Appendix Record — Kidd v. Merck & Co. (No. 135)

a 10a

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Answer:

OLS Lise ase from) aay plasma warali wctured Dy Laue deene

rat Defendant would burthe 4 show Uhat is without intor-

MaetON, O} knowledg a stifcient to for a belie! ‘as to the

truth of all the other #llegations contained in Par, agraph 7 i

al the comp Laine and tor this reason all ol the remaining al-

logations are denied: i | .

8. De fendant denies the llegittions ot Paragr: aph 8 ol

thse complaint, ' ‘ . ae" .

0. De feridant denies the alleggtions Contained in Para-

graph 9 of the compl Aint, Defendant would show that there

were no’ Warranties and that there was ho privity oF congract

between the plainull and the defendant.

10, Detendant denies the allegations contained in Para- .

-graph LO of the complaint.

9 | ‘ Defendant denics the allegations contained in Para-

graph ii of the complaint, a =

\li othe allege ttions ef the complaint not herein demied,

-ynodified or explained, are here and now denied as fully and

‘comple: rely ay it specifically denied.

\nd now having tubly answered said compl: aint. defendant

bees to be hence dismissed Trom ad] liability in the premises

with its reasonable costs. 7... ‘

. JOSE PH A. Me \E EF, ee

oe ates “Attorney for Deiendant,

| | 312 Park National Bank Blde..

Knoxville, Pennessee.

()} Counsel:

LG FRTON, Mc \PER, ARMISTE AD & DAVIS.

2. Park National Bank Buik hing,

Rnoxville b NIESsee.

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“Answer : ne

I hereby certify that | have this day mailed a copy ot the

lorcgoing answeg to Frank N. Marsh and: PooreGox- Baker &

MK Aulcy, attorneys for plaintiff, this the Oth day af Marche,

1955. ° ; |

JOSEPHA McABBEL

Attorney tor Defendant.

ORDER: ALLOWING SUBSTITUTION OF

: COMPLAINT

¥ (Filed November 14, 1955). . ie

Lo pou ap »plic ation of the plaintiff ‘ond by agreement of

the partres i 1s ordered that the complaimt he retotore filed

in this cause be withdrawn and. that the plaintdtt may sub- y

situte in Heu thereof his “Amerided Complaint.

‘Atois further orddred- that the Answer ol the defendant -

heretolore filed to the complains will stand filed as an an-

siver tO the Amenile: 41 Complaint,

: _ ENTE R: Robert L. ‘LPaylor,! Judge.

AP Re Pose,” ie

Frank H. Warsh, Jr.

Attorney for Plainull.

ba sau . McAfee, :

Attorney for Delendant.

AMENDED COMPLAINT

‘ (Filed, November 14, 1955)

° ~

Gomes the plaintiff, Floyd E. Kidd, and sues the defend-

amt. Merck &-Company. Inc.. fer damages in the sum of

$50.006.00, and for his cause of action, says:- :

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Amended Complaint

"4. Plamiitf is a ciuzen and resident of the State of ‘Pen-

nessee, resuling in Knox County, and the defendant is 4

foreign corporation organized and existing under the daws

of the State of New Jersey. [tis qualified to do and is doing

business in the State of Tennessee. and its agent for the ser.

vice ot process in the State of Pennessce ty the Corporation

Company, Hamilon National Bank Building, Knoxville,

Pennessee. Phe matter in controversy exceeds the sum o!

$3.000:00, exclusive of interest and*costs. “he jurisdiction

of this Court depends upon the diversity of citizenship be-

tween the parties, and the amount in gpntroversy.

2 “The defendanty Merck & Company, Inc., through one

of its divisions known as Sharp & Dohme, among its many’

other activities. collects hunijan blood trom professional

donors, processes it in various lorms, places iton the markct

and, sells it forea profit through the various channels of the

‘trade. ‘Among its many customers.throughout the word ts

the Sisters of Mercy of Nashville, “Tennessee, Inc., doing

business as Si. Mary's Memorial Hospital, located in. Knox-

ville, Tennessee. One of the detendant’s products bears the

trade naure “ “Lyovac’ Normal Human Plasma (Irradiated)’,

and the defendant processes, packages and sells the same in

interstate commerce and within the State of ‘Tennessee to

be administered! natravenously to injured persons as a substi:

cute for whole blood, especially in cases of shock and: hem-

_orrhage, for the purpose of restoration and maintenance of

body proteins, ancl for the purpose of re- -establishing blood

volume following hemorrhage.

5. ‘The said plasma is supplied by the defendant manu-

facturer in a sealed package containing one bottle, with a

vacuum-tight closure, of pooled or iginal plasma in dry form .

which is restored to full volume prior to administration by

adding an equal amount of diluent (citric acid solution) con-

tained in an accompanying bottle, both bottles being equip-

and SOTCLIMES ¢

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Amended C omplainit

ped with outer aluminum closures, ane eboth being pack Lg-

ed together in the sealed package referred to.

f° On or about March &. 1954, the plainutl was ad-

mitted as a patient to St. Mary's Meynorial Hospit. tl. suffer-

ing from the loss Gf blood due-to'a leg wound, and tor the

atoresaid purposes v was adininistered mitravencusly by ages

and emplovecs -ol said hospital ~“Lyovec Normal Human

Plasma (Prradiated)”. which had been processed, packaged

and sold tor the aforesaid purposes by the detendant to St.

Mary's Memorial Hospital and in turn sold for those pur-

poses by St. Mary's Memorial Hospital to the planntitt.

5. Whe said: plasma thus manulac tured and distributed

by: the de fendant contfined a filthy, inherently dangerous

adly substance knowiy as scrum hepatitis

SH) virus at the tye it wes placed uportt the market by the

deterdant and thus 4dministered to the plainulf.

6. About two iNonths after being administered said

plasnya, and as the direct result thereol, the plainutl de-

veloped’ a very serious liver disease known as yellow jaun-

dice, transfusion jaundice or serum hepatitis. ~The disease

was. caused by the presence ol the said SH virus in the said

plasma. Asa resuli thereof the plainuff suffered. much pain,

nausea, and discomfort. was bedtast for a long period of

time, and was required to incur substantial medical and

hospital bills in an effort to be c ured of the disease. He lost

substantial sums of money by reason of. his inability: to:

work, and he charges that lais Capacity for work and labor

arid for the enjoyment of lite has been permanently im-

“paired. Many Iniportant functions of the liver have been: >

greatly impaired and the liver reserve depleted. Het is sub-

ject to recurrences of the dlisease.i In ACUIC STages accompanied

by further pain, anxiety, nausea, and monetary losses. “Phe

original disease, as well as relapses, ‘often results in death.

Th e plaintiff ‘is laced with this ever present possi bilits

bad .

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Amended C omplaint

throughout his uncertain future, and ag\ane sult thereot | he

suffers constant tear anc apprehe nsion. :

7. In marketing said. piesma as aforesaid the defendant

was guilty of negligence which broximately resulted in the

plaintill’s contraction of said liver disease with the said losses

and damages resulting to him, and in inarketing said plasima

the defendant violated the following sections of the Supple

ment to the C ode of Tennessee, the same being a part of the

“Fennessee Food, Drug and Cosmetia Act: fe. ay.

“6580.3. Prohibited Acts. ‘The follow ties acts and

the caus? ww thereol within ae State of Tennessee are

prohibited: 1

‘a) ‘Vhe manatacture, sale. or aelivery, holding or

offering for sale of any food, ‘drug, device, or cosmenic

that is ‘adulterated or ciikeeaek eee.

“6580.5 | Violations made misdemeanor. _,

(a. . Any person who violates any .of the provisions 0!

section 6580.3 shall be guilty of a misdemeanor and

shall on conviction thereof be subject to lanprison-

ment for not more than thirty (30) days ora fine of not

“mere than fifty ($50.00) ¢ tollars, or both such imprisén-

“ment and fine; * * *

“6580.15. .Drugs or Devices net Adulterated. *

A drug or device shall be de emed to be adulterated:

“¢ay (1) Tf it consists in whole’ or in‘part of any filthy

putrid, or decomposed: substance; * Coe

4

Plaintiff therefore avers that a cause .of action has ac-

crued to hiin, and hence he sues the defendant for the afore:

said sum of $50,000.00, and demands a jury to try the cause

: FRANK _H. MARSH. JR.,

or es Attorney for Plaintiff,

. — Hamilton National Bank Bldg.,

Knoxville. ‘Tennessee.

POORE, COX, BAKER & McAULEY,

301 Fidelity Bankers ‘Tryst Bldg.,

Knoxville, (Pennessee, | 7 }

Of Gounsel. | ]

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TRANSCRIPT OF TESTIMONY

1) APPEARANCES: ;

For the Plamuilt:

POORE, COX. BAKER © McAUL rk ¥

Ben E."McAuley, Esq. .

FRANK H. MARSH, jR., Esq

For the Defendant:

EGERTON, McAtEE. ARMIS PEKAD % DAVIS

Joseph A. MeAlee., me

HAYWARD H. COBU

Philadelphia, peau,

I his cause came on to be he ard before the Honorable

Robert L. T aylor, Judge, of the United States District Court -

‘for the Eastern Distict of Pennessee. Northern Division, at

Knoxville, Pennessee, and a jury, on November 15, 1955..

én succeeding days, when hie lollow! ng Proceedings were

.

THE CLERK: Floyd E. Kidd. iinet. versus Merck

\ Company, defendant.

“THE COURT: Are the @frues ready?

VIR. McAULEY: We have one witness under subpoena

who is not here, but L assume he will be here. 6s ae

MR. McAFEE: - The defendant is ready, your Honor.

(2) Tf your. Hanor please. you have heard of Phila

delphia lawyers, what fine lawyers they are. “This 1s my first

i aaiscavon of having a fine Philadelphia lawyer with me.

thave Mr. Hay ward. H. Cobur n here who would like to par-

ticipate in this case.

THE COURT: We are glad to have him.

VIR. McAFEE: -One other thing, your,Honor. We have

My. Barclay: who is the director of the biological pri duction

ot Merck & Company, Sharp-Dohme Division, which we de-

sie to remain in the courtroom as.a representative of the.

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defendant:

P) } : loa ; oa, ae ‘

: . Proce edings ry

MR. McAULEY: No objection, your }Tonor.

THECOURT:. Allright. Call the jury.

(Whereupon, the jury was » qualified, selected and impan-

cled.) 3 . ;

ww hereupon. the witnesses were sworn aad the rule hav-

ing been reque&ed were exc used from the courtroom.)

JHE COURT: Allright. Now, Mr. McXuley, you may

make your explani ALOry statement qn behalf of the plaintiff,

MR. McAULEY: Very well, your Honer. Ladies arid

gentlemen @f the jury, F believe we have. for the most part

already acquainted you with the nature of this action, but

a litthe more detail might be see sii

(3) > Mr. Kidd.on ‘March 8, 1954 — he, in identally, ASL.

building and painting contractor and he was working ona

house he was building for sale. He had an-electric power -

saw there and it jumped, bucked, or did something, but it

cut his right leg ACYOSS the top His wite was across the

street and his son was on the job with him, and so they car-

ried him’ in the autemobile to the St. Mary's Hospital where

he’ walked into the hospital arid was urere admitted -and

while there in the ‘receiving ward was given certain inyec-

tions, tetanus and various other shots that they give you in

a -hospiti i, including. an injection or transfusion of this

bios: plasma.

Now, it might be ii.order to say that blood plasma is cis-

tinguishgd {rom whole blood. We all know what trans:

fusions are and we have heard of plasma but we may cor

fuse the two. [know I did until I got interested in this case.

_ Blood plasma.is prepared by collecting into a pool from a

number of donors — I believe Merck & Company used 125

donors. ‘That blood is all put together in one pool and is

processed and reduced to powder form and 1s irradiated

with ultraviolet light and put into .a bottie with a sealed

aluminum inclosiire in a powder form, and accompanied by

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Pa er ere ee,

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Proceedings —

another bottle of solution, and these two bottles in the pack-

age are placed on the market.

When it is ready for use the bottle containing (4) the

diluent is put on top of the bottle containing the plasma by

way of a needle and it is mixed together and shaken up and -

a plastic tube connected with the end of the restored plasma

~ hung'on a rack, and ordinarily a needle inserted in the other

‘end of this tube and 1 insep ted in the patient s arm and it dri ips

into the patient Ss veIDs. ; ‘

In this partic ular case that transpired. Doctor Gunn, and

he is now in Louisville, Kentucky, at the veterans facility,

and we have his deposition, here... He testified that, that pro-~—

_cess was carried out and “that it was “the Sharp & S & Dohme’ S

plasma, or the Sharp & Dohme Division of Merck & :.Com-

pany, and that this ‘ore was administered as | have indi-

cated. Tae

Noid: there are two kinds of hepatitis. One is eben

hepatius which can be ‘contracted by contaminated food, «

the hands of people, or-from. water, and that sort of sea

<The other is serum hepatitis which can come only from

blood or blood prasina | or products of human blood intro-

- dite ed-into the blood stream of the victnn.

Now, there is a difference’! in the incubation period of the

two types of hepatitis. Infectious hepatitis ‘has a shorter in-

culyation period. I pelieve from 12 to 28 days, something

like that. “he serum hepatitis, the kind that Mr. Kidd suf.

: fers fr om has an incudation period of a (5) longer period of

time, Sixty to perhaps as much as | 20 ey and even longer

in some casts.

Now, Mr. Kidd received this plasma on March 8, 1954,

and in May he got along very w ell, even went home and was

up and about and felt strong following the leg injury, and

in May, on May 25; he was readmitted to the hospital with

this liver ailment. He had been suffering from that condi-

tien for some. two weeks before he was admitted. .

.

“days ant then sent home, and that way in May, ub your

“wasrthen in bed fer about three mgtiths and he worried

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Proceedings

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he came down With ita lite over 60 days alter being

given the plasma, and that as the criteria, that ts thie way the

medical profession determines whic ther its infectious heps

titis or serum hepatitis, and Docter Acker’s deposition .

here and he se diagnosed this particular case. ,

Mr. Kidd's liver became swollen and it was distended. He

was nauseated and he was tired and siuggish and in quite

severe pain. He was treated at the hospital tor about tivt

member. And it was sorte tine in, | believe, September, art

along with 3t until some time ip \pril- of “this year, 1955,

when he began to resume a little acuivity 1 his building o and

painting work. ’ : ,

And then in August he had a “flare- up and his liver (0) be-*

came sore and tender again, and now since he contracted |

that disease has he am able to limb ladders oy carry on

the other usual activities that would be associated with phe,

building and pajnting trade. |

He has suffered losses by way of lost timc: lre has incurred

certain medical bills, and he says he wil! cénun uc to sulle -

these things and will continue to have these losses for the

rest of his life, his condition being, more or less chronic and-

subject to flaring up tre yn time to time the rest of his lite,

and it is for Urose duis that he brought this suit against the

manufacturer of the plasma charging a violation of the fen:

nessee Act in that that plasma contained that virus which IS

within the meaning of the Act.filthy and therefore adul

teratede ) . :

THE COURT: Mi. McAuley. is it the contention 0!

the #plamull- that the manutacturer violated the Act be

cause this blood plasma was allegedly filthy?

MR. McAULEY: We say. yvour- Honor, that at contall:,

eda virus and that in and of itself is the violation of tlie

1Ga

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\ct. mn the plasma not being tree of the-virts as theretore,

and tor that cxtert adulter. ted. ? | ;

“THE COURT: « Docs the Spans claim. that‘his case _

comes within the meaning of the: words “decomposed” ei

putrid’ - He does nop rely on chute words: ee ae

MR. McAULEY: * He: relies on’ the word “tilthy. ee gee

7) violation of the Act: : ; xiad

PHE COURT. “Relics alone on she word “hlth” as a -

‘violation of the Net. |

VIR. McAULEY:™~ Yes. sir. Not the avords “putrid ¢

“decomposed.”

THE COURT: All right, ae a

MRO MCAULEY= Actually, E believe the word 1s “filthy.”

IHE COURT: Fyitby.

MR. McAULEY: Yes, sir. |

I[HE COURT: That -is the detuition o} adubtecatinn.

You say an adulieration came about by reason -of filth: |

MR. McAULEY: Yes, sir. the presenee of this .par-

(ioular Virus. Now, we say if rt was one of the other health

viruses it would not be filthy, but when you have a ae?

hast-carrying It it would be a filthy substance. )

THE COU RV: Allright. Myr. Mc Afee or Mr. Coburn,

— will you make all Pexplanatory statement ter the defendant.

MIR. McAFEF: Hf the Court please, and ladies and

gentlemen of the jury, in these modern times we are making

oreal dea in medicine. - Probably one ot the greatest,

uselul and: benehicial medicines that has come on the marke

recently is blood plasma. | | |

di is used tor thie purpose “ot, relieving shock aad LO re-

plenish the blood. in your body. It came into great use (3)

during this past war when thousands ol literally upon

‘housands of transfusions were given soldier boys on the

battlefield where they had lost .a tremendous amount ot

blood, suffering from shock. :

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+ Soins

Now they couldn't hi we given a whole blood transfusion,

‘there because m_tbhe giving ‘ot whole blood, and bam port

ing this oui to show a distinction between whole blood trans

fusion and blood plasma — now in giving whole blood trans-

fusions you have got to match cach person's blood w ith the

blood of a donor, that is, match the blood of the donor to

the blood of the patient you are giving it-to, and it takes time.

and it takes tests to do this. we :

Now the advantage of blood plasma is s that 5 you don’ t “have

1®.go through with that. You can carry iwith ay right on

the spot and give it to the patient.

It has great use in the practice of medicine tor alleviating

suffering. and pain and saving lives today. But we admit,

notwithstanding ‘all of its great usefulness and benefits, it

may carry With it a risk and that is a risk that a person might:

contract a hepatitis virus from it.

.Now here ts-a point, and here is the reason why there is

no negligence involved here in this case. “There is-abso-

lutely no way — listen to tliis now — ‘there is no scientific

metkod or way that you car detert inine whether or not blood

contains this virus. It cannot be seen, it cannot (9) be de-

tected and it cannot be’ isolated — there is no method.

There is one other thing that this jury must remember

as this prool develops,, not Only that it cannot be seen, it

cannot be detected and cannot be isolated, but there is ab-

solutely no way that you can destroy the virus in the plasma

without destroying the plasma itself. ;

Here is another thing, ladies and gentlemen ol the jury,

blood plasma is not sold to the:public like aspirin tablets

and those medicines. Blood plasma, under the Federal law,

~ can only be sold and given under a doctor's prescription, and

the purpose of that is the’docior, himself, in each and every

case must weightthe risk when he gives plasma as to whether

or not the risk justifies. the giving of the. plasma.depending

— upon the seriousness of the patient 'S injuries.

2la

We ' Proceedings . r

Now, there are two kind of viruses — I mean hepatitis.

_ There is what is called an infectious hepatitis which you can

get from eating unsanitary food, water, taken through the

mouth. | eee | ke

“Then, they is seruin kepatitis. “There are a number of

ways which you can contract ‘this infectious hepatitis, and

‘serum hepatitis.- Phere are various and- sundry ways that

you can get that from blood plasma. You can_ €t it in other

ways — you can get it from-the use of ap un anitary needle.

* that is injected into your arm where that needle has been

. injected finto another person who had the (10) Virtis in his

blood. | |

People who have been tattooed can obtain and contract

this virus. Dope addicts who: cdntinually go into their arm

with needles. can ‘likewise contract serum, hepatitis + not

infectious but sérum hepatitis.. And there are many other,

causes which produce“it as we will prove during the course |

~— Ee Sh Lee ee

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of. this case. | 7 3

And we say that there will be no. proot here or not suffi-

cient proof that will positively, that will positively show that

this transfusion of this plasma was the cause of the plaintiff's

~~ ee a ee ete oe, eS ———_—«~ >) ee

__ trouble. : | 3 3

Now here is another-thing. ‘here is absolutely no différ-_,

__ ence between the virus that you get in infectious hepatitis

) than the virus that you get from serum hepatitis. It capt be

— told, there is no diffe cence. 3

We say that it is not a filthy substance within the meaning

of the’ Ténnessee Pure Food & Drug Act, and, ladies and

gentlemen, it has got to be a filthy substance within the

meaning of that Act, otherwise the plaintiff cannot prevail —

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in this lawsuit.

The Tennessée Pure Food & Drug Act provides this,

ladies and gentlemen:

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Proceedings

“The term ‘contaminated with filth’ applies to any food:

drug, device or cosmetic not securely protected from: dust.

dirt and, as far-as possible” — remember those (11) words

— “and, as far as possible frou all foreign or injurious sub-:

stances. oye

We say that even though it ‘coe ‘be possible for this

plaintifl to have contracted hepatitis from this plasma, still

itis not a filthy substance within the meaning of that, Act.

because we took every Pace to protect it from it.”

The truth, about the ‘matter is," that there is no “way

under the sun that you could ret it cut,

And we say, ladies and gentlemen. of the jury, that: all

of those will be our defenses iin this case. :

| MLR. McAU LEY: May I make one explanatory. state-

ment as to the statute: , es :

MR. McAFEF: Wait just a minute, I did want to

add thi8 — all right, that will be all.

MR. McAULEY: You.were reading the definition ot

contaminated with filth. Bhat is not a part of this law-

suit. ‘Phe charge in te complaint: “6580.3. . Prohibited

Acts. — ‘The following acts and causing thereof within

the State of ‘LPennessee are prohibited: ° ve

“(ay ‘The manufacture, sale, or delivery, holding or

offering for sale ol wny food, drug, device, or cosmetic that

is adulterated or inusbranded.”

We have covered what ituteecuticn meins.

“O580.15. Drugs or Devices Deemed Adulterated:

rh ye eed erm @ 3 eae se consists -in whole or in part o!

any filthy. putrid, or decomposed substance, * * *.”

‘That is what we rest our case on, ees

The next “get of this statute, which we are not con-

cerned with is: “Hit had been produced, prepared, packed

sor held under unsanitary conditions whereby it might he

‘contaminated with filth.”

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Proceedings

We are not after that part, but over here is the germ

contaminated with filth.” | 3 ;

THE COURT: “then, if I understand you, Mr. Mec-*

“Auley, plaintitl agrees that this plasma was manufactured |

under sanitary conditions? =

VIR. McAU LEY: We do, your Honor. |

THE COURT: All right. Call your first witness.»

7 “Floyd E. Kidd, 9

called as a witness by and on his own behalf,

after ,having been first duly sworn,’ was exam

ined and testified as follows: .

DIREC EXAMINATION

iy Mr. Me Auley: ae

% You are Mr. Floyd E. Kidd? *

A Yes, sir. <7

QO Where do you live, Mr. Kidd:

A 3814.Powers Street: 3

Q. What strect? > :

A Powers Street. ‘

(13) Q How old are you, sir ;

A Forty. ? :

) What is your occupation?

“A Tam a carpenter ‘and painter,

O How long have you followed that trade:

\ Fourteen years.

(.) Fourteen years:

\ Yes,-sir.

QO Mr. Kidd, on Mi uch 8, 1954, what wete you doing?

A Twas building a house on Carson Aven ue:

Q Here in Knoxville: | ;

Yes; si,

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Floyd E. Kidd — Direct

Was that — whose house was it?

It was for myself.

Building and seHing proposition?

Yes,-sir.” I was building to sell.

State whether or not you. sustained an accidental i In-

* 0 > 0

; jury om that job. »

: Yes, sir. I cut my leg’with x power saw.

With a power saw? - oo

- Fe. .

What’ time of day was that, if you ‘remember?

It was around 2 o'clock.

In the afternoon?

Yes, sir. Cie A, See

( 1) O° And, ‘now, following th: it accident, what did

you do, where did you go? |

\ Well,. 1 went to St. Mary's Hospital.

Q How did you get there?

A. My ‘wife and son took me in the automobile.

Q_ State-whether or not your leg was bandaged in, any

aay before you left. the building site. | ‘

A, My son‘had a shirt sleeve there and he tied that

around my leg above the wound over imy pants‘leg before

*l entered the receiving ward.

Q How did you get to the receaving ward froin the

Sig -OroOe

hospital? | :

A WelleI walked to the door. Of course, my son and

wile were holding me by the arm. — | | ,

‘O ‘They were along with you?

A Yes, sir, and then they tolled — that little chair out:

there and I.sat down in it and they pushed me on in

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the emergency room.

~Q- Were. you conscious?

\ ' Yes, sir, at all times.

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Floyd E. Kidd — Direct

(QQ While there in the receiving room ot emergency

room, will you describe what care was given your

A > Well, they gave me’some shots, maybe three or four,

ek then they, of course, cleaned the wound and later they

started the plasma. - . ;

(15) ° Q. Who started the pjasma, if you remember?

A. Well, there was Doctor Gunn and, of course, there

was another intern there. J didn’t remember his mame,

or the nurse either: ove. But there were some more in

there but later | got acquainted with Doctor Gunn and

IT knew he was the one that started the plasma. |

Q Where was the plasma started, there in the receiving

ward or. upstairs? rane

A In-the receiving ward.

~Q Hoy long did you stay im the receiving ward?.

A Well, I guess I stayed down there an hour, something

like az- hour and. a quarter.

<

Q Where did you go from the receiving wards”

A Went to the third floor to a reom.

Q A regular hospital room?:

A’ Yes, sir. :

Q How long were you there: *

A Well, they kept me there until around — well,

was dark. Maybe 6 or -6:30° an the afternoon; and they

took-me from there to the operating room, ‘which fF remem-

ber everything up until I entered the operating foom.

~ O ‘Vhat was’ about dark? ,

Av Yes, sir. . |

Q Were you given any anesthesia or put to sleep o1

dide you just lose consciousness?

Qi) Ee. They gave me a shot down in the room be-

fore they toak me to the operating room, and, of course,

I was getting dizzy all the time on the way up but, before

they entered the operating room why they put somet! ling

’

- 26a

Kloyd EB. Kidd — Direct se oe 2

over my mouth, o1 tice rather, and.that was about: the

Jast thing Eo remember. until I woke up in about three

heurs later a |

(y Back in your room:

\ Back. ine the room: yes, Sir

( How long.did you stay inf hospital. May. Kidd?

0 stayed nine days.

)- Atter you, were discharged, where. ‘did you gn?”

\ FT went home.

QO Li hat would aaa you’ home about what time, what

\ Well. I kale there— 4

) About:March 17 ov LS: , 5

\ Yes. sir, UE think that as about right.

Q Describe your progress, That is. from the leg injury,

how dad it gel along: , : .

\° Well. my leg did well. Tt healed ae i got to feeling.

good, pretty eood. And atter May Ist, around the middle

of May, I would say, [got to getting sick. IT just got so

Q Did yours ). ,. back co Work any after you got out of

herby Steal: the first time and before you went in the

lrospital a secend tme, did you do any’ work?

(17) A. Yes, sir,-2 little bit; very little.

) And what kind of work was it: that you did?

\ Well. it was just light: work. Looking after what

werk T had started, vou know.

Q You had some sen working for your

“\). Yes. sir. I had wo boys working for mé. I looked

©

about that work. 2. + : os

Q7 Yow say. in May you began feeling bad again? |

\ Yes, sir, I got sick. <In fact. I laid around two wecks

and Tf just. got so sick T’couldn't walk and I couldn't cat, |

- and Isget in an awful shape. “So my wife noticed me turn-

~

Bk

Floyd E.-Kidd —.Direct

ing. you know, yellow — my wile noticed me terning.

vellow around my eyeballs. moe | .

Q And ‘where else: |

4 The pupils, rather, and my urine started turning:

dark. . - 7 Rie

Q When did you first go to a doctor for that treatment: |

"You say -you had been Wn th u shape tor about two weeks

and yon went to a doctor: -

: A Yes, sir. e ; | |

QO Who was. that? : ees ee

\ ae Shoemaker. I went to Doctor Shoemaker

two Keeks, later alter 1 got to feeling bad, anghbesput me

in St. Mary’s Hospital. and wanted to run these tests.

He said he thought he knew what was wrong with me,

(18) sohe put me over there and ke pt me five days. -And_

Doctor Acker, which has been attending me, came in on

the case and they told me what had happened, and he came

in on Sunday morning, Doctor Acker did, and totd me

that |

( Could you give us the date, what date did you

enter the hospital’. . : 3 ne

A 25th’ day of May. 0 « 3 Ft

Q May 25? - - 8 |

A» Yes. .

Q Do you know what day of the week that was?

\ T think it was on ‘Thursday.

O How soon after you entered the hospital—

+ HE COURT: Is that 1954?

NIR. McAULEY: * Yes, sir. -

[HE WITNESS: 1954, °

By Mr: McAuley: |

How soon afte you entered the hospital were you

seen by Doctor Acker? an

.

A

' Floyd FE. Kidd ~ Direct

A Weil, he came that night.

Q. ‘The night of the 25th?

A.- .Yes, sir.

— Q All mght. And I believe you stated you were in

the hospital for five di tys under the cae principally, of

Doctor Acker? FS oe eye? .

- A Doctor Acker. ef AEG oe RE a i On .

(19) Q Mr. kjad, will you an ise descrihe, if you cary,

“sir, to the jury “Whether or not you suffered -any” pain

during the two weeks belore the lrospitalization, during

the hospitalization and following the hospitalization?

A Yes, sir, I suffered awful. I peed to hurt in my

side. <I swelled up. .-

Q Which side was it? *

A My right side. It swelled up and I had a severe

pam there at all times, and Twas nauseated at all times.

practically all the time, and Thad a rash, too, and I watked

the floor. . ;

Q How did that rash atlect: your

A Well. I just itched all over and I had to scratch. In

other words, if you everm#id poissn ivy, it was something

similar to- that, | would say. and I walked the floor three |

nights -- wait a minute. 1 mean three weeks. practically 7

with that, up and down, through the. hight.

QO .How about your appetite, were you able to eat

regularly? aoe

A- } had to force down what. I ate. OL course, . the

. doctor told me to eat a high a, diet and I was so sick

that | just couldn't eat. In fact, what [I did eat I just

forced down me. , , . :

QO What had been the state of your a prior to

this May episode of 1954, had you been in good health or

(20) poor healthy. .

A Yes, sir, I was in good health,

,

29a _

; Floyd-E. Kidd — Direct

-Q Had you had any similar experience before?

A No, sir. To never had anything like that to happen’

to me before.

Q Mr. Kidd, I will ask you to state : whether or not

there was any sparticular odor about your body?

A. Well, yes, sir. Everybody come to see me complained

about me. having this odor. I could acl it a litle bit but

naturally other people ‘could aell- it more than 1 could.

My wile complained about it all the time.

Even yourebest*triends wouldn't tell you to your

faces aK! ; 8 e

“A No. Vhey'd tell her and then, you know, later she

would tell me-about it, and it was pretty bad:

Q Atl right. | Now, tell us. Mr. Kidd, how long you

stayed at home lollowing your return home from, the hos-

pital before: you got ott and began dome anything?

A Ecame hone from the hospital — well, 1 stayed in

bed for three months, - full three months. ‘The fourth

month I got up and just went to stirring a little bit.

“Just went to Stirring a little bit:

A Yes, sir. Just an the bed and out.

Q VThat would be Septeiggper’ rave

A -That’s right. in September. So in November (25)

Doctor Ackés told me I could’ start doing a little light

work, just maybe very light work, so T started stirring

around cand doing a litth work around the house. 1]

couldn't hold out long, maybe a couple of hours. | would

just have to gettup and go back to bed. «

_ sol continued that way up until April of 195: 5.

~Q) What happened in April of 1955-

A T resumed my full work dics, . Made it pretty well

up until August. |

QO Then what. happened”

e

$a: fj.

Floyd E. Kidd: - Direct

A * Well, Phad a relapse. I got to. getting sick, vomiting

and I got sore in iy liver. And I went back to Doctor

Acker and he run-those liver tests on me again and he

said that | had had a -relapse and that the vest was off track,

a way off track, the last time to what they were the (me

_before J went, which was ahout a nionth before that.

Q Do you havé a ‘tatdo mark on your army?

A Yes, sir. R

-Q) Which one is that? | |

eo Right here: (indicating -to the left rm) .* Can't.

hardly see it, it is faded out. fa :

oO What does it say?

A’ Its got my initials in it.

Q When did you get that tatoo? —.

As In 1929: |

(22) Q. About 25 years ago?

A Yes, sir. Just a kid.

Q Within 60 to 120 days after that tatoo, did you have

any hepatitis trouble?

A_ Nog sir. I never had anytliing. like this before i

niy life. | 3 eo =

Q Do you know, Mr. Kidd, whether er net your wile

some time during your first day at the hospital admitted

you in, that is,-signed a paper and gave your name and

_that sort of thing? 7

A Well, I did not know — it she did it why F didnt.

know anything about it.

Q You have since learned that she did?

A. -2es,: sar.

Q At the time you did not know it?

A) No, sir, I didn't know it atthe time. Of course.

aftér—— | | oe

Q- Mr. Kidd, could’ you .tell us whether or not you

Sia |

Floyd E. Kidd + Direct

have -ancurred any aumedical bills as a result ol the live:

alinent? : : (ay

A Sir? - | | .

Q . Did you have to pay out any moncy as a result ot

the liver ailment?

\ ¥es; sir.*

Q- Could you tell us what, that amounted io?

(23) A) Well. my hospital and doctors bills—

“QO Do you have a list there?

\ IT think so, Do you watt me

» Who was the first doctor that you saws

A. - Doctor Shoemaker. he

Oo Doctor Shoemakerz |

A LYes, sir. Doctor Kenneth Shoemaker.

») He is the one who admutted you to the hospitalr

A Yes, sir. we 25 , | .

LHE COU! T:° Is there any dispute about these Hos-

pital bills, Mr MecAtee? . |

-MR..McAFERE: No. - >

| THE COU RT: ~ No dispute shin them.

~ + MR. McAULEY: Very well. HT may Jjhave the list.

‘

THE WEPNESS: Okeh. |

E - MR. McAULEY: (Writing an blackboard) — Doctor

Shoemaker, $5.00; St. Mary's Hespital, $120:40; Doctor

- Acker, $142.00; drugs and medicines, $35.00.

. iy Mr. McAuley: . :

QO Now,' Mr.. Kidd. let ime ask you, what were you

. camming in 1953, your annual carnings: As. IT understand

- you did not draw a salary or work on a regular pay job:

; vou built houses and did contracting work?

~° A That's right.

| QO All right,. sir, what was that?

eae

; “32a

oe ’ Floyd E. Kidd — Direct

(24; A You mean, you want the. actual earnings in

1953-7 ;

Q Yes.

A Well, I earned $6,642.25.

Q What were your carnings for 19547 That is the

actual earnings, not what was repented as gross earnings

for income tax, but the actual work done.

Actual work done was $2,900.00.

‘Twenty-nine hundred even?

‘Yes, sir — $2,973.00, 1 beg your pardon.

A difference of the two years of $3,669.00?

That's. right, siv.

Roughly, $305.00 a month? .

Yes, sir, that 1s about right.

What time in April, 1954, was it that you resumed

your regular work? ee

A No, April.

QO. OF this year? .

A Around the first of April, 1955.

Q That you did your first work for an income?

A Nes: Sir. | |

Q And did you do any work from May, 1954, untl

' April, 1955? > wi,

A Not to earn anything, no, si-.

‘Q “Roughly, eleven months?

A Yes, sir.

(25). Q Did you lose any time in August?

-A Of this year I lost two wecks.

Q Tell us, Mr. Kidd, whether or not you have been

limited ip any of your activities since contracting this dis-

ease? Can yeu do a full day's work like you did before?

A No, sir, 1 give out. IT work in pain all the time,

Q What about your work on building houses? are there

LO>e fei ode >

33a

Floyd E. Kidd — Direct

some things you can't. do that you were able to do before

vour disease?

A. Yes, sir, there isa lot of theim I can't do.

© Could you tell us a few of ahem?

X Well, I can't lift heavy rafters or two by six’s or put

up sheetrock overhead, or anything like that.

-Q. Who does that kind of work?

~A Well, T have two boys, or two men rather, that does

~-

that werk for me.

Q You more or less supervise that?

A Yes, sir, and 1 do the light work, what I can do with-

out putting t too much strain on me.

Q Could you give the jury and court an idea as to

vour relative efhciency as a wor kman as compared to what

‘twas before the disease hit you? Can you work full blast

halt-blast or two-thirds or what? —

“A About half blast. | 2

MR. McAFEE: ‘Let the witness testify. Don't tead,

(26) Mr. Counsel — putting the answer in his mouth.

THE COURT: , That isa little leading.

MR. McAULEY: Very well, your Honer.”

By Mr. Mc. Auley: ae :

Q I will'ask you if you have. any way of comparing

your current capacity to do work and labor now percent-

age-wise as compared to the way it was before you got the.

, disease? : :

- A OW rel. f can't hold out now, oh, about four or five

hairs, and: Lam just so weak and tired IT can't inake 1.

QO How many hours could you go before the accident:

Il mean, before — still thinking. of the accide nt — betore

the disease?

A Well. I sees work ten ie a day and never. know

I was tired. ope ; i

oo

-34a-- --

- Floyd FE. Kidd — Direct

O I believe that answers it. State whether or not vou

are currently under the care of a doctor?

A Y¥es, sir.

QO Who is that’ ky

A Doctor Acker. a

QO. State whether or not you take medicine of any kind

A Yes. sir, 1 take two kinds of medicine.

Q How oltcu: ; |

A Every day.

(27) ) Do you, of your own knowledge, know what

. they are? ans .

A No, sit. ;

— ie RS Aes liquid’ or pill>

A Qne of them is a capsule and one ol ‘elec as a@ pull

put it is something to. stimu: ite your hive: ‘and keep the bile

moving. or whatever they call it. as it should.

MR.McAULEY: 1 bélieve you can ask hime. +

| — CROSS: EXAMINATION

--— By Mr. McAfee: ;

QO How old are you, Me hidd>

a \ Forty. ae . )

O Forty ye ars of age:

A Yes, sir. :

O.- IT show you in ee Kidd, a surgical or medicale

permit dated 3-8-54 signed by Mrs. Floyd Kidd at the tie

.

you entered St. Mary s Hospital, :

A Yes, sir.

OQ That is your wiie’s sign: ure:

A Well. it I6oks like it: .

QO And she had-authority to sigh this permit for you:

A Yes. ir. T guess so. It looks like her handwriting

QO But anyway. you approve her signing this pernut

for wour | '

i)

, Floyd E.- Kidd — Cross: -

28; A Weil, I would have if she had asked mic: yes

MR. McAFEE: o1 want to read this, if your Honor

please, to the jury. “4 ‘

FHE COURT: Yes.

WR. McAFEE: . (Reading) eyo ee undersigned, a

patient or friend of patient ‘ol Flovd Edgar hidd at St.

Mary's Hospital, hereby consent to any surgical or medical

procedure the surgeon or physician may deem necessary.

Signed, Mrs. Floyd Kidd.”

i er i ee

By Mr. MoAtee:

_ Q Mr. Kidd, can you describe the wound that you

cullered?

‘A Sir? A as

Q Can. you describe to the jury the wound that you

suffered when you were workang there on the houses and

struck by the saws é » :

\ Yes, siv.

Q How long was tt

-- \ Well, E guess it was around eight or ten inches maybe.

QO. How deep was that-wound, Mr. Kidd? ) .

\ Well. I couldn’ tell you exactly how deep it was,

hut it was-not to the bone. |

Q Well, your doctor then would know more about

F that, wouldn't he? . :

; 29) A Yes, sir. ; ie oy os 4 | | ;

O- The doctor that %ctwally treated you ‘there?

\ Yes. sir. |

40 You lost-quite a bit of blood, hadnit you. Mr. Kidd:

e \ Well, 1 imagine I did. ‘It did not appear to bleed |

r. foo much, though. — . .

Now, you were suffering, quite a bit of chin?

\ Well, it hurt a little bit. Sure did. After it hap-

os Za 36a

Floyd E; Kidd — Cross_

pened, it hurt worse later. When it was first cut I didn’

notice it too bad. ;

Q The pain came a little later? .

A. Ya, ar.

Q_ At the time there, the first day, you said you took

some shots? |

When I entered the hospital, yes, sir.

How many shots did you take, do — know?

No, sit, I couldn't tél! you.

Do you know whether or not you took a shot tor, an

antitetants shot?

A Well, they gave me something 1 don’t know what

they were for. |

.Q. Where did they give those shots to you? |

A Down in the receiving ward. .

QI didn’t understand your

(30) A ‘Down. in the receiving ward.

-Q What part of your body, where did they put those

shots, im your armé#or in your leg? : :

A Put them in my arm.

—-Q) You were shot several times there in the emergency

ward, weren't you?

A I think about three times, maybe.

Q ‘Three times? :

A Yes. iS eee og

QQ. All three ot them in your arm?

A No. ‘They gave me one in my y hip.

> Put one in your-hip?,

“2 POF

~

~

A Yes, sir. °° |

Q Do you know what that one was? ae

A No, sir. 3

QO You were in the homieal how long the first time?

~

A’ About nine days.

37a

Floyd E. Kidd > Cross

, Q You were in the hospital about nine days the first

~

~

ce

time?

A Yes, sir.

Q During that nine days did you receive other shots,

ijl diflerent kinds? }

A Yes, sir,

Q. With a needle? jo ae

A Yes, sir,

(31) Q How often did they give you your shots?

A. Well, for the first two days a gave me shots ¢very _

day.

Q Every day?

ey, tee (- a) oe

Q° And how many a day’.

A Well, one or, maybe one or two a day.

I didn't

keep any count of them.

Q All right, sir. °

N But then after a couple of days they begin to let up

on it to, maybe every other day, and finally they tapered

off on the last week and they didn’t give.me any shots at

all the last week I was there.

Q But you were given quite a few shots?

A For about four or five days, yes, sir. PO fe

Q Whenryou were first in the hospital? 7

A Yes, sir.

0 Now, when you left the hospital after that, nine dys,

what did you do?

A ‘Tw ent home.

Q .And you worked sorie between the time after you

hos-"

J

got home, between May before you weit back to the

pital the second time?

A Yes, sir, I worked just a little bit.

Q What did you do? .

6

38a

: Floyd E. Kidd — Cross |

52) A Well, just looked after what work I had

Goimy along.

~ QO Did: you have any pain guring that time with. you

leg?

A Nog, sir.

O lake any shots in between times? \

A No, sir.

Q Didn't:

A Didn't ike any. |

QO Did you stay in bed during any of the time afte:

you went homer a ee ,

A For the first couple of dé ys I just laid down and

¢

rested on the bed: ; . |

Q And the, ne xt time after you got home, you. went to

work doing little: odd things about building your house:

So foe | ae :

QO 1 believe you said you were building this house {61

yourself? |

- A Yes, sir, on Carson Avenue. ae

Q Where? .

A On Carson Avenue. : a .—

MIR. McAFEE: 1 believe that is all. I would like fot

you to show the jury though before you leave, if you will.

just take your coat off and show the jury — Iam sure they

‘couldn't sce the tatooing on your arm from the distance

(33) you were sitting. Will you show it to’ them as you

pass by, please, sir? * ;

THE WITNESS: Yes, sir.

(Witness complies with request of counsel)

ETHE COURT: Is that all for this Witness:

MR. McAFEE: Yes, your blonor. :

THRE COURT: ‘Take’a short recess.

(A short recess was had.)

=

-

39a

Harty k. Wood, Jr.

called as a’witness: by and on: behalf of the pla

til, after. having been firge duly sworn, was

examined and testified as tollows: .

DIRE c L EXAMIN, ATION

By Mr. Me Auley:

> ‘This is Mr. Harry k.. Wood?

\ Junior.

Q) Junior:

\ .Yes, sir.

)° Mr. Wood, what is your occupation?

\ Jam chiet pharmacist at St. Mary’s Hospit: -

) How. long Je le you. been the-chiel pharmacist at St.

»

Mary's Hospital:

A L-wenty. years.

Q Mr. Wood, what do you have to do with the buying

of the pharmaceutica!s at the hospital? 2

34j A’ 1 do all the buying of the pharmacy depart-

ment. All the drugs are?bought by me.

O- What kind of blood plasina is used there at the

hospital, and I will say, what kind was used im) March of

19542

\ We have used the Sane type of pl: isma for twenty

years. It as manufactured by Sharp R. Dohine Laboratori ies

‘and is irradiated plasma.

Q Who is it that you purchase that {rom and who

calls on you? |

A Mr. Paul Robinson. Knoxville, Tennessee.

OQ. And what company docs he represent, do you know?

\ Sharp & Dohme. : ee os

QO Does he represent the Merck & Company. Incor-

porated?

“ 40a

“Harry” K. Wood, Jr. — Direct © ; (

A Well, Merck, you know — Sharp & Dohme is {ai IVE:

sion of Merck. rec uas

—* © Sharp & Dohine is a cde of a ae c

\) fhat’s right.

Q And that is the only’ plasma that the ‘hospital Ke

ME 9

. A That is the only one I have.ever kept.

O He ti plasma was available. there at the -hospital

‘in March of 1954?

A Yes, it was. ° renee

MR. McAULf#Y: You may ask him.

0

035) CROSS EXAMINATION

By Mr. Coburn:

QO You have been the chie! pharmaci ist there for twents

years? paar

A For twenty years.

© It doesn’t seem possible.

A. I started there when I was ten years old.

Qf believe that you said that during this period you

had always bought Sharp & Dohme b'ood: plasma. —

A I have..

Q Was there any particular reason for that?

A Well, I chosé that particular plant. because it is in

dry form «nd is irradiated, so therefore you.don't have any ,

chance to have it spoil. Also, the representative from Sharp

& Dohme is a resident of Knoxville aiid I have a chatice

to see him in a hurry: af anything goes wrong.” He also ¢

checks my file every two. weeks, which is as often as’ it

should be checked to kéep it in geod standing, and I figured

that was the .best thing for the safety of everyone cor

cerned, *

2) You have uséd it for 20 years. I take it you have

Ala | it

ae K. Wood, Jr. — Cross -

not had to check with him toe much because something

went wrong, | se

A I bane never had anything wrong if all that time

Q How much plasma do you | usually keep on stock®,

A I keep cight units.

PS (36). Q Kight units?

r- A Yes.

And each unit is — «hree in one: pack?

‘A ‘That's right... Sometimes you give two if the patient

isvery al. | . | |

Q suppose if there were a serious accident or some:

_ thing of that sort in the area you might exhaust all that

supply?

A I have on occasioh.

| Q What did you do then? os

A In that case I called the representative and he wired’

to Atlanta for it and it is brought here by air

QO You have never had occasion to hav e to borrow from

another hospital?

© A Not plasma, I haven't.

: Q Then, as I understand ii, it all this twenty years’

history of using ‘Sharp &- Dohme’ plasma, this partic ular

complaint is the only one you have had concerning ‘the

use of plasma?

A. The only one I know of.

QM You would know of it? |

A Certainly, they come to me first,

MR. COBU RN: Thank you. : :

REDIRECT EXAMINATION

By Mr. McAuley,

(837) Q In other words, it is a very rare, rare disease,

‘isn't it, Mr. Wood?

Cc

42a

Harry K. Wood, Jr. ie Redirect

{ I don't think-it is so rare. So many $cllows Got it

during the war. a

QO . 1 beg your pardon: . . ¢ , Aa

yX You mean hepatitis:

Q - Yes, irom plasma.

\" Oh, from: plasina. Well, from this particular plasma

i sate it should be Because this pl: ismia is irradiated.

That would mak& at varer:

: oe eae S : | hg oe

MR. McAULEY: Thats ail: “Thank you.” -’ >

MR. COBURN: That is Lae :

(Witness excused. ©. ‘

-

Milton Norris». ‘

called as a-witness By and ‘on behalf of the plain-

tiff. after having been first duly sworta was

exaajined and testitied as follows: , re

be

can

os

DIRECT EXAMINATION

By Mr. McAuley: . |

QO You are Mr. Milton Norris?

\ That's right.

O. Mr. Norris, what is your occupation:

\ [am the chief technician, St. Mary’ s Fhospital. -

Q And-whatis your age, please, sirr

(38). A. Forty “SIX. .-. ae Re

QO Dayeu duties inciude injecting needles) in patients.

taking blood samples, and the likes

A My only duties. on that-would be take blood sampk

\s far as injecting anything, T do not,

Q Inserting the, needle gnd withdrawing bicee

A That ts all. ,

©. And, inshat connéction, ot course you u dg use needles

*

‘43a: 3 | e

Milton Norris — Direct ar aaa

\ “Thats right.

Q Could you tell us, Mir. Nerris, what, if any, system

the “hospital. in your department parucalarly, employs in

connection with sterilizing needles:

A. Well, of course, the needles are washed thoroughly

sith’ water and a. detergent to remove aay foreign. body

or foreign material, and after they are completely washed,

deohel is run through them and they are packaged sep-

arately, put the needle and syringe in an autoclave and

sterilize them 30 minutes at 20° pound pressure. af

Q ‘Then, fF will ask you this: After having given the

reed lc that particular treatment, is that needle used more

than once before it is again sterilized: :

“A Just used for the one time and recleaned and re-

sterilized, ; . ;

Q Itis rcAcaneg and resterilized after each use?’

(39) A Yes, sir. 6

QO And was that the pracice ol March, 1954 also?

\ ‘That has been the “practice at the hospital from the

{tse J have been: there.

O° And you have been there how long:

\: Since 1949.

MR. McAUBREY: You may ask him. Ppa a

CROSS EXAMINATION

by Mr: Coburn:

QO You are the chied technics ian, | beticve you said?

\ Ves. sire ; ; La

QO And i think you said, your duties are sUperVISINg

BR only the taking of blood samples trom the patients who

Po might be at the hospital

A. That's right. |

Now, rf the paticnt who was at the hospit if received

Val Lous: injecuions ot mor phindor deme vol Or other mater Li ui

—"%

44a

| Milton Norris — Cross Sy

that is, that a patient might be receiving by hypodermic

- means, do you have any responsibility for that work?

A None atcall. sir. - e .

QO No responsibility for the sterility of the equipment

used Ww) that Connection: .

A No, sity norhing to do with our department at all.

O ‘Are you familiar with the minimum requirements

ol ie National Institute of Health for withdrawing whole

blood (40) citrating whole blood dealing with the sterilt

zation of instruments:

A. No, sir,

{) Are you famuliar, at least by rer atation, with Doctor

Rader ick Murray, who ts associate director of the National

Institute of Health? ° i a

A The only thing I am familar with wv the ‘adminis-

téring of blood is that we receive our sets and they are ‘not

dispensed from our -departinent, The only thing [ have’

anything to do with is drawing the blood from the donors

or from patients. As far as administering, [ have nothing

to do with it. | | |

Q Would you, agree that whatever: requireme nts are

set ant for the sterilization of instruments used in the

actual withdrawing of blood tor donor purposes would also~

be acceptable standards to be followed when you sterilize

the instrusacnts for drawing blood in your ‘department

lor sampling?

AT would think so; yes, sir, .

“Q WwW hat are the conditions under which Yeu sterilize

your needles?

e

A I sterilize them in an autoclave of live steam at 20-

_ pound pressure for 30 minutes.

Q Thirty.mii utes: :

Pie Yes, sir... ae: : a :

———_e-”-_-~

i et te

45a

: Milton Norris — Cross

Q Mr. Notris,. you.gave a deposition on oral exami-

nation (41) in this case, did you not:

A Yes, sir. . ore ee ee

THE COURT: Mr. Nortis, 1 believe, Mr. Coburn,

{you will stand back a litle the jury can hear. He drops

ais voice. ‘Talk up, Mr. Norris, because’ the jury wants

io Hear What you.say. - ani aa

jy Mr. Coburn:

Q Task Mr. Norris if he hadn't givena deposition on.

tial ‘examination sin this proceeding, and you said that

vou had?

A You smean@the one at St. Mary’s ‘Hospital?

Q. Yes, sir, # : |

A Yes, sir.

9 You were asked there a question of how you prepared /

ane needles and other equipntent, and you said, “We use

asterile syringe to collect our saraple of. blood. We sterilize

tt under steam. pressure at 20 pounds for 15 minutes: which

the accepted rule for “sterilizing” cquipment:* jis that a

correct statement? = :

“AT can’t remember what I said. 15 minutes or 30

tuinutes. Timay have said 15 minutes. LT think 15 minutes

will sterilize them ‘but [ am pretty. sure we sterilize ours

minutes to make absolutely sure of it." -

. Why are you more sure of it Now it was SQ minutes

jan you were when you said 15

(42) XA ae am-not sure. T may have said 15.

-Q And, as nah matter’ of fact. you knew you were using

minutes. | :

A We may, bat 15 minutes will sterilize them. .

Fr" Q Since you Teaid vou are not familiar with the mim

num requirements of the National Institute of Health in

connection with the sterilizing of instruments, [assume

46a-

Milton Norris — Cross . =

you wou ald) not"Know whether the procedure you -tolloy

ior sterilizing was within the standards or notz

A. Lhave never read them.

Q So, you don’t know whether the sterilizing. procedure

you follow meets those standards OY wotr

A {dont know whether the time does or not. 15. oF 30.

-minutes. Since | have worked in Laboratories 15 minutes

is ample time’ to sterilize them at 20 pounds pressure with

live steam. arn s

Q But how long ago was that? .

A +L have been doing laboratory work for about 20-

years.

— Q) And it ts quite possible the requirements now fol

sterilization of needles against hepatitis developing might

require a greater length of time than 15 aninutes? |

A That, 1 couldn‘t tell you. I don't know.

THE COURT: Can you hear answers, ladies and

gentlemen: Mr. Norris, the jery wants to hear what you

say (43) and-I will have to ask you to talk louder. °

Will you read the last question and the Jast answer. I

don't Luow whether the jury Areard it or not.

(The preceding question and answer were read.)

Mi. COBURN: © That is afl .

- REDIRECT EXAMINATION’

- By Mer. McAuley:

QO Whether 15 or 80 minutes, Mr. Noryis, in any event

I believe you did indicate that 15, muNUtes 4 ould definitels

sterilize. instruments: ,

A ‘Fhat is what I have ae told. 15 or 30> mirtutes:

would w ith that much steam pressure.

Q Twenty pounds pressure of live steamy.

* ©

\° That ‘Sight.

47a

Milton Norris — Redirect ‘

Qt. Marys Hospital is one of the ‘outstanding hos-

pitals, Is it not, im this area?

\ | Suppose so.

MR. McAULEY: That is all.

RECROSS EXAMINA . lO’:

By Mr. Coburn: an

QO Just ong question. Phat is whiat you were told 20

VCalS agor

S That is what | have always been taught: ves, SIT,

Witness excused.) | . |

MIR. McAULEY: Now we have, it your Tlonor please,

tH) the deposition of Doctor Gunn. | /

I might’ say this is the deposition ef Doctor W. U. Gunn,

which was taken last October 8, at Louisville, Kentucky,

Doctor Gunn being the person there in the receiving ward

who started the plasma.

(Whereupon, j the déposition of Doctor W. U.

Gunn was read by counsel: My. Marsh reading the

que stions and Mr. Mc Autey reading the ANSWETS. )

‘Dr. W. U. Gunn,

called by the: plaintiff, having. been first duly

sworn to tell the truth, the whole truth and

nothing but the truth, deposed gs iollows:

“DIRECT EXAMINATION

~ PY Mr. McAuley:

. O You are Dr. WOU. Gunn?

A Yes, sir. : .

“OO Dr. Bunn, where are you presently” locatedy . +

\ With the Veterans Adimuinistredaon Hospital im,

Louisville, Kentucky. |

48a

‘Dr. W. OU. Gunn — Direct

“Q Will you: give us your educational. background,

Dr. Gunny , .

“A TE was graduated from the University ‘of Louisville

Medical School in i949 and served a year of interneship

and I have had approximately three years experience in .

_ orthopedics.

“QO You limi? your practice to the field of onbopedi

surgery?

(45) “A At the present time IT am w vith the staff of

the Veterans’ Hospital and I no longer do orthopedic ser:

vice because of a physical disability. :

“Q Where did you take your interneship?

“A At Orange Memorial Hospital in Orlando, Florida.

“Q WwW here were you located in March of 1954?

“A T was in Knoxyille,. Tennessee at St. Mary’s Hos-

, pital.

“Q What was your connection with St. Mary's Hos.

pitalr me bree

“A Twas Resident Surgeon in Ortliopedics. _ ¢

“Q Were you in private practice or did you: receive —

remuneration from some source?

“A I was connected with the hospital; not in “private

practice,

“Q And you were ‘paid for rom services by the hospital?

“A Fhat’s right. - ;

“Q > While yeu were there, Dr. Gunn, T will ask vou

whether or not you had occasion on March 8th, 1954 to)

__ see and treat a Mr. Floyd E.. Kidd’who is the plaintifl in

this case? |

“A: Yes, sir.

“O Where did you see Mr. Kidd?

“AT fitst saw him in the Emergency Room of St. Marys

Hospital *

AGa

DY W. U. ‘Conk’ Direct

“QO Would youfremember what his condition was ual

the (46) time you saw him and what he was suite ring trom?

AS Phe man had’ just suficred’ an exicttsive laceration

of the’ right thigh im an accident. in-a saw accident. He

jas In extreme pain: in miuld to moderate state of shock.

-©O “What was. done tor him; had *he been bleeding

trom the wound?

a EOS, SIF.

--O What measutes were taken at that particular time,

‘DreGunn? Beh -

“A The routing sUpporuve micasures th. ware usualy

idininistered wath ‘such AN CXLCTSSIVE injury wer e given.

The mi in was admitted to the hospit: an... He was prepared

lor surgery. N-vays of the atlected extrensities were taken.

He was given tetanus and gas-gangrene antifoxin.

die was given streptomyacin and pejicillin and plasma

was started intravenously. |

“QO Was The

Room? ,

“Ay Yes, sit.

“Q) And that was. belore the x-rays were made:

“A Yes, #ir., . |

“O + What type of plasma was he administered?

slasmia started there im the Emergency

“A He was given Lyovac, which is the trade name tor

Winthrop Stern's plasma. | |

“QO And who was the manufactiirer of that piasmar

{47) “A W inthrop Stern. :

Ke W as that Lyovac normal hurkan ph ismar

‘A Normal human pooled plasma, -

0 Do you temember while there at St. .Mary’s Hos- °

pl ital sceing packages ol Sharp and Dohme’s plasma I. be-

heve it is cabled?

\. LThavea correcuion..

/

rection Lor us now:

50a.

Dr. W. U. Gunn — Direct as .

MR’ McAFER. Ui your honor ple. ise, that was the at fs

tempt by adversary council to pit the ANSWECL to thus ques

tion in the witness: mouth, and T object to it. and FT think

that Objection should -be sustained

THE COURT: : “AL right, read the objection.

MR. McAULEY: The objéction is. Just a minute

Doctor, pkease; the toregomyg Genes tion is Objeeted to be

cause itis leading and suggestive.

He does not answer right there, vour Honor

MR. McAFEE: He goes on

“MIRO MARSH: Go ahead and answer, Doctor f

“O- Dr. Gaunn., I belreve vou st: ited a moment ago that.

you had a correction to make “Would you make that cor

ment that iis Sharp & Dolimwe’s. TP believe itas Winthrop

\ This product is Lyovac. TP think I made a state 4

|

|

Stern s.is Lyovac plagma. |

|

‘O Was it the plasin. that was furnished by the (48;

* Pharmacy. Depaitn cent of the St. Mary's Hospital:

“A Tt was furnished by the Pharina y Department tend. .

I am POsILIve” it was Lyovac. o.¢

aa, t Aren't Vou alse positive Thateit was Sharp & Doh

me's? Bio ag a cert *

“MR. McAFEE: There again, vour I fonor please he

put the answer- on |

THE COUR lk: Deo vou deny about selling this?

MR. McAFEF + “No. But TP object ta corfisel leading

his witness. ; . ;

THE COURT: Overrule. | Do not bring up matters 0

that kind. | _

- HE WITNESS: - It 1s Sh. ip & Dohme's, Lyovac is

How Is that material or that plasma “packaged. Dr ¢

ene 2 _ «

SR ee ee eee pee ee ee eee ee

3

ee See Ste = 6 UN ee ee

‘bottle of the prepared plasma’

Dla

Dr. W. Xu Gunn re Direct m3

“A dt ts under a strict packaged sicrile condition. It

is Wh apped ina sealvd box.a cardboard package and the

botthe in turn ts sealed with a heavy aluminum package.

—O How Hans bottles come,in the pac kager

“A Iwo bottles,

() One contains what and the Sica what?

A One as a vac tune, cmpty be ttle and the other bottle

contains dried pl. ismia product.

Is one mixed with the other: . ;

\. That's right.

2) °\Q Do you remember the name or could you

hyocterrang to a nege tell ts who the nurse was who assisted

tthis administrationfot the plasma -

“A Mrs. Xfildred Wolle.

QO Was » the patient pli red ona hospital bed or on a

table: 2 : | .

\- On a treatinent table.

O He was placed on a treatment tables

\ Yes.

OQ Was anything done about the thigh wound there

in the Emergency Room or was that done later on in his

jospitalization — in his hospit. il room?

\. The wound was merely dressed ym the Emergency,

"ps Sony BS, 7 :

2) flow did you go about starting the plasmin? How

is that done, the mechanics of itr You open the package

ind s

\ The package - is opened, broken and the double

needle, witich. is part of the package. 1s inserted imto they.

vacuum battle an the other end is inserted fato the plasma

product bottle and the venipuncture needle is in turn 1n-

verted into the vein of the recipient, . ;

QO What connects the venipuncture needle to the

€ ° .

&

52: | | ¢

Pe Dr. W. U, Gunn — Direct .

AN sterile needle which is supplied with the package

(90) °O Lwallask you whether-or not there is a tube?

“NX Ob yes, there isa plastic tube which is s also supplied *

‘with the package. .

O Is the bottle of plasma cles: ated above the patr tt:

aN Yes, sir.

“OQ And the contents of the bottle of plasina pass

through the tube into the needle and into the patient's vein?

a es. Bir pe ; .

Dr. Gunn. IT will ask sou whether orenot the pack

age is a sealed package:

a~

“A. [tas sealed. ; .

OG What method is employed in openimg, th: it pack age

ovis it acconipanied veath any diffeulty?

. \ Only moderate dithculty. Tt can) be opened by’

hand. we :

a the package such that had it been previously

opened or tampered with that you could have told thi it by

pus oem 3 it:

Fee air.

“QO Was this a sealed package? 3

\ It was foaled. . . . | .

QO Can you tell usswhether or not Mr. Kidd's stay in

‘the hospital clatively unevertial or rather, E will ask

tac ho pita Was PCHAtIVely UNCVCRLUE OF TALACY, Wil GSK

—f91y veu what was his. progress?

OA” After he was taken to surgery he had an uneventful

Convalesccnce ree was discharged a few days later.

MIR Mc AU LEY: I believe vou may ask.

“CROSS EXAMINATION

“By Mr.oMecAtee:

QO Doctor. how bong did you.stay there at St. Mary's’

\ Lua yCars

53a

Dr. W. U. Gunn & Gross

) When did you start-

A In January of L953

Oo And you leit?

“AL dett in October of “54. a |

Q. During that period of time you were the resident

surggon there at the hospital> ~ |

ye a aoe as

MR. McAULEY: In erthopedics.

“TRIE WEIENESS: ‘Lhe. orthopedic service, yes.

O Now, you mentioned something a while'ago about

Winthrop Stern’s plasma. “Phey do make a plasma do they-

- \ No, sir: Tbelieve not. “This product — Tam positive

twas Lyovac. ” :

QO What makes you positiye. Doctor:

‘A Because 1 remember distinctly secing Lyovac and

twas all that was ayailable at St. Mary's.

QO Could you be mistaken about it, Doctor:

(52) “A; No, sir. |

“O You couldn't. What makes vow remember this

particular episode so distinctly, doctor? TL notice-you don't

have any notes of any kind in front of you there. Why do

sou— Sear © 3 : ae ,

‘MR. McAULEY: (Interrupting) JT would like ‘to

tate’ for the record. that the doctor is testifying from a

photostatic copy of the Emergency Room record,

Nl Ro McAFEE:. Well. I didn’t know-that. - You didn't

tell this.

°O. Doctor. this. photostatic Emetgency, Room record

a

vou say you have been testifying from that as tG these facts?

“A Only partially, to belp me reeall, because as you

stiggested. there are a great many emergencies that are ad-

mitted there from time to ume. ‘Phis is my own hand.

writing at the time though, part o1 this Emergency. Room

record.

»

cd

54a

Dr. W. vu. Guna — Crass

“OO Who ordered the pi isma to be given Mr. Kidd:

“A I did.

“QO For -what purpose” did y you give it to Mr. Kidd?

“AX Because of his mild shock state and also because .

it was anticipated that he would be immediately taken to

surgery /and that is the routine method to start an intra.

venous transfusion’ in the Emergency Room to anticipate

their being taken to surgery. )

“Qs Is that the common accepted practice of treatment

(53) in cases ol this -kind whert they suffer just dike Mr.

wae?

“A When the injuries are this severe, yes, sir.

“: Could you describe for us just the type of an injury

that Mr. Kidd had? se es ‘

“A He had a eniumiaely a 14 to 16 inch laceration

on the anterior, right thigh which extended down to the

ehtire sult tissue layer to the bone.

\O Quite a severe: cut, wasn't it, Doctor?

oe It was-severe, jagged, a dirty cut.

“O And vou. gave him the plasma because ‘of the shock

‘condition the patient was int | a

A Yes. sir:

“QO Ts that the only reason? -

"A Well, the reason also that I gave a ‘while ago is that

he was going to be taken, to surgery and it is usual to have

an intravenous needle started at the time and alsa to draw

his Jaboratory blood. 7

“OO So that. to — well, is that to replenish the blood too,

is. that the purpose of that?

“A For possible reple ‘nishment.

gt Doctor. vou said this partic ular package of plasma

' ~ id ‘ t °

that vou used was in a sealed box: “

“Am . Yes, sir:

the

‘

55a

°

Dr. W. U. Gang -- Cross

“O You have given plasma often, haven’ t you, Doctor?

“A Yes, sir. vice .

(54) ° a You-ol course’ have read the instructions

that accompany plasma, by the companies, ,

“A Yes, sir.

“Qs And especially the instructions that accompanied

the Lyovac plasma:

“A Yes, sir.

*Q You.read thoser> | ee

“A Yes, sir; I have read them before.

“Q Doctor, I hand vou here some printed instructions

which is issnied by Sharp & Dohme and it accompanies every

package of Lyovac Normal Human Plasma. Have you seen~

the printed. instructions like that in the plasma used there

at St. Mary's Hospital: *

“A Yes, sir; I have. ;

“O Have you read. those instructions, Doctor: |

om (- os foe NP ens . :

“Q) Now. Doctor, I will ask vou if there is any scientific

procedure or method oi discovering whether or not whole

blood or blood plasma contains a hepatitis v ivus?

“A At which time are vou. referring? |

GO At the tithe of taking blood from the donor or any

ume before the tra insfusion is given:

no Not to my know ledge.

- ‘there is no scientific ee ee or procedure sists

ae ane of. of discovering whether or not Whole blood o1

55) blood plasma contains a hepatitis, virus?

“A That is a litte out-of my held. atid: they may have

methods.

°O But you don’t know of any?

“A T wouldn't know. mysell. .

“Q Doctor, isn’t it a fact, a well-recognized fact by

medical profession throughout the country that in

doa

¥5 me °* . Dr. W. U. Gunn + Cross

all cases of 14 uisfusions of whole’ blood and blood pl. ist

there KB alw: V5 the possibility of the patient contracting

hepatitis or a jaundice,

L\It isa so-called calculated risk.

“Q You say that asa calculated risk, then, that each

patient , takes when you eive transtusions of. whole blood *

and blood plasma? '

“A oft isa Fisk; yes, sit: aa!

“QO. And you knew that that was a risk’ at the tinic “you

CAVE this particular plasma te the plaintiff Kidd?

- =A Yes, siv: I didn’t think of it as a risk, however.

“QO But you knew about the risk at the time yqu gave

this plasma to the plaintit Kidd?

“A Yes, sir.

“QO Now, I believe vou sti ated that you were the one

“that actu athy superv@ed the transfusion of the blood plastia

to the plaintill Kidd ¢ on this particular time on March |

"MR. McA I. EY: ~ Fhe wiiness testified: he did it (56)

himse lt.

“QO You did’ it. ‘yoursell?

"A CaaS right.

eS Albright. Now, IT believe you stated that “you have.

read those instructions and directions which accompany the

Lvovac plasma prepared by Sharp * Dohme and I would

like for you to file this pamphlet as Exhibit Number One

to Your de OSTULON: ~v \

“4 Dey, oes

(Phereupon the document above referred to is filed

Hye TEeW ith as aga hereotl. } rere -

“OQ Now “then, ‘Doctor. T want you to turn to page iwo

of the pamphtet and read into your .deposition there begin

ning at the bottonvof the page where it says Risk of Serum

ifepatitis” on page two, down to the end of page | ree.

a 57a”

‘

. Dr. W. U. Gunit — Cross :

PHE COCRT: Do you want the exhibit filed®

MR. MeAFEE: — Yes. i 7

oh te en A (FE ibs: No. | was filed

MR. McAULEY: ‘i his is reading’ from the pamphlet

which is enclosed with each package of plasma.

: ae Ht is gencrally recognized that some samples of

foe blood contain a Virus ¢ apable ot causing se oiled

q serum hepatitis or serum jaundice tollowing transtusiorf,

A Although the relationship of homologous scrum hepatitis

\ to infectious hepatitis is not enurcly clear, present. (57)

—\ indications are that the icterogenic agent of both diseases

veh :

“Despite careful sclection of blood donors under. strict

supervision, there is still the possibility that some blood

will contain the hepatitis Wirus, since no laboratory pro-

cedure exists for its detection-in the blood.

“In recent years methods have been developed for the

sterilization of suspensions containing bacteria and viruses

In comautted studies carried out in human subjects, using

» both irradiated and nonirradiated serum, hepatitis did

not occur in those-individuals who received injections_#!

irradiated material. ‘Toxic effects.due to radian of

plasina were not ‘observed following Hajection J} this: ma

‘terial and there was to deleterious effect on the therapeutic

value of the plasma. Radiation of plasina with ultraviolet

light was accordingly adopted as a requirement: by, the

National Institutes of Health. > | ?

“More recently, similar. controlled studies im huenan,

subiects were carried out using plasina irradiated wath

ultraviolet light in compliance with the regulations of the

National Institutes of Health. In these new studies the

radiation process was not-elfective in preventing the trans

mission of homologous serum hep Utitis. |

di

en

bxa

iy De. W, VV. Gunn Nad Cross

“In addition to the studies relerréd to above, there hare

been several, reports. ot hepatitis, following the (53) in

ieclion Of radiated Human plasma in which, de ‘spite other

well recognized SOUTCES O ( -iiMfection, it t appears that thie

ViPdS Was transmitted oe ithe plasinas “Phe Occurrence

ob scrum hepatitis has also been reported following thet

jection of irradiated hyuman mumps immune serum,

“On the basis of the limited evidence now available. the

“physician: should assume that the use of irradiated human

phasraa stuilf ray mvolve ca caleulated? Fisk Chat the patient

Ih Aty develop SCrurL. hepatitis. |

‘“O Doctor. the instructions that. you -have just filed:

_ bear number MIE-96207. Phat is correct. isn’t it?’

8M That is the number on the pamphlet you have licre.

“Q\ Yes Now I show you another pamphiet which bears

aries 06204 — NE. “6204 and am gouig to ask .you to.

te Chat panyphlet as an exhi bat, Exhibit Number ‘Two oi

Let sre ae ae gd

1 do. Bh |

(Exhibit No. 2 was filed.) °°

“Q “Now, then, 4 call your attention to page two 0!

the pamphlet you have-just filed’as Exhibit Number “Two

to Vor deposition... beginning with page two at “Risk o!

Serum: Hepatitis” I am going. to ask you to read that into

you deposition: : | ane

Y&

‘A dt as gencragly recognized that some samples of.-

hang ood contain a virus capers’ ot causing so-called

(O90) seram: hepatitis o1 serum jaundice following transiu.

sion. Although the relationship of homologous serum

hematti, to infections hepatitis #s not entirely clear..

present amtlications are that the icterogedic agent of beth

diseasey isa Virus. Phe-reported morbidity rate of serum

hepatitis varies {rom 15 per cont among patients who re

.

at

“ee ‘ Dr. W. "UL Gunn — Cross

ceive plasma fom vial pools (> to 10 donors) - to 45 per

cent to 12 per cent in patients rer ‘eciving plasm a from large

pools (1000 to 5000 donors) Lap tes ‘

“Despite careiul ‘selection ol blood donors under strict

sUperVISION, there is still the. possibility that some blood

“will contain the hepatitis virus, since no laboratory pro

edure exists for its detection inthe blood.

‘In recent:years methods have been developed for the

serilization of suspensions containing bacteria and viruses. |

I: contyoHled studies carried out in human subjects, using

both irradiated and nonirradiated serum, hepatitis did not

occur in those imdiyiduals who received injections of ir-

radiated material. "Toxic ettects due to radation of plasma

were not observed following injection of this material and

there was no. deleterious ctlect. on dhe therapeutic value

ol the plasma.: Radiation of plasma with ultraviolet light

was accordingly adopted as a requirement by the National

Institutes of Health. 3

“More recently, similar, as yet unreported, con- (CQ)

tolled studies in human subjects were- carried out using

plasma irradiated. with ‘ultraviolet light by a technique

complying with, the regulations ot the National Institutes

of Health, but differing in some respects trom that em-

ploved in the original studies and that employed in the

manufacture of “Lyovac’ Normal Human Plasma... In

these new studies the radiation process. that was used was

hot cHoctive in preventing the transmission of homologous

serum he patitis. ,

‘In addition-to the studies referred to above, there have

been several reports of hepatitis following the injection

af an adiated human: plasma iy W hich, despite . aiher well

recognized sources of infection, it appears thet the virus.

was tt anstnitied th rough the: plasma. . Lhe occurrence of

: og

. é

60a

Dr. W. U. seen — Cross

serum) hepatitis has also beey reported following the in

jechion ol int addlia ited Hum: ine PVULEL Eps it mmune serum.

“On the basis ef the limited evidence now available

the plivstcian . shioutd assure that the use,tol irradiated

human. plasma still man ivols cae alctiated risk that the

parse imav de velop serum n hepatitis.” ey

“O Now, | believe vou said one of those plinphlets & \ vas.

in the package “of pl: isma that you openad tltere to give

to Mr. Kidd? : a Fe .

“MIR. McAULEY: He-said a pamphiet.

“A Apa: sph vlet was and. I don't know whether “it: was

one of these. Tt was similar, z .

(Ql) ~Q Weill, it contained a t proy ision“anyway call-

ing your attention to the risk of serum hepatitis, did it not:

ay xe don't remember speciacally. |

“OQ. Haven't you read that pamphlet, Doctor:

“A P have read a stmilar pamphiet, but L can’t remen

ber whether thi. particular one — 1 didn't read the

phample with that particular serum,

“Q But you have read a pamphlet?

“A Yes.

“2 Prepared by Sharp. Ne Dohme and sent along with

its —

“A ¥@qs, sir.

“O That contarned ‘that same prov ision calling atten

~~

ton tg the risk. of the cai culated” risk of hepatitis in the

event plasina was used:

airy 4 Yes ; |

VER. McAULEY: Let the record show, that this witness”

“has not mi ract re ad the provision contuoed in either 0!

these two documents. 3

“O Well tnen. F willsask him te read it now. You read

Doctor, the prov issons in both of these pamphlets and see

Ola.

Dr? W..C,. Genn — Cross «

cou-recalk reading that in a previvus paluphlet or a-

4

: f

pieaes |

oO Yes, sir: TP have read srimilas iiformation. =

“CAN ot An oth pamphlet prepared and that:

ne) accompanied the Sharp & Dohme’s phisma:

AS. Sik) ; as

O Doctor, how many datherent wavs can a person

tontract serum hepatitis:

‘\ Well. there are several -mears

QO Give us some el. them: eee

“A° Phe first and most common. fs. by ae

but there are records on cases where patients hay ad it

sithout Being given pooled plasmas b any mot tamuliar

with the others. | . .

QO) Can-you contract i from taking whole blood from:

another person:

2 ‘That's right. :

Wall, there ure aie Cases, “HUINCLOUS- SOUTCES

ee a person can contract serum hepatitis. arent there:

-

“\ | am not positive.

tle ie ae edi ee a tay

. “QO Well, don you know that rou con contract it from

: taking these malaria vaccine ‘shots: ;

VA) Lhave heard that.

’ ZO Yes. that 1.°9 common source of it?

(Witten nedded head in affirmative.)

Don't ycu know as a matter of fact that you car,

cont tract - it fron, unsterilized. needles when vou Inject out

Into your Ves: |

T have heared of that. °° > - _

(63) “Q ThatAs another common SOUT. or it isnt

vthat trae? - 7

“ae Well, ay vy source where you are iitroducing ihe

possible production of another person's blood products

a . +>

ms o

. 624

Dr. W. U. Gunn — Cross

Q > Have you ever known ot hepatitis following dena)

procedures: :

‘“& No, sit,

(> Or have you eyer heara of it following tattooing:

*

Pe

“A T have heard ot it.

-O. You have;

fe 4es

“QO Have you ever heard of it occurring in drug addicts:

“A As LT said before, it can be caused by ‘anviline

where- oe —_

“OQ Where there ts an Injection into the arm Gy ves

of the ‘blood, streams ae |

‘\ Jf it involves a second — source.

“Q When a person centers St. Marys Hospital oF anv

othe hospit: il he signs an- entrance card which he approves

and authorizes the hespitar and the attending doctor to

use such methods as he deems wise in caring tor him. Isnt

that true: : |

“A -Well, if-he is unable to one ot his relatives does i it

(64) °“Q One of his relatives: :

“A At the earliest practicable moment.

“QO Tn other words he can — he consents to all of the

treatme nts that are provided for him there in the hospital’,

A- If Te is an emergency i is undertaken betore the

formal consent is arranged.

“Q Well, you don’t k 10w whether that was true in this

parc, alar case or not, do your

ye didn't witness the s* snature, no.

“QO You dot know as a matter ‘of fact that his. wile

did sign the congcut im his particular case?

: ‘y No. but f assume that-she did. -

“QO Was she there at the time?

“A Yes, she was there.

MT. McAFFE: Vhat is ally 5 ea

Pe

“OHSa

Dr. W. UL. Gunn — Redirect

- -REDIREC LE EXAMINATION

hy Mr. McAuley:

QO Dr Gun. when Mr. Kidd came un I believe you

fescribed his géondition as acmuld to moderate shock. Ts

jw Yight?

“A a w.. ° }

QO A person that is in a mild to moderate shock, I

will ae you if that sca critical thing? In’ other words are

tou sort of on the verge of dying or is it less than critical

som the standpoint of being on the verge of dying?

65) “A Tt is not oritieak no. Sir.

“MR. McAULEY: “That sat.

“RECROSS EXAMINATION

Bs Mr. McAfee: | .

“O But you thought it was advis.ble 40. give the

plasma in this particular case otherwise vou. wouldn't have

eiven it?

“A That's right. ' one < ae

MIR. McAFEE: Why don’t we tear the page outr It ‘is

mounted on a page. Pi

WROMeAULEY: Why not pass the whole deposition:

MR. McAFEE: — It is stapled togetier. Tt has a picture

ofitin that. “Right here it is, Mr. McAuley, on page 2

MR. Me. AU LEY: I know, but the whole pamphlet was

5

intreduced.

MIRO McAFEE: I have another one.

WROMcAULEY: Why don’t you give them a loose one?

THE COURT: Was the pamphiet read, read to the

Wry:

MRO McAULE*=_Itee! ' read a good portion, of it,

err Hopor

61a

Dr. W. U. Gunn — Recross?

THE COURT: All right.’ ae ;

MRIMcAULEY: ‘That is a picture of the stuff (hand.

ing to puror) . é

(66) Now, this is the deposition of Yoetor J. E. Acker

Junior, w hich was taken on September 25, 1955: Doctor

Acker being the physician. who ts taking care of Mr. kidd

The questions will be read by Mr. Marsh and the answers

by myself. : :

The said witness, . ; 3

: ; Dr. J. E. Acker, Jr.,

being first duly swern, deposed as follows on

?

“DIRECT EXAMINATION

“By Mr. MeAuiley: ° ; ee

“Q You are Dr. J..E. Acker, Jr.?

“A Yes. ae: |

“QQ Where co. you maintain your offices:

-“4 205 Medical Arts Building, Knoxville, Tennessee.

“O Will you please state your educational background,

qualifications and memberships in any organizations and

-whether you have been certified by any Boards.

A BS. University of Tennessee, 1941, M.D., Univer

sity of Fennessee, 1941, one years’ internship, Kansas Cit

General Hospital, Kansas City, Missouri, 46 months in the

Navy as a meuical officer, being discharged with the rank

of Licutenant Commander, Medica’ Corp. ,

MR. McAFEE:. “We will admit the doctor’s qualifica

tions. ° 3 ok ae _o°

“By Mr. McAuley: . by eS a

“© Will you please son nue? 3

(47) «A Residency. Interne: Medicine, City Hospite.

Cueveland, Ghid:, April, 19465 through, Fuly, 1948. Private

x . «4 .

sractice ot medicine here since

boa -

: ws Dy. 3... Acmety Fee

‘Cortihed py the NMiecdical |

‘ : ib b |

Board of Internal Medicine.

. . “ nF t .

Associate: American: College of Phys:

— Direct

mans. Fellow -\meri-s

a College of Chest Physicians, member ol the Knoxville

WCadens of Medzeime.

O Cian you tcl] Lis whether Vou binniat Vou! practice LO

ns particn ular hed of medireme: .

“7 limit my ‘practice to internal medicine More re

cently tO cardiology.

. , t 5

-Q) Have you had occasion to see and treat the plamutt

im this case, Mr. Floyd Kidd?

“A Ves, sir. a 4 :

» When did you first see him, and where:

My consultation noic is dated “May 26,

LO.

*() Where was Mir.

Kidd at that time:

“A Room $28, St. Mary's Pospital, in Knoxville

Us What -history, Doctor,

vas elicited:

“A This patient gave a history of haying an extensive

| of the right thigh on.

was treated “at that tiane

- | as - ie i

ceration of the anterior siibiace

4

March 8, 1954. Ele

ie aning and sewing.

by the usual®

“He is alleged to have been in shock during his stay, 01

shortly after admission to the hospati ib and having (68) re

ceived aunit of plasma. | lew far as i was able to determine,

had received no blood. ‘The patient “went well vip until

_ simately two weeks before seen by. me, at which tne

kinda felt tired and noted slight nausea. ~alé sti ited

vo his wife noticed a definite jaundice-of his eyes. and the

patient “noticed his urine was becoming darker.

He consulted ‘Dr.

and was hospitalized.

“{)

Kenneth Shoemaker the day before.

°

Phat con ipletes the history does it?

\ The significant hyustary. yes. +

» O And pow give the clinic: findings

*

Patient was a well netrished and \ elt developed

60a

Dr. J. E. ‘Acker, Jr: — Direct

male patient. “He appeared jaundiced, moderately with

jaundice of the skin‘ or the sclera of the eyes. “The ine

was felt one finger below the right chest: matgin — costal

margin, and was slightly tender.

“Phe remainder of the physical examindtion was not

remarkable. — - : |

“OQ What was the davai at that time; or was there a

diagnosis at that time, prestungpabivells ’ | |

\. My initial impression ARs, probably. homologous

-serum hepatitis. aA |

“Q) Was your diagnosis later on conkrmed: oar

TA The liver function test confirmed the presence oi

a hepatitis. I he ‘diagnosis of the time in. between is ‘done

(69) by history and related events. xB

“QO Will you please list the related events Which were

of signilicance 1O you In reaching ‘this diagi LOSIS?

+ "A From the history, the admission of the patient t to the

hospital approximately two months previously, at which

time he received plasma, which is a known cause of serum ~

hepatitis, and the subsequent ‘develo mment of jaundice

within tho usual incubation, period Pstlowing this. with

the physical findings and laboratory function tests subst:

tiating hepatitis, One may conclude that he is dealing with

afi-

a hepatitis.

“OQ . And did you SO ; comchune? i

“AI did. /

m Ds I understand you first saw him on May 26th:

“My consultation nate is dated Mav 26th. I dont,

have it in this record T.have here. T can find out from

the cir] the exact Cate when FT first saw him.

“MR. KID D Unterposing} i think that as right

Ly thie W tne SS)

“A oP sawehimi the day following Lis hosp:tal adi 1.

| k Tyé A

| - b7a

pe. J. E. Acker, Jr. — Direct |

By Mr. McAuley: . |

cf) And if the admission occurred on March 8, 1954,

‘or which -he was initially hospitalized. that would be a

diference of some two months and 18 days?

qi) TA’ Right. --

-O Did I understand that the history was that mine.

diately prior to the second period of - hospitalizatson that

the one of May 25, 1054, that he had felt welk until

ome two wecks belore that admission:

‘A. Yes, -sir.

<O) When he began to complain ol atired feeling and

sight nausea? .

AL ES. sit. , :

© “O What is the incubation period tor the serum, hepa-

tutus virus? |

x Sixty to one bapdred “twenty "days. |

“O |s there a similar virus which produces a similar

effect ona person: - :

“At There is a so-called infectious jaundice virus,

“OQ What is .the incubation period tor that-

“A Fourtect: io twenty: -cight days. aft is a much shorter

Leriod e

“QO On what occasions have you Mi Mr. Kidd since

that initial comsultation of Maye

nal

bd I

“A You want all the dates; - ney

“OT itis handy, yes. When was he dischaiged fiom

the hospital, might T ask? 7 , e

‘A May 30, 1954. Tacicentally, could To make a cor-

seigion? : , | |

(7) “O Yes

1 My (niaiel Visit to Him Was @ May 25th, and not,

May 26th ubsequent VISES tom y ofthce have been on

lune 15 1954. June 29th., July pith. July 27th., Septem-

er 7th and November 16th. .All of those were in 1954.

Sa

Dr. J. E. Acker, Jy, - bircet

‘February 16, 1955. June i7th, \ugust Peth.. tNugust.

SIG ra d0: 7

"Qf may have anisunderstood, but did you say May

“A May 25th. 2 ge e

“Q) Was Mr. hidd hospitaieed at any time alter the

May. 1954; hospjtalization: 9. 7. * ‘

“A Not to my knowledge. ff

O° Could you tél us what his. condition twas or the

progres that the disease took ‘tollowing discharge trom the

hospiti in. May, 1954? | a

“VA His convalescence was slow. which is typical of this

Isp pearan cof anarked. or of ex

tensive laboratory fipdings. or not disappearance but with

.; f

Sakina Salk the ¢

ereturn of laboratory findings to normal.or not normar

‘ as eee J } ‘ H

positions — EP inean office retin visits om June Lath. How:

ever, there were ahe usual findings of fullness of the stom-

ach, ease ol fatigue, occasional voimung. ‘intolerance to.

Seite foods, such as cabbage-and-beans. .

“Phe paticnt was kept at home until a ip proximately (4

the middle pt Pury. at which tiie he was told to sadn

.

increase his exertion,

“He did. net return to work until some time around -

Noven nber, 1054. 1 dent havé the exact date down here.

“QT would like to ask if this condition 7s you have

described is disabling. that is, would. render one ‘unable

to carry onan active life. or active work?

“A Could you repeat me it Hac ion: Sess

“O What I have int roid is, he was discharged (din

‘the hospit thin May, and you say ae ket him: at home for

°o

a wihhiec: 2° W; as wondei i ne why = was Kept at home

could he hi Ive perion med las 4ISLE, | duties or was he kept

at home for.anv other reason? 5

HA was’ kept at home because we know activity

oy ee OUa

Dr. J. E. Acker, Jr. — Direct

ends to cause a relapse of the Nepatitts, and we wish 10

mevent st. Se

QO by Novenrbes then A fe beheve he was Yyesuming his

ular activities wid ee

\o think that the correct date. :

Will vou tellus whether he hadany difhculties alter

tee eae ee . 15.41. .

VENTE EM QE 1.'.? sd. :

«

Hie has continued fo have some. dithculty to date

oth sublective and Gpypectsys

O° In other words. you could. actually find ‘a reason

the complaints he described, that Js, they were (73)

bjective findings: | . |

i Some. 1

* What we e they, prineipallyy. = 5 .

\ At times, sonac tenderness over the diver. A slight

bnormalitv of one Gi the tiboratoiv tests, which 1s, com

divesin lw ceecels rclanse

pala Dik VN iti sl ad el} doe Ҥ

»

QO ‘Just how does this particular vires allect the liver,

one that has Bees pretts well tdloctrinated with it, what

happens to the liver, that is a viet of deopatitis virus:

A. You wane that in medical tenms, or not?

QO Like to have it. in day language, so even Ff might

understand it, insolar as it 1s possible

\ Do you wish that from the first: Prom the begin-

dingy ° Ce ae ane

O Yes. a se } . ;

A That is a dificult question to answer. With an

cute infection of the liver by acvirus, the actual liver cols

becennn swollen. and fo scen,under the Microscope, whey

ve distarted, they bose their} usual architecture, and as a

sult ofthis thereis a backing up of hile. ie use the term

which vou can understand, ¢ aking thd iaundic e, ora reflux

‘i od . | / hes ' . ‘

o bile —~small bile ducts Wackine into the liver cases

jaundice. :

Did

sh 70a

“Dr. Je E. Acker, Ire Direct

~

The normal, period of this acute inflammatory (74)

rocess will vary considerably, depending 6n # “numiber ot

hings, .for- instance, how soon the patient avent to bed

Phere are ran vi atiables, depending on the amount of

ntection and type treatment the patient gets: Normally,

Gthiy a month or less, thie jaundice has disappeared. The

ive function: tests may hi we returned to normal. or may

ot have, depe nding on the severity of the disease, and

ow the paticnt. was treated.

“There, is a clearing up, of the local 6 ilies in the

ells, with a certuuin .amount.of scar formation, certain

mount of regeneration of the liver cells, and destroying

Clly or damaged cells, so that in similar cases one sees ne

reat evidence of permanent damage to the architecyure.

Hye samie may ‘be true of the liver function tests, which have «

ccurred. | © tae ee

“In other cases, more Severe, this may persist — the find.

ngs ayry persist for a varying period of time, or ma¥ pos-

bly go on to develop permanent scar formation to dorm 2

icture which is called sclerosis of the liver. |

At the pr csent time, in an individual who hasBeen

pproximately sixtecn moriths with this condition, one

ught lingk giro objective evidence or no great amount ol

. “+ . . .

byeciive evidence within the liver of previous disease: but

Sain..one might find considerable.

Oo Have there been periods of time when he iwas Ire.

9) irom symptonis:

“A: LT would say. relatively So.

And following a period of time when ‘he was rela:

vely free troné symptoms, those symptoms would reappear,

that correct, or a relapse?

\ Could you re-state that? . ag oN

() fT believe you have stated there were periods of.

mie Mr. Kidd was relatively free {rom symptoms. and

* eo PPh

ano < 8s

Dr. z E; Acker, Jr. ¥n Direct

| rake at. following such a period o i time. there would

be a enn

“4 ‘Ehere has been, and one specifically,

OQ) And when was th: Ibe.

“A hree weeks by~ history, approximately three.

WEEKS prior to his visit, which was on June fy, LOSS, |

‘QO Now would the disease be considered to have been

corriant during the period ol tine prior to the aise 3 eal

anc of those Ss) uiptomis, In a sense? .

“AX One might say 86. ;

“d ‘Would the “reappearance af hake symptoms be

son thing unusual and. out of the, ordinary in cases of

hepatitis Virus, or Something that might be anore o "tess

expecta?

os H would say not comn 10n, and not rare, a ks

n between. ;

0. Can you tell us what in your opinion the future

(76) holds for Mr. Kidd with respect’ to a recurrence of

symptoms? | oe

“AY feel with proper care, he can be back to a normal

existence. Most patients do. > Most patients are back to a

normal existence, the mayority of the patients before now.

‘QO Do you feel by virtue of sthe experience he has

wr the disease he had. «was the disease he had untisually

vere, or more than the usual case, in view of the fact

he stilk does present sy mptoms?

A That is a difficult «question ta answer. More than,

. . .

2: ; >.

“QO lt is my underst nding the majority of patients

the usual ease?

should be symptom free bv this time, and since Mr. Kidd

n't. L was‘wondering if that would enable you to symptom.

we or characterize his case? 5, -

“AT wouldn’t.put him in the unusually severe ‘group.

‘Q) Moie than the usual? |

tr. J. EB. Acker, Jr. — Direct

“MRE. McAFEE: Phe witness said more than usual

da

, lt, 1 : . .

noc wm the cCrass.o usual <

iy Mr. MeAutey

% J . ‘

. ; . . ae \ . eS 7 , ¢

2 @) Po you lve Wir. inaidd: ahy tvpe of medicaii@n

a } y. yi Qe.

at the presem winnie?

A Yes, SiY. :

() Vhat ie, tt . | Xé

A. Bilron capsule, as needed, and Donnatal capsules

~

Gi) °Q. The first-is tor what. and the second is for

‘:. Phey are- both to control his symptom is ol indiges

tion, gas; en the stomach, cic. Phe former berg a bile

salts preparation, 1, and increases:'the How of liver bile, ther

fore MuNpTro Ving the sy} mpioms , and the other prevciits an}

spasm of cetjai tuscics an

stomach and intestines. 7”

the activaly of the

:

“O Does a decrease in the nornial how 49) live! brie ~

-°N Avtparked decrease could: or it could, I should sav.

) Does the symptoms of serum hepatitis lead! te a

<4 i

decrease ot the flow ‘oi liver bite:

“A. It- might. : :

x ' 1 i

(> epithe bt RT Ei Cas¢c, ifi yout! OPMNIO

aaa a

1 <e L -can- answer that yes or, 10, but at isnt oun

{ > dan v | j a DE OG } L101} ] could SAN it etree: | th

be : i ; - y:: v* 4 ; r

() In any event. the mecdicatyon which You Nave pre

- “* } . a : at ee : “— NAS 5 ._.

scribed a8 to mcrease the How OF PVCL bile:

O Saybe I misunderstood You carlic answer,

A Would it be better it I would just explain that

Oo We tust want to know what the situation IS. 5

A“ Fhere are’ certain syraptoms W - Know follon. esses,

of hepatitis which.can be Ranvovedch by sa Sbove medica

tion. (78) “Lhey are. not necessanily duic to a marked

73a

De &. Acker, in. ~ Direet

. decrease in the How of liver bile. ‘There’is more to it that)

that, therefore for mic $O Say categor ally that i am treauung .

a decreased How:'ol liver bile. would be a most superti ial

stateme nit. ‘Vhat is w hy Ecant he detuute. —. :

st Can you give ‘the Court and jury any idea. as to

how long Mr. Kidd will remain unde such medication

“i. No, ait. ih :

oa *. “ECROSS een INO

By Mr. Me. \tee.

ee Doctor. I don't believe I remember how long vou

suid you had been im the-active practice here. ns

AD Since September, 1948, seven years. 2 .

oO Gardiplogy is your. speflalty right now: * .

bi biota cliseascs. Jot

“Myr. Kidd, 1 believe you said you entered the hos

oa on May 26, 1954, “and was Yeleased from the hospita:

on May 30, 1954. or a period ol about four days, is that’

correct? . it 2. . ae

_ Entered on May 25th and. discharged on May S0(h.

“O That would be five days: oe

oN Six days.

“QO Have you had a good | many hepatitis cases mm yout

pidfessional care ey? ee . ee

“A Several. pea . ,

(79) x 8 fs theac any serentilic proceddte’ or method:

at discovering whether or Hoty hole blood or blood as aASINa

cont: uns a a ca

LA ¥es,. sir.

c What 1s that procedure?

“XT ycan't give you a detailed account. IT am not a

taboratory man, but there is a differential. test- whereby

.

74a

. Dr. J. E. Acker, Jr. — Cross .

infectious hepatitis serum ‘can be ditlerentiated trom

hepatitis serum, .

~2Q , ahat isn’t my question. Let me go over it very

carefully: and slowly.‘ Is there any method, stientific or

otherwise of discovering whether or not blood contains a

hepatitis virus? | on aes sera

‘A ‘Blood? Pee SNC _ ;

“Q Yes, blood or blood plasma Virus.

“A Yes.

“QO What ts it, what is the method.

“AT couldn't give you the name of the method

“Q How do you know there is such a method?

“A T have read it. ae

“QO Whe reabouts?

‘It was in the Americ: in journal of. Medicine some

Fuss

time since 1950 in an article by Stokes, and. beyond that |

can't tell yeu because [I am: quoting trom memory of two

or three or four or five years.

(79a) °“Q You are testifying, and it is not‘a ‘catch:

question, but it is an important question — you are testily-,

ing to this Court and to this jury that there is a method of

discovering whether or not blood or blood plasma con

tains hepatitis virus? *

“A Yes, but no. practical method.

“Q What do you mean by that?

“A Well, one might empty Norris Lake spoori by

spoon. That is no practical method as compared with

letting the water out in the locks. It can be done, but it

‘is not of suffici lent simplicity with regard to time and ex

“pense to make it practical. ae

“Q If Lunderstand you right, you say there is a method

in detérmining the virus:

“A -Yes, sir. _

“Q. But you can’t tell me what the method is?

742

. Dr. J. E. Aeker, Jr. — Cross ‘o

4’ Can't give the name.” :

“Q And you can't explain the method-

ae I cannot, .

“O° Can you isolate this virus?

- ¢

I cant. | .

Q. Is there any method to isolate it?

“\ ‘That I couldn’t.tell you. — ;

QA, Dont you know as a matter et fact that there isn't

any way to isolate ity | .

(hy UA. FE said that] couldn't tell you.

“Oo want-to show you a public health réport dated’

“August 18, 1943, Vol. 58, No. 33 on the question of Jaun-

dice Following Administration of Human Serum, and

which was prepared by John W. ‘Oliphant, Surgeon, Alex-

aider G. Gilliam, Senior Surgeon, and Carl 1. Lawson,

Passed Assistant Surgeon, United States Public Health

Service. “This is a photostatic copy. If there is going to be

aly objection, I am going to have to get the original

decument. Can we agree we may introduce: this photostat? —

“MR. McAULEY: 1 haven't made any objection:

Mr. McAfee:

QO Have you ever seen this report:

“A° No, not that I recall.

‘QO Turn to page 1255 —1 will ask you. now to file

ihis as ENHIBIE No. | to your testimony. “Read me the

third paragraph as ul appears on that page. :

“MR. McAULEY: We will object to introducing it

iciats the mouth of this witness who has neither seen or .

tread the arucle. _° a .

MR. McAFEE: ‘I would like to tile that as Exhibit

No. 3. °

[HE COURT: . What ts. the objection there?

MR* McAULEY:. “We will object to introducing, it

76a

Di: J. E. Acker. ‘Ie. = ! . Cross ° a °

mach thie mouth: 6 this: witnesstwho has neither seen

or (81) read the article.’ ;

PH KE COURL: Well, are you ‘testing’ the witness, by

Vou examination: 4 ; oe |

MR. McNFEE: , Yes, youn WH OOr.

fHE COUR E: ‘Lemay be considered. iailics sil gentle.

men of the jury, as testing the knowledge of this Doctor

\ckér. It is not considered as substantive evidence in this -

case about the cliara¢ter of the virus, and so forth, about

whether or not the virus-may be discovered by laboratoty

methods. [t is not substantive evidence on that pomt. .

MR. McAULEY We concede it could not be so dis-

covered, ‘but this is a matter of gétting before the jun

the testimony of some withess who was not present, through

the mouth of a witness who neither seen nor heard, of the

pamphiet. He asked the witness to read it to the yery.

MR. McAPEE:. But he isn’t testifying, if your Honor

please, that there is no method — this evidence 1s that ther

is no evidence. That is testing his knowledge. |

MR. McAULEY: Wello he should bring that witness,

here. : : :

MR. McAFEF: . Counsel just now made tlie statement.

that they concede there is no known method of determining

ites VErus. - |

MIR. McAULEY: he presence of the virus. °

MR. MeAFEE: In the blood? a

(82) MR. McAULEY: Yes.

NER. McAFEK: | They concede that.

HE COURT: You dor | -

MR.. McAULEY: - Yes, your Honor. ‘That was stated

the very begining. | |

<THE COURT: Well, then you take issue with Doctor |

Acker’s testimony |

ala

; _ Dr. J. E. .Acker,. ie b Cross

VIR. McAULEY: I think he 4s mistakep about at. Eh

avs he is not. laboratory man. — ,

PHE “COURT: hen, ladies ‘and gentlemen ot -the

. jury, plaintifl does not contend that inthis case that there

is any method by which this virus may be detected 1p

ihe blood, and so, you will -considér that adimission .as

_ afact, that there is no method. Vhat is what you agreed to:

MR. MeAUCLEY: - Yes, sir, L. stated that in the’ very

beginning. 7 | | | |

MR. McAFEE: Ef they concede that, | wall withdraw

‘the exhib. Me - | |

THE COURT: Allright. So Sea

|

Whereupon,, the reading of the depotition was cot

tinued, }

Fhe Waitness:

“\ |] see thys. Could PI comment on we

& 4 e

Mr. McAfee:

(83) “O Vege > Re <¢

‘A dat-4943..at the time this was written the knowledge

of the medical projession «with regard to homologous

rum hepatitis was for all practical purposes in its infancy,

-Q) Will you read that paragraph?” :

MR. McAULEY: ‘That was the ssame continuing ob:

jection. coe sae a ae |

MR. McAFEE: ‘They have already conceded there is no.

known method. | JA

THE COURT: Don't read that.

MRo McAFEE: 1 will withdraw that.

MR. McAULEY: What ‘page are you on now :

MRUMcAFEE: © On page 16 now. |

MR: McAULEY: If see. os

MR. McAFEE: And then FP undertook to show | any

78a

Dr. J. E. Acker, jr. — Cross ,

other article, which -I will’ also withdraw. No_ need. ot

introducing it. He did say he had seen this second article

though: hatte oes ae is ee

MRMcAULEY: I don't object to reading the whole

thing. i a tee eae ae

THE COURT: Inasmuch as there is no issue on ‘that

question, why take up the time of this Court and jun

about it; there is no issue on it. Don’t read it. | .

MR. McAFEE: -There was still a third article which]

will withdraw withdut going into it since they concede

(84) there is no known’ method.

MR. McAULEY: Where are we now? —

MR. McAFEE: On page 19. |

(Whereupon, the reading of the deposition was, con-

tinued omitting the portions referted to.)

Mr. Me: Afee:

——$—$$————

x

“Q Isn't it a fact, well recognized by the medical pro-

fession that in all cases of transfusions the whole blood ot

blood plasma, that there is. always the possibility of the

patient contracting hepatitis, or a jaundice? ewe

“A As of the time he had his transfusion? -

“Q. Isn't that true, generally?

“A For whole blood, even to date, yes, for plasma, at

the time this man had his, since, no. ,

“Q Explain the last part of your answer.

“A To my knowledge, since this man era his-°

scrum hepatitis, the method of keeping pool plasma tor

approximatély six months before using it, has, for practical

purposes, eliminated the possibility of contracting serum

hepatir 5.

“OQ From plasma? ,

“A If it is kept -for that period of time. That is subse”

quent to what we are talking about.

o

: soapy 79a ee

° Dr. J. FE. Acker, Jr. — Cross -

“* z ° : a . : . .

“What do you say back at the ume this plainufl, .

Ir a took his? |

(85) “A ‘It was calculated risk.

QO. That is what J wanted | am going to ask you

ihis question. In other words, there ts a: calculated risk

hat person must take when they receive a transfusion of

Kole. blood or blood plasma that it might contain a

‘hepatitis virus, and they might get . jaundice of hepatitis

trom. It? j °

“A. Lets say there was. |

“QO There was at the time Mr. ‘Rida took his transfu-

sion:

. A His plasma. ;

‘QO And that was well known among the medical pro-

-iesgion too, wasn't it?

“A ‘Yes, sir. | | a ce

“QO Have you ever actually sdntinistet ed a transfusion.

i) plasina? ; Sone re 1a ene

fu) Wes, of.

3

= Of course ‘you don't know what plasma was given

ee ee pe mrteme ae can recmmepeeacrimnas

"A: No - | |

‘Q - How many different ways can a person contract

hepatitis, — what sources? 7

“A Ate we speaking of homologous scrum hepatitis? ~

‘Q) Yes.

“A By the administration of blood or plasma by the

Sb) use of equipment, which is just. what you want me

“tosay, so T wi go ahead and say it — by the use of equip-_

neat that has not been, adequately sterilized or processed,

DY the use of material previously used on, patients. with

-

3 e%

hepatitis, without adequate subsequent ‘sterilization, by the’

administration of certain vaccines, notably yellow fever

vaccine, such as occurved during World War IL. *

@

° »

ies. An =: 80a ai |

“Dr. J. E. Acker, Jr: — Cross .

“Q That 1s the cause of most hepatitis virus, isn’t it

\ § couldn't answer that. | .

QO You couldn't deny its i ka

“NX J wotildn'tsmake a categorical statement ‘yes 01

no en that. Don't feel-I am qualified to answer it, rot

shaving. made a statisticak study, as such. | °

“O “Can vou think-ot any other source you*could con-

iract 1t- ; : aa

“A ‘There are others, but those are the principal o Ones

‘that come. toimrnad -at the moment. it you have others.,. |

o -

might say I agree. ee

“QO Many others?

“A. | said there might be.

“OQ What is the principal source of infectious hepatitis:

. “AL Water, food, contamin: ited feces, contact with other

patients. . :

; =(87) oO C pul t person carry a virus hepatitis fora.

great length of time, and it would remain dormant:

“A Which ne ot hepatitis? | :

= Either one of them. |

“=A There Is a so-called incubation perrod- chien does

- Vary nce patient to patient, that is why we say 14 to 28

es days’ for virus, versus 60 to 126 for hemologous serun.

Answering your r question specifically, betore that, I could”

‘not Say. |

“QO Do you as whether it is passible for a person to

carry ; hepatitis for a.nuinber of years? .

“A, personally do not know. . a

“<2 Do you know anything about the history’ of blood

plasma, how it came into existe nce? |

‘\ Not in. detail. ees a

“OQ Isnt it true that blood plasma was used extens sivels

during the second World War to soldiers who -wele -

Sia

ot Be Acker, a _ _ Cross

wounded on the Casa and given transtusions when

they couldn't get the whole blood: 7

“A Yes, sir. |

°Q And it served a very,. very useful purpose in those

ae: didn’t it? eat 7 ee

“A. Yes, ot. | .

Q And saved many thousands of soldier boy’s lives? -

"A Yes, sir. ot

asp "QO. Wi hy do you give plasma and blood trans-

tusions? | 4 a es

“A Would you care to divide those?

‘QO Why do you admmister blood plasma to a patient,

what purpose does “it serve?

“A I personally haven t used it since I got ‘out of the

service.” :

“O. What about transfusions ‘of whole blood?

‘4 Transfusions of whole blood are administered for

‘the treatment of — you: want what I have used it for

mvselt?. = :

‘QO What is it principally mr for?.

——A- Principally ased to aeplace. red. biood cells.

“QO Where a patient has lost a lot of: blood?

“A Where a patient has an inadequate. amount of blood.

) Where he has bled a lot?

“A Nat necessarily. °° : prs

°°Q They use it for pfoele in extreme cases of shock:

‘y

4

2X Yes, sir. a:

) know. any other use they give it for?

“A We are talking about blood now?

“QO. Whole blood or blood plasma?

TA It is administered fot replacgnent a red blood

cells. Jt may be administered for many reasons.

89 "QO Did I understand you to say’ you had never

given blood plasma to a patient:

82a

r Dr. J. E. Acker, Ir — Crags

“AS Since 7 got out of the service, tOgny recollection

“Q Are you tamviliay with the :plasma manufactured

«by Sharp. & Doline ni amed Lyovac: eee

No, sir. Eek eave Ot .

“hk

“O Are you Sue ree with that blood plasma?

“A No, sir, ee

“YQ. Have yott ever seen that plasma?

~/ FA. No, not to my recollection.

) Were you in the army?

“A -No, lL was in the navy.

—°Q Did you use plasma extensively in the pavy when

you were there? ree hg .

“A 1 wouldn't say. extensively. [used it on several

occasions. - °° . ai ka

“O The plasma you used, did. chey hare a little booklet

of instructions, calleng your attention. to the risk that was

_ involved? ey

"AC TL couldn't tel you, bécause when I uct at, it was

ins times of great stress, and we didn’t bothes looking at

instructions. We all knew from previous knowledge |

was a calculated risk... etme pessisistnstnscetnamanenesiinatenassaaniati

“O You know -Dr. Br ashear, Stevens and Bourkard | here.

— in Knoxville:

" “A Yes) sir. ete oe P

; “O How do they stand with rderence to their repula-

tion? * ..

. “A-—-High.

iu “QO Very fine doctors, aren't they -- ee

“A: Yes. J

‘te i- understand you to siy a few minutes ago’

that you could ascertain a method of procedure from sonit

- of your medical books as te discovering virus in 2 blood

donor or hepatitis virus in a blood donor: :

‘A I didn't say blood danor, I said in blood.

S3a | ee oA hy

: Mr. J. E. Ackess Ir. — Cross

‘ .

“0 Betore it: was given ina trsf{usion?. .

“AS 6 f believe IT can... ¢: ee ae

“0 I am going Lo oie you to do'that. I am going to

ask you te find th: ut method, ci that procedure, and for that,

purpose, and other pri poses, and 1 am going to reserve

further cross examination of this witness.

MR. We: AU i oom } here was no’ further cross examina-.

_ uON.

MR. McAFEE: There was no further finding of any

procedure either. ; Se -

MR. McAULEY: We have a medical Wittiess who is

going into surgery at 1:30, and if we -put him ‘on at 1

oclock it will ‘be ‘appreciated. I thought if we’ (91) ad-

journed. until | we could get him on? ze fe

IHE COU RT: Is it an emergency operation?

MR. McAULEY: | I don’t know; your Honor.

MR. MARSH: He stated to me he had an operation

scheduled at “1:30. oe |

THE COURT: If-it is: not an emergency this. jury

— ought to have more than an_hour and five ‘minutes for

MR. McAULEY:. We will find out if it ts.

' THE COUR‘D: = All I Want to know is will it affect the

patient adversely if we adjourn here until Po. ae oe

going to jeopardize — | .

MR. MARSH: We can go ahead and put him on at

:15.. What we had to ask him. won't take 15 minutes.

THE COURT: Ladies and gentlemen of the jury,

of course throughout the trial of this case don’t let anybody

ialk to you and you will not undertake to reach a decision

unul you have. heard the evidence and the argument of

‘“ounsel and the charge of the Court. —

Genilemen, if you have any special aperey I wish you -

wuld get them to me. Tf you have any now I would Tike

.

84a.

; Proceedings

have them: a you do not. have them now, get them

o ” 2 te . co

to me as soon as possrble, not latgr, than seon alter ‘tie

LeSUaHONY Is concluded. a

Adjourn Court until 1:15. -

(92). (W hereypon., at 11:54 a... Court rece ssed tf tor the :

noon dour until bil) pr: mm.) ”

: : Y ¢

(93° \F 1ERNOON SE SSTON

(Whereupon, at 1:17 p.mn., Coin reconvened and the

lollowing proceedings were had i mn the presence of the jury,

to-wit! -

THE COURT: > Gall VOUT HEX Witness. ,

~MR. McAULEY: We have two witnesses here who

have not--been sworn. your Tlonor, eae

e

.

(Whereupon, the’ witnesses were sworn, and the rule

having been asked’ for, excluded trom the courtroom. j ,

MIR. MeAULEY: Tf the Court: please, 1 would like

at this time to read into ‘the record from the dictionary

the definition of the terms’ “filthy” arid “impure.”

Andterthe record, Lam reading from the new Merriany

“Webster, Webster’s New International Dictionary, Second

Edition, Unabridged, Page 947, definition of the word

“filthy. “Tt hes quite a few definitions and T will just read

alt of them. “) the Court please, + bh *.

“Filthy. ot. Qefiled with -fildy: iether material or.

moral, nasty; disgustingly dirty: polluting: foul: unpure

obiscene. 2. "in the other sense — “disgraceful: disgust:

‘ing: low.” eT fn. Ti ie

— Synenyims. “Scqualid, unclean, gross,” licentiows~ Sec:

DIRTY.” - 8 ae |

Antonyins. “Clean. See IMMACULATE.”

One of the definitions Peing impure - would now <4)

like to read the “definition of ‘the word “impure.”

a .

ees (eee, 38 :

e’

. Proceedings

‘Impure. Not pure: specifically: a. Containing some.

thing which is unclean: dirty: foul: filthy: unwhplesome.

‘as. impure water or air. b. Mixed or impregnated with

something extrancous, especially: infetior: adulterated: as,

wipure drugs, food, et¢.; an impure diamond. c. Of art.

otc. mixed: bastard: as, an impure style of ornamentation

d Unelean, in a ceremonial sense; not. purified: hence.

defiled: urfholys unhallowed. ¢. Unchaste: lewd: unckean!

"+ obscene. as, impure anguage or idéas. {. Not Sreattene :

nov idiomatic: as,.ampure Latin.” | GA. F gh

\nronyims. "Pure, wholesome, unadulterated: inne

cent, clean.” ‘ ;

I believe it is the rule ‘that the Court’ takes judicial

knowledge of the standard works such as the dictionary,

Doctor Roy A. Wedekind, Jr. ‘

called as a witness by.and on behalf of the plan,

till. after having been first duly swoon’ was exam

ined and testified as foliows:

, DIRECT ERAMINATION ee

By Mr. MeAuley:

O You, are Doctor Roy A. Wedekind:

A That's right.

0 Doctor, where do yoy maintain your olfices>

" (5) A. Flere in Knoxville. ou

J. And how'loug have vou been a practicing physicians

A Two and ‘a half years. ae |

9 Where did you graduate and take vour medicad

ning? ee ae ne | :

is took ms medical training at the Urrivérsity ot ben

esee, College “Of Medicine. Memphis:

QO And graduated whens

ro

“Sha ae ee

< Dr. Roy A. Wedekind, Jr. — Direct

A PGSM. E 7 ; |

“QO Do you limit your, pri aclice to any partic “ae held ot

medicine: 7

A. No, sir, Ido not. — . es

{ \ gener i practitioner: “s

2

\- . Yes, sir, ie

(3 Doctor Wedekind, are you familiar with the tse ob

normal human plasma, irradiated, tn connection with the

treatment of diseases ‘and in cases involving the loss o!

blowd-

. #es,. Sir. .

© Will you tell us whether or not such plasma ts, ot

maybe is; or may contain the virus of serum hepatitis:

A It may, yés. sa ¢ :

Q Doctor, | will ask youcit in your opinion such 2

prasmia which is so contaminated would be, deemed to bx

adulterated: . al

(96)° A- Yes, sir. . |

QO» And would the substance with which itis adulterated

e

be ‘deemed to be hithy-

QA Speaking of the substance that was causing the hepa

Litis ey

QM “Yes, sir..’ 3

\ Yes. sir. ; ; .

. : Dd ; 2

MR. MceAULEY: You may. ask him:

CROSS EXASTINSION,

By Mr. Melee: re

QO Doctor, fave you ever seen any hepatitis virus?

_ .. * Pardon:

. Have vou evel inspected and ‘actually seen a hepa;

titas Virus~ . ; , ~~

\ No, sir. os , . . : j

t - 3

ri 87a , - 2 .

’ Dr. Roy A. Wedekind, Jr. — Cross

Q Isn't it true, Doctor, that it cannot be seen?

A Pardon: carte a ae °

Q Isn't it true that this cannot be seen?

A Most viruses, I understand, are able to be photo

gaphed with an: electron microscope: for instance, the

virus of polioniyelitis. : Se. 33

| Q Have you ever isolated hepatitis virus:

\ No, sir. ;

Q Asa matter of fact, it can't be asolated, can it:

\ | wouldn't know, sir.

(97) °Q°- Do you krow of any procedure or technique |

by which you could treat blood or blood plasma so as to. by

destrov the virus?

OA There’are seve? il procedures that are c ried out.

QO Is there any procedure, Doctor, that will defutitely,

destroy hepatitis virus beyond any question?

A Beyond-any question:

Q Yes, sir. .

A | don'y si anthing in medicine that is 100) per

QO I didn't get that answer.

A. | said I den't know anything in mmedicine th: tis 100

persceng. ' | "

Q But isn't it true, Doctor® Wedekind, that there is no

way, no known method to desttoy, a virus in the blood.

wholy blood or ‘blood plasma. without de stroying the plas-

ma itself? ;

#\ . 1 do-not know, sir. oO

Q You do not know. Do you use plasma in your

practice, Doctor? ai - | | .

\*At times, yes, sir. .

0 You consider it bene hie afin the pr actice of me dicine’ hs

A At times, “Ves, Sil.

s'

SSa

Dr. Roy A. Wedekind: Ir. — Cross

Q) Doctor, what is the ditlerence between homologous

(98) serurm-hepatitis ‘and infectious hepatitis:

A. .Clinieally, I] would say the ‘patient has a fever

| Q Yes, but what is the diflerence? “Vhere.are tv.o Ly pes

ol hepatitis. What is the difference between homologous

gerum. hepatitis and intectious hepatitis:

‘. It as a diflerence of « pidemiology only.

aw

val

> What do you mean by that:

: by that statemene, T mean the difference lies ih how

the virus catered the body, whether by the-gastro- intestitial

tract, such as the drinking of water o1 by some injection

that would be given as it would be in a serum hepatitis

QO “How im: Any dite rent ways can a serum hepatitis 4 Virus

“enter the body? :

\ if it were by mouth, of course, it could be iny Mat

manner. Phat is not the usual method. Usually. it is by

INgJECLION, .

QO By injection:

A Ves; sar. |

QO Do you know someé ol the causes or the sources, from

which this scrum hepatitis can be obtained:

\ It has to come trem someone who has hi id the disease

QO ‘Could a person contract that serum: hepatitis ‘Virus

from an unsterile needle which had been injected into

another persons arn ;

(99) A Belore or alter:

Re Belore: . P

4 4df the others person had infectious ° hepatitis then

that needle would be contaminated with this virus: yes, si.

Q. Anda person could contract serum hepatitis virus

from an unsterifle needle in that fashion:

A: Yes, sn |

QO Doetor, what is the Incubation-lor scrum hepatias’

NA dt varies tremendously, sir.

?

89a ) .

7 . ' _ Dr. Roy A. Wedekind, Jr. — Cross”

ae does?

X= Yes; sir.

Q What are the periods:

\ [think it is generally accepted as 60 or 166 days, 180

days. oot

QO What is the incubation period for infectious hepa

At) Generally accepted as roughly six weeks.

Q About six weeks? |

A Yes, sir. |

QO Doctor, if. a person had not received a transfusion —

al blood plasma. or whole plasma but in the course of 60

davs he would have a case ol hepatitis virus, what would you

av caused that hepatutis? *

A) You say-he had not had any serum —

QO Yes, sir.

(LQ0)- A —or plasma?

e L

Yes, sir.

:

A What-.would Tsay had caused the hepatitis:

ie (Se ; P . | :

\ Jt would be based prin ita on history. Hf there

WETE a history of a needle injection =

) Tam assuming that he had no injection.

1 No injection:

{) No, $iF. ie

\ That is ditherent. |

Q And. within a course of 60 days he contracted a case

ot hepatitis, what wouid you say was the cause of that hepa-

ULIS: | .

VIR. MEAULEY: Sixty days from what, af the Court

QO (Continuing) Well, trom the day he lett the hos-

pial. Assume that he was ‘in the hospital but he had had

UGA .

Dr. Ros A. Wedekind, Jr. — -Cross

no transfusion. ol any kind. cither ol ahole blood «

plasma, 60 days alter that time.

\ You mean, in other words, a healthy person without

any hayection

Q Yes, su

P. Sixty davs later developes clint ally a hepatitis.

hepatitis, what would IT sav caused 1

7) Yes, sivl ‘ aa

(100) \ LT would say it was a virus hepatitis

© Would you savan infectious hepatitis’.

)

A Tf there were no history of iingection, certainly

OQ Let's suppose he had an injection and ot days late

he Fie 22a hepatitis. What would you say caused that

~

\ He had had aur: mistusion, now:

Q) Yes AR od . ; , *

“Or some pi. asa tr anstusion:

Pe TES.

“A Ttas- possible that that transfusion was contarynated *

with the virus. . .

a3, But int at also possible t that even thougly he had

hi \d ie Oe instusion th tL he coule l, hi we contracte ‘dd Hic hepatitls

1 } i

through the mouth: through food. water. and @t would

still be infectious hepatitis, isnt that trues °

. Yes, sir. | ! : .

Q, So. from a diagnostic: point: of ‘view, there 1

uM

haar

difference between the Infectious hepatitis and the se

hepatatis. is there:

A Lthink we established that in the ‘first question Yes

sit.) . ;

QO Doctor, you say that Ll vour oprmo0n a he; patitis ViIUs

isa filthy substance:

AAs the ictionary points out. an impure substance

(102) yes.

i Al i i ie Ma

Ola

Dr. Roy A. Wedekind, Jr. — Cross

Q Are vou just taking the dictionary meaning of if

ar are VOU Using Your own meaning OF Your own definition:

- For what now: : 7

“Q) Whether or not it is filthy:

\ Whether the virus scl 1s filthy:

() Yes , :

\ We are speaking of a virus or something Contaming

i vibus: |

QQ T-ani speaking of the Virus.

\ the varussis.. itself, personally, is nowvhithy

) \o varus atscli is not filthy.as that correct: .

\ thatistYue. Phat isimnimyown opinion how I would.

describe it sc aneorhe) physician. 2

QO Phat as what I wanted, Doctor. Now. then. what

about a virus in smallpox antitoxin, avould you classi

that as tidal: oe ¥ el

\ooIn smallpox ‘antitonin:

QO Yes.

\ Lhat is an attenuated efus.

‘0 Would that be filthy:

4 Not as long as it. was. aitenuated. an

Q That is beneficial to people, isnt it, because 1 pre

vents smallpox: .

A eS, sir.

M3) GQ Doctor, Isnt at true that when a patient ti oe

etranstusion there Is alw. Ws a calculated risk involyed

ontractineg hepatitis:

A” Vee ees

Q That is a caléulated risk that is well known an the

medical profession: ;

A You.are speaking of a whole blood transtusron-

QO On blood plastna. |

\ Lhere is a calculated risk. yes. sir.

.

Baca as ' . 92a .

‘Dr. Roy A. Wedekind, Jr. — Cross

QO There is a calculated risk in both. instances, isn't

‘there, Doctor? -

A ‘The amount of risk is different. however. betwee

a transtusion and a transfusion with pooled serum.

QO But itis a calculated tisk in both instances, isn’t it,

Domree. ae 2s ss ,

A Yes, sir, | ie ‘ -

Q And that is well known sunong the medical’ ‘pro.

lesstone

A Yes, sin

Q And when a doctor gives a trans{usion of: either

whole blood or bleod plasma, he gives it well kndéwing phat

calculated. risk: . |

\ Yes, sir. We don’t use the transfusion on scrum: We

call that refusion. ‘Pransfusion’ is blood. :

QO Now, Doctors isn’t-it true that blood plasma can

only be given or dispensed under a doctor's prescription:

OP) A Yes, sit. |

You doh't gO out on ive vearket and buy blood

plas asina like you would buy aspirin tablets and things: like

that? - |

A don't know where the Red Crass obtains it but

they get a whole lot of it.

QO But it ts only given under a dac tor’s ‘aia ora

A Yes? sir.

Q You say you have used plasma in your practice?

A Plasma-z

Q. Yes, sir. : |

A Not in my practice. IT used it when I was in training

Q What plasma did you use? ae

A I took my taining at the Knoxville General Hos-

pital. I couldn't tell you except we used the plasma. It was

prepared there at the hospital.

+ Q> Prepared there at the hospit: al?

ees enna eneeee

93a

Dr. Roy A. Wedekind, Jr. — Cross

A Yes, sir.

MIR. McAFEE: I believe that is all.

REDIRECT EXAMINA PION

“by Mr McAuley: Va .

~Q Doctor Wedekind, d believe you did state that plasma’

which was virus-tree or contained no bacteria.® would: be

considered a pure of unfilthy or proper plasma, is that

correct: -s ee ;

. . ,

(105) A- Yes, sir. 5s : ot ee

QO) Lt that same plasma does contain the hepatitis virus,

I believe you stated that in your opmion it would-be an -

# impure virus?

ee ee as :

QO And therefore that was ni that scnse. you say, filthy:

A Yes, sir. |

MR. McAULEY: ‘That is’ all.

RECKOSS EXAMINA TFLON

By Mr. McAfee:

*

Q But you said in yeur opinion, in your opinion as a

doctor, the hepatitis virus was not a filthy substance.

A, In my description as a doctor of the word I wouldn't

consider the word or organism itself as filthy, mo, sir, just

uke L describe any other object. °°

~O Doctor, if vou can’t tell in advanceewhether or not

blood contains a virus. then you can’t tell whether the

hl, . . .

vlood is pure or impure, can you;

\. Speaking of whoie blood now:

Q Yes, sir. I

1 No, sir.

9 You cannot? . :

- By the Court:

Y4a oe

© Dr. Roy A. Wedekind, Ir. — Recross

\ Now, let me quality that statement, with respect to

the virus as to contrast whether it is pure or impute |

(106). Q You could not tell?

A That is right.

Q [am not sure I understand you, or that the jury

understands you. You stated..that the virus itself was not

filthy. “Am | correct im that understanding: a

A Setas a medical statement. I mean, if I were talking

to someone I would not refer to a virwts as being filthy. |

would refer to it as being a foreign body: Filthy 1s a word

I mae often use. |

> How is it considered in the medical profession ot

A scientific professions, how is the virus considered>

A I think it would ‘be a matter of opinion, or word |

you use most frequently, I} another person was describing

it as filthy, | would not disagree with it at all.

Q Well, if it 1s not filthy in-and of itself, do you Say it

is ag when it is a part. of blood?

- T would say so. yes, sif.

é How do you make the distinction?

\ Well. I admit that is a personality trait. In auto:

mobiles, some person? might say one is attractiye, and that

is how it appears to tha { person, mi iybe not someone else

THE COURT: © Either side may ask him any furthe!

question that you desire.

(107). ~ RECROSS EXAMINATION

By Mr. McAfee:

Q You do say that in the medical prefession it would

not be considered as filthy:

A By me? :

QO By VOU.

95a

Dr. Roy A. Wedekind, Jr. — Kecross

\ Yes, just speaking as generally some people might

cg) toate. ; °

Q. But you would not consider it filthy — |

\ Speaking of a virus itsell ora substance containing

it? : o

Q The virus itself. :

)

1. No:

()

the virus in the blood, imipossible to: see it, linpossible to.

Nnd if you did not know, and you could not see

detect it, that it is in there, then-you wouldn't say the blood

was filthy, would your " | .

\ You say it is ae to see it. T agree with that,

with the naked CYC. , |

Q Tf it is impossible to see it, fit is impossible to. 1so-

ate it, then you would not even en the blood filthy,

are you? ee sas :

\ Now let-me go through this thinking process again.

You are saying that since we can't do — well, let’s put it

aditterent way. It I had a bottle of blood and [ (108) ‘was,

told it was in there, I would say it is filthy, mot fet for use.

O They have admitted that we cannot detect the pres-

ence Of a virus in bloed. Now, if you can't detect it in the

slood, you wouldn't say the blood was filthy, would your

, Tf I don’t know it is in there, no, vi

MR. McAFEE: ‘That is what I-wanted.

ov the Court:

O Can it be detected by microscope: , ‘

\ An electron MICTOSCOPE, | am sure it can

QO You are saying it cannot be detected by ‘the human

\ That is right.

UO Bat it can by instruments:

an 96a

Dr. Roy A. Wedekind, Jr. — RKecross 7

A Atrelectron IMICTOSCOPC, yes sir. A virus is a filterable

particle, through a filter. +—~

MR. Me AFEF: It-has been ea the very reason

—That I I agreed to take out the pamphlets. It-has. been con-

ceded by the plamtiff that this virus cannot be detected

under any circumstances and that is true.

There is no scientific, according to the authorities, the

latest we have, there is no scientific method that it can be’

- detected and no scientific method in which it can be_elim-

inated. i |

(109) THE COURT: In view of that testimony, do

“you want.to refer to the articles? }

By Mr. MeAtee:

Q Doctor W edekind,. you testified a-few minutes ago

that you did not know about whether or not it could be.

climinated, didn't your, |

A “IT can't ‘remember specifically. To “the best of my

knowledge it can be eliminated by a per iod. of prolonged

c orage. : 75

@ You think it can? tak

A I think I recall reading that.

QO Where did you read that?

A TL have forgotten now, sir. I read so thany Medical

Journals, I don't remember.

Q You’ * don’t even know where you read

‘A No. I am sure if I read it it was in one of three

or four publications though. |

Q Doctor, it was once thought it could ‘be eliminated

by radiation, wasn't it? |

A’. Yes, sir... -~

Q But they: found out that it ceniid’ t?

‘A That's right.”

Q And it fiasn't been proven as ‘a fact it can be ¢elim-

Via

<? Dr. Roy A. Wedekind, jr. — Recross

mated by keeping it at rooin temperature for a long time,

has it, Doctor? | |

(He) .A- 1 don't know.

Q You don't know:

\ That's right. — eS

MR McAFEE: That jg all.

REDIRECT EXAMINATION

By Mr. McAuley: ae

QO M: iybe there is an analogy here,

! Honor, of <

virus. Let's get a fewe sizes tip into. the’ bacteria category.

Sav eerie whatever it is. ‘Phat is a bug that cin fe seen

under a inicroscope?

A. Yes. sir.

QO Can't-be seen by the naked eye?

m

No, sir: +. ae

QO Suppose you got one ol those bugs under a micro-

“ope and you see it nice, big. healthy, wiggling around,

is in that sense that you say that thing ts not filthy in -

and of itself under a microscope: is that what ] understood?

A In and of itself, it is just another living organ.

“If you take a piece of -sousemeat and sprinkle ‘d it.

liberally with the bugs, and 1 will ask you if -you would

consider that to be contaminated?

\ It surely would.

QO And it is in that sense also wins. virus in the (J 11)

plasmas

\ That is right. —,

MR McAULEY: 1 think that is afl. ‘

IHE COURT: Mr. McAfee. in view of the doctor's

letimony, T suppose yeu desire to read the articley.

MR. McAULEY: ‘The matters referred to this morning

orany part of thenr that you may desire while the docton

<

98a | f

Dr. Rey A. Wedekind, Jr. — redirect jf

‘is here, if you want to preduce them to him, you miay do so. .

“THE COURT: “At the time the Court made the ruling’

this morning he did ‘not know the turn that the ‘case was”

going to take. - PPAR ac cae

MR. MtAULEY: IT might state, Doctor Wedekind, we

will concede that — and we certainly don’t.mean to take -

issue with you, but for the purpose of this lawsuit, that

it cannot be detected. We concede that for the purpose oi

the lawsuit and in view of the doctor’s position,

RECROSS EXAMINATION |

by igs McAfee:) oe

Doctor Wedekind, do you know Roderick Murray,

Kale Cliel, Lab@ratory of “Biologics Control, United

States Health Depaitment? 3

‘A No, sir, I do not know, the gentleman.

© If want to read from an articlé prepared by lim. and

seé if you agree with it. ba

MR. McAULEY: For. what purpose, may +E inquire:

(112) We-will object to hearsay testimony.

“MR. Me. AFEE: Fy is testifying in his opinion about

keeping it at room temperature would destroy it. You said

{ could read this. :

THE COURT: Go head. This Is not substantive test:

mony, ladic$ and gentlemen of the jury. He is testing the

witness by reading from, certain pamphlets, testing the

‘knowledge of this witness, and you will not consider what .

he reads as substantive testimony as prdof of the things

about which the arucle states or prool ol the things in the

article.

MR. McAULEY: Might the doctor, he says. he can

come back in an hour. He 1s’ needed in an operation. As

-. OYa

\

Dr. Roy A. Wedekind, Ir. ee Recross

far as we are concerned he can read whatever he @vants Lo

read. | - a rae

MR. McAFEE: Hf it is agreeable with him, just ket me

ble all this material. into evidence as exhibits.

MR. McAULEY: Purely as. a matter of testing thie

doctor's credibiluy. All right, sir, . .

MR. McAFEE: I want to tile this permit signed by

Mrs.. Kidd ‘as Exhibit No.. 3.

(EXHIBET NO. 3 was filed)

“(EXAIBIT NO. 4, being Volume 31. May, 1955, No.

», Bulletrn ‘ol the New York: Academy al Medici ine, Was

oe ; .

(113) . (EXHIBIT NO. 5, a photostatic Copy of an ar-

ucle published, by the “Committee on Medicolegal- Prob-

lems of the American Medical Association on: the’ Subject

- Medicolegal Aspects of Blood ‘Transtusions” was filed.)

(EXHIBIT NO. 6..a photostatic copy of an article on

faundice Following Administration of Human Serum pub-

sce in the Public Health Reports, volume 58, August +

. 1945, No. 33, was filed.) :

“EXHIBIT NO. 7, a photostatic copy of an article on,

Viral Hepatitis: taken from the Diseases of the Digestive

“System, Rhird Edition, 1955, was, filed.)

(HE WITNESS: Would you like for me to read that?

MR. McAULEY: No, only.if Mr. McAfee. desires you

to read it. oa A ae

MR.-McAFEE: No. )

(Witness excused.)

LUUAa

Doctor John H. Burkhart : *

.« allodgss a withess by and on behall of ihe pli untill,

altemiaving been first duly sworn, was examined

eo

and testified as- follows: ne

DIRECT ENAMINAELON

By Mr. McAuley:

“QO. You are Doctor John Ho Barkh: arty

\ Yes, sir. ~

QO Where do you maintain your: offices?

(4) A 3011 North Broadway. Knoxville.

Q Would you indicate vour medical background and

trang? | ‘s

X Well, 1 graduated from othe «University “ol Ten:

nessee here at Knoxville, pre-med, 1941. 1 graduated trom

the University of Tennessee. Medical College in Memphis

in 1945, and one vear internship at. Knoxville General, two

years in the medical offices 1 the army, one year residency

in internal. medicine at .Knoxville General, and- began-

private practice the ist of July. O49, aft

Q Are-you a member of the Knoxville Academy -o!

Medicine? eer

A * Yes, sir. me | :

Q And are you on any committee of the Academy:

A Tam Chairman of the Public Service Comniittee 0!

the Knoxville Academy of, Medicine.

Q Doctor Burkhart, are you familiar with ph sma, that

is, Normal human plasma, dry plasma. irradiated blood

plasma? | | .

A 'To-ssome extent Tam familiar with it, ye., sit.

Q. And are you also faimifiar with the use ol whole:

blood in transfusions? — . 2

" A. Yes, 3h

oO Mer es ee a

* ; , Dr. “John H. Burkhart — Direct: * aii ene iat

Q And, I believe, Doctor Wedekind indicated that

in connection with the use of plasma the term “refusipn™

is (115) used? ‘s

.

\ [hat- ts correct.

0) Doctor eee | would like ‘to ask you this:

Assume ‘a bottle o { plasma, ‘restored plasma, here. which .

contains the virus of hepatitis’ some hepatitis, I owitt ask,

vou whether or not iti your opinion that bottle’ of plasma

contanming that virus would‘or woald not be considered to

be impure, adulterated, filthy, lor use in htiman beings?

\ Yes, } would say it is. > fi

WR. McAULEY: Yo may ask him. -

CROSS EXAMINATION

By Mr. McAfee: "| .

Qo Doctor, what is hepatitis virus, can you,describe it tor >

~

,

usr

\ Well. ama practicing phy siclan and-not a bactes ae

gist or a biologist, and so Tam ‘not as familiar with it“as |

would be rf [ was that type of pr actitioner.

Bit a virus is a little organism which is capable of piss:

ing through a very fine filter. It is fine or finer than would.

be- NECESS. wy to tr ap a bacteria, sty, one-or the other typos

of organisms that can invade human tissue, and it is capable

Of transmitting disease. In other words, of living as: a

parasite in human tissue. That is the definition as best q

can give’ it now, Of virus in gener: al.

(116) ‘The spec ific Virus you asked about, the ane that.

CAUSES hepatitis, iS simply the sitine type ol. virus which

hasan afhinity for the liver and maintains its disease process

there. ae

QO, Are you telling this Court and this jury that in your

opinion as a doctor that the virus itself is a filthy substance:

A- Jam not sure what the definition is of a sage sub-

"}02a - cr

Dr. John H. Burkhart — Cross

stance as pertains to this virus, but it isan impure substance

vid PT would say it was a filthy substance: yes, sir.

~~ QO Would you say the virus us Spepes Vaccination

al

.

wotud be a filthy substance?

\ NO, sit

QO ft would not? :

A: No, sir.. ae PBN riety, ee

OY Isnt it a substantially similar yirus, that is, to the

Hepatitis. Virus; En .

\ Well, yes. it is substantially the same, the way you

are using it there. It would be the same in that sense, You

Wwould be usmg it in a pure culture of virus. and there

isa difference in my wav -‘of thinking in something ‘that

contaminates another substance than’something that is used:

In 1ks putre state : |

-O Docter, vow can’t detect a virus in blood, can +117)

\ No. eo Hs.

. : we se : ‘ : .

) Phe hepatitis virus: ;

\ > No: .

d And sher is no Way to remove it from the -blood, no,

treatment, practical treatment known among the medical

profession by which tt can de removed? — >»

\. Not to my knowledge. there is noi. .

© ‘Then. Doctor, how. can you say something that you

cant detect. something that you can't remove,-could be

filtered within the meaning of the medical profession as

vou Use IL? 7. 4 eae i A a

\. Because it-is not a nérmal Constituent: of, human

blood vey,

2Q Do you usc plasma in your practice?

: Ves, tir... . . |

© De vou think it is a beneficial remedy to be used

.

in the medical practicg, is is not?

- ; 4

103a

Dr. John HL. biaditiact — Cross

A Yes, sir. yng —

Q But at the same tine Vou are saying 1b ts Ailthy ail it

tANS A VITUS? ” . |

\ If at contains a virus, yes, iv, | f

Q Doctor, the fact that plasma, or for that matter whole

Hood: may contain a hepatitis virus, that fact is well known

s#iong the medical ygrolession isn’t ity,

(lig <A Yes, sir. |

—Q Plasias ys used with a great deal ol success and

bench dofing World War It when. they gave it_ toe

wldier beys out on the battlefield. =

\ Yes, sir. | ;

Q What is the advantage of using plasma over the.

whale blood, Doctor:

\ Well, the first value is its availability. Whole biood

ws to be cross-ematched for one thing and. has to be com:

yalible wath the individual who ois receiving it. ,

In other words, there are three types and then, there

we several sub-types which makes it necessary to . match

the patient's blood against the telood being give 1 and see

that they aré Compatible: ‘ ° |

Plasma does not have to be CYOSS- matched bec: ause there

ire NO speci hie antigen and antibody, *wWaction between

lasma In one person and the pooled plasma, which ts what

ay human ‘plasma: is .

So the first advantage Is im availability - without having

to be cross- matched and going through that process. An-

other advantage is that what you: are actually trying to

lsre when you give plasma is circulating’ volume ‘to

build up pressure and bring the patient out of shock rather

Pogthan overload them with red blood cells. ai

Q And as you say, rather thant taking the time of (119)

nunning all the tests and matchin: Ig the blood for a whole

—‘104a

De John H: Burkhart — Cross

biood transfusion, you go) ahead’ and give them blood

plasma promptly? : . , |

A. < Fes; Sir. . Weeine :

°*.Q And..as a matter of fact, in’ that mayne) Hany

thousands of lives have been saved that wouldn't hg ehyen

“is that correct?

A» Yes, sir, | |

A -4t 4s generally considered. among the medical pro

fession that Ikiood plasma is a fine and important nedica!

remedy in-use today: i

A ¥es, "sir: ae

MR. MeAFEF: ‘Chat is all.

MR. McAULEY: Thank youtvery niuch, Doctor Buti

hart.

(Witness excused

THE COURT: Mr. McAfee, do you: want to have

read that part of Doctor Gunie’s testumony that ft kept vou

- from reading: You can do so because of the testimiony o}

this doctor and the other. il*€ou desire to do so.

~ In other words, T cut you off this morning because |

did not know that anvbddy was going to make any poi

about a-virus not being discovered by anybody

MRO McAULEY: We still concede. it can't be, you

Honor. | .

(120) ° MR. McAFEE: - In view of that, if the Court

please, at seems to me they have a concession on this test

mony here.

THE COURT: T think so, but TP wanted you to know

you were not being cut off from any testimony that you

wanted to read before this case closed. P want to make that

clear to you. : eo | ‘

MIR. McAFEE: ‘Phat is ‘all right. 1 don't think 1 is

necessary in view of this Concession.

THE COURT: Neither do I.

e 5

Be og 5 1054

, Proceedings

MR. McAULEY: We don't. ;

MR. McAFEE:- In vidw that it can't be detected.

MR. McAULEY,.. We do not-think that has any place

ain the lawsuit. eee

[HE COURT: Cali your next witness

, ‘ Mis. Ann Douglass

ee as a witness by and on behalf of the plamnutt,

alter having been first duly sworn, Was examined

a testified as iollows:

DIRFED EXAMINATION

By Mr. McAuley:

» You are Mrs. Anne Douglass:

\ Yes, sir. :

QO Mrs. Douglass, what 1s your oct upation:

\ Lcam supply, room supervisor at St. Marys (121)

Hospitad. ; :

Q St. Mary's Elospital, supply room —

1 Yes, sir. - _ 2

QO How: long: have you been connected with Sf. Mary's

Hi SN} pti al?

\ Weil. | have been sonnei this last | time tol four

{Cars . :

Q And. have yor. been there pt ior to that: .

\ Yes. IT have 1 there tor something around 20

vearse Not alt of the aie together, but T suppose ali ry

time put together would be about 11 on 1 years.

O- Mrs. Douglass. I wall ask: you this: "Do your duties

have to do with the cleansing of needles and equipinent,

operating equipment, knives and the like:

Hate ee a | .

QO Out there at the hospital:

— 106a

Mrs. Ann ‘Douglass -— Direct

A That's right. 3 .

Q That*has to.do with needles and the like other than

heome that come under Mr. Norris’ domain, I believe:

A Well, the laboratory is a separate Yung from the

supply room ‘They run theirs themselves. - My. supply rooni

cavers the entire hospitat and the treatment, of patients

*

after they leave stir; gery. :

Q And the, laboratory people do their own cle dnsing

on their own equipment? ‘ ¢

(122) A That’s right.

Q Bat your tunction covers aia entire hospit: il:

A Yes, sir

Q Will you tell the Court and jury, Mrs. Douglass

just how it is that these needles that are used there ar

cleansed: what is the procedure:

\ Well, of course néedles are used only one time ona

patient, and we have a great many needles, of course, that

are used all during the day and night. And alter they are

Use ‘d on the patient they are retarned tothe si ipply room .

and we put.them to soak in a zephir: an solutien, which is

lor pur own protection, and after they have soaked for

a time, why we have a syringe that we first clean the top ol

them with a little power brush —

Q Something like a dentist drill? :

A ‘Black little brash with A motor an it. and take the:

tef of a needle and hold it on the brush so as to cleanse

the top, and after it is cleaned out, after that we take a

syringe and run a green soap solution through the needle

and put them In rinsing water and run the rinsing: water

though thy needle, and then we put them: in ether and we

run the ether ‘through them.

© How-do you do ‘that? . 7

A With a syringe. Squirt it through them, so that they

are entirely open. And-then we put them’ in a doom (123)

y

107a—

Mrs. Ann Douglass — Direct

cube with. a piece ol cotton in the top and they are auto-

daved. at 20 pounds pressure, 240 degrees heat, for 20 to

2%} minutes, and that 1s ‘the end of that!

Q) What is meant by autoclave: .

\ Well, an autodave. if these people don't vdeetied

js. is a sterilizing unit that is put.in all hospitals and rt

serilizes everything that is used in the treatment of a pa-

tient. ° . es

.O Something Ike an oven or cook stove?

\ Yes. tas like these pressure cookers that most people

use but a little larger and a httle. bit: more —has quite a

it more pressure. . “

QO Now, was that the procedure | that was followed <

‘i Mary's Hospital as of 1954, March, 19542

\ Yes, sir. “That procedure has*been followed as long

sl have been in charge ‘of the supply room.

M And the purpose of carrying, the needles through

these Various procedures is to make them what-

A Weill,’ ol cOUTSE, needles that are used trom one

patient to another, they’ would necessarily have gone

-- through that process to be sure that they were completely

terile, and that’ is the: procedure that is set up in all

Hospitals

MR. McAULEY: You may ask her.

CROSS EXAMINATION

By Mr. Goburn:

(f24) Q Mrs. Douglass, I believe you ‘said these

needles are-used only once for each patient:

A Yes, sir.

QO What about the SVTIN GCS:

\ Thé.syringes are only used. one time, too,

@ They are?

\ Yes, sir. Nerd ae "

. |

108a.

hice. Ann Douglass — Cross

Q And then they are treated?

A Fhat’s right. |

— Q When you are giving a hypodermic, administering-

a hypodermic to a patient, of course you have the needle

fastened on the end of the syringe?

A * That's nght.’ : oo |

Q Most-of the hypodermic preparations Gre in a glass

vial witha rubber cap on them, are they not?

A That's right. |

-Q And you pierce with the needle the rubber cap 0!

that vial and withdraw the material and give it to the

patient:

A That's right. ae

QO Those,are multiple dose ve in a great many cases:

\ Well. a great many -—-some’ol those are and some

of them are not. “Lake Combictic and Penicillin, and .

various other things of that kind, are only one dose to a

patient. (125) ‘They are put up as so many units in a dove.

Like Penicillin. I think comes around 400,000 units, and

then you. put in lec of sterile water, of course, to mix that,

and then you give that as a dose. |

There are seme medicines that are already micasured

that would contain maybe five ccs of something and you

would onls be giving that, just be given to one patient any.

Way '

‘Q But in some of these cases you do use a multiple ose

container and in that case the material would be withdrawn

from that container and used with different patients: ;

A Yes. but then you have a different syringe and 2

diflerent needle each’ time. . |

OQ Yes, | understand that.. Have you. ever heard of Doc

“tor Roderick Murray who is the Assistant Chief pf the

Laboratory of Biologics Control of the National Institutes

‘of Health: —. eek ;

109a

Mrs. Ann faye ~— Cross

\- No. | don't think s

Q Well, let me, re a to you trom what ts marked _a

Exhibit No. 4 eo iis case. ins which: Doctor Maurras .

Lecrthibie the possible sources of denger and the possible

gurees ol transmitting serum he par itt through * arious

_ hospital procedures.

Doctor Murray says:

‘Another possible source ‘ot danger is the multiple | (126)

Jose container, the contents or stopper of which may be-

come contaminated i parucular syringe procedures are not

lowed. Packages of biologics are now re juired to carry

swarning statemert in this respect.” .

Would you agree there-is a risk in that areas

\ Well. I-don't beliegve I would be am a position ‘to

av. We follow orders and IT don't think I aan be compe-

“tent tO SS on that. Tam sorry. >

0 You would not dispute the cxistence of a risk there?

3 tase To owaill remain neutral and not say. as my

pinion would not be of any benefit. |

MR. COBURN: Thatis all.

MR. McAPLEY: That is all.

pate -

MIR. McAULEY: Mrs. Kidd, will you take the stand?

THE COURT: Now. you are not going through the

whole’ story with Mrs’: Kidd about the condition of Mr..

(Witiiess excused.)

Kidd. are your

MR = AULEY: No, your Honor.

o>

1 10a 7

Mrs. Floyd E. Kidd

called.as a wetness by and on behalf ot the plamut

* . °, e

alter having been’ first duly sworn, was examined

and testified as follows

DIRECT EXAMINATION

(127) By Mr. McAuley:

Q You are Mrs. Flovd kidd:

Wee {- Se:

-QO Mrs. Kidd, did you accompany. your husband to t!

-haspral at the time of the leg injury:

oA ves, sir, T did. |

“ — Q- How long was he in the hospital:

A I believe it was-nine days. ~~ ~~ we "

Q- After the first period oi hospitalization’ with thr

following the leg injury, T will ask you whether o

you were the one who looked alter the hospital bill ther

A Yes, sir, did. — yes |

() Can you tell us what-the charge was tor the plasma

A Well, the exact figure. Iemight not be exactly, right

but it is three hundred and some dollars. [can remem

exactly. a Sn | )

( Thave in mind-just the blood plasma. 7°

cae’ Thirty dollars. . }

Q Thirty dollars’

\ Yes, sir. . :

THE COURT: Is that in addition to the $302.002

MR. McAULEY: | No.+ Phat bill is not even beter.

the jury because that is the first period of hospitali7atio

and betore hepatitis was contrac ted

You may ask her...

(128) MR. McAFEF No questions

llla

"Miyrs. Floyd EF. Kidd Direct

Mr. McAuley:

QO Do you remember signing the authorization, which

aas been mmtroduced as Exhibit No. 3, Mars Kidd? |

\ Yes, sir, that is my signature

() When was that dones Was that done upon adihission

shortly thereatier? | :

\ I beg your pardon: |

QO. When did they see you about admitting Mi Kidd,

uw there at the time:

AO ONo, sir. atter LT taken Mr. Kidd into the cmergency

omcand-then when thes started to take him up. They

taking Mim at that time around to surgery and I told

.] was going on and change my clothes. that TL would be

}

«ko then Twent home and changed my clothes and came

kK and went to the adnuttine officccand that iwowhen |

O) And stened bint in-- es :

. . &

\ Yas, Sit.

including this ‘doc iniecnt here:

MRO McAULEY: | Thai is all

RK. McAFER: No questions

oT pom (WWitiness excused.)

VER MeAt LEY: i hat is the plamtifl’s Case“vour Hlon

20) MR. McAFEE: £ would like tor the jury to

Cp cunt

fit COURT. \H right. fet the yury step ont.

Whereupon, the following. proceedings were had in

bedbsence of the yury, to-wit: ) :

Mi@ MéAFEE If your Honor please. the detendant

pves-the Court to direct the tury to return a me ie fain

6

tor of the detendant upon the following gromnds

=

,

; 1i2a

Proceedings

No. 1. ‘There is no proof that the plasma given to the

plaintiff contained a jaundice virus. I want to amend that

by saving the hepatitis virus. . ;

No. 2. There is no proot a virus in the plastia was the

cause of.the plaintifl’s hepatitis.

No. % ‘There is no prool the plasma received by the

piaintif! Kidd was adulterated within the meanirg of the

fennessee Food, Drug and Cosmetic Act.

No. 4. Becatise the proot shows that in all Cases 0!

transfusions of plasma there is a cale ulated risk involved

thar ithe pi hasina may contain hepatitis and could cause

the recipient to de velop jaundice or hepatitis, and this Fisk

was known to and assumed by the plainuff.

No. 5. Because the undisputed evidence shows that

blood’ plasma ts used only, on orders of a doctor -and the /

action of the plainvitt’ . doctor in ordering and giving t«

_ transfusion of pli isma to the plaintitl constituted an inde

"pendent intervening cause breakine the causal connection

(130) between the defendant's act and the ultimate injury

sustained by the plaintiff. a | ee,

And, finally, because, there was no proof introduced upon

whieh a verdict for the plaintiff can be sustained.

(Whereupon,. counsel presented ora! argumént on the

motion for a directed verdict.) ’

PHE COURT: | I will hear the proot ot the defendant

Overrule the motion at shis time.’ Tt may be renewed

Call-the jury |

(Whereupon, the foliowing proceedings were had in. the

presence of the jury, to-wit: )

113a ,

Richard C. Sexton, Jv.,

alled as a witness by.and on behalf of the defend:

ant, after having been first duly sworn, was eXasn-

med and testified as follows: a

DIRECT EXAMINALION

by-Mr. McAfee:

Q Doctor, Sexton, please state your full mame. . your

we and your occupation: |

{ Richard C. Sexton, Jr; age 37: physician.

) Where did you get your medical ivaining, Doctor:

\° University of ‘Tennessee. 5

Q Have you had any special training in any particular

A31)° A Yes. IT specialize in the ficld of internal

|

) How’ long: have you been pr: acticing medremer

\ orca am and,a half years here in Knox-

—

Where are you t originally from?

: From East Lennessece.

:

A

' § Union County

N

Yes, sir:

—_

QO Doctor, would you please desc ribe for us just what

ivirus is, a he patitis virus, if vou can, please, sir?

A ‘The term virus is applied to an infectious. agent

\ hich i is referred as being ultra- MICTOSCOPIE.

-THE COURT: I cannot hear you distinctly. Wall you

talk loude?, please: |

THE WIINESS: The term virus is used in describing

in infectious agent which is said to be ultra- NUCTOSCOPIC,

that is, it Cannot be seen by the microscope, by the aid. of

the mic TOscOpe, and that particular type of virus produces

he clinicial disease which we refer to as viral hepatitis.

7

lida.

tichard G. Sexton, Jr. — Direct

Q Would you consider a virus which you have just

described as a filthy substance or an adulterated substance:

A Well, I think that depends upon one’s definition o!

filthy and would depend upen the context in which the

‘virus was found fo exist. , | ..

(132) 9) Let me ask You this question. Tf a virysas

found in. blood, in a donor's Dtood, would you say that un-

der the conception in the medical profession would you

consider that as a filthy substance? oS eae

“A 1 would preter to use the term contaminated. [ think

in a medical sense I would not regard the plasma which

contains a virus as being filthy except perhaps in a retro-

spective sense.

QO Explain that, Doctor.

A By retrospective, I mean it may he apparent thre

G

or four months after the infusion of plasma is given, that

it contained a virus, ‘but it would not be apparent by any

available technique at the time it was given.’

Q That it was a filthy substance?

A Yes, sir. | : :

QO You regard plasma as a_ beneficial piBdyct in the

practice of medicine? )

A Yes, sir.

Q Do you use it in your practices

A Yes.° mee

Q Let me ask you this: Isn't it possible tor blood

plasma to be given to one person and that person ima

contract hepatitis and the same plasma trom the same batch

be given to another person and the other person not col

tract hepatitis? ,

(133) . A Yes. °

QO Why is that, Doctor? ie

\ £ don't belicve that the exact reason tor that is

}15a

Richard °C, Sexton, Jr. — Direct |

‘ktown. Presumably it is related to SOME INL LUSH defense

niechanism of the person who does not become infected.

Q In other words, one person inight have some anti

bales that build up-an immunity te the virus and -others

might not, is that correct? .

\ Yes, that 18 probably one mechanism.

Q Can you think of others?

\ I think there are probab ly others of which we are

”

not aware of in the present state of our know ledge.

Q Do you know of any method in which a virus can

be destroyed or its harmful effects done away with in blood

or blood plasma? Seat :

\ To my knowledge there is no method by which ~

blood Can be completely rid-of the virus of hepatitis. «

Q Isn't it a well kKhown fact among the medical pro-

‘ession there is always a calculated risk m giving: transtue

“ae

sions, “even of Ae blood and blood plas sina, that the

2

recipient may, contract hepatitis? é.

\ Yes, sir. Pit

MR. McAULEY: © Objected to as leading.‘

THE COURT: Overruled. : :

By Mr: McAfee:

(134) Q Is that trues

{ Yes, sir. ,

QO And that calculated risk is” recognized among the

medical profession in this country:

s A Yes, sir. ics, |

QO Js there a difference hetweén the virus of infectious

jepatitis and the virus of serum homologous?

\ There is thought to be on what we'refer to as an

cpidemmjology and hemologic basis. However, all attempts’

‘0 grow the virus or to reproduce the disease in ‘experi.

ental animals have heen unsuccessful. So it is true that

o distinct viruses do -exist, however, absolute proof ‘of

. Lloa

Richard’ ©, Sexton, Jr. — Direct

that fact is lacking. * Phat ‘differentiation jis based’ upon

what we refer to as clinical grounds.

Q How many different ways can a person contrac

hepatitis? :

AX Do you refer to the serum hepatitis?

© Serum hepatitis.

\ Well, [have nevei scopped to enumerate thé diftlerent

methods, but we know that it is conceivable that a needle

puncture or instrument mamncture of the ‘skin: under an\

circumstance# might conceivably convey the virus hepatitis

to-the individual, or it can be acquired as a result of the

breakdown of blogd products’ suchas thrombine in the

‘blood. Ce .

Syringe hepatitis has beer described: as simply -(155) in-

digating that the disease was acquired.as a result ofa needle

puncture or as a vesult of contamination of the syringe

which was used in administering these medications.

QO People that are dope crate where they puncture

the ‘skin, is that a source of 1

A Yes, cases have been oe in ‘dope addicts.

O What about tattooing? ,

A Cases have been described following tattooing.

QO Doctor, as you stated that, it is impossible to detect

the difference between an infectious virus and a homologous

serum hepatitus virus, how can you diagnose whether tt.

-

isan infectious hepatitis or homologous serum hepautis

\ First of ail, | would like.to indicate that in my opi

ion one cannot diflerentiate it to an absolute certainty

unless one can be absolutely sure that the patient has not

e been expose d by any of the aforementioned techniques te:

the virus of serum hepatitis: if not, then there. right be

question as to the exactness of the diagnosis |

\s we previously mdic ated, in most inst: MCCS the diay no--

S18, the ‘clinical diagnosis, 1s based uper the appearance 6!

re 3 /a~

117a

. Richard C. Sexton, Jr. — Direct.

the patient, the nature of the, onset, whether of not the

“onset is Instantancous 1 explosive; whether or not the onsct

is featured by extveme temperature elevatidn, and whethe

-or not the patient has received blood O} blood (156)

products whichmight have contained the virus of serum

hepauis, and, lastly, tlie period of ume that cfapsed bx

ween Known exposure to a pat ient or person who. mas

have acquired the form of disease “and the le Heth of time

+ which might elapse between giving the plasma or blood

sr some blood product. .

O° Suppose or assume that a person has been even a

tramfusion of plasma in the hospital and within the incuba.

on period of the time of, say, 60 to 120 days, he deve loped

ahepatitis. How would you diagnose that hepatitis:

\ The patient has received an infusion of pl sta?

QO Yes, sir.

A Within: the incubation period’ of serum hepatitis:

QO Yes, sir. : oo : |

\ Well, 1 would anticipate that the ia al onset of the

disease. in. such patient would be insidious. Ihe patient

would be very vaguely ill with a poor appetite, general ill

eeling, perhaps’ with little or no tenmperature elevation,

tor several ‘days prior to the time at which the disease reaches

its recognizable clinical state. Often the patient is so ul

ctor several days betore jaundice makés its appearance and,

indeed, the patient may not become jaundiced. Ve

Q How'would you know that patient had rot contracted

Wedibes hepatitis. say, within 21 days ot that time:

A Tf such a patient became acutely and explosive ly all

one could not differentiate the two.

(137) MR. Mc \F EE: 1 believe you may ask him. ¢

“18a

Richard es. Sexton, Jr. — Cross

j: ie “CROSS EXAMINATION

- By Mr. Mec ie:

— QO Doctor, is. theresa device known as an élegtron MLCTO-

A Yes; sit. - - aay

Q “Can a virus be p

This text is long and has been trimmed here. Open the source document for the complete record.