Day 038 - 19 Oct 94 - Page 52


     
     1        give me any indication of the extent of hypersensitive
     2        reactions in man, for instance, page 9, or allergic
     3        gastroenteritis reaction, page 10, because ----
     4        A.  May I make a comment?
     5
     6   Q.   Just pause for a moment -- because I have to say that one
     7        of the things which occurred to me going through these
     8        matters is that they are additives which have been in very
     9        wide use, I think almost without exception, for a very long
    10        period of time.  So, I am interested in the sort of number
    11        or regularity of adverse reactions which have been shown
    12        over the years.  It is a different approach to the one
    13        which has been taken in large part by Dr. Millstone, but it
    14        is one which interests me.
    15
    16   MR. MORRIS:  What I was hoping to avoid was having to go through
    17        dozens of references.  I am sure everybody would agree that
    18        if we could do that, that would be useful.  Therefore, as
    19        much common ground that can be established on these matters
    20        before we move on would be very helpful.  So, if the
    21        Plaintiffs can say:  "Well, Professor Walker did say such
    22        and such" ----
    23
    24   MR. RAMPTON:  No, my Lord.  What Professor Walker said is not
    25        something the Plaintiffs are going to say.  What Professor
    26        Walker said is on the transcript.  It starts at line 1 on
    27        page 20 where I started going through the abstract.  Then
    28        your Lordship intervened to suggest something of a gloss on
    29        the system that I proposed to use.  It ends, and it is very
    30        quickly read and very clearly, at line 16 on page 28.
    31
    32        The sensible way to do it, if I may suggest it, is that
    33        Dr. Millstone should be left to read that passage quietly
    34        to himself.  The Defendants can then explore with him the
    35        extent to which, if any, he disagrees with what Professor
    36        Walker has told your Lordship.  The question then whether
    37        the extent of disagreement matters is not a question for
    38        this witness or any other; it is a matter for your
    39        Lordship.
    40
    41   MR. JUSTICE BELL:  Give me the reference again?
    42
    43   MR. RAMPTON:  My Lord, it is Day 26, Monday, 19th September,
    44        page 20, starting at line 1 and finishing on page 28 at
    45        line 16.
    46
    47   MR. JUSTICE BELL:  Would you like to do that?
    48
    49   MR. MORRIS:  What would help -----
    50 
    51   MR. JUSTICE BELL:  At the end of the day, I cannot tell you the 
    52        way you should take your own witness in-chief and 
    53        Mr. Rampton certainly cannot.  All I want you to be aware
    54        is that I think you ought to be looking for something more
    55        precise than that example which I have taken on page
    56        9: "Certain azo-dyes, including Sunset Yellow, SCF, have
    57        been shown to be associated with hypersensitive reactions
    58        in man", because it tells me nothing about frequency or
    59        anything of that kind.
    60

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