Industry-Provided Depositions
John T. Ross, Plaintiff, -Vs- Philip Morris Company, Ltd., Defendant. Supplemental Transcript of Proceedings. Re Depositions of Witnesses: Dr. Kenneth D. Devine;Dr. Edith M. Parkhill
Fields
- Site
- Rjri
- Law
- Alias
- CN 9494
- Type
- DEPOSITION
- Date Loaded
- 27 Feb 1998
- Box
- Rjr4125
- Request
- Blanchard
- 2rfp13
- Minnesota
- Letter
- Request
- 19970311
- Rogers
- 1rfp1
- 2rfp13
- Author
- Devine, K.D.
- Unk
- Parkhill, E.M.
- Unk
Document Images
579(5)
aI95
T
"Q'39-3^I0?i= And s*.ill ronain in thet Rpeai.Rlty?
10
d
"A'IS:JERa I believe that my work has bQen mors
and more confined chiefly to the care of cancers of the
mouth and throat, and less nnd less of the plastic recon-
structivo vork.
"INTRS TIC': s And for how nahy y ears have you
been dealing with cancers of the mouth and t`hroaE here
at the Yayo Clinic4
" A*;SWERs nince 1943.
"WIR5Tz0;;: Since 1;1+39 that is consi,derAbly
over a decade; would you cn.-Flnin to the Court and lury
the relatiQ::ship that necescarily existsg if anyl bet4cen
plastic curgery, which was part of your specia7.ty and
ce-ncerg of the raouth and throat?
"A`1:T4M: Well s rtany people cone to the Clinio
who havo lfsfons$ car.eerss tutors, about the lipst faees
r;outh, throat, voice box -- who require surgical treat-
ment, and naturally we are intorostAd in resf.orinR fune-
tion. We don' twant thcm to bQ deforn ed if we can
possibly help itq e.nd therefore we believe that people Vhd
do this particular kind of k{ork should be trAined in
plastic surgery too$ which deale with the restoration of ~
~
~
i'unctxon.
''rl~iliIbtdt I see. Doctort would you tell the ~
Court and Jury the z,,3-i:bnrship t`:at ;,ro~i 'httvo in nny
~
V
v

5"9(7)
",t`~s''T0,*'s v'hat other ^icdical sxie.*.ios and
grovps do yoii belong to$ T1r. pevine?
"A?tSWS??s Well, I nm a-mcn'zber of the knerican
Association of Plastic IfZurr©onsj the !.merierin ',*oeiety
of Plastic and Feconstrvetive ;i.>>rgtiryq the knerican
College of Ntrgeongq the !Lnericnn SoeIety of 'lead and
Noek Surgeons, the Anerican Acadeiy of rphthahotogy and
Otolaryngologys and t, eMir.nAsota Rcadomy of c>phthalrology
and Otolar;,rngology.
"^U~3T70't: And, of course, 1oGtor, you aro
licensed to praotics your profession by the atnte of
?'ftlnesota?
"A1'SI'Ut Yea, sirr.
"Q~.T~:S'~10~i: Doctors when did the plaintiff in
tr.ig case fall u^dQr your care and observation, nnd 2
tell you that you rjay na'Ke reference to P1Rintiff' s
r.chibit 29 the }-:ospitAl recOrda."
I thir.k these are the rPcordg, Xo,ir I?onar.
"At.SW::Rs I first saw .Yohn PoEs on ?-13-52.
"^t~;STI.O;~= And will you tell tl:e Jury in your
own langaage what that was in conr.e,,tion with and vlhat
for?
"ANVUZ: I'e aa19 to the C1 inic cotiplRininE of
a hoarsoness, throo woe'lm. duration, jIa a1so "en;ioned n
sore tbroat, and he told us that in his homo city that the
f
-- - -- --- ------ -- - -- - - ----- - -- ------ ---- -- ---- ------- ---------- --- ~

a79(18)
T2-mf2
Nox, the throat is a bie place, and we doctors.use the wo d
pharynx inatoad of throat. It :hou1d be used that way tth~n
you are talking to another doctor.. And this cancer was,
technically, in this part of his pharynx -- hypopr.arynx.
Hypo aeanm below. I don't know whether you want me to
bother these folks with hypopharynx, nasal pharynx, and so
on.
"QUESTIJPit I don't think it xe necessary
unless they desire that you go Snto it specifically. HoN
extensive was the cancer that you actually observed,
Doctor?
"ANSKL~t This was exwmined by our js ath.o2og.at
when it was taken to the laboratory iaroediately, and
round to be 3 by 1.8 by .4 centimeters.
"QUNSTIONs And how big would that be in inches
' II roughl.yt
°ANSWHR= Let i s see, there are two point five
centimeters in an inch, I think that is right -- I will
answar that question by aayini, that -- as I might
answer it to a paticnt, is that it is a big cancer,
And I miEht tell him that it isn't how big it is, it is
sort of liko a cinder in your eye, it is where it is
that eounts. And he happened to have it in a place
wheret it often sprraadu quickly and where our chances of
curing them arest 't too uood.
~
F O
N
0
CO
~
~
~
0
I

579(21)
Y
J
but in actual practice he doesn't Qxamin8 each and every
than the voice box,
"gtnr,TIOrat All right,
one of these -- it is just not possible.-- there is not
enouSh tiroo.in the day to do all of that Work, tie
examinea the nodes that are slizhtly enlarsed or that
seem hard to him, and he checks them under the roieroscope
QUESTI02tt And did you perform the total
larynSectormy yourselP, Doctor?
"ANS'r1ERt Yea.
"QUES'rIONi And would you -teil the court and
jury how raueh of the larynx was taken out - is that
the voice box?
~iMSV;Ecc= 'Wsll, tha larynt is the voice box. Ta
this type of operation, it is far better to remove more
"ANUMs There are certain muscles outside of
this box -- certain bones that we ahould remove, S.f we
going to do a bood operation, because the cancer may
bAVe spread or grown out into thes© things. In other
words, our object is to try to take out as much as we
can and still make the patient a useful person -- try
to curo him if we can,
"QU'r;STt4Ns Did you then take out the whole
voice box?
nAPa=xx.:.~t Yes.
ard
-o
N
O
x
-4
LA
~
w

57?f 13?
vL Ls13
any nod4s, --' and I rKight interrupt ther9 and say
that tl:at i s an important statement beca"se these nodes
refor to so-catled glnnda or lyr;ph or 1ymph nodes. These
are structuras tn our neck %,rhic}i swexl +sp uhen -.te get a
cold or.sore throat or tonsillitis. ThAy a.o there to
I
help us overcome infections that !iight got in our blood
stream from some infection or condition in o»r throatst
and we feel for those to sen if thtry e.r e en2nrQRd. If
they are Enlarged t in th© presence of a caneQr in the
throat, then we have to cons{der that they are onlarged
because cnr.cQr is in those nodes or glandst and so if I
can continue, I saidt ' I can not tcel any nodes,+ and
Imerzn} signiff.cant nodes, 'but he should hadct radical
neck --', and I did not put in the word 'disseetion'#
because to any exper ienced person who might read this
history you would know that I nean 'radical neck dirsec-
tion' 9 which means an operation to rez?ove these lyrzph
glands or lynph nodos -- and to eontinuet 'total laryn-
gectony.' T3.is mQAnx the co:iplete rcmoval of ttiQ voice
boxg and t..tiis adjacent tissue we have been roferring to.
"Wg: iIO1Ft lCowt Doctort after yo» had made that;
I
prell*iinary oxsr.anationt did you then determine to eheck
that by this exr,Minatton under anes`.hosia?
"AN3'-dFMt Mis is an irportant disartosis 111o majA
in nnyono' s 1i fe, bec-xtiic wa arre refrrrtnigtn the patJent' P1

;79ti6a
nlnetf-five perccntf even though aQ coutcin t feel it
baforehgnd._
'r n.r: ;Tzoa= May I interropt there; t3octor, vaa
that 'i:xportnnt because you positivoly identii'ied the
cancer as being in his --?
"a*;S'V,1Rt We kned he had a cancer in the throa4:s
but we hnve no way of 1mowing if hQ has cancer out in the
"QUESTI^?:'s You mran rz}. that time?
"Ai?Sk'RR 1 Xos. Ve didn' t knows nor do we have
,
a:nepic test= and we have to depend imon past statistics
and our feeling of the patient' s neck.
"QUEsixOtft All rigbt.
"E,NOM-SSR: t,'e kmoW that this busineas of V h@ther
or not the patient has a cancer 3n the glands Is the *3ost
important part of it all. It is not difficult to cvre
the thing on the inside. The way we lose our patients
I
and the reason that they are not cured ':as to do raora with;
the glands in the neck than vhat is going on on the ir sid
So when you f irst fit:irted operating
on him
--? "Ai;IS"V;Rt ilo thought that is the 3.,iportant
thing there. We wiIl find out whether or not the glands
are involved, or whether they should R11 be -re~±oved.
";'1-,Sj"IO!Is 73y ro-!ovn;d! yau r1ean cut t'n"r oxit?
'r ,1ti"SU1;T1t Yes.

5'71)(t5)
okay for anesthesiui that hit; general p!:ysieRl exsc~~i~q»
tion elas not renarkablet that his heart 'ar.d lungs and
abdonen were negas:ive, va took him to the V9r.hodt.ut
Hospi ta1 and on the morning of Ye3ruar-/ ].5l 145?1 ve
exaTined his throat.
"QCJssTIGms Did you determino at t?uAt tine
i
that the cancer that yov four:d in thes area could be
ronovod surgically?
"ANSi,fERt Xes,
,
"qrE3PI0,qs When did you peraorm the operation
to reTM.ovQ the cancer gnd remove his larynx?
"!NSWERc Thia operation was -perf orn, caa on
February 16, 1952,
".^MBST10:;; Would yola doscribe for the Court
and jury the procedure involved in the operation?
"MRSWERs The raedieal te". for the operntion
is radical neck dissection, total larynrr_-.ctomy And
pPrtial ph$ryngectony.
" ytlE ~~TIO~'s knd could yoij summari se for the
^ourt and jury what the surgAry consistod of?
" A ! Rt Well, th4 first part of the operationl
consisted of retioving those odes and glr~r:ds on the 1Rft~
r
patients 1.i`ke ,'.r. Ross, that the ahanaas of having a
cancer in one or t'l:eae g14nds vas nbol't eighty to ~
side of the neck. We 'mov fron rtudying :I large group of

579(i4)
vris1'4
ability to ape2'c again, ctr.d t.his is a serious diQenset
and whether or not ho will even got a cure is always In
doubt In this type of troubinl s.nd so wo wah}ed to
axanina hin a little nore thoroughly than ve co>>Xd in the
offiee. PherAfore, we put down this 'Firs} get 0. K.
anesthosia' -- In othpr vords, if this patient a cRndidatt
suitable for operation and is he a cAndidatQ for general
-- '
anesthesia, and from there we go to wha*t you read here
'5-uspension'. Now this is an appara :ijs or a ngthod of
exanining the larynx a.nd the tt:roat. In essences f." rean
tho suspending of the patient i'rom some ovorhead fixed.
pt,ii,t -- y:,u can cali it a dPrricx zf fou Vant. rnie
instrumant is placed In the throat in a proper nosit-ions
y I
and then he i s held that w -..y b f placing t_+is inst .runent o
the der riak, and th~:ref ora t?~Q s?irgncrn can t?^en work with
~
both hands and ho doesn' t'-mvE to hold the head and
throat up with one hand and try to work wih th the other.
Sol therefore, that word In there called suspension might
oon4~usa poopl.et but to is it means direct laryngoscopy,
~TG*:i All ripht. Then, Doctor, upon thAt
procc,dure did you and the tean proceed to perforn this
surgical oporation on hin2
"I`.:i'VERs Yes. .4t'ter iios3 was axn^tined In one
of *,ho g^1Era1 redicRl sections by F)r. Xcating on Feb;u- '
ary 14, 1952, after Pr. Yen',itip said that tlits rsan stAs
!

T2-mr4
579(20)
"A,'~SnERt Actua3ly, it isni t.poesibie to do a
good disaec.tion of the neck to rcrxove any possible cancer
nodes, unless certain structures are removed. There is a
large musole in the neck, there is the deep Jugular
vein --
"QUESTIONs The deep Jugular vein
i
I
"ANSwTR t Or thel internal jugular vein.
"QUESTTONt Was that cut out and removed?
"At+SwERs That is part of the standard complete
neck dissection.
"QUESTIONt And what about the left upper
ji.ig7ular °r
"AIvSMt Well, we divide these nodes or
glands into deep Jugular veins, or deep Jugular E1andg,
Vttint%r t_inan it~m~l aw. a1 anr4a . 7 n.re.,+ Aft.... i,...,.t e.. -t...,A..v "'~
that is a method of doterminins where they are aAd it
means soaething to another doctor il hQ knew we removed
the upper deep Jugulars or the lower deep Jugulars.
"QUESTrOfdt And how many were removed in this
case?
pAN3',rfERt well, if a pathologist -- that is a
man who looks at this thing in the laboratory -- wanted
to ait down and count all of thQ glands reraoved, he might
-count upward of one hundred fifty.to two hundred Elanda,

579(23)
and all patients like him -- have a permanent opening
just above their eollar.bone3n the center of their neck
through which they breathe,
"QUESTIONs Do I understand you, then, Doator,
that this mants windpipe doesn't go up into his mouth
and his nose any moro?
"ANSWEt t ho..
"QUESfiZOae And it aomes out inside of his
neck?
'"ANSWERt YeO.
"QUESTIONs So when he breathes, ho doesn't
breathe through his nose or roouth, he breathes through
the hole In his neck, is that correct?
"ANSwERt Ye$.
"QV 1014t Doc tor, how long did this operation
take?
"ANSTOMfFrom 9135 in the Yrorning until 1 s 14
the afternoon. The anesthesia was started at 9s10.
"QUESTIONs And the operation started at 9:35? ~
"ANSwF:R t Yen.
"QUESTIONs And the operation finished at 1t10?
"Arasc-rERs Yes.
"QUESTIONs Dootor, would you tell the jury
. . - -- . -. -o
what squanous cell' epitho.lioma means? " N
O
m
peclail3 u`+
Tho lf.n tngs of our bidys r.4 es
- -- ~
~
