Document waGaZv6kbmObbypXMK2Z9Mwd

1 313 a43~ 1 IN THE CIRCUIT COURT OF KANAWHA COUNTY 2 WEST VIRGINIA I 3 4 5 IN RE : ASBESTOS CASES (III) 6 CIVIL ACTION NO . 92-C-8888 7 8 ORIGINAL 9 10 11 12 DEPOSITION OF : 13 DATE : 14 TIME : RAYMOND D . HARBISON, M .D ., Ph .D . March 29, 1994 1 :10 P .M . 15 16 LOCATION : 17 18 19 TAKEN BY : Radisson Hotel Salon F 2900 Southwest 13th Street Gainesville, Florida Counsel for the Plaintiffs 20 REPORTED BY : 21 22 23 PAMELA A . CHORLOG Registered Professional Reporter, CM Notary Public, State of Florida at Large 24 25 SCRIBE ASSOCIATES, INC . 2 1 APPEARANCES OF COUNSEL : 2 ATTORNEYS FOR THE PLAINTIFFS : 3 NESS, MOTLEY, LOADHOLT, RICFIARDSON & POOLE, 4 BY : CHARLES W . PATRICK, JR ., ESQUIRE Post Office Box 1137 5 Charleston, South Carolina 29402 (803) 577-6747 6 and 7 GOLDBERG, PERSKY, JENNINGS & WHITE, P .C . S BY : BRUCE CARTER, ESQUIRE (via telephone) 9 1030 Fifth Avenue Pittsburgh, Pennsylvania 15219 10 (412) 471-3980 11 12 ,^ 13 14 15 16 17 18 19 20 21 22 23 ATTORNEYS FOR THE DEFENDANT WESTINGHOUSE : DAVID K . HENDRICKSON & ASSOCIATES BY : DAVID K . HENDRICKSON, ESQUIRE Post Office Box 11070 Charleston, West Virginia 25339 (304) 346-5500 ATTORNEYS FOR THE DEFENDANTS A & I COMPANY, NICO and BBAZBR BAST, GOODWIN & GOODWIN BY : J . DAVID FSNWICK, ESQUIRE 1500 One Valley Square Charleston, West Virginia 25328 (304) 346-7000 INC . : ATTORNEYS FOR THE DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY : TARASKA, GROWER, UNGSR and KSTCHAM, P .A . BY : DAVID B . BLESSING, ESQUIRE Post Office Sox 538065 Orlando, Florida 32853-8065 (407) 423-9545 24 25 SCRIBE ASSOCIATES, INC . 3 1 2 WITNESS : I ND E X 3 RAYMOND D . HARBISON, M .S, Ph .D . 4 Direct Examination by Mr . Patrick 5 Cross Examination by Mr . Carter PAGE 5 . 72 69 6 7 EXH I B I TS 8 Plaintiff's Exhibit 1 (Notice of Taking Deposition) 6 9 Plaintiff's Exhibit 2 (Witness Disclosure) 6 10 Plaintiff's Exhibit 3 (List of claims) 24 11 Plaintiff's Exhibit 4 (Memo dated 9/17/63, 12 Subject : Health Hazard, Kaylo vs . GPL-400) 24 13 Plaintiff's Exhibit 5 (Curriculum Vitae) 53 14 15 Errata sheet attached 16 78 17 18 19 20 21 22 23 24 25 SCRIBE ASSOCIATES, INC . 1 PR 0C E EDI NG S 2 MR . PATRICK : Did you want to put 3 something on the record before we started? 4 MR . HENDRICKSON : Yes . Just to maybe 5 help you out a little bit, Dr . Harbison is 6 being offered to testify about toxicology and 7 pharmacology and their development and sort of 8 as a demystifier of the use of asbestos as a 9 mineral . 10 He has not reviewed the medical 11 literature and will not be called to testify 12 about the state of the art as far as medicine 13 goes . He has not reviewed any Westinghouse 14 documents and will not be called to comment 15 upon anything that Westinghouse may or may not 16 have done and will not be used at trial to 17 testify about the 0-I documents that he has 18 been -- the Saranac Lake study primarily that 19 he has testified about, Z believe on two or 20 three occasions . 21 Is that correct? 22 THE WITNESS : That's correct . 23 MR . HrNDRICKSON : So I just thought I 24 would put that on the record so that it may 25 help you out . SCRIBE ASSOCIATES, INC . 5 1 MR . PATRICK : Okay . I think that may 2 shorten the deposition a good bit, but there 3 may be some questions that relate to some areas 4 of prior testimony . I understand he is not 5 being offered to opine about the Saranac 6 documents as it relates to Owens-Illinois or 7 Kaylo or whatever, but that may come up just in 8 terms of his understanding of the medical 9 literature as it pertains to asbestos, if that 10 becomes an issue, and it may not become an 11 issue in this case . 12 MR . HENDRICKSON : Okay, that's fine . 13 Thereupon, RAYMOND D . HARBISON, M .S, 14 Ph .D ., being first duly sworn, testified as follows : 15 DIRECT EXAMINATION 16 BY MR . PATRICK : 17 Q . Dr . Harbison, my name is Charles Patrick 18 and I'm an attorney representing the plaintiffs, one 19 of many attorneys representing the plaintiffs in 20 this consolidated action in West Virginia, and it's 21 my understanding that you are prepared to testify as 22 an expert witness on behalf of Westinghouse in the 23 West Virginia asbestos cases . Is that correct? 24 A . I've been asked to prepare to testify 25 concerning pharmacology and toxicology with regard SCRIBE ASSOCIATES, INC . 5 1 to the general area of materials, including many 2 different types of chemicals . 3 Q . Okay . Let me show you the last page of a 4 witness disclosure that has your name . 5 MR . PATRICK : And if we could, let's mark 6 that as Exhibit 1 . 7 MR . HENDRICKSON : Do you want that as 2, S the notice being Number 1? 9 MR . PATRICK : Yes . We'll have that 10 Number 2, since the notice is Number 1 . 11 Q . And if you would just look at it . And it 12 states, "Raymond D . Harbison, M .S, Ph .D ., practices 13 pharmacology and toxicology . Dr . Harbison will 14 testify about the evolution of toxicology and 15 pharmacology as it relates to all substances, 16 including asbestos ." 17 Now, with respect to that portion of the 18 witness disclosure, is that the understanding of 19 your general testimony that's going to be offered in 20 this trial? 21 A . Yes, sir . 22 Q . Let me stop right there . When were you 23 first contacted about this particular proceeding? 24 A . I would estimate it was probably about a 25 month and a half, two months ago . SCRIBE ASSOCIATES, INC . 7 1 Q . end who contacted you? 2 A . David Hendrickson . 3 Q . And I believe you have testified at the 4 request of Mr . Hendrickson before? 5 A . I have . 6 Q . And that was in a proceeding in West 7 Virginia? 8 A . Yes, sir . 9 Q . And when was that? He was nice enough to 10 fax me the direct examination of your testimony in 11 this case, but I don't have a date . Do you know 12 when this was? 13 MR . HSNDRICKSON : Can I answer it? 14 MR . PATRICK : Sure . 15 MR . HfiNDRICKSON : It was in March of last 16 year, around March 15th or 16th . 17 THE WITNESS : Of '93 . 18 MR . HENDRICKSON : '93, right . That might 19 not be the exact date, but it was in the middle 20 of March . 21 MR . PATRICK : That's okay . I don't have 22 the cross, but I see Mr . Lipman, and I assume 23 that's David Lipman from Miami, Florida . 24 MR . HENDRICKSON : The reason I didn't 25 send that, Ann said send the direct and fax it . SCRIBE ASSOCIATES, INC . a 1 I would be glad to give you the cross, too . 2 I'll be glad to furnish it to you . 3 MR . PATRICK : That's fine, and I'm not 4 complaining about not having the cross . 5 Q . But it was David Lipman who did the 6 cross-examination? 7 A . I believe that's correct, yes, sir . 8 Q . And in that instance you were testifying 9 on behalf of Owens-Illinois? 10 A . Let me say I don't testify on behalf of 11 anybody, 2 am an independent practitioner of 12 pharmacology and toxicology, but it was certainly at 13 the request of Owens-Illinois . 14 Q . And at the request of Mr . Hendrickson and 15 at the request of attorneys for Owens-Illinois I 16 believe you have reviewed, at least reviewed prior 17 to your testimony in this case, certain documents 18 from the Saranac Laboratory as it related to tests 19 concerning Kaylo? 20 A . Yes, sir . 21 Q . Now, Mr . Hendrickson stated for the 22 record that you have not looked at any documents 23 pertaining to Westinghouse . Is that correct? 24 A . Yes, sir . 25 Q . Have you looked at any documents other SCRIBE ASSOCIATES, INC . 9 1 than the Kaylo documents or the Saranac Laboratory 2 documents that may pertain to asbestos generally? 3 A . Z have not, other than scientific 4 literature and other information that I am generally 5 familiar with . Nothing specific . 6 Q . Okay . Let's go back to the witness 7 disclosure . It says you will testify about the 8 evolution of toxicology and pharmacology as it 9 relates to all substances, including asbestos . And 10 I know this is a general question, but could you 11 explain sort of what that means? What is the 12 expected thrust of your testimony in that area? 13 A . The science of pharmacology and 14 toxicology as it relates to the evaluation of the 15 effects of substances on the human system, as it 16 relates to dose-response relationships and the 17 evaluation of levels that are without effects on the 18 living system, the evaluation of the potential harm 19 and benefits of materials . Generally the concepts 20 and principles that underlie the practice of 21 pharmacology and toxicology . 22 Q . First of all, is asbestos a toxic 23 substance? 24 A . Well, asbestos can be a toxic substance, 25 n all other substances . The level of exposure SCRIBE ASSOCIATES, INC . 10 1 will determine whether it's toxic or not toxic . 2 Q . And in what way is asbestos toxic? 3 A . Well, if there is excessive exposure to 4 asbestos, it can affect the respiratory system 5 resulting in a fibrosis or a pneumoconiosis, known 6 as asbestosis . It may also lead to an increased 7 risk of cancer of the respiratory system and also an 8 increased risk of a mesothelioma, or a cancer of the 9 lining of the pleural cavity, or of the cavity of 10 the body . 11 Q . And when you say excessive levels of 12 exposure can cause these diseases, what do you mean 13 by excessive? 14 A . Well, there are guidelines for levels of 15 exposure that don't pause those effects to occur . 16 It would be levels that are considerably above that 17 that may lead to those effects or those changes or 18 that increased risk . 19 . Do you know what the presently existing 20 threshold limit value or permissible exposure level 21 is for asbestos? 22 A . It is .2 fibers per cc, or per 23 milliliter . 24 Q . And who has set that standard? 25 A . Who has set it? SCRIBE ASSOCIATES, INC . 11 1 Q . Who has set that particular limit for 2 exposure to asbestos, if you know? 3 A . The Occupational Safety and Health 4 Administration or the American Conference of 5 Governmental and Industrial Hygienists, which is a 6 guideline, not a legal standard . OSHA is a legal 7 standard . S Q . Is it your understanding at levels below 9 .2 fibers per cc would not result in an increased 10 risk for either asbestosis, lung cancer or 11 mesothelioma? 12 A . Yes . 13 MR . HENDRICKSON : Hold on just a second . 14 Could you just separate them out one at a time? 15 Q . That's fair . Is it your opinion that if 16 you abide by the permissible exposure limit -- let 17 me rephrase the question . 18 Is it your opinion that an increased risk 19 of asbestosis does not occur if exposures are less 20 than a PEL of .2 fibers per cc? 21 A . That is correct . 22 Q . Is it your opinion that there is no 23 increased risk for cancer, lung cancer specifically, 24 if the exposure is less than .2 fibers per cc? 25 A . with regard to the occupational exposure, SCRIBE ASSOCIATES, INC . 12 1 yes . 2 Q . And the same question for mesothelioma, 3 is it your opinion that if exposures to asbestos are 4 below .2 fibers per cc that there is no increased 5 risk for mesothelioma? 6 A . Again with regard to occupational 7 exposure, the answer would be yes . 8 Q . Now, what do you base those opinions on, 9 what specific document or materials or whatever? 10 A . Based upon my knowledge of the 11 permissible exposure limit, the Code of Federal 12 Regulation with regard to the permissible exposure 13 limit and the use of the permissible exposure limit 14 in the workplace for a level of allowable exposure 15 that does not significantly increase risk for any 16 disease, including cancer . 17 Q . Now, at what point would one have to be 18 exposed above the permissible exposure level of .2 19 fibers per cc before there was an increased risk for 20 asbestosis? 21 A . I haven't done that, and it would depend 22 on the length of the exposure, it would depend on 23 the fiber size, it would depend on the respirable 24 characteristics of the fibers . All of those would 25 be important considerations in evaluating that risk . SCRIBE ASSOCIATES, INC . 13 1 So to evaluate the risk, one would have to evaluate 2 the exposure, which would be dependent upon the 3 individual, where he worked, how long he worked and 4 all of those other factors, to evaluate the 5 exposure, which would ultimately determine the 6 potential risk . 7 Q . Would your opinion be the same for 8 asbestos-related lung cancer? 9 A . Yes, it would . 10 Q . How about asbestos-related mesothelioma? 11 A . Yes, it would . 12 Q . Are you aware of reports in the medical 13 literature that have demonstrated cases of 14 mesothelioma where exposures to asbestos were 15 relatively brief or transient? 16 MR . HENDRICKSON : Once again just note my 17 objection to the fact that he hasn't reviewed 18 the medical literature, he is not going to 19 testify about the medical literature, it's kind 20 of outside his realm . 21 Hut if you have an answer, go ahead . 22 A . I really haven't evaluated that . 23 Q . In your prior testimony that you gave in 24 1993 I noticed that you talked about a number of 25 substances, polyvinyl chloride, salt, I believe you SCRIBE ASSOCIATES, INC . 14 1 even talked about water, various substances that 2 were capable of becoming toxic in excessive 3 quantities . Do you recall the general thrust of 4 that testimony? 5 A . I do . 6 Q . Have you attempted to establish a 7 hierarchy, a level by which you can put either 8 polyvinyl chloride or cyanide on top and asbestos 9 somewhere below that or asbestos on top? Have you 10 tried to do something like that? 11 r~ 12 A . For what? Q . For any toxic chemicals or agents . 13 A . Well, it would depend on the effect . So 14 one would have to look at the response in order to 15 rank the effect or to evaluate the potency, so I 16 haven't done that . It would depend on what one was 17 looking at, whether it's mortality, morbidity . What 18 the evaluation was would determine the hierarchy, 19 that is, the potency . 20 Q . In your opinion is there a safe dose of 21 asbestos? 22 A . Yes . 23 Q . What would that be? 24 A . The exposure below .2 fibers per 25 milliliter and even above that, at some level above SCRIBE ASSOCIATES, INC . 15 1 that, and I don't have an opinion about what that 2 is . It wou ld again depend on the exposure . 3 Q . You wouldn't know what a dangerous level 4 of exposure to asbestos would be then? 5 A . Sure, I would . I would have to determine 6 that based upon the potential exposure, based upon 7 what the in dividual was exposed to and how long that 8 individual would be exposed . 9 Q . Have you done anything of that nature for 10 this case? 11 A . I have not . 12 Q . Are you familiar with the OSHA 13 regulations as they pertain to asbestos, and in 14 particular the document that's dated June 20, 1986 15 concerning asbestos?16 A . I don't have complete familiarity with 17 it . I woul d have to look at some passage or some 18 part of it . I don't have complete familiarity . 19 Q . Are you familiar with the fact that OSHA 20 conducted a literature search, a review of the 21 medical lit erature in an attempt to try to determine 22 the extent to which asbestos was a dangerous or 23 toxic subst ance? 24 A . I am not aware of that . 25 Q . Let me just read from Pages 22615, and SCRIBE ASSOCIATES, INC . 16 1 this is a document dated June 20, 1986, and it's the 2 introductory paragraph for health effects . It 3 states that, "OSHA is aware of no instance in which 4 exposure to a toxic substance has more clearly 5 demonstrated detrimental health effects on humans 6 than has asbestos exposure .11 7 My question is, do you agree or disagree S with that particular statement? 9 A . I would have to look at the context in 10 which that statement is made, whether that's with 11 reference to an overexposure or in reference to an r~ 12 effective dose . I would have to look at the 13 context . I don't know . 14 MR . HSNDRICKSON : Do you mind showing it 15 to him? 16 Q . Sure . (Hands document to witness .) 17 Well, Dr . Harbison -18 A . I'm sorry . Can you tell me where that 19 was? 20 Q . Yes . The third column, last area there, 21 health effects . 22 A . (Peruses document .) Okay . 23 Q . My question was, do you agree or disagree 24 with that statement? 25 A . Well, I would generally agree with the SCRIBE ASSOCIATES, INC . 17 1 statement that there are clear effects produced by 2 asbestos . I wouldn't take one sentence out of 3 context and cite that there is no instance in which 4 it is more clearly demonstrated . I would certainly 5 agree that for asbestos there are clearly 6 demonstrated toxic effects that can occur as a 7 result of some levels of exposure to asbestos . 8 Q . Doctor, in your opinion at the present 9 time would the use of asbestos-containing industrial 10 insulation create a hazardous condition? 11 MR . HENDRICKSON : I'm not trying to 12 nitpick . Because in this case we have all 13 kinds of different products, we have packing, 14 we have pipe covering, are you talking about 15 the gamut or are you just talking about pipe 16 covering or -17 MR . PATRICK : Well, let's just limit it 18 at this point to pipe covering . 19 Q . In your opinion, doctor, would the use of 20 asbestos-containing pipe covering create a hazardous 21 condition? 22 A . It depends on the opportunity for 23 exposure or the opportunity for contact . It depends 24 on whether exposure could result from that use and 25 whether that exposure would be an exposure that SCRIBE ASSOCIATES, INC . 18 1 could result in some adverse effect or increase the 2 risk of some adverse effect occurring . 3 Q . Well, you're familiar with the Saranac 4 documents, are you not? 5 A . I am . 6 Q . And you're familiar with at that time the 7 threshold limit value for asbestos or S asbestos-containing dust was 5 million particles per 9 cubic foot of air . Correct? 10 A . Yes . 11 Q, in your opinion would exposure to 12 asbestos in excess of that threshold limit value of 13 5 million particles per cubic foot of air create a 14 hazard? 15 A . It's possible . 16 Q . Are you aware of instances in which 17 insulation workers who had used asbestos-containing 18 thermal insulation developed asbestosis? 19 A . I donut specifically recall that . I 20 would have to look . 21 Q . Let me show you a document which is 22 numbered 5742, and it's one of our master exhibits 23 for the West Virginia proceeding, we'll have it 24 marked as Exhibit Number 3 for this case . And this 25 concerns cases of insulation workers who had made SCRIBE ASSOCIATES, INC . 19 r 1 claims against Owens-Corning Fiberglass for the 2 inhalation of asbestos-containing Kaylo . 3 Have you seen this document before? 4 A . I don't believe so . 5 Q . Let me ask you to assume that 6 Owens-Corning Fiberglass between 1953 and 1958 was a 7 distributor for Owens-Illinois of Kaylo, and that 8 after 1958 they manufactured Kaylo, which contained 9 asbestos, and that between approximately 1955 and 10 1973 they received somewhere in the neighborhood of 11 75 claims from workers who alleged asbestosis as a 12 result of the use of Kaylo . 13 Doctor, in your opinion wouldn't that 14 type of information have demonstrated that the use IS of Kaylo may create,a hazardous situation? 16 MR . HBNDRICKSON : Just for the record, 17 has this been admitted against OCF? 18 MR . PATRICK : I believe it has been . 19 A . i couldn't come to a conclusion about 20 that without having reviewed the other potential 21 exposures . I don't know what these individuals did, 22 what kind of exposure to Kaylo they had, what kind 23 of exposure to other asbestos-containing materials 24 they had . It would be impossible from simply a list 25 of names associated with asbestosis to determine SCRIBE ASSOCIATES, INC . zo r 1 whether or not Kaylo had anything to do with the 2 asbestosis . It would have to be evaluated . 3 Q . Well, let me just ask you to assume that 4 there were instances where persons exposed to Kaylo 5 developed asbestos-related diseases, and that was 6 from exposures to Kaylo without using respiratory 7 equipment . 8 If you make that assumption, would you 9 have an opinion that those individuals should have 10 been advised to use respiratory equipment or to 11 handle the substance with care? . 12 MR . HBNDRICKSON : I'm going to interpose 13 an objection just because I understand where 14 you're going with this and I understand what 15 you're trying t.o demonstrate, that these folks, 16 evidently the document purports that they were 17 Workers' Compensation claims initiated against 18 OCF by workers handling insulation products . 19 It doesn't necessarily mean that they were 20 handling Kaylo, and also it doesn't necessarily 21 indicate what levels of exposure they had prior 22 to the year they filed their claim . 23 I think your hypothetical is okay, but 24 you have to add a few more facts so that he can 25 maybe answer it more directly because I think SCRIBE ASSOCIATES, INC . zi 1 you're leaving out some of the crucial facts 2 that he may have to take into consideration to 3 give a fair answer to your question . So I'm 4 going to object to the question as it's stated . 5 He can answer if he can . You can either get an 6 answer that way or you can rephrase it, either 7 way you want to . 8 Q . If you can answer the question . 9 A . I can ,t remember it . 10 Q . Let me see if I can rephrase the 11 question . 12 Doctor, let's assume that 75 individuals 13 over the course of years between 155 and 173 14 developed asbestosis and made Workers' Compensation 15 claims against Owens-Corning Fiberglass . Doesn't 16 the fact that those individuals, assuming they 17 became sick from asbestosis, doesn't that 18 demonstrate that either the TLV for asbestos that 19 was is existence in that time was either being 20 exceeded or the TLV was not safe? 21 MR . H$NDRICKSON : Note my objection . 22 A . Can we take that question apart? With 23 regard to whether it was exceeded, I don't know if 24 it was exceeded or not, so you want me to assume 25 that it was exceeded? SCRIBE ASSOCIATES, INC . zz 1 Q . well, I just want you to assume that 2 these individual workers using Kaylo got sick from 3 asbestosis . Make that assumption . 4 A . And it's caused by Kaylo? 5 Q . And it's caused by Kaylo . 6 A . And that's been determined using 7 appropriate scientific method and there's no 8 question about that? 9 Q . That's correct . 10 A . Okay . 1l Q . So my question is if those individuals 12 were getting sick using Kaylo, that either their 13 exposures exceeded the TLV or that the TLV was 14 unsafe . 15 A . Okay, I have to take that apart . With 16 regard to exceeding the TLV, you want me to assume 17 that it did exceed the TLV? 18 Q . Well, not exactly . I'm just asking if 19 you take it apart, that one of the two instances 20 must have occurred, that either the TLV was unsafe 21 and that these people were getting asbestosis from 22 exposures to asbestos below the TLV, or that it was 23 safe and that the TLV had to be exceeded . Would you 24 agree with that statement? 25 MR . HENDRICKSON : I would object to that . SCRIBE ASSOCIATES, INC . 23 1 Again, Charles, I don't think you can do it Z that way, not for guys on this list anyway, 3 because the very dates -- I mean I don't think 4 you can do it that way . 5 MR . PATRICK : Let me see if I can back 6 up . 7 MR . HENDRICKSON : I mean maybe you can 8 ask it that way . He can certainly give you an 9 answer, but the answer I don't think is going 10 to have all the facts in there necessary for 11 him to answer it, again just because of the 12 very nature of what these guys were doing and 13 weren't doing . I really think the question may 14 be a little bit unfair . 15 Q . If you can answer it . Can you answer 16 that question? 17 A . I can answer it taking it as two separate 18 questions . If they got asbestosis, does it mean 19 that Lhe TLV was not appropriate, I have to evaluate 20 that . Not necessarily . It depends on whether or 21 not the TLV was exceeded and by how much . All of 22 those factors would have to be used in the 23 evaluation of whether or not that TLV was safe or 24 not safe . 25 And the second one is if it was exceeded SCRIBE ASSOCIATES, INC . 24 2 by some order of magnitude, is it possible that that 2 exposure could result in an asbestosis . That's a 3 possibility . 4 Q . Well, it's certainly a possibility as 5 evidenced by that document . Wouldn't you agree? 6 MR . HENDRSCKSON : I object to the 7 question . 8 A . well, that's not fair because you made me 9 make all those assumptions . This document does not 10 confirm that Kaylo causes asbestosis . 11 MR . HfiNDRICKSON : Did you want to mark 12 this? 13 MR . PATRICK : Yes . 14 (Whereupon, Plaintiff's Exhibit Number 3 15 was marked for identification .) 16 BY MR . PATRICK : 17 Q . Doctor, let me show you another exhibit 18 which has been admitted into evidence as our Exhibit 19 556, as to Owens-Corning Fiberglass . And I don't 20 mean to dwell on this, but you have reviewed the 21 Saranac documents previously . I'm trying to find 22 some reference point in terms of asbestos . And this 23 concerns Kaylo, it's dated September 17, 1963 . I 24 ask you if you have ever seen that document before? 25 MR . PATRICK : And after you have reviewed SCRIBE ASSOCIATES, INC . LS 1 it, let's have that marked as Exhibit Number 4 . 2 A . Could 2 ask a question? I can't read the 3 top . Whose memo is this? 4 Q . This is one from Owens-Corning 5 Fiberglass . 6 A . I don't think I've ever seen this 7 document . 8 Q . Doctor, let me just ask you, it's stated 9 in the second sentence, "Asbestos (as found in 10 Kaylo) when breathed into the lungs causes 11 asbestosis, which often leads to lung cancer ." 12 Doctor, is that in conformance with your opinion 13 after reviewing the Saranac Kaylo documents? 14 MR . HSNDRICKSON : Well, once again, the 15 Saranac Kaylo documents stop well before the 16 date of this memo, which is 1963, so I would 17 object to relating this document back to those 18 studies, when the final Saranac Laboratory 19 report was printed in 1955 . This document is 20 clearly eight years after that fact, so 21 whatever the general state of the art was in 22 1963, it probably evolved since that time, and 23 so I'm not sure it's fair to relate it -- I 24 mean if you're relating back to the Saranac 25 studies, I don't think that's fair . If you're SCRIBE ASSOCIATES, INC . 26 1 asking him if today his knowledge is embodied 2 in that sentence, then maybe that's a fair 3 question . 4 Or maybe even if you ask if that was 5 his -- I don't know how old you were in 1963, 6 I'm not trying to date you -- maybe if you ask 7 him if that was his view in 1963, maybe that's 8 fair . But I mean to relate them back I don't 9 think is fair . 10 Q . Weren't you at Drake in 1963? 11 A . Yes . 12 Q . You were a student at that time, so I 13 don't think that would be a fair question . 14 But I think the question would be fair : 15 Doctor, have you come to that opinion today, in 16 1994? If asbestos as found in Kaylo were to be 17 breathed into the lungs it would cause asbestosis, 18 which would lead to lung cancer? 19 A . That's not what it says . 20 Q . I understand that . 21 A . But your question is different than what 22 this sentence says . 23 Q . Well, let's read it verbatim . Would your 24 opinion in 1994, today, be that, quote, "Asbestos 25 (as found in Kaylo) when breathed into the lungs SCRIBE ASSOCIATES, INC . 27 1 causes asbestosis, which often leads to lung 2 cancer"? 3 A . I don't have an opinion about that 4 because I haven't evaluated that, so at the present 5 time I don't have an opinion about that . 6 Q . So it would be fair to say that no one 7 with Owens-Illinois, no attorney for Owens-Illinois 8 or Westinghouse has shown you any documents 9 pertaining to Kaylo as it may relate to human 10 experience since documents dated 1952, 153, 154 as 11 it may pertain to Kaylo at Saranac? 12 A . That's not really a fair characterization 13 of what I have done . I haven't looked at the human 14 experience . The only thing I have looked at is the 15 animal testing that-was done at Saranac Lake and the 16 industrial hygiene testing that was done at the 17 Kaylo, or the Owens-Illinois plants . That's all 18 I've looked at . I haven't looked at human 19 experience or human epidemiology or any other human 20 information other than that that I described . 21 Q . I believe in your prior testimony after 22 reviewing the Saranac documents it was your opinion 23 that if workers were exposed to asbestos below the 24 then existing threshold limit value of 5 million 25 particles per cubic foot, that would have been a SCRIBE ASSOCIATES, INC . za 1 safe exposure . Is that correct? 2 A . I don't think that's a fair 3 characterization of my testimony, either . Z think 4 it is put in the context of time . And was it 5 reasonable based upon the testing, based upon the 6 animal experimentation to come to a conclusion that 7 that was a level that would be safe in the 8 workplace, and my answer to that was yes, based upon 9 that chronology, that time and that information . 10 Q . Well, let me ask you to assume that 11 11 years after the final report of Saranac to 12 Owens-Illinois on Kaylo it was demonstrated that 13 workers exposed to Kaylo would develop asbestosis . 14 Wouldn't you agree that at that point in time the 15 TLV was called into question? 16 MR . HSNDRrCKSON : He's not referring to 17 that document now (indicates) . Correct? 18 Q . Not in particular . 19 A . No, you are referring to this document, 20 aren't you? 21 Q . Yes, 11 years after 1952 . 1963 . 22 A . I haven't evaluated that timeframe, so I 23 don't know the answer to that question . I haven't 24 been asked to look at that . 25 Q . Doctor, if its demonstrated that SCRIBE ASSOCIATES, INC . 30 1 exposed to cyanide in small doses, we're exposed to 2 salt, we're exposed to various substances that may 3 be toxic, including asbestos ; and that we have to 4 keep all of this in context . Is that a fair 5 statement of your testimony? 6 A . Well, I think it's an unfair way to ask 7 that question because you started out by saying 8 toxic substances . I don't think that's what my 9 testimony was . 10 I think what my testimony was is that 11 we're exposed to chemicals all the time, that 12 chemicals are basically everything in your life 13 other than light, radiation and sound waves . And if 14 the exposure is high enough, resulting in a dose 15 that is sufficient to cause an adverse effect, then 16 virtually all substances can be toxic at some level 17 of exposure . So chemicals you're exposed to, and if 18 the exposure is high enough, it can result in 19 toxicity . 20 Q . Would you agree that for a particular 21 substance when used for the purpose for which it is 22 intended that there is a reasonable likelihood that 23 a hazardous dose would be exceeded, that that 24 substance should either bear a warning label or 25 should be regulated in some fashion? SCRIBE ASSOCIATES, INC . 31 r~ 1 MR . HENDRZCKSON : Again I'm going to just 2 interpose an objection . 3 Go ahead . 4 A . I'm not sure I understand that question . 5 Q . Well, I think one of the examples that 6 was used in trial approximately a year ago is you're 7 familiar with Tegrin shampoo? 8 A . Yes, I am . 9 Q . And Tegrin shampoo contains coal tar, 10 correct? 11 A . That's correct . 12 Q . Coal tar has been implicated as being a 13 carcinogen, isn't that correct? 14 A . Constituents of coal tar, some 15 constituents, yes . 16 Q . In fact, if you look at the history of 17 known carcinogens, the constituents of coal tar were 18 some of the first implicated in causing cancer . 19 A . The constituents of coal tar, not coal 20 tar, but soot from chimneys, the answer is yes . 21 Q . The chimney sweeps in England were 22 described as having cancer of the scrotum as early 23 as the 1700s, correct? 24 A . That's correct . 25 Q . But yet, if we look at Tegrin shampoo, we SCRIBE ASSOCIATES, INC . 32 1 can find that coal tar is an ingredient of Tegrin 2 shampoo . Correct? 3 A . Let me correct the 1700 statement first . 4 Not all chimney sweeps developed scrotal cancer . 5 Some did . It depended on the exposure . And do we 6 still use coal tar today in shampoo, is that the 7 question? 8 Q . Yes . 9 A . That's correct . 10 Q . And I believe your testimony was that 11 there is no warning label on Tegrin shampoo . 12 Correct? 13 A . That's correct . 14 Q . Even though it's indicated as one of the 15 ingredients on the side of the bottle, there is no 16 specific warning label? 17 A . There is the no specific warning with 18 regard to cancer, that's correct . 19 . And if you looked at the medical 20 literature on Tegrin shampoo or if you looked at all 21 of the reports to the Food and Drug Administration 22 for Tegrin shampoo, I take it you would not find any 23 adverse, or very few, if any, adverse consequences 24 from the use of Tegrin shampoo or the FDA wouldn't 25 allow its general use to the public . Correct? SCRIBE ASSOCIATES, INC . 33 1 MR . HENDRICKSON : I object to the form of 2 the question . 3 You can answer . 4 A . Well, there are several questions in that 5 question . First of all, is there a reporting 6 database with regard to Tegrin shampoo? I don't 7 know the answer to that . And does FDA regulate 8 substances that are used by consumers? The answer 9 is yes . 10 Q . But you are not aware that the FDA has a 11 database whereby doctors or physicians or in this 12 case maybe dermatologists may say we've had the case 13 of someone using Tegrin shampoo and .they have 14 developed malignant melanoma from the use of it . 15 Are you aware of suqh a database? 16 A . I haven't looked for such a database . I 17 don't know that one does or does not exist . 18 Q . Well, as a general proposition wouldn't 19 you agree with the hypothetical that if the use of 20 Tegrin shampoo caused 10 percent of those people who 21 used it to develop malignant melanoma, then there 22 would be a hazard created such that either Tegrin 23 shampoo should be removed from the market or that a 24 warning be placed on it stating that there was a 25 hazard created? SCRIBE ASSOCIATES, INC . 34 1 If Tegrin shampoo resulted in cancer in 2 10 percent of the people who used it, would it be 3 removed from the market or would there be a warning 4 placed on it? 5 Q . Correct . This is a general principle of 6 public health policy . 7 A . I suspect it would probably be restricted 8 in use or eliminated from use to either eliminate 9 the exposure or prevent the adverse effect occurring 10 as a result of that exposure . 11 MR . HfiNDRICKSON : You're referring to 12 today's standard, right? 13 MR . PATRICK : Yes . 14 Q . All right . Now, are you familiar with 15 the name of Dr . Irwin J . Selikoff? 16 A . I am . 17 Q . Are you familiar with his studies of 18 insulation workers using asbestos-containing thermal 19 insulation? 20 A . I haven't looked at those for some time . 21 I'm not really familiar with those . 22 Q . Are you aware that Dr . Selikoff in some 23 of his studies reported that 10 percent of asbestos 24 insulation workers developed malignant mesothelioma? 25 A . I am not . SCRIBE ASSOCIATES, INC . 35 1 Q . Are you aware that the Environmental 2 Protection Agency based upon the data from 3 Dr . Selikoff as well as many other investigators 4 recommended a ban on the use of asbestos in 1989? 5 A . I am generally familiar with the 6 restrictions on the use of asbestos . I don't recall 7 the legislative history or the record of decision S with regard to that and how the EPA made that 9 decision . 10 Q . As a toxicologist can you tell me, is it 11 possible for you to tell me what the 10 most toxic 12 substances would be that we are exposed to? 13 A . It depends on the use . It depends on 14 what the exposure is . it depends on what the effect 15 is . 16 Q . So there is no way for you to say just in 17 the abstract, to list 10 toxic substances and say 18 we've got cyanide, we've got polyvinyl chloride, 19 we've got PCB, we have DDT and asbestos and say, all 20 right, DDT is number one ; is it possible for you to 21 do that as a toxicologist? 22 A . Well, I could certainly use the 23 methodology whereby, for example, I could go to the 24 poison control center annual report . I think if you 25 look in there, probably aspirin or Tylenol would SCRIBE ASSOCIATES, INC . 36 1 emerge as those substances that kill more children 2 than any other in a year's time . It would probably 3 also be related to furniture polish and other 4 materials . 5 Now I'm giving you sort of a generality . 6 I don't know what that actual ranking is, but I 7 would have to go to the poison control center and I 8 would look at the annual report of the poison 9 control centers as to the mortality and morbidity 10 that is reported as a result of inquiries or 11 information provided to the poison control centers . 12 Q . So you would have to look at the number 13 of people affected by the use of a substance, would 14 that be an appropriate piece of information that you 15 would use in coming-to a determination of what is 16 the moat hazardous substance? 17 A . Well, again you have to look at the is definition of a hazard . A hazard is determined by 19 use, so the number of people that you look at, they 20 would have to be the people who are relevant to that 21 particular use . It would certainly be important to 22 look at a number of people, that would certainly be 23 one factor in evaluating the potential hazard . 24 Q . There are approximately 250 million 25 people in the United States . Do you know? SCRIBE ASSOCIATES, INC . 37 rr~ 1 A . That's probably about right for 1994 . 2 Q . And the likelihood is that most people, 3 if not all people, at some point in their life have 4 taken aspirin . Correct? 5 A . I don't know the answer to that, but I 6 expect most probably have . 7 Q . So you have somewhere in the neighborhood 8 of, somewhere between 240- to 250 million people who 9 have been exposed or who have taken aspirin . And if 10 you look at the number of people exposed -- let me 11 withdraw that question . 12 One aspirin a day is not going to hurt 13 you . Would you agree with that? 14 A . I would agree with that . 15 Q . And I believe it's your prior testimony 16 that two aspirins a day may relieve a headache . 17 A . And one may prevent a second heart 18 attack . 19 - Q. And 30 may relieve someone's 20 rheumatitis -- or rheumatological problems . 21 Correct? 22 A . Correct . 23 Q . But 90 a day is going to kill you . r=. 24 A, That's correct . 25 Q . So in that instance you have the SCRIBE ASSOCIATES, INC . 38 1 dose-response relationship . Correct? 2 A . Correct . 3 Q . And if you have 250 million people who 4 are taking aspirin, just by the sheer number of 5 people who are exposed the likelihood is that you'll 6 have a large number of people who have had an 7 adverse reaction or who have died from taking 8 aspirin . Correct? 9 A. 10 all . No, I donut come to that conclusion at 11 Q . What conclusion do you come to? 12 A . With regard to what? 13 Q . With regard to aspirin and in your prior 14 testimony . You in your prior testimony were talking 15 and using aspirin as- a substance that we were 16 exposed to in our normal, ordinary lives and trying 17 to put that into context with exposure to other 18 chemicals and other substances . And I'm trying to 19 just discern the point that you were trying to make 20 then, and which you may make in West Virginia if you 21 are asked to testify . 22 A . The point is that there is a 23 dose-response relationship gad that if you're 24 exposed to enough aspirin, it can be harmful . it 25 can in fact be lethal . And if you're exposed to SCRIBE ASSOCIATES, INC . 39 1 lesser concentrations, it either has no effect or in 2 some cases can have a beneficial effect . So it's a 3 dose-response relationship . 4 Q . If you take that same analogy, or take 5 the analogy of aspirin and use it with asbestos, 6 wouldn't you agree that exposures below the 7 threshold limit value for asbestos, and take a year, 8 1963, 5 million particles per cubic foot were still 9 capable of causing malignant mesothelioma? 10 A . No, I wouldn't agree with that . 11 Q . You would not agree .with that? 12 A . No . 13 Q . Are you familiar . with the study by 14 Dr . Christopher Wagner in 1960 among workers or 15 persons exposed to asbestos in South Africa who 16 developed malignant mesothelioma from living next to 17 an asbestos mine? 18 A . I don't particularly recall that, no . 19 Q . Have you testified at trial during the 20 year 1994? 21 A . Yes . 22 Q . Where have you testified? 23 MR . HfiNDRICKSON ; You mean in an asbestos 24 case or just in general? 25 Q . Any litigation, any trial testimony . SCRIBE ASSOCIATES, INC . 40 .^ 1 A . I'm trying to recall the most recent with 2 regard to asbestos . I can't remember . Oh, I'm 3 sorry, it was Louisville, Kentucky . 4 Q . And when was this? 5 A . Probably about a month ago . 6 Q . And this was an asbestos case? 7 A . Yes, sir . 8 Q . And it was on behalf of attorneys 9 representing Owens-Illinois? io A . Yes, sir, 11 Q . Do you recall the name of the defense 12 lawyer? F 13 A . I do . 14 Q . Who was the defense lawyer? 15 A . Peggy Whipple . 16 Q . Is this the only time that you've 17 testified in an asbestos-related disease case in 18 1994 in trial? 19 A . Yes, sir, I believe so . 20 Q . Now, have you testified on any other 21 issue in court in 1994? 22 A . I have . 23 Q . And when was this? ,.- 24 A . I'm not sure I can give you the exact 25 dates . It would have been earlier this year in Lake SCRIBE ASSOCIATES, INC . 41 1 Charles, Louisiana, concerning phenyl propanolamine . 2 Q . Okay . 2 think you may have to spell 3 that, if you can . 4 A . I think I can . P-H-E-N-Y-L 5 P-R-O-P-A-N-O-L-A-M-I-N-E . 6 Q . And what is phenyl propanomaline? 7 A . I'm sorry, that's not what I said, but 8 it's close . 9 MR . HENDRICKSON : Whatever you said, what 10 is it? 11 Q, whatever you said, what is it? That's 12 correct . 13 A . It's a drug . 14 Q . And who were you testifying on behalf of 15 in that case? 16 A . Well, again I donut testify on behalf of 17 anybody . It was a pharmacist who had dispensed a 18 remedy that contained phenyl propanolamine as well 19 as other materials that caused someone allegedly to 20 become sick and to have a seizure as a result of 21 that exposure . 22 Q . And you were testifying on behalf of the 23 attorneys who were representing the pharmacist in 24 that case? 25 A . Again, I reviewed the pharmacology of SCRIBE ASSOCIATES, INC . 42 1 that material and was asked to describe the 2 pharmacology and whether that material or materials 3 could cause a seizure as a result of the use of 4 those materials . S Q, Who was the defense lawyer in that case? 6 A . James Nieset . 7 Q . Do you remember the name of the 8 plaintiff's attorney? 9 A . I do not . 10 Q . Does the name Billy Baggett have any -11 refresh your recollection at all? 12 A . NO . 23 Q . Were you in State Court pr in Federal 14 Court? 15 A . I don't know the answer to that . 16 Q . Do you remember the name of the judge? 17 A . I do not . 18 Q . Any other times that you have testified 19 in-court-on any issue this year? 20 A . Those are the ones I can recall . 21 Q . 1n your prior testimony you had indicated 22 that you consult with or have testified for -- you 23 have consulted for chemical companies or 24 organizations concerned with chemicals . Is that 25 correct? SCRIBE ASSOCIATES, INC . 43 r'^ 1 A . I have consulted with chemical companies 2 and with some organizations that deal with 3 chemicals, that's correct . 4 Q . During the year 1993 were you called to 5 testify or asked to testify in trial on behalf of 6 any chemical company? 7 A . I'm sure I was . 8 Q . Do you recall? 9 A . I can't recall 1993 . I just donut 10 recall . 11 Q . Have you ever testified for a plaintiff 12 in any type of case alleging injury from exposure to 13 a toxic substance? 14 A . Well, you keep using that term toxic 15 substance . I'm going to keep having a problem with 16 it . 17 Q . I don't know how else to phrase it . 18 A . Well, with regard to exposure to a 19 substance that has caused some harm . The answer is 20 yes, I have . 21 Q . And on how many occasions have you 22 testified on behalf of a plaintiff in one of these 23 cases? 24 A . Again I don't see myself as testifying on 25 behalf of a plaintiff or a defendant . I have SCRIBE ASSOCIATES, INC . 44 1 certainly evaluated exposures, conditions for 2 plaintiffs, I could probably recall a half dozen 3 times . 4 Q. When was the last time that you 5 testified, and I'm sorry, I don't know how else to 6 phrase it, at the request of an attorney 7 representing a plaintiff who alleged an injury from 8 a substance that may have become toxic? 9 A . Substances only become toxic if the dose 10 is high enough . I will estimate 1992, thereabouts . 11 Q . Do you recall the circumstances of that 12 particular case? 13 A . That was exposure to mineral spirits . 14 Q . Did someone drink mineral spirits? 15 A . Someone used mineral spirits in the 16 workplace . 17 Q . ~ What was the alleged injury? 18 A . A skin injury, an injury to the skin . 19 Q . in the asbestos context have you ever 20 testified for a plaintiff alleging injury from 21 exposure to asbestos? 22 A . I don't recall any specific testimony 23 with regard to a specific injury in an individual 24 with regard to asbestos . 25 Q . Have you written anything concerning SCRIBE ASSOCIATES, INC . 45 1 asbestos from a medical standpoint, a published 2 medical article? 3 A . I don't think so . 4 Q . Have you done any studies that may have 5 looked at the adverse effects of asbestos? 6 A . Studies in the laboratory? 7 Q . In the laboratory, correct . 8 A . I have not . 9 Q . And have you reviewed the medical 10 literature concerning the health effects of 11 asbestos? 12 A . Z have . 13 Q . Have you reviewed that in any detail? 14 A . I have . 15 Q . Have you-reviewed the epidemiological 16 studies that may exist concerning asbestos? 17 A . I have, yes . 18 Q . Would you consider yourself an expert in 19 that area? 20 A . I would consider myself to have expertise 21 in the area of asbestos, yes . 22 Q . Other than reviewing the medical 23 literature concerning asbestos, what other 24 information have you gained that would allow you to 25 be offered as an expert witness in that area? SCRIBE ASSOCIATES, INC 46 1 A . I don't understand . 2 MR . HENDRICKSON : we're not offering 3 him -- 4 Q . Okay . I'm sorry, you're not being 5 offered as an expert witness with respect to 6 asbestos . 7 In preparation for your deposition today 8 did you review any materials? 9 A . Anything specifically for today? 10 Q . Yes . 11 A . Z did not . 12 Q . Did you bring with you anything today? 13 A . I did . 14 Q . What did you bring? 15 A . I brought. a. copy of my curriculum vitae . 16 Q . May I see that, please? Doctor, in 17 looking at your CV under "Summary of Experience," 18 you have from 1993 to the present Academy of 19 Toxicological Sciences, Board of Directors . What is 20 the Academy of Toxicological Sciences? 21 A . It's a board-certifying academy that 22 certifies toxicologists . 23 Q . Is that a national organization? 24 A . It is . 25 Q . And from 1991 until the present you are SCRIBE ASSOCIATES, INC . 47 1 listed as a science advisory board consultant, 2 Environmental Health Committee, United states 3 Environmental Protection Agency . What are your 4 duties in that position as a consultant? 5 A . To provide advice and counsel to EPA 6 concerning various issues dealing with environmental 7 health and safety . 8 Q . When was the last time you were asked to 9 provide consultation to that committee? 10 A . Probably six months ago . 11 Q . And do you recall what the advice was, 12 what it concerned? 13 A . T do not . 14 Q . Doctor, are you familiar with a 15 toxicologist by the-name of Myron Mellman? 16 A . I am . 17 Q . How do you know Dr . Mellman? 18 A . 19 editor . I have seen books of which he is an 20 Q . Have you ever met Dr . Mellman? 21 A . I don't think so . 22 Q . Do you have any opinion on his expertise 23 in the area of toxicology? ,r- 24 A . I do not . 25 Q . Do you recall the name of the book that SCRIBE ASSOCIATES, INC . 48 1 you have seen by him? 2 A . It wasn't by him . It was a book edited 3 by Dr . Mellman . I don't know . 4 Q . Now, on your CV under the category of 5 industrial experience you list a number of 6 organizations beginning with Occidental Oil, and you 7 state "Worker safety in oil shale production .,, What 8 do you mean by that? 9 A . I evaluated oil shale production and the 10 effects that result from exposure to workers in oil 11 shale production, made recommendations as to changes 12 in that exposure to prevent adverse effects 13 occurring as a result of that exposure . 14 Q . And with Shell Development Corporation, 15 pesticide use and safety, what did you do there? 16 A . Presented aseries of seminars to show 17 with regard to research from my laboratory that -18 discovered that cholinesterase inhibitors could 19 result in growth promotion and the effects of 20 exposure to these materials in utero and the 21 enhanced body size or body weight that could result 22 from that in-utero exposure . 23 Q . What would be the exposure that one would 24 have to those substances or chemicals in everyday, 25 ordinary life? SCRIBE ASSOCIATES, INC . 49 1 A . I'm not sure I understand your question . 2 It was to develop a food additive to enhance 3 livestock production . Cholinesterases are used as 4 pesticides around your home . There's malathion, 5 parathion . 6 Q . Petrolite Corporation, health assessment 7 of waste incineration methods, what was that about? 8 A . For the secretary of the Department of 9 Environmental Regulation I reviewed the use of waste 10 fuels for the production of energy sort of as a 11 co-generation facility and the .consequences of 12 exposure to the gases and other materials that would 13 be released into the environment as a result of the 14 burning of those wastes . 15 Q . I'm going to skip down a little bit to 16 sort of about the middle of the page, Texaco 17 toxicology consultant . Are you still a consultant 18 for Texaco? 19 A . I am . 20 Q . And when was the last time you gave 21 advice to Texaco on any matter? 22 A . Probably six months ago . 23 Q . What is the general area of your 24 consulting activities with Texaco? 25 A . Toxicity testing, risk assessment, SCRIBE ASSOCIATES, INC . 7O 1 materials safety data sheets . Those would be the 2 general areas . 3 Q . Do you consider yourself an expert in 4 risk assessment? 5 A . I do . 6 Q . Have you read any medical or other type 7 of literature concerning a risk assessment 8 pertaining to asbestos specifically? 9 A . Ever? 10 Q . Yes . 11 A . Yes . 12 Q . Have you ever done a risk assessment for 23 asbestos? 14 A . I've done a lot of risk assessments . I 15 don't know if I've ever done one for asbestos or 16 not . I donut specifically recall one for asbestos . 17 Q . Are you familiar with the risk assessment 18 data that was presented to the Environmental 19 Protection Agency for the use of asbestos in 20 buildings? 21 A . And when was that? 22 Q . It's been ongoing, but probably five or 23 six years ago now . 24 A . I certainly recall seeing information 25 about that . I don't know if we're talking about the SCRIBE ASSOCIATES, INC . 51 1 same thing or not . 2 Q . Something along the lines that if you're 3 exposed to asbestos in a building at certain 4 concentrations you may have 20 cancers per million, 5 as opposed to being exposed to some other substance 6 and developing 50 cancers per million . Have you 7 seen data along those lines? 8 A . I have seen data like that, but I don't 9 think it's what you say it is . It is an estimate of 10 the upper bound of risk . It doesn't mean that there 11 will be cancer . It's the use of a cancer potency 12 factor to evaluate the upper bound . It may be zero . 13 So yes, there is certainly data like that and EPA 14 does use that methodology for estimating risks for 15 exposure to asbestoq_as well as other materials . 16 Q . Are you familiar with that data as it was 17 used by the Environmental Protection Agency for 18 asbestos? 19 A . For what? 20 Q . For asbestos . 21 A . 22 or -23 Q . But for what reason, for remediation For establishing regulations on the use 24 or removal of asbestos in public buildings . 25 A . Yes . SCRIBE ASSOCIATES, INC . 52 1 4~ You are also listed as having industrial 2 experience with the Chemical Manufacturers 3 Association, technical review of health effects of 4 PCBs . What is that? 5 A . I participated in the evaluation of the 6 human health effects of PCBs for evaluating the 7 risks associated with exposure in the environment, 8 and specifically for the evaluation of risks 9 associated with exposure to soil and surface levels 10 of PCBs . 11 Q . And then you are listed as having 12 experience with the American Petroleum Institute, 13 comments to EPA concerning Resource_Conservation 14 Recovery Act . What was that? is A . I reviewed the recommendations for the 16 characterization of wastes in the hazardous category 17 and provided comment about the characteristics that 18 were used to evaluate the hazard for the .hazardous 19 constituents in the Resource Conservation Recovery 20 Act . 21 Q . I take it from this type of experience 22 you were retained by the API to make comments to the 23 EPA . Is that correct? 24 A . That's correct . 25 Q . Do you have a contract with the API? SCRIBE ASSOCIATES, INC . 53 1 A . I do not . 2 Q . Did you have a contract at that time? 3 A . No, I did not . 4 Q . Was this for compensation? 5 A . It was . 6 Q . Do you recall how much you received for 7 that particular consultative role? 8 A, it was about $1,000 . 9 Q . You have a private practice of 10 toxicology, do you not? 11 A . I do . 12 Q . Is this a corporation or a partnership or 13 how is this practice set up? 14 A . It's me as an individual . 15 Q . You are not incorporated? 16 A . I am not . 17 MR . PATRICK : Why don't we take a break? 18 (Brief recess .) 19 MR . PATRICK : All right . Let's go back 20 on the record, if he could . 21 BY MR . PATRICK : 22 4 . Doctor, I'm going to make this CV an 23 exhibit to the deposition, make it the next number . 24 If I turn to the end, Page 36, it's under 25 Books/Monographs/Reports, and you have here SCRIBE ASSOCIATES, INC . 54 1 "toxicant profile" on various substances . First of 2 all, what is a toxicant profile? 3 A . It is a profile of the physical-chemical 4 properties, the toxicity, the general knowledge of a 5 toxicant . 6 Q . The various problems that may be caused 7 by exposure to this toxic substance? 8 A . That's one aspect . The occurrence, where 9 it is, what it does, where it goes, its 10 physical-chemical properties, whether it's a gas, 11 liquid, solid, water solubility. . 12 Q . You have one here for trichloroethylene . 13 Is that commonly known as TCE? 14 A . Yes, sir . 15 Q . In your opinion is TCE a carcinogen? 16 A . A human carcinogen? 17 Q . Human carcinogen . 18 A . In my opinion trichloroethylene is not a 19 humancarcinogen . 20 Q . Has it been demonstrated to be an animal 21 carcinogen? 22 A . It has been demonstrated to be an animal 23 carcinogen, but the present knowledge regarding its 24 mechanism of action indicates that it is an animal 25 carcinogen in mice, for example, because it causes SCRIBE ASSOCIATES, INC . 55 1 peroxisome proliferation . And because of the high levels that are used, it produces a liver tumor and 3 the consensus would be that that is a unique species 4 response, not extrapolatable to people, and perhaps 5 not even extrapolatable from one species to another, 6 that is, from mice to rats, for example, or mice to 7 other species . 8 Q . Well, you have here profiles on alkyl 9 benzenes, carbon tetrachloride, methylene chloride, 10 tetrachloroethane, trichloroethylene, vinyl 11 chloride . In your opinion are any one of these 12 substances or chemicals carcinogenic? You told us 13 about TCE . 14 A . In animals or people? 15 Q . In humans . 16 A . Well, could we go down the list? 17 Q . Sure . 18 A . Vinyl chloride is a designated a human 19 cancer-caus ing agent . 20 Q . Let me stop you right there . Designated 21 by whom? 22 A . By the Environmental Protection Agency . 23 Under some circumstances of exposure it can increase 24 the risk of cancer in humans and under some 25 circumstanc es of exposure it may be able to produce SCRIBE ASSOCIATES, INC . 55 1 a very specific form of cancer, an angiosarcoma . 2 The other substances, methylene chloride, 3 tetrachloroethane,alkyl benzenes -- I'm sorry, did I 4 get them all? 5 Q . Methylene chloride . 6 A . -- methylene chloride, are not designated 7 human cancer-causing agents . Some of them are cancer causing in laboratory animals but, for 9 example, methylene chloride again has a unique 10 metabolic response in the animals in which it's 11 tested and it is not likely a human carcinogen and 12 probably not a carcinogen in other species based 13 upon the metabolism of methylene chloride, that is, 14 its much more rapid metabolism leading to reactive 15 intermediates that are not readily detoxified that 16 leads to the response in some species . 17 So none of the others are designated 18 human cancer-causing agents and some of them would 19 be suspect as to the relevance of that response to a 20 risk in humans . 21 Q . How many substances have been designated 22 by the Environmental Protection Agency as being able 23 to cause cancer in human beings? 24 A . As Class A designated human carcinogens? 25 Q . Class A . SCRIBE ASSOCIATES, INC . 57 1 A . I don't know the answer to that . It's 2 probably 20, 30 . That's the range . I don't know 3 the exact number . 4 Q . Do you know how the EPA goes about 5 classifying these agents as carcinogens and then 6 putting them in these categories such as Class A and 7 whatever classes may exist? 8 A . I do . 9 Q . How do they do that? 10 A . For Class A you have to have sufficient 11 evidence in humans that it can cause cancer . For 12 the other classes, there is varying confidence or 13 varying amounts of information, and,in animals that 14 determines whether it's a B1, a B2 or a C . 15 Q . Asbestos .is a Class A carcinogen as 16 designated by the EPA, is it not? 17 A . It is . 18 Q . And you may have told me this already . 19 Is vinyl chloride designated as a Class A 20 carcinogen? 21 A . It is . 22 Q . I see you've written some papers on the 23 health effects of cocaine . 24 A . I have . 25 Q . And, of course, you're always asked this : SCRIBE ASSOCIATES, INC . 58 1 You were involved in the autopsy of Elvis Presley? 2 R . Yes, sir . 3 Q . Was cocaine -- am I allowed to ask these 4 questions? I donut know, is that subject to -- is 5 it a matter of public record? 6 A . Some of it is . 7 Q . Was cocaine one of the agents identified 8 in his body? 9 A . I would have to go back and look . I 10 don't remember cocaine as one of the specific drugs . 1i But there were certainly lots of others . 12 Q . You testified in some type of proceeding 13 related to the autopsy of Elvis Presley, correct? 14 A . Yes, sir . 15 Q . What was that? 16 A . It was before the Medical Examiner's 17 Board of the State of Tennessee as to the usual 18 course of medical practice with regard to the use of 19 drugs and the pharmacological properties of those 20 drugs . 21 Q . Did you testify concerning the cause of 22 his death or concerning whether or not some other 23 individual may have contributed to his death? 24 A . I testified concerning the cause of his 25 death . SCRIBE ASSOCIATES, INC . 59 1 Q . Wasn't them some question subsequently 2 as to whether or not an individual may have 3 prescribed substances that may have contributed to 4 his death? 5 A . Yes, there was . 6 Q. 7 A. S Q. 9 record? 10 A . Did you participate in that at all? I did . Is that public, a matter of public It is . 11 Q . Was that a physician for him? 12 A . It was . 13 Q . Do you remember his name? 14 A . Dr . Nikapolous . 15 Q . What was-the result of that hearing or 16 trial with respect to that individual? 17 A . I'm not sure I remember all of the 18 results of the trial . I do know that some of his 19 privileges to practice, certainly with regard to 20 dispensing controlled substances, was withdrawn . 21 Q . And you were asked to testify by the 22 State of Tennessee? 23 A . I'm sorry? 24 Q . Were you asked to testify by the State of 25 SCRIBE ASSOCIATES, INC . 60 1 A . Yes, sir . 2 Q . I mean you were not asked to testify on 3 behalf of anyone associated with that physician, I 4 take it . 5 A . No, sir . 6 Q . Doctor, I don't have too much more . Let 7 me just ask you a few other things . You have as 8 part of your experience an American Bar Association 9 short course concerning the role of expert testimony 10 in environmental litigations . When was that 11 approximately? 12 A . It was the 50th anniversary of the 13 American Bar Association meeting . I think that was 14 in Atlanta, probably about 1981 . IS Q . Was it that long ago? 16 A . Maybe it wasn't that long ago . 17 Q . It was in Atlanta, though? 18 A . It was in Atlanta, yes . Maybe it was the 19 middle '80s . 20 Q . I think Chief Justice Berger was still on 21 the Supreme Court, because I believe he spoke . I 22 donut recall . But do you recall Justice Berger 23 being there? 24 A . I do not . 25 Q . Do you still maintain an outline of that, SCRIBE ASSOCIATES, INC . 61 1 of your talk or presentation at that particular 2 seminar? 3 A . Z do not . 4 Q . Do you recall what was discussed at that 5 seminar? 6 A . Yes . 7 Q . Can you tell me? 8 A . Yes, and I will . I'm trying to recall . 9 It was with regard to the exposure to some 10 polychlorinated hydrocarbons and the evaluation of 11 that exposure and potential risks associated with 12 environmental exposure to those substances . r13 Q . Did you speak about how an expert should 14 present his testimony or how an attorney should put 15 an expert on the stand in a case? 16 A . Z did not . 17 Q . In your prior testimony I believe you 18 stated that for consultative purposes and for trial 19 I believe you charge $175 an hour? 20 A . Yes, sir . 21 Q . Is that still the same rate today? 22 A . Yes, sir . 23 Q . And what percentage of your time 24 professionally is spent with private consultations, 25 private testimony, as opposed to your work with the SCRIBE ASSOCIATES, INC . 52 1 University of Florida? 2 A . I have to sort of separate that question 3 out . 4 Q . Answer it any way you feel that you can . 5 A . With regard to evaluating or testifying 6 or involved with lawyers it probably varies, 15, 20 7 percent, 25 percent depending on the year . The 8 remainder of that time up to about 40 or 50 percent 9 would be in consultation for health and safety 10 issues at the Environmental Protection Agency, 11 emergency response responsibilities, providing r 12 consultation to emergency rooms . Those would be the 13 general broad areas of consultation . 14 Q . Are you familiar with a substance known 15 as chlordimaform? 16 A . I am not . 17 Q . Doctor, can you give us your definition 18 of a threshold limit value? 19 .. A . Threshold limit value is that 20 concentration that you can be exposed to for eight 21 hours a day, five days a week for an entire working 22 life-time . 23 Q . Without adverse effect? 24 A . Without adverse effects . 25 Q . In your definition of a TLV would SCRIBE ASSOCIATES, INC . 53 1 exposures below the TLV ensure safety against 2 adverse effects from a particular substance? 3 A . It would . 4 Q . Do you know if your opinion is stated in 5 the definition of a threshold limit value by the 6 ACGIH? 7 A . I don't know the specific answer to that . 8 I am more familiar with the permissible exposure 9 limit, and it certainly is within the permissible 10 exposure limit . I would have to review the 12 threshold limit value . ..... 12 Q . In other words, in your opinion the TLV, 13 or let's say permissible exposure limit, would be a, 14 quote, "safe level of exposure" to a particular 15 substance? 16 A . Yes, sir . 17 Q . Would you agree that if there was a 18 substantial likelihood that a person was being 19 exposed to a substance at levels above, and 20 significantly above the threshold limit value, that 21 that person should be advised of his or her 22 exposure? 23 A . It would depend for how long, how high 24 above the threshold limit value or the permissible 25 exposure limit . It would depend on the SCRIBE ASSOCIATES, INC . 54 1 circumstances of exposure . 2 Q . Do you have any experience in industrial 3 hygiene? 4 A . I do . 5 Q . Do you know whether or not it we were to 6 have in this room a level of asbestos, ambient 7 asbestos in the air, at the level of 5 million 8 particles per cubic foot whether or not that level 9 could be visible by the naked eye? 10 A . 5 million particles of asbestos? 11 Q . Per cubic foot . 12 A . And what would be the size of those 13 particles? 14 Q . Well, somewhere between 5 and 20 microns 15 in length and approximately a half a micron in 16 width . 17 A . With that description I can't answer the 18 question . I would have to took it up . I don't know 19 at-the present time . 20 Q . If you were to make reference to any body 21 of work on asbestos as being authoritative, in other 22 words, if you were going to try to get a question 23 answered concerning the health effects of asbestos, 24 where would you go to look personally? 25 A . I wouldn't have any single authoritative SCRIBE ASSOCIATES, INC . 65 1 source . I would go to a variety of places . I would 2 go to the scientific literature, I would go to 3 textbooks, I would go to electronic databases . 4 Q . Any particular authority in the field of 5 asbestos-related diseases that you find 6 authoritative? 7 A . No, sir . 8 Q . Is there any particular textbook or 9 treatise that you might find authoritative? 10 A . Again I would have to look at the ii specific information and review it individually and 12 independently . 13 Q . When were you first contacted about 14 consultation for Owens-Illinois? 15 A . I donut know the answer to that . I would 16 have to go back and look at my records . It's 17 probably a couple years ago . 18 Q . Well, I believe you testified in 19 preparation for the Baltimore consolidation in 1991, 20 so maybe three or four years ago? 21 A . That sounds about right . 22 Q . And who made the first contact with you, 23 if you recall? 24 A . I do . Gardner Duval . 25 Q . And who is Gardner Duval? SCRIBE ASSOCIATES, INC . 66 1 A . He's an attorney . 2 Q . Where, where does he practice? 3 A . I think Baltimore . 4 Q . Do you know an individual by the name of 5 Bruce Shaw? 6 A . I do not . 7 Q . David Gray? 8 A . I do not . 9 MR . HENDRICKSON : You've met Bruce . 10 A . Oh, I'm sorry, I have met Bruce . Hess 11 the fellow from North Carolina?, 12 Q . South Carolina . 13 A . South Carolina . I'm sorry, I have met 14 him . 15 Q . How about. David Gray? Does that refresh 16 your recollection, that name? 17 A . I donut recall meeting David Gray . 18 Q . From Toledo, Ohio . Have you met any 19 house counsel from Toledo, Ohio, for Owens-Illinois? 20 If you recall . 21 A . The only person I recall is Peggy Whipple 22 I think was in Toledo at one time . That's the only 23 person I recall . 24 Q . Do you recall on how many occasions you 25 met with attorneys representing Owens-Illinois for SCRIBE ASSOCIATES, INC . 67 1 purposes of discussing or reviewing the Saranac 2 documents prior to the time of your first deposition 3 in asbestos litigation? 4 A . Twice . 5 Q . Are you familiar with a doctor by the 6 name of Harry Demopoulos? 7 A . I am not . S Q . Have you ever seen the testimony by a 9 doctor by the name of Harry Demopoulos? 10 A . Not that I recall . I'm sorry, where is 11 Harry Demopoulos? 12 Q . He is in Scarsdale, New York . 13 A . He was in a movie . 14 Q . That's correct . 15 A . That's how I know him . 16 Q . How do you know that? 17 A . Because I was watching this movie and I 18 saw "Harry Demopoulos, M .D ." 19 Q . Surely someone must have told you that . 20 Were you watching the credits of the movie? 21 A . Sure . I don't remember the movie, but I 22 remember him being in it . 23 Q . He was in several movies . 24 A . Okay . I only know one . 25 Q, Which one do you remember? SCRIBE ASSOCIATES, INC . 58 1 A . I can't remember the name of it . 2 Q . Sudden Impact? 3 A . Is that a murder mystery? 4 Q, It's the name of a Clint Eastwood film . 5 A . I think that's it . It's been -- 1979? 6 Q . It may have been . Like I say, he's been 7 in several movies, so you may have seen him . Do you 8 recall the role that he played? 9 A . No, I don't . 10 Q . Do you know if Harry DemopouZos has ever 11 testified on the significance of the Saranac r~ 12 documents? 13 A . I do not . 14 Q . As I understand, the only understanding 15 you have of Harry De.mopoulos is as an actor in a 16 movie? 17 A . Correct . 18 Q . Are you familiar with an expert by the 19 name of Simino, a Dr . Simino, also from New York? 20 I'm sorry, I cant remember his first name . 21 A . I'm sorry, I don't recall such an 22 individual . I don't know him . 23 Q . How about a Dr . Keith Morgan? 24 A . No, sir . 25 Q . In your consultations with attorneys for SCRIBE ASSOCIATES, INC . 69 1 Owens-Illinois, were you ever provided transcripts 2 of physicians or doctors who have reviewed the 3 Saranac documents so you would see what their 4 opinions may be as well? 5 A . No, sir . 6 Q . Have you ever read the deposition of a 7 Dr . Garrett Schepers? S A . No, sir . 9 Q . Are you familiar with a Dr . Schepers? 10 A . Only from reviewing the Saranac documents 11 and the publication . 12 Q . And I believe you reviewed the deposition 13 of Dr . Willie Hazard . 14 A . I don't think he was a doctor, but yes, 15 of Willie Hazard . 16 MR . PATRICK : I believe those are all the 17 questions I have . 18 MR . HENDRICKSON : Do you have anything up 19 - in Pittsburgh? 20 MR . CARTER : Yes, just a couple . 21 CROSS-EXAMINATION 22 BY MR . CARTER : 23 Q . Other than Owens-Illinois and 24 Westinghouse, what other companies have you 25 consulted with regarding asbestos? SCRIBE ASSOCIATES, INC . 70 1 A . None . 2 Q . And I may have missed this because of the 3 connection . Can you tell me how a substance makes 4 it on the A list by the EPA in terms of human 5 carcinogens? 6 A . 2'm sorry, could we go back to that other 7 question? The question you were asking me is with 8 regard to any litigation, is that correct? 9 Q . No, it was broader than just litigation . 10 It was just regarding asbestos . 11 A . I have certainly provided consultation 12 about asbestos to companies other than 13 Owens-Illinois and Westinghouse . 14 Q . Okay . Well, let me narrow that to 15 manufacturers of asbestos-containing products, 16 either present or past . 17 A . I'm sorry, I donut know who "other 18 manufacturers" are . I'm not sure i can answer that . 19 Q . I guess if they didn't tell you they were 20 making something or had made something, that would 21 kind of answer the question . 22 A . Okay . I donut specifically recall having 23 made anything specific . 24 Q . Okay . Now returning to the question I 25 asked after that regarding the A list by the EPA for SCRIBE ASSOCIATES, INC . 1 human carcinogens, can you tell me how a substance 2 makes the A list? 3 A . Yes . It is a review of the available 4 scientific and medical information, and the review 5 considers the human evidence and whether there is 6 sufficient human evidence to designate a substance 7 as a carcinogenic material . 8 Q . When the deposition first began, the 9 designation of your testimony by Westinghouse was 10 read and it included a term, that you were going to 11 testify regarding all substances and including 12 asbestos . 13 How do you understand that to fit into 14 your testimony, the "all substances" phrase? 15 A . How do I .see that fitting into my 16 testimony? 17 Q . Yes . 18 A . Comparing asbestos to all other 19 substances that based upon some level of exposure 20 can be toxic or produce adverse effects, occur 21 naturally or as a result of use in a variety of 22 products . So it would be comparatively, comparing 23 asbestos to all other substances . 24 MR . CARTER : I think that's all the 25 questions I have . SCRIBE ASSOCIATES, INC . 72 1 REDIRECT EXAMINATION 2 BY MR . PATRICK : 3 Q . I just need to follow up because I just 4 read the first portion of the statement . Let me 5 just read the statement into the record and just 6 make sure that the doctor agrees with this statement 7 of testimony, and I'm going to read the whole thing 8 again . 9 It says, "Raymond D . Harbison, M .S ., 10 Ph .D, practices pharmacology and toxicology . 11 Dr . Harbison will testify about the evolution of 12 toxicology and pharmacology as it relates to all 13 substances, including asbestos . Dr . Harbison will 14 offer expert testimony concerning all substances and 15 how all substances are toxic at some level . 16 Dr . Harbison will further opine how the field of 17 toxicology has studied ways in which to utilize 18 substances at safe levels . 19 _ "Dr . Harbison is not offered as an expert 20 on asbestos or asbestos-containing products, 21 accepted or purported asbestos hazards or the 22 history of medical knowledge of asbestos ." 23 Doctor, does that statement fairly and 24 adequately give us an idea of what you will testify 25 to at trial? SCRIBE ASSOCIATES, INC . 73 1 A . Yes, sir, it does . 2 MR . PATRICK : All right . Those are all 3 the questions I have . 4 MR . CARTER : I do have one more, if you 5 don't mind : I forgot to ask, have you either 6 prepared any exhibits or any charts or graphs 7 oz other visual medium upon which you intend to 8 rely or use at trial? 9 MR . HENDRICKSON ; Let me answer that for 10 him . He will have those . We haven't prepared 11 exactly what we're going to use yet, and as the 12 court has ruled, we have to show those to you 13 all before we use them . But they're just going 14 to be along the lines of the same types of 15 things referred to in his other depositions, 16 aspirin and how many is a safe level and how 17 many will kill you, those kind of things . SO 18 it's nothing that hasn't been really covered in 19 his prior testimony . 20 MR . PATRICK : Let me ask you this : Can 21 you get for me the charts that he used in the 22 prior case in 1993? 23 MR . HBNDRICKSON : I'll be glad to . 24 MR . PATRICK : Would those be generally 25 the same type of thing? SCRIBE ASSOCIATES, INC . 74 1 MR . HENDRZCKSON : Generally the same 2 ones . And I'11 go even further than that . 3 Once we get ready -- well, we've got to show 4 them to you before we use them with the jury, 5 the judge has ruled that, because the judge 6 doesn't want us to, or your side, to flash 7 something in front of the jury that one side or 8 the other may find objectionable before someone 9 testifies . Okay? 10 MR . PATRICK : I don't know and I haven't 11 been involved in the West .Virginia litigation, 12 but I have been involved in some of the 13 depositions . Is it his order that if there is 14 going to be exhibits like this to be used that 15 we would have the right to have a short 16 deposition prior to his testimony, say the 17 night before? 18 MR . HSNDRICKSON : No, that has not been 19 his ruling . 20 MR . PATRICK : Obviously I can't ask him 21 about it now because he doesn't have them 22 ready . 23 MR . HENDRICKSON : Right . Let's just say 24 this . If there is something there that takes 25 you all by surprise that you need to ask SCRIBE ASSOCIATES, INC . 75 1 questions about, then before he testifies I'll 2 be glad to put him up for that . 3 MR . PATRICK : All right . Thank you . 4 MR . HENDRICKSON : Why don't we let him 5 read it . 6 (Witness excused .) 7 (Whereupon, at 3 :00 p .m . the taking of S the deposition was concluded .) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCRIBE ASSOCIATES, INC . 76 1 CERTIFICATE OF OATH 2 3 STATE OF FLORIDA 4 COUNTY OF ALACHUA 5 I, Pamela A . Chorlog, a Notary Public of 6 the State of Florida at Large, being duly 7 authorized by Statute to administer oaths (Ch . 29, 8 F .S ., and F1a .R .Jud .Admin . 2 .070), certify that the 9 witness, RAYMOND D . HARBISON, M .S ., PH .D ., was 10 first duly sworn by me to testify the whole truth . 11 witness my hand and seal at Gainesville, 12 Florida, this 4th day of April, 1994 . 13 14 /, 15 C ., R .P .R ., AND NOTA Y PUBLIC 16 STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES 2/16/94 17 18 PM7EU A CNQp.08 19 ' MV f%*NIpION I CC 713W t'+~' F7fPIRE9: frhwY it low w' ~1`.""" Bakq 71YU IM~y ilAlo IXM~wrn 20 21 22 23 24 25 SCRIBE ASSOCIATES, INC . 77 1 CERTIFICATE WITH ACKNOWLEDGEMENT 2 I, Pamela A . Chorlog, C .M ., Registered 3 Professional Reporter, certify that I was 4 authorized to and did stenographically report the 5 foregoing deposition ; and that the transcript is a 6 true record of the testimony given by the witness . 7 I further certify that I am neither 8 attorney or counsel for any of the parties, nor a 9 relative or employee of any attorney or counsel 10 connected herewith, nor financially interested in 11 the event of this case . 12 I further certify that the original of 13 this deposition was delivered to Mr . Patrick and 14 was true and correct at the time of delivery . 15 16 1--------- 17 PAMELA A . CHORLOG, , RPR 18 19 STATE --0F FLORIDA COUNTY OF ALACHUA 20 The foregoing certificate was acknowledged 21 before me this Wkcedo, of April, 1994, by Pamela A . Chorl-46$~i.l4g personally known to me . 22 23 NICE OOST$RHOUDT, Notary 24 ~l~~~dblic, State of Florida . :.My Commission Expires 2/1/97 25 SCRIBE ASSOCIATES, INC . Publication G the American College of legal Medicine .: Lesal ~s M~dic~~ ~ects.of raCtiCe h CONTENTS CONTINUED Postmortem Like the songs on that EoultvliisvePdrehsiml,eythWe aqunesttioDniseabout how the king of rock and roll died seem m have a life of their own Cyrii H. Wecht, M.D., J.D., F.C.1. . . . . . . . . ;. . . . . . . ~f Why Chad Green Died in Mexico We need a Supreme Court pronouncement on laetrile to strike the balance between the right of privacy and state's regulatory interest Corey H . Marco, M.D ., ) .D., F.C .L.M. . . . . . . . . . . . . . . . , . . . . . . . . . . 35 Can You Put Your Trust in Pure Family Trusts? The physician who tries to outfox the IRS with a pure family trust may well discover that it holds more blue sky than benefits Loren B. Christenfeld, M.S.A., ).D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Your Discretionary Power Isn't What It Used to Be Once considered solid as granite, a physician's medical judgment is being chipped at by court decisions, new government agencies, and legislative fiat Walter 5. Feldman, M.D., ).D., F.C.L.M. . . . . . . . . . . . . . . . . . . . . . . . . 41 DEPARTMENT Editorials Must you protect yourself against a patient's folly? . . . . . . . . . Briefing the Doctor . . . . . . . . . . . . . 6 The Physician's AdvocaN May RNs modify doses? Recourse for rebuffs? Withhold feedings? . , . . . . . . . . . . . 1 1 Letter to the Editor Truth above advocacy ; limits on minors . . . . . . 12 Tax Laws and the Doctor Partnershi can affect pension plan coverage . . . . . . . . . . 13 Critical Cases Duty to warn potential victims; hospital liability split from new intern's; parameters set for MD testimony on podiatry . . . . 44 Book Reviews Tort Reform and Related Proposals; The Healers . . . , . . . . . . . 47 LAMP lights . . . . . . . . . . . . . . . . . . . 50 News Briefs Countersuii doomed by Supreme Court; judge bars list of MDs and Medicaid income . . . . 52 Guide for Authors , . . . . . . . ., . . ., 55 The views and opinions in Legal Aspects of Medical Practice are dose of the individual authors; and legal authorities cited and do not necessarily represent those of the American College of Legal Medicine, die editors a publishers, or any institutions, organizations, or corporations with which the authors arc affiliated. 6 LOO C E i B x LEGAL ASPEC7S Of MEDICAL PRACTICE 0 DECEMBER 1979 - =9 LVIS PRESLEY is dead, but the questions that remain about how he died have un- corked a royal medicolegal controversy that E seems made to order for the late singer's reputation as the king of rock and roll. Two years ago, Memphis medical examiner Dr. Jerry T. Francisco told a press conference that Presley died of heart disease, After he took part in a private autopsy that had been requested by Presley's personal physician, Dr, Francisco said the death was due to "cardiac arrhythmia of undetermined cause ." Two months later he concluded his investigation by describing the death as "HCVD associated with ASHD," hypertansive cardiovascular disease associated with atheroscleretic heart disease . But today, two years later, the questions about Elvis Presley's death won't go away. Like the songs that outlived him, the doubts about the Presley diagnosis are replayed again and again . The controversy has never faded far from the public eye. But recently it was drawn into sharper focus by a couple of yew developments--each casting new doubt on the validity of Dr. Francisco's conclusion. One concerned a hearing that was scheduled to begin last month by the Tennessee Board ofMedical Examiners . The board was looking into charges that Presley's physician, Dr. George Nichopoulos indiscriminately prescribed drugs for Presley . The toxicology report shows that traces of nine drugs were discovered in Presley's body. They included codeine, .morphine,methaqualone, diazepam metabolite, qthinamau, ethchlorvynol, pentobarbital, Phenobarbital, and butabarbital . The second event that renewed the controversy was a documentary aired earlier this year by ABC-TV that raised questions after the network did an extensive investigation about whether there was a coverup surrounding the cirpumstances ofPresley's death. Prior to theprogram, I was contacted by ABC to find out if I would be willing to look through materials they had obtained to advise them of the cause and manner of death . ' I cannot go so far as to say it was a coverup, as I did with the Kennedy . assassjnation, because that indicates that you have kno,!~ledge of a deliberate attempt to hide things. I have no knowledge of such an attempt. However, ABC's characterization of the diagnosis as a covervp is not illogical or unfair . And I don't think its reporters can be accused of cheap journalism because they obtained expert medical testimony before arriving at their conclusions . When you examine the toxicology report and see that nine central nervous system depressant drugs were found and when you see the levels that were Address reprint requests to Cyril N. Wech(, M.D ., &LLF .C .L .M ., Coroner of Allegheny County, 1319 frick_Ruildlng, Pittsburgh, Pa . uzrv discovered in the body, you have to cone was a drug death. If you take these nine consider their effects on the central new ~ and the depressive effects on cardiovascu `' spiratory functions-which is how they kil be no question . Dr. Matthew J. Ellenhom, who specializes cal pharmacology a~ medical toxicology, the drugs are "additive in their nature and to what were probably the central nervous depressant effects leading to the death of thi~t' vidual ." He added : "The prescribing of such together is not within the scope of accepted o standards and would cause harm in provoking I ous central nervous system depression if not dea I don't think you can call Presley's death a typk classical multidrug overdose, however . That's bec you don't have many cases-if any-involving different drugs, as was the case here . The classic 4 Sudden death in such circumstances would universally be consider a medical examiner's ca dose is when someone combines tranquilizers cohpl or combines barbiturates, tranquilize alcohol . But no traces of alcohol were found in P system . Those who support the theory that Presley had built up a tolerance to these drugs are only speculating:' They have no basis for saying that. And even if we assume there was some tolerance, with these drugs involved, you have an overwhelming q You get a cumulative effect . It produces the macological phenomenon known as synergism, . means you get more of a geometric than a arithmetic effect when you add one drug to One compounds the effect of the next. In this case;, like adding two plus two plus two . Only you come up with six. You might come up with nine of or even 15. From the start, the case was not handled well by the medical examiner's office . Dr . Francisco claims he did not take charge of the case because an autopsy can only be ordered by the county district attorney, The. DA can order an autopsy only if he suspects homicide or foul play, but the medical examiner can recommend one . Why didn't he? Look at the facts . Here you have a 42-year-old man-and let's forget for the moment that he's Elvis Presley . A man is suddenly found dead and you have no reason to suspect any prior fife-threatening cic", ; 30 LEGAL ASPECTS OF MEDICAL PRACTICE D DECEMBER I7rnta! IifeNcine . CYItIL H. WECHi, M.D ., J.D., F.C .L .M ., b coroner of AoflfiktgesbseInnrPCitotusnbtuyr,ghr,.a.,nwditdhee etiitor ofLegd A .rpafa a/ MedimlPrac6ce . He is a past president of the American Academy of Forensic Sciences and of the American College of Legal Medicine end has been elected to ho norary fellowships in national medical legal societies of Belgium. France . Spain. Mexico. and Colombia . Director of the Pittsburgh Institute of Legal Medicine, he aim serves u a Clinical associate professor or urgh Schools of Medicine and cumstances . That kind of situation would universally be a medical examiner's or a coroner's case . -Rut what happened? An autopsy was requested by Presley's physician, and it was performed at Baptist Memorial Hospital [ think Dr. Francisco's explanation of his role in the autopsy and why it was not 8 m - o conducted at his office leaves much to be desired and raises questions about whether he acted properly in this situation . I believe the autopsy should have been performed at the medical examiner's office and that he could have recommended that to the DA. Instead, Dr. Francisco claims he did not want to transport Presley's body across the street from the hospital to his office because a crowd was gathering outside . He tells us that the private autopsy was done under the auspices of the hospital and that he was only there as a consultant. His inconsistencies here are unbelievable . On the one hand, he says it was not a case under the jurisdiction ofthe medical examiner's office. But immediately after the autopsy was performed, he held a news conference to give the case of death . If it were not his case, why did he raise the point about his fearing the gathering crowd and the difficulty in transporting the body to his office? It's inconsistent . There are other problems-not only with conclu- sions drawn from the autopsy-but with the proce- dures employed . For example, the sequence of events following the autopsy-the haste with which Dr . Fran- cisco declared -that Presley had died of heart disease-casts doubt on that diagnosis. The micro- scopic slides from the autopsy would have taken 24 or 48 hours to get back for study ; similarly, the toxicol- ogy results that would indicate whether drugs were involved could not have been received . Yet. Dr . Fran- cisco immediately held a news conference giving the cause of death as cardiac arrhythmia . Cardiac arrhythmia is something a pathologist can- not see when he is doing an autopsy . There are only two ways he can make that diagnosis: in a live person with a stethoscope held to the chest and with an ECG . When you examine someone after death, nothing will tell you he had ventricular fibrillation when he died . For Dr . Francisco to be giving such a diagnosis when he had no information about his condition immediately prior to death and without the benefit of microscopic sections and toxicologic analyses is incredible . Dr. Francisco advanced the argument that the size of Presley's heart, reportedly twice what it should have been, pointed to heart disease 2s a probable cause and that the arteries were 60% clogged . His heart supposedly weighed 550 gm . That is not twice normal size. A 400 gm heart for someone Presley's size would have been only slightly larger than the upper limits ofthe normal range, so it was nowhere near twice normal size. Moreover, an informed source has told me that Dr. Francisco based his finding that the arseries were 60% clogged in only a focal area of one coronary artery . That is not highly unusual to discover in a 42-year-old man . It is not an exciting finding in the absence of fresh hemorrhage into an atheromatous plaque or a recent thrombotic occlusion . In the wake of the controversy surrounding the diagnosis, Dr. Francisco has refused to make the autopsy report public, arguing that because it was done privately, its findings are confidential . There may have been some justification to that initially-but not anymore . Formal legal proceedings are now underway against one of the doctors (Nichopoulos) . The veil of confidentiality should be lifted . It is unfortunate that Dr. Francisco has stuck to his contention that the findings of the autopsy must re- main confidential. Perhaps he is embarrassed by the charges that he should have requested that the DA order an autopsy . This is one issue that continues to bob to the surface . Dr. Francisco says the mason for the autopsy was that it was requested by Presley's physician . The doc- tor requested it because Presley's father reportedly mentioned that he was concerned about a threat to poison his son . When a man dies unexpectedly and suddenly after a threat has reportedly been made against his life, doesn't that raise the suspicion of foul play? LEGAL ASPECTS OF MEDICAL PRACTICE 0 DECEMBER 1979 31 ., ' T' THIS MATERipI )g PROVIDED TO `Y'~, Y' INa Ness, Motley Brindle, Robbin 577-6747 5/13/94 1 (BACK75) UI -76016065 AU - Harbison RD ; Braude MC TI - Overview of the perinatal narcotic addiction conference and future research goals in developmental pharmacology of abused drugs. SO - Addict Dis 1975 ;2(1-2):1-5 2 (BACK75) UI -76016088 AU - Evans MA ; Stevens MW ; Mantilla-Plats B ; Harbison RD TI - Drugs of abuse: teratogenic and mutagenic considerations . SO -Addict Dis 1975;2(1-2):45-61 3 (MEDLINE) UI -92410995 AU - Boyd VL ; Kvatxune P ; Harbison R ; Kadowitz P7 ; McNamara DB IT - Actions of SQ 29,548 on contractile responses and arachidonic acid metabolism of intrapulmonary arteries, in vitro. SO - Agents Actions 1992 Mar;35(3-4):28.08 4 (BACK80) UI -81130754 AU - Sumaya 6,V ; Harbiso Britton HA TI - Pneumococagl vaccine s. Two case reports and review . SO -Am J Dis CN19189811 Feb; 135(2):155-8 5 (BACK75) UI -78163332 AU - Wilson JT ; Kasantikul V ; Harbison R ; Martin D TI - Death in an adolescent following an overdose of acetaminophen and phenobarbital . RF - REVIEW ARTICLE: 78 REFS. SO - Am J Dis Child 1978 May; 132(5) :466-73 6 (MEDLINE) UI -92391653 AU - Roberts SM ; Munson JW ; James RC ; Harbison RD TI - An assay for cocaethylene and other cocaine metabolites in liver using high-performance liquid chromatography. SO - Anal Biochem 1992 May 1 ;202(2).256-61 7 (BACK80) UI -80196432 AU - Wood M ; Berman ML ; Harbison RD ; Hoyle P ; Phythyon JM ; Wood AJ TI - Halothane-induced hepatic necrosis in triiodothyronine-pretreated rats. SO - Anesthesiology 1980 Jun;52(6) :470-6 7 L~J 8 (BACiC66) UI -68240269 AU - Harbison RD ; Spratt JI, TI - Disappearance of plasma bilirubin fractions in the rat after phenobarbital . SO - Arch Int Pharmacodyn Ther 1968 Mar; 172(l) :32-6 9 (BACK85) LJI - 89165777 Ail - Har 'so RG TI -'Intes~ti 1s ery in gynaecological oncology' [letter] SO - Aust N ~T Obstet Gynaecol 1988 Aug;28(3) :242 10 (BACK66) UI -68003765 AU - Harbison RD ; Boerth RC ; Spratt JL TI - Quantitative determination of free and conjugated bilirubin by diazo coupling and a liquid-extraction and column-chromatographic technique. SO - Biochem J 1967 Sep;104(3):46C-47C 11(MEDLINE) UI -92281565 AU - Roberts SM ; Roth L ; Harbison RD ; James RC TI - Cocaethylene hepatotoxicity in mice. SO - Biochem Pharmacol 1992 May 8;43(9) :1989-95 12 (BACK80) UI -84079990 AU - Smith AC ; Berman ML ; James RC ; Harbison RD TI - Characterization ofhyperthyroidism enhancement ofhalothane-induced hepatotoxiciry . SO - Biochem Phumacol 1983 Dec 1 ;32(23) :3531-9 13 (BACK80) UI - 82256659 AU -James RC ; Harbison RD TI - Hepatic glutathione and hepatotoxicity : effects of cytochrome P-450 complexing compounds SKF 525-A, L-alpha acetylmethadol (LRAM), norLtlAM, and piperonyl butoxide. SO -BiochemPharmaco11982May 15 ;31(10):1829-35 14 (BACK80) UI -81207361 AU - Fant M ; Speeg KV Jr ; Harper S ; Harbison RD TI - Cholinergic elements in a human choriocarcinoma cell line. SO - Biochem Pharmacol 1981 May 1;30(9) :967-70 15 (BACK80) UI -81184058 AU - Smith AC ; Freeman RW ; Harbison RD 1T - Ethanol enhancement of cocaine-induced hepatotoxicity . SO - Biochem Pharmacol 1981 Mar 1 ;30(5) :453-5 16 (BACK80) UT -81281924 AU - Goodman DR ; Harbison RD TI - Characterization of enzymatic acerylcholine synthesis by mouse brain, rat sperm, and purified carnitine acetyluansferase . SO - Biochem Pharmacol 1981 Jun 15;30(12) :1521-8 17 (BACK80) UI -81232322 AU - Freeman RW ; Harbison RD TI - Hepatic periportal necrosis induced by chronic administration of cocaine. SO -BiochemPharmacol 1981 Apr 1 ;30(7) :777-83 18 (BACK75) UI -76252826 AU - Bishop AM ; Sastry BV ; Schmidt DE ; Harbison RD TI - Occurrence of choline acetyltransferase and acetylcholine and other quaternary ammonium compounds in mammalian spermatozoa. SO - Biochem Phatmacol 1976 Jul 15 ;25(14):1617-22 19 (BACK75) UI -76231698 AU - Rama Sastry BV ; Olubadewo J ; Harbison RD ; Schmidt DE TI - Human placental cholinergic system. Occurrence, distribution and variation with gestational age of acetylcholine in human placenta. SO - Biochem Pharmacol 1976 Feb 15;25(4) :425-31 20 (BACK80) UI -84205834 AU - Goodman DR ; Adatsi FK ; Harbison RD TI - Evidence for the extreme overestimation of choline aceryltransferase in human sperm, human seminal plasma and rat heart: a case of mistaking carnitine acetyltransferase for choline acetyltransferase . SO - Chem Biol Interact 1984 Apr;49(1-2):39-53 21 (BACK80) LJI -86218200 AU - Harbison RD TI - Acetaminophen as an aspirin substitute: is it safer? SO - Chem Depend 1980 ;4(1-2) :71-84 22 (BACK80) UI - 81186432 AU - Harbison RD TT - Acetaminophen as an aspirin substitute : is it safer? SO - Chom Depend 1980 ;4(1-2) :71-84 23 (BACK85) UI - 852X928 AU - H so RW ; e Lemos RA ; Boldt DH TI - Neona nia . SO -Comer er 1985 May;ll(5) :33-43 24 (BACK80) UI -85026878 AU - Teaf CM ; Freeman RW ; Harbison RD TI - Cocaine-induced hepatotoxicity : lipid permcidation as a possible mechanism. SO -Drug Chem Toxicol 1984;7(4):383-96 25 (BACK80) UI -84207591 AU - James RC ; Freeman RW ; Harbison RD TI - L-alpha-acetylmethadol-induced tissue alterations in mice. SO - Drug Chem Toxicol 1984 ;7(1):91-112 26(MED1,119E) UI -93307059 AU - Roberts SM ; Harbison RD ; James RC TI - Inhibition by ethanol of the metabolism of cocaine to benzoylecgonine and ecgonine methyl ester in mouse and human liver. SO - Drug Metab Dispos Biol Fate Chem 1993 May-Jun;21(3) :537-41 27 (MEDLINE) UI -92201092 AU - Roberts SM ; Harbison RD ; James RC TI - Human microsomal N-oxidative metabolism of cocaine . SO - Drug Metab Dispos Biol Fate Chem 1991 Nov-Dec; 19(6):1046-51 28 (BACK80) UI -81236161 AU - Freeman RW ; Uetrecht JP ; Woosley RL ; Oates JA ; Harbison RD TI - Covalent binding of procainamide in vitro and in vivo to hepatic protein in mice . SO - Drug Metab Dispos Biol Fate Chem 1981 May-Jun;9(3):188-92 24 (BACK66) LTI -70241107 AU - Eling TE ; Harbison RD ; Becker BA ; Fouts JR TI - Kinetic changes in microsomal drug metabolism with age and diphenylhydantoin treatment. SO - Eur J Pharmacol 1970 Jul 1 ;11(1) :101-8 30 (BACK80) UI -82165745 AU - Goodman DR ; James RC ; Hubison RD TI - Placental toxicology. RF - REVIEW ARTICLE: 68 REFS. SO - Food Chem Toxicol 1982 Feb;20(1) :123-8 31 (BACK89) UI -89276751 AU - Harbison RD ; Marino DJ ; Conaway CC ; Rubin LF ; Gandy J TI - Chronic morpholine exposure of rats . SO - Fundam Appl Toxicol 1989 Apr;12(3) :491-507 32 (BACK80) LTI - 84209525 AU - Smith AC ; James RC ; Berman ML ; Hubison RD TI - Paradoxical effects of perturbation of intracellular levels of glutathione on hatothane-induced hepatotoxicity in hyperthyroid rats. SO - Fundam Appl Toxicol 1984 Apr;4(2 Pt 1)221-30 33 (BACK80) UI -84029666 AU - James RC ; Roberts SM ; Harbison RD TI - The perturbation of hepatic glutathione by alpha 2-adrenergic agonists. SO - Fundam Appl Toxicol 1983 Jul-Aug;3(4):303-8 34 (BACK80) Ul -83288235 AU - Jernigan JD ; Pounds JG ; Harbison RD 1'I - Potendation of chlorinated hydrocarbon toxicity by 2,5-hexanedione in primary cultures of adult rat hepatocytes . SO - Fundam Appl Toxicol 1983 Jan-Feb;3(1):22-6 35 (MEDLINE) Ul -92234474 AU - Roth L ; Harbison RD ; James RC ; Tobin T ; Roberts SM TI - Cocaine hepatotoxiciry: influence ofhepatic enzyme inducing and inhibiting agents on the site of necrosis. SO - Hepatology 1992 May; 15(5):934-40 36 (BACK75) Ul -77029788 AU - Mantilla-Plats B ; Harbison RD TI - Influence of alteration of tetrahydrocannabinol metabolism on tetrahydrocannabinol-induced teratogenesis. pp. 733-42. SO - In: Braude MC, Szara S, ed. Pharmacology of marihuana. Vol 2. New York, Raven Press, 1976 . WM 276 P536 1974. ; : 37 (BACK75) UI -77141855 AU - Evans MA ; Dwivedi C ; Harbison RD TI - Enhacement of cocaine-induced lethality by phenobarbital. pp; 253-67 . SO - In: Ellinwood EH Jr., Kilbey MM, ed. Cocaine and other stimulants. New York, Plenum Press, 1977. W3 AD215 v. 21 1975. ;: 38 (BACK75) Ul -76191910 AU - Mantilla-Plats B ; Haibison RD 'IT - Alteration of delta9-tetrahydrocannabinol-induced prenatal toxicity by phenobarbital and SKF-525A . pp. 469-80. SO - In: Nahas GG, et al., ed. Marihuana: chemistry, biochemistry, and cellular effects. New York, 3pringer, 1976. QV 109 S253m 1975. ;: 39 (BACK66) Ul -74125032 AU - Wilson BJ ; Harbison RD TI - Rubratoxins . RF - REVIEW ARTICLE: 15 REFS. SO -J Am Vet Med Assoc 1973 Dec 1 ;163(11) :1274-6 40 (BACK85) UI - 86195680 AU - Ignarro LJ ; Wo KS ; Harbis RG ' adowitz PJ TI - Atriopeptin II relax and elevates in bovine pulmonary artery but not vein. SO - J Appl Priysiol 1986 r;60(4) :1128-33 41 (BACK75) Ul -79194192 AU - Fant ME ; Harbison RD ; Harrison RW TI - Glucocorticoid uptake into human placental membrane vesicles . SO - J Biol Chem 1979 Jul 25;254(14) :6218-21 42 (MEDLINE) Ul -91353301 AU - Shoaf AR ; Sheikh AU ; Hubison RD ; Hinojosa O TI - Extraction and analysis of superoxide free radicals (.02-) from whole mammalian liver. SO - 7 Biolumin Chemilumin 1991 Apr-Jun;6(2):87-96 43 (BACK75) Ul -81143323 AU - Koshakji RP ; Bush MT ; Harbison RD TI - Metabolism and distribution of 2,4,5-trichlorophenoxyacetic acid (2,4,5-T) in pregnant mice . SO - J Environ Sci Health [C] 1979;13(4) :315-34 44 (MEDLINE) Ul -93163938 AU - James RC ; Busch H ; Tamburro CH ; Roberts SM ; Schell JD ; Harbison RD TI - Polychlorinated biphenyl exposure and human disease . RF -REVIEW ARTICLE: 58 REFS. SO - J Occup Med 1993 Feb;35(2) :136-48 45 (BACK75) Ul -78028563 AU - Evens MA ; Harbison RD TI - GLC microanalyses ofphenacetin and acetaminophen plasma levels. SO - J Pharm Sci 1977 Nov;66(I 1):1628-9 46 (BACK75) Ul -77209578 AU - Agrawal AK ; Parmar SS ; Dwivedi C ; Harbison RD TI - Synthesis of 5-substituted 2-oxazolidinethiones and their antagonism to uterotropic effect of diethylstilbestrol . SO - J Pharm Sci 1977 Jun;66(6) :887-9 47 (BACK75) Ul -77167803 AU - Evens MA ; Harbison RD TI - Micromethod for determination ofmeperidine in plasma . SO - J Pharm Sci 1977 Apr;66(4) :599-600 48 (BACK75) UI - 75171833 AU - Gupta AK ; Dwivedi C ; Gupta TK ; Parmar SS ; Harbison RD TI - Synthesis of 2-(N-arylcarboxamide)-3-substituted ethoxyindoles and their monoamine oxidase inhibitory and anticonwlsant activities . SO - 7 Pharm Sci 1975 Jun;64(6) :1001-5 49 (BACK75) UI -75213633 AU - Ali 13 ; Kumar R ; Parmar SS ; Dwivedi C ; Harbison RD 1T - Antihemolytic and anticonvulsant activities of 1-(2,4-dichloro/2,4,5-trichlomphenoxyaceryl)-4-alkyUarylthiosemicarl ties and their inhibition of NAD-dependent oxidations and monoamine oxidase. SO - J Pharm Sci 1975 Aug;64(8) :1329-33 50 (BACK66) UI -74308010 AU - Dwivedi C ; Harbison RD ; Ali B ; Parmu SS TI -Synthesis of substituted idenes : correlation between anticonwlsant activity and monoamine inhibitory and antihemolytic properties . SO - J Pharm Sci 1974 Ju1;63(7):1124-8 51(BACK66) UI -74298366 AU - Parmu SS ; Pandey BR ; Dwivedi C ; Harbison RD TI - Anticonvulsant activity and monoamine oxidase inhibitory properties of 1,3,5-trisubstituted pyrazolines. SO - J Pharm Sci 1974 Ju1;63(7):1152-5 52 (BACK66) UI -69164782 AU - Hubison RD ; Becker BA TI - Barbiturate mortality in hypothyroid and hyperthyroid rats . SO - J Pharm Sci 1969 Feb;58(2) :183-5 53 (BACK85) UI -87283387 AU - James RC ; Schiefer MA ; Roberts SM ; Harbison RD TI - Antagonism of cocaine-induced hepatotoxicity by the alpha adrenergic antagonists phentolamine and yohimbine . SO - J Pharmacol Ezp Ther 1987 Aug;242(2) :726-32 54 (BACK85) UI -86227141 AU - Ignarto LJ , 1 TI - Activation of p relaxing factor acetylcholine, brad.,' SO - J Pharmacol Exp R(5 ;)Wood KS ; Kadowitz P7 lybCe Suanylate cyclase by endothelium-derived pulmonary artery and vein: stimulation by and aractridonic acid. 1986 Jun ;237(3) :893-900 55 (BACK85) UI -86088700 AU - Ignarro LJ ~ TI - Dissimilaritie cyclic GMP fo by nitrogen ox SO - J Phumacol n RU) Wood KS ; Kadowitz PJ me lette blue and cyanide on relaxation and m endothelium-intact intrapulmonary artery caused airing vasodilators and acerylcholine . er 1986 Jan,236(1) :30-6 56 (BACK85) UI - 85237014 AU - Ignarro ; Harbis RG ; Wood KS ; Wolin MS ; McNamara DB ; Hyman AL ; Kadowitz PI TI - Differences i responsiveness of intrapulmonary artery and vein to arachidonic aci : mechanism of arterial relaxation involves cyclic guanosine 3':5'- onophosphate and cyclic adenosine 3':5'-monophosphate . SO - J Pharmacol E Ther 1985 Jun;233(3) :560-9 57 (BACK80) UI -82216404 AU - James RC ; Goodman DR ; Harbison RD TI - Hepatic glutathione and hepatotoxicity:changes induced by selected narcotics . SO - J Pharmacol Exp Ther 1982 Jun;221(3):708-14 58 (BACK80) UI -82145271 AU - Wells PG ; Kupfer A ; Lawson JA ; Harbison RD TI - Relation of in vivo drug metabolism to stereoselective fetal hydantoin toxicology in mouse; evaluation of mephenytoin and its metabolite, nirvanol . SO - J Pharmacol Exp Ther 1982 Apr;221(1):228-34 59 (BACK80) UI -81242139 AU - Freeman RW ; Harbison RD TI - The role of benuylmethylecgonine in cocaine-induced hepatotoxicity . SO - J Pharmacol Exp Ther 1981 Aug;218(2) :558-67 60 (BACK80) UI -81071782 AU - Oison RD ; MacDonald JS ; vanBoxtel CJ ; Bcerth RC ; Harbison RD ; Slonim AE ; Freeman RW ; Oates JA TI - Regulatory role of glutathione and soluble sulthydryl groups in the toxicity of adriamycin. SO - J Pharmacol Exp Ther 1980 Nov;215(2) :450-0 61 (BACK75) UI -77230052 AU - Harbison RD ; Mantilla-Plats B ; Lubin DJ TI - Alteration of delta 9-tetrahydrocannabinol-induced teratogenicity by stimulation and inhibition of its metabolism . SO - J Phartnacol Exp Ther 1977 Aug,202(2) :455-65 62 (BACK66) UI -72127356 AU - Harbison RD ; Mantilla-Plats B TI - Prenatal toxicity, maternal distribution and placental transfer of te4xhydrceannabinol. SO - J Pharmacol Exp Titer 1972 Feb; 180(2) :446-53 63 (BACK66) UI -71037308 AU - Harbison RD ; Becker BA TI - Effect of phenobarbital and SKF 525A pretreatment on diphenylhydantoin teratogenicity in mice . SO - J Pharmacol Exp Ther 1970 Nov;175(2):283-8 64 (BACK66) UI -70083343 AU - Eling TE ; Harbison RD ; Becker BA ; Fouts JR TI - Diphenylhydantoin effect on neonatal and adult rat hepatic drug metabolism. SO - J Pharmacol Exp Ther 1970 Jan; 171(l):127-34 65 (BACK89) LJI -90134018 AU - Gandy J ; Millner GC ; Bates HK ; Casciano DA ; Harbison RD TI - Effects of selected chemicals on the glutathione status in the male reproductive system of rats . SO - J Toxicol Environ Health 1990;29(1) :45-57 66 (BACK80) III - 83010431 AU - Jernigan JD ; Harbison RD TI - Role of biotransformation in the potentiation of halocarbon hepatotoxiciry by 2,5-hexanedione. SO - J Toxicol Envimn Health 1982 May-7un;9(5-6):761-81 67 (BACK75) UI -77145913 AU -Gerber JG ; MacDonald JS ; Harbison RD ; Villeneuve JP ; Wood AJ ; Nies AS TI - Effect of N-acetylcysteine on hepatic covalent binding of paracetamol (acetaminophen) [letter] . SO -Lancet 1977 Mar 19;1(8012):657-8 68 (BACK85) UI -87227924 AU - Roberts SM ; James RC ; Harbison RD ; Grund VR TI - Histamine and hepatic glutathione in the mouse. SO -Life Sci 1987 May 25;40(21)2103-10 69 (BACK66) UI - 74044015 AU - H iso RG TI - Amm tic embolism. SO -Must19730ct6;2(14) :687-8 70 (BACK66) UI - 71 551 AU - H iso G , Williams RW TI - Doci rs' SO -Med Aust 1971 May 1;1(18) :985 71 (B CK66) UI - 6 9659--~-~ AU - H biso(t RFJ TI - Pad t tr~ufl6rtation . SO - Med Aust 1969 Aug 9;2(6):302-8 72 (BACK85) IJI - 86014131 AU - Teaf CM ; Harbison RD ; Bishop JB TI - Germ-cell mutagenesis and GSH depression in reproductive tissue of the F-344 rat induced by ethyl methanesulfonate . SO - Mutat Res 1985 Oct; 144(2):93-8 73 (BACK80) UI -83272102 AU - Ali SF ; Cranmer JM ; Goad PT ; Slikker W Jr ; Harbison RD ; Cranmer MF 1T - Trimethyltin induced changes of neurotransmitter levels and brain receptor binding in the mouse. SO -Neurotoxicology 1983Spring ;4(1)29-36 74 (BACK85) UI - 88143853 AU - Gcetz DW ; 1 SE ; Harbison RW Reid MI TI - Pediatric acqui immunodefici~ucy~syndrome with negative human immunodeficiency irus antibody response by enzyme-linked immunosorbent assay and Western b t. SO - Pediatrics 1988 Mar; (3):356-9 75 (BACK80) UI -82221267 AU -Co L e TI - Simp=Iiiedl uIrm S0 - Pediatrics 198F2osJul 7 Kotchmar GS ; HarbisoRWu opy to detect significant b uria. S) .133 -5 76 (BACK66) UI -70009061 AU - Harbison RD ; HIaassen CD ; Becker BA TI - Hemodynamics of the isolated perfused liver of hypothyroid and hyperthyroid rats. SO - Proc Soc Exp Biol Med 1969 Oct; 132(l) :96-9 77 (BACK75) UI -77079560 AU - Evans MA ; Harbison RD ; Brown DJ ; Forney RB TI - Stimulant actions of delta9-tetrahydrocannabinol in mice . SO - Psychopharmacology (Berl) 1976 Nov 24;50(3) :245-50 78 (BACK75) UI -75218762 AU - Ali B ; Parmar SS ; Dwivedi C ; Harbison RD TI - Selective inhibition of nicotinamide adenine dinucleotide dependent oxidations by substituted carbamides. SO - Res Commun Chem Pathol Pharmacol 1975 May; l 1(1) :163-6 79 (BACK66) UI -75066772 AU - Koshakji RP ; Sastry BV ; Harbison RD TI - Studies on the levels and nature of cholinesterase in human and mouse placenta. SO - Res Commun Chem Pathol Pharmacol 1974 Sep;9(1) :181-4 80 (BACK66) UI -74129426 AU - Jones MM ; Harbison RD TI - Phthatyltetrathioaceac acid (PTTA) a new mercury cheladng agent. SO - Res Commun Chem Pathol Pharmacol 1974 Feb;7(2) :389-98 81 (BACK66) UI -74024916 AU - Koshakji RP ; Cole J ; Harbison RD TI - Influence of injection volume on parathion toxicity and plasma and brain cholinesterase inhibition . SO - Res Commun Chem Pathol Pharmaco11973 Sep;6(2) :677-87 82 (BACK66) LTI -73168742 AU - Koshakji RP ; Wilson BJ ; Harbison RD TI - Effect of rubratoxin B on prenatal growth and development in mice. SO - Res Commun Chem Pathol Pharmacol 1973 May;S(3) :584-92 83 (BACK75) UI -75103360 AU - Perry LJ ; Harbiso RM~, Lumb RH TI - The use of H four~and~d-half clearing fluid for the rapid microscopic examination of k sections of normal and neoplastic tissues . SO -StainTechno119 an;50(1) :47-50 84 (MEDLINE) UI -93069004 AU - Gandy J ; Bates HK ; Conder LA ; Harbison RD TI - Effects of reproductive tract glutathione enhancement and depletion on ethyl methanesulfonate-induced dominant lethal mutations in Sprague-Dawley rats. SO - Teratogenesis Cucinog Mutagen 1992;12(2) :61-70 85 (BACK89) LTI -91262924 AU - Teaf CM ; Bishop JB ; Harbison RD TI - Potentiadon of ethyl methanesulfonate-induced germ cell mutagenesis and depression of glutathione in male reproductive tissues by 1,2-dibromcethane . SO -Teratogenesis Carcinog Mutagen 1990;10(6) :427-38 86 (BACK85) UI -88127593 AU - TeafCM ; Bishop JB ; Harbison RD TI - Depression of glutathione in male reproductive tissues and potentiation of EMS-induced germ cell mutagenesis by L-buthionine sulfozimine. SO - Teratogenesis Carcinog Mutagen 1987 ;7(6):497-513 87 (BACK85) UI -87070502 AU - Shoaf AR ; Jarmer S ; Harbison RD TI - Heavy metal inhibition of camitine aceryltransferase activity in human placental syncydotrophoblast: possible site of action of HgC12, CH3HgC1, and CdC12. SO - Teratogenesis Cucinog Mutagen 1986;6(5):351-60 88 (BACK85) UI -86290205 AU - Jarmer S ; Shoaf AR ; Harbison RD TI - Comparative enzymatic acetylation ofcarnitine and choline by human placenta syncytiotrophoblast membrane vesicles. SO - Teratogenesis Carcinog Mutagen 1985;5(6):445-61 89 (BACK80) UI -84073811 AU - Freeman RW ; Hubison RD TI - Analysis of maternal alpha-fetoprotein : a comparison of three radioimmunoassays. SO - Teratogenesis Carcinog Mutagen 1983 ;3(5):407-20 90 (BACKSO) UI -83172260 AU - Goodman DR ; Fant ME ; Harbison RD 'TI - Perturbation of alpha-aminoisoburydc acid transport in human placental membranes : direct effects by HgC12, CH3HgC1, and CdC12. SO - Teratogenesis Cucinog Mutagen 1983 ;3(1):89-100 91 (BACK80) UI -82153691 AU - Fant ME ; Harbison RD TI - Syncytiotrophoblast membrane vesicles: a model for examining the human placental cholinergic system. SO - Teratology 1981 Oct;24(2):187-99 92 (BACK66) UI - 74176005 AU - Stevens MW ; Harbison RD TI - Placental transfer of diphenylhydantoin : effects of species, gestational age, and route of administration . SO - Teratology 1974 Jun;9(3):317-26 93 (BACK66) UI - 75141260 AU - Harbison RD ; Becker BA T'I - Comparative embryotoxicity of diphenyldantoin and some of its metabolites in mice . SO - Teratology 1974 Dec;10(3):237-41 94 (BACK66) UI -70075844 AU - Harbison RD ; Becker BA TI - Relation of dosage and time of administration of diphenylhydantoin to its teratogenic effect in mice . SO - Teratology 1969 Nov;2(4):305-11 95 (MEDLINE) UI - 93181887 AU - James RC ; Harbison RD ; Roberts SM TI - Phenylpropanolamine potentiation of acetaminophen-induced hepatotoxicity : evidence for a glutathione-dependent mechanism. SO - Toxicol Appl Pharmacol 1993 Feb; 118(2) :159-68 96 (MEDLINE) LTI - 92067122 AU - Roberts SM ; Harbison RD ; Seng JE ; James RC TI - Potentiation of carbon tetrachloride hepatotoxicity by phenylpropanolauune. SO - Toxicol Appl Pharmacol 1991 Nov; 111(2):175-88 97 (BACK89) UI -89388801 AU - Clevenger MA ; Roberts SM ; Lattin DL ; Harbison RD ; James RC TI - The pharmacokinetics of 2,2',5,5'-tetrachlorobiphenyl and 3,3',4,4'-tetrachlorobiphenyl and its relationship to toxicity. SO -Toxicol Appl Pharmacol 1989 Sep 1 ;100(2):315-27 98 (BACK89) iJI -89267668 AU - Skoulis NP ; James RC ; Harbison RD ; Roberts SM TI - Depression of hepatic glutathione by opioid analgesic drugs in mice . SO - Toxicol Appl Pharmacol 1989 Jun 1 ;99(1) :139-47 99 (BACK89) UI -89162498 AU - Kerger BD ; Roberts SM ; Harbison RD ; James RC TI - Antagonism of bromobenzene-induced hepatotoxicity by the alpha-adrenoreceptor blocking agents phentolamine and idazoxan : role of hypothermia. SO - Toxicol Appl Pharmacol 1989 Feb;97(2)360-9 100 (BACK85) LTI -88322340 AU - Kerger BD ; Gandy J ; Bucci TJ ; Roberts SM ; Harbison RD ; James RC TI - Antagonism of bromobenzene-induced hepatotoxicity by the alpha-adrenergic blocking agents, phentolamine and idazoxan. SO -Toxicol Appl Pharmacol 1988 Aug;95(1) :12-23 101 (BACK85) UI -88322346 AU - Kerger BD ; Roberts SM ; Hinson JA ; Gandy J ; Harbison RD ; James RC TI - Antagonism of bromobenzene-induced hepatotoxicity by phentolamine: evidence for a metabolism-independent intervention . SO - Toxicol Appl Pharmacol 1988 Aug;95(1) :24-31 102 (BACK80) UI -84173120 AU - Koshakji RP ; Harbison RD ; Bush MT TI - Studies on the metabolic fate of [14C]2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) in the mouse. SO - Toxicol Appl Pharmacol 1984 Mar 30;73(1) :69-77 103 (BACK80) UI -81034285 AU - Wells PG ; Bcerth RC ; Oates JA ; Harbison RD TI - Toxicologic enhancement by a combination of drugs which deplete hepatic glutathione: acetaminophen and doxorubicin (adriamycin) . SO - Toxicol Appl Pharmacol 1980 Jun 30;54(2) :197-209 104 (BACK80) UI - 80236844 AU - Freeman RW ; MacDonald JS ; Olson RD ; Bcerth RC ; Oates JA ; Harbison RD 'ft - Effect of sulthydryl-containing compounds on the antitumor effects of adriamycin . SO -Toacicol Appl Pharmacol 1980 Jun 15;54(1) :168-75 105 (BACK75) UI -80037154 AU - Freeman RW ; Woosley RL ; Oates JA ; Harbison RD 1'I - Evidence for the biotransformation of procainamide to a reactive metabolite . SO - Toxicol Appl Pharmacol 1979 Aug;50(1) :9-16 106 (BACK75) UI -79077733 AU - Evans MA ; Harbison RD TI - Cocaine-induced hepatotoxiciry in mice . SO - Toxicol Appl Pharmacol 1978 Sep;45(3) :739-54 107 (BACK75) UI -77128589 AU - Evans NIA ; Harbison RD TI - Prenatal toxicity of mbratoxin B and its hydrogenated analog. SO -Toxicol Appl Pharmacol 1977 Jan;39(1) :13-22 108 (BACK75) tTI - 77151749 AU - MacDonald JS ; Harbison RD TI - Methyl mercury-induced encephalopathy in mice. SO - Toxicol Appl Pharmacol 1977 Feb;39(2) :195-205 109 (BACK75) UI -78097387 AU - Harbison RD ; Jones MM ; MacDonald JS ; Pratt TH ; Coates RL TI - Synthesis and pharmacological study of a polymer which selectively binds mercury . SO - Toxicol Appl Pharmacol 1977 Dec;42(3):445-54 110 (BACK75) UI - 76178769 AU - Harbison RD ; Dwivedi C ; Evans MA TI - A proposed mechanism for trimethylphosphate-induced sterility . SO - Toxicol Appl Pharmacol 1976 Mu;35(3):481-90 111 (BACK75) LJI -76105340 AU - Mantilla-Plats B ; Harbison RD TI - Distribution studies of (14C)delta-9-tetrahydrocannabinol in mice : effect of vehicle, route of administration, and duration of treatment. SO - Toxicol Appl Pharmacol 1975 Nov34(2):292-300 112 (BACK75) UI -75219857 AU - Harbison RD 1'I - Comparative toxicity of some selected pesticides in neonatal and adult rats . SO - Toxicol Appl Pharmacol 1975 May;32(2) :443-6 113 (BACK75) UI -75199349 AU - Dwivedi C ; Harbison RD TI - Anticonwlsant activities of delta-8 and delta-9 tetrahydrocannabinol and uridine . SO - Toxicol Appl Pharmacol 1975 Mar;31(3):452-8 114 (BACK75) UI -75219862 AU - Harbison RD 1T - Parathion-induced toxicity and phenobarbital-induced protection against parathion during prenatal development. SO - Toxicol Appl Pharmacol 1975 Jun;32(3) :482-93 115 (BACK75) UI -76034372 AU - Mantilla-Plats B ; Clewe GL ; Harbison RD TI - Delta9-Tetrahydrocannabinol-induced changes in prenatal growth and development of mice. SO - Toxicol Appl Pharmacol 1975 Aug;33(2)333-40 116 (BACK66) Ul -74301093 AU - Mantilla-Plats B ; Harbison RD TI - Effects of phenobarbital and SKF 525A pretreatment, sex, liver injury, and vehicle on delta9-tetrahydrocannabinol toxicity . SO - Toxicol Appl Pharmacol 1974 Jan;27(1) :123-30 117 (BACK66) Ul -72243732 AU - Harbison RD ; Becker BA TI - Diphenylhydantoin teratogeniciry in rats. SO - Toxicol Appl Pharmacol 1972 Jun,22(2):193-200 118 (BACK66) UI -72141687 AU - Harbison RD ; Becker BA 71 - Effects of phenobarbitai or SKF SZSA pretreatment on diphenylhydantoin disposition in pregnant mice. SO - Toxicol Appl Pharmacol 1971 Dec;20(4) :573-81 119 (1vIEDLINE) Ul -91205453 AU - Simmons HF ; James RC ; Harbison RD ; Patel DG ; Roberts SM TI - Examination of the role of catecholamines in hepatic glutathione suppression by cold-restraint in mice. SO -Toxicology 1991 Mar 25;67(l):29-40 120 (MEDLINE) UI -92055760 AU - Harbison RD ; James RC ; Roberts SM TI - Hepatic glutathione suppression by the alpha-adrenoreceptor stimulating agents phenylephrine and clonidine. SO -Toxicology 1991 ;69(3) :279-90 121 (BACK89) UI -90194189 AU - Simmons HF ;James RC ; Harbison RD ; Roberts 3M TI - Depression of glutathione by cold-restraint in mice . SO - Toxicology 1990 Mar 30;61(1):59-71 122 (BACK89) Ul -89332717 AU - Skoulis NP ; James RC, Harbison RD ; Roberts SM TI - Perturbation of glutathione by a central action of morphine. SO - Toxicology 1989 Aug;57(3) :287-302 123 (BACK85) UI -88265123 AU - Smith AC ; Roberts SM ; Berman LM ; Harbison RD ; James RC 1T - Effects of piperonyl butoxide on halothane hepatotoxiciry and metabolism in the hyperthyroid rat. SO - Toxicology 1988 Jun;50(1) :95-105 124 (BACK80) UI -84148705 AU - Liston TE ; biso R TI - Sulfsoxazole ch oprophylaxis and recurrent otitis media. SO - West J Med 198 ;140(1):47-9 125 (BACK85) UI -89045913 AU - Smith AC ; Roberts SM ; James RC ; Berman LM ; Harbison RD 11 - Comparison of covalent binding from halothane metabolism in hepatic microsomes from phenobarbital-induced and hyperthyroid rats . SO -Xenobiodca 1988 Aug;18(8) :991-1001 Not by hubison, but I thought you might be interested - if he really did the autopsy, he should be mentioned in the article. 1 UI -83087695 AU - Wecht CH TI - Postmortem on Elvis Presley won't die. SO - Leg Aspects Med Pract 1979 Dec ;7(12):13-5 t~S C-1~~~ Ji -. b /V ~ ~-~^'1SZ~ ~: C~' 39 -- ~`,~ ~~ S~vo~s S=LI=~l~1- G~ -~S8 C-S'7Z?S T -T 3 -74, ao A02- Tal~-r_s nlp cf+AP-17FRP-~' X107` Z:P*?Z7- =,v ll&v6- lv4o G -:z2vD, 1#6 G~vR~~ ~IU dvD . qty 6 _~a~,~' l~us-f JC OL N ~ IL'-7 /L1e,~-t ~oe~ +C 6--z--7H - Pe P40 (Y7 --1 9 (MV,5) 7D~S7~~} n f Ono 11010 -?40-1-77..3W7 Q w-aV" n n'?'l.~~?/Q hl -~ . `~-crn-~-~S -a- wwv - S~-J- 7 ~! -4z off/ -- i (moo-(-,Qv j , ~rL 3a a - 3a 7 Table 2. Asbestos Disease in Insulation Workers and Other Asbestos Product Uws Medical Literature : Cases of Disease Reported Bafore 1964 EYNNeOaMrMM Autwe 1932 Russell ,.., 1 011933 ENmM 194 Union 1914 Wood a All GbyM 1935 1 .1scobson .. 1938 Oman ion AtnoJd, 111110111111 and CoOkson 1940 WOW 191Q Kuhn Reference occupations Diseases Proceedings of Contwmnce Concerning Effects of Dusts Upon the Ruplntoiy System Maid by the Industrial Commission of Wisconsin; P.180) . Dornocrot Press insulator , asbestosis J. Indust. Hyp IS: 165-183 ~rlt J. R&d/o1. 7:281-295 Insulator insulator fabostools esboatosis Lancer 2 1383- 1384 boils rivetsr ~:Wftosit Aeto Allied, Seared. M 482.4 welder Seventh Mtamatknd Congrosa of OCCuputlonal AccNrnta and Jlllnossss, Jun Vron0r. Brussels, op. 406423 insulator It~r. J. Ribere. 33: asbestos handler 44 40 is a chemical pant mostly acute aobestosia' ssbostwis asbestosis MaM. me0.'s: 535- 3 asbestos 641 hsndlsn in s chemical plant asbastosis Airh. G1wpblpatA. shipyard insulator ssbostosis f3twKbthyp. 10. 133-150 C L Z7' Pi k1 DATE- . fxNiDIs ~.. C. A09FAi5 '+ 1941 Sehnumpf Nord. Mod. 9: 700- asbestos handy asbestosis 708 in s chemical plant v 1942 Holwb & AnQriat Arty J. Path. f8: 2 insulators 123 .131 aabascosis & lung cancer in both 1942 Williams Mod. BW. Vit. aluminum plant asbsstosia sv AdnNn., Vol. 18, worksr wearing pp. 150.253 asbestos won and gloves_ 47 Kennsway KMnawsy Qrlt J. Cancer t: 2297 Insulator "bestosis & lung cancer -147 Mallory, Now ft. J. Mad insulator Csstbmsn, ?3~~407-412 end Pauris ~a .. 1849 FrsnchiM ~ Mod, Lvvoro 40., Insulator CiMpa idt-172 sibostosis & muothNioma asbsstosis 1960 Frost a> iJprskv. C&OyN J iZ: 1284.1289 shipyard insulator asbestosis ..1861 1953 8toN. Bass i iu sc vin luyt .4irh. Antanal Mid. #A& $31-934 Mt7. Cant. of Experft on AOSranoCOnbsIs. Sydney, Esb."Mar . 1860. Record of lt0~l~d~f. PP. 10~17t plumbK/insuivtor 'some' insulators abqtods & lung car4w asbestosis .t963 W~a Awdt 3: 93- ahtpyaM lruulata abestosia~ 94 Pleural myothelioma 185a 8erldet Aldi. Iadusb. NOWO 12, 200-211 plumber's helper sewing pipecOVKi "bestovis 1958 He"" Mod. 7MdtcM. Golowesk. 100: 1 2965-2966 insulator asbemsis J4c ,~ . .=. . 1958 1957 888 1958 1858 Molfino & Zanninl Marls, at al. Pender9raa s Pendsrpru a Van Eer School folly Mb. 39: 528539 Am. J. Mod., Vol. 22:51 .73 Ann. J. Roent. 80: 1- " t The Pnoumoconlosb ProbNrn Cherlss C. Thomp. Springfield, pp. 97-100 NM. Tl/dsch. G1s1+2r5N-1S1k.2610?: 8 shipyard insulators pipititter insulator, insulator 3 insulstors asbestosis asbestosis asbestosis asbestosis asbestosis & rrwwth"Iloma TABLE S Publicatbns on NtsaatMliomm end Asbosiosb 1933-1960 ,y + Fr m ~m naato.cs). Vow Gloyns, S.R. 119331 r Cow Ibe~ list. ft . tt oad. W.B., end v 6byne, S .R. (1934) Wadter, H.W. (1943) 1 2 2 31 ' Ilforence 'The Morbid Anatomy and FI'Istolopy of Asbettosis,' Tubercle l<: 550-558. 'Pulrnonsry Asbestosis : A Review of Ore Hundred Cases.' lancet 2: 1383-1385 . "loop Cancer in Asbestosis Patients,' Orut. .AicA. KAir+ . l4ttd. 191: 189-209. +comanm On* evidence at the moment' that pleural cancer was related to nbeslosia same as shove asbestos considered to cause of pleural mesottteliontH ~os'a I C) 2 C1 Wedlu, H.W. (1943) Wsdlsr. H.W.' 1194) Weiz, A. and WedIK, H,W, (1944) Mallory, T.B., rifleman, B.. V I and Parris, E .E. 419471 (194) 7 2 ,. f t "Is, N. fg~9~ 1 31 'Lung Cancer in same as above; Asbestosis P.ate"nts Deur. Arch. M. aabnsdtrUacSted in U.K. 190 : 185-209. 34 'Asbestose w+d tup"nbs.' Btu M'p. 19. 362 36 Absusets from AN. Hyg. reprinted in Absrrexts of the Literafwe of Indusrriv Irwiene, supplement to J. kklust. Nrg. Tox. 26.-8, 183. 74 'Case Records of the pleural mewthenoma Massachusetts General not attdbuted to the Hospital,' Mew Enyl. J. man's ssbestat AW. 236: 407-412. exposure 84 Annual Reqport of Me cancers of the lung lwel Mspector of end playa counted Fatlodes Av Me Year together in 1947 London: H.M. Stationery ors.. vv. 7s- ddaar~oornessuatinp excess WkWic. ~w~e 8.1 . 1 esbestotics 90 -Asbestosis .- Postgiad 'e++dOthelion+a of the Mlsd. J. 23." 631-638. pleura' counted among pulmonary tumors in asbestos workers Doig. E.7. (1949) Cartiu. P. " 955y -,2 ih 41952) ., Weiss, A. (1953) Kcaussier. J. and say". R. 1954) Z 1 -- 100 'Other Lung Diseases review article ova to Dust.' PbsWad. mentions cancers at A~fsd. J. 25: 63J-649. lung and pbure in asbestos workers 123 'Sara Clinical degree of ssbsstosls observations of in mires dying with Asbesmsis in Nna and Pbural mesothellome IM Workers,' Axe assessed as t Hxafth It : 204- OfI11flk11Dr and O1Wf19 207. 120 'Abstract of D.iscus'sion pathological material Arch. k+dvst. Nag. from asbestosis Orc&V. Wed. 3: 262- victims in England 263. 130 'Cancer of the Pleura s&bsstoa considered with Lung Asbestosis in the cause of pleural VAlscveortMaoiqntewdl,o0p. icslly tumor in insuts;ion worker AAsdche 3: 93-4t . 131 'Zur Fcuhdiagwso mitten cited Weiss' case Yeryrosseruipssufoah- . non.' L Urrflaftnad. BerutsbwArA. 47: 59-64. LaicMr . F. 118541 t Leidw. F. {1855) uicMr, F. 118591 9onsef, G.M., Fsulds. J .S.. and StwwR. WI.J. (1955) R. 11855) 8. Z 139 'PiimsrY EpithsKsl Tuimr asbestos considered of 1!w Peritoneum in tlr cause of llsbestods.' Arch. PKhonsal tumor M d,~wis,rO~aafA. asbestos factory B~rwvDeA,yV. 13: 352391 . worker : sport abstracted in BrAgeth of Hyplei+a 140 Abstract of DAY w.ilds fiat flyg. W- 324. 141 Pncedling abstract reprinted in A Abstracts Vo. 3 Pitman Medical Pub1. Co. London, 119. 142 *Occupational Cancer of 2 pleural and 4 the tkkaky Bladder id Peritoneal ctncers Dyestuffs Operatives and among 72 asbestosis of tM Lung in 11sbestes victims teen at Tixtib Wodcers and horn autopsy We Miners: M.w J. Can. Push. 25: 126.13<. - - 125 '1,AoKaYty born Lung 'endotheliorns of the Cancer in Asbestos pleura" counted Workws .0 aril. J. Indust among DulinonsrY Atsd. 12: 81-88. center cases SENT BY IS & THUS1.aS ~ 6-17-94 17 :35 : LOS ANGELES . CALIF .- 41 1' 3 put It 01 ation ieas iean OOlA !INC. ike(, the "dot Zinc rant ins rFis with NAI . n in 9111Sued ." sued .00 : Iital roes. an*. New xla am row i1t1s sea neon 'dal not. i~. as we, +Ns)u: +~a oft s- ie As M, As Irdives of lidustdal Ryliame sad locepaUsial Mediums caj_4~L'%. 5 MARCH 1962 '%,MONT IOU. IT Me AMMI"W MWICAL AUOOA~ Nuatasso 3 Pnocamoesidi or Tus cAmom Pwavamem comairrma HIS -committee is devoted to the study of environmental factors in cancer. TThe proceedinis published herewith are records or abstracts of lectures and discussions burin` on this subject . The views expressed an throe of the individual authors and do roc nemariiy represent the views of the covamittee u a whole, The membership is composed of individuals tram universities, industries, insurance companies, and public health services interested in environmental, particularly occupational, tumor problems . The commuter is incorporated as a nonprofit organization in the State o! New York. Meetings are held at the Department of Industrial Medicines New York University Post"Gndusts Medical School . Communications should be addressed to the Seer", William E. Smith, M.D., 477 First Are ., New York 16. tOARD O! DIIILClpl{ i i )olau Hopkinr University President, American Industrial Hygiene Association Metropolitan Life Imuraaee Cumpny Norton Melons. PA .D . New York University E. V. Cavalry . Pw.D. Washington University Past-President . American Association (or Cancer Rometh S. Csyln Hewo+tat1, St.D ., Clwinwqm Statistical Rewreh Serum American Cancer Society William 8. Smith. M.D., Secretary New York University vow,rr .r. s.ma.kar. M.D. 1Lemortal Haoiql, Now York Melvn Wsr/y, M.D. Em Standard 00 Company 1. turf! Hoyrf. Trtuwrn 1Ra ~ , A . J. Lraa~ X.D . New York University couanro3roina raxnas R. A. l1. cam, X.R ., P.&0 G. W. H. StAqert. M.D. Qonnr Batty Raprch 1mNtate Slikaii Lethal Huroo 1.andws. Eaihad )dwnnbwb Unions of SaRh Afrks PreJ. Dr. H. DweMy CMwrg4eM VssivemeauWinik F, Germany r. x. rar"r, M.D. Pro/. Real r"&dW# Uni"rom de Paris Paris, Frame RWIW Citicorp Hospital Gla"Mov. Scow . 195 yD fo i SENT BY-DAVIS & THOMAS . . . 6-17-94 : 17 :35 . LOS A.NGELES --Ca-L-IF-. - -4-10538-8407r :g 2/ -3-r i i j II '". t' t n- 1 '. .. 262 INDUSTRIAL Hi~G1E .vF. .1sq OCCUPAVONAL MEDICINE July, 1950, a conference was held at Oxford dealing with cancer in relation to sociological end environmental (actors ocher than occupation, Proceedings of this amrere++ce ha ve been pufalklied .11 ABSTRACT OF DISCUSSION 4R PAUL Cean91t, L'Aaroneiation, Que., Canada : I line been asked to describe out aperirnet at the TMttad Industrial Clink in Quebec . where we ice men engaged in the asbestos mining industry in GMda . Table 3 presents data an diM cases of Primary cancer of the lung which we haw detected smote 1,000 asbestos workers between 1910 and 1950. In ad4ltian to those listed In tie table . there was a ax in which then was quite a definite clinical and radiological history et cancer of the lung but for which, unfortunately, no autopsy was performed. Abo than were three other cases with a strong suspicion in favor of it cancer a( the lung but for which no wlRcian data are available . on analyzing then data it active obvious that mangy poieu nook! need discussion before anyone will 6e able to establish a nusel rdmionship bwtwm than pathological findings and the asbestos factor. Is it not more logical to this that the same awat tutor wilt ,produce the gains type of lumw, and, therefore, why do we observe such a variety of nualignsfit tumors? Tins &-Caret of Cereinemd o) she Lwrpt DaeeHef Awelty 4,A70 Ajbesta Workers 1940412V Must J. A. A. A. A. k L" O. L. L. X. O. 0.10, 1Y. C. n 6~pawin b Y a 11 1f 1 you 7N" Team to k 4 a 17 ~I 11 IT U Age at 4 I7 u k ~Y N 0 Y wp.~6,N~tWe 7141w0 711sIW Atnew1 INN YiEbeRt 110w .... New Type otWater 1rp1MNak qrWMs iMosonUr 9uelewne IMaurrN! hwgbmrtemg with WMWM "families kpM/onl " ?YunIwwNh~oni " lteeAMNlf urtiwsB trumbomb someone Patent mwsuelbsr" " '~tW~N NOW Tom, IWIwWNw~WqOnOOoWf SqM. 7luw~) wk~ifdpNOh~eWntI"eYM^ ~e~WetW~ll~ IN .lserln" rneqo ^ INOke) A4NNtke If for ~ a~oroan w may assume " the asbestos fibers miqn produce a bra~clasanic car. claws to s~bs~stk'anobyec~ with apdfirmt espewn, they only two cues d The series world fe/fs u Oridplcs because the cases o1 RIWIMIIOma or lymphourcoms kind cows without exposure Of wi11101k sabo1t0lif d0 Aot hits the conditions itilluk~. hurt that sualsda ~a1iw! cancer of the IunFb mK~lr~iw. Should 'n~d te eM"precise et hmf ~~ar ML toevmar A. Law, Now York : '1'hir difference in the IrNwxi e! Iwas anew in perwiu wish aaboalode Jump u eaapend with the large grow W ulkodes provided by the Pnwmooonledi Board wwu uevrissaliw. Mar.ver. am myth woader a"eber this tore drops lad bass camine4 for wssr with equal nn. 1 so imortrud by the feet that who dUF~ group d heads; wen rWddiN b! 1M wax observer, Pr. Glum the dlRardap is frequency of litho; am" wait much l.ess I( we wuiet ow situation safely to Dr. GbYMBs prier, 1 = sot met that the differences Are statistically sigailictuat Do. A. J. LAwsn, New Perk : 1 think :: u impwnnt b dbdeidooifb Mtwwn OWS ad clinically reeognin6k and hull hang cancer, on one hand, and w$ in which tin diagnosis of hm cancer has basis made as oars x less of an incidental Mdinof at iidopitY, as On other. The 9noph claim (or to association between lung career and abesmth has low WfeO. h aw+ni w nor an data aMaineA tram luau that a pathologist his sneeMd with a microscope, I ~rofda fiw may Sf . Conference en Geographical Pathology ud Doemagea0lyr o1 Gncet, l. N&4 Came Ida, 11 :62744 1950. IF . - SdlJ77l-QRfTfSH AND P.2'kOPF.A .V T'UA70R PROULbAlS 263 IV roses of long cancer would be Iwnd if land front my sort of population wen subivcpd to the tame minute fceittiny? his . Swan : In regard to Dr . (affitf't query if f4 the fl/ni/1CVRC 0f different types of lung country, it mar 6t potinrnt b non that a diversity or wnwn wt loin in the lams of chromate woken reviewed by Dr. Arm Sutler, Experimentally, the polyrytlk Aydreearbom, evoke a great varMs of tumor types. if arbaWa is Carcinogenic. I would not expect to I" it product eri- only one type of Nmor . I any iMasrtad in your observation e( twro cam of ylamsl mewtha .of- liana This is a rather nw tumor. In examining pathological material root of from England by mg Dr . Hinwn, we found among six ca ncerous asbestolic lungs two preventing alveolar can car. cieaeu . These tumor ate ofkn diagnosed as "pleural nrewtheliana" ( should very much like site to exchange Aiclittt with you. My lit nMy to Mr . Law and Dr. Latin. it was my umforAtanding that the English cam of KK silitwis end their cases et arbplwb were handled in the am geteral fashion through the Pneurnoconlittle Board and that the land cancer nN found in dlkelier could therefore arse W ore ; s reasonably satisfactory control for the lung cancer rate in cams a( u6aWif. In Dr. GtoyaeS and aria of il cams 91 lung cancer in the astral pneunwKni~u~fi group end in the control group, the turner was evident in the irises in all except 6. Some d hit material wad destroyed during of ~ the bombing of lAn*^ but big recollection was that ill of the cancers in asbastotics were ' recognizable i!1 the j/0/7. j OR . lollx {. . p00t, Now York : Raw experimental slue thrown any light m1 the question of lung cancer in relation to asbestosis? Do . SwtTN : In 1941, Nordmnu+ and Surge in (;qrmany claimed to . have produced cancer in the lays of mite by tapainlf them repeatedly w sebexdn dip. Their statement chat anew had resulted in 1091 o! their expowd animals is asvvallr quoted . Actually, their "20%" figure nGmd only to two mica. one of which hid a type rd tumor that sewn commonly as a spon" sesame growth in mive. The other they considered to be a sqranr+us cell qreinana. but their photograph doer net impress me u that of epidarnroid carcinoma . It seems other W show merely " area of aquwnrouf tell one"Plasia . elo~ artuld lout the sons mo- sd ART the :guy necr flish :, aft troy Inst . DAVIS A imrus ATTORNEYS AT LAW 1409 Ilvww of the Starc Suite 2310 Loz ArqCtc$, CA 90067 tai : 310/552-2121 FAx: 310/2e2.0473 ENCLOSED ARE FIRM : CITY : SENT TO TAX NO : FACSIMILE COVER PAGE DATE : urir ro: Los Angeles PAGES, INCLUDING THIS COVER PAGE . DAVIS i THOMAS FAX no : (310) 282-073 RE : DESCRIPTION : FROM : SENT : A.M. P .M . IF YOU DO NOT RECEIVE ALL THE PAGES, OR IF THERE ARZ ANY TRANSMISSION PROBLEMS , PLEASE CALL THE ABOVE 71i ( 310 ) 552-2121 . 'P9IS UssIfi6 IE IN!=1DYD OIILY FOR !KK DON Of T86 INDIVIDUAL OR L7TIlY TO R8YC8 NTIBIKI1YOHTiX1TEtYTIWIEMS0T0TLE9"0AESE,DPSFHHDARAIDOGIRNOVNSETME=ETES,ATRNDSIO=DIWSISCETVNCDiiAHmLI'NEOR.VIRSDEiW1QICDIrWINIrtTt?vPOiEsHIRNxIDCEDSrOCENTDNDHOTCSTEM0RAR1OIIEO0fNACNR1tPIG0-IP"PTIGHIL"IIOEEIiNGFNCA0SZTALH'MI,BPPOTLX9LYYIEaIO5O!sW1!UsI.Cf1La1O176cIR1TEDs.8OR[6ER0RTSF"OOIAERI!6Ri,Ga6st1s7!61'BB?TA!I2LR.T0REIWfkEaV'TiSSYrIUiIPLISDOiFDNNGaIS!OiSe=TTDIaDRIO,BvIFFTLsCYHCETTOAaLDfRFcTYI:IOuIOARaDPINsiPMDltYsO1EiOsITWDSmlIIISSVJIV9LAI1SZS'GAL2RDcETA(IisiIwNLaDI-GYaSD. D_5 . POSTAL SERVICE. TOM Y09. wwtio.t.~, r... Cbyne, S.R. (19331 owl, W.B., and GbYne. S.R. 119341 Wedier. H.W. 119431 ,~/71 Io Z TABLE 5 Pubficac9ons on iY1ewdw1bm and Asbasiosis 1933-1960 c.~. a~aor~ Ref. No. 11 12 2 31 aw..~. co~.nt 'The Morbid Anatomy and !#talopy of Asbesuuisis,' Tubercle 14: 5'S0~558. -- 'PWrnorary Asbsstosis: A Arvisw of One Hundred Cases.' Lancet 2: 1383-1385 . 'no evidence at tAe moment' that pleural cancer was related to asbestosis same as above "tarp Cancer in Asbestosis Patients," Qeut. . Arch. ICAin. Mid. 191: 189-209. asbestos considered to cause of pleural rnaEOthslioms m xa 1, [ y)W ~y ~Y T D~~FK 0Y 2 CI War, H.W. (19433 VYedisr. N .W.t19.4) Wslz. A . and Wedter, H.W. (1944) Malbry, T.B., tleman, 8., and Paris, E.E. (19471 (194) 7 2 ,. 1 T YVyers. H. 1949) .- 1 31 'Lure Cancer in same as above: Asbestosis Patients,' abstracted in U.K . Dour. Arch. IOW. and US 191: t.ag-Z09 34 'Asbestos* and luph*rebs.' B~nlt hVp. 19: 362 38 Abstracts from Bu(l. Hyg. reprinted in AOsrrexts of the Lkerslure of Industrial Hygiene, supplement to J. Indust. Hyg. Tox. 26.-8, 183. 74 'Case Records of the pkunl mewthelioma Massachusetts Genets! not attributed to the Hospital,' Mew EnqJ. J. min's asbestos ~. 236: 407-412. exposws 84 Annual Report of Jlrs cancers of the lung Chief Msrxctor of and pleura counted Factories for the Year together in 1947 London: H.M. demonstrating excess Stationary Ofc.. P9. 79- inrids Ce among 8-1 . esbestotics 90 'Asbestosis.' Pbstgrsd. 'endothsof the MIM J 25.' B31-638 . pleura' counted among pulmonary tumors in asbestos workers Ooig. E-Y" {1949) Caniaf, P. 19551 -~Z M 192) _ Weiss, A. 119531 Kiaussier. J . and Soyss. A. (195s) T 1 -- 100 'Other Lump Diseases review article Due to Dust.' Pbslgrad. mentions cancers of Med. J. 25: 639-649 . lung and pbiKa in asbestos vmxkws 123 'Soma Clinical Obsorvstions of degree of asbestosis in mines dying with Asbestosis in Mine &W pleural mesothefiame LAia wake*s." a.+cn assesses as Ambst. Haft 11 ., 204- 'minimal' and 'none' 207. 110 'Abstract of Discussion.' pathological material Arch. A?dust. Hyg from asbestosis Qcc+vp. Med. 3: 262- victims in England 263. 130 'Canto of the Pleura asbestos considered with Lung Asbestosis M the cause of pburat Ylvo MotpfwbqicsMy sumor In insulation As~d ,' worker IrrAedblnische 3: 93-91. 131 Zur Fa"iapnose millets cited Wsiss' case Yary(ossefunpseutnahtown." Z. tlhldwrnsd. BlarutsbanArA . 47: 59-64. lsichwr, F. 1195 .1 Laiehw, F. Maser Loictw . F. 11959) 1 ,- 9onser, G.M., Fsulds. J .S., aid Stwvsrt, M.J. (1955) 6 R. tsis) 1 139 'Primary EpithsWl Tumor asbestos considered oAUffst&d-onoPeQri%to'0n0kenu: m in Ow cause of peritonea) tumor in Q asbestos factory 6~rw~0e~yp. 13: 382- worker report 381 . abstracted in filuilleth of Nyiplene 110 Abstract of preceding article. sw. rr,V. ao.- 324. 141 Preceding abstract rprtnUd in Amix.vocanks& Abstracts Vo. 3 Amen Medical Publ. Co. London, 179. 142 'Oc+cupatiavel Cancer of 2 pleural and 4 tht Urinary am~ in peritoneal cancers Oyestutts Operatives and amwV 72 asbestosis of the Lung in Asbestos victims awn at Textile Workers and Iron. autopsy Ors Miners." .b+ . J. CAN. Poth. 25. 126-134 . 125 OMonality from Lung Oendothetiorns of the Cancer in Asbestos pfoura" counted Workers .' Brit. J. kWust. among pulmonary Afed. l2. 81-86. cancer cases SENT BY D.aV1 S & THOMAS : 6-17-94 ~ 17 :29 LJS ANGELES, CALIF.- 31053984074 2! 8 Table 2 . Asbestos Disease in Insulation Workers and Other Asbestos Product Users Medical Literature : Cases of Disease Reported 8ofon 1964 Year Audwe Reference Occupations Diseases 1932 Russell - do 11.1.? ENmM Proceedings of Conlarenca Concerning Ethcrs 01 Ousts Upon the Mapintory System (held by the Industrial Commission Of Wisconsin ; A.1801, O60noctat ftv~" J~.e~l-ny*lesat. Flyp 15: insulator , insulator stbostoeis sabostosis .100 7834 IN~ b.7 :*xe1J-. zRa*sdVW. insulator asbostosis 1934 Wood d~ Lancet T: 1383- boiler rivetu a:Witosis T Gbyno 1386 1935 Jacobson Acts Aid. Surd. welder 78. 4S2.4a0 .: 1 934 EIUnar+ Seventh International insulator Conwnti o/ lkcu06tloaaJ Acdlaents end Mhossas, Joan Vrernom. Brussels, .400-423 "poly acute abptosia" ashostosis t "38 An+oW. ftd ow Cookson Aft J. 7L*ac. 33: 4i41111 asbestos hondlK in a ci'wFniGl plant asbestosis 1940 Woiff Nbvd. nod. 3: X35. 541 3 asbestos handlers in a chemical plant asbostosis 1910 Kuhn AGr.c/t.YG"Vwab.sptao.t- A. 1 133- 150 shipyard insulator s0bostosis f~~ ExNie~f .~. . SENT BY :DAVIS & THOMAS ~ b-17-94 ~ 17 :29 : l05 ANGELES, CALIF .- 4105398407 : 3/ 8 1941 Schrumpf Nad. Mid. .9; 704- asbestos handler Ubastosis 708 in a chemical plant b 1942 Holfob & Anprfst Amer. J. Path. 18: 123-131 2 insulators asbestosis & lung cancer in boon 1942 Williams Mod. Out Vat. aluminum plant asbt:to:ia s+v Admin., Vol. 10, pp. 230~2s9 worker wearing asbestos apron and gloves 4 947 ICe11MW"Y & KennawsY Mgt J. CMCK t: 260-297 Insulator asbestosis & lung cancer o 1947 Niallory . New Enp. J. Mod insulator Cattlemen. 236:407-412 and ParMt ~a . . ;,+r 1849 FranchiM & Mod. Cevoro 40-a Insulator Canopa 161-172 asbestosis & masoMsliomi asbostosis 's'f 1960 Frost llpl3kr. C"Qa. shipyard inwulator e:bestosit IM 12114-1289 ..1951 $toN. Bass MCh. brtanal Add. plumbn/lowlatoir stbMtosis i i A gist X1 .874 1 cancer 1653 van Luyc - Mt7. Coal, of Exprrti on PewnoCOnlolls. sYaMY. Feb."Msf. 1500. BACOM of fammmIOnL pp1W171 'some' insulator eeMrtosis _1953 Wei" AftdIls ~ 9394 shipYard insulator asbastosiS & pleural rMSOthelioma 1855 Solder use HOW Aide. Mduth. Hisalth 1~: 206-21 1 rwar. M.oon a.ff.s*. goo: 1 2965-2960 plumber's WON sawing A;Pk insulator WROWSis asbastosis SENT BY :DAVIS & THOMAS ; 6-17-94 : 17 :30 : LOS ANGELES . CALIF.- 4105398407 :x 4! 8 1958 Molfino & fake Mod, 39: 525- 8 shipyard . Zannini 539 insulators 1947 Manta, At al . Am. J. Mod., Vol. 22 :81-73 pipetitcer v 888 Pendsrqas Ann. J. Roent. 80. insulator s 1-41 1958 PMdarpns The~~Pn~oumoconlosls insulator j Problem Charles C. Thonm . Springfield, pp. 87-100 1858 Van dK I NM. Tdsch. , ., - Schoot Genksk. 102: 1126-1126 3 Insulators 1 asbastosi : ssb "=to :is asboatogis asbestomi asbestosis & I mewthalbms TO : FROM : RE : DATE : Shep Hoffman Sheri Ingram (Ness, Motley) Raymond D. Harbieon June 17, 1994 The following is a compilation of deposition summaries, testimony summary and my editorial notes regarding Raymond Harbison . Please give me a call if you have any questions . 1 . Deposition of Raymond Hubison taken 03/10/94 for this Angeletti trial. Page 11 - Has never testified on behalf of Plaintiffs in any asbestos related matter. Has testified on behalf of Owens-Illinois for 3 or 4 years although does not admit to testifying "on behalf of Page 20 - Has never written any chapter for text or any articles about asbestos-related diseases. Has previewed articles dealing with asbestos-related diseases. Has never conducted any laboratory studies dealing with asbestos or asbestos-related diseases. Page 21 - Not an expert in epidemiology, not an expert in mineralogy, not an expert in cardiology, not an expert in pulmonology. Page 22 - Does have some knowledge of cardiology and pulmonology because he uses in the field of toxicology, but he is not an expert. Is an expert in oncology ; teaches oncology and pathology and has for about 10 years. Page 23 - Has expertise in occupational medicine ; has been involved in the managing and development process in the development of programs in this eras for about 20 years. Considers himself an expert in pathology because he teaches it currently at the University of Florida, College of Medicine. His formal training consists of two courses taken at the University of Iowa and he has no post-graduate degrees in pathology. Page 24 - He claims some expertise in industrial hygiene because he uses it in the area of toxicology but he has taken no courses. He uses industrial hygiene in the evaluation of exposure and to assess risk. Industrial hygiene is the science which is used to evaluate risk. He is not an expert in dust measurements . Page 25 - Has conducted a search of the scientific or medical literature on asbestos-related diseases for the past 20 years because it is part of his teaching responsibilities . He teaches the effects of asbestos and it's exposure and has for about 20 years. Page 26 - He claims to have been teaching the hazards of asbestos in the early '70s. He would not cite any specific text that he has used, he simply refers to the scientific literature. When asked what toxicology text he considered to be valuable, he cited Ellen Horn's textbook of toxicology and Goldfrank's textbook of toxicology . Page 30 & 31 - He has published chapters in Dr. Doull's text but he may not agree with all of his opinions. When asked what he did not agree with he said that he was not familiar with Doull's opinions . Page 31 - He has had courses or training regarding asbestos-related diseases from the late '60s up until the present . He cites those courses as continuing education and I guess the training comes from his membership in professional societies and the attendance of some classes. He was not more specific. Page 32 - 1961 was his first experience with animal studies. He would not agree that the protocol of animal inhalation studies was known in 1940. There was some confusion about what Raymond Harbison will testify about in this upcoming matter because the disclosure statement was inaccurate . Page 36 - When I began asking him different state-of-the-art questions regarding his review of the scientific and medical literahue, he was advised by the OI attorneys that he would not be testifying on anything regarding state-of-the-art . His testimony is limited to simply his review of the Saranac Lake documents and his evaluation of that testing procedure. He does not claim expertise in conducting animal studies. He does have knowledge of the history of animal studies, however . Page 37 - He did not conduct any dust inhalation studies while at Drake; he did not conduct any dust inhalation studies white at Iowa; he did not conduct any dust inhalation studies during his doctoral training . He did conduct dust inhalation studies while at Tolane and says that he is presently doing so. Page 37 - """ He has never conducted any dust inhalation studies dealing with asbestos. Page 42 - He will not testify about mesothelioma or anything dealing with the latency periods. Page 43 - Again, he states that he will only testify regarding his review of the Saranac Lake documents . He will not testify about the two plaintiff's specific case at all. Page 44 - He again states that he will only testify about the Saranac Lake documents and his evaluation of that testing . He has only review the Hazard deposition and the exhibits thereto . Page 45 - **' His opinion is that the conclusions provided by the Saranac were consistent with the animal testing data, that at some levels of exposure to the dust there was a finding after some period of time, in that the changes were consistent with asbestosis. Page 47 - When asked what he thought the purpose of the Kaylo study was, he answered that Owens-Illinois had the testing conducted on the Kaylo product because of OI's concerns about silica and whether the exposure to silica would cause silicosis. (He contradicts himself here to a certain extent compared to the direct examination in the West Virginia trial 1993 where he stated that the concerns of OI were regarding tuberculosis . On page 46 of the direct examination 6e says that the purpose of the Kayto study was to determine whether or not there was a hazard that would be associated with the use of this product) Page 48 - In my deposition of him in this matter he said that there was no concern on the part of OI about asbestosis when they asked Saranac to conduct the studies on Kaylo . Page 54 - Does not have an opinion when scientific methodology existed to conduct animal inhalation studies. Saranac had a good reputation for inhalation studies in the '30s and '40s. Page 54 - He does not know if Dr. Gardner was considered an authority on asbestos-related diseases in the '30s and '40s. Page 56 - He agreed that to known the latency period of a disease would influence the testing protocol. He agreed that it would be helpful but that it was no necessary to known whether a disease was progressive or not. Page 58 - He does not know if Gardner or any of the other scientists at Saranac had an understanding of the pathogenesis of asbestosis in the '40s and '50s, Page 59 - He evaluated the dust studies on Kaylo based on scientific knowledge at that time. Page 60 - He will not render an opinion about what was known in the 1940s about levels of exposure to asbestos and what levels would cause asbestosis . He then goes on to state that it is not necessary to known what levels of exposure cause asbestosis. (I think you've got some inconsistency here that you can definitely work with.) Page 61 - "* He evaluated levels of exposure to Kaylo that resulted in changes or effects to lab animals and used the information to evaluate the adequacy of the studies and the amounts it took to produce those specific effects. When asked if there was anything which appeared in the Saranac documents or in the deposition of Mr. Hazard which indicated that there was a safe exposure to Ksylo dual which contained asbestos he stated that the threshold limit valves were the levels that were not associated with adverse effects and those levels were the levels that OI used for protecting individuals exposed to the Kayl9 material . (How does he know that when they only tested 100 million particles per cubic foot of air?) Page 62 - He says that the Kaylo products were safe because they complied with the TLV from 1942-1958 . Page 64 - He is familiar with the Selikoff studies. (Check that because I'm pretty sure that in Charles Patrick's deposition he's never her of Selikoffl . Page 69-76 - Goes through the disclosure statement and I point out certain statements that he does not understand what they mean . Specifically, on Page 75. * " On page 76 & 77 the only two data sets or data evaluation that he has completed is out of number one the levels of exposure of 5 million particles per cubic foot of air and the Suanac testing, which was the 100 million particles. He has not look at what levels would cause various diseases or effects. (Therefore, his only knowledge is derived from those two data sets and he shouldn't be competent to testify regarding anything in between and/or below it.) Page 78 - The 26b statement in this matter said that he would testify about the difference between the significance of toxicology in both the regulatory process and the scientific process. Page 79 - He does not plan to testify about that but on Page SI he does say with regard to regulatory process, there is not a requirement for an animal test to be extrapolatable to humans but that it is assumed that it can be. Also on 81 the disclosure statement also says he will discuss the development of knowledge as to the risk of asbestos-related disorders . Page 82 - He has not been asked to do that . Summary of the testimony of Harbison from Defense witness for Of 03/12/93 West Virginia. Obtained his Ph.D.s in pharmacology and toxicology from the University of Iowa 1969 he is not an M.D. Page 6 - Serves as an advisor to; National Institute of Environmental Health Sciences, he serves on the committee; Science Advisory Hoard of the EPA where he responds to chemical spills and provides technical assistance to those teams; Page 7 - Serves as advisor to 1VIOSH reviewing studies that become the basis for their regulations to monitor or control chemicals in the workplace ; serves as Consultant to the Department of Justice and Dept. of Agriculture; teaches second year med students pathology and teaches toxicology to the Pharmacology program at the University of Florida, College of Medicine . Page 8 - He has done research which has been funded by 11IH for about 25 years, the cause by which chemicals produce adverse effects on living systems. Page 9 - Also to make judgments of how potential adverse effects that chemicals have on humans. He also has a private practice in toxicology. n0mWW=VWaWfl .~ Elvis - He participated in the autopsy of Elvis which is his claim to fame . Page 10 - When he was at Vandebuilt Medical Center he was involved in the autopsy of Elvis in ultimately trying to determine his cause of death which was drug overdose . He seems to be very proud of that fact. Page 12 - Toxicology has only been a recognized science since the early '60s. Page 13 & 14 - He gives a long speech on the explanation of risk assessment but seems to get himself into a little bit of trouble here . Maybe there is something you can use. Basically, he says that there are two things that as a scientist you need to know for risk assessment . Number one you must know what can this chemical do, or the toxicity, in other words what are it's potential harmful effects and number two the exposure . He goes on to explain toxicity by stating that once I know what the toxicity is, I can't change the toxicity . It is what it is . If that chemical causes cancer, then I can't change that . (This statement indicates that some substances are toxic, while some are not. As you will see, his contention is that everything is toxic at a certain level. So I would ask him at this point that if his contention was that everything, including water is toxic at a certain level therefore, you could find toxicity by exposure, then I don't quite understand his statement regarding the two tiered definition of risk assessment.) Page 18 & 19 - They are a long explanation of TLV. He states that TLV is calculated or determined by taking that concentration that does not produce an effect and applying a margin of safety to that concentration to lower it even further. . . . that is a value. ... which we can recommend with confidence to that worker. (So I would ask him that if a manufacturer complied with the 1ZV, then his contention would be that there actions would be prudent and safe. If HArbison states yes to this answer then go to page 90 which is the OI May 25, 1951 report, that the maintenance of the working environment is a condition which conforms to regulations promulgated by local health agencies or which is in accord with accepted standards of good practice should not be considered as s complete protection for a worker from acquiring a disease as s result of his occupation. (Obviously after he goes through the discussion about water and salt and shampoo and asbestos are all alike in that at s certain level they can all be harmful to yon. You could obviously go into the fact that we don't have TLVs for water or shampoo, or the requirement of warning labels.) Page 29 - He was asked about the lack of warnings for all these other products and he stated that if we put warnings on everything it would loss it's effect on the consumer, therefore we only label those materials which have a greater propensity or greater likelihood for producing harm. (So you would agree that asbestos has s greater propensity for producing harm than all of these substances you have told the jury could be toxic. So that is a statement that I would read to him and ask him if he agreed with it, since he made it. Then obviously asbestos containing products are required to have warning labels, are they not. You could go into asking him since when the warnings were required end what governmental body first authorized it. He will tell you that OSHA authorized the warnings but I don't know that he knows the year. Also, you can insert at this point page 16 \~we~.~ of Charles Patrick's deposition which was taken March 29, 1994 for Kanau County, West Virginia wherein he squirmed around a bit and made himself look silly when Charles read the statement "that OSHA is aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure" Harbison was then asked if he agreed or disagreed with this statement and he said that be would have to look at the contest in which the statement was made, whether that was in reference to an overexposure or in reference to an affective dose . He then had to agree that for asbestos there are clearly demonstrated toxic effects that can occur as a result of some levels of exposure to asbestos this is on page 16 & 17 of this depo .) Page 36 - Regarding asbestos and any effects it may have he has only testified for the defendant DI . Page 39 - He's been asked to review the methodology of the Suanac studies for it's appropriateness and whether it is usable for some intended purpose. He has not reviewed the medical literature. (In Patrick's deposition he said that 6e bad reviewed the medical literature so I'm not sure what he intends to testify about in this trial.) Page 40 - They now go through the Saranac documents and exhibits to Hazard deposition and the fast Saranac letter is dated 02/12/43 which is a letter from Bowes to Dr. Gatdner stating that Of is concerned with the new product Kaylo in that it contains silica materials which is a derivative of sand and are questioning whether there could be any lung problems related to this product . Page 41 - The second letter is dated 03/12/43 it is a letter from Saranac to OI which states the fact. . . .that you were starting with a mixture of quartz and asbestos.. ..suggest a first class hazard. Page 45 - Harbison's interpretation is that Saranac cannot tell them about this new form until it is tested. Page 46 - The purpose of the Kaylo study was to determine whether or not there was a hazard that would be associated with the use of this product . Page 47 - He stated that this study used guinea pigs, rats and rabbits and not white mice because they are not as good to use because they are highly vulnerable to developing carcinomas. They have very high spontaneous occurrence of some forms of cancer, particularly lung cancer. Page 48 - They started with rabbits because of the size, They crushed the Kaylo and injected it with a syringe into the rabbits. They all died of pneumonia because of the way the product was given to the rabbits so the experiments were abandoned. Then, they exposed the rats and guinea pigs by air and although it was supposed to be for 8 hours a day for a five day week the attorney points out on direct examination that indeed the rats and guinea pigs were not removed from the cages so therefore they were in the dust 24 hours a day. Page 49 & 50 - The particle concentration was 115 million per cubic foot of air. The TLV at the time was 5 million. Page 50 - He goes on about the reputation of the Saranac lab being the best in the country. Page 52 - Yet they conducted a test to simply answer the question, at any level of exposure, can an effect be produced? (Don't need to be an industrial hygienist or a toxicologist to know that, even in that year.) Page 54 - Witness is talking about how this type of testing is not common . He explains that it is very difficult to do this type of testing even today. It is technically very difficult, it is extremely expensive, and most substances would not be tested because of those difficulties . I think the work that was done by Saranac Lake was certainly pioneering work in that time, in the '40s. And even today it would be very difficult to do those kinds of studies. Page 55 - Response of Satanac Laboratories back to OI "at the present time there is nothing to suggest that reaction comparable to asbestosis or silicosis will ultimately develop". It was a fifteen month study. Saranac was asked by OI to continue the study to see if a longer period of exposure might result in adverse effects. Page 57 - The next document is a letter from Dr. Vorwald to Hazard 10/30/47 the study comprised of 18 months testing on the rats and 30 months with the guinea pigs concerns. The concerns were whether tuberculosis would develop with longer exposure ; no fibrosis present. Page 60 - Many of the particles were too big to stay suspended in the air. The conclusion with the guinea pigs was that Kaylo alone fails to produce significant pulmonary damage when inhaled into the lungs. There was no tissue reaction. Page 65 - 11/16/48 continue to study because of tuberculosis concerns. Page 66 - " ' " When all the animals showed early lesions and also true fibrosis of the type characteristic of a response of asbestos at the end of 36 months. Page 67 - Was OI surprised at the results and the answer was no I don't think that is surprising. think that they were probably expecting a fibrosis to occur and to find an asbestosis . (In 1948-there were no surprises, La knew asbestos could cause asbestosis. Also this contradicts his earlier contention that they did not mention that one of the goals or the purposes behind the study was to determine whether asbestosis could occur from Kaylo dual. His contention was at one point silicosis and then tuberculosis.) Page 70 - The witness knows that OI kept dust levels at their plants that made Kaylo at 5 million particles per cubic foot of air. He also goes on to talk about how the X-ray program showed no changes. Page 49 Bc 50 - The particle concentration was 115 million per cubic foot of air. The TLV at the time was 5 million. Page 50 - He goes on about the reputation of the Suanac lab being the best in the country. Page 52 - Yet they conducted a test to simply answer the question, at any level of exposure, can as effect be produced? (Don't need to be an industrial hygienist or a toxicologist to know that, even in that year.) Page 54 - Witness is talking about how this type of testing is not common. He explains that it is very difficult to do this type of testing even today. It is technically very difficult, it is extremely expensive, and most substances would not be tested because of those difficulties . I think the work that was done by Saranac Lake was certainly pioneering work in that time, in the '40s . And even today it would be very difficult to do those kinds of studies. Page 55 - Response of Saranac Laboratories back to OI "at the present time there is nothing to suggest that reaction comparable to asbestosis or silicosis will ultimately develop" . It was a fifteen month study. Saranac was asked by Of to continue the study to see if a longer period of exposure might result in adverse effects . Page 57 - The next document is a letter from Dr. Vorwald to Hazard 10/30/47 the study comprised of 18 months testing on the rats and 30 months with the guinea pigs concerns . The concerns were whether tuberculosis would develop with longer exposure; no fibrosis present. Page 60 - Many of the particles were too big to stay suspended in the air. The conclusion with the guinea pigs was that Kaylo alone fails to produce significant pulmonary damage when inhaled into the lungs. There was no tissue reaction. Page 65 - 11/16/48 continue to study because of tuberculosis concerns . Page 66 - "'+ When all the animals showed early lesions and also true fibrosis of the type characteristic of a response of asbestos at the end of 36 months. Page 67 - Was OI surprised at the results and the answer was no I don't think that is surprising . think that they were probably expecting a fibrosis to occur and to find an asbestosis. (In 1948-there were no surprises, La knew asbestos could cease asbestosis. Also thin contradicts his earlier contention that they did not mention that one of the goals or the purposes behind the study was to determine whether asbestosis could occur from I{ayio dust. His contention was at one point silicosis and then tuberculosis.) Page 70 - The witness knows that OI kept dust levels at their plants that made Kaylo at 5 million particles per cubic foot of air. He also goes on to talk about how the X-ray program showed no changes . \~wb~~~ Page 71 - Conclusion asbestos is one of many dusts that are hazardous if at a certain level of exposure over a long time . His opinion is that the data transmitted to OI did not indicate that at the current use level of 5 million particles per cubic foot that there was a hazard or risk associated with the use of Kaylo. Page 72 - OI kept pushing Saranac to publish the results. Page 73 - OI had no input into the preparation of the report. Page 74 - 1955 the effect of inhaled commercial hydrocalcium silicate dust or animal tissue by Schepers printed in the American Medical Association Archives of Industrial Health. Page 75 - No reporting of any cancer in the study. He could not find any cancerous changes therefore OI knew Kaylo did not cause cancer . There was also no mention of mesothelioma. (The attorney leads the witness by stating that Saranac did not tell OI to stop making Kaylo nor did it tell them to remove the asbestos from Kaylo nor did it tell them to warn. I think it would be worth pointing out that a prudent manufacturer should not seek to escape it's responsibilities by blaming a lab that simply did it's testing, not to mention that it was not Saranac's job to enforce warnings. Cross-Examination begins which I did not think was very strong. Page 81 - Witness does not recall Kaylo as being toxic until the attorney points out that a January 1952 Saranac document Page 84 - which refers to the propensities of Kaylo as being toxic. Witness states that all materials are toxic and that the dose determines whether they are or not. Page 90 - The attorney reads OI May 25, 1951 report, Kaylo Division plant, Industrial Hygiene survey by Saranac "the maintenance of the working environment in a condition which conforms to regulations promulgated by local health agencies or which is in accord with accepted standards of good practice should not be considered as a complete protection for a worker from acquiring a disease as a result of his occupation ." (This was referred to earlier if the witness stated that compliance with the TLV was prudent behavior exercised by a manufacturer at the times Witness says that what Sarsnsc is saying is that compliance alone with TLV and not looking at the workers themselves would not be prudent or sufficient.... need to maintain medical program too. This is his interpretation of the document which talks abort protection from acquiring a disease. Page 95 - Witness knew in 1943 when the studies began that it was known that asbestos could cause asbestosis . (Again, he contradict himself to a certain extent.) The witness goes on to state that the Saranac documents do not tell us about cancer. Page 97 - Witness does not know anything about the industrial health diest materials that OI had been receiving over the years. Page 99 - The witness would not agree with Dr. Gardner's 1943 letter to Bowes "that the fact that you were starting with a mixture of quartz and asbestos would certainly suggest that you have all the ingredients for a fast class hazard." The witness agreed that it turned out to be a hazard at some levels of exposure . Witness feels all substances at some level of exposure can produce harm. Page 105 - Witness doesn't know what safety measures OI formulated for the end users. Witness doesn't know about the approval of respirators. Page 107 & 108 - Conclusion of the 1948 report was that Kaylo, because of it's content of an appreciable amount of fibrous chrysotile is capable of producing asbestosis and should be handled as a hazardous industrial dust. Redirect on 109 - Witness explains the differences with the TLV. Witness says the test showed at high concentrations of 100 million particles per cubic foot of air you could product asbestosis . But TLV, that level which or below which no adverse effects would occur was 5 million. Therefore there was so large a safety margin between the two and that the standard practice of the 5 million particles was appropriate and also OI went further and used the advise of Saranac to continue to look at those employees by medical examination of those individuals continuously. Page 110 - Reports only talk about asbestosis . Kaylo would not be considered toxic in substance for causing lung cancer or mesothelioma. (How in the world does this man have the knowledge or foundation to make thin sort of statement.) Page 111 - It is correct that OI did not wam if the dust levels were above 5 million particles per cubic foot of air. There is also a deposition taken by Charles Patrick, a partner with our firm, in the West Virginia ICanau County case on 03/29/94. Hubison was being offered on behalf of Westinghouse. I have read that deposition but have not made very many notes. For the most part, Harbison goes into the same type of contentions that asbestos can be toxic just as all other substances depending on the level of exposure. He also talks about the TLV quite a bit and states that levels below the present .2 fibers have no increased risk of asbestosis, lung cancer or mesothelioma. Charles again has made it clear that this man is not designated as an expert in asbestos or state-of-the-art. Charles thought that most of his testimony was not very relevant and he would make a motion to exclude on the basis of comparative fault. He feels that his testimony is not even relevant in this type of case and that it only tends to confuse the jury . As far as his review of the Saranac documents is concerned, Charles stressed the fact that this man is neither a medical historian nor was he being offered as an expert in asbestos . Apparently he obtained his expertise in asbestos about 3 or 4 years ago when OI first hired him to review these documents. Charles also felt that while the purpose of this man's testimony was to demistify TT .Vs, he obviously knows very little about the intent of the TLV . Again although he is not listed as an expert in asbestos, he does believe that he is an expert nonetheless . However, he does not know the name of Vaguer, and he knows very little about the Selikoff studies. I have had a med-line done on him as well as a West Law search. I have enclosed the Med-Line articles and the West Law material. Primarily all of his testimony has been dealing with chemical exposure cases. Most all of the articles that he has written or jointly written have dealt with drugs in one form or another. His big claim to fame is the fact that he participated in the autopsy of Elvis Presley . However, I have enclosed an article about the problem surrounding that autopsy and the fact that there was some cover-up . No where in the article is the name Raymond D. Hubison mentioned at all. Charles had also mentioned that because he testified on behalf of 01 regarding the Kaylo documents, Charles had asked him whether or not he had met or read transcripts of prior 01 experts. Charles asked him if he had ever read transcripts of Harry Demopoulous. The witness claimed never to have talked or to have known anything about Harry Demopoulous. The witness the amended his statement to say that he had seen Harry Demopoulous' name in a credit in a movie. He is obviously lying about this which indicates that he is lying about other matters as well . I am not familiar with Harry Demopoulous or many of the OI experts so it is difficult for me to comment any further on this matter . Good luck. I'll be glad to help you any way I can. hoh~\n=wb~~~