California's top occupational health doctor told a jury
Tuesday that exposure to workplace chemicals caused two former
IBM workers to develop cancer.
The testimony by Robert Harrison was the first time an expert
witness has directly linked chemicals used at IBM's San Jose
manufacturing plant to Alida Hernandez's breast cancer and James
Moore's non-Hodgkin's lymphoma. Harrison is chief of the
California Department of Health's occupational health
surveillance and evaluation program.
Hernandez and Moore are alleging in Santa Clara County
Superior Court that IBM knowingly exposed them to chemicals that
made them ill and hid that information from them.
IBM argues that its clean rooms were safe and that the
chemicals used there were not believed to be carcinogenic during
the time of Moore's and Hernandez's employment.
Proposition 65
But Harrison testified that virtually all the chemicals cited
in the case, including trichloroethylene, benzene and
epichlorohydrin, are recognized as carcinogens either by
California's Proposition 65 or scientific studies.
Proposition 65, also known as the Safe Drinking Water and
Toxic Enforcement Act of 1986, requires the state to publish an
annual list of chemicals known to cause cancer. Moore worked for
IBM from 1966 to 1993 and Hernandez was employed from 1977 to
1991.
Harrison has served as chief medical consultant to the U.S.
Occupational Safety and Health Administration since 1998 and
currently sits on the state OSHA standards board.
He estimated that exposure to chemical solvents played a 70
percent to 80 percent role in causing Hernandez's breast cancer,
in relationship to other factors like her age and the early
onset of puberty. He discounted factors that IBM has cited, such
as weight and hormone replacement therapy, saying they were
nullified by other medical conditions.
In Moore's case, Harrison said solvents played an 80 percent
to 90 percent role in his non-Hodgkin's lymphoma.
Harrison told the jury he based his opinion on a review of
the plaintiffs' medical records and sworn statements they gave
in pre-trial depositions. He said he also reviewed depositions
given by other expert witnesses and by IBM doctors and nurses.
Harrison elaborated on the meaning of permissible exposure
limits that govern how much chemicals an employee can safely be
exposed to in the workplace. He said the limits were initially
based on voluntary employer standards and only addressed the
immediate effects of chemicals. ``They are not set to prevent
workers from getting cancer years later,'' Harrison testified.
Substantial exposure
Although mathematical models that estimated Hernandez's
exposure to toluene, acetone and xylene fell mostly within
national guidelines, Harrison said they ``show that Ms.
Hernandez was exposed to substantial quantities of these
chemicals.''
During a brief cross-examination, IBM attorney Robert Weber
established that exposure estimates were extrapolated from IBM
measurements and were not actual measurements themselves. Weber
will continue the cross-examination today.