Bliley American Tobacco Co
Confidential summary prepared by American outside counsel containing outside counsel's analysis and opinions regarding deposition testimony.
Fields
- Privilege
- AC/WP
- Type
- Summary
- Request
- A,B,C
- 02,03,09
- Date Loaded
- 22 Apr 1998
- Author (Organization)
- Chadbourne & Parke 1
- Folder
- Smoking & Cancer
Annotations
- 1. Chadbourne & Parke Author (Organization)
inferred
Document Images
q ~tr. Crone, based Upon your
that has c~e to you fr~n ~hatever ~ources it-may be,
M~, lla~aer or anyone else, do you feel that there As a
relationship between the s~okAng of your cigarettes,
let us say, Lucky Strikes, and the develop:eat of
cancer or helot disease?
A
Do you thank there is an~ aggravating
that is, precipitating or accelerating
[SoCe: ~arlan was asked vlth re-
spect to smok.l.~ ~ cancer whether he
there ~as an~ relationshAp and
an~vered, no.
Borden was asked whether ~n hls
opinion there is a rela¢ion~hip between
cs=dlovascular dAseaee. He answered
" ~ 4on' t know of say connection be-
tween ~aokAz~ and cancer and cardio-
vascular disease or an~ other disease."
(pp. ~- ~'6) ]
Co that?
And vhat has been your polAcy vith respect

Q Let me ask y~u thAst Would you se~7
that you don' t beZteve that there Is a relatAonshAp,
or ~ould you sa~ that you ~ust don' t kno~ ye~?
k b~at do you mean by a relaZAoas~Ap? A
relatAoas~1~ as t~ v~at?
Q Be~eea sao~A~g sad cancer.
A ~ you sesa a s~sttst£csl rels~:lonshlp
or a causal re~atloashlp?
Q Causal, eAtJ~e: A~ part or ~a ~d~ole.
A l should s~y thaC we don' t knov, because
after a good ma~y y~s ~ pretty ~Ce~lve sty,
~ ~e~ ~ca~ ~s dev~oped ~er~ent~ly of
s~ ~ ~olvmeat.

yet or doee that mean --
yots b~t £t ~ sO~ ~t ~ £t ~S Vo~ hoav~F
~volv~ ~ O~t ~ ~ve ~ on s~, more def-
~te ~~tton of 1~ ~ ve
(a) tud Orou
"5~e s~ tota~ of sctenttf$¢ evidence
establishes beFo~ a reaso~ble ~ubt
~ ct~ette ~~ As a causative fac-
~r ~ ~e ~cAdence o~ h~ eptde~old
Was ~hat over ~a~ed to you= attention?
[Note: Crove answered the me
question, saying, "Thls is the first
ever." (pp. ~-lO) Hetaana ansvere4
It ~s been bro~ to
Kaa8 sad Hoeke~;~ both J~lca~ed that
they were. faal~£az wlth the ~tUd~ Qr~up
report. ~HaaS, p. 2~1 Rockett, pp. ~-~)
[The ~tud~ Oroup report was published
~9~7. ]
-3-

Q Are you familiar with the facet, sir,
that Dr. Leroy Burney, the Surgeon General of the
United States~ has stated that,
"The weight of the evidence is
increasingly pointed in one directlonl
that exeesslve smoking is one of the
factors in the causation of lung cancer"?
A I am familiar with that statement. I
have seen his statement.
(Hoekett) p. 156)
[Rote, ~ei~ann stated that Burney
bad made a (p. )
number of statements 73
and that the above quoted~as "a vet7
carefully worded statement, and I eanrt
remember whether the Surgeon Oeneral
stated it in exactly th~se words."
(p.
C rowe answered that the ~rney
statement had not been brought to his
attention (~. 11) although he had
earlier indic•ted that he had read the
reports of Surgeon General ~Arney in
the ~a~er (p.
8)
~o~den was asked whether he was
familiar with the pronouncements of
Burney and replied, "I know ~u'ney has
made some remarks, yes." (p. ~%) Haag
~as asked whether the Publi~ Health
Service had taken a stand and answered
"It is my impression that Dr. B~rney
issued a statement to the ~ress. Now
the e~act wording of that, I don~t
know. That I suppose represents the
feeling of the Public Health Service."
(p.
Hamner ~as shown • copy of state-
ment whieh.Hastlngs desoribed as
prepared by the National Cancer
stltute of the Publle Health Service
and issued through Dr. Holler and
also through B~rney. ~a~er

~led~e of ,Posl.~tons Taken
Various Bodies" (~ontl~ued)
asked If he had ever seen the state-
s~tnethin~ $£m~.ar ~o ~J~.s, ~ don' ~
red.abet l~ ~ de~." (pc 8~)]
[Note8 The above Burney quotation
Is from a ~ubltc Health ~orvlce p:ess
tton q~ted ~s preceded .~ ~e p~ase
"~e ~e~ ~e ~~y d~ferences
of op~o~ ~ ~te~ret~g ~e. ~ on
Pu~Ic ~e~ ~e~lce reels ~e ve~t
~he s~atenaa~ concludes with this
paragraph,
"The Service notes ~t the
study group fo~ thai more
study is .R~eded to
~ s~ti~tic~ a~oc~tton
~ween ~~ ~ heart
~e st~ group repoP~ed
is ~ co~c~ bio~ogic~ or
~ca~ ~t ~~ per se is
on~ o[ ~ causat~v~ Eacto~s
s~ce p~vtded ad~tlo~ ~ta on
~is subject, ~ ~erv1c~ ~eels
~st more s~tts ttc~ ~d
~ostc~ ~ Is needed
li~ a def~ position on ~s
~¢er." (~Y ~, 19~ Press
geon Gen. Leroy E. _~ney, re-
printed at pa~es ~-~ of
Durney is the author of a special
enti~led "S~o~in~ and L~ ~C~cer~ A
m~t Of ~e PU~iC He~ ~e~lce:" ~ ap-
p~ ~ ~e ~ber 28, 19~9 ~o~ of
The ~ertc~ ~iedi~ Assoclation~ He co~
~eds
"Th~ Public Heal~h ~ervlce be-
lieves that the followln~ s~a~e-
mon~s are ~ust~fied by s~ud~es to
date. i. The weight of evidence
at present implicates smoking as

Positions Taken
a~ (Continued)
the principal etiological fac-
tor An the increased incidence
of lung canners 20 Cigarette
smoking particularly ls associa-
ted with an increased chance of
developing lung cancer. 3. Stop-
£1o~ng ciga,.tt, smoking ..n after
exposure ls beneficial, ~0
No method of treating tobacco or
filtering the s~oko has been dem-
onstrated to be effective In ma-
terially reducing or olAminatlng
the hazard of lung cancer. • 7-
The nonsmoker ha= a lower Incidence
of lung canner than the smoker in
all controlled studios, vhothor
analyzed in terms of rural trots,
urban regions,., industrial occupa-
tions, or sex. 6. Persona vho
have never smoked tt all (cig-
arettes, cigars, or pipe) have the
beat chance of oseaplng lung canner.
70 Unless the use of tobacco can
be made safe, the Individual person
risk of lung canner can beat be re-
duced _by .the elimination of rooking."
This article vat the sub,oct of an edi-
torial in a subsequent issue of the ~.A.M.A.
Dr. ~ohn H. Talbot, Editor of the
vrote In part as follovs t "A ~ber of
t~tho~,ttlos vho ha~e examined the sane ev-
Idenee elted b~r Dr. Btu.ne~' do not agree
vlth his eoneluslons." Further, "Selthe:
the p~eponents nor the opponents of the
theoz7 have sufflelent evldenee to
var~nt the asawnptlon of an a11-o~-none
authoritative ~osltlon." (~.A.M.A., Dee-
mb~ 12, 1979)]
A Z have read about tone of his. Z don't
.~eeall speelfloall¥ vhat he said, but Z do know that he
nat e~ented on the subject.
(~k~en, p.
[Note t Haag had heard of Dr. Helle:
(p. 26). Ha~er vat shown a stateuent and
stated that he had seen s~ething stnilar to
it, but didn't remember it in detail. (p. 88)]

referred ~o Was
~ before ~e Sub--tree
your attention; ~ star, eat by the ne~ off2cer of
hea~th of the Central Counm~ fo~ ~ealth, ~ducat£on
of ~h~ Tavtstoa~ House ~a Tavl~t~ak ~quare, in London,
"l~ is my du~y to warn a~l cig-
arette smokers ~t there is now con-
s greater ri~ of ~ntract~g c~er
Glv~ ~ ~~ reduces ~e rl~."
~nder~eath ~hat ~sJ "The Centra~ Council
for ~e~th ~ducat£on, Tav£stoak house, Tav~stock ~quare,
LOJ:U~or~ 0'*
A NO,
(C~ow~, po 20)
[~ot~: The above quo~t£on Is the
legend on a pos~er
He,mann was stoked whether it had ever
been brou@ht to his attaat£on tha~ the
B~£tiah ~over~en¢ had d~strXbuted posters
t~ast t~.~ relationah£~, between ctg-
and ~ung cancer was one of dlrect
cause and effect." fie replied "I have
• ead reports o~ various kinds of actlon
~t ~9 spe~ of ~ s~e 8~por~
(~. 76) ~
Q Are you also fmm~.~ar with ~h~ fact tha~
Brltlsh Gover~ent has a~ao s~a~ed --
I~, Iff~flt ~mae objection.
(Cont~) -- that"
"~he r~at£onship between ~tgaret~es and
-7-

~l~e conclusion was based ~ large part
Co~c~ ~d ~te ~t "five subs~ce8
have ~e8~ been ~o~d (~ ~cco ~e)
c~s~ces, of caus~ ~cer ~ ~-
m~s~ ~e ~rkers h~e succeed~ ~
concentrated extracts o~ ~cco ~ar
-8-

-9-

The papel's thomselves~-
(Cz~ee, p. 19)
[iloto~ D~. Chazles ~;.
posSt~on ~ 1~6 ("I~ (g~e A.C.S.)
~~ to t~ ~e p~l*e ~t to
rake. It does ~t~ to eq~p
P.
~he A.C.5. adopted the Study

you ~ boy ~ ~otzospeetl~e studLes
A ~Jo. I don0t Jtm~ boy ma~y thee hate
boon. I donOt ~l~l~lt tt0s too tmpol~c~nt ho~ ma~v thas'o
have boon.
A The question
bsvo boon ]wopewly £ntea~F~tad o~ w~ot~ the~, have
boon ovo~£ntmted.
(~ekett, p.
~ Do you kna~ how many px~speotlve st~tts-
A I donor knov ho~ m~n~, but I know th~o
halo boon tlwoo ox.
(1LDokett: p. 1~)
A
+1oi I eanOt.
(Llttlo, p.
Ii

• tn~e~ e~e~ b~en b~ousht to ~ou~ attmst~on~
[Iotos Hu~ yes ~uJ~L~ vlth the
I/anmund-l/o~n study and stated time he
vent ~h~ouSh 1~ ~.er7 ea~oLhzLl~ at one
vho had 4ohm 8tat2st~eal vos~ /n
Hoen 1~po1~ p_ubliahsd ~ one fo1~
or anothee. (p..~) ]
~ Zn~tdonta~¥, a~o you asm~o o£ 1~. DO~l~n0s
latos~ 8tatLstLoa~ et~¥ vith ~ospoet to motc~nj
llo/mann, rhea asked ~ he ~as mm~o
a oompL~at~on b~ ~e~ sons ~d of
8u~ ope~at~n Vh4Oh Yes v~y d~fe~ent

(a)
you tanili~ with the studies done
who
ha~Q• A~e the~e any othe~ people you ean think
done epldemlolo~t~al work?
has e~aluated ~he Ineldence, and atteapted to a~:Ive
at a ~easonable ease of the g~eate~ ineidenee in one
locality t~an another, for
~ ¥tth ~espeet to the ~e-ealle4 s~attstical
relationship, wo:Id it be fal~ to say that tJae people
that we have :ontlono4~ that iS the Doll ~ Hill ~udios,
the ~k:aend s~udles, D~. _~_~n': s~udies, ~ated that
the~e va: a ~elatlonshlp -

MR. ~s I ob~oet ~o that qmst~on,
boeause It a~ ett~ts to oltelt the
t~h the test~ of. t~s witness.
t~at as a standing~.bJoetton to each one.
All ~tght.
A. ~ ~ as I k.now all studios of that
so~t whteh have taken a saaplo of the ~p~t~on ~o
~ I ~ean those people vo were speaJ~i~
abou~ said t~ has a causal rolattonahlp, dld they ~t~
~ t~ ~n~lusion he said t~ It ~u~ ~O
~ld ass~p~tons~ bu~ vlth the~ ~ ass~~ns he
~e ~o the ~ncinslon t~t th~e wee a ~~tty
of ~ause and effect.
~ And did ~nd ~,-o to a s~~ ~n-
eluslon~
A ~a~mond ~o ~ a s~lla~ eonelnslon.
But I ~vo ~tst~ to ~~, I ~Vo ~d ~~,
~t with ~e ~thesls." I ~h~ he
t~t "It
offoe~ Felat~n." ~ ~ ~8 boon v~y ~~us In
~;he ltn~ut~o he has uotd. ~ has neve~s 8o fa~ as I
know, sald that these optdemtoloKleLl studios pl~vo
that
With l-espo~ to ~. Do~n5 Is his opln-
M~ D~rdh Samm ob~ootton.
A It is a little difftenlt fo~ ae to say
what D~. Do~nOs eonelasions, a~es beeaase D~.
visited us~and in £aet it was boeanse of the
of the National Canee~ Institute to ~ake t~As
And the last t~e I sav hi~ he did not thLnk
the~e was an~ causal ~elation. I don~t k~w vhothe~

~ta~t~tiea~ S~dies (Contia~ed)
(Continued)
A As ~a~ as I ,i~ov they have, vAth the one
exeeption of the suzvey whlch we n~de, whleh was not
a sample suzwey but ~cluded the entire population.
Q Yours was done on Amerioan Tobacco Com-
pany el~ployeus over a p~lod of a~ fo~ y~s, a~
I th~ it was done by ~u ~d ~. t~g, is ~
"I do not recall how they worded
that. They discussed the :attez o~
oausal relationship. Whethe~ they
stated it as a definite eoneluslon,
or vhethe~ they stated it as a tents-
t lye conclusion, or whether they
stated it as soaethtn~ that their
york wou~d lndl~ate ~ght be a con-
(po

~t~tixtleal ~tt,d~e~ (Continued)
Ha~lan stated that the stray ~ed
an assoalation and we| asked "They d~d
not say i~: was an aetual relattonship~
to the best of ~ou~ knoeledse?." to .
whieh he replied "~, SLOe" ~po 127)o
~akett 8rated that
"The:e a~e se~ea-al sta~Istleal
s~.dles tha~ report an asso¢iatlon
between mokJ~g and the ineldenee
of l~ng cance~, but, of course,
these stetisties a~e disputed
feel that this. ~ay be a ~atheemtieal
fietion. ~hoy donOt believe that it
rill ovontua£1¥ stand up," (p. 133)0
Little aoknowledged that the sa~oeity
of the studies showed an assoelation
edd/~g "~hethe~ they al_l do or ~ot l
don,t ~ow.. (p. 203)]
[ Note, In thei~ study ]~as~ond a~nd
thee is ~ do~t ~ o~ m~s as tO
the ~tdt~y o~ the assertion £o~
b~e~ etg~ette ~k~ ~ ~~
Causation vas not even discussed in
thei~ second or final, report, although
it had been ~entioned ~n theL~ p~el~y
repo~ where they said "FoF rea~ns dAs-
eus~ed, we aze of the opinion that the
associations fOl ~ betveen regula~ ~lgmtte
o£ the cozonazy a~ta~lea and betvoen
:e~ula~ eiga~ette mkAn~ and death ~tee
f~ l~ng eanee~ reflect ~ause and effeet
,Some months a.~e~ thOi~ final
"* * *. The fact t~at • disease
is associated with so~e faeto~ in
the environment does not ~eos~ily
~ the faet~ ~ues ~e dtmse
• • ..- U~mmond. "Smoking and
Death 3ares - ~ Riddle in Cause
a~d Effeet," ~:e~lean Selentist
~(~), 331-3~, Dee. 195~, at
~p. 3~:~-3~3).
3.6

ltahed, a d~wing of conclusions of thls kind f~om
my etudy yes not done.
~ ~ou ~aeau ~ou d£~net do At £a you~ stud~
, £ No, my ~tnd¥ is not fini~ed, When
the ~tud¥ is finished, X e~pee, t to ~ato v~a& ~.y~.
eonelusioas are e~nee~nAng ~e ~eeults of aF st~¥
~d¥ is not e~lerce4.
tabha M~ s't|a~N¥ is mt ~ot, ed s~nnl,. ~ ~ do
Feel
X am in a poaitlon at thAe time to
(~.
the
• ~de~ad it, and of eo~e l
£nt .end n~ reflection at all on yo~, lnte~it¥ o~
oth~ b~~t~s ~ m~i~ doer.s ~ ~£os~8
o£ p~blAe heath in eonee~ express ~h£s opinion etth

A I a~ n~t ~a~e~ to ~ake that s~ate-.
ment at the ~A~sent t~8.
with It, ~ ~
~ ~ neith~ a~eo ~r di~ee.
q and y~u don,t '~ t~ ~ess an opi~on
~tlt ~u ~ve ~=plet.M ~ o~n ststlstl~l lnves~i
~ i~ha~ is eo~Teet.
you rant to
e~tdenee to this effeet. Zt is d:J~fl-

(b)

tho B~ttlsh onv~onmont,
and ha found~
tho anm~o~ o
Dooto~, is m~ question o~eo~? If notj
lo~ ml Ko back and have It Feed aKa~n. Po~hape l
did not mako It o~e~.
MR. HA£TII~S,
(Roeord reed.)
WLII .l,,o= road the q~e-
~ DYERm I wLII oh jolt to tho form
of tho quostlon unless the question also ineoz~po~ate8
the v~toue faotoFe t~t ~e ~olv~ In tho ~tl~
tt~l st~tos~ ~ ~t ~ust ~ttsti~l ~tom t~
~e ass~ the fa~t t~t bo~u~ a ~n is a
be~oon t~t p~n ~ 1~ ~~ w~t~ the oth~
~eeossa~y factors bo~nK tnvol~od ~n tho study.
No~, ~o ahead and ans~o~ tho best jmu
Did you hea~ tho quoet~on, Dooto~?
I hoard the qtsos~i.Ono I don0t thl~
T could alto any study that poaltt~oly d~Jpa~o~os a
possSblo statt~teal ~olatfonshlp botwoen the tnotdonoo
of' oen.ez, and mokln~.
(Hookott, pp, 3~36-~38
2O

~ Do6tor, do you know of any one spoolflo
A ThatV8 a ha~d quostLon to anseo~, in
Lot no ask you fu~th~ --
1 ~ an honostly t~tnk~n~ ---
~ I soo. I an sorry. ~o ahead.
tlon~ plea#,
read.)
A I vould say --
Q Dootor, you nay an~e~ the quostlono n~.
of' them do not die of lung eaneee. .
I tmuld say that o~e~y statistlo~l pspe~
8ho~ed tho abNnee o£ rolatlonsh£p in tho ntJorit¥
o£ pooplo tnoluded in the study.
21

Sta~latlea! ,Studig| (Contln~d)
t~on shown?
Would you say that there is an assoela-
A The n~gatlve ueoelatlon is mush
stronger ~han the positive one.
(Llttle, pp. 191-1.93)
