Document wK3L08v2MYy5kw81RkXeMY7R3

UMT U. Oahomcr. M.O. The Saranac Laioratory OP THI EOWAtn L WUOtAU fOUNOATlON Saramac Ua. N.Y. February 27, 1$47 Kenneth II* Lynch, tt.D., Dean Medical College or State or South Carolina. Charleston, South Carolina Dear Dr. Lancia: Dr* Lanza has asked ae to set together and send to 70a all pertinent material In connection with the report Dr* Gardner was preparing lor Johns-Slaaville, and this I have attempted to do* In one folder you trill find progress reports that have been nade iron Day 5, 1937, through February, 1943, then Dr* Gardner submitted to Johns-'danville sn outline of a proposed monograph on AS3SST0SIS. Attached to the nonograph are Tarlous data identlTied with it* I have copied-rron Dr* Gardner's notes his consents on papers on the subject by Dr* C-loyna and Dr* lierewether, also two outlines v^ieh nay be of interest to you* There is also enclosed a draft of a paper 07 Dr* Gardner and r* Donalds* Cunnings; apparently this was to follow the 1931 preliminary report referred to which was published in The Journal of Industrial Hygiene, Vpl. XIII,'So* 2, February, 1931 (reprint enclosed). I have included considerable data on the susceptibility of anInals to lung tumor, since this has a bearing on the ASHISrOdlS problem. Dr. Gardner intended to carry on further Investigation in this connection, and undoubtedly his successor will wish to do so. In a second folder are a number of reprints, and in a third foldor, the illustrations Dr- Lanza used in his booh "Silicosis and Asbestosis." All of this material, of course, we would eventually like to have returned to us. There are many gaps, I know, and if you will call on me from tine co tins as the need arises, I will try to provide any additional data wcieh you a vC: A. J. Laannzzaa, ii..DD.. (airs.) Lillian A. 311na ^ n Secretary to the late Dr. Gardner ?.S. The above is being sent to yju by Railway Express. ?lease acknloowwlleedges receipt. 0^ *1 /* *t Proi*33 Import* - Sap 5, 1937 April 13, 1933 Dtesbr 9, 1933 Dteaajor 14, 1939 2av*abr 33, 1940 D*CAob*r 4, 1940 Proposed. Uonograpll * Pahrunr7, 1943 (accospanpin^ doCa) Dr. Gardnur'a coazMXLtx oxx papers bp Dr* Glapna and Dr. 2arowtbir Tvq outlines DraPfc oX ol paper bp Dr- Gardner and mT. Donald 1. C;;-=?n%a. S^ariaantal data i/ ?bruary 25, 1947 Eacloauraa ta Er* LynnSi T. .>* r->i Public Health Bulletin 3b. 241 - 1 STU2T OP AS2LST3SIS 12 T2Z A33E3T33 TSXTI22 IS'CCSTHI Special Bulletin Vo. 37, Cocacnweolth or Pennsylvania, Depart-- sent of labor end Industry, Harrisburg, Penns#, October 1, 1334 - asssstasis - Fart i Special Bulletin Bo. 42,Cascon*ealth of Pennsylvania, Depart* sent or Labor end Industry, Harrisburg, Poena., 3e?tosner 29, 1335 * ASBL373SI3 * Fort XX and Part XXX Rsprint Vo* 1665 Toa the Public Health Reporta, Ysl. 60, Vo. 1, January 4, 1336, pp. 1 to 12 - EPFSCT3 0? TLA 12511X3103 0? ASBESTOS CCT3X 03 US LU3G3 OF AU3E3T93 30HXR3 Reprint - TBS P9S3ATI0V OF THE ASaESTESIS BDCT 13 T-H LC30 *7 S. Eeodhouse uloyce, 2.0. (reprinted frua Tubercle. June, 1331 Reprint - 122 30H3ID A3133XT ALE EI3TJL33X 0? AS22ST2SX3 b7 3. Soodhouse Gloyee, S.D. (reprinted Iron Tubercle, July, August and Soptenber, U33) neprint - A SS3DRA3DUB 03 ASIE3T9SI5 by E- B. A. Sarewether, tt-D. (reprinted froa Tubercle, Hovember-Oecosper, 1333, Jamary. 1934)' Booklet - TBS FHOGOCTICS 139 33139130 OF ASBSATCS by Johnson's Cocpohy, Retford Hines, Quebec, Canada Reprint - JARTTS2 JPS2ATI9S3 Z2TSA3IZX ITCOSTHIAL HI3II22 ?32^:23 OP 152E5T9S I2D0STRX (reprinted froa The Illinois Labor Bstlletln^ February 23, 1343 laaue) Paper- - 1X3 SllCLlSa OF ASBESTOS COST, CO3?IRISOV OF 1SFX3CE2 132 RX2CTR03TA2IC PRECIPITATOR HSTdOCS by J. tta* Fhnel (given before the Treaty*fourth Annual Booting of the American laaociatlcn of Industrial physicians and Surgeons with American Conference oa Occupational Olseesea Industrial Hygiene, Clareland, Ohio, June 6-3, 1339) Illustration* used in booh *311100*1* and Asbestoals* by A. J. Tanxs, 3-2. February 26, 1947 Enclosurea to Dr- lynch * y Julr 23, 1947 Ojr A, Ji LlRZt| Associate Medical Director, Metropolitan Lire Insurance Company, Hew Xorl, 10, H. X. Dear Doctor Lanza: X am sending herewith Gardner's manu scripts as X haTt arranged, joined, and titled them In a proposed single publication* The experimental report la left aa It vat, except for the heading* Please' pees Judgment on the title and footnote* ' Hie Iwnograph outline of human esbestoals contains little IT any significant material*. No' one else oan write* what he intended without it becoming the writer's instead of Gardner's* On the other hand, the outline on experimental aabectosis la more than that* Xt la really a summary of Gardner's observations and la valuable end publishable as It stands, X have put a heading on that part, deleted aeotion 1, on 'Methods0, and remabered the other sections. The whole makes somewhat of a bully publica tion, but X believe that you can Induce the Journal of Industrial Hygiene to tale It in this fom. It not, let's split it Into two* X am sending the detached Part X or the Out line else, in order that you may see vhat X mean. Please consult with such others aft Saranac as you should and with the Absestos people, if that is in order* Peel free to rejeot any Idea of mine whioa does not seem best and orltlolze freely. With best personal regard!, X am Sincerely yours. i PLAINTIFFS ( exhibit XXLgkbp Xenneth K* Lynch, X D.. IL'IC Dr, Lania, page Z - Jolr 23, 19-4? ? 9* I as retaining for the present the other satrial tent bo* Can aomeone at Saranae reddilf oooljr tha references la the nanaaorlpt? eo a bit abort on tine- Should Cussing* be in this? XXL, * T IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: ALL ASBESTOS CASES FENDING IN ABBOOVVFE.*-S5TAATTE1D) LCUOUURKTl J BEFORE THE HONORABLE ROBERT ) L. VINING // y W ) 1 The discovery deposit'on of DOCTOR PHILIP C. PRATT, taken on behalf of tho Plaintiffs pursuant to^notiec on cross-examinAtion before Angelin Wheeler Evert, Certified Court Reporter and Notary Public at Courtroom 3 of the Richard 0. Russell Building, Atlanta, Georgia, on the 21st day of June, 1988, commencing at the hour of 9:30 a.m. Wheeler Reporting Compony, Inc 462 ML Poron ftcL N.UUL fldonto. Gecrgio 50327 404-156-0330 SPW2064 50 1 you want me up thert? Which would you 2 prefer? 3 CHIEF MAGISTRATE DOUGHERTTi You may 4 remain seated If you like. 3 MR. MOTLEY: All right. $ CHIEF MAGISTRATE DOUGHERTY: I have no 7 problem with that. 8 Q (By Mr. Motley) Ooctor, can you see me 9 and hear me all right over here? 10 A Yes,.sir* * 11 Q Thanh you, sir. 12 Kill you state your name for the record, 13 please? 14 A Philip c. Pratt. 15 Q And your age, sir? 16 A Sixty-seven. 17 G And are you presently employed? 18 A Yes. 19 0 In what capacity, sir? 20 A I'm Professor of Pathology at Duke Medical 21 Center. 22 Q Are you full-time? 23 A Yes. 24 0 And are you In good health? 25 A Except for having a-cold last week, yes. ;spiiizte5 91 X study? 2 A Nell, X knew that the animals were 3 being exposed In the dust room to several kinds of 4 dust. X knew the schedule at which they would be 5 killed and examined grossly and microscopically. I 6 knew the results of dust counts during the exposures. 7 0 Did you know about correspondence between 8 the sponsoring asbestos companies and Doctor Vorvald? 9 At that time did you know about it -- XO A Ho, XX Q -- regarding editing or changing the t 12 report in any faahion7 13 A Ho. X had no Involvement with that. 14 Q So your observations weresolely that of 13 a scientist looking at the tissues that were 16 presented to you by the lab technicians and reporting 17 your results? is that fair? 18 A Yes? plus seeing the anlmal6at the time 19 thy were killed along with the technician. 20 Q Beyond the science of all of that, what 21 you just described observing- the animals, looking 22 at the tissue, and recording your findings -- you had 23 no dealings with the sponsors with respect to how, 24 when, and what would be published? is that correct? 25 A That's correct* 92 1 q Did you see st any time between the year* 2 1946 end 1951 Doctor Gardner's proposed monograph on 3 asbestosls dated February 1943? 4 A Ho* I don't think I saw that. 3 Q nave you seen that recently? 6 A Ho* 7 Q You were not provided with a copy of 8 Doctor Gardner's written observations with respect to 9 both the King's Float studies and the human asbestos 10 disease cases that he was examining for asbestos 11 companies? * 12 A Ho* 13 Q You never have seen that 14 A Ho. 15 Q -- to this day? 16 A Hot that I recall* 17 Q At any time between 1946 and 1951, did you 18 learn that Doctor Gardner had reported and written 19 that there was an excess incidenct of tumors In a 20 certain strain of animals exposed to King's Float? 21 A Yes* 22 Q When did you learn that7 23 A Nell, it would have been during the time 24 that we were summarizing those experiments to write 25 up the report* 93 1 Q Did you have an opportunity yourself to 2 view the tissue of those animals? 3 A Yes. 1 have seen them. 4 Q When did you see them? 5 A During the time that we were putting 6 together that report. 7 Q Did you reduce to writing your 8 observations of what you saw when you looked at that 9 tissue? 10 A I don't believe it's in writing anywhere. 11 Q Do you recollect what you observed with 12 respect to what Doctor Gardner described as tumors? 13 A Yes. 14 Q And what was that? 15 A X felt that the lesions he was talking 16 about were what are called benign adenomas of the 17 lung, which are quit* common in mice and which vary 18 from one strain of mice to another. IS Q Is that a difficult differential 20 diagnosis? 21 A Not really. 22 0 Have you subsequently found out that 23 Doctor Lynch recommended that Doctor Gardner's 24 findings and his description of what he claimed to 25 have seen should have been published, quote, as is, March 13, ISO Or, tudvig Bektoen, Chairman Committee on Cancer ftasaarch national Cancer Institute Bethesda, Maryland Dear Dr. Itktoam Sn analysing the raaulta of a recently completed inhalation experiment on aabestotls, Z was atartlad to dlaeowtr that a small group of IX whit# mica that had baan inhaling ashes* toa duat from IS to 24 months ahovad an excessive incidence (Sl.1%) of pulmonary cancer. Tbia experience was quite at variance with tha raaulta in all our pcevleua long-term duat exposures which vara summarised and published by Vorvald and bars In tha JUserlean Journal of Pathology, January 1331. Z would bar* attached littla significance to thia racant finding bacauaa of tha small number of animals involved, but for tha fact that tha litaratura now containa aoaa 10 raporta of pulmonary canear in caaaa of human aobestoei*. Swan thaaa Z bara haratofora attributad to atlaetlon of materia. aa wa hart found no caaaa of pulmonary tumor in surreys of tmployad aabaatoa workers. lovtver, Gloyne, tterevetber and that English obaarvaea eontand that aabaatoa has a specific carcinogenic action on tha lungs. Tha quaat ion la of considerable Importance In Indus* trial aadlclna baeauaa of tho aaaociatad companaatlon aapaeta and fron a sclantlfle view point, it intarasts no a great doal. In view of this raeant finding Z hart roanalysad tha raaulta of a large nuabar of duat Inhalation experiments that v hart carriad on during tha past 23 ytara, tha incidaoca of pul* senary tumors la abort la tha appondad tablt. It would appear that, except in mica, tumors boro boon gonarally uncommon la tbo strains of dlfftrtnt apaclas that wa bad usad. Quinta plga hart shown oe* eaalonal tdtnoaas of tbo lung whoso incidaoca la not influenced by duat asposuraa or by the type of duat involved* towersr, in white mica that aorrirad roc IS or more months and in our duat rooms, raclout forma of long tumors wort much more frequent. Tho arorago incidents of such tumors in a group of 143 mica exposed to 4 different quartx- containioa duets was 19. it but this appears small in contrast to this incidence of 11*11 in tho aabostoa mica* In 91 younger mica that died or vara killed after exposures of 10 or 11 months there was only ono inatanco of pulmonary tumor. Therefore, either age or of duat exposure must bo important* ' Dr.* Ludvig tektoen ' -a- March 15# 150 Itone of these esperlaents was planned to study carcinogenic offsets* Hies vere only used os there wae space in the dust rooss and atony of tboso animals that died oftor short exposure wort diseordod without autopsy as tbsy could not have developed a sufficient amount of dost raaction to bo of iatorost* tbo strain of mica kept in tbo laboratory has changed froa timo to tiao by iaportation of new stock* at ono tiao vs did procure trea Dr* Haud Sly* ooao osnear susceptible atoek but t* tboso sniaala failad to rsact to inhalsd quarts wo lost inearast in tfaa subject* Obviously undsr such conditions# tha rasults with asbsstot aaan nothing bet in view of tbo coooldocitiono which X have cited# X bellevo ebay should ba chocked* A decisive answer to thie question would bo of roal proctleal valet# Froa what wo have learned about tha action of asbostlfora alnorals in tbo living body# X .would not bo surprised to discover that thslr csrcinogonic effects trt dif ferent froa those of other minerals* Their crystallographic structure is unique* They apparently act as atehanical irritants rather than cheaieally which is tbo ease with quart* and other forms of frss silica* On crushing or grinding# asbestos fibres loess paretieally all thtir irritating capacity) quart* on tbs other band# becomes aort irritating as the particio site decreases. Asbestos provokes fibrosis only in the lungs of certain apeeles) quart* ascltao such reaction in any organ of any species of oniaal that wa have tested* Asbestos sooas to bava no specific action upon pulmonary epithelium bat in ooao speclea# it causes an unuaual typo of diffuse fibrosis which coaprassos and distorts the epithelial-lined respiratory bronchioles but often folio to obliterate tbaa. Severer# this aochanlaa would net appear to bo tbo one responsible for tbo aouse tumors for this is ono of tbo opooios which develops no fibrosis on exposure* Possibly# the lsek of rooction is duo to sup erior upper respiratory protection against inhaled foreign bodies. The lungs of alee# exposed to asbestoe dost for 2 years ctvealtd relatively few fibre and all these art short tad coated to fora that peculiar structure known so tbo asbestos body* Xa order to verify our accidental discovery of pos sible carelnogonle action of fibrous asbestos# X would like to repeat the mouse inhalation osperlaent under properly controlled conditions. X would brood o largo nuabor of caneor susceptible alee# apllfcting each littar into throe groups and keep a record of tbo ages of oach* Ono third of tbo offspring would bo kopt in a normal atmospboro as a controli another third would bo espoted to quarts dust as a second control and tbo other .third would be exposed to oabestoa dust* We SPM2090 Of'. Ludwig laktoen March 15, 1545 would attempt to obtain $00 mice for oach group. The exposures would eppertntly beve to bo continued for 1$ to 24 Booths, bur routlno In oueb experiments provides for dusting I hours s day, 5 days s week. v boro oil tbo necessary equipment for such ox* perlments ond o trolnod Laboratory personnel. rands oro locking however. Our ptorioos study of osbostosis which oontinaod for o period of 7 yoocs vis flnoneod by tbo Asbestos Association, fines this group of oanafacturors bos olroody invested $10,000, X cannot ask then for farther contributions. X discussed the natter with Or. Abodes at the Manorial lospltol who favored and vat of tbo opinion that it res worthy of consideration by your committee. X an therefore applying for a grant of $1,000 to cover the cost of the first year's expense. X had trfld Or. Rhodes that X would be willing to do the entire experiment for this amount and ordinarily X should. tovever, on my roturn from Bov York, X found two proposals for investiga tions of othor industrial dusts ssch of which yield tha laboratory $1,000 a yoar. As X havt only two dost rooms at tha prosont timo frama for now work, X cannot afford to tla up ona of thorn for two yaars for half tho amount. Ihould you be favorably impressed with this proposal X would apprsclats any criticisms or suggestions. finesroly yours, LOGiRIB Laroy 0. Gardner, K.b. Director SPOil 2091 SPIM2092 h.uj. P R0 CEP IU 3 tw*;wTr-rouMH mutxuo II I TABLE or CONTESTS P4S t Saturday Horning Station January 8. 1944 Mlnutte of tha prarioaa stating .............. Report of tha Chltf of tha Hatlona.1 Canetr Znatltuta ......................................... .. Renort of tha Executive Blrtctor of tha Council; Raporta of Oranteea ................ Application for granta-ln-ald: 213 " Saranac Laboratory of tha Trudaau Foundation ..........................__ 214 - University of Cincinnati............ 213 Barnard Trot Sitln and Canctr Hospital ........................ 216 - Chicago Tufflor Xnstltuta .............. 217 * State Department of Health. Iowa .......................................................... Diacuttlon of problaaa of canctr tarries and of postwar canctr rttaarch........... Haw business .......................................................... Data of next stating .................... 1 2 14 21 26 3 4c 51 58 66 66 Saturday Afternoon Saaalon January tf, 19*^ Report of Cosalttaa on Cooperation in Cancer Raaaaroh (Oaetrlo Cancer Pro ject) ................................................................ Motion authorising seating of the eosalttee ................................................... Adjournment .......................................... 69 92 93 I January S, 19UU The Twenty-Pourth setting of the National Advusry Cancer Council, held a: the National Cancer Inetltute, Na-.icr.e*. 1 Inetltute of Health. Bethesde, Maryland, convened at 9:-fi e.s..j Dr. A. . Dyer presiding. j . The relieving were present: I Dr. A. . Dyer 1 Dr. Ludvig Hektoen Dr. C. P. Ahoede * Dr. J>jtee T, Murphy Or. A. A. Spencer i Dr. John I. Vlrth Dr. Max Cutler Dr. George K. Smith Ji Or. J. Shelton Hortley Dr. Shervood Moore ... i DA. DX*R: Dr. Parran le tick. He hot been elek virh I Inflames for the poet week. Dr. Draper le also incapacitated thla morning. Neither one of the* vlll be here. We have two nev saabert, Dr. Horiley and Dr* Moore, Thle u the first tire I' they have set vltti the Council. Dr. Cutler la also with ui ii thle oornlng for the seating. If Z don't know vhat Introductory remarks Dr. Parren had in slnd to sake, but the slnutee of_ the preriom. me.etlng have been oirouleted. Are there any oossentt on tbeat If not. Z bailers they itand approved at circulated. Glaaolng through thle hurriedly. Dr. Compton win not be here. He hae eose cosaente on tone of the proposals that I Without at thia tine attempting to nak* a thorough analyst* of tha pnbUahad paper* and raoorda, a fav recant pertinent reporta ere noted. la oaa of tha lateat, Stoll, Baaa and iatriat^report aa addition &1 eaaa of cancer of %ha lva* la aaaoalatlea vlth aabeatoela aad eaat up tho literature aa of 1951* Thar rafar to Moravathar'a 15**7 raport, aa prrrioualj notod haraia, and also rafar to a raport by Vyera la 19^9 raeordins a sarlaa of 115 caaaa of aabaatoala in vhlch thara tnra 17 lnatanaaa of aaaoelatad paTitcnary carcinoma, aa autops: aarlaa incidence of 1V.8*, aa ecnpared to Xerevather'a 13.2** Scaharso^ reported thraa additional oaats of association of pulaamary carcinoma and asbestosis la his satopay serrice. Xa his scries of aatopaiea f&a 1918-1938 thara vara V5 eaaaa of palaonary carcinoma, aa incidence of 1.06*. Asbestosis vma dlac&oaad 8 tlaaa aad la V of tho 8 aaaaa polao&ary aaralaoaa vaa alao found. for each comparison aa may ha allowable, BA*dc* aad Xlrahoff? reported la 1991 a polaoaary canear incidence of 7*5% (67 la 892) la aa n&topp? aarlaa la Indlrldnala 30 year* of aft aad oldar la Tax _ vould boat They anssaat "that freemeney of eaaaar of tho limc/be established fr* a aarlaa of aatopalea," oa account of tha unreliability of daath cartificatoe* Cantorhalaael&f at laaat soaa of tho velffct of aaldaaoa of report* of cancer of tha lunc aaaoelatad vlth aabaatoala la tho vidaapraad iaorcaaa of pttlacnary ea&aar la tho (caaral population that baa boom roeocalsod daring tho ttmm ported of time. A fav reference* willaerro to fooua that treamedoua problaa. -5- SPJM2108 Gribakin 1951, jay*, "Broncfaoonle eareinoea differs froa other cancers la tvo important respects* (1) it has shown an enormous increase la the lut 35 year** (2) there hee been 4 progressively larger Incidence in the sale sex*" He etetee that Idler In 1912 coaid collect only 37** eases of cancer or the lunf froa the vorld's literature, vhlle IndlTidnel experiences la this country ireatly exceed that total of reported cases from the whole world, and that caneer of the luns has adTtnced to a position of first place in sen froa one of 8th piece in frequency - and this all vithin the last 35 or bo years* Dell ead Hilf refer to a British joveraaeat report which sbovr that for the 25 year period fren 1922 to 19^7 the Incidence of ltmr cancer lx autopsies tin lagltnd end Vales increased fifteen tines or what it had been previously* An editorial note in The lancet in /emery, 1952, strikes a t: note in referring to Hill1* report that "in at least 17 out of 29 boroughs Caetropelitaa), deaths froa neoplasm of the Inn* and bron< vere more nmerous than deaths freu tuberculosis" end in reaarkin* "This is tonethins faite m.1 Snith? in-1952, states that Inns caneer has shorn an increase over and above wfcet oculd be expected as a result of increases in aaober* of elderly persens. He states also that hl{h Inns aortell has been recorded for both non and van patients with asbestosls mainland*- - Perhaps eS^fscnal note is permissible to illnstrata the ap parently uaiTeraalNttperienoe in satopey sarrlces dnri&s the laat forty years that ctrotn\ona of the Inns has ebansed frea a rarity t a ooenenplaee* As a reshimt in the Rilladelphia General Hospital < $PM5to7 I had done an autopsy on vfaat I took to bo a eui of tuberculosis, and had discardod all'orgaas and tissues exespt the snail pioeos fr ohieh I prepared mieroaVopie sections* When 1 shoved the resulting slides of earclnona of t)\e Inns to my chief and had to acknowledge that I had thrown the lungb away, he arose sternly fren his mic roscope and literally boteoxe dovn the stairs* Perhaps I nay also nots that the scarcity of residents In path \ their ogy nowadays has brought imt a difference inAreatmcnt, al though possibly not so such dlffrfe$ce In their deserts* EZF3RXXEBT1L 5T0DIM Because of the question raised by autopsy ebe erratic* of associated asbestos!* and cancer of the lung, and anon* the many apparently experimental studies that/hare been done and tort are nov going on by subjection of experimental animals to respiratory exposure to a Tarlety of suspected substances, X hare undertaken to see whether eridoace of carcinogenic aetion on the part of asbestos or of the condition: of asbestosis sight be gotten la thlj vay, ffov in the third yter, ve have such a project under vay, supported in part by;- 'a rational Chneer Institute grant* In dsnrlsing such an experiment, cne is, of course, faced vi^h uasay questions, eaong which are the choice of experimental animals, the mrtpodr of exposure, the mechanical questions in- rolred la Bsthcds, the practical aattern of time and help, etc*, e Because, eo far as I a* avure, no except nan ^as shovr bronchogenic eareincaa of the lung natarally(or experimentally for that matter) -7- SP0W21O6 'm chose to work with & strain of alee known to develop sdtnca- ateas tuaors of the lung 1a regular prs-calculabls occurrence, la this <* y have on* of short lift span, of known lung tmr productiveneea that night be susceptible to influence la that natural occurrence, and at tho soae tine at gocd at any other prospect for bronchogenic careiacae to far as Is known. Tho strain chosen Is tho AC^ hybrid (A nala and C fsnala) first generation frott breeding stock obtained froa the Roscoe B. Jackson Manorial laboratory# Approyiestely egu*l sabers of sics ara bains exposed sad kept as controls* Xzposnrt charters ara of cor own derljing* Regular dust founts art made, with concentrations obtained of dust as high as say bVwithout risk of *rmi"g tho salaals* As near as feasible, the seas asbsstos as our huaan eases ex perienced Is being Used as dust* is the aniaals are sacrificed they are satopsled and the nusber, size, and distribution of lung tuaors recorded* An attcap to grade these will else be nsds* It would be presature to cite ' any analysis of this data as yet* However, no splderaold card- coaa hh* yet been obserred* ^ P**? Because wished to al*Tufanother and larger anInal, a nsaber of iosgjurt a5a* ^La^abljpted to slsllar dusting 1a spedallyjMttatseQrtad shaders*. 2* ir, of course, a such longer tara csgrcrisaatj aa^bo r^fert con bs nods upon it at this tlas* One ef the rsas^ps the deg was selected Is that observation of the oeeurreaoe of"aabestosls bodies la. tS lung of a dog ezposed la ac asbestos facthi7 is molded* So far u I at avure, there In caly cae published report of aa Inhalation experiment exposing sice to asbestos dust as a tsst SPIM21W ef cancrigaie action. This report, by lordnann and Sorgt* by the authors vu clala*4/as positive evidence of such a relationship and baa g been oltH to that effeet by others* Smith,hovever, analyses it to tbo conclusion that it not only produces ao proof of a causal relationship of asbestos la cancar of tho lung but actually to tho contrary.NyXn that raport ill-defined aplthallal changes voti thought to haY resulted in tha lungs of 9 aaiaals out of aa original 100 ale*, squamous metaplasia vas found in 6, adenocar cinoma in on* and squamous call carcinoma In one* f Smith questions whether tho intarpratatloa vu correct as to th* demonstration of actual squamous call carcinoma and calls attention to th* common occurrence of squamous call metaplasia in old rats vlth chronit pulmonary infactions and in animals deficient in A, : The only other irperiaent of vftxleh I as avert there animalsTM* undor exposure to Inhalation of asbestos dsst developed tumors of th* lung in a vay suggestive of a relationship occurred 1a an uncompleted experiment of the la* l. 0. Gardner that ease to my A&tantlon through a courtesy from the Saranac laboratory. j Za ote of Gardner's experiments la asbostosls he found a 1 -- ' -- -- - - - ' --' - j ktch Incidence of the type of laag cancer to vfaich mice are dlspens ^ Oiaco the strain he. uns using vas ankaoia as te tumor suseeptiblllt ! aod tiaoe the experiment vas uncontrolled from that standpoint, he stopped it, apparently intending to set up a proper experiment to | ^falley up .the gsgjiitlca later & At ledht it does act appear that any reperted experiment can accepted"as ecanlnsive, aad I aa ** the was rlev as that ua to thc:urent ao, mart mental proof tEat the lahalatlca of asbestos or -any other material vill cause -9- SPiltflO bronchogenie carcinoma has been presented. Is the utter nov stands, it appears that while Addition*! evidence of tbe i* sort has been collected In the aeantlae, the * *fc v** relied with onr first Tg^ in 1935 as to Aether aabestosls can eot as e producer of cancer of the long la facman beings regains as open as It w when raised* go far as ve are concerned, "ESe^condltlcas la the industry ere so gnch Improved that even the orobloa of asbestoals has be* cone greatly lessened* the grade of exporare to tbe last has been so redneed la oar territory of experience that ve so longer ex pect to see the extrenm of the disease that earlier nnecntrolled conditions canned* aedina to Sven SO) aad although oar cases vert these of/advanced asbestoslS) if the exporare sax be eaneerlganle it eeald not nov be certainly said that lesser trades of the primary disease vonld be iamae to the tendency* la all respect, therefore, the problem remains vitfa os aai ahoald be rabjeetod to contlnaed iarastigatiem on Its ova nerlts, aside from aay advantage that would aoene to the investigation of nail its sat neoplastic disease as a whole if sneh an atlologlc factor vtre uncovered# -10- 3HM2111 RF2RHC2 1* Lynch, C K. and Smith, V. A.i Pulmonary Aabostosls lilt Car cinoma of T>TM| la Aaboito-Silicoaia. Am* J. Caacor, 7ol* XCI7, Ho* I, May, 1$35. 2* HtrovothAr, S* R* A*t Annual Roport of tho Chief Intpoctor of Factorioo, London, Hi* Majoaty'a Stationary Offlet, 1947* 3* Stoll, Rotrort Bass, Ri chardj and Angriat, Alfred A*s Asbestosl* Ajaeiat#d vith Bronchogenic Carcinoma* Arch* 1st* Mod*. 86. 8^1 (Dac*) 1951. 4* Houburgor, F*i Tho Coincidence of Primary Carcinoma of tho Lung* and Pulmonary A*bo*tool* Am. J* Path., 19*1943, 797*805* 5. Rifdon, R* H* and Xlrchoff, Bolont Frequency of Cancer of tho lama la All Mallgmanelfa Studied at Amtopoy* Son* Nod* J* 44*506, Jam# 1951. 6* Qpthan, I* At Pulmonary Caneor of tho Lana vith Spoclal Con* sldoratloa of It* Itlolesj* Bull* V* I* lead* Mod*. 27*261, May 1951. 7. Doll, Richard tad H&l, A* Bradford! Smoking a^ Carcinoma of tho tong. Brit* Mod* J*, #4882, 739-748, Sopt. 30, 1950. 8. Smith* V* 3*> Long Cancop With Spoclal Roforonec to Xxporlmontal Adpooia* Arch. lad* Hyg* A Occnp* Nod., Tol. 5, lo* 3* 209, Mhrcfi^952. 9. Hordmann, K, aad Sorgo, A*i Ltmgenkrobs dnrch Ajbeatxtaub la fierreroueh, Ztaehr. Xrobaforsch* 51i168-182, 1941* -11* SfOt2112 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY CF BERRIEN BENTON HARBOR AREA SCHOOLS, Berrien County, Michigan Plaintiff, vs. NATIONAL GYPSUM COMPANY, t Defendant. File No. 8S-3008-NZ-Z / JURY TRIAL - VOLUME NO. II BEFORE THE HONORABLE ZOE S. BURKHOLZ, CIRCUIT JUDGE St. Joseph, Michigan - Wednesday, March 15, 1989 APPEARANCES; For the Plaintiff: MR. JOSEPH Bl COX, JR. MR. PETER KUIMALA Ness, Motley, Loadholt, Richardson & Poole 151 Meeting Street, Suite 600 P. 0. Box 1137 Charleston, South Carolina 29402 MR. PATRICK J. BERARDO P10707 MR. KENNETH HARMED P39170 Thrun, Meatsch k Nordberg, PC 501 South Capitol Avenue Lansing, Michigan 40901 Y#iS/r JT 8PM 2114 141 1 (At 10:41 a.m., court resumed in the 2 presence of the jury and David Ozonoff resumed the 3 witness stand) 4 MR. COX: Belatedly, good morning, ladies 5 of the jury. This is Dr. Ozonoff here. 6 DIRECT EXAMINATION 7 BY MR. COX: 3 Q Dr. Ozonoff, would you please, for the jury here, , 9 state your full name? 10 A David Michael Ozonoff. i 11 Q Where do you live, Dr. Ozonoff? 12 A I live in Boston, or actually across the river, in 13 Cambridge. 14 Q Are you married? 15 A I am. 16 Q Do you have children? 17 A I have two children. 18 Q How old are they? 19 A Fourteen and nine. 20 Q Where do you work? 21 A I'm the chief of the environmental health section at 22 Boston University School of Public Health and 23 professor of public health there and professor of 24 community medicine at Boston University School of 25 Medicine. 155 1 you conduct your review of the historical, medical 2 and scientific literature on asbestos and 3 asbestos-related disease? 4 A I reviewed this subject from a period that started at 5 the end of the last century all the way up until the 6 end of 1965. 7 Q Why did you stop in 1965? 8 A Well, it was on the very last day of 1965 that a very 9 big book was *published on the -- not the history, but 10 the research on asbestos disease. This was the 11 Annals of the New York Academy of Sciences book, and 12 beyond that time, the very last day of 1965, there 13 are few, if any, people who don't acknowledge that 14 the understanding of asbestos-related disease Was 15 very widespread in the world. So the interesting 16 historical question was not what was known after 17 1965, but what was known prior to 1965, using that IS publication date as a narking point or a milestone. 19 Q Does that mean that you haven't kept abreast of 20 asbestos since 1965? . 21 A No. 22 The literature, of course, in asbestos is 23 extensive following 1965, and as a practicing public 24 haalth practitioner and as a teacher and a 25 researcher, I keep up as best I can with that st>iiii6 156 X subject, as well as I do with aany other subjects 2 that are pertinent to my field. But I haven't 3 approached it as systematically in a historical A fashion beyond 1965. 5 Q X believe you indicated you look for these articles 6 in part'through the Index Medicus, is that correct? 7 A Yes. 8 Q Were there other places you look for articles other 9 than that? 10 A Yes. That's one of the main tools that we use. But 11 there are a lot of things that you can do to find 12 medical articles about a particular subject, and one 13 of the most effective things is to just walk into a 14 library and go to that section of the library that IS you know is pertinent to a subject and just browse 16 around, and X used to do that all the time, and 17 invariably when I would do that X would find new 18 material that wasn't listed in an index, but was 19 right there sitting on the shelf just waiting to be 20 found. 21 Q Are these public libraries, libraries open to the 22 public? 23 A Usually they are open to the public and aany public 24 libraries contain this material. Many of thea are 25 medical libraries that are open to any medical person 157 1 in the community. 2 Q What type of articles were you looking for, 3 specifically? 4 A I confined myself to articles that dealt with 5 asbestos and disease and' connections with asbestos 6 exposure and disease. Some articles that had to do 7 with the industrial applications or processes or 8 something like that I did not search the literature 9 for. That's^ an entirely different engineering or 10 manufacturing literature that I didn't concern myself 11 with. 12 Q Did you find articles dated prior to 1965? 13 A Yes, indeed X found many, many hundreds. 14 Q How many -- 15 Many hundreds? 16 A Yes. Well, actually, the number on one of my lists, 17 which is not a complete list, is 720 some, up to the 13 end of 1965, but it's certainly not a complete list. 19 There are more articles than that. 20 Q Could you give me some idea and give the jury some 21 idea of how many of those articles were prior -- 22 datad prior to 1956? 23 A Yes. Well over 400. 24 Q Before 1956? 25 A Yes. SIHM2118 153 1 Q Doctor, the reason I asked 1956 is that is the date 2 of the alleged installation of their product, in this 3 case, in the schools of Benton Harbor, and I will be 4 using the 1956 date throughout the rest of this 5 examination. 6 A I understand. 7 Q in various places. 8 And in vha: types of publications, Doctor, 9 did these various medical and scientific articles 10 appear? 11 A Well, they appear in all kinds of medical 12 publications, specialty journals, such as journals 13 about diseases of the lungs, specialty journals about 14 cancer, but also general journals like the journal of 15 the American Medical Association, vhich is a journal 16 that comes along with membership in the American 17 Medical Association and -- so that they went into 18 more than half of the doctors offices in the United 19 States. So it's a vide variety, state, local 20 journals, national journals, specialty journals, 21 review journals. 22 Q Are these journals that are limited in distribution 23 or are they available to the public at large? 24 A Well, generally they are available to anybody who 25 would care to subscribe to them or look at them in a sWMine 159 1 library. Soma of them are smaller circulation than 2 in others, of course. 3 Q Doctor, did you prepare a list of the articles that 4 you researched with respect to asbestos-related S disease? 6 A Yes, sir, I did. 7 Q Let me show you this 43 page document. It doesn't a have a title. 9 But let me ask you if you could tell the 10 jury what that particular document is? 11 A Yes. This is a list I prepared, probably some six or 12 seven years ago, and it lists the medical articles 13 that I'm talking about. It's listed chronologically 14 by date, with the date along long the left-hand 15 - margin, and then within each year the articles are 16 listed alphabetically by author, and it's 43 pages 17 long, single spaced, with one space skipped between 18 each entry. 19 Q These are all articles that were pre-1965? 20 A 1965 and before, yes. 21 Q How, Doctor, based upon your review of the medical 22 and scientific literature as you have described, do 23 you have an opinion on when it was first known that 2'4 asbestos could harm people? 25 A Yes. 6PM 2120 160 1 Q Would you tall the jury, plaasa, what your opinicn 2 is? 2 A Wall, I will skip the-ancient world, bacausa it was 4 noticed in fact in ancient tines that slaves who 5 worked with asbestos died from it. But in the modern 6 literature, the literature really starts around the 7 year 1900, which is very shortly after the beginning 3 of the modem asbestos industry in this western 9 industrial society. And at that very first _ 10 publication, which is the inspector of factory 11 reports for the year 1898, published in the year 12 1900, it was noticad that breathing asbestos dust vas 13 a harmful and dangerous kind of workplace. So X 14 would have to say, in answer to your question; that 15 from the very first notice of it it was understood IS that breathing asbestos dust would cause harm to 17 people. 18 Q That first article, vas that the first article, the 19 1900 article, that you nade reference to in your 20 bibliography? 21 A Yes, that's the very first entry. 22 Q What kind .of people are harmed by asbestos as 23 reflected in the medical articles? 24 A Well, any human baling that breathes asbestos fiber. 25 Asbestos disease is a disease of asbestos breathers. SPIM2121 161 1 It's not. a disease of particular kinds of workers. 2 So that the literature reflects all sorts of people, 3 people who are involved in mining and milling and 4 manufacturing, various kinds of processes. People 5 who lived nearby asbestos facilities. People who 6 worked in facilities but not with the asbestos 7 itself; for example, a cashier or a warehouseman or , 3 somebody who was a bystander, in essence. The 9 spouses of apbestos workers. They -- for example, 10 the wife or a child that was involved in doing the 11 laundry of an asbestos worker and was exposed to the 12 dust on the clothes. There is even a wirehaired 13 terrier that's mentioned several times in the 14 literature. This is a dog that worked as a guard dog 15 in an asbestos factory and came to the attention of 16 jome medical people after it died of asbestos 17 disease, and an autopsy done, and it was described in IS at least two different medical articles that I'm 19 aware of. 20 Q .Thank you. 21 Well, based upon your review of this 22 medical literature, when was a possible association 23 between asbestos and cancer first noted? 24 A The relationship between asbestos and cancer was 25 first noted in 1935 in an article about lung cancer SPJM2122 162 1 in an asbestos worker in Charleston, South Carolina. 2 And I think that article brought to the attention to 3 the toedical world the possible connection, but I 4 wouldn't say that it established that connection by 5 any means, although I think warning flags started to 6 fly at that point. 7 By 1942 this relationship was being 8 mentioned in textbooks, textbook on occupational 9 cancer, to b% specific. And I would say no later 10 than 1949, I would suspect that sons people might put 11 it earlier, but I would say, to be conservative, no 12 later than 1945, I would say that it was generally 13 accepted in the medical profession that asbestosis 14 was connected with cancer. 15 Q What was the significance of 1949? 16 A Well, 1949 was the date, first of all, of a study by 17 a Dr. Merewether on cancer and asbestos disease, and 18 as a result of that study an editorial was written in 19 the journal of the American Medical Association, 20 which was one of the most widely circulated medical 21 journals in this country. And that editorial set out 22 the relationship then, on the basis of the Merewether 23 study, accepted the relationship between asbestos and 24 cancer. 25 Q Did the medical literature that you reviewed also SPIM 2123 173 1 building exposures? 2 A Well, it's -- it's pretty -- it would be pretty hard 3 to do a school-specific study,'but there are some 4 cases reported in the literature in which the only 5 exposure seemed to be schools. For example. Or. 6 Karen Antman, who's actually from the same city that 7 X am from, at the Cancer Institute, has published an* 8 article on the treatment of mesothelioma. And in 9 this article which was published in 1985, she notes 10 that a number of her cases there -- there were four 11 women in this group. And two of the women had no 12 exposure, occupational exposure at all, except for 13 the fact that they went to a school, according to Or. 14 Antman, that was noted to have excessive asbestos 15 exposure in it. So, to that extent, yes, there are 16 cases that are appearing in the literature, and X 17 think virtually our only way of locating cases will 18 be through work such as Dr. Antman's work where she 19 treats patients and inquires somewhat into their 20 background. 21 Q Doctor, Z want to go back for a moment now to the ' 22 early medical articles that you have reviewed to ask 23 you a couple of questions. 24 Were the medical articles that you 25 discussed as existing in the 1930's, for example, the SP1M2124 176 1 Stewart article with respect to plaster, and the 2 Russell articla with respect to maintenance people, 3 were those medical articles available to 4 manufacturers such as the National Gypsum Company, 5 who might vish to take a look at them? 6 A Well, certainly they'd be available to anybody who 7 had access to these libraries, and access to general ' 8 and medical libraries is pretty much unrestricted. 9 Q So I gather the answer -- 10 A I guess the answer is yes. 11 Q Now, based on all the articles that you have 12 reviewed, Doctor, if manufacturers such as National 13 Gypsum wanted to find out mere about asbestos 14 hazards, let's assume that they look at those IS articles in the early 1930's, would one reasonable 16 way to do that be to conduct animal studies? 17 A Well, certainly that is one route that's taken, to do 18 research on the effect of chemicals. 19 Epidemiologists look at the -- you know -- 20 HR. SUOJANEN: Objection, Your Honor. 21 Dr. Ozonoff hasn't been qualified as an 22 expert in any kind of animal study. He reads books. 23 He doesn't test animals. 24 HR. COX: Your Honor, this question is 25 going to lead into literature that the doctor SPilitaS' Pulmonary Tumors in Mice Exposed to Asbestos Dust KtMftirN m. iTMCM. eue.j roeoe e. nvtt. <*<MI t. turn. m.o- a^tN. *. c Since til* Am an of carcinome of the unf uwv^;cU with *#ho-* wu cited by Lynch ud emidi in 19JJ.' there here been numerous reports io the literature of eim* iar cam. Authors rovitwinf the lltvretun L-tcribe ait incidence of carcinoma of tht <11114 associated with aebeitom rwjidf from j"< r lA'V*4 lmU%dvui reports usually ijiuf with relatively small numbers of .sees. doicnbo aa incidence rvifinf from T** to JO4"#.1** In an editorial in 19JJ. Kueperf mtod that W cam of eebostesii arriaoma of tho iunf were oe record aod intribd tho occurrence of 114 cam of pulmonary cansaonu <a 738 u#taped of asbosmu cam cotketeri from tho lltmtun life). &xpurimenul work Ha# not kept pace with tht swcumulioou of clinical data. Aft im created ioddooea of pulmonary nsnon Hu boos recorded da mid foUoerisf 0N tubcut&deoue lAlecuM,* intratmhoal in jection.* iiumosous injection.** aad iahala"os " of a variocy of tubertncei. but only *n* puMUhod statement hae bets found *vffHciuf the isdoetion of rumors la osrcnmmaf animals by tho inhalatioa of a-bmoa.1* T% porpnoe of tho iirrcocifttioti to bo -kxnbtd m that report n# to correlate. if Possible. the rfert of ubntot on tho ludfi <*l m[w i miaul sjmwIi with the *ufju*d mofifeBgODkftf for human subjects. Medved far sdllretd N*e. If. 19J* mu-- of pumofy. itedical Colli e( Thfa edh hao kn iii nd br t rsaoud m. 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Pm>ctae mununaden* m mmttm W air MtWtw ia ttm lim mmm or1a l*J0 tfidwit >hi pvacM mi ttnn SO* mi Am ini ertr '.MtllMt m a JM6 ( iim i**i (a infl * *H4 4( air e**wmt m 90* hmt.^ Mid .wi mm m ihe titumry et Dr. (. II. 0eAa VOi* u dm Geary Untie** ( TaehnUofy %tt< a* IiOmwq HmrAmm mnW* *! Wm *M 2* Ittft: Vlfim tOi- S*. VA. tt im mm Zk*. 2Un. JUpilb C*mtrmt Aatmdi.--kl the (invt (hat this forte vm sMftml tiofc mu Wanwn aliout AC F| flda* and the biotope hataviur of ih<r>e aadtmk ni observed with cmiAidrf afaSr inn not fa fcaemJ. the mmml cohmy was maJaadM wrthoue unrhie dURcuity. end eNdC df the animal* mrrtved until kilWiI it 19 or 24 month* W apy. The fn-aivX mnrtnlity *rw hi the malt fTtmp ami nr Milted, ipparondy. from Afhemf, but vow limcvltr *ru also fwmwutrorf riuriuf the Miuunrr month* -with iafoctina* dieran* ft wa* ortfiMfljr planned to ptrmii ant* tai to Uve oe a full nit span, tut exam* iitAiiAn, <p*.NiaU>' mwmMAoioUy. o( aamtwU whitv wtrt found di4 prvd vn* un^Mitfavtnr)*. and wtiituoi^ Atily ViUcI animAl* ivr tied ttwiii*. *n (h* TTv niHTtM'nftic tpfmonuicr o( cft Um^* ml (Antml AitimAil il Jhomt in Ftturt 1. Ah'tnUr .HfU Aro diiicttt: 4tv4 i ir wU tx^AAiWd. atn( ituwropltayvi. vitirn \f *inalt amt cniinophttic. On* *.r two matt coitmtin/it of l^mphout ei.ur *r (rr* prvwnt. and infUminaion* chann* in touml hut art uncommon. Lar| taitny inacmfihAft* am occaiinnaity t'ouad in nrcat *'( indafliffution. tn TaLii: 1 Uto nccurrvnct mi fulm*>n*ry tumor* in cnmmt mice WitWtl at t9 mnmht < .tf* ir rwonlmt. Only rlu^ turner* *n .tntu-t hi/<Mh<icn(>)` arc invHakil (: hogl*l W pninuti mjt that on mm vcainn a white rrcantmt a* a tumor frrMty provtd i-' b miivmuaiory nn miemic^K* <xamm* tinn. On ih nthor hand, tumor* ivvrc oceuietutlly rmind on microscopic cumina* tioa which had not been detected frotsly. For pfKTtcsi purposes the multi on jrnti atvt tutcm%*npi< examination m the control werv tlK* *am. It i. intervAiinf to neu that ihm teemi to be a aifnidoat difference between (he number nt ntate and ftmale eomrot mica M<fmit* 4XU-Li*miiwiumjiiIm. reteinm* roMmpmt' **uw[>i tlMmKnlIAm--t *i t__h_e___m__i.l.. ___a__l_ir_w_.ali_i_h_i__a__ntl mntatcO Uveou .Mieua/ mils am <Mtaatt art imtc a * ra** MV* ilMI mi WTl'iliiM newrvfhM*! /.mm n .11. SPil212 .1. M .t. .tAOUl'CS 0/* tXOV)Tttl.lt. Hti.U.TH T %mU MCm............ at ie reawe. N*. m Cf a *t TMIWM KIM M MMWT M*M C**ift*t t .YWt/ra )t**t*J Mm wn r* .V*. nr Cm aa aa vetMnma mtem. n Cm * t* n bearing pulmonary tumor* at 19 month* of if*. Malt* drvtiopvd puimnnary tumor* in approximately */<# aiul t'ettuU* in 28<i. Kcwtver, in a imalWr group of mice 20 month* ami older thii ratio ae mtrwil. ami. of 4J itmiM control*. 2V U'*lop<l pulmonary tumor* fdrfei. Of 41 mnU control* in (hit aft group. 24 ilcwkiped pulmonary turner* * J9f<). The nature of th pulmonary mmnr* oh* Hrvp in AC Pi mie* ho* hvm a matter of coni4rUMt imervet m tW* *turfy, and w*l have not fait warmnunl in referring m the neopUema oheerved a* carcinoma*. The rumor* art baeictily papillary adencma*. although xxrm an ttrr cnmpoa and m *ome fields do nrw rrvml a paptUary appear* ane*. Tumor* may be surrounded by ftmli neopUseie maaar* which we hnvt {Jeecribtd ju "tteellita nnrfgi#*": thrir marfina may bo iharp or ilM*rtfterf. they may extend into rh lumen of bronchiole*. amt they mar shew very few ut many mitotic figvrm. but "* have never f-4inrf cvithoav of muteta.<M. Tina abaoiwe Of meaetieu i# tfXJO of ait ge group* exunimnl. but the l*rp%*t num ber* f mice. ae mmtmo*i {Xovka*ly. were in (ho 1% and he JJ-monrit csttgone*. 5omt of the tumor* rfo prowettt refctiveiy malignant histoteths appoormnco, but in 22 cotta-vatim cootrof mire heart* 2! pufmonary mmcn. trtkft *oro M In groat detail, act a sagfe oat w dusiAed a malignant. m on a Metlogic boei*. Other ftadfegt of ituere* tho control animals at 19 month# Incfadml in abnor mality of If* roriculaemfacMfaJ system in HI. This entity U charoutoriewd by splenic eft&rpmem in ttmt cam and alo in nxm by e^cvsmt lymphoid accumulo* iio* in the lungs. tnariterfly enlarged lymph nnlo*. or hepttomcftly. Blood counts wen nnt dona. Pour animal*. ail fem&k*. rfevel- oped vnnpulmnnary tumon. one of <h lirtait, two of the ovary, ami mw of mv Ain. Other brv:*t tumnm wrrv '-it :he affected mice dhi not rgrviw to be kill*'l at 19 month*. Tver /fMimofe.wTbt microtcnpk appear* ancp of the lung of a moM tluetwd for IT Tt*. 4 i Lmu *i tea name a M y. <> li-44 (taaMUel. thPirhUnen^Mr*rOelrduaawar* m*i*i iMiiHdta are ii'wumwn X 441. Pis. t il.nin n* a nmiwt aM tMwme fc.iei ua a tea mm t H--m U-4b). IWt M vert kittul a 19 aamht M apt. in am imam iM *mto Wt hwM m anattr hi-J-tm tr ihe ianpk TS* mi haf* are krya ol Sterner mI preeta a iwdet (tv ykoni xriwa B-39 8-2S *W f-V. 4f. ifuad. IflP rvurc month* i ie !!*" i dusted - J than n* were thu I <kt( <ftor { and conn rntwria). * of brown | were (ou , ^omrolt. 1 within m? 4ut(rf *J'' I* ( IfUftu* v.tn* <hon I arlaaoi hod T iiing# of alu V * It) to 20 bou in om mierc I nrt ws* giob . *vn itnifh j bndln parna *j mnemphagta. u*r\ uuuUy \ ni St ______ HeUMIVM I iwie .^1, SPM212* * * W.H. HC.4l.Tt/ MWMmM S. 4 p Civ 1 IS coumi *r*re i! fctnalw*. devti. ^r*. mt of IN awl one of tN wm wen. but .m ive to he killed .-neo^tic appear>v lu>htl tor 17 * At WIV *m v i>f.Moniinwen*ir. xwa^2ll*1. *W4giMVMUitt*tl 0)I ltv&<-*(4 W if*. In ** * 4ii (eintaUv i lum#fritv* (liatfurfnrft e-2 a If J/ww*. asr ft UtuWiMY TVitOMS /.V itICC tXtQlMD TO MitJTOi (>VST month* and killed si (he age of 19 month! if iUustmod in figure 4. The iuufs < duitcd animals Appeared greyer and lirgv then normal (Flf. J). Alveolar walls t thidtened; mocropNft! wero s greet deal iflore numerous end were usually foamy ui contained a great deal it tiny graaulif ittMvnni. "\lu(.N Coarse granular particles brown material. probably blood pigment, ucrv found in test animals ss well as ia vomroli. but larger golden brown partidea ithin tnaurophsfee were found only in the dusted animals. These were thought to he bodies, was also frequently observed in mice. Bodies more titan 20m in length were frequently nan, and the longest recorded tonftfi was 40m iT fftti majority *ere shorter than 20m- Hilar nodes were not noticeably enlarfed and apparently were not invoked by any speeiAe proem rented *.q aabeetot. Pulmonary tihrotit did mu <vvur, sort .]uamAus metapiasia of bronchial eptheihsei was not found. Inflammatory ehanfee aivl brm*chwvt\eie were commoner than in tN control animals. The occurrence of pulmonary tumors in dusted mice killed at 19 months of aye is shown in Table i. Only Utoee tunrs vmiArmed hituttefuafty are included. TV mkrwepic appearance it thoe tumors was in rtn rigniAant tvay .tfrferrnt from those described in tN control a/timeii. A>b*:> bodies were rarely encountered within tN substance of the neoplasm. Consent iiT\*.le4m--iieA).jNfmuen 1m*1b?mim* hmeodrmi leaefw--mHweemder vvfiuvsntiottheW rrafUlMarva"imnne--nNeairn.*>t*ivm* wi x att asWeroe hodle* about samfl chunks and very short Ibers of ssheetre, Efeofisod asUaree btdtol (fif. 6\ west found in the taup of shunt tray dimed mcuea. sad 10 to 2 bed* wi let infrequently found in one odtmnfk section. At tim on d woo ftobufcr, but man frequently they 'to straight or earring fohks brown Mee pastiaOy engulfed by lam `'`uacy* "^xnyhofoe. The "lacked coin" appear* hncr. awaatty denribort in human nlnwe Studios referred to previously dealing with human cases of aabeetoeis strongly suggest (hat then ia an increased incidence .if siKdsted carcinoma of the lung. It is imporaot to boar ia mind, however, (hat there art no very large grope of cases, and esM Is beset with tN problem of deedinf ibofftef the casts reported are weighted ia fwor of a high inridenee of amnoma by erteoion. On dsa ochar hand, no consistaatlv high incidence of puimenary cardnoaa has appaorvd in reports of casts of sllicoris. In fact tN incidence of pulmo* navy cardaeon in tiUeosu seems to be relatively Iter, and one writer ** tufguau the pesdbiiiry that sOlcteu may protect in paiieei from tN ISNUinml of arvinoma of dM bag. Taeu 1--.fC r, Hy*H4 J<lmt Tttt itk* * SmtHtm It, 1 1 pi X-- N. M40es m e vT*k-wr^ueMe . n. m Cm 99 M. ifetw.teewow M ** m Cm tSm N fu w9 H At m SM2i I ji if. i A. it. A. AtCMIVtt Of tXOCSTnUL Htu.ru The re fertncos whkh doacribo animal indies lft_flot -yarded* u ^? !!'* dsnn for tht gtotrimeacal production of u6imii< carcinoma it iho lunf. Km matwi ** ripen*~a number el lAistncoe and jyper of spitMJisl cftaafe hut found only two pulmonary tumon in 10 mica tivmf to the "cancer oft** of 240 day*. The number, therefore. it very imstt, and no suitable control *nuntil arc mentioned. Gordrwru apparently rtfardodI hit observations--a* mtftly'iufptUvo. Th worttw*t done in a itutfv or~pm.Himwomo>u. Ami tho inci* Pence of ^naturally oosurrinc pulmonary turner* was not rnaMifhcil <of tho tost animals of for the eoraraU. ^ftio^aiaSSi ISd JolKio irudr. aico. art probably poarty suited for thoptsry>ser"'n>o tfacSeufareneftm Into it ff <WMli and tho nasophafynnal fUtorinf apparatus if proftaMy hifhlv iMeettc Mkt rtadllv ionn_a*6jo* bodies.. frit pulmomgihmu if iu^e3ucBL Tho Ucur dunff bo a futon MMntai to the amidparod p- theiUl alteration*. At kut. to studio* oqn in prtfrtu in iehkh doft ara uaod. puf* roonary llbrceie i pmiucod sad then U a profound arfociatsd squamous metaplasia of bronchial tpithrimm. It t* quit* possible that forurt_ wnrit ihculrt bo piaaaod about ?finwTTtvrri<nH`ncojf ntwlv .!eloping a#bcst*wi< in waa to fommotoir very "low .n mis nme. anti'WPW primate 6<tt suited for future tttxilo* xttn* m ho tht monkey. Asbestos Honu ?TF2 U a difficult mo* ffrial wuh which to work i* a otilWt widi high Humidity boaas* of ds hj'groeuapfc tuxur*. Ry tho mt of boot kwpi. hmrmr, it mj pntriMt to hoop tho tanft bin reasonably die* and ait rttso coqiki wort errtaiuiy far abo^e those in whioto homon aibovtosis Imptops* tvm da* bsur counts of tjO.009.0Q0 panirio* ptf cafek fool an 15 tiiooo fnttf than ierrta ax KWi human ifbutOMs is ttwttfht to hi a dMiftr. Harrida lontth i* a factor in hioMfl vUuoii*. Th qu&atirm of ubonoa f* tonal of various tsnftht rvadiinf tho tuaif] Y.J of tost rfliet art oot known. It i known, howovsr. that a luAdmt quamiix* of (throua matonsl rvah<( tho mnuao luttff in protlov* abrtoa boHWi in frmr numbors and (ht tho fttno material it vapablo of prMwmf Ahrosis Hi dofi. If tho abiUfi* to product asboftosi*. thortfor*. wort uvmatod with arcinoftnjcitY, thon Asbtstor Floats FTF 2 should b* eapabio of producing pulmonary tumon. U tht antieipawd fifo iptn M .\ hmlihy mouso is vorunkrtil to bo 30 match#, thro tho txpofure of our animals for prnU *A 17 and 22 months should somspond to **rr' adoduato ponods of human mpinurc Ao was tmntlonod sotiWr. smmals van oxpoooil tn tho dust at 2 months m af*. and tho Urftf roups von idiWd t 19 and 24 months, mpcetiroly. Tht rtsulu fumoiariffd in TaMo 4 show that thon Is no ttrikiny difFonnct bsuroin tho total mimbof of eomrof and tost animal' bounnd (uaf tumon. tho ftyuns betne ip> pnrriimttly 4dli for dunod laimaU and W"< for oomrol anumla at 19 months. Thon an 7 posiibtlttioa in 10Q that this ditfonan mifht bo duo chsnct. This difFonnn is oot ifarlsttcsfly lijniiWant.* Thon wa> a tmridvraWo m\*arrcticw ( multipk iunr tumor# in both tht >lutvl a*< tho cr*tm4 TsUc 4 #hr*4 *li;' inwirkmvv u l^f uil $rf f*-r :i* tw.. fnMp. fN*#pwti\Y)r. tho #am< fionwi* La. thn an only 0JI vhawn in Ifn thar thr lUdvrsan is a vfcaaa dltfcntwc. This variation is watistWitly sifniftaoc. A pmii- blo intafprowtion of (Ms nhoomtinn is that, ffrma a freup of animals with a similar tondtocr to ckvoMp pulmonary tumor#. thi * In mlmdof dha rwrM imdodci. ths *< vd trror is umpwaS a tht ha o( tu ;'.* in* forttolo: vTt n/.Y, i/Wi) am tmmat t in--spa wow nw y#otudir it mM aosii Tl*t |r*>inBhy of nmw of iba iiuo! *** o tba bsois of 4mm to i'i aid V*i t mm* bos o< uMrind mm ridi NuT* uMa iu is. :u-: i*sr > . { 1 j | i J t j I .* ( , { ( > l { . < j t A j I ntMoyAxr Omi Tms Own.-- rm(<om.m TUTlWMUIttr icndoncy if it ubtstos dust. . bccomt tvttlan:. into tht wititiy mrnt far the " a *usctptiblo ion. tho mon of hast susetpt: Mo appmiab hutoMfit chart nwi in tho du; Is tho abfoncc <*. thr torm canir iwfi MopUsras cfdeally. tho Pr fnnnaiieits in in*uAcitnt 0vii thr accumnc* c mens. Tho for(nr muttipto ft\ is* a mult of *' Inst KsiUAIW*.'. n*<rl ftthfdlvfj Khtf appearance rv^ulariiy ..i um < "iafUtration. th eytolofte ev aaney. Cnlarfeti ttrod not mfm^ jrilmeaafy tumet Summai \*r P> ;nivtr w pl * .vs coettautm { # various Wngt Hie brywt r'<H*iKd#f 12T ih.-r osposuru f compared w ! - : rr At, SPBS2131 TV **. tfC.tt.Tlt r.. It >| kftOnfl. :i.*.!nv ot Kbreui to priMtut* and rh.tr ' of prfduwmv *o product `.oc!*td ui>h nf ?.n\ :. :.tv pulmonary of * htfllthy ; utOMthi, then :r periods of mrnspood to v-t.tn v.-cposurr. AiuifuU were of .fr. ;%! M 1^ tftrf 2t *. Table 4 (how `rvn<r Lotnim -.- J t animal* Tiff* baf p i antowli tad 19 month*. - 100 that thi* sh*r.<t. This -nme.nnt.* %urrvMCf of u- >lutrl Slid 'f.wf that thi* * for the two t .tine formar* in 100 that v truer- Thi* ; ant. A po**" smoii is that. *lt a tirmlAf .* iu:nori. this nut. th* stand -if i* | j 1 | | j j * { * , j 'j ' t# .i.-umI iimM -. in-m ihe I-- * * tlt. ./ .1/*m0. tfit li tXlMOXAAY TVitOttS IX it/CS iXPOSiD TO ASOiSTOS DUST __________________ T*m t.-*4C7 HyifU ititt: Swmmyy OMM THU 6*i.. tm K* a* at MUli Cm"* n* m _faVa>toftmwwl t m tw"" a 9 m*Mw<*jtnA* o >*. Mr Cm"" nw ms n Tu wmmx <m iwm im>m u timn hw^wii wm dm w imwih mmuh>*m. rcit&ncy i* accvntuauni by the inhalation of Prtnury funf tumufi were Itutmtirntcd asbestos dust and rauUlctmric foci of ori{in microseoptcaUy in 409b of the dusted mice become evident. Such on interpretation Am and In Id'* of the control animals. uuu the widely held betfef that one require Multiple pulmonary turnon were demon* ment for the effectiveness of a carcinofin i* strated in Idfi of the dusted animal* and a susceptible boat. The wtaker the cardne* in 891 of the control animals. fen, the more important become# the factor Xo lifRtitctnt hUfidofic or cy^Iofie d</< M host susceptibility. ferenet was observed between minors in Xo appreciable difference it nnwd in the the control and the dusted (roups. 'li.tclofic characteristics of pulmonary tu X* clear-cut proof of .-tuitftuAey wae mors in the dusted and the control frtwps. found ist any of tho hmf tumors studied. in the absence of inr evidence of metastasis We have been unable to A9*a*tr%t# ist the term carcinoma should he applied to mefc neoplasms with |mt caution. Spetiflcsily. the presence of small neopUstie formation* in the riomty of larjtr onoe it insufficient evidence of mailfnaaer. aa it h+ >Kcarranee of invuloo of broochis! Its* >t*. The former it avm likely evidence inr multiple foci of orifin. and the latter I* a remit of jrowth ia the direction of least resistance. Both Andlafs may he noted rapid--s of the histolofit er cyt* icfic eppearame of the primary Wife* Ip rtfuUrity of tumor marfiiu. the appearance of "infUtratioa." i$ suaHarty unrelated to the cytoio^to orfdeace of possible mallf* naty. Saiufod lymph node* are enesuo* proof of the amnooewietty of asheitos under tho condition* of thU exoenment. hut the increased ioedeace of multiple lunf tumere in lasted ennneli must he mfir^rd aj a pneeibW acceanubon by the inhalation of libel-- dost of an taiitinf tendency to develop bnf turnon. Future experiments with asbestos should include the uee of larftr ammsts. probahly monkeys. The equivocal nature of this report does not answer the questions raised be actumu(atiflt clinical i-rfcfcnct that srhestoeis is nroefly associated with, and therefore a poeiibie cause nf. pulmonan- carcinoma in man. la -- thaw* at sseeri--nul ammais eery itroi not hut meastauit from Mold sdviee ns --M hf H. 3- AnOvr--t. pHowemry tnaort Hu ooc hem founrf. Wader Mmm. -- UsrS W. U. at th Xo- de-- Cm-- fenii-- C 0* Ci*--. OaiWaf aod CofMluaion lm>u--w a the Unbod Cebece ef S--h Cm-- protend r--Me asssunrs in desi--nf AC Fi mkt wtrt tapoeed to dusty atmosl*hrr7i conainlnf Asbeetns Fbsais rTF*2 ;*r various Wnfths of time. mf ashUMi the --nseal mijmeni .Uvies and ae--e m ihs ie--> t duet gam- inf nra perild kr W. C. Ciethr* ef the S--h C-- State Seord ef Hsolth. ant Dr. L. M The largest siti|k enperimenul froup cmu>iitnt of 137 ml--Is kilWit at 19 months 4ftrr rspoeore for 17 months. This froup hm% of -- Ceer-- Swe lead ef Health. Mur tee-- ns ru--red hr Behan A. Seen -- Uiee Unf UeU--, ef the O--rt- --a of Uetfml fSm--. Uetf-- Cefl^e ef *'* ^oniparod with 28 control arttmaU. 9--k Caret--. t.rmH h At 211 n*ilriS2 MI * 1#11 o . i :;:! i i 4/. A. .lACHtrCS OF tXOMTMMl HtALTH \2ttnnirj. Hwpuli 1300 C*w**r Awu Mk4iMi 1 \VU (Dr. itonr) mtuHCti I. Lr*K KILirt Milk \V. Xi PvteorAtfMi Cirnnaw H Limy AsMam liitrMU. Am. /. Cwm 14;i*** Vfcy) Hi*. 1 W*Uf. K. >V.: .SiktMMt m*4 Umfwknfci. DmkJw M(i Wchter. ** J7I (Am* ) 1UJ: tttmte. lull Hr* IVXJ (iUr> \WA 1 iX*rrTta*<, ft, ft. A,: AiumI Rtyn ( iM 0**( lw|uw of ftctaAn, Landau. Hii ihmir't Sm>w*ry OAct. tW. 1 \Wer* M.: ****. Pi?tr*l. M. i. li dJt4 (On) 1VI. J. Lynrt. K. iL ml Cjn v\\ y, i Adcr* iMio Anuwu *< a# ` N7crpt*4 Cam. Dio Cw U;iN-t (Xo*.m.) M 4 HmMiyar. P.: Caiartdann < Primary Camnama ! Cray* m Fvtmmmey .U>mwmi: Antyta < Uimnr* ftrram ( 3 Cm* Am.;. Pun. ifimitt <$#*>) tMJ. T. K^r. 'V c. Ste-*. Amttnm. an Caiwar M (M Imp, Am. J. CUn. Patfc. il:|J0U UW (Dm.) im 4 SUtek it ft. Ml Uttar. (mJW filiwiwy Tmar* i* XJaar Jtam atf Qmm IrrtauM \m tn+mam tt Pdm--ai y Tmaart m 3v*m a ite J. ?fn tear (am l:J4lU* (0*1) l*A 1 I Shtmkin. 1L ft. i PnMm tf te T**mn # )fi*t ly Imtnmai Ateattmna ( CamaafanU Hyaramrtanf. Am. r. tear ii fA(Wl) I9J0. (0. SMmkm. 31. and L<**. &: P*rtAm titllumifina Inrltatimi i ftwlnwry Tunar* m imm a MU* hr Cminayww Hrdranrimn r N*. Cancar Inn JsHMl# tAani) 1141 li. Camr^miL ,f. .^: Lauy Tawara m Min and Mm l)#ii. if. .1. 1:IPS|*J |P4 li) !9U f *. [ J ) I { II X*rtm*Mt if. Ml 5>Vt. A.: LiMinkrtk* kinth Ak*MxuA mi TUmr*u, 2trhr. Krk*. (ni^ch. )! Cut, 11 Oanimr. t. 1*; CoimWiAmi iiiv * ( j U ftfiinvf. I. t: ihifiM/* Tnmars m ifivt m RaUtimi v Am j. fmnr J0:D0.U| i.fitfr) 194/. / | li. Artarrmt. (t f-: 1im*A.1iir ( in ut Sm iix iihi ImhM*. MW TmmtrtrnuM Tmm: C*rm*iuv Indy ai I Suim Pu4 Knltt ft^. J4;14i/.ilM (Jm* U) l*A 14 (s^imr. L l*. mri Cmammyi D. R.: 1 5iimln vn ftA|fMwntal inMnMwii. !. imtem < Athmm Dmt lu Um wo 1>. mr Tlirmmiw UianlM J. Mm Mr* U:ftMl *r4); f (Kan*) 10)1. 11 Sttoan. t: a Site nr UMW> teflM. >1% Pa* Hr177.3# (On 3* 1*91 | J * i I- > ( / m Dust Ex: Incinerat mwm m *< Tim \raWvp TXirch purpr k-m in diipnv (tfnaii toe innrtat wtiich r. an ccptrimrr cjf andqns. and m4 plane or amicipal 1 attnohm mi vaaMs. Dvnis portion . si (ft# m ia U rolaiflo or ; fcmftmtion gn invintmar wi: 4r|m#nod on invinawtor an> (hii bvnimf wa*i* mi*h r ilrtm o{ lilu *iH rorftin me *n!lil voice prr in inftff ot m> hortdl) prorui oliimat# &piu T**n* on cr int ndMaocnp tfwon tore i Utr imnpn V Iftr itntnf* (n W.i* <uft ia a (v hni^mal (ram COttactini a Maned to hi Item Ky JU .^ . t * *.' . . .* ^ .3r*y spifcm *> pertinent comment of Dp. Murphy*el './hat, ere the facta regard ing th* control of theae animals reported by Gardner ae the basis for hie requeit* DR* KURfHX: You notloo bo oelle It an uncor*-* v_* experiment* ao I doubt if he knows the normal lung tumor rate for hi a oLAlmalo. Ho gives 18 per cent in 143 anianl*. It la rory hard to get a etraln of mice that gives much lower than 3 or 4 per cant, and we hare aosa atralnc that give at high aa 0 to 80 per eeat normally. 1 vouldn't ooneider that figure, uncontrolled, ae of any elgnlfloanee whatever, unloea X knew the etraln of the animole. knew it waa a low etraln; and of eourao that la the whole danger In having a project of thla kind carried on In an institution where they have absolutely* no experience with animale in planning eancer experiment*. X; may be veil worth doing, but X doubt if this la oulte the way to do it. BA. IFanCfcR; After you eatabllah cancer in certain etrains of inbred alee, tad maybe others are sort resistant or loss resistant, you still can't reason from that to human beings, from such an sxpsriatnt to human being*. Isn't that trust OR. UUKMY; X think ao. Un. SRakCfcR: Wouldn't this sxpsrlaont bs Just establishing another carcinogenlo agent'* when we know newpence are being found nearly every week or oo. SPM2134 EXHIBITS TO DEFENDANTS* REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS CONSPIRACY CLAIMS SPW2135