Guest guest Posted July 14, 2005 Report Share Posted July 14, 2005 _Jury Finds " Toxic Mold " Harmed Oregon Family, Builder's ..._ (http://aolsearch.aol.com/aol/redir?src=websearch & requestId=290d38c58d86c1d8 & cli\ ckedItemRank= 1 & userQuery=jury+haynes+adair & clickedItemURN=http://press.arrivenet.com/hea/ar ticle.php/608226.html & title=Jury+Finds+ & quot;Toxic+Mold & quot;+Harmed+Oregon+Fa mily,+Builder & #39;s+...) (http://aolsearch.aol.com/aol/redir?src=websearch & requestId=290d38c58d86c1d8 & cli\ ckedItemRank=1 & userQuery=jury+haynes+adair & clicke dItemURN=http://press.arrivenet.com/hea/article.php/608226.html & title=Jury+Fin ds+ & quot;Toxic+Mold & quot;+Harmed+Oregon+Family,+Builder & #39;s+...) The jury also found Adair's negligence caused illness in Mrs. Haynes and the couple's two small children – , 6, and Liam, 4. ... _http://press.arrivenet.com/hea/article.php/608226.html_ (http://press.arrivenet.com/hea/article.php/608226.html) As you read the following posts, please know that although I have attempted to correct my mistakes, typing and spelling not my strong suits. Also, this is typed in printable format, so there are large spaces between many of the posts. Sharon Kramer Post # 1: Post: Okay, My Declaration is now a Legal, Public Doc Posted by _Sharon_ (http://counsel.net/cgi-bin /chatscripts/mailform.cgi?uid=kfc1955 & dmn=sgd.uge & name=Sharon & subject=Okay,+My+D\ eclaration+is+now+a+Legal,+Pub lic+Doc) on 7/08/05 Testimony of Bruce J. Kelman, (K). Haynes vs. Adair Homes, Case No. CC0211573, In the court of the State of Oregon. February 18, 2005. Pages 53, line 2 to 58, line 7. Questioning by Mr. Vance,(V) the Haynes family attorney: MR. VANCE: And, you're actually one of the owners of GlobalTox, aren't you? BRUCE J KELMAN: One's normally an owner of a practice, yes. V: Yes. GlobalTox is an international corporation, isn't that true? K: We have offices in the US and in Canada, and we work across the US. V: Okay. Do you have any offices-- K: I mean, I'm sorry, across the world. V: You have offices in Europe? K: No. We do not. V: Okay. Now, this revision of the Colleges of Occupation and Environmental Medicines state-- K: What revision? V: The revision--you said that you were instrumental in writing the statement, and then later on you said you and a couple other colleagues wrote a revision of that statement, isn't that true? K: No, I didn't say that V: Well-- K: To help you out I said there were revisions of the position statement that went on after we had turned in the first draft. V: And, you participated in those revisions? K: WELL, OF COURSE, AS ONE OF THE AUTHORS. V: All right. And, isn't it true that the Manhattan Institute paid GlobalTox $40,000 to make revisions in that statement? K: That is one of the most ridiculous statements I have ever heard. V: Well, you admitted to it in the Killian deposition, sir. K: No. I did not. V: Your Honor, may I approach. Would you read into the record, please, the highlighted parts of pages 905 and 906 of the trial transcript in that case. MR. KECKLE: Your Honor, I would ask that Dr. Kelman be provided the rest of the transcript under the rule of completeness. He's only been given two pages. JUDGE VANDYK: Do you have a copy of the transcript? KECKLE: I do not. V: Your Honor, I learned about Dr. Kelman just a-- JUDGE: How many pages do you have? V: I have the entire transcript from pages -- JUDGE: All right. Hand him the transcript. V: --I'd be happy to give it to him, Your Honor. JUDGE: All right. V: Would you read into the record the highlighted portions of that transcript, sir? K: " And, that new version that you did for the Manhattan Institute, your company, GlobalTox got paid $40,000. Correct. 'Yes, the company was paid $40,000 for it. " V: Thank you. So, you participated in writing the study, your company was paid very handsomely for it, and then you go out and you testify around the country legitimizing the study that you wrote. Isn't that a conflict of interest, sir? K: Sir, that is a complete lie. V: Well, your vouching for your own self (inaudible). You write a study and you say, " And, it's an accurate study. " K: We were not paid for that. In fact, the sequence was in February of 2002, Dr. Harden, and (inaudible) surgeon general that works with me, was asked by American College of Occupational and Environmental Medicine to draft a position statement for consideration by the college. He contacted Dr. Saxton, who is the head of immunology at UC--clinical immunology at UCLA and myself, because he felt he couldn't do that by himself. The position statement was published on the web in October of 2002. In April of 2003 I was contacted by the Manhattan Institute and asked to write a lay version of what the had said in the ACOEM paper--I'm sorry, the American College of Occupational and Environmental Medicine position statement. When I was initially contacted I said, " no. " For the amount of effort it takes to write a paper I can do another scientific publication. They then came back a few weeks later and said, " If we compensate you for your time, will you write the paper? " And, at that point, I said, " Yes, as a group. " The published version of the ACOEM paper came out in the Journal of Environmental and Occupational Medicine in May. And, then sometime after that, I think it was in July, this lay translation came out. They're two different papers, two different activities. The--we would have never been contacted to do a translation of a document that had already been prepared, if it hadn't already been prepared. V: Well, your testimony just a second ago that you read into the records, you stated in that other case, you said, " Yes. GlobalTox was paid $40,000 by the Manhattan Institute to write a new version of the ACOEM paper. " Isn't that true, sir. K: I just said, we were asked to do a lay translation, cuz the ACOEM paper is meant for physicians, and it was not accessible to the general public. V: I have no further questions for him. JDUGE: All right. Mr. Keckle, can you forgo any redirect with this witness and he can be excused? Mr. KECKLE: I can, Your Honor. JUDGE: I'M SURE HE'S GONNA APPRECIATE THAT. All right. Thank you, Dr. Kelman (END OF DR. KELMAN'S TESTIMONY) A Minute Portion of My Declaration from the lawsuit filed against me by Kelman and GlobalTox: 12. Within the prior sentences, Kelman testified “We were not paid for that…â€, not clarifying which version he was discussing. There was no question asked of him at that time. He went on to say GlobalTox was paid for the “lay translation†of the ACOEM Statement. He then altered to say “They’re two different papers, two different activities.†He then flipped back again by saying “we would have never been contacted to do a translation of a document that had already been prepared, if it hadn’t already been prepared.†By this statement he verified they were not two different papers, merely two versions of the same paper. AND THAT IS WHAT THIS LAWSUIT IS REALLY ALL ABOUT. 13. The rambling attempted explanation of the two papers’ relationship coupled with the filing of this lawsuit intended to silence me, have merely spotlighted Kelman’s strong desire to have the ACOEM Statement and the Manhattan Institute Version portrayed as two separate works by esteemed scientists. 14. In reality, they are authored by Kelman and Hardin, the principals of a corporation called GlobalTox, Inc. – a corporation that generates much income denouncing the illnesses of families, office workers, teachers and children with the purpose of limiting the financial liability of others. One paper is an edit of the other and both are used together to propagate biased thought based on a scant scientific foundation. 15. Together, they are the core of an elaborate sham that has been perpetrated on our courts, our medical community and the American public. Together, they are the vehicle used to give financial interests of some indecent precedence over the lives of others. 50. In the Haynes case, when questioned about the ACOEM peer review process by the attorney for Adair Homes and prior to Vance’s questioning, Kelman described the ACOEM peer review process by stating, “We.., the American College of Occupational and Environmental Medicine has divided effects into three areas, and this is in their positions statement. And, I think it’s important to understand the physician statement, although I said I was one of the authors I only began the process. So, I and two other authors were asked to put the report, the statement, together, but then went to a committee of scientific affairs. This committee on scientific affairs has twenty some physicians in it, they reviewed it, they sent it out to many more physicians, went to the board of directors, they reviewed it. I was told by the head of that committee that somewhere in the order of one hundred very critical physicians reviewed that paper. So, by the time it gets to the end of the process, the college adopts it as their position statement. 57. An email was sent from GlobalTox principal, Hardin to Borak, dated April 22, 2003, six months after the ACOEM Statement was officially placed on the ACOEM website. Kelman’s coauthor and coworker asked Borak, Chair of the Committee on Scientific Affairs for the ACOEM, “Can you give an idea how many people were involved in the various stages of reviews?†Borak’s response to Hardin was “I do not know how many because I do not know how many reviewed the MS†(mold statement) “and agreed, but did not respond. Also, I have not maintained any of the files or emails. It was certainly more than a dozen: there are more than that on the Board alone.†Sharon Kramer Quote Link to comment Share on other sites More sharing options...
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