Tobacco Documents Online

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 .,..+- e..nn*1t, rI A rAf haar }1AVP it in w 25 1 front of me before I quote it. BORDOW 378 has not been, to your knowledge, furnished copies of those additional slides? A. I don't think that pathologist has. I think another pathologist in the laboratory was provided with the slides. I don't know if there were additional slides cut by her. Q. Who was that, please? A. Dr. Woodruff. Q. And Dr. Woodruf f' s f irst name? A. Kay. Q. Dr. Kay Woodruff? A. Yes. Q. Have you discussed those slides with Dr. Woodruff? A. No, not in detail. I think she just sent me a note on her findings. Q. Do you have the note with you? A. No, I don't. Q. Do you have them available? A. I could probably get them. Q. Perhaps at a break. Have you a recollection of what the note said? (n 0 4 ~ ~ (_D 0) 0 0 ABA REPORTERS, INC. (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRICE 376 EDWARD C. McLEAN, JR., Attorney at Law, appeared as counsel on behalf of the def endant, American Tobacco Company. HYDE & FORSBLAD, 185 0 Mount Diablo Boulevard, Suite 310, Walnut Cr eek, California 94596, represented by PATRICK M . HYDE, Attorney at Law, appeared as counsel on beh alf of the defendant, American Brands. McCUTCHEN, DOYLE, BR OWN & ENERSEN, Three Embarcadero Center, San F rancisco, California 94111, represented b y DOROTHY A. STREUTKER, Attorney at Law, app eared as counsel on behalf of the defendant, GAF. 0 0 v r .AtD ~ tn 00 4% ' ABA REPORTERS, INC. (415 ) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRICE 375 A P P E A R A N C E S LAW OFFICES OF GEORG E KILBOURNE, 3755 Alhambra Avenue, Martinez, Cali fornia 94553, represented by GEORGE KILBOURNE , Attorney at Law, appeared as counsel on behalf o f the plaintiff. WOMBLE, CARLYLE, SAN DRIDGE & RICE, 2400 Wachovia Building, Drawer 84, W inston-Salem, North Carolina 27102, represented by DANIEL W. DONAHUE, Attorney at Law, appeared as co unsel on behalf of the defendant, R. J. Reynolds T obacco Company. HOWARD, RICE, NEMERO VSKI, CANADY, ROBERTSON & FALK, Three Embarca dero Center, Suite 700, San Francisco, California 94111, represented by MARTIN R. GLICK, Attorney at Law, appeared as counsel on behalf of the defend ant, R. J. Reynolds Tobacco Company. PILLSBURY, MADISON & SUTRO, 225 Bush Street, San Francisco, Californ ia 94120, represented by WILLIAM ROBERT B UXTON and JOHN NYHAN, Attorneys at Law, appear ed as counsel on behalf of the defendant, Am eric an Tobacco Company. N 0 ~ ~ CHADBOURNE & PARKE, 30 Rockefeller ~ tD Plaza, New York, New York 10112 UI , represented by J I ABA REPORTERS, INC. (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BORDOW 377 RICHARD BORDOW, M. D., called as a witness, having been previously sworn by the Notary Public, was examined and testified further as follows: EXAMINATION BY MR. DONAHUE MR. DONAHUE: Q. Doctor, you are aware that you remain under oath from the previous deposition session? A. I guess. Q. Are you aware that since the previous deposition session additional tissue slides have been made of lung tissue taken from Mr. Sahli? A. No, I'm not aware of that. Q. You, then, have not, obviously, seen the additional slides? A. No. Q. You recall the testimony during the course of the last deposition relative to the conversation that took place between yourself and your pathologist here, during which your pathologist advised that, before he could give a definitive opinion on the slides he was examining, he would like to do more work; do you recall that? A. That's correct. Q. I take it then that that pathologist ABA REPORTERS, INC. 1 (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BORDOW 379 Q. And it wou ld take you a half an hour to locate it? A. I have to send up to the laboratory. I could just tell my se cretary. if you want to hold up, I could get thing s rolling. Actually, I did have it in the pile, but my pile has been destroyed. Q. Distorted? A. Destroyed by your copier, and•I can't find anything anymore . (Break tak en) MR. DONAHU E: Q. Doctor, realizing that you don't yet ha ve that you don't have the pathology report from Dr. Woodruff? A. I've got i t now. MR. DONAHU E: May we identify that as Deposition Exhibit No . 4, please. (Whereupon , document above referred to was marked as De fendants' Exhibit 4 for identification, as of this date.) MR. DONAHU E: Q. Doctor, while we wait o for copies of the pat v hology report of Dr. Kay ~ c0 Woodruff to be made, let me ask you, neve you read p that report? r ABA REPORTERS, INC. (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BORDOW 380 A. Yes. Q. You have n ot reviewe d the tissue slides yourself; is that cor rect? A. Not with D r. Woodruf f, but I have previously, as I m ent ioned to y ou. Q. I'm talkin g about th e new tissue slides. A. No, I wasn 't aware t hat she had recut i t. Q. Doctor, it appears f rom reviewing Exhibit No. 4, Dr. Wo odruff rep orts that she prepared two slides f rom a tiss ue block which she labeled 80-L-875 A an d B; is th at correct? A. Well, she doesn't sa y that she cut two slides. She says she cut slide s from two blocks. Q. And prepar ed tissue sides? A. I don' t kn ow how man y sl ides she prepared. She could have prepa red 10 slides, as far as I know, or no slides. Q. She indica tes in the next page that two slides for H & E stai ning were obtained for each block correct? M , 0 v ~ A. That's cor rect. A (0 0) Q. In additio n, special stains for mucin 0 N were obtained on the B block as well as a control; ABA REPORTERS, INC. (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BORDOW 388 Q. Have you an opinion, Doctor, as to whether or not Mr. Sahli's rela tive risk of developing pulmonary carcinoma was increased as a result of his being exposed to asbestos fibers? ' A. I believe that if hi s level of exposure was as intense as it was relate d to me, that it probably did play a role in his carcinoma of the 1 ung . Q. That's a little bit different than the question I asked, Doctor. The question I asked was: Do you have an opinion as to whether Mr. Sahli's relative risk of develo ping pulmonary carcinoma was increased as a re sult of his asbestos exposure, and your ans wer may have been to that question. A. Yes. Q. You have an opinion? A. I have an opinion. Q. And that opinion is? A. That, given his expo sure was an intense exposure, that it did play a ro le in his lung cancer. N 0 v ~ Q. Now, you described'h is exposure as ~ to 1 intense. Is that based upon th m e representations r 0 ABA REPORTERS, INC. (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A. I'm unaware BO of RDOW 387 any. Q. Dr. Bordow, du ring the course of the last deposition, I asked you a series of questions relative to the extent of your knowledge of Mr. Sahl i' s asbestos exposure . Do you recall, generally, those question s? A. It's been a wh ile. I'm not sure. Q. The transcript will speak for itself, obviously, but my recollection of those answers was that you had h ad a conversation with Mr. Kilbourne, during the course of which conversation Mr. Kilbourne gave to you some of Mr. Sahli's occupational history as it related to occupation exposure to asbestos; is that correct? A. That' s correct. Q. Further, you had rev iewed cer ta in of Mr. Sahli's medical records, correct? A. That' s correct. Q. Since that last deposition, Doctor, have you obtained any further information concerning the nature and extent of Mr. Sahli's tn 0 4 exposure to asbestos fibers? I. ~ ca A. No. m 0 ta ABA REPORTERS, INC. (415) 974-5994

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BORDOW 389 made to you by Mr. Kilbourne, which we discussed during the course of the last d e position? A Yes . . Q. You have not had any conversations with Mr. Sahli's co-workers, nor hav e you read any other depositions; is that corr ec t? A. The only thing I hav e read is the chart and that also was r eturned to m e without any of my notes . Q. By "note s," are you ta lking about the yellow stickers? A. Yes. Q. That was identified du ring the course of your first deposition? A. That's correct. Q. You are aware of studies, sometimes referred to as synergy studies, epidemiologic in nature, that have been conducted on the issue of whether joint exposure to asbes to s fibe rs and cigarette smoking can lea d to i nc reased risk of cell lung cancer , correct ? 0 That is correc A t. o . v r Q. For example there was a stu dy put out 4 , cn by the Annals of the New York A ca demy of Science, rn ~ ABA REPORTERS, INC. (415) 974-5994

1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BORDOW 390 Doctor, by Hammond and Selikoff et al., correct? A. Yes. Q. That study concluded , based upon a review of the cohort of workers occupationally exposed to asbestos fibers but who were not smokers, that their relative ri sk of developing lung cancer as a result of that occupational exposure was 5.17, correct? A. That sounds correct. Q. When the cohort of p eople who were neither exposed to asbestos fib ers, nor were smokers, was assigned a relativ e risk of 1; is that correct? A. That's correct. Q. And I believe you ar e generally aware, are you not, of the quantity of asbestos exposure of that cohort of asbestos-expo sed workers, correct? A. That' s correct. Q. If I recall correctl y -- and again, the deposition will speak for itsel f -- you characterized that as heavy or very heavy exposure UI 0 V ~ on the part of those insulator workers, correct? aa t0 A. That's correct. ~ r N ABA REPORTERS, INC. (415) 974-5994