Day 038 - 19 Oct 94 - Page 54
1 MR. JUSTICE BELL: Take that out with him, sit down at a table
2 outside and then follow your own course.
3
4 (Short Adjournment)
5
6 MR. MORRIS: The problem, as we see it, is establishing a system
7 going through these in an effective and efficient manner,
8 so that you are satisfied you are getting the information
9 you need. So can we just clarify that, which is if we go
10 through each compound one by one, we ask what the allergies
11 and intolerances are, carcinogenic properties, if any, and
12 then the hyperactivity specifically, and then we ask all
13 three things, not carcinogenic, but the other two, what the
14 frequency that Dr. Millstone considered.
15
16 MR. JUSTICE BELL: If you like, as you come to each one, you can
17 ask what the frequency or, if you come to each adverse
18 reaction in relation to each additive you can ask, or when
19 you have got the adverse reactions in relation to each
20 additive, then before moving on to the next additive you
21 can ask what evidence is there so far as Dr. Millstone is
22 concerned.
23
24 MR. MORRIS: Yes. The problem comes in exactly how much
25 reference to documents is needed as we go through. How
26 much weight do you give to Dr. Millstone's summary of the
27 position or whether for each one you would want to refer to
28 a particular document or whether -----
29
30 MR. JUSTICE BELL: You may or may not want to refer to the
31 document. What I suggest you might do is ask him to
32 identify in his statement (which he probably would be able
33 to do very quickly) where he refers to an adverse reaction
34 in man. He did it in two instances in relation to Sunset
35 Yellow; he made various references to various experiments
36 on animals, but he made, if my recollection is correct, two
37 references to adverse reaction in man; one was the general
38 statement which was followed by the reference to footnote 1
39 and one was the specific incident concerning the physician
40 where there was the reference to 9.
41
42 Now, on my recollection of the statement which I originally
43 looked at quite carefully, that sort of thing occurs in
44 relation to other additives in his statement. Between us
45 we can probably find the references in the statement quite
46 quickly. You can ask Dr. Millstone that if we look at that
47 actual paper will it give us more hard information about
48 the incidence of that adverse reaction? Do you
49 understand?
50
51 If he says: "No, I do not think it will", we need not look
52 at it. If he says: "Yes, I think it did, I think that
53 referred to a number of cases", or whatever, then we can
54 look at it, if you wish. It may well be that they will
55 nearly will fall into the first category in the light of
56 what Dr. Millstone said just before we adjourned, that
57 there is a paucity of evidence in that area.
58
59 MR. MORRIS: Is there, Dr. Millstone, a general figure which you
60 believe that the allergic reactions which you may identify
