Tobacco Documents Online

1 Volume I Pages 1 to 147 Exhibits 1 - 12 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION -x NORMA R. BROIN, et al., Plaintiffs, `I s . PHILIP MORRIS COMPANIES, INC., et al., Def endants . : Case No. : 91-49738 CA22 • -x DEPOSITION OF FREDDY HOMBURGER, M.D., a witness called on behalf of the Defendants Philip Morris Incorporated, Philip Morris Products, Inc., and Lorillard, taken pursuant to the Florida Rules of Civil Procedure, before Anne H. Bohan, Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at the Offices of Goodwin, Procter & Hoar, 53 State Street, Exchange Place, Boston, Massachusetts, on Tuesday, May 27, 1997, commencing at 11:10 a.m. PRESENT: Stanley M. Rosenblatt, Esq. (by Mary Margaret Schneider, Esq.) 66 West Flagler Street, Miami, FL 33130, for the Plaintiffs. Shook, Hardy & Bacon LLP (by Billy R. Randles, Esq. and Robert E. Northrip, Esq.) One Kansas City Place, 1200 Main Street, Kansas City, MO 64105-2118, for the Defendants Philip Morris Incorporated, Philip Morris Products, Inc., and Lorillard. DORIS O. WONG ASSOCIATES CTR f f f'"f S.,,f `Y' .L 96~i' j

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PRESENT, Continued: Jones, Day, Reavis & Pogue (by David B. Alden, Esq.) North Point, 901 Lakeside Avenue, Cleveland, OH 44114, for the Defendant R.J. Reynolds Tobacco Company. Debevoise & Plimpton (by Steven Klugman, Esq. and Peter C. Johnson, Esq.) 875 Third Avenue, New York, NY 10022, for The Council of Tobacco Research-U.S.A., Inc. ALSO PRESENT: Theresa Becker Vicki B. Thompson DORIS 0. WONG ASSOCIATES urtz HN 0419~'~ 8

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I N D E X WITNESS: DIRECT CROSS REDIRECT RECROSS Freddy Homburger, M.D. (By Mr. Randles) 5 (By Mr. Klugman) 122,143 (By Mr. Alden) 141 t t * E X H I B I T E EX. N0. PAGE 1October 1, 1968, letter to Robert C. Hockett from Freddy Homburger, M.D., Nos. TEH13393-95 81 2 Page 560 from the March 10, 1973, The Lancet, including letter from Freddy Homburger entitled "Sugar in Tobacco," No. TEH14906 90 3 Technology and Applied Pharmacology article entitled "Abstracts of Papers for the Twelfth Annual Meeting of the Society of Toxicology" 90 4 One page from March 1974 Proceedings of the Federation of American Society for Experimental Biology" 91 5 Multi-page document entitled "Strain Differences in the Response of Inbred Syrian Hamsters to Cigarette Smoke Inhalation" 92 DORIS 0. WONG ASSOCIATES CT R N N 0 4 19 7" 0

4 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXHIBITS, Continued EX. NO. PAGE 6 Multi-page document entitled "Experimental Lung Cancer, Carcinogenesis and Bioassays," June 23-26, 1974 93 7 Letter to Dr. William Gardner from Freddy Homburger with attachment "Chronology of Events," Nos. 005639-5646 97 8 Letter dated June 19, 1970 to W.T. Hoyt from Freddy Homburger with attachments, Nos. TEH14835-42 99 9 April 22, 1974, confidential memorandum to Henry-Tom from L.S.Z., Nos. 19604-05 111 10 Multi-page Bio-Research Consultants, Final Report on Contract C-191 dated September 1973 119 11 March 28, 1974, letter to Robert C. Hockett from Freddy Homburger with attachment, Nos. TEH14986-15031 119 12 May 27, 1997, letter, by hand, to Mary Margaret Schneider from Billy R. Randles 145 DORIS 0. WONG•ASSOCIATES E.~ ~V R H N 0 4 1 RE 'i"" I

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P R 0 C E E D I N G S FREDDY HOMBURGER M.D. a witness called for examination by counsel for the Defendants Philip Morris Incorporated, Philip Morris Products, Inc., and Lorillard, being first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. RANDLES: Q. Dr. Homburger, we met briefly before. My name is Billy Randles. I'm a lawyer with the law firm of Shook, Hardy & Bacon. I represent Philip Morris and Lorillard Tobacco Companies in this case. Would you state your full name for the record, please. A. My name is Freddy, F-r-e-d-d-y, Homburger, H-o-m-b-u-r-g-e-r. Q. What is your age, Dr. Homburger? A. 81 going on 82. I'm born February 8, 1916. Seems impossible. Q. We should all look so good at 81. How is your health, Doctor? A. Well, you want a list of my ills? I have Parkinson's disease. I have gout. I have DORIS 0. WONG ASSOCIATES CTR VIN 04197,','

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 hypertension. I have two artificial knees. I have two artificial eye lenses. And apart from that -- my prostate we won't discuss. Apart from that I'm all right. Q. Are you on any medication today that would impair your ability to answer my questions? A. No, not at all. I am taking Synemet, which is a drug that controls the Parkinson's, and I take some vitamin C, some aspirin, but no narcotics or pain-relieving medication. Q. I mean this very respectfully. How would you describe your memory? A. My memory is not as good as it was 20 years ago, but it's still pretty good. Q. Good. If I ask you any questions today that you don't understand, I'd like for you to stop me and I will rephrase them. A. I will do that. Q. And if I ask you any questions that you don't have a memory of, please just tell me that. All right? A. I will. Q. As we go on today, any time you want to take a break, you let me know and that will be DORIS O. WONG ASSOCIATES ~ F~ I-I~~ ~~4, 1~~ " °~3

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 fine. If you want anything to drink, let me know. And if you need to get up and stretch or anything like that, that would be fine. You don't need to ask, just do that. A. I understand. Q. All right. I've noticed you're already very good at this, but I'll just mention this. In deposition this lady is taking down everything we say, so we need to be careful not to talk over each other, and I notice you're already very good at that. If I do that to you, I apologize and I will stop. Have you ever had your deposition taken before? A. Yes. Q. Do you recall how many times? A. No. Only once, and I testified once in court. Q. Do you remember the case name that you testified in, in the deposition first? A. The first deposition was taken in the case of my wife and myself against Merrill Lynch many years ago. Q. And that was regarding investments or DORIS 0. WONG ASSOCIATES CTR IIN 041~3~i"4,

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 financial affairs? A. That was regarding their negligence with one of our investments. And the second time, the only time I testified in court, was the Cipollone case in New Jersey, and I don't remember the exact date, but I suppose everybody does. Q. What year was the Merrill Lynch case? A. Oh, it was long ago. We were then living in New York, and it was 1944 or '45. Q. When were you first contacted regarding the Broin case? A. Excuse me. Regarding? Q. The Broin case, the case we're here for today, the flight attendant class action. A. That was only maybe a couple of weeks ago I got a telephone call. Q. Do you recall who called you? A. I don't recall the name, but it was a woman lawyer in Mr. Rosenblatt's firm, not Mrs. Schneider. Q. What did the lady tell you about the case or why she was calling? A. At that point she didn't tell me anything practically about the case. She just asked me whether I could possibly be a witness in a case that DORIS O. WONG ASSOCIATES Cr T R V1 N ~'.~4 1 STIP"E.~

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 involved some secondhand smoke. And then I got more calls later on from the same person, and it was explained to me more or less what the case was about. Finally, it was on Friday last week, or was it -- it was maybe yesterday that Mr. Rosenblatt himself called and explained to me what this case was all about. Q. What did he tell you the case was about? A. He told me that it was a case of airplane attendants on the liability of the cigarette companies in regard to secondhand smoke effects'. I told him that my expertise did not extend to secondhand smoke, and so he explained to me that it was a question of testifying as to the treatment I had received from the Council for Tobacco Research' when it came to publishing facts which the cigarette companies did not like. That was about the gist of our conversation. Q. Were those his words or your words? A. These are basically my words. I really wouldn't recall his specific words; it was a long conversation and largely one-sided. I listened and he talked. DORIS 0. WONG•ASSOCIATES C"T~' t-IN ~°'.~ 419" G)