17 134:15 alleging anniston accompanied administration 26:5 43:20 44:10 154:3,8,9 10:25 49:16 59:25 61:4,12,17 allergic 160:5 166:7 accompanies 62:18 63:20 174:11 188:25 10:24 96:2,2,3,5,7 97:21 announcement 34:10 adult 145:3 63:18 64:22 65:21 67:8,20 accord 34:8 39:7 allergies 67:20,24 68:8,10,13 174:4 adulteration 95:25 97:10,12,15 139:9 announcements account 52:5 141:21 64:10 66:4 68:1,3,15,16,20 18:5,20 19:10 175:14 193:1 adverse allow 68:20 accuracy 58:6 68:24 49:2 answer 156:25 182:4,10 188:5 advice allowed 7:20 19:3,5,9,13 22:13,22 accurate 55:5 186:20,25 187:1,12,17 47:8 30:25 46:3,4 47:12 49:13 81:7 158:10,16,24,25 159:4 192:13 allowing 52:11 55:4 58:1,8,12 75:19 159:7 181:16 188:17 advisement 64:16 75:21,25 76:1,3,3,10 82:22 accurately 45:9,9 alter 83:7,13 84:9 86:5 88:25 5:13 87:18 aerolites 142:2 89:24 93:17 97:21 99:4 acid 37:12 altered 100:18,21 101:6 103:15 136:8 afraid 100:20 111:10 106:2 107:24 109:24 acknowledge 66:10 148:10 ambiguity 110:24 111:14,23 112:14 19:14 134:22 197:5 afternoon 110:14 112:23,25 113:2,4,7,8,11 acknowledged 2:14 ambiguous 113:12 114:21 116:17,19 18:1,16 19:7 age 11:23 25:3 26:21 83:11 116:21 117:11,16 118:11 acne 3:14 36:13 90:20 106:11,11 110:7 118:22 119:1,23 122:8,11 12:9 14:12,12,16,19,20,21 ago 121:20 124:13 152:16 125:3 128:3,10 132:2 14:22 34:1,5,7,7,8,10,12 41:25 78:16 164:3,6 134:14 136:17 139:14,16 38:2 39:7,8 95:2 agree amend 140:12,14,16 141:20 142:1 acneform 17:3 20:13 26:22 30:3 79:1,14 144:8,13 145:7 146:8,11,20 9:3,6 34:1 36:11 38:1,2,11 90:24 97:4 120:5 124:6 amendment 146:23 147:15 148:5,17 39:20 127:8 194:9 179:2 149:11 150:2,3,20,22 151:8 acnes agreeable america 151:16 152:22 154:19 14:13 194:5 198:2 122:1 160:6 191:23 192:9 action agreed american answered 9:14 10:23 199:21,24 3:1 21:5 84:2 193:13 195:8 118:8 123:19,21 28:19 40:5 80:2 138:14 activity 198:12 amnesia 140:5 141:5 144:9 148:21 7:22 agreement 147:5 answering actual 124:14 194:12,14,16 199:7 amoebic 91:5 103:14 111:5 8:17 182:23 199:15 145:2 answers acute agricultural amount 78:10,19,22,23 79:13 81:22 181:4 12:11 177:19 178:17 53:13,14 57:21 83:8 91:14 101:22 107:25 109:18 ad 179:20 97:1 121:8,21,22,25 122:21 164:2 159:20 agriculture 122:22,25 123:3,5,14,19,23 antedated add 48:6 69:8,10,19,20 175:7 124:5,6,7 128:6,17 135:13 75:16 76:15,16 50:1092:11,13,15 94:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010492 [anterior - bases] anterior 33:13,14,19 anticipated 201:9 antipyrine 143:11,14,24,25 anxiety 149:22 anybody 23:18 39:23 65:13 94:4 176:7 177:13 anybody's 136:5 anymore 72:7 anyplace 32:12 93:4 anyway 84:24 103:25 apart 186:2 apparent 32:22 apparently 194:2 appear 12:2,22 13:2 32:10 appearance 34:2 appeared 32:16 appetite 15:5,13 16:4,9,20 26:8,24 27:11,17 37:3 40:23,25 144:6,10,10,15,20 160:16 161:9 163:6,23 164:13,18 165:14 166:23 apples 124:4 applications 49:3 64:17 applied 177:12 apply 47:14 appreciate 80:2 110:9 152:20 197:14 197:17 approach 8:7 appropriate 82:16 169:2 174:14 181:8 approximate 73:14 approximately 3:24 april asking (cont.) attribute 49:15 50:14,20 52:2 60:6 99:21 103:16,17 106:12,16 17:17,20 157:24 158:13 60:17,24 72:9 108:14 109:9 110:8,15 159:5 arceneaux 111:22,24 126:18 127:16 authored 70:18 128:8 136:19 137:7 142:21 39:24 area 152:16,18,23 160:24 165:2 authority 32:7 132:23 133:19 134:1,2 165:5,6 173:5 176:12 190:11 173:7 191:19 asks authorization areas 44:3 188:22 10:12 12:6,8,13 13:2,4,17 aspect authorize 32:1 33:20 34:4 46:7 71:17 63:16 48:22 72:15 arms aspects authors 9:17,25 13:18 15:2 115:1 52:6 64:20 7:13 army aspirin author's 175:19 79:7,7 9:6 aroclor associate automobiles 167:19 189:6 155:17 129:17 aroclors associated available 42:21 43:1 49:2,5,6,6,9 25:24 90:17 120:14 135:20 63:25 89:19 163:21 164:10 arranged 135:23 136:4 145:20 avoid 5:10,11 associates 193:3,4 arthritis 85:24 awful 113:20 association 194:8,10 article 138:20 b 3:22 8:20 18:3,18 21:25 assume 22:1,11,20 24:4 26:7,16,24 87:9 90:7 119:24 142:15 37:8,11,1341:17 133:17 182:14 back 8:2 12:2 15:2 17:11,19 18:13,14 22:17,18 24:25 156:7 157:1,10 158:7 159:24 assuming 102:8 103:14 25 4 32-17 46-24 47 1 74:12 76:6,11 78:7,12 84:4 articles 70:17 91:21 96:9,11,14 103:23 106:20 109:2,5 assumption 46:2,13 asthma 88:6 90:5 102:19 104:13,17 115:20 117:21,22 118:14 118:16,21 129:22 135:22 128:2,14 141:14 156:10,23 88:4,22 89:10,21,23,24 ascribe 90:3,4 152:9 153:6 15322 154 11 1649 172:12 173:25 178:13 16:25 ascribed ate 84:21 86:24 88:12,23 90:3 185:3,4,18 192:19 195:7,21 197:1 20:5,12 21:5 99:23 103:18 105:23 107:4 bad ascribing 19:15 aside athlete's 94:22 atlanta 1382 143 14 balance 113:5,18 135:10 asked 22:10,19 28:12 37:5 40:5 40:18 42:5 44:13 45:1 39:25 attack 131:17 attempt bamboo 998 banned 6715 46:15 52:9,20 55:6,13 57:9 17:1743:10 barreled 57:24 58:7 59:5 63:12 attendance 11114 75:11 76:7 79:4 80:12,16 81:11 117:5,6 120:12,12 153:3,4,19 154:3,9,10,10 89:18 attention 27:6 78:11,20 108:9 based 24 22 257 68 6 82 9 84 15 88:1 89:7,11,13,15 90:13 154:11,22 155:4 179:2 attorney 96:14,14,15 97:5 102:1,1 186:9 187:22,25 188:2,3 191:16 192:5 194:12 19:14 80:19 104:16 199:19 199:23 104:21 105:18 106:20 108:6,7,8 110:19 114:15 asking attorneys 29:24 46:13 53:4 55:3 56:9 79:22 80:12 154:22 155:4 116 1 192 5 14 18 18 21 23 192:25 193:6,8 56:22 57:4,4 86:16 88:8 attorney's hacpc 89:7 96:10,13,20 97:5 83:21 173:16 186:7 67:11,11,12,13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010493 [basis - carcinogenic] basis best (cont.) blumenthal bunch 17:15 83:4 85:6 89:12 92:7 90:16 136:21 176:9 48:2,3,8,20 72:9 73:1 97:24 163:23 164:4,12 better blurred bureaucratic basket 30:1 119:9 49:23,25 52:16 beyond body burned bath 198:19 7:23 12:6 13:17 38:11 54:24 55:18 56:15 43:13,25 44:6,14 45:2,12 big 85:15 121:7,9,17 122:15 burning 45:16 46:8,21 47:3 53:15,19 54:9 135:3 145:15 123:15 124:5,7,10 125:5,22 57:2 batter 180:2 189:3 190:18 138:18,19 143:14,15 157:4 burns 52:14 bigger boil 58:24 battery 75:16 76:16 4:6,6 6:2 13:4,5,9,9 95:8,8 business 60:20 bio 151:20 34:25 64:2 65:12 69:11 bear 173:10,20 boils 72:2,6 187:2,16 201:11 20:15 biodegradable 13:2 14:4,7,25 95:6 buying beat 50:12 bone 74:4 134:7,11 biological beg 14:3 77:20 123:20 148:13 biphenyl began 43:19 57:16 135:4 12:2 biphenylenes beginning 123:8 43:9,9,10 biphenyls begins 135:9 47:20 birds behalf 50:16,24 1:142:12200:12 birds hell belief 69:1 7:18,24 9:6 bit beliefs 174:20 7:18 black believe 10:4 20:6 29:10,21 30:6 3:21 7:13,14,15,18 12:4 34:3 16:15 17:1 18:7,22 19:18 blackhead 37:1739:1641:19,21 51:16 4:5 59:10 60:1 62:6 72:6 80:8 blackheads 80:25 84:14 86:25 103:5 9:17,25 12:2,5,20 13:12 104:13 115:3 129:16 31:21 32:3,6 34:11 130:16 131:18,24 132:2 blacking 141:18 149:20,23 150:14 146:22 158:19,22 159:20 168:21 bladder 177:11 180:25 181:20,23 145:9,10,13 182:5 185:7 187:2 188:1,7 blanket 196:19 130:25 believed bleeding 7:21 8:3 145:18 believes blindness 6:13 19:19 119:20,24,25 benzene blister 5:22 134:22,25 135:3,17 30:23 156:8,25 157:25 158:14 blood 159:6,17,19 162:3,8 34:24 92:24 93:9 134:18 benzofurans 136:1 146:5 151:20 55:22 118:10 137:21 bloomington best 2:27 44:13,18 45:25 74:6 29:11 40:17 60:4 61:25 85:5,7 87:17 192:8 195:11 64:14 67:22 69:9 88:17 195:21 115:8,9,12,15 bones 115:5,7 borne 17:7 19:1620:11 22:5 bottom 6:18 15:3 43:8 54:3 59:8 94:20 bought 158:22 159:2 brain 35:24 break 4:9 19:1 30:17 32:1 39:13 39:14 78:5,6,14 95:20 98:12 115:18,19,25 128:11 154:19,20,21 191:14 193:10,11,13 breath 98:25 breathing 85:17 99:19,21 193:3 bring 78:11,19 broad 115:7 broadway 2:24 broke 193:21 bronchitis 99:15 brought 35:19 brown 1:4 2:4 200:5 building 55:14,25 56:11,13,20 57:2 57:5,23 59:2 179:19 bulletins 69:14 c cake 52:14 calandra 172:19,25 177:23 179:18 calcium 130:4 calculated 85:11 calendar 198:5 call 42:11 179:8 187:3 called 22:10,19 44:12 52:9,20 58:7 85:9 156:6 162:1,22 183:12 184:15,16 191:15 192:5 camera 38:9 canals 92:5 cancer 93:16 95:4 138:25 139:7,22 150:13 151:19 167:14,23 168:8 169:2,11,13,23,23 170:9,11 171:9 cancerous 138:8,19,22 cancers 171:3 capacitors 85:6 capture 64:3 carbon 5:6,11,12,18 32:22 49:21 carbonless 49:21 carcinogenic 183:12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010494 [careful - chlorinated] careful cases (cont.) certainly checklist 43:11 36:17 94:5 117:14 160:9 15:1 17:10 23:7 25:20 26:2 165:6,9,11 carney 161:15,16 162:5,7,19,21,25 35:18 55:25 67:3 68:1,15 cheekbones 2:23 6:23 7:6 11:11,22 196:2,16 69:10 71:3 73:2 85:2 94:3 10:2,7 31:21 17:16 18:10 20:22 25:1 cataracts 101:23 108:3 125:16 cheeks 26:20 27:14 28:6,18 29:23 129:19,24 130:1,15,16 131:18 134:24 163:18,19 10:1029:9 44:8,17 45:19 46:24 50:19 catch 168:3 170:3 172:13 177:22 chemical 53:1 54:25 55:3,10 56:4 145:1 181:13 184:14 185:8,22 5:3,7 6:20 7:14 8:18 10:18 57:1,8 66:14 68:10 72:23 categories certificate 10:22 11:7 12:1521:12 74:11,15 75:24 76:10 77:22 95:20 105:2 112:13 199:1 200:8 23:15 24:7,19 25:18,22 78:12 80:24 81:17 82:20 category certified 26:18 71:19,22 128:6 130:3 84:1,6 86:11 88:5 89:14 28:25 82:18 103:11 105:3 2:16 3:4 199:4 144:15 157:8 167:18 189:6 90:7,10 96:8,11,17 98:6 112:17,18 148:11 certify chemicals 99:20 101:4,10,14,18 102:5 cattle 199:6,19 4:21 12:10,11,11,14,19 103:9,13,23 104:3 105:21 54:19 55:9 cetera 19:21 22:12,21 23:1,13,20 106:4,15,18 107:2,16 108:1 causal 87:17 97:2 137:21 24:6,12,15 25:25 26:4,6 108:11,16,24 109:2,8 110:2 82:10,11,12,12 88:1 89:8 chain 40:7,16 45:21 79:11 82:14 110:5,12 111:1,7,12 112:10 89:12 97:6,7,7,8 104:22,23 5:18 51:3,6,18,19,20,24 88:3 89:10 97:10 110:23 112:13,16 113:10,25 114:5 104:24,25 105:13 109:7 52:3,24 116:5 128:25 161:18 115:6,11 116:12,22 117:3 110:20,20,21,21 114:16,23 chance 162:11,18 185:8 118:5,8,15 120:8 121:10,12 115:3 116:2,2,3,3 131:24 65:12 chemist 121:19,23 122:6,19,23 132:3 138:21 change 43:6 123:2,17 126:9,17,24 127:5 causally 7:22 46:8 49:9 79:1,2 111:6 chest 127:15 128:7,19 129:2,10 118:3 111:8,10,18 114:21 115:9,9 12:2 32:17 37:25 132:10,14 129:21 131:20 132:24 cause 150:19 182:20 183:4,7 132:15,19,23 133:12,16 133:5,20 134:8 135:12 1:6 2:6 9:13 11:13,16 12:5 184:13 193:13 Chicago 136:11,14,19 139:3,10,18 12:12 16:11 22:7 23:15,17 changed 47:20 141:7,22 142:13,18,24 23:18,19 68:24 106:25 7:25 104:3,5 112:2 156:21 chicken 143:8 144:2 148:19 149:1,4 107:13 134:23 157:7,24 161:20,21 184:4,14,18,19 190:19 149:9,16 152:12 154:18 158:13 159:5 185:8 192:7 changes chickens 155:6,15 160:21,25 164:1 199:12 16:1423:1777:11 98:14,16 190:10,17 191:10,11 164:20 165:3 166:10,16 caused 98:17,22 115:8,12,15 183:8 children 171:18 172:7,22 173:4,11 7:12 8:4 10:20 18:1,8,16,23 characteristics 93:3,5 173:22 174:15 178:22 22:25 23:13,19 26:3 69:1 113:1 chin 179:7 180:16 182:12,22 84:20 86:22 99:24 102:2,4 characterization 29:9 183:1 184:7 185:2 186:9 102:25 103:4,6,8 108:9 120:9 chloracne 188:6 189:12 191:18 119:3 120:17,22 121:4,25 characterized 4:148:149:21 10:1,8,15 192:15 193:9,12 194:11,21 123:25 125:15,16 134:10 87:19 11:24 12:12 13:4,13,16,19 194:24 195:1,3 196:6,9,14 134:11 137:21 150:9 characterizing 13:24 14:22 15:24 16:10 196:17 197:13,17,25 198:2 159:17 162:9 167:14,22 166:17 27:13 30:10 31:8,15,18 198:10,13,17,21,23 200:16 causes charge 33:18 34:11 36:8 37:12,17 201:2 105:19 106:1 136:6,8 60:5 181:4 39:5,6 40:23 41:1,2,6,10,12 carondelet 146:12 185:11 charges 92:2,5 99:7,10,11 120:23 200:18 201:4 causing 200:9 201:9,10 157:8 161:6 162:21,24 carried 23:20 47:11 162:24 163:3 chart 165:24 166:6 173:21 cavities 138:4 chlorinated case 136:9 check 4:15,17,19,22,25 5:1,3,13 7:7,8 8:16,17,21 9:15 16:22 center 81:2 82:16 83:17 112:1 5:14,21 6:25 7:4,9,12 12:7 30:13 31:15,20 36:12 40:1 167:10 113:23 127:13 161:23 12:24 13:21,25 18:9,24 41:12 67:7,13 79:19,23 centers 198:5 43:12,19 49:7 57:16 59:16 80:5,12 85:4 86:15,20 87:4 167:11 checked 60:12,15 61:3,13 62:20 113:16 140:3,6 144:18 certain 71:16,17 94:22 109:14 91:10,11 118:10,10 135:3 160:13 178:25 186:18,24 41:24 42:21 57:18 80:13 153:12,17 137:21 156:3,16,17,17,20 cases 100:15 128:21,22 155:10 checking 156:22,23,24 157:21,25 4:20 8:23 9:3 10:24 16:7 156:3 162:1 165:6 81:5 158:15 159:7,10,13,18,18 30:9 31:8 32:5 33:17 36:11 159:18 160:3,8 161:14,17 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010495 [chlorinated - consecutive] chlorinated (cont.) clothes 161:23 162:1,2,3,6,7,8,19 45:10,11 162:22,23 163:1,1,11,17 clothing 167:19 184:15,17 43:14 44:1,7,15 45:3,17 chlorine 46:7,8,21,22 47:3,4,7 5:5,5,196:15 11:5 coal choice 5:11 83:1 103:15 coated chronic 140:23 177:2,6 180:7 181:4 191:17 colitis Cincinnati 144:25 145:2,2,3,3,4 74:22 85:10 collar circuit 38:17,17,18,20 1:1 2:1 200:2 collection circular 32:4 32:6 colloid circumstances 130:4 45:17 colon cirrhosis 145:13 138:3,5 color citizens 42:17,21 43:1 146:2,3 181:23 colored city 32:22 1:1 2:1 199:3 200:2 colors claiming 43:5 120:16 173:6 column clarification 92:9 156:12 157:12 129:21 combination clarified 162:11 109:11 combinations clarify 162:18 30:5 combine clarity 147:22 110:11 114:14 combustion claustrophobia 59:1 150:23 comedone clean 4:3,6,6 197:18,18 comedones cleaning 3:25 13:8 14:3,25 29:10,21 77:17 30:7 31:25 32:16,22 33:6 clear 33:11,14 34:3 40:4,6,21 41:7,16 97:1 coming 123:22 124:3 188:11 61:21 129:18 174:7 clearly comma 18:3,18 82:11,11 client commenced 195:22 37:7 clients comment 117:2 120:15 43:7 45:7 100:16,18,19,22 clinical 107:18 184:3 161:5 comments close 87:16 196:18 13:8,10 79:4 147:6,23 commercial closely 61:7 67:11 186:1 161:3 commission 199:28 201:17 commissioned compound (cont.) 199:5 111:2 122:4,14 126:17 commit 128:8 156:9 164:5 185:10 49:11 185:17 committed compounds 49:1,17,22 60:24 6:20 13:21 14:1 57:17,21 common 123:4,15 181:2 4:12 14:9 16:2,18 34:7 77:5 concentrating 77:19,21,23 148:4 communication concentration 102:10 84:19 107:5 communications concentrations 96:15 103:20 communitronics concern 2:15 199:8 172:13,16 192:7 comp concerned 195:23 46:3,5 172:6 companies concerning 63:7 175:20 199:12 company conclude 1:7 2:7 28:2 36:25 41:13 198:3,14,15 50:6 59:22 61:10 65:4 concluded 70:20 71:25 73:3,7,9,15 105:13 106:7 193:23 77:6 79:21 152:4 159:2 conclusion 177:4 182:2,9 188:8 189:6 174:7 184:5,8 198:4 200:5 201:12 conclusions compare 183:2,5,7,9 27:16,18 condition compared 6:24 9:25 10:6,20 11:2,13 123:24 128:18 14:2 15:6,9 20:18 21:8,23 competing 28:8,9 33:17 38:2 42:8 185:19 43:11 46:10,22 47:5 131:14 competitive conditions 63:16 64:19 12:5,8,22 14:8 16:4 43:18 complained 44:14 46:17 59:9 87:19 15:5 144:15,20 153:20 complaining confined 20:18 193:4 complaint conflict 17:6 20:11 22:5 25:16 198:9,10,11 30:21 120:21 confronting complaints 17:14 16:8 81:20,23,24 82:2 confused 166:23 110:7 151:3 complete confusing 34:16 119:19,20 141:2 30:21 106:5 193:24 194:1,2 conjunction completely 26:1 163:2 188:23 57:19 141:3 connect composed 17:20 141:3 connection composition 24:14 93:13 108:25,25 130:3 109:3 111:22 compound consecutive 5:16 26:21 51:23,25 78:13 195:9 83:10 84:15 86:4 90:13,25 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010496 [consequence - deal] consequence 20:20 22:11,21 56:10 135:11 consequences 56:2,5,16 58:6 consider 6:19 43:15 45:15 46:9,20 47:2,6 50:17 52:2,5,7,10 127:25 160:11,15,20 considered 20:19 140:25 161:13 constipation 145:20 consult 36:22 79:21 consultation 37:7 consulted 36:20 consumed 55:8 contact 44:21 87:2 124:9 179:9 193:5 contain 135:6 contained 32:1,7,14 53:23 54:14 55:15 57:6 72:18 88:18 96:19 172:8 containing 4:2 6:7 58:17 59:11 contains 129:2 135:9 contaminant 50:11 contaminants 57:20 88:24 128:17 contaminate 52:13 contaminated 20:17 53:21 56:11 82:13 84:17 88:3,12 89:9 91:10 91:11 97:9 103:18 105:23 110:23 116:5 134:5 contaminating 50:9 contamination 11:1050:1352:10,15 contaminations 132:1 content 6:14,15 contents 57:15 context corresponded custody 188:13 15:23 200:14 continuance correspondence customer 78:9,16 48:7,9 66:7,9,17 continuation counsel customers 3:3 3:2,2 186:20,25 187:1,11 50:1 63:3 64:15 69:21 continue 187:12,17 189:5 199:20,23 175:19 176:17 57:24 58:8 90:22 193:23 counsel's cut continued 85:18 61:24 154:19 1:132:11 3:7 198:24 country cutanea 199:15 181:24 137:2 continuing counts cutaneous 133:21 136:1 15:6 contribute couple cutting 157:17 39:10 109:10 114:1 193:16 64:15 control course cyst 97:1 167:11 29:1 42:6 64:7 65:11 32:4,4,18 39:8 95:7,10,11 controversy 201:10 cysts 199:12 court 31:25 32:14 33:3 94:9 convened 1:1 2:1 48:12 75:20 76:4 97:25____________________ 3:20 80:7 82:4 197:19 200:1,2 conversation courtesy 187:19 83:22 convicted courtroom 178:3,5,6 196:20 197:3 cooked courts 91:15 107:3 143:3 cooking cover 84:21 87:13 106:21 153:12 coordination covered 112:24 152:13 154:14 copies cow 195:15,15,16 197:14,19,20 53:14 copy crash 48:22 196:19 197:14,18 59:15,17,24 60:8,16,22 corner 61:2,12,17 65:22 66:20 155:12 crea cornfeld 3:17 2:24 credence corporation 18:4,19 26:9,11 75:13 76:9 191:16 192:5 credibility correct 21:10 5:8 8:18,19 9:1,4 17:13 criminal 20:1 21:8 23:22,23 27:24 173:7 29:5 33:11,16 35:25 36:4 critical 38:1641:1846:1965:11 182:2 69:25 72:3 73:4,5 79:16,17 criticized 89:16 91:16 92:17 93:25 182:9,14 94:24 97:19 98:3 99:14,17 crop 100:10,23 103:5 106:14 53:4 113:18,19 118:13 127:2 crossing 129:23 132:5 134:23 139:5 132:14 144:16 151:15,16,25 crying 160:10 161:7 163:15 150:21 171:20 177:7 180:18 182:5 cure 199:16 111:12 d d.c. 169:22 daily 85:6 87:16 danger 58:18 data 109:6 176:5 185:21,23 187:23 date 24:23 25:8,13 42:24 49:15 50:20 74:19,19 76:14 105:18 110:12 158:4,17,24 159:8,14 170:2 dated 72:9 189:16 dates 40:8 49:13 50:21 51:17 74:13 191:14 david 2:25 day 2:14 46:21 47:3,8 62:14 74:7 92:20 193:22,24 194:1 194:2 195:8,23 201:16 days 43:19 78:15 177:19 192:20 195:9 196:21 dayton 60:9 ddt 67:8,13 68:24 deal 27:6 167:9 180:2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010497 [dealing - disintegrated] dealing 192:1 death 162:20,25 deaths 67:14 debate 87:2,17 decernber 15:4 decided 193:21 decision 65:24 174:20 175:11,15 177:5,8,10,14,16 183:13 decisions 67:10 decrease 100:14 142:12 deep 34:3,10 defendant 1:8,14 2:8,12,25 3:3,15 200:12 define 5:25 102:13 157:2 defined 108:5,20 136:22 defining 102:8 definite 68:16 132:3 151:5 187:16 definition 4:9,125:198:10 117:9 132:25 151:6 definitions 102:8 108:20 109:11 degeneration 137:23 degrees 85:13 delineation 139:12 140:17 delivery 201:8 depart 179:6 department 48:5 69:8,10,18,19 85:8 169:18 175:7,20 177:17 178:16,17 179:21 188:24 departure 60:14 179:14 depend 53:15 depending details diminishing 58:15 117:7 174:3 178:2 195:17 depends determination dioxin 4:23 5:9 9:22 10:16 11:4 97:2 123:8 13:331:5 43:1746:11 determine dioxins 47:10 52:12 56:13 57:21 22:25 23:12 86:1 87:7 55:24 70:24 158:18 88:22 127:18 157:7 diphenyl deposes determined 5:2 43:12 156:8,17,17,20 3:15 167:14,22 174:12,16,18 156:22,24,25 157:21 158:1 deposition determining 158:15 159:7,10,13,18,19 1:132:11 3:3,6 29:3 48:14 23:2 160:8 161:15,17,23 162:2,3 78:9,17 79:4,15 80:9 82:6 develop 162:6,7,23 163:1,1 184:15 82:23 83:4,19 102:19 60:11 64:5 153:9 184:17 178:19 183:21 193:22,24 developed direct 194:3 195:9,12 198:24 3:25 11:24 38:14 40:23 26:16 28:16 199:15,16,21 200:9,11 60:14 162:20 directed depositions developing 18:14 22:18 25:4 47:1 76:6 63:13 78:16 79:18 80:11,15 63:16 64:20 76:11 164:9 172:12 185:4 81:9,12,24 85:23 87:10 development directly 117:4 120:7,11 183:18 66:18 6:13 196:22 deviation director depressant 43:15 18:7,22 36:20,24 151:14 35:23 devoted 152:3 177:4 depressants 71:19 disagree 35:20 diabetes 20:13 171:16 depression 134:16 disagreed 150:15 diamonds 169:10 dermal 5:11 discarded 189:6 190:18,22 191:5 dibenzofurans 7:19 dermatergosis 19:8 91:10 discharge 39:20 dictated 131:10 dermatitis 48:24 discoloration 6:19 differ 95:17 dermatologist 123:20 discontinuing 47:24 differed 68:18 dermatologists 34:1 discovery 37:16 difference 85:3 describe 51:23 87:1 107:8,19 121:16 discuss 4:3 21:24 24:15,20 25:5,9 122:16 123:21 135:3,16 26:13,14 106:25 179:14 34:13,14 36:10 39:10 42:25 141:9 discussed 45:4 49:14 53:5 68:9 74:25 differences 33:3 39:16 41:12 138:7 75:11 76:7 42:17 127:12,18,21 128:12 discussing described 128:16,25 129:6 168:4 3:21 5:148:8 9:1629:11 37:10 different discussion 42:21 49:15 54:16 59:24 5:1,12 57:17 60:21 65:16 47:19 84:3 155:8 156:12 66:20 70:21 166:18 70:13 101:23 102:11 107:6 189:15 198:7 describes 108:3 124:11 128:9 168:11 discussions 8:1761:12 168:25 169:8 171:23 184:1 description 179:19,20 192:1,2,2 disease 9:17 29:12 146:25 difficult 6:13 117:19 130:12,13,14 descriptive 55:4 195:4 130:14,16 167:11 32:24 difficulty diseases detail 6:10 130:17 29:13 88:20 diminished disintegrated detailed 120:4 57:19 8:23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010498 [disk - employee] disk documents (cont.) drive effective 118:2,4 155:3,5,10 182:7 195:14 15:17 142:6,7 disks doing driver's effectiveness 118:4 39:22 61:25 64:14 67:21 153:15 142:3,12,23 dismissed 107:18 174:1 190:9,10 driving effects 26:7 dollars 129:9,15,17 195:11 68:25 107:1 132:13,22 disorder 73:24 dropped 143:7 156:16 157:2 161:25 147:12,16 domestic 114:19 162:10,15 176:25 177:1,2,6 disorientation 15:22 drug 180:7 181:7,12 192:8 146:21 147:9 donahue 49:16 59:25 61:4,12,16 effort disoriented 2:23 62:1863:19 143:11 174:10 71:18,1881:10 194:15 147:11 dose 174:11 175:19 188:24 eggs disposed 31:6,7 128:5 135:14 189:20 ducks 69:1 72:4 189:22 190:9 eight disputing doses due 2:13 176:1 195:14 108:1,2 125:2,2 189:21 6:13,19 9:12 10:23 15:22 eighty disseminated double 17:3 19:7 21:14 136:25 80:15 81:14 155:3 55:24 59:2 111:14 112:1 161:23 dug either distinguishes doubt 54:2 14:14,23 23:10 48:1 81:21 85:19 69:12 156:15 179:22 duly 160:1 172:1 177:12 178:9 distribution 194:25 199:5,10 elaborate 29:11 34:4 dow duplicate 86:13 disturbance 175:19 81:10 elected 136:7 dr dupont 179:6 division 3:18 7:10 16:25 17:1,5,8,10 175:19 electric 59:18,19,21 60:5 175:8,9 17:14,21 18:1,6,16,21 e 177:19 179:20,21 divisions 59:22 dizziness 146:17 doctor 7:4 8:21 17:18 20:19 21:16 23:1227:1330:631:17 32:19 38:13 39:11 42:17 44:18 47:18 75:20,25 83:7 88:8 106:2,13,19 108:7 109:6 110:17 115:18 118:5 121:6 122:3,7,13 124:15 127:11 133:7,9,11 134:22 135:15 138:8 140:7 141:4 143:17 144:6 154:11 155:9 155:17 161:12 164:2 165:5 165:21 167:3 173:5 doctors 16:13 81:23 87:8 doctor's 198:10 document 19:14,15,22,25 20:23,23 ear 21:1,5 22:2,4,24 29:7,25 30:15 35:3,5 36:6 39:15 925 earlier 41:19 42:6 43:24 44:5 45:25 47:20,22,25 48:2,7 48:16,20 57:5 59:5,12 65:3 21:14 29:3 41:4 125:25 early 43:19 193:21 194:8,10,13 67:2 69:4,15 72:25 73:3 78:7,8,15 79:17 80:11 82:3 19415 ears 83:12 84:4,11 85:3,11 86:2 86:5 87:5,13,20,25 88:14 10:11 118:23 easily 88:18,25 90:17,19 91:3 995 96:17,24 104:20 107:8,11 107:16 108:4 109:24 110:17 115:20 123:15,22 east 154:7 easy 127:19 129:7 140:20 142:21 151:11 152:22 154:22 155:7,21 157:12 161:2 163:4,4,5 169:12,16 110:16 eat 144-22 eating 169:20 170:6,12,19 171:3,7 85:18 87:1 106:9 121:4 171:13,15,15,24 172:4,19 172:25 178:18,19,19 180:22 182:1 188:7,11 189:4 190:7 191:14 193:17 141:16 eats 5314 prlitnrial 39:19 80:18,19,21 81:3,16 82:8 83:15 84:11 110:18 115:22 126:13 156:1 documented 18:3,18 19:20 26:15 documents 42:20,25 66:19 154:23 195:16 196:3,6 drink 122:24 drinker 161:20,20 184:14 drinking 124:10 184:3 ffct 8:9,9 10:21 16:11 106:25 107 13 143 15 163 18 effected 30:19 75:13,15 76:9,13 191:15 192:4 electrical 62:7 elements 5:3,7 32:8 elevated 137:10,13,15 193:3 eliminate 62:1 86:4 eliminated 65:6 elimination 6:21 7:14 143:13 elmer 177:22 else's 63:4 emmet 1:132:11 3:1382:6 157:12 157:14 199:9 200:11 emotional 67:12,15,18 emphysema 99:3 employ 177:14 employed 8:18 170:13 199:20,23 employee 173:13 199:22 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010499 [employeed - exposure] employeed epilepsy (cont.) 188:12 106:1,6,7,8 108:13 emptying episode 145:9 146:15 147:20 encouraged eppeley 50:25 169:13 ended eppenberger 190:8 191:7 2:23 200:17 201:3 endings equate 132:22 133:12,16 58:2 124:2 ends equating 34:17 123:14 133:2,5,6 185:25 engaged equipment 43:12 77:18 england equivalent 186:1 139:21 enhance error 142:4,12 143:6 104:10 156:20,24 161:22 enormously errors 58:4 79:16 enter eruption 125:5 7:12 9:4 33:25 36:12,13 entering 38:1,1,11 51:5 122:15 eruptions entire 9:7 157:23 158:12 67:4 188:21 escape entirely 49:3,12 51:1 61:25 5:1 107:6 168:23 179:19 esophagus entirety 94:1,3 125:12,18 140:1,10 66:21 especially entitled 43:11 157:20 85:3 essentially entry 26:15 59:15 85:17 121:8 123:13 establish environment 75:8 184:20 23:17 49:3,12 50:9,9,11,14 established 50:14 51:1,24 61:25 176:22 50:18 103:24 165:8,9 environmental 176:14 52:21,23 68:25 167:11 estimation environments 188:20 153:21 et enzyme 1:4 2:4 87:17 97:1 137:21 7:22 126:3 142:2,11,22 200:5 143:6,7,13 europe enzymes 4:14 7:16,17 125:22 126:1,6 evaluate 137:25 138:2 142:9 56:7 121:2 enzymologist evaluation 126:1 56:22 152:6 epidemiological eventuality 111:23 163:23 164:4,12,16 58:24 epidemiology eventually 167:10 51:22 epilepsy everybody 100:24 102:22 103:2,5,18 29:17 56:13 64:2 83:6 105:11,11,12,16,17,18,24 evidence experience 85:14 88:14,17 90:16 12:8 25:23 103:2 163:17 exact 175:21 176:1,15 192:25 51:3 experienced exactly 24:21 25:7 40:15,22 41:9 8:1 13:9 22:14 44:20 91:16 161:6 164:23 165:13 109:17,23,24,25 124:22 experiences 159:15 162:21 186:3 11:2 35:16 exaggerated experiment 89:24 90:1 71:13 168:8 examination experimental 3:16 16:24 19:11 21:22 71:13 22:3 26:17 27:5 29:1,8 experimentation 34:15,17,21,23,24 36:6,7 157:19 37:18,24 42:12 153:5 experimented 154:13 165:10,10,11 70:16 71:6 199:14 experimenting examinations 70:11 71:21 37:10,12 152:14 experiments examine 70:21 156:15 167:13 87:6,15 96:21 111:4,20 expert 154:7 46:15 143:2 examined expertise 2:12 3:14 13:11 28:21 173:7 38:12 87:5 154:6 161:3 experts 199:13 28:22 84:18 87:4 examining expires 28:4,12 152:15 164:25 199:28 201:17 example explain 31:14 11:8 29:1234:5 53:17,21 excellent 56:1,10,23 63:19 66:1,3 168:24 169:3 176:2,15 89:6 105:18 168:2 179:5,24 exception explanation 7:21 19:24 26:17 52:22 excluding explosions 11:11 131:1 85:6 87:16 excretion exposed 125:20 3:25 10:14,17 11:5,5,6 excuse 19:21 20:17 28:2 30:25 42:11 59:14 73:22 101:1 40:7,16 44:21,24 45:22 138:17 189:14 46:6 56:19 75:3,6,9,12,18 exhibit 76:8,18,20,23,25 77:8,9,10 3:21 39:16 48:13,14,17,23 77:11,12,13,16,17,25 86:21 59:13 68:9 72:8 80:8,9,25 124:9 135:8 153:22 154:3 80:25 81:18 82:5 84:12 163:10 88:9,21 110:13 115:21 exposure 144:17 151:11,12 152:1 6:25 9:7 11:3 12:6,23 13:20 155:11,16,22 167:4 189:5 13:25 17:4 18:1,8,16,23 exhibits 20:20 21:7,12 22:12,21 155:19 195:15 196:18,19 23:1 24:7,12,13 25:23,24 196:24 197:1,2,2,5,20,21 26:1,3,18 29:4 36:14,15,16 exist 44:24 45:2,4,13,23 56:21 43:3 97:5 57:22,23 82:13 84:16 88:2 existed 89:9 96:5 97:9,12 102:3,25 49:15 103:25 105:9,12 107:14 110:22 116:4 118:3 135:11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010500 [exposure - flew] exposure (cont.) facts feelings findings 141:15 147:2,2 192:10,12 45:20 46:14 55:4 56:24,25 168:22 19:12 35:4,7 69:20 147:4 extend 134:14 135:13 feels 182:24 183:2 69:6,16 195:18 factual 23:25 107:17 finds extender 46:16 85:19 fees 21:25 69:8,22 fahrenheit 173:16 186:7 fine extending 85:13 feet 3:19 8:16 22:6 37:6 40:20 29:8 failure 94:16,17,20 112:22 65:13 83:17 105:6 166:11 extensive 45:15 felt 166:25 170:2,4 186:21 58:4 157:23 158:12 fainting 22:2,11,20 23:5,9 37:6 finger extent 146:22 50:21 166:11,25 192:6 114:18 45:22 135:25 147:2 186:22 fair fever fingernails extinguish 14:24 30:19 31:3,12 39:11 97:25 143:12 98:23 85:9 86:6,10 146:5 196:25 fewer finish extra fairly 33:6,12,14 170:11 20:10 102:18 194:24 196:19 9:18 32:18 field finished extremely faith 53:6,9,25 54:3,5,23 55:8 121:10,13 122:8 173:23 69:11 81:10 62:7,8,12 177:15 178:12 190:22 extremities falsified fields fire 133:6 187:22 65:2 55:1,21 56:2,12 57:14,17 extremity falsifying fifteen 58:4,6 59:1,7 85:8,10 114:19 177:25 178:4 81:15 166:3 fires eye familiar fifth 77:13,14 85:7,9 129:14 130:2,12,13,14,16 71:9 170:4,19 179:2 firm 130:18,19,23 131:1 153:10 family fifties 2:23,26 31:25 200:14 eyelid 4:21,22,24,25 73:17 74:19 first 114:20 130:14 131:1 far fifty 3:23 7:18 9:16 19:5 20:14 eyelids 46:3,5 108:17 172:5 177:13 24:6,12 25:24 26:3 41:24 30:20 45:6 48:25 49:4,9,17 119:6 130:24 197:9 65:16 82:1,25 84:9 89:3,5 54:2 56:12 84:6 89:1 95:20 eyes farm 112:2 98:13 112:4 125:19 140:4 10:10 119:4,5 121:5 130:10 53:3,4 figure 144:18 148:11,14 155:14 131:3,6,9,10,10 farmer's 196:16 156:1,14 171:6 175:6,9,24 eyesight 52:22 53:6,24 54:3 figured 196:23 199:10 119:16,19 fast 37:6 firsthand f 56:14 122:12 face faster 9:17,25 13:18 15:2 38:11 90:23 10219 facility 7422 fat 7:22 140:23,24 141:1,3 fatigued fact 17:15 19:1920:5,1621:11 22:25 23:20,25 30:6 40:1 46:16 50:17 65:3 69:4 86:4 26:18 fatty 137:23 140:21,22,25 favor 86:7 90:17,25 120:9 140:19 201:1 142:22,25 143:1 161:21 163:4,7,8,8,9 169:5 178:14 1821 factor favorable 40:19 feature 71:3 118:19 140:17 feed factors 45:23 58:14 59:4,5 175:14 54:18 feel 17517 factory 19:22 21:19 37:11 40:20 130:20 176:4,18 168:7 feeling 28:12 37:5 40:19 168:23 figures 90:18 101:19 53:22 192:3 fish fill 176:22,23 84:9 85:2 165:7 five filled 2:1425:11 41:24 80:15 58:5 81:14 82:24 120:1 140:13 filling 175:25 77:10 78:3 84:23 87:22 fix final 189:24 188:16,19 189:16 flaking financially 34:9,9 199:24 flammable find 56:6 58:17 14:24 15:1 16:10 20:7,12 flat 20:14 22:7 24:18 59:16 17:8 61:2 68:14 109:15 119:2 flaw 132:9 133:17 141:11 147:3 102:14,15 149:25 150:9,16 168:6 flaws 171:2 176:25 168:6,9 finding flew 136:2 146:15 148:3,25 170:14,15 172:4 189:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010501 [florida - good] florida formed 71:10 55:22 57:21 fluid former 58:1865:13,14 33:2 fluids forty 55:21 64:4,5,25 65:7,10 81:12 82:1 85:23 163:16 135:5 forward flushing 18:9,24 77:12 95:15 found focus 51:2 156:21 162:5 184:24 120:22 foundation folks 179:9 37:19 four follicle 38:10 56:19 57:2 59:21 13:6 95:9 79:10 92:19 105:1,16 follicles 112:13 124:21 128:9 13:7 140:13 146:18 follow fraudulently 175:1 172:20 following frequent 78:16 82:15 114:10 152:9 146:10 food freshly 49:16 51:3,5,8,18,18,19,20 43:14 44:1,6,15 45:3,16 51:21,24 52:3,10,24 59:25 46:21 47:4 61:4,12,16,23 62:18 63:19 friday 139:9 174:9,11 175:19 198:4,6,14,19,20 188:24 friends fooling 61:20 189:21 front foot 33:15 39:17 121:4 94:22 full forced 3:23 144:19 194:19 67:8,19 68:12 fulminans forearm 14:19,19,20 33:10,18 fulminating forearms 14:21 33:5,8 functions forehead 14:3 29:8,18 fungi forenoon 94:22 2:14 furan forgetting 88:12 132:1 132:19 furans form 56:2,11,20 82:14 84:17,18 26:20 55:24 82:20 84:13,24 84:19 85:12 86:22 88:3,24 85:2,22 86:5 88:6 111:2 89:10 90:4 97:10 99:24 126:19 128:7 129:2 133:20 103:19,20 105:24 106:1,9 134:8 139:10,18 144:2 106:23 107:4,6,7 110:23 160:22 164:5 165:7 172:7 116:5 121:25 123:5,7,9,11 173:11 123:19,24,24 139:4 formal furnish 42:10 180:17 193:21 169:25 format further 82:21 83:9 84:10,22 87:21 84:12 87:5 93:12 101:21 formation 149:2 199:19,22 33:3 38:1 130:5 future glad 49:2 169:25 g gland gain 4:7 6:3,5,5 141:6,8,12,18 gained 144:9 165:23 glands 6:22 7:15 8:4 141:14 153:3 glass gait 113:1 gallons 149:12 glasses 153:11 53:23 54:7,17,22 55:7,15 gamut 28:13 glaucoma 119:14 glenn 1:4 2:4 200:5 gap 102:10 globe gastrointestinal 130:23 6:21 go gateway 201:12 8:20 23:1 24:17 30:23 57:18 65:18 80:22 82:16 gee 119:23 general 83:16,23 84:1 90:5,8 91:21 102:21 104:17 108:16 120:20 148:10 152:10 4:21 16:24 19:12 21:19,20 21:21 22:3,4 34:4,17,21,23 153:7,15 158:20 160:7 177:17,18 178:10 179:6,12 37:15 45:9 117:5,8 generally 30:19 44:9 73:25 189:1 193:13,16 196:15 197:11 198:4,14,19 god generate 42:1 159:19 goes gentlemen 47:18 george 28:13 34:8,13,14 36:17 124:20 125:10,19 151:4 going 174:8 177:21 georgia 6:23 7:6 11:22 16:13 18:10 20:25 26:20 27:14 28:6,18 17:11 39:25 getting 29:7,23 44:17 45:19 49:24 51:24 53:20 57:23 61:24 50:8 51:3,23,24 63:11 64:2 62:19 63:24 64:4 72:23 66:9 67:21 68:2,16,17 92:23 124:10 154:10 195:4 give 73:12 74:3 75:19,24 81:1 81:19 82:21 83:3 84:21 86:13 87:3,9,17 90:8 95:11 18:4,1921:1046:14,15 50:1 52:23 54:25 70:25 88:18 107:15 109:16 111:14,22 117:11 134:15 101:4 102:13 111:7 115:6 116:22 120:8 125:7 132:24 140:12 142:13,24 143:8 146:20 152:8,15 155:9 140:12 141:25 143:18 158:20 159:1 160:21 155:7 170:2 185:15 188:20 192:3,13,17 195:15 197:13 given 33:2 56:24,25 63:13 87:23 161:23 164:1,20 173:4,11 174:15 177:23 178:22 179:7 180:2 182:12 186:21 189:1,2 191:18 193:19,22 107:24 112:14 135:13 194:2,6,6,11,24 196:3 146:21 195:15 196:7 197:1 199:17 198:18 gong gives 8:22 9:2,17 128:7 136:11 good giving 61:11 82:22 172:21 3:20 16:24 21:19,20 22:4 27:4 31:6 61:20 65:12 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010502 [good - hydrocarbons] good (cont.) hand hearsay 81:10 89:6 143:14 165:22 67:6 80:19,20 82:4 122:24 173:18 169:5,6 174:4 187:10 124:9 149:3,5,8 155:17 heart gordon 193:19 199:26 201:16 34:24 131:12,17 133:19 169:16,17,21 handed 134:1,2,7,11,12 gore 196:23 heating 201:12 hands 85:4,9 gosh 94:17,25,25 101:1,2 110:18 heavier 37:22 110:24 112:4,5 114:24 103:19 gospel 117:15 heavily 176:2 hanging 88:12 gout 21:16 140:24 heavy 136:3,4,6 hangs 4:1,2,8,11 6:7 84:19 86:22 government 141:2 88:24 99:24 121:25 123:5 64:8 160:13 167:7 172:21 happen 123:19 176:3 181:21 185:16,21,22 101:9,13,14,16 103:22 held 185:24 188:24 105:2,4 84:3 107:1 155:8 189:15 great happened 197:1 198:7 10:1921:1427:6 30:16 105:7,7,24 136:1 183:16 help 167:9 happening 50:11 79:23 111:12 161:4 green 21:17 helpful 146:4 hard 80:4 ground 25:15 35:11 68:14 119:23 helps 25:2 53:12 71:15 101:21 hastened 88:19 104:11,14 114:6 116:23 90:2 hemorrhoids 149:1 hay 145:20 grounds 53:10,14,20 54:18 55:8 hepatitis 71:9 88:7 143:9 164:6 head 136:24 137:1 138:7 group 21:3 60:2 153:8 191:25 hepatoma 59:20 61:8 62:22 103:15 headache 138:9,10,13 154:13 92:19 herb groups headaches 61:20 63:15 64:18 72:9 97:1 92:18 120:17 153:8,9,10 73:1 growth heading herbert 95:19,21 156:12,14 39:24 48:2,3 guess headlights hereto 13:14 67:20 77:5 141:7 129:8 199:23 180:3 194:4 heal hereunto gullet 99:5 201:15 125:13 healing hexachlorobenzene gums 39:9 4:18 93:2,3,6 health hey n.g. A70R hahitc 89:22 h 16:25 21:20,20 22:5 48:4 52:6 56:1,5,10 80:13,13 81:8 82:24 87:13 107:14 167:11,12 hear 74:12,12 90:22 133:4 185:19 high 93:9 134:18 151:20 higher 107:5 highest 13:6,7 95:8,19,21,23 hairlinp 29:9,15,17,22 30:7 half 3:25 124:20 182:8 194:2 148:13 183:25 heard 38:25 70:9 71:12,24 72:1 136:4 150:24,25 171:6 186:8 hearing 175:18 highly 182:2 hindsight 159:21 histories 614 92:3,8,8,16,17 107:23 26:5 195:23 history 8:16,21,23 11:8,15 13:20 13:25 16:8 23:4 25:10 28:20 29:1 hit 148:10 149:19 hives 97:20,21 hold 167:23 honest 181:18 horrible 20:18 horse 53:14 hot 57:17 67:7,17 78:4 hour 124:20 193:14 194:20 hours 2:13 43:13 44:1,6,15 45:2 45:16 56:19 57:3 124:21,21 193:16 house 21:17 housekeeping 43:22 howard 60:3 how's 186:21 huh 92:12 190:25 human 52:24 157:19 hundred 53:23 54:7,17,22 55:7,15 60:21 67:14 79:10 82:25 84:9 85:12,12 120:3 195:13 hundreds 127:17 hung 165:5 hurrying 119:10 hurt 142:5 hurting 50:16 husch 2:23 200:17 201:3 hydrocarbon 4:22 5:5,14,17 hydrocarbons 12:7,24 18:9,24 156:4 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010503 [hydrocarbons - inorganic] hydrocarbons (cont.) importance 162:1 21:22 22:4 27:5 34:18,22 hydrogen important 5:5,18 27:9 83:14 104:15,15,16 hypertension 152:21 93:8,9 impression hypothesized 60:4 128:21 45:24 improbable 118:1 i.b.t. improper 172:19,24 173:9,14,23 174:6,13,20,21,22,25 175:3 175:12,16,23 176:5,7,8,13 176:15,21 177:5,9,11,12,15 86:17 112:17 improve 142:22 improvement 177:23 178:1,11,12 179:2,6 43:22,22 179:12,15,17,23,25 180:5 180:14,20 181:2,7,10 182:3 improving 15:7 182:10,21 183:5 184:20 185:13 188:5,14 190:5 impurities 42:18 163:18 192:6,14 193:2,6 idea 21:1 47:17 54:25 60:18 impurity 157:25 158:14 159:6,17 163:10,14 85:22 146:3 identical inability 126:11,12,18,18,20 31:9 122:4 identification 48:15 80:10 inaccurate 81:4 incidence identified 4:16 154:23 116:10 incident identify 48:16 ignited 91:23 134:5 137:8 145:17 incidents 85:10 114:9 55:21 57:17 iii incise 39:8 1:12 illinois incision 39:9 154:4 173:10 include illness 23:16 163:3 imagine 4:24 28:20 35:14 119:9 127:3 130:24 147:7 156:5 included 62:8 171:14 immediately 45:13 immune 162:8 includes 81:14 156:6 including 150:11 74:23 164:4 impact 49:9 implement 50:4,7 inclusive 158:23 incorporated 81:15 82:8 implemented increase 49:18,22 50:6 60:23 implications 74:1 100:14 incrimination 50:24 implying 179:3 independent 101:5 88:15 168:11,17 174:17 185:14,25 indiana information (cont.) 2:27 74:18 104:14 195:12 72:18,19,19 77:3 89:18 indians 92:10,15,21,25 93:18,19,21 4:25 93:24,25 94:8,21,23 95:16 indicate 95:24 96:3,18 97:18,24 9:24 11:3 42:18 43:4 98:1,2 99:2,16,17,25 indicated 100:11 101:3 107:24 108:7 3:22 17:22 46:1 84:18 108:8 109:20 110:25 96:18,21 102:22 106:19 111:17 112:6,9,19 113:8,23 107:19 117:6 120:13 149:2 114:7,22 115:17 116:7 193:15 126:12,14 133:25 134:3 indication 147:10 150:4,5 165:23 9:20 10:14 11:9 105:2 166:5,8,21,22 174:13,24 108:12,15 175:2,3 183:21 192:17,21 indicative 192:23 196:7,10 37:11 informed indicted 61:3 172:20,25 173:3 177:25 infrequently 186:12 187:20 153:20 indictment ingest 178:2 123:13 indigestion ingested 93:16 52:17 121:7,17 122:5,14,16 individual 123:16 125:6 128:6,17 8:25 11:1 19:20 27:8 40:1 ingesting 58:15 75:13 76:9 105:16,17 106:23 113:16 144:14 161:12 ingestion 167:8 170:8 177:17 191:15 85:15,18 105:5 108:10 192:4 114:10 130:21 131:25 individuals 139:4 144:7,22 146:15 36:8,19 37:8 41:8 51:6 150:9 151:1 59:23 74:5,18,21 165:25 ingrown 175:21 182:8 98:8 120:16 inducer inhalation 126:3 192:20 induction initially 137:25 142:2,11,22 143:6,7 10:7 143:13 initials inductions 8:25 72:17 138:1 initiated industrial 59:17,23 61:2 79:11 153:21 173:10,20 initiating industry 61:17 18:4,19 inject infected 17:23 4:6 6:8 13:5,8 14:6 92:5 injection 95:7,10,11 97:24 99:7 132:4 infinitesimal injury 123:23 26:5 150:11 inflamed inkling 131:3,9 174:3 inform inner 61:1 33:9 information inorganic 51:10 61:11 62:25 63:2,20 175:9 64:4 66:13 70:23,25 72:14 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010504 [inquire - knew] inquire 161:8 187:15 inquiries 72:10 inquiry 37:2 53:18 56:23 inside 20:23 21:2 30:7 92:5 insignificant 31:13,14,19 insomnia 147:22 instance 12:7 30:16 94:2 instances 16:18 127:17 institute 169:13 instruct 28:7 84:22 instructed 47:14 instruction 87:20 insure 58:23 intake 125:3 139:7 intend 87:6,15 196:24 interested 49:1 61:22,22 199:24 interim 78:17 interior 33:6 intermission 195:7 intermittent 134:14 interpret 96:4 interpretation 21:24 24:20 25:6 26:10 109:5,5 168:10 169:11 interrogatories 80:1 81:22 intervals 166:19 interview 40:11,1242:2,4,10,14 195:22 interviewed 40:1,6,10,1441:8,17,22 105:10,15 166:14 interviewing j jury (cont.) 166:17 jack 178:3,6 179:5 188:11 intestine 39:24 k 140:23 141:2 japan kanechlor intestines 86:23,25 101:15 121:25 91:9 131:15 140:11,21,21,25 123:25 128:18 129:1 keep introduce 131:20,22 58:19,25 59:7 64:4,7 50:25 japanese 122:11 197:18 invented 18:2,17 29:4 84:17 86:22 keeping 4:20 88:10,15,23 90:15 91:9 61:23 64:8 investigate 99:23 103:6,19 105:23,25 kelley's 169:4 106:9,22 107:3,3,10,21 123:23 investigation 114:11 118:6,7,9 119:3,13 kelly 174:17 121:24 123:4,18,24 125:11 1:132:11 3:13,187:10 17:8 involve 126:25 128:13 130:9 17:21 18:1,6,16,21 19:14 15:10 131:15,16,25 134:5 137:8 20:23,23 22:24 29:7 30:15 involved 137:20 139:4,4,8,21 141:16 36:6 39:15 43:25 44:5 7:7,15 33:1 34:5 101:20 141:16 145:17 146:16 45:25 48:2,16 57:5 59:6,12 140:18 148:24 180:6 150:9 151:1 65:3 67:2 69:4,15 72:25 involvement jaundice 73:3 78:7,8,15 79:17 80:11 10:21 11:19,25 15:1023:21 162:20,24 82:3,6 83:12 84:4,11 86:2,5 irish jenkins 87:5,14,20,25 88:14,18,25 4:24 2:24 90:17 91:3 96:18,24 104:20 iron jittery 107:8,11,16 108:4 109:24 79:9,9 148:8,11,14 110:17 115:20 123:16 irregular job 127:20 129:7 140:20 134:6,11 179:15 142:21 151:11 152:22 irritability jockstrap 154:22 155:7,21 157:12 150:1,3,7 14:5,6 161:2 163:4 170:19 178:18 irritable joe 178:19 182:1 188:8,12 150:10 179:17 189:4 190:7 191:14 193:17 irritant joint 195:16 196:3,6 199:9 8:9,10 10:20 113:22 114:2 136:8 200:11 irritated joints kelly's 130:10 131:6 150:6,7 115:25 85:3,11 90:19 irritation jones kidney 7:13 8:12,13 9:12 90:6 91:4 16:25 17:1,5,11,14 19:15 92:22,24 109:21,21 145:6,7 91:17,18,19,24 107:23 19:22,25 20:24 21:1,5 22:2 145:8 152:9 153:7 22:4 29:25 35:3,5 39:24 kill irvine 41:20 42:6 157:10 158:7 69:6,17 70:22 79:5,8,10,11 47:25 159:24,25 160:14,20 163:4 kimbrough isolated journal 167:4,5,6 171:13,17 172:4 28:23 69:12 91:22 171:12 186:2 kimbrough's italians judge 170:12 171:3,24 4:24 178:7 kind itch juggle 83:5 84:10 92:23 93:22 14:5,6 155:18 97:2 109:21 114:17 148:19 itched july 179:17 181:4 10:12 199:27 kinds itching june 100:15 10:13,18,20,25 11:2,8,8,13 1:15 2:13 82:6 158:4,6,9,20 kingshighway 11:16,19,25 30:24 31:1 165:23 166:9,14,21 199:28 2:15 199:8 item jury knees 27:8,20,23 21:24 24:20 25:5 29:12 99:8 ivy 30:2 32:9 33:7 34:6 49:4,14 knew 11:1230:17,2331:1,6,7 74:25 83:6 135:2 174:19 28:19 63:10 64:14 65:6 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010505 [knew - line] knew (cont.) know (cont.) lassitude (cont.) 72:20 75:17,17 76:17,17,24 175:4,5,9 176:23 177:13,20 36:1 37:3 160:16 161:9 77:1 163:16,19 177:18,22 177:20,21 178:2,5,6,7,9,21 163:6,23 164:12 165:14 know 178:23 179:16,17 180:5,9 lasted 4:11 5:23 7:17 8:1 10:4 180:10,11 181:2,3 182:13 112:7 116:9 12:4 13:1 14:2,21 16:21,22 183:2,10,17,17,24 184:17 lasting 19:1,18,18 20:2,3 21:2,4,7 184:22,23 185:9,16 186:6,8 92:20 21:17,1822:8 23:1225:10 186:10 187:4,7,14 188:6,8 lately 25:11,23 26:2,10 27:1,11 190:4,6 191:10 192:11 73:12 27:15,16,17 29:14 30:1 195:5 196:2,6,10 197:21 laundered 31:16 35:5 36:19 37:4 knowing 43:14 44:1,7,15 45:3,17 38:24,24 39:25 42:23 43:3 49:1 57:25 46:22 47:4 44:20,21,23,24 45:7,21 knowledge lavinskas 46:12 47:10,15,18,21,22,23 24:22 25:7,13,13 40:17 170:16 174:8 177:21 48:1,1,9 49:13,18,21 51:2,3 42:24 43:2 44:18 69:9 law 56:4 57:25 58:6,9 60:2,13 70:10 88:15 89:15,17 90:18 2:23,26 143:1 173:7 60:14,20,23,24,25 61:10,15 101:19 106:19 107:9,20 lawful 61:19,21 62:6,12,21,24 199:11 3:14 63:9,21,25 64:2,9,12 65:1,1 knowledgeable lawsuit 65:19 66:5,6,7,10 67:4 68:2 169:20 17:22,23 81:23 143:2 68:5,7,15,23 69:23 70:16 known lawyer 70:17,18 71:1,7,14,24,25 24:9,10 63:7 143:17 180:8 173:5 72:4 73:11,14,20,22 74:5 knows lawyers 74:10,17,21 75:5 76:22 28:11 29:17 159:19 30:2 77:1,7,7,22 80:1 81:4,25 koppers layman 82:21 87:3,12 88:19 89:22 72:3 4:4 89:23 91:17,19,24 92:4,5,7 1 92:7,8 93:3,15,16,21,23 94:18,21 96:1,17,20 97:23 label 79:5,8,12 98:7,15 99:6,9 100:3 101:20 103:17 104:11 106:10,21 107:23,23 108:4 laboratories 185:19 laboratory 109:13 111:8,10 112:10 113:12 114:1,6,19,21 19:11 23:24 157:18 161:4 167:8 173:20 174:23 115:11 116:23 117:12 118:17,24 119:8,11,22 175:18,21 176:10 180:3 185:18 186:1 120:6 122:9,20 123:2,3 laced 124:24 125:4,16 126:9,22 127:11,14,20 128:10,12,16 9923 10319 leading 125:13 leads 168:20 leak 54:10 leaked 54:9 leaking 55:10,11 leaks 53:12 54:20 55:15 77:11 leave 128:24 129:10,13 130:7,14 34:1 91:6 192:23,23 131:2,13 132:11 134:9,10 134:11,12,13 135:2,23,24 136:2,15,16 137:8,13 138:5 large 32:18 62:4,5,11 63:5,11 156:15 179:12 leaves 45:20 110:7 leaving 138:15,23 139:6,12,24 largest 39:3 140:16,18,22,25 141:8,9,22 166 left 142:9,25 143:2,9,15 144:11 144:12,23 145:3,11,14,16 145:19,21,25 146:4,9,12,24 147:18,25 148:1,7,16,22 larry 195:24 lass 164:13 71:25 72:5 157:11 178:10 179:24 legal 104:5 173:6 178:23 149:5,11,14,14 150:5 151:8 lassitude legitimate 152:18 153:15 159:16,16 159:19 160:1,22,25 161:22 15:5,7 16:9,20 17:1,6,25 18:2,5,8,15,17,20,23 19:16 107:25 legs 162:14 163:9,11,14,15,19 164:3,21 168:22 170:7,15 19:20 20:8,18,19 21:11,25 22:2,5,7,11,20,25 23:13,16 9:18,25 114:25 115:1 length 171:6,11,21,21,22,23,23 172:25 173:6,17,18 174:18 23:17,18,21 26:8,25 27:11 28:2,10 29:2 35:8,10,16 135:13 152:14 lengthy 195:5 lens 130:2 lessen 142:22 lethal 125:1,2 lethargy 147:17 164:17 letter 48:20 59:24 62:14,18 63:1 63:10,12 66:2 69:5 72:9,11 72:13,15,18,25 leukemia 134:20,23 135:10,20 level 57:18 levels 57:18 184:24 192:2 lib 159:20 libido 15:6,16 16:5,9,20 24:2,2,8 24:18,22 25:7,11,11,14,15 25:24 26:3,4,9,12,24 27:9 27:12,17,25 37:3 41:9,14 160:16 161:9 163:6,24 164:13,17 165:15 166:23 license 153:15 lie 30:18 life 28:22 34:8 69:6,17 179:22 188:9 lifting 145:21 lightheaded 151:5 lights 129:8,11,12,14 liked 65:13 likelihood 58:18 likewise 33:14 143:23 limbs 114:24 133:2 limit 120:23 193:18 limited 33:20 line 6:23 38:18 59:6,8 90:11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010506 [line - mccrea] line (cont.) long lungs market 144:19 191:14 4:20 10:17 46:11 54:13 6:20 34:24 125:19,21 64:3,6,23 65:9 68:22 74:3 lines 77:12 81:1 85:1 91:20 112:7 114:8 116:8 118:25 134:12 m 196:12,12 marketed lipa 201:12 liquid 143:16 148:23 150:7 176:20,24,25 177:1,5 180:7 180:14 181:7,12 189:13 1:13 2:11 3:13 39:24 82:6 199:9 200:11 71:7 marketing 59:20 61:8 65:24 66:6,8,17 32:4 list 191:3,4,5,16 192:8 193:20 194:19 13921 68:4 71:18 marketplace 24:16 80:15 81:8,25 82:16 longer 90:8 152:10 153:5,14,17,18 188:12 49:23,25 52:16 marking 154:2,17 175:18 176:17 listed 80:18 81:18 115:24 129:5 listeners look 9:10 16:17 28:8,16,23 48:21 59:14 71:1 81:19 88:21 90:5 104:20 126:13 27:2 majority 10:9 197:14 marks 197:21,23 martin 110:7 listing 128:23 129:4 141:13 168:17 170:14 184:16 27:8 195:24 material 82:23 literally 127:16 literature 185:20 189:4 195:2 196:25 looked 9:23 60:21 73:12 170:9 looking 21:15 56:23 63:18 64:10,21 65:4,22 66:4 107:18 175:15 183:13 8:3 32:5 44:22 45:11 49:19 50:8 51:25 53:13 57:19 58:17,25 64:16 68:2 77:6 78:3 114:11 192:11 24:3,5 88:10,10,16,17,22 117:4 196:21 89:16,18 90:5,14,14,15,20 looks 67:14 materials 42:1 50:3 68:4 78:9,18,18 96:19,25 97:13 99:22 6:1031:17 101:15,19 106:20,22 107:9 lose 55:15 78:20 matter 107:20 109:14 111:5,20,21 141:19 112:20 113:9,14,15,24,24 loss 184:24 185:1,6 24:19 87:3 90:15 102:23,24 123:12,18 172:13,16 114:10 116:10 117:13,24 117:24 118:18 119:2,12 121:3 126:23,25 128:23 130:8 131:15 132:8 134:4 136:2,20 138:6,24 139:13 15:5,5,13,16,17 16:4,5,9,9 16:20,20 24:2,7,18,21 25:7 25:10,14,23 26:2,4,8,8,12 26:24,24 27:11,12,16,17,25 28:2 37:3,3 40:22 41:9,14 10 4 1612 20 6 16 217 15 21:15,16,19 23:25 26:12 matters 61:7 199:12 27:2 28:12 31:16 35:6 36:3 180:2 me 3:17 mccrea 139:25 140:9,19 141:25 142:15,18,21 144:12,24 145:5,17,22 146:14 147:3 95:19,23 119:16,19,20 120:1,3 141:13 144:6,9,10 144:15,20 146:22 147:6 711 20'13 76'20 138 21 174:14 181:8 2:26,26,26 7:1,3,10 11:14 11:15 12:1 17:17,25 18:6 18:13,15,21 19:1,3 21:4 147:19 148:2,25 149:24 150:8,16 151:10 157:9 160:16,16 161:9,9 163:6,6 163:23,24 164:13,17,18 22:12,21 23:16 45:8 22:17,24 24:25 25:16 26:22 27:19,22 28:7 29:2 30:3,5 161:11 162:24 192:21 literatures 129:5 165:14 166:23,23 lost 25:1440:18,25 141:15 39 11 43 12 68 19 70 4 79:7,9 123:11 172:5 44:11,12 45:1 46:4 47:9 48:12,16 50:20,23 53:8 55:5,11,13 56:9,18 57:4,10 little 153:4 4:13 5:12 6:10 32:6 49:23 lot 59:18 62:23 70:2 57:13 66:19 68:12,24 72:24 74:14,17 75:19 76:2,19 50:2 51:23 68:14 70:13 114:18 120:21 122:12 157:18 174:19 16:14 145:21 197:12 lotion 47:15 5 21 42 22 43 6 19 59 20 59:21 64:25 77:2 157:20 77:24 78:5,7,13,15 80:7 81:6 82:3 83:12 84:2,4,25 87:25 88:25 89:17 90:9,24 liver louis 7:15 125:10,20,23 126:2,6 1:1,22 2:1,16,24 60:9 154:7 190:22 91:3 96:10,13 97:4,11 98:12 100:2 101:8,11,16,25 136:10,12,13,15,16,22,23 154:12,12 195:12 199:3,8 136:25 137:4,6,10,12,17,21 200:2,19 201:5,14 4722 102:7,12,17,21 103:10,11 103:22,24 104:7,10,13,17 138:10,12,18,22 167:14 livers lower 12:3 32:23 107:7 155:11 48:12 80:7 106:2,12,16,24 107:11,22 108:6,14,22,25 109:4,12,17 167:23 local 9:14 lubricants 49:21 lunch 48:15,17 80:10 82:4 197:15 19716 109:23 110:3,10,16 111:6,9 111:16 112:12,15,21 113:11 114:3,12 115:8,15 locate 190:21 115:19 183:24 59:3 166:6 116:14,15,25 117:10 118:11,20 120:15 121:1,11 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010507 [mccrea - naphthalenes] mccrea (cont.) means (cont.) microscope monitoring 121:14,15,22 122:3,13,22 23:21 32:3,11,14 34:7 38:8,9 75:1,6,9,12 76:8 123:1,6 124:14,15 126:11 101:6,9,12,25 102:4 108:6 microscopic monsanto 126:20 127:2,3,8,11,19,24 108:22,22 109:20 111:9 34:14 36:6,7 37:10,12,18 1:7 2:7 17:13,19,21,22 18:7 128:11,20,24 129:7,14,23 119:24 120:6 37:24 38:4 18:22 28:2 36:25 40:12 129:24 131:23 133:9,11,22 meant mid 42:20,25 46:3 49:1,11,25 133:23 134:6 135:15 22:2 29:14,25 33:7 99:20 32:17 50:5,7,25 59:17 60:11 136:13,24 139:5,9,23 100:3,8 101:23,24 102:6 middle 61:10 62:23 63:13 66:10,20 141:11,21 142:2,17,20 108:4 116:23 117:12 53:3,24 68:7 69:5,12,16,21,24 143:5,16 144:6 149:3,8,15 158:18,19 186:3 milk 70:11,21 71:11,20 72:2 149:18 152:20 154:20 measuring 96:2 176:23 73:3,7,9,15,18 75:16 76:16 155:9,20,21 160:24 161:2 136:15 million 79:21,22 80:12,16 81:13 164:7,15,22 165:8,12 medical 67:14 89:2 173:16 96:16 123:11 152:4 153:25 166:13,20 171:20,25 18:7,22 21:10 36:20,24 mind 158:23 167:16,22 169:21 172:10,17,23 173:2,8,15,24 42:8,11 74:25 75:5,9,11,15 20:24 30:12 66:8 141:10 170:13,13,24 171:13 172:6 174:6,19 179:1,11 180:18 76:8,13 82:10 84:15 86:1,6 161:20,21 187:17 173:13,15 174:20 176:5 181:6 182:16,25 183:4 88:1 89:2,7,19 90:12,14 mindset 177:4,9,11,15 178:10,13 184:9,11 185:12,17 186:11 97:6 102:2,24 104:21 22:8 63:21 179:6,12,15,25 180:14 188:14 189:14 190:4 107:12 108:7 109:6 110:19 mine 181:1,7 182:2,9,20 183:4 191:23 193:10 194:8,12,18 114:15 116:1 143:6 151:7 36:14 75:16 122:11 190:13 183:20,22 184:2 185:12 194:22,25 195:2,11 196:8 151:14 152:3,6 161:11,11 minimize 186:6 188:12 189:5 196:4 196:15 197:4,9,15,23 198:5 169:14,19 171:12 177:4,16 27:25 59:2 200:5 198:8,12,16,18 178:16 minimum monsanto's mean medically 125:1,2 46:5 180:6 4:24 13:3,3 19:25 20:2 27:1 23:2 127:25 128:4 minkler months 29:16,25 32:13 35:2 38:13 medication 60:1,3 189:9,18 40:24 41:24 46:12 48:5 142:23 minnigerode morning 52:12,15 53:5 55:2 56:5 medications 2:16 3:4 199:4 3:1839:1647:14 194:19 61:5 63:9 67:3,9,17 77:22 35:17 141:21,23 142:3,12 minute 196:23 198:3 81:12 86:15 89:2 90:1 92:2 143:21 20:10 124:20 151:15 motion 94:18,18 95:7,10 96:1,2 medicine mischaracterized 75:25 139:15 99:6,7 102:11 103:21 186:2 133:1,7 mouth 104:22,24,25 105:1,24 medicines mischaracterizes 125:13 106:6,10,11,12 109:13 35:20 173:12 move 111:8 114:2,6,19,20 115:1 members mischaracterizing 18:11 86:15 90:23 115:1 115:11 118:15 119:6,19,19 73:17 174:16 mr.mccrea 119:20 123:3,3 124:18 memo misleading 193:15,20 125:7 126:10 127:23 128:4 200:1 188:7 multiple 129:3,10,13 130:13,14,15 memory missouri 18:25 83:1,1 103:15 117:17 130:23,24 134:1,9 136:12 48:10 71:1 146:22 147:6 1:2,22 2:2,16,18 84:14 86:8 muncie 139:20 140:23 141:8,12,12 165:4 199:2,6,8 200:3 201:14 74:18 85:8,8 141:23 142:14,25 143:10 men misspelling muscle 144:4 148:7,8,9,9 149:6 38:1043:12 158:2,16 161:6 38:23 116:18,20,24 117:5,10 151:4,6,6 153:4 160:22,25 161:8 mix muscles 161:20 164:3,21 165:4 mention 52:14 114:4 133:13 148:24 166:1 171:21 173:2 174:18 138:10 153:24 155:16 176:7,21 178:11,23 179:16 mentioned 182:13 183:3,17 185:16,24 121:21,23 138:9 187:11 191:19 195:23 mentions meaning 32:15 17:6 38:1 49:20 59:19 met 81:25 131:13 158:23 87:14 meaningful metabolism 85:21 7:22 136:7 means methods 4:11,12,12 6:2 14:20,21 58:25 174:5 mixing 124:4 mo 2:24 200:19 201:5 moderate 192:12,16 modernization 43:21 modify 79:14 n name 70:19 157:13 170:25 171:7 180:10,23 195:24 200:14 namoc 6:19 36:21 47:19 60:3 63:5 naphthalene 4:15,17,19 5:1,4,13,16,21 7:9 162:9,20,22 163:2 naphthalenes 6:25 7:4,12 156:16 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010508 [narrow - opacity] narrow non object (cont.) o'clock 120:22 16:3 56:8 59:16,16 60:11 179:7 182:12,22 191:18 2:13,14 193:25 194:18 natural 60:12,15,1561:2,3,13,13 objected 195:22 197:25 198:4,21,23 174:1 62:20,20 138:8,19,22 84:7 86:1 offer navel 184:24 185:1,6 objecting 70:15 107:12,17 12:3 nonbiodegradeability 86:17 111:1 194:3 offhand nearly 71:16 objection 37:22 81:11 normal 66:14 83:21 84:7 89:14 office nebraska 14:3 201:10 90:11,21,22,25 91:2 99:20 42:14 169:14 northbrook 102:18 105:21 111:1,13 officer necessarily 173:10 115:14 116:13 118:15 200:8 13:14 15:20 northwestern 122:23 129:2 133:20,21 offices necessary 169:18 134:8 135:12 139:10,18 2:15 199:7 176:4,18 nose 141:22 144:2 149:16 oh necessitate 29:9 152:21 172:7 192:15 5:9 31:13 35:18 134:24 45:4 notarial 193:22 135:18 143:20 189:8 neck 199:1 objectionable Ohio 9:17,25 29:9 32:9,12 38:21 notary 86:14 74:23 need 2:17 3:5 199:5,31 201:19 objections oil 28:23 74:15 97:24 100:11 noticeable 84:1390:23 111:3 115:13 6:5 29:4,6 53:24 54:18 55:7 101:3 102:6 111:17 112:18 32:9,11 objective 55:16 57:6 58:5,19 59:11 113:8 114:7,22 134:3 150:4 november 16:17 30:22 82:13 84:17,19 88:2 89:9 150:5 176:11 196:2 189:17 190:8 observation 90:4 91:9,15 97:9 102:3,25 needed number 29:21 157:21 158:11 103:4,6,8 105:9 107:14 99:16 3:22 10:19 12:10 15:20 observed 108:10 110:22 116:4 negative 16:3,5 21:14 36:12 67:1 10:5 13:22 122:24,25 130:22 132:1,4 172:14 84:10 103:16,16 107:19 obsolete oils negro 115:21 123:17 155:11,16 39:23 56:6 88:24 17:8 19:17 164:22,25 obtain oily neither numbers 166:20 176:5 6:5 199:19 53:17 164:19,21 165:13,16 obtained okay nerve numbness 166:5,8 167:22 20:11 74:15 77:3 81:17 132:22 133:12,16 112:4,5,6,21 obvious 91:1792:11,1495:11 98:17 nerves numerous 17:1721:8 104:19 112:15,21 115:15 132:14 133:2,5 29:10 38:14 obviously 121:14 147:17 153:6 nervousness 148:6,8,12,15 o 13:5 63:15 162:13 180:12 186:21 197:7 198:17 occasion old neurological 34:25 35:6,6,8,10,11,13,15 8 23 25 10 3 17 6 221 157:22 158:11 occasional 105:17 olive 35:21 neurology 199:13 32:18 occasions 1:21 201:13 Oliver 35:3 neuropathy 132:13,18,22,25 133:8,12 133:15 new 70:23 179:15 186:1 night 47:14 92:24 129:9,15 nine 85:12 ninety 192:20 nomenclature 157:1 6:23 7:6 11:22 17:16 18:10 20 22 25 2 26 20 27 14 28:18 29:23 44:17 45:19 107:25 occupational 16:3,3 47:20 omentum 141:1 53:1 57:1 72:23 75:24 occur once 80:24 82:20,21 83:3,8,9 84:8,12,22 86:3 88:5,6 98:6 101 '4 21 1117 113 25 114:5 115:6 116:22 120:8 16:5,5 occurred 45:14 47:11 67:19 117:25 118:24,25,25 138:24 140:2 6:8 56:12 113:13 121:9 134:13 oncoming 129:8,11 121:12,19 122:7,9,19,19 140:19 146:25 147:1 ones 123:17 126:19 127:15 128:7 132:24 136:11 141:7 153:20 188:7 occurrence 42:6 62:21 149:6 175:9 189:3 142:13,24 152:12' 15 143:8 149:1,4 160:21 164:1,5,5 113:24 occurs 135:24 onset 16:10 164:20 165:3 166:16 173:4 173:11 174:15 178:22 58:24 opacity 130:2 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010509 [open - pcb's] open outside (cont.) parameter paul's 49:20,20 68:17 74:3 101:19 106:22 107:20 104:6 180:23 opened 126:1 pardon pay 74:7,19 overbroad 77:20 148:13 27:6 173:15 operation 117:9 149:6 191:19 parkinson's pc 69:24 oversimplifying 117:19 149:13 90:3 opinion 159:15 part pcb 9:20 10:6,13 55:16 59:3 owned 3:15 12:3 20:14 33:8,10 5:8 11:9,25 17:4 18:2,4,17 82:9,17,19 85:3 86:8 87:25 57:5 137:10 18:1944:1052:10,13,21 89:7,11 94:13 96:13 97:5 owner participant 53:20,23 54:18 55:7,16 101:12 102:1,1,23 104:21 54:15 173:9 56:6,7,8 57:6 58:6,17,24 106:13,17 107:13 109:6,16 ownership participate 59:8,10 64:2 69:11 82:13 110:19 111:24 112:20 52:24 55:17 58:8 73:15,18 84:23 183:13 84:16,17,19 88:2,23 89:9 114:15 116:1 118:1 121:6 74:2 particular 90:3 91:9 97:9 102:3 103:6 121:15 132:6 134:15 owning 8:10 12:6 32:21 56:2 60:5 105:5,9 107:14 108:10 135:19 137:22 160:1,2 52:21 57:6 65:14 107:4 116:6,11 110:22 114:11 116:4 118:3 168:4,14 opinions 7:11 87:3 106:21 107:17 168:25 opposed 7:7 56:5 121:7 122:14,16 123:13 125:6 129:1 165:4 option 86:16,17 options 74:1,4 oral 125:3 139:7 165:16 oranges 124:4 order 162:21 organic 59:20 175:8 organization 75:15 76:14 organs 125:22 126:6 original 200:15201:1 ormsby 47:20 ought 188:11 outer P 117:13,25 130:17 156:9 118:9 119:3,13 122:24,24 page 3:22,22 6:17 8:15 9:2,16 158:20 168:18 184:12 185:10 125:12,15 130:22 131:16 132:1 136:5 144:7 146:16 34:15 36:3,10 37:23 38:10 40:2 43:8 47:20 82:8,24 91:5 104:17 113:3 140:5 particularly 4:1,8 8:13 34:1 38:15 88:20 parties 150:9 153:23,24 154:1,8 156:8,9,18 159:11,14 163:14 167:15,19,21 169:2 144:18 155:24 156:11 157:5 199:15,21,23 parts 172:22 177:6 180:14 182:14,15 186:24 193:1 pages 39:10 81:1 82:23 127:17 paid 47:15 67:4 77:18 parvis 169:12 171:2,7,15 pcbs 65:4 pcb's 186 6 201 '9 10 pain passing 92:24 4:14,20 5:22 7:8,8 10:14,17 11:1,3,16,21 12:6,23 17:1 113:22 114:2 118:14,16,20 132:16 133:19 134:2,2 145:6,7,8,8 153:22 pasture 52:22 54:18 patch 19:6,8 20:17 21:7 28:3 42:17 44:25 46:6,18 47:7 48:8 49:5,6,7,8,12 51:1,5 painful 14524 30:17 path 52:3,16,24 55:21 59:19 62:1 63:8,11,23 65:6,15 paint 8ii 129:11 pathologic 68:17,18 69:5,16,22 70:8 70:11,22 71:3,10,14,14,19 paints 169:11 71:21 75:3,6,9,12,17 76:8 4920 pathologist 76:17,20 79:5 84:21 85:5 pancakes 521 167:9 170:12 174:9 189:25 85:19 86:22,25 87:8 88:12 pathologists 96:2,6 99:23 103:19,20,25 panel 87:8 paper 49:21 160:14 184:18,19 37:17 168:10,10,12,17 169:7,8,10 171:3,24 pathology 169:18 105:23,25 106:9,23 107:1,3 107:5,6 120:14,18,22 121:4 121:6,7,16,17,24 122:1,4 122:14,16,17 123:4,7,9,10 186:1 patient 123:19,20,21 124:5,7,7,8 15:4 124:10,17 125:5 126:3 33:5,8,9,18 outfit 179:17 outlined 87:23 88:7 outright 26:7 outside 11:12 19:25 20:3 21:22 27:5 35:1 44:25 94:5 160:14 182:6 183:22 paragraph 3:23 4:17 9:16 15:4 43:8 patients 38:14 pattern 59:13 144:19 157:11 160:7 16:14 111:6,8,9,18 112:2,2 163:13 paragraphs paul 173:8,19 174:1 177:8,11,12 15715 paralysis 177:14,19,23,25 178:10,15 179:11,22 180:13,20,25 114:12,17,18,20,24 181:3 186:7,11,18 187:11 187:20,22 190:5 128:17,25 130:9 134:5 137:20 139:4,8 141:16,20 145:17 151:1 154:3 156:5,6 156:7 163:17,22 164:11,23 167:8,14 168:7 171:17 172:5 175:12,15,23 176:6 176:21 180:7 181:1,7,11,12 182:17 183:6 184:21,25 185:5 192:9,21 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010510 [peculiarly - precautions] peculiarly person pigmentation poisoning 34:3 11:24 31:6 35:16 45:22 10:3,4 92:2 9:9 15:24 16:19 127:21,22 peeling 47:6 57:22,23 66:17 96:7 pills 130:8 131:15 160:9,12 94:16,18,19,25,25 105:10,11,12,15,16,22 79:9,9 161:16,17 162:9,11,16 peer 112:1 139:21 140:9 148:8,9 place poisonings 185:13,17,22,23 186:4 148:9 180:22 184:12 11:12 13:15,16 17:22 19:5 162:7 penis 200:14 45:7 50:14 56:12 139:1 pole 12:4,10,20,23 13:12,23 personal 147:11 53:6 54:2 14:4,7,25 33:1 188:10 places political pentachlorophenate personality 33:22,23,25 67:12,15,18 70:6 150:19 plaintiff polychlorinated pentachlorophenol personally 2:22 3:2 135:9 156:8 12:16,24 70:2,7 61:5 96:22 plaintiffs porphyria people personnel 1:5 2:5 79:18,23 80:12,17 137:2 5:15 8:2 21:18 26:5 28:21 89:19 96:15 169:21 81:11,21 85:25 86:20,21,24 porphyrins 28:25 30:16,25 31:1,5 person's 87:6,6,13,14,15 120:13 137:10,13 56:10 61:8 63:11 64:14,25 89:22 plaintiffs portion 66:8,18,18 79:8,11 82:1 pesticides 48:14,17 59:12 68:9 72:8 32:17,23 33:15 69:11 98:15 103:18 105:22 106:9 69:5,9,17,22 80:8,9,25 82:5 115:21 posed 106:23 112:8 114:9 125:11 petition 152:1 83:22 110:18 128:22 129:16 136:15 81:22 plant position 141:14,15,18,19 146:7 ph.d. 10:18 43:21 44:9,10,13,19 45:7 46:13 58:23 70:20 147:11 150:10 151:3 48:3 45:24 46:1,3,5 74:6,18 77:6 120:19 153:20,21,22 154:5,7,12 pharmaceutical 85:5,7,8 157:20 160:5 positive 161:25 163:9 164:22 165:7 175:20 192:8,18 9:13 148:3 163:19 166:22 165:17 169:23 174:10 phasing plants 172:15 192:23 177:18,20 185:9 63:16 64:20 87:19 166:15 positivity peppered photograph plasticizer 137:16 29:11 34:4 37:24 38:4,13 62:8 possibility peppering phrase plasticizers 103:12 142:8 156:15 32:21 10:12 97:12 145:1 49:20 62:9 65:16,16 175:5 possible percent phthalate plaza 21:13 58:5 82:11 95:22 80:16 81:14,15 89:5 120:1 62:22 196:12,13 200:18 201:4 97:7 98:5,20,24 101:6 120:3 162:8,23 167:20 phthalates please 103:7 104:23,24 108:22,23 percentage 60:19 18:12,13 22:16 76:4 91:6 110:20 111:21 116:2 16:6 68:22 112:7 163:22 physical 103:10 104:18 155:22 135:10 136:18 137:24 164:11 19:11 21:21 22:3 23:24 172:9,11 138:1 150:12 performed 27:5 29:1,7 34:17,23 plugged possibly 124:15 152:14 153:5 165:11 4:7 8:3 29:24 71:6 81:23 130:20 period physician plus posts 44:9 45:24 62:5 108:10 28:11 35:5 164:25 131:10 71:14,21 195:5 physicians pneumonia postural periods 28:4,5,16,21 94:11 149:9 146:21 150:7 picked point potential peripheral 168:12 18:4,7,19,22 50:19 52:4 60:21 102:9 105:19 132:13,17,22,25 133:8,12 picking 63:23 74:23 86:18 110:14 pour 133:15 27:7 28:24 169:7 195:17,18 171:2 perking picnic pointing pouring 54:12 195:13 17:14 51:25 52:13 permeating picture points practice 56:20 38:6 171:23 43:16,1645:18 perry piece poisen practitioner 201:12 141:1 11:12 107:12 persistent pieces poison precautions 59:1660:11,1561:2,13 140:24 30:17,23 31:1,6,7 45:5 62:20 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010511 [precipitation - put] precipitation primary process (cont.) proven (cont.) 136:8 137:17,21 138:12 183:14 97:8 99:12 100:25 101:6,9 precise principles produce 101:12,24 104:25 105:1 159:22 174:5 12:19 85:12,15 125:22 110:21 113:21 114:13 precisely print 126:6 116:3 119:6 130:21 131:8 160:1 8:16 produced 131:19 139:7 142:11,14,15 predisposed prior 2:12 3:14 128:5 168:8 142:19,21,25 143:1,3,5,9 150:13 175:22,22 180:17 169:2 184:25 185:6 146:6 prefer prison producers provide 83:23,24 195:8 178:8 63:11 82:17 premier probability product provision 167:7,24 82:10 84:15 86:7 88:1 89:2 60:12 63:3,4 67:13,22 158:25 prepare 89:8 90:12 97:3,6 102:2,24 175:6 193:2 pry 79:23 104:21 110:19 114:16 productive 188:9 prepared 116:1 195:19 196:1 psychological 182:8,21 193:16 195:9 probable products 15:12,21 16:6 21:1435:12 preparing 82:11 97:7 101:6 104:24,25 59:1,16 60:16,21 61:3,14 35:22 172:20 110:21 111:21 116:3 62:20 63:6,8 175:4,4,6,7,8 public preponderance probably 175:22 2:17 3:5 48:4 67:25 167:12 141:17 24:6 62:21 67:14 72:13 profuse 199:5,31 201:19 presence 79:10 81:20 82:23 85:1 97:22 publications 19:8 52:3,15 164:17 88:20 91:21 129:19 130:20 program 69:15 present 158:8 159:21 160:2,2 167:7 49:2,11,14,18,19,19 50:4,7 publicity 10:7 25:13 34:11 42:7 60:3 189:17 50:25 59:15,17,24 60:8,17 67:7,18 63:17 64:21 71:2 137:14 problem 60:22,25 61:2,13,17 65:22 publish 144:5 170:5 9:11 27:3 52:3,4,5,7,10,16 66:20 67:4 75:1,6,12 76:8 42:20 171:9 presented 52:18,19 54:13,14 58:16 projects published 174:13 81:8 92:8,8,16 98:7 99:24 181:1 42:25 171:12 preservative 102:7 103:13 106:5,17,18 prolonged puffy 70:22 108:9 120:14,14,16 122:11 193:5 131:3,9 preservatives 124:1 129:12 137:4,6 prominent pulling 70:5 problems 24:19 26:5 30:12 47:24 50:2 preserving 13:23 21:1547:11 80:13 71:3 117:14 118:19 145:22 pumps 72:2 81:18 82:24 84:20 86:20,23 145:25 146:14 147:4,19 77:11,11 president 87:7,13,22 88:11,16 90:16 148:16 149:20,23 150:17 purine 60:5 92:3,17,22,23 93:14,20,22 prone 136:7 pressure 94:7 98:4,10,15,18 99:19 97:12,14 purple 34:25 93:10 151:20 99:21 100:4,9 107:14,23 pronounce 146:4 presumably 109:21,21 112:24 113:5,18 39:20 purpose 16:13 79:15 130:4 191:5 115:5,6 117:21,22,25 118:2 proof 47:16 presume 118:4 119:4,5,7,9,11 105:25 purposes 7:1 118:4 134:2 139:20 120:15,20 121:25 123:25 proposing 85:3 pretty 126:8,10 129:8,11 131:12 81:2 pursuant 3:20 8:6 13:8 14:20 25:15 136:10,12,22 137:11,12,18 prostate 188:22 190:11 199:6 27:4 30:3 54:9 147:6,23 138:10 139:17,25 140:11 94:7 pus prevent 140:20 145:10,13,13,13,14 protection 4:2 6:7,8 32:1,5,7,15 39:8 49:12 50:25 145:15 147:14,16 152:5 70:12 pustular prevented 153:10 154:10 protocol 32:8,13 49:4 proceed 75:8 169:1,2,4 pustules prevention 86:13 prove 13:7 43:10 proceeded 25:15 95:5 put previous 22:7 proved 8:11 21:2 26:11 38:8,8,8 32:15 proceeding 143:1,1 79:5,8,12 91:15,24 94:17 previously 84:8 proven 95:11 112:11,16 188:13 89:23 141:5 143:12 150:10 process 82:12 92:1,6 93:5,13 94:6 194:5 197:21,23 5:22 33:2 39:10 42:22 94:10,12,15,16 95:3,7,13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010512 [putting - relate] putting quicker read (cont.) recommendation 71:15 135:10 193:17 122:7 24:25 25:4 26:24 36:14 45:1069:7,10 177:18 q quit 37:8 38:15 41:17 43:9 195:19 qualified 193:15 46:2447:1 51:15 74:11,15 record 106:25 107:12,15 quarterly quite 27:4 50:22 157:18 197:21 76:6,10,11 78:12 88:6 99:22 104:7 105:8 108:7 18:14 22:18 25:2,4 39:19 40:4,21 41:7,16 47:1 76:6 180:19,20 quitting 113:9,14 126:11,13,18,19 76:11 78:8 80:25 81:17 quaterphenyls 91:11 123:8,10 question 194:15 quoted 69:19____________________ 126:21 157:9,10,11,15 158:6 159:23 164:9 172:12 174:8 185:2,4 189:25 83:16,18,23,24 84:1,3,5 90:15 114:15 115:20 123:22 124:2 126:24 155:8 11:23 17:16 18:12,25 19:9 23:15 25:2 26:21 30:25 45:20 46:24 53:1,2 55:14 57:8,11,12 65:20 71:16 rabbits 190:10,19 race r reading 6:10 30:2 126:8,10 ready 39:15 193:14 155:18 164:9,24 165:2,4,18 172:12 173:12 185:4 189:15 194:4,5 196:2,15,18 198:7 199:16 74:12 75:21,22 76:1,5 36:13 realize records 78:12,13,22 80:21 82:7,9 racist 82:21 83:9,15,22 84:13,16 17:9,15,18 19:1520:13 4:13 19:7 really 157:16 recruited 86:4,6 88:6,7,9 89:6 90:11 22:8 90:13,1391:1,5 93:17 radiation 9:22 51:18 64:24 87:3 177:12 93:17 111:22 113:4 178:14 rectal 97:14 98:11 100:3 102:9,14 36:4 103:14 104:4,7,18 105:8 ramifications 108:15 110:18 111:2,5 178:24 179:16 185:16 realm 20:1,3 145:18 red 8:11 67:7,17 146:4 120:12 121:20 124:8,12 range 125:3,21 126:17 127:5,19 189:19 realty 102:19 redness 30:24 34:9 91:19 131:10 127:20 128:8,9 132:17 ranging 133:15 135:16 138:17 12:10 139:14 144:13 147:9 151:8 rapid reason 20:7 21:5 85:4 176:12,13 176:14 187:9,11,14 reduced 199:14 reduction 152:3,7,16,18 160:22 161:1 134:6 161:1 164:2,2,8,14 165:12 rapidity reasonable 193:18 143:12 refer 172:8,9,10 173:12 182:13 182:23 183:11,25 184:9 185:2,13 191:24 134:12 rare 14:24 15:1 reasons 15:21 16:6 66:10 67:16 91:1 179:5 187:13 5:16 67:20 155:11 reference 39:2 72:13 questioned 188:4 rash 38:2 recall 14:17 26:17 37:4 48:7 referenced 47:19 questioning 6:24 90:11 rashes 91:25 92:1 152:10 62:10 63:14 66:24 69:3,13 referred 69:15 71:2,7,17,20 94:2 13:6 14:22 35:3 43:18,20 questionnaire rat 115:24 117:3 125:4 129:17 68:8 73:25 156:9 82:22 83:5 84:23 86:13 87:22,23 127:10 questions 171:19 rate 87:20 124:16,18 137:20 138:20 140:6 referring 143:19 144:5 149:21 6:1545:2551:1762:17 150:18 170:5,21,24 171:14 69:18 115:21 156:24 161:5 3:17 7:20 28:14,20,25 55:3 79:22,24 80:4,13,16 81:11 81:14 82:25 83:1,2 84:9 85:24 86:2,16 87:11,21 rats 167:13,21,23 168:8 169:23 raw 50:3 172:2 receded 166:6 receive refers 4:18 14:22 156:22,23 refresh 48:1071:1 89:25 101:5,21 102:7,15 reach 72:10 80:20 180:13 195:16 regard 103:15 108:2,17,19,20 57:18 149:12 109:8 110:6,11,13,14 reached 111:23 117:1,4,8 128:9 63:23 138:11 152:8,10,13 153:14 react received 163:5 174:3 recognize 63:16 64:19 70:19 87:16 106:22 107:3,21 167:24 172:5,22,23 183:16 regarding 48:8 79:22 80:13 153:17 155:10 165:2,6 31:2,6,7 recollect region 188:10 question's reaction 85:16 97:21 88:9,13 96:24 99:22 137:14 145:8 179:13 reiterate 83:10 86:9 90:20 106:5 115:12 122:2 126:10 reactions 10:24 158:1,16 recollection 84:7 60:4 88:19 90:19 136:22 relate 141:23 149:6 164:5 read 178:14 78:18 86:19 187:1 18:13,1422:10,16,17,18,20 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010513 [related - runs] related report responsible richter 12:7,24 21:4 29:4 87:8 8:15 9:15 24:21 25:6,22 184:18 169:16,17,18,21 170:6 103:25 118:3 199:20 28:15 94:4 105:11 144:18 restrict 171:2,16 relates 160:11,13,13,15,16,20,23 154:1 ricksha 7:3 84:16 161:10,12,13 163:5 171:12 restricted 148:10 149:19 relating 180:17 185:25 188:16,19 101:17 riddled 58:16 189:5,16 190:1 result 110:14 relation reported 9:7,8 11:19 12:23 14:3,11 right 109:7 14:15,18 24:3,5,12 30:9,14 14:15,18 16:1921:11 24:7 4:169:15 11:14 12:17 relationship 38:11 39:4,6,7,7 40:1 47:11 24:12,13 26:19 35:17 36:1 22:15 24:22 25:8 27:10 53:13 82:10,11,12,12 88:2 112:8 131:11 137:8 138:6 42:2 105:5,8 141:15,19 28:1 34:13,1948:11 51:19 89:8,12 97:6,7,8,8 104:22 138:16 143:19,20 151:24 resultant 53:6 54:6,8 58:21 64:11 104:23,24,25 105:14 160:9 161:16,17,19,19,24 4:1 5:25 66:9,22 79:1,3 81:7 82:3 106:25 107:13 110:20,20 162:12,13,24,25 163:2 resulted 84:2 87:12 89:21 90:6 110:21,22 114:16,23 115:4 165:18 130:21 139:7 91:13,25 92:13 93:11 94:15 116:2,2,3,4 131:25 132:3,7 reporter resulting 95:12 99:18 100:7 102:22 133:18 147:1 2:17 3:5 18:14 22:18 25:4 14:2 162:10 103:3 105:6,9 106:13 relative 47:1 48:12 75:21 76:4,6,11 results 109:19,24 111:16 113:17 56:7 199:22 80:7 82:4 164:7,9 172:12 171:16 172:14,16 174:10 114:12 115:2 124:19 relay 185:4 199:5 176:1,2,16 191:16 192:24 128:20 132:17 133:21 181:24 reporter's resume 135:5,19 140:15 146:19,23 relevance 197:19 39:15 147:24 151:22 154:1 155:4 61:18,19 reporting retain 155:12,20 156:11 157:14 relevancy 1:20 201:12 64:5,22 126:12,13,19,20 158:3 159:25 166:2,4 171:8 7:7 reports retired 182:7,18 184:11 185:20 reliability 25:22 113:16 161:9,11 73:3,6 188:8,12 186:3,17 188:9,18 189:4,11 182:3,10 172:21 180:11,11,19,20,23 returns 189:22 191:8,13,25 reliable 183:5 184:1,3 195:18 ring 181:10 represent revealed 5:16 relied 74:7 80:14 81:13 21:22 22:3 34:18,21 ringing 26:16 representatives reverses 118:23 rely 182:2 157:1 risk 181:21 represented review 46:17 50:14 51:6,7,11 remarks 2:22,25 97:13 99:1 112:19 116:9,9 53:11 54:15,20,21 55:16,18 183:24 reproduction 117:13,23 118:18 119:2,12 55:19,25 56:7,14,16,17 remember 50:16,24 121:3 126:23 128:2,14 57:20,21 58:3,5 59:3,7,8,10 16:16 17:10 23:15 37:22 repugnant 130:8 131:14 132:8 133:17 risks 60:3 75:14 76:12 125:9 17:24 133:24 134:4 136:1 138:24 52:21,23,23 57:6,14,25 126:15 154:5 156:19 reputation 139:13,25 140:9,18 141:25 robert 179:18 192:1 47:23 175:17 176:15 144:12,23 145:4,16 146:14 70:18 reminding require 147:3,19 148:2,24 149:24 room 122:11 45:2 150:8,16 151:9 155:21 151:4 remover reread 170:20,21,22,23 171:9 route 8:11 75:21 76:4 164:7 172:10 174:6,9,10 185:17 85:16 121:8 123:13 renate research reviewed rudimentary 167:3,4,6 59:19 60:7,25 62:25 63:2,9 78:10,18 79:18 169:22 8:6 repair 178:17 179:21 174:11 185:13,22,23 186:4 rug 74:22 respect reviewing 50:2 repeat 72:8 165:24 114:10 145:22 rules 24:24 140:4 166:12 172:9 respond rheumatism 104:12,15 repeated 83:23 87:21 116:16 rumors 46:11,12 193:4 response ribs 186:10 repeating 40:19 82:17 128:6 132:16 run 111:19 responsibilities rice 58:3,5 176:18 189:18,19 replace 66:6 51:25 91:15 96:3 runs 59:6 93:15 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010514 [sacrifice - silicones] s school selling sexual sacrifice 169:14,19 49:19 15:17 189:23 science semi shaking safe 50:18 143:6 32:5 101:1,2 110:17,23 149:13 30:19 46:17 55:6,12 scientific semiannual sharply sake 51:1067:11 169:3 174:4 180:20 182:13 119:10 scientifically seminars sharpy sale 127:25 128:5 174:14 181:8 89:18 96:15 182:9 68:19 70:15 scientist send sheet sales 167:6,24 168:24 169:6 73:1 177:8,11 185:17,18,19 102:22 59:19 63:17 64:20,22 67:21 scientists 191:22 short 68:4 71:18 168:5,16,24 185:14,15 senior 8:22 12:1 39:14 78:6 salt sclerosis 180:22 154:21 193:11 70:7 117:17 sense shorthand samples scraping 5:15 20:4 77:5,19,21,23 2:17 3:4,4 199:4 36:7 99:8 100:20 158:23 186:5 shortly sat scratch sensitivity 45:13 85:22 152:6 14:6 100:14 129:14 shortness satisfied scrotum sent 98:25 176:17 12:4,9,20,23 13:12,22 14:4 171:13,13 174:10 175:6,7,8 shot satisfy 14:7,25 33:1 177:13 180:20 185:21 31:25 32:16 110:10 seal sentence shoulder saturated 199:27 201:16 5:24 6:9 15:3 16:23,25 17:3 48:21 59:15 46:7,20 47:3,7 sebaceous 17:5 32:8,15 39:2 43:10 shoulders Saturday 4:2,7 5:25 6:2,22 38:14 47:13 48:25 49:9 59:12 32:17 198:14 seborrhea 62:3 63:15 67:6 130:15 show sauget 34:8 156:14 157:3 33:7 48:10 163:22 164:11 154:4 seborrheic separate 182:6 188:16,19 save 34:2 112:4 showed 83:16,20 85:22 86:5,12 second series 33:6,14 93:12 140:13 154:19 59:13 83:14 95:23 103:10 6:19 110:13,13 152:8 shower saving 106:16 144:19 155:6 157:23 158:12 160:13 45:12 86:12 156:12 188:21 showing saw secondly serious 37:25 176:21,22,23 177:6 42:4,16 166:19 183:18,21 59:14 195:13 14:20 27:1 52:3,4,5,7,10 shown saying secret 58:16 103:18 120:10 23:14 27:9 34:17 46:23 185:7 seriously sickness 57:2 64:1 65:1 79:6 81:4 secretary's 25:21 26:23 139:15 96:8 104:2 105:9 107:2 72:17 serum sign 108:11 117:8 120:10 section 4:3 6:7 30:22 72:15,25 151:19 122:20 123:4 166:11 37:25 serve signatures 174:17 197:4 seeing 178:8 180:21 says 42:6 69:13 94:3 119:18 service significance 3:15 4:8 6:18 16:24 22:2 121:1 130:6 171:14 28:1 48:5 61:8 167:12 86:2 113:15 29:8,15 31:17,24 33:13,25 seen set significant 34:12 38:11 44:5 64:6,9,19 12:9 14:11,13,15,18 15:4 80:4 155:6 199:26 201:15 16:11 23:22,25 27:12,15,16 68:12 101:8,11,11 104:20 16:1821:20 24:3,5,11 30:9 setting 83:8 123:21 127:25 128:1,4 184:9 31:8 33:17 34:11 46:1 42:15 128:5,16 136:2 148:25 scalp 66:19 67:4,4 69:9,18 70:17 seven 172:4 29:18 34:9 122:1 170:21 171:11,25 140:13 154:7 signs scar 182:7,17,19 183:22 184:1 seventeen 23:24 31:19 151:18,23 39:9 self 154:6 152:24 153:18 154:2,17 scared 179:3 seventies silage 149:15,17,18,19 selikoff 7:20,25 53:14,16 scarring 91:22 severe silicones 39:3,4,5 31:13 60:19 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010515 [similar - started] similar sketch sodium 33:2,6 147:14 8:22 70:6,6 simpler skin soiled 120:24 6:5,6 7:12 8:3,11 9:8,12 45:11 simplicity 10:18,21,24 11:3,9,10 sold 159:3 12:22 13:23 20:18 21:8,23 69:22 72:2,4,5 simplistic 27:3,4,5 29:12 32:21 34:2,9 solvents 31:4 34:10 35:1 36:7,13 37:25 11:6 simply 38:7 85:17 87:1 90:6 91:3 somebody 82:16,18 196:10 91:17,18,24,25 92:1 94:19 30:18 57:2 63:3 64:13 single 94:25 95:4,15,17 107:22 72:22,24 103:2 170:24 152:4 121:8,18 122:15,17 123:14 somebody's sinus 124:9,16,17 125:2,7,8,17 188:9 93:20 125:18,19 151:18 152:9,10 someplace sir 153:6 157:23 158:12 148:21 190:17 3:18,21 4:166:129:5,15,19 190:10,19 193:5 somewhat 19:22 24:1 28:11 29:14 skip 8:16 33:12,21,24 34:13,19,20 10:14 soon 35:10,25 36:2,5,9,18,21 skipped 121:12 122:8 37:1,9 38:5 39:12 40:3 131:4 soot 48:11,18,21 51:12,14,16 sleeping 58:25 52:8 53:8 61:6 73:10 74:9 147:21 sophisticated 74:20,24 75:2,4,7,10,14 sliced 75:15 76:13 76:12 77:14 78:21 79:3,20 38:7 sore 79:25 80:6 82:3 91:25 slide 114:8 109:12 111:16 112:21 38:8 soreness 113:6,17 114:12 115:22,23 slides 114:3 126:7,16 132:21 135:19 168:17 169:22 170:9,14,20 sores 137:19 139:2,23 144:1,21 171:10 189:25 99:5,7,7,11 146:19,23 147:24 151:13 sliding sort 151:17 152:2 155:13,23,25 185:23 188:10 156:13 157:6 161:10 slight sorts 163:25 164:15 169:24 10:13 16:18 114:20 182:7,11,16,19 186:3 slightest source 187:21 188:18 47:17 60:18 146:3 174:3 77:3 89:20 sit slightly south 62:10 68:6 70:10 80:3 10:13 184:21,22 2:26 17:19 83:18 153:5,16 191:21 small spaces sitting 27:8,20,21,22 29:10,21 193:4 32:3,6 54:12 30:6 31:7,21 38:14 69:11 spasms situation 73:19 116:18 38:3 57:7 67:19 68:4 85:19 smarter spastic 107:10 112:5 118:6 124:11 185:10 145:3 six smells speak 23:5 37:23 81:1 82:23 85:1 100:15 9:18 32:18 107:16 85:12 91:21 140:13 155:3 smoking speaking 183:18 89:22 58:19,22 sixteen soaked speaks 8:22 9:3 36:11,17 38:12 45:11 46:20 47:2 71:23 15:13 30:4 63:22 161:6 165:24 soaking special sixties 71:14,14,21 36:16 7:25 social specialist sixty 15:21 35:3 167:20 sociological specialties sized 23:16 87:9 31:6 species 192:2 specific 25:17,18 35:2 43:2 87:10 120:21 152:5,24 153:12 154:2,16 specifically 152:17,23 153:13 154:16 speculate 20:23 29:24 127:16,20 speculation 179:8 speech 18:11 111:6,8,9,18 112:2,2 147:12,14,15,16 speed 143:13 spelled 38:17 157:13 spill 54:22 55:20 spine 118:21 spleen 145:13,15 sport 176:22 spots 119:18 121:1,4 130:6 spread 56:2 St 1:1,22 2:1,15,24 60:9 154:7 154:12,12 195:12 199:3,8 200:2,19 201:5,14 stack 155:10 197:7,10 stand 30:12 151:4 standard 84:14 86:7,7 165:10,10 standards 169:3 standing 90:10,21,25 115:13 116:12 133:21 standpoint 16:11 195:13 start 10:10 89:21 153:7 193:15 194:6,8,13,16 198:3,20 started 10:2 60:22,25 107:22 174:23,25 175:2,25 176:23 188:25 189:17 190:2,5 191:5 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010516 [starting - swelling] starting stomach styrene summarize 43:15 93:14,16 125:14 139:17,22 159:18 160:3 163:12 191:16 starts 139:25 subacute summarized 29:19 56:13 stone 189:6 91:22 state 145:8 subcategory summary 1:2 2:2,18 33:7 48:25 71:10 stones 132:21 140:20 36:10 184:7 103:1 119:25 158:10 159:4 92:24 subject summery 161:2 163:13 199:2,6 200:3 stooping 60:16 9:2 191:22 stated 145:21 subsequent sunlight 24:11 29:3,13 69:16 72:21 stop 60:13 191:9,12 130:6 91:1 108:6 140:2 156:7 49:19 50:2 158:3 subsidiary supervisor 196:3 stopped 138:11 158:21 44:23 statement 22:6 substance supplied 9:13 17:2,9,12,13,15,18,20 stops 6:14 72:19 19:15,1920:431:3,12 29:18 substances supplier 39:11 67:9 69:13 84:6 straight 192:1 66:7 158:4,9,16,24 159:4,7,20 5:18 substantial supposed 159:23 160:4 162:4 200:9 street 127:12,21,23 128:25 129:3 51:8 70:25 193:23 statements 1:21 2:27 148:10201:13 129:6 sure 81:3 stretched substation 14:5 41:21,23 46:25 50:21 states 195:5 52:22,25 53:24 54:4,5,9,17 50:22 51:17 62:15 63:7 3:24 5:24 6:9 10:12 12:1 stricken 55:7 71:23 81:2 91:23 107:8 17:5 22:1 43:9 47:13 48:4,4 75:20 substitute 113:10 122:6 125:25 126:1 48:5 51:18 52:19 59:13 strike 49:8 58:3 59:16 60:12,16 136:14 173:25 186:16 62:3 65:4 67:6 82:5,9 85:18 18:11 75:25 77:24 147:8 61:3,13 62:20 63:25 64:4,5 187:16 189:20 190:9 107:7 143:4 156:14 167:7 185:12 65:7,9,23 68:3,21,22 surface 172:21 181:20 188:23 stroke substitutes 9:7 stating 114:18 131:23 132:3 62:4,16,17 63:17 64:13,13 surfaces 19:16 42:3 81:6,7 101:25 strokes 64:21 33:5,8 102:1,23,24 103:4,7 106:24 131:25 subsymptom surmounted 107:11,15 114:15 122:4,13 structure 148:14 31:25 123:12 115:9,10,12,16 158:21 suffered surrounded statistical structures 41:9 163:5 54:18 55:8 137:16 158:21 suffering suskind statistically studies 56:16 37:20 139:6 19:11 124:16 125:4 157:18 sufficient suspect statistics 164:16 167:21 171:17,19 96:25 13:12,16,18,23 14:1 15:24 163:21 164:10 173:9,20 174:7,25 175:2,12 sugar suspected stay 175:15 176:20,24 177:6 134:18 36:8 83:24 178:1,4 180:6,15 181:6,10 suggest swallow staying 181:14,16,18,21,24 182:14 51:11 92:9 125:10,11 50:10 182:21 183:6 184:20 suggested swallowed stick 185:13 188:5,14,21 189:1 19:25 183:8 125:11 127:9 189:13 190:7,14 191:3,9,17 suggesting swallowing sticking 192:6,14,20 193:2,6 188:10 125:15 122:24 studio suggestion swann stiff 194:13 196:20 85:18 8:18 19:21 41:13 144:14 114:7 study suggestions 157:8 158:21,22,23 159:1 stiffness 124:24 171:9 172:14,15,17 189:2 165:25 114:3 172:22 184:5,15,19 190:20 suite sweat stipulate stuff 1:21 200:18 201:4,13 6:3 7:15 8:4 133:23 30:1891:15 Sulzberger sweating stipulated stumbling 47:22 97:22,25 3:1 113:3,5,13,17 summaries swelling stock stuttering 183:2 93:1,3,6 115:25 116:8 73:6,9,11,15,17 74:1,2,4 111:19 117:15 136:13,23 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010517 [switched - think] switched taiwanese tell (cont.) testing 64:13 128:13 66:1271:481:1089:1,11 156:21 181:4,4,5 189:19 switching taken 126:5 140:6 145:5 166:24 190:10 191:11 192:19 62:4,16 63:6 64:12 3:3 39:14 78:6 115:19 168:15 171:1,4 174:19 tests swollen 120:19 154:21 193:11 175:25 179:11 183:16 161:4 174:21 176:13,19 136:16,25 199:21 200:12 186:14,23 190:15 192:13 texas sworn talk 193:6 186:18 187:3 2:12 3:14 199:10 45:12 66:17 123:6,7,7,9,10 telling thank symposium 153:25 170:16 187:13 61:23 63:19 164:24 40:1497:17 115:18124:14 156:3 talked temperament 189:4 symptom 19:641:1942:7 141:24 17:7 19:17 thick 17:25 18:8,15,23 19:10,20 154:8 160:4 173:19 186:11 temperature 98:8 189:3 190:18 24:1,19 25:15,19 26:4 186:14 187:19 55:1 57:18 thickened 30:21,24 31:1 35:9,11,13 talking temperatures 98:13 35:15 81:8 82:19 88:23 4:14,15 6:24 7:2 8:12,13 193:3 thigh 102:2,25 103:24 115:24 37:13 44:8 45:21 53:3,7 ten 33:6,15,19 116:6,11,15 117:13,14 54:1,2 58:11,20 65:1 68:11 69:17 73:21,24 143:18 thighs 118:17 121:2 126:22 68:15 82:25 84:11 86:18 162:8,22 33:13 129:17 131:14 132:12 91:8,12,18 98:7,8,9 102:20 tenacious thing 139:13 146:1 148:16 105:19 109:20,22 111:18 4:1,9,12 29:10,21 30:6 5:1 25:15 43:20 102:11,20 149:21,23 150:17 151:9,12 111:19 114:17 116:24 32:22 119:1 124:2 194:4 151:19,19,20,21 117:23 118:5 119:11 term things symptoms 121:24 122:21 123:4 124:4 35:21,21 39:23 102:10 10:19 61:22 65:15 67:22 8:17 9:3 15:23 16:2,16,16 126:25 128:19 131:20 129:3 142:14 143:10 173:6 68:11 91:23 96:5 153:13 16:17 26:8,23 27:2,7 28:16 133:25 134:24 139:3 176:20,24,25 177:1,6 180:7 154:14 192:18 195:18 28:24,24 29:3 30:16 35:4,6 142:15,20 144:7 145:12 180:15 181:7,12 184:13,23 thing's 36:11 37:2,6 80:14,18 146:4 149:9 152:22,25 189:13 191:3,4,5,17 192:8 195:4 82:24 83:24 86:19 88:11 153:23 161:10 171:18 termination think 96:14 99:25 100:12 116:8 173:5,22 180:16 182:14,15 5:17 8:6 9:10 10:16 11:17 15:15 128:5,12,13 130:8 133:24 182:23 183:1 184:7 189:12 terminology 16:21 23:3,18 24:9,10 25:2 134:1 140:17 144:11 190:24 191:1,2 195:6 197:8 4:4 5:18 13:9 25:12 28:19 29:17 30:1,3 146:25 148:1 151:18,24 tape termites 31:17 32:20,25 35:14 38:18 152:22,24 153:7,18 154:2 193:14 70:22 38:19 39:22 40:4 42:3 154:17 164:19,23 165:14 tapes termiticide 44:18 45:20 51:22 53:2,11 165:17,19 193:13 194:19,20,22 70:8,11,1571:11 53:12 55:3 56:12 58:2,10 synonomous 195:19,25 terms 59:18 60:1 61:7 63:22 156:18 159:10 tarda 27:17 30:21 87:21 90:12 66:14,25 67:10 68:11 70:24 synonymous 137:2 102:8,9,13,16 108:5,18 71:15 72:12 75:25 78:1 49:5 taste 122:21 164:4 172:8 80:2 81:2,18 82:17 83:4,10 system 100:20 terphenyls 85:2,14,20 86:6,6,9,11,12 34:25 150:11 taxed 49:7 118:10 86:14,17 87:18 88:14 90:15 systemic 201:1 test 90:20 93:9 95:19 96:20,23 8:9 9:8,14 10:21,25 11:19 technical 71:9 156:7 173:10,20 101:22 102:13,14,17 11:25 15:10,10,12,18,24 61:8 69:14 173:6 176:11 192:20 104:14 106:11 107:8,19 16:19 23:21 85:16 156:16 technically tested 108:17,18 110:13 112:17 157:2 158:1,15 160:9,11 95:9 123:11 137:15 156:7 114:13,22 117:9 118:25 161:15,16,25 162:6,9,11,15 teenage testified 119:9 120:22 121:19 122:1 163:3 12:9 14:12,13,16,22 34:8 67:1 166:11 196:3 123:20,22 124:1,2,12 127:5 systems 34:10 39:7 testify 129:12 133:1,7 135:12 154:15 teenager 186:19,20,24 187:5,8,12,18 136:21 140:4 141:4,24 t tag 7019 taiwan 85:20 86:23 127:3,4,10,12 127:22 128:18 129:1 12:8 199:10 teleky testimony 6:11 7:19,24 8:1 46:15,16 66:15 68:7 85:11 tell 86:15 123:23 170:1,8 19:22 32:9 37:17 44:2,7,16 171:16 195:6 199:17 44:20 53:19 56:21 61:16 142:18 145:12,14 146:6,18 147:6,14,22 148:19,21 152:12,16 154:18 155:18 159:9 163:11 165:8,9,20 166:13,17 169:17 174:16 176:14 177:10,21 179:8 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010518 [think - ulceration] think (cont.) time (cont.) toxicity trustworthy 182:22 184:17 185:24 140:14,17 144:5 147:11 121:16 122:16 125:6 168:23 181:14 187:10 188:6,10 190:19 149:13 154:18 158:19,20 135:17 175:3 189:6 190:22 truth 191:19 192:22 193:9,16,19 159:17 161:22 168:17,18 toxicological 162:2 199:10,11 194:10 195:17,25 196:25 171:6 173:24 178:8,16 175:11,15 176:5 178:1 try 197:2,5,10 181:3 189:25 191:13 180:3,6 183:5 184:5 17:17,20,23 62:1 88:9,13 thinking 192:22 193:9,18,20,21 toxicologist 90:22 96:24 99:21 194:15 78:23 104:23 195:7 196:21,21,23,25 197:24 173:8 trying thinks 198:1,20,22 toxicology 23:12 27:18 56:6 63:22 9:13 times 180:4 86:19 112:11,16 124:1,11 thinning 67:1 85:1 92:20 tract 195:4 69:1 tired 6:21 tube thirds 19:23 21:18,19 22:2 23:10 transcribed 125:13 3:24 23:25 28:13 3:5 tumor thirty tiredness transcript 137:17 138:12 140:23 105:16 15:8 16:4 20:15 23:5 40:15 169:25 200:15 201:1 141:1 185:11 thomas tissues transcripts tumorogenic 2:22 200:16 201:2 189:24 201:8 183:12 184:21 thorough title transformer tumors 43:13,25 44:6,14 45:2,16 156:1 52:21,25 53:3,6,12,15,19 137:22 138:7,8,18,19,22 46:21 47:3 154:13 titled 54:1,16,17 55:6,14,17,20 140:21 184:24 185:1,6,8 thou 39:19 55:23 56:6,7,8 57:5,7,15,25 turn 73:21 tod 58:5,8,17,24 59:7,8,10,11 3:22 86:1 155:24 157:5 thought 2:16 3:4 199:4 74:18,22 135:5,8 167:4 197:9 8:2 21:2 27:22 41:4 48:25 today treat turning 51:1758:15,1861:20,20 17:2 52:7,11 55:14 58:20 93:11 6:17 75:23 83:20 131:7 137:7 62:10 68:6 70:10 73:9 74:8 treated twenty 138:11 161:4 176:9 189:12 74:14,23 126:5 27:3 23:5 38:10,10,12 56:19 191:4,11 194:12,14,16 toenails treating 57:2 66:25 82:24 124:21 thoughts 98:4,7,8,9,10,13,14,16,17 12:11,1471:1972:6 81:23 154:7 166:3 21:1 98:18 120:17 treatment twice thousand told 9:3 34:14,20 36:3,11,16 179:22 73:24 79:10 26:12 28:23 64:15,18 76:19 69:24 twitching three 169:23 170:22,23 189:1 tremor 117:10 38:10,12 87:19 128:9 191:17,21 193:20 149:2,9,12 type 140:13 145:12 165:14,19 tom tremors 4:1,9 22:8 36:13,13 42:14 190:2 192:1,1 193:8 194:19 57:4 85:22 101:16 106:14 101:1,2 110:17,24 148:9,18 62:4,17 63:5 64:20 96:7 194:22 195:19,25 196:21 tomorrow 148:20,23 149:3,5,8 162:7 116:23 117:7 135:25 throat 194:7,19,22 195:20,25 trial 141:23 145:4 149:2 100:7 196:5 197:24,25 198:3,22 24:18 178:3,6 195:6 typed thursday tonight trichlor 83:19 195:23 198:8 197:11 57:16 types tightness top trichlorobenzene 98:10 149:5 132:10,15,19 133:19 134:1 3:23 32:4,6 36:12 38:9 82:5 55:23 57:16 135:6,9,17,20 typewriting time 82:8 91:5 104:18 191:25 trip 3:6 8:2 12:2 15:23 18:7,22 total 20:24 36:13,15,16 37:14 73:23 201:6 39:13 44:9 45:24 50:2 51:3 totally 54:2 56:15 60:2 63:17,22 19:25 20:3 40:5 81:7 65:14 67:9 68:13 69:4 71:2 107:25 124:11 72:5 74:1,23 78:8,17 81:1 touching 81:19 83:6,6,8,16,20 85:1 199:11 85:22,24 86:3,5,12,12 toxic 96:23 113:14 115:18 85:15,16 122:5 123:15 120:24,25 122:7 128:12 125:8 135:13 137:14 138:2 169:20 trips 21:16 trouble 15:22 147:21 148:4 true 30:1565:5 113:17 198:12 199:16 trunk 13:18 u u.s. 49:16 59:25 61:4,12,16 62:18 63:19 103:20 175:19 uh 19025 ulcerated 94:1,3 125:12,17 140:9 ulceration 140:1 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010519 [ulcerative - westinghouse] ulcerative unusual (cont.) variety walnut 145:2 144:9,9 146:2 105:25 2:27 ultimate updates various want 177:17 180:13,16 46:7 81:21 82:2 83:24 87:8 19:1,2 22:14 23:12 27:25 umbilicus urge 91:14 96:5 149:5 181:2 50:10 51:8 53:5 56:23 64:1 32:23 144:22 varying 65:19 76:3 84:7,12 92:15 unable uric 7:11 102:18 113:25 121:12 82:17 121:2 136:8 ventilation 123:7 128:10 135:2 151:16 uncomplicate urination 43:23 166:12,16 167:3 168:22 135:15 145:24 146:10,13 veracity 175:2 184:13 186:19,20,23 uncontrolled urine 182:3,10 187:4,7,12,13,17 197:6,10 144:22 146:2,5 verbatim 197:12 undefined use 81:9 wanted 102:10,15 129:3 136:12 4:12 5:19 49:2 58:16 64:16 versus 65:9,12 122:6 174:25 175:3 142:14 143:10 172:8 65:14 68:18 69:13,22 70:8 56:7 122:24 124:9 141:8 176:24 179:12 180:3 184:2 understand 70:14 71:19 90:12 142:25 vertebral 187:4,7,16 192:2 34:22 53:2,4 70:14 74:7 143:9 172:5 177:5 192:15 118:4 wants 83:15 86:21,24 91:6 97:14 196:24 vertigo 193:15 103:3 104:14 106:13 users 151:2,4,6,7,7 war 109:18 112:3 116:25 135:1 62:4,5,11 63:5 64:12 65:2 veterinary 166:7 152:21 178:18,20 179:1,4 uses 47:14 Washington 184:25 185:5 186:19 49:20,20 61:24 62:1,2 vice 169:22 193:17 68:17,18 142:19 60:5 waste understanding usual victims 96:23 91:4,7 101:22,23 102:6 5:17,17 17:7 19:17 141:9,9 84:20 88:11,16,23 99:23 water 108:3 133:1 178:12 usually 106:6 128:13 149:13 understood 5:15 13:6 34:4,11 161:13 view ways 50:15 72:20 100:8 103:21 180:22 169:7 171:24 77:15,25 141:18 108:19,19 109:9,24 110:1 V viewpoint 185:8,9 underway vague 11:23 25:3 26:21 53:2 161:5 168:11 viscid 59:15 83:10 90:20 98:11 108:2,17 32:1,14 undetermined 91:14 110:6 115:12 121:20 122:2 124:12 126:10 134:9 viscous 32:5 undoubtedly 120:12 139:11,19 141:23 144:3 148:19 149:7 152:16,19 vision 119:7,9 unexplained 150:21 unintelligible 110:15 161:1 164:3,6 182:23 192:16 valid 102:17 volume 1:12 vs 1:6 2:6 200:5 united validity vulgaris 48:3,4,5 51:18 52:19 65:4 107:7 143:3 167:7 172:21 181:20 188:23 university 71:10 169:14,19 unrelated 20:1,3 value 73:11,14 vapors 78:2 variability 34:5,7,12 w wait 20:10 40:8 54:1 122:10 169:16 189:24 wake 99:10,11 138:18 unsafe 30:1631:11 variables 39:3 walk 43:16 45:17 46:9,22 47:4,9 97:5 30:17 47:12 untrustworthy 168:19,20 unusual 95:19,21,23 113:1 131:10 134:6,9 141:5,8,12,13 variation 43:5 variations 42:21,25 varies 59:9 walking 113:1 walks 44:3 waller 1:20 weakness 116:20,24 117:6 wear 43:14 44:1 45:12,16 wearing 45:3 week 78:16 152:14 195:6 weekly 85:6 weeks 92:20 weigh 58:14 59:4 169:8 weighing 59:5 weight 141:5,8,12,13,14,15,19,19 144:9,9 153:3,4 welcome 120:23 178:13 went 27:24 131:7 154:11,12 155:19 162:4 166:6 178:15 179:22,25 188:25 westinghouse 44:1361:1,11 66:1274:6 74:22 75:1,5,13,14 76:9,13 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010520 [westinghouse - zero] westinghouse (cont.) work (cont.) wrong 76:21 85:5,7 191:15 192:4 69:19 93:12 167:9 168:6 38:17 64:18 133:3,6 157:13 192:8 169:6 172:23 173:19,23 168:13,15 we've 177:15 180:4 182:3,9 wrote 33:3 53:5 68:21 82:23 185:18 195:23 62:14 63:1 66:1 72:10 103:11 163:10 193:9 worked y 195:13 164:23 165:25 183:20 yeah whatsoever 17:15 109:1 wheeler worker 8:17 10:14,23 13:11 16:8 24:21 25:6 43:24 44:9,10 25:1 34:16 104:3 149:18 186:25 year 177:22 whereof 199:26 201:15 white 44:12 45:1 135:8 152:4,7,8 152:24 163:5 167:8 192:17 workers 3:25 25:14 28:1,17,22 40:6 172:14,17 189:19 yearly 166:19 years 47:15 41:12,17,22 42:2,4 47:13 23:5 25:11 41:24 66:25 widespread 4:23 12:12 63:18 64:10,21 75:1,6,9,12,17 76:8,17,20 76:24 77:8,9,16,25 152:7 68:6 69:17 71:20 105:17 143:18,18 157:19 163:16 65:21 66:4 willing 152:11 153:23,25 154:1,3,8 154:8,9 157:8 159:1 160:5 166:3,6 176:1 177:23 183:19 189:21,24 190:2 197:13 window 85:12 163:22,22 164:11,12 165:13,18 166:14 192:7 193:1 yellow 4:2 6:7 32:1,7,15 yucheng wiped 67:14 worker's 11:9 160:15 52:18 yusho witness working 22:16 29:24 30:1 75:23 11:1 41:1342:5 43:13,17 76:15 82:22 84:8,22 87:12 43:25 44:6,15 45:2,16 18:2,17 19:6 29:4,6 51:15 51:19 52:18 82:13 84:16,19 84:20,21 85:20 88:2,11,23 99:21 102:11 104:1,5,9,11 46:10,17,22 47:4,8 68:3 109:10,13,19 112:18 118:7 144:14 154:14 173:14 89:9,15,17 90:3,14 91:8,22 96:9,11,14,18 97:9 101:17 118:9 122:10 127:7,16 133:4 143:2 152:15 196:12 197:8,24 198:1,20,22 174:2 178:15,16 179:19 180:14,25 181:1,3 190:5 192:11 197:19 102:3,25 103:2,8 105:9 107:14 108:10 110:22 111:4,20 112:20 113:15,24 199:13,17,26 201:15 wonderful workplace 19:21 42:16 114:10 116:4,10 117:14,24 118:9 119:2,3,13 121:3,24 67:13 wood works 167:6 123:9 126:25 127:6,7,12,21 128:22 129:16,22 130:8,21 12:11,14 69:24 70:4,12,22 world 131:11,21,22,22 132:4 71:11,19,21,24 72:2,6 word 49:8 100:3 142:13,19,25 89:19 90:12 worlds 186:2 134:4 135:10,22,24 136:20 137:8 138:6 140:3 142:21 144:22 145:17,23 146:7,15 143:9 159:3 169:5 192:15 worded 183:9 wording wright 173:9,19 177:8,11,12,14,19 178:10,19 179:10,11 180:13,21,22 186:7,12 147:4,8,20 148:12,17 149:24 150:8,17,25 yusho's 136:5____________________ 182:20 184:4,10 187:20 190:5 words write z 29:25 30:2,7 43:18 72:20 63:10 177:25 zero 89:10 96:6 100:2 102:18 writers 165:1 105:1 109:25 111:19 106:7 126:12 152:5 writing wore 64:8 127:17 165:13,16 47:6,7 172:1 199:14 work written 11:12 16:13 17:8 19:17 18:3,18 42:1 75:8 153:18 21:15 23:18,24 26:19 38:25 154:17 157:2 165:4,6,9,18 40:18 42:7 43:15 45:8 65:8 185:10 Kelly, R. Emmet M.D. (fmr Mons Med Dir) in BROWN Volume 3 WATER PCB-SD0000010521