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Michael A. Cardozo, Esq. -7- November 9, 1989 4. The 1980 Data Tane The 1980 study data tape fails to provide an explanation of the •&" marking that appears in death code entries without corresponding definition in the code book. We want to avoid unnecessary proceedings concerning Mt. Sinai's compliance with the subpoenas. Toward this end, please supply us with the above-referenced items by November 17, 1989. In any event, please advise us in writing by November 17, 1989, if your clients are either unable or unwilling to produce any of the requested documents or information. If you feel we are somehow in error in our assessment, and that any of this.information has been supplied in one form or another, we would be happy to meet with you and representatives of Mt. Sinai to discuss this matter. We are continuing to review the information produced on September 18. Shouldy any further deficiencies in the production be discovered, we will contact you at our earliest opportunity. We hope we can resolve these issues without further court proceedings. Sincerely yours, Donald I Strauber Ey tlM cc: David R. Davies, Esq. - By Hand Howard G. Kristol, Esq. - By Hand I

0 TV Michael A. Cardozo, Esq. -5- November 9, 1989 COLUMNS 160-172 173,174 EXPLANATION Place of death (1970 Geographical Code) 160,161 - State 162-164 - County 165-167 - City (village and town identities may be redacted pursuant to the Court's order) 168 - Population size 169-171 - Standard metropolitan stat•istical area 172 - Metropolitan - Nonmetropolitan county Underlying cause of death, Connie Percy's coder's 8th Rev. ICD code in Columns 181-184 recoded to ACS code Second Cause in Columns 184-188 recoded to ACS code Third cause in Columns 189-192 recoded to ACS code Age at death on death certificate if there is no date of birth Underlying cause of death, 8th Rev. ICD - Connie Percy's coder Second cause of death, 8th Rev. ICD - Connie Percy's code Third cause of death, 8th Rev. ICD - Connie Percy's code In addition, the data tapes produced contain information for which no documentation or explanation has been provided. This includes the following: 1Z 4

r{ Michael A. Cardozo, Esq. COLUMNS -6- November 9, 1989 DATA CODE ENTRIES WITHOUT PROPER 6191419)0210Y: 7 7,S 22 & 23 24-25 38 46-49 50-51 54-55 61-62 65-67 71 6 DrLQ~ ;198:le1: 3. The Control Group for the 1979 Study The materials produced do not contain any information regarding the control group for the 1979 study which was assembled from the ACS-25 State Study. This includes: (1) coding forms (2) copies of protocol documents for this cohort and any addenda thereto, including but not limited to determinations of inclusion or exclusion from the control cohort (3) documentation showing the calculations, analytical methods and assumptions used in developing the information with respect to this group (4) any computer tapes for the 1979 study which contain information on this control group. I

Michael A. Cardozo, Esq. -4- November 9, 1989 COLUMNS EXPLANATION 111,112 ACS code for Connie Percy's handling of inesothelioma deaths, January 1979 through 1976 deaths 113,114 ACS code for Dr..Selikoff's death certificate in Cols. 132, 133 through 1976 deaths 115,116 ACS code for Dr. Selikoff's reviewed cause of death in Cols. 145,146 through 1976 deaths 117-119 Local at death through 1979 120-123 Month and year of birth on death certificate 132-133 Dr. Selikoff's "informed" physician death certificate cause per his code 142 Basis of reviewed cause of death 143 Cancer not the underlying cause of death but noted as cause of death 144 Asbestosis not the death certificate cause of death but noted on the death certificate 145,146 Dr. Selikoff's reviewed cause of death per his code 147-159 Residence at death (1970 Geographical Code) 147,148 - State 149-151 - County 152-154 - City (village and town identities may be redacted pursuant to the Court's order) 155 - Population size 156-158 - Standard metropolitan statistical area 159 - Metropolitan - Nonmetropolitan county

Michael A. Cardozo, Esq. -3- November 9, 1989 which was gathered pursuant to the 1979 study, relating to matters occurring prior to January 1, 1977, was omitted from this tape. This information is referenced in the coding form for tape AT15.* For clarity, the missing data is referenced as it appears in the AT15 coding information sheet received: COLUMNS EXPLANATION 76 Conference code at entry into the study 77-80 Death records case number 81 Conference code at death 82-84 Local number at death (if different from union registration number) 85-88 Month and year of death through 1976 89-90 92-95 "Underlying cause of death as ascertained by IJS through 1976 deaths. Mesothelioma and lung cancer through 1979" "Decimal date of death or last follow-up (two decimals through 1979)" 96-99 "Number of years of follow-up (two decimals) through 1979" 103,104 Age of death (or last information) through 1979 105,106 Number of years from first exposure to last information through 1979 109,110 Cause of death per coding of death certificate through 1976 deaths * Although the coding information for this tape refers to "AT15 follow-up through December 1983", we are not seeking information gathered subsequent to January 1, 1977. The information we are seeking is contained in Columns 1-192. Information regarding study participants status subsequent to January 1, 1977 is contained in Columns 193-250. 1

CHADHOLTR:: E & PARK 30 RotKtrtLLta PL42A Ntw YORR, N. Y. s0ij= .r...u ~..ue November 9, 1989 Michael A. Cardozo, Esq. Proskauer Rose Goetz & Mendelsohn 300 Park Avenue New York, New York 10022 W.'.~•0. ~ C CMOC UH I~F~O% "u q.C. M.CM NNC"nP yq MaNC. Ipp'• ~~C.N~OC C 911uItM•C. -C !' 0G1'.00C W MCC+"d. Cl.•R• 0.• Me+P ' MCN9 OC! • n.1srrt....3 . $.ro.oe fMMWMC ..... C ... i ."MC~COAM ..C •C. 1N~/C ~ ...6. ~.., ~ ~...... ti'.C.1 0'.CC•...pt• (212) 554-5401 Re: Application of The American Tobacco Comoanv Dear Mike: We have conducted a preliminary review of the data tapes, the "1980 Supporting Documentation" and the "1979 Supporting Documentation" produced by Mt. Sinai on September 18, 1989. Based upon this review, it is our conclusion that much of the information and documentation required to be provided pursuant to the subpoenas either has not been completely produced or has not been produced at all. The purpose of this letter is to set forth our present understanding of what information was called for by the subpoenas but not provided. As you are no doubt aware, our subpoenas sought the following documents: 1. "The computer tape(s) for the 1979 study containing all information gathered, or that relates to matters occurring, prior to January 1, 1977.

Michael A. Cardozo, Esq. -2- November 9, 1989 2. The computer tape(s) for the 1980 study containing all information gathered, or that relates to matters occurring, prior to January 1, 1978. 3. The supporting documentation for the 1979 and 1980 studies." The Court's order requiring production allowed redaction of "the names of the subjects . . . their street addresses, town or village of residence, names of employers, social security numbers and union registration numbers ... ." It further required that "Mount Sinai and ACS shall provide the county of residence of the subjects." Based on our preliminary review of the documents and tapes that have been produced, we believe that substantial information encompassed by the Court's directive was not produced. This information includes the following: 1. Supporting Documentation for the 1979 and 1980 Studies The following categories of supporting documentation for the 1979 and 1980 studies were requested by the subpoena but were not produced: (1) The questionnaire(s) used to gather information for the 1980 study. (2) A blank copy of the coding forms used in transferring information onto the computer tapes for the 1979 and 1980 studies. (3) A copy of the protocol documents for the 1979 and 1980 studies and any addenda thereto. (4) Documents showing the calculations and the analytical methods and assumptions used in developing the information with respect to the 1979 and 1980 studies. 2. The 1979 Data Taces we received coding information corresponding to several tapes upon which study information was entered. The tape produced (AT1276) apparently was assembled on December 21, 1988, and contained some of the information addressed in the 1979 study article. Additional information Cn U V V P.