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
