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1 BORDOW 1 2 IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA 3 IN AND FOR THE COUNTY OF CONTRA COSTA 4 ---------------------------------------- x 5 OUISE AHLI, ,C!7!'1S" n zfi,r~~ ~ ~ ~]:pj +U_u u L. 01 1 "1 s~~ 6 Plaintiffs, : 7 -against- : Case No. 8 MANVILLE CORPORATION, et al., : 230512 9 Defendants. . 10 ----------------------------------------x 11 12 Deposition of RICHARD BORDOW, M.D., 13 held at the Brookside Hospital, 2000 Vale 14 Road, San Pablo , California, on the 6 th of 15 October, 1986 a t 11:35 a.m., pursuant t 16 Notice, before Harry Schloff, C.S.R. 3563. 17 18 19 20 21 22 23 24 ~ 0 25 v .~ ~ SQUIRE REPORTING COMPANY NC. ca N N (n

1 BORDOW 2 2 APPEARANCES: 3 4 LAW OFFICES OF GEORGE KILBOURNE 5 Attorney for Plaintiff: 6 3755 Alhambra 7 Martinez, California 94553 8 BY: GEORGE KILBOURNE, ESQ., 9 Of Counsel 10 11 PILLSBURY, MADISON & SUTRO 12 Attorneys for Defendant The American 13 Tobacco Company: 14 225 Bush Street 15 San Francisco, California 94104 16 BY: WILLIAM ROBERT BUXTON, ES Q., 17 Of Counsel 18 19 LAWLER, FELIX & HALL 20 Attorneys for Defendant R.J. Reynolds 21 Tobacco Company: 22 700 South Flower Street 23 Los Angeles, California 90017 24 BY: JOHN NYHAN, ESQ., 25 Of Counsel ESQUIRE REPORTING COMPANY INC.

1 BORDOW 3 2 APPEARANCES 3 (Continued): 4 WOMBLE, CARLYLE, SANDRIDGE & RICE 5 Attorneys for R.J. Reynolds: 6 2400 Wachovia Building 7 Winston-Salem, North Carolina 27102 8 BY: DANIEL W. DONAHUE, ESQ. and 9 KEITH 10 CLINARD , ESQ. Of Counsel 11 12 CHADBOURNE & PARKE 13 Attorneys for Defendant American Tobacco: 14 30 Rockfeller Plaza 15 New York, New York 10112 16 BY: EDWARD G. McLEAN, JR., ESQ . 17 Of Counsel 18 19 HYDE & FORSBLAD 20 Attorneys for Defendant American Brands: 21 1850 Mt. Diablo Boulevard, Suite 310 22 Walnut Creek, California 94596 23 BY: PATRICK M. HYDE, ESQ. 24 Of Counsel 0 0 ~ 25 ~ ~ ta N N v ESQUIRE REPORTING COMPANY INC.

1 BORDOW 4 2 R I C H A R D B O R D 0 W, called as a 3 witness, having been first duly sworn by the 4 Notary Public , was examined and testified as 5 follows: 6 EXAMINATION BY 7 MR. DONAHUE: 8 Q. State your name for the record, please. 9 A. Richard Bordow. 10 Q. Your address? 11 A. 2 Dewey Road, Kensington, California. 12 Q. Were you served with a subpoena in this 13 case? 14 A. Yes. 15 Q. In response to that subpoena have you 16 brought with you certain materials? 17 A. Yes, I hav e. 18 Q. Could you identify those for the record? 19 A. I brought three stacks over here but I 20 have many more in my office which I -- I can 21 transfer my office files to here. 22 Q. Do any of those materials deal with 23 Richard Sahli specifically? 24 A. Yes. tn 0 25 Q. Could you identify for us, please, v ~ cn N N co ESQUIRE REPORTING COMPANY INC.

1 BORDOW 5 2 which materials you have with you that deal with 3 Mr. Sahli's case? 4 A. This is a copy of a chart that wa s 5 given to me. 6 Q. Refer to this please as Depositio n hibit 1 7 . Ex 8 (Whereupon, document above referr ed to 9 was marked as Exhibit 1 for 10 identification, as of this date.) 11 BY MR. DONAHUE: 12 Q. Who furnished this chart to you? 13 A. Mr. Kilbourne. 14 Q. It's entitled "Workers' Compensat ion 15 Appeals Board"; is that correct? 16 A. That's correct. 17 Q. Have you reviewed the material in this 18 chart? 19 A. Yes, I have. i f i 20 Q. on ormat n Have you any other 21 specifically relating to Mr. Sahli? 22 A. None. 23 Q. Is the material in this Exhibit 1 24 contained in chronological order beginning with 25 the most remote on the top and going to the most ESQUIRE REPORTING COMPANY INC.

1 BORDOW 6 2 recent at the bottom, if you reca ll? 3 A. I believe it is. The most recent is in 4 the front . D id you say the most recent in the 5 fron t? 6 Q. Actually I said it the other way around. 7 A. I think the top is his final hospital 8 stay in w hich he expired. 9 Q. Upon completion of your review of this 10 material, have you furnished to Mr. Kilbourn e any 11 sort of a written report? 12 A. No, I haven't. 13 Q. Have you furnished to Mr. Kilbourne any 14 sort of a n oral report? 15 A. No, I have not. 16 Q. Have you discussed Mr. Sahli's 17 materials with Mr. Kilbourne? 18 A. Briefly, but not with the advantage of 19 having looked through the chart. 20 Q. When did that brief conversation take 21 place, please? 22 A. Last Wednesday. p v ~ 23 Q. This of course is Monday, the 6th of 4 to 24 O b t o t? N c o er; c rrec o 25 A. Yes. So it would be October 1st or so. ESQUIRE REPORTING COMPANY INC.

1 BORDOW 7 2 Q. When did you recei ve the medical 3 records from Mr. Kilbourne? 4 A. That same day. 5 Q. On Wednesday, the 1st? 6 A. Wednesday, the 1st. 7 Q. Obviously you reviewed them at some 8 point between then and today? 9 A. Yes, I have. 10 Q. Have you reviewed any other materials 11 concerning Mr. Sahli other than these medical 12 records? 13 A. No, I haven' t. 14 Q. You have not reviewed any depositions 15 or any pleadings? 16 A. No. 17 Q. Have you had any discussions with Mr. 18 Kil bour ne conce rning the contents of any 19 dep osit ions or any pleadings? 20 A. Perhaps on a global scale, that there 21 were people that were deposed, but I really 22 haven't any information regarding the contents of 23 d ositio ep ns. 24 Q. Did you make any notations of any 25 conversations that you had with Mr. Kilbourne ESQUIRE REPORTING COMPANY INC.

1 BORDOW 8 2 concerning people who may have been deposed? 3 A. No, I haven't. 4 Q. As you sit here today, have you any 5 recollection of the names of any of the people who 6 were deposed in this case? 7 A. No, I don't. 8 Q. Have you any recollection of the 9 subject matter of any of those depositions? 10 A. Just that there were family members 11 deposed. One of them was more belligerent than 12 others. That wa s the only recollection that I 13 h ave. 14 Q. Docto r, do you recall having testified, 15 do you not, approximately a year ago by a 16 deposition in a case called Galbraith versus R.J. ? ld 17 s Reyno 18 A. Yes. 19 Q. Did that deposition take place here in 20 this room? 21 A. Yes. 22 Q. And since that time, have you published 23 any articles in any periodicals? 24 A. No, I haven't. 25 Q. Have you a current curriculum vitae? ESQUIRE REPORTING COMPANY INC.

1 BORDOW 9 2 A. Yes. I'll get that for you at a break. 3 Q. Since October of 1985, would you 4 summarize for us, please, your professional i 5 ence. exper 6 Have you been consistently a practicing 7 physician, or have you engaged in any research 8 k? wor 9 A. I have engaged in research work. I am 10 a practicing critical care and pulmonary doctor in 11 the East Bay. 12 Q. Would you describe for us the resear ch 13 work you engaged in in the past year? 14 A. The research work was done for a 15 pharmaceutical company determining the activity 16 and safety of a third-generation syphilis born in -- 17 patients with chronic lung disease. 18 Q. I believe you testified you have not 19 published since -- 20 A. I have not published. I'm not sure 21 when this will come out for publication. 22 Q. Since October of last year, have you 23 participated in any epidemiological study? 24 A. No, I haven't. 25 Q. Since October of last year, have you ESQUIRE REPORTING COMPANY INC.

1 BORDOW 10 2 participated in any toxicology or animal studies? 3 A. No, I haven't. 4 Q. Since October of last year, have you 5 participated in the drafting of any Surge on 6 General's reports? 7 A. No, I haven't. 8 Q. Did you participate in any fashion in 9 the drafting or preparation of the 1985 Surgeon 10 General's report? 11 A. No, I didn't. 12 Q. And I take it you are not now 13 participating nor have you been in the drafting of 14 the 1986 Surg eon General's report; is that correct? 15 A. Th at's correct. 16 Q. Wi th reference, doctor, to your prior 17 participation in drafting Surgeon General's 18 reports, you were asked a number of questions by 19 Mr. Weber in that area. 20 Do ou recall those? y 21 A. No. 22 Q. My understanding is that incident to 23 the preparation or your involve ment in the 24 preparation of those reports, you would have 25 reviewed and compiled existing literature; correct? ESQUIRE REPORTING COMPANY INC.