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Dangerous Drugs & Medical Devices News & Commentary on Prescription Drug & Medical Device Lawsuits

Testimony from a Duragesic patch lawsuit from 1996

Posted in Duragesic / Fentanyl

What’s of particular interest to me is the fact that Robert Gale was deposed about the problems inherent with the Duragesic patch way back in 1996.  Now that’s a deposition I’m going to try and get a hold of.

Way back in the 90’s, there hadn’t been as many problems or as much publicity about the Duragesic patch.  You never know what Gale might have said under those circumstances.

THE COURT TIPSTAFF: Would you just state your name again for the record?

THE WITNESS: Hood, H-O-O-D. First name is Ian, I-A-N.

IAN HOOD, M.D., having been previously sworn, testified as follows:

MR. ALLISON: Waiting for Mr. Raynes, your Honor.

THE COURT: Here he comes.

CROSS-EXAMINATION

BY MR. ALLISON:

Q. Good morning, Dr. Hood. How are you?

A. Good morning.

Q. You testified yesterday you did conduct the autopsy on Mr. Hophan at Abington Memorial Hospital, correct?

A. Yes.

Q. But you did not go to the scene at the house where he was found deceased; is that correct?

A. That's correct.

Q. So you don't know anything about the condition of his body at the time it was found?

A. That's correct. I didn't see it until some 19, 20 hours later after he had been in refrigeration.

Q. You don't know whether at time he was found there was any rigor mortis; is that correct?

A That may have been relayed to me by the deputy coroner, but I don't recollect if it was at this point in time.

Q. You don't have any specific recollection?

A. No.

Q. And there's nothing about that in your report?

A. No.

Q. And if he had any rigor mortis you wouldn't know what the extent of that would have been at the time he was found, correct?

A. That's correct.

Q. Now, you also don't know whether there was any postmortem lividity or livor mortis at the time the body was found, correct?

A. Again, that may have been noted by the deputy coroner at the scene and relayed to me, but again I didn't make a note of it and I don't have an independent recollection of it.

Q. So you really don't know?

A. At this point, certainly do not.

Q. You also don't know what the position of the body was when it was found, do you?

A. That's correct.

Q. Is it fair to say, Doctor, that you don't know anything about the scene at the time the body was found beyond what's stated in your autopsy report that was marked as an exhibit for identification by the plaintiffs yesterday?

A. Not at this point in time, no.

Q. And there's nothing other than your report that you could look to for any further information, correct?

A. I imagine I could refer to the coroner's report, but that would be the only document that I would know of.

Q. But you haven't done that?

A. Not recently, no.

Q. You've mentioned the deputy coroner a couple of times. Is it fair to say, Doctor, that the information that you had that you did put in the history section of your autopsy report was verbal information that was given to you by the deputy coroner?

A. Correct.

Q. And you didn't review any documents of any kind before you conducted the autopsy; is that right?

A. That's correct.

Q. Beyond what's stated in the autopsy report, prior to the time you conducted the autopsy, you had no further information regarding the condition of Mr. Hophan's health for the two days or three days or week prior to his death; is that correct?

A. That's correct. I knew what was relayed to me as you said by the deputy coroner.

Q. So you wouldn't have known whether he was showing any symptoms of flu in the three four five days before his death, correct?

A. If the deputy coroner did not relay that to me, then I would not have known that.

Q. And there's no mention of it in your report?

A. That's correct.

Q. And you also likewise wouldn't have had any information about whether or not he had a fever in the few days before his death, correct?

A. Correct.

Q. But you did know that there were several near empty bottles of recently prescribed medications found near his body, correct?

A. That was relayed to me, yes, that's correct.

Q. And that's stated in your report in the history section?

A. Yes.

Q. And that would have included the medication Xanax which is Alprazolam?

A. Yes.

Q. And Vicodin?

A. Correct.

Q. And Restoril?

A. Yes.

Q. Vicodin is a narcotic analgesic, it contains hydromorphone, correct?

A. I think it contains hydrocodone, but it is a narcotic.

Q. And Restoril is a benzodiazepine sedative called Temazepam, correct?

A. Yes.

Q. The same class of drug that Xanax is a benzodiazepine?

A. That's correct.

Q. Now, you don't have any independent recollection of exactly what you saw at the time you did the autopsy on Mr. Hophan or what individual findings you may have made beyond what is stated in your report, correct?

A. Not after four years, that's correct.

Q. And other than your report, you don't have any other personal notes that you may have made about what you saw on the autopsy?

A. No.

Q. And in fact, at this point you don't have a specific recollection of the procedure that you used to conduct this autopsy either, correct?

A. That's correct. That was over 2,000 autopsies ago.

Q. And for instance, you don't recall if any photographs were taken?

A. I don't. At most what would normally be done would be similarly an identification Polaroid.

Q. But at this point you don't know one way or the other?

A. I don't know even if that was done. I do know there would not have been full body photographs taken because that was not the normal procedure.

Q. When Mr. Hophan was presented to the autopsy for you, he was dressed and wearing a long sleeved pajama shirt, pajama bottom and undershirt and underpants, correct?

A. Yes.

Q. According to your report?

A. Yes.

Q. And the first thing you did after looking visually over the external surface of the body was you then did an internal examination; is that right?

A. Correct.

Q. And what that means you were grossly with your naked eye looking at the internal organs in Mr. Hophan's body to do your examination, correct?

A. Correct. As they lie in the body after removal of them looking at them externally and then going through them.

Q. Mr. Larry asked you yesterday a couple questions about things you found. You also did find some changes in the arteries that go to the cardiac muscles to Mr. Hophan's heart muscle, didn't you?

A. I didn't find any changes inside the arteries. They were actually in excellent condition, widely open. He had what I now refer to as a variation of normal where his corn — one his main coronary artery which supplied the blood to his heart muscle dipped down and ran for a short distance about three-eighths of an inch underneath some of the muscle fibers before it came back down and ran along the surface.

Q. And what you referred to that in your report is a one centimeter segment of mild cardio bridging of the proximal left anterior descending coronary artery, correct?

A. Correct.

Q. Now, at the time you did the gross examination, no body temperature was taken of the decedent's body, correct?

A. Well, he had been in a refrigerator for the preceding 16, 18 hours.

Q. So you didn't take them?

A. There would be no point to take them at that point.

Q. And to the best of your knowledge nobody else did take them?

A. That's correct.

Q. And to the best of your knowledge nobody took his bodily temperature at the scene at the time he was pronounced dead prior to the time that the decedent body was brought to the hospital, correct?

A. Correct.

Q. There's no time of death stated in your autopsy report is there, Dr. Hood?

A. That's correct.

Q. And in fact, you don't know the time of death, correct?

A. No, I don't think anyone does accurately. We only know the time that he's been pronounced dead.

Q. Now, Dr. Hood, there is no documentation in your autopsy report that you took any blood samples from Mr. Hophan, is there?

A. No.

Q. And you don't have an independent recollection of taking specifically any blood samples from Mr. Hophan; is that right?

A. Not after four years, no.

Q. And if you took any blood samples you don't have an independent recollects of what time you may have taken those samples, correct?

A. No. I can only tell you that we take them as I explained yesterday at the beginning of the autopsy so, probably taken sometime between 11 and 11:30 that morning but exactly when, no, I don't take that.

Q. And there's no documentation in your autopsy report as to what time you may have taken any blood sample?

A. Not by me, no.

Q. You were the only one that had anything to do with the preparation of your autopsy, correct?

A. Yes. In the autopsy report what I meant to say was the deputy coroner who received the body may have made a notation at the time, but I don't.

Q. Doctor, likewise there is no documentation in your autopsy report of the site from which you may have taken any blood samples, correct?

A. Correct.

Q. And again you don't have an independent recollection as to the specific site from which you may have taken any blood, correct?

A. That's correct.

Q. But you've testified yesterday that one method that you may have used was kind of to suck up blood in a syringe from where it would spill out when you talked about making this Y incision and reflecting this flap of chest skin. You recall that testimony from yesterday?

A. Skin, subcutaneous tissue and muscle, yes.

Q. So when you reflect that up, you kind of fold it up over the face in order to conduct your examination?

A. Correct.

Q. And if you would have used that method what you would have done was made that collection by drawing it up into a syringe from what you've determined the supraclavicular area?

A. That's right.

Q. And the clavicle refers to your bone which is right here?

A. Yes.

Q. And the supraclavicular area is this little area right above your collar bone?

A. That's correct.

Q. And that's the pool of blood that you would have used?

A. Yes.

Q. And that blood's not being collected from a pool on the surface of the skin. That's actually a pool underneath the skin underneath the subcutaneous tissue, underneath the muscle, right, so it would be in this area with the muscle of the skin all reflected back?

A. That's correct.

Q. Doctor, you have no independent recollection of how much blood you may have taken in this case; is that right?

A. That's correct.

Q. You don't know the number of tubes you took?

A. No, that's usually marked in by the deputy coroner and more importantly marked in by National Medical Services. No matter how many tubes I take what they give is what's important.

Q. And you don't know what size syringe and needle you may have used?

A. No.

Q. Or how many times you would have filled your syringe?

A. That's correct.

Q. And there's no documentation in your autopsy report as to the amount of blood or the number of tubes that you took, correct?

A. That's correct, I didn't put that in my autopsy report per se.

Q. Doctor, after you collected the blood and you personally collected, right?

A. Yes.

Q. You then handed these tubes of blood to someone; is that right?

A. Yes.

Q. Okay. And you did not personally label these tubes?

A. That would not be my normal practice because obviously my hands are distinctly bloody at that time.

Q. So, that wouldn't be your practice and you didn't have no recollection of personally labeling the tubes in this case?

A. That is correct.

Q. Isn't it also fair to say, Doctor, that after you handed those tubes off to someone, you don't know what happened to those blood samples?

A. That's correct.

Q. In fact, you have no knowledge of what happened to the blood samples between the time that you gave them to someone, and the time that some blood samples may have arrived at National Medical Services Laboratory, correct?

A. That is correct.

Q. Doctor, with respect on the testing of blood that's involved in this case, you personally did not order any tests on any blood samples; is that correct?

A. That's correct, I never do that. That's the coroner's decision.

Q. The coroner's decision the coroner makes the call?

A. Exactly.

Q. Now, Doctor, you also have no documentation in your report of having taken any samples of body tissues at the time of autopsy, correct?

A. That's correct.

Q. You testified yesterday, I believe, that in unexplained deaths that it's generally a good idea to take samples so that if later test results are not as you might expect them to be, you have some tissue to go back and to look at or test or deal with. You recall that testimony?

A. I think we were talking about toxicology samples, but you can make the same argument about tissues, yes.

Q. And you didn't take any tissue samples in this case, did you?

A. That's correct.

Q. With respect to those tissue samples, Doctor, toxicology tests could have been run had you taken any; is that right?

A. Are we talking about the blood and bile or are we talking about solid tissue?

Q. Let's talk about solid tissues for a minute. You didn't take the sample of liver?

A. That's correct.

Q. Or lung?

A. That's correct.

Q. Or brain?

A. Correct.

Q. Or spleen?

A. Or any of his solid tissue.

Q. Or any solid tissue, correct?

A. That's right.

Q. And all of those solid tissues can be tested, done toxicology tests on him for levels of drugs, correct?

A. I imagine that they can be. It's usually somewhat more complicated technique. You have to grind it up and extract the drug from the tissue and then measure it, but it can be physically done.

Q. Isn't that a common procedure in forensic toxicology to measure drug levels in tissues?

A. No.

Q. You haven't seen that to be the case?

A. No, I certainly have done it and had it done, but it's an uncommon case because no one knows how to interpret the results. When living people go in and get a sample drawn for measuring their blood levels, they are generally rather loath to give up a chunk of liver. Most of the time you draw blood. It's the commonest fluid you can get. We know how to compare levels of living people with blood to dead people's blood we don't know how to do it easily to solid tissue for good and obvious reasons.

Q. Did you happen to collect any vitreous humor in this case?

A. I don't recollect whether we did that in this case after four years. We were just beginning to get that test into the coroner's office back in 1994.

Q. In 1994?

A. Yes.

Q. That was a new test in coroner's office?

A. It's routine now, but it wasn't done routinely at about that time it was about '94, '95 that they started routinely doing that.

Q. You don't have an independent recollects of having collected any vitreous humor and there's no documentation in your records of having collected any vitreous humor?

A. If there was any taken, the sample taken would be with the coroner's office and NMS.

Q. Vitreous humor is the fluid within the eye?

A. Correct.

Q. And as you said, your laboratory now your coroner's office is now routinely taking vitreous humor because that's a good source for testing drug levels, correct?

A. It's not a good source because you don't get much of it, but it's a nice uncontaminated source. If you take a blood sample for alcohol, for instance, and there's some question raised about there being say a bullet wound that went through the stomach or esophagus and it could be contamination of stomach contents directly into blood, then the vitreous is a good sample to go and refer to verify that you got a clean sample of blood because the tube should be close together but you only had a few ??cs of vitreous you can't use it to measure everything.

Q. Gives a reliable reading on toxicology tests?

A. Yes. It's less subject to contamination.

Q. Doctor, the solid organ samples liver, kidney, lung heart, brain, spleen that you could have taken and didn't take, they can also be examined microscopically by a pathologist, correct?

A. Yes, you can do estology it's called.

Q. And the microscopic examination is for the purpose of finding things that you can't see with your naked eye, correct?

A. That's correct.

Q. And it's a routine procedure that's performed by pathologists attempting to determine the cause of death, the microscopic examination of tissue?

A. It's a commonly done procedure. I wouldn't say it's routine and it very rarely actually contributes to to determine the cause of death. We do it in pathology I would say in about 20 or 30 percent of the case in the medical examiner's office.

Q. You take samples with you're job at the Philadelphia Medical Examiner's office? You take samples in every case, right?

A. Yes, we do. Have done for years.

Q. And I believe when we met before at the time of your deposition, you told me about a third of those cases you sent those samples in for microscopic examination. You recall that?

A. Yes, that would be about right. Somewhere around 25, 30 percent.

Q. And now, you didn't actually weigh Mr. Hophan's body at any time during your examination, did you?

A. That's correct. There's actually no facilities for doing that in the morgue at Abington.

Q. You just estimated it?

A. That's right.

Q. Now, you also didn't weigh his lungs during your examination, correct?

A. That's correct.

Q. Or his liver?

A. That's correct.

Q. Or his spleen?

A. Or any of his major organs except I believe his heart and brain.

Q. So you had a scale there, right? You measured, you weighed the heart and the brain?

A. It has a scale at the Abington morgue.

Q. And you could have weighed these other organs. You just chose not to do that, correct?

A. That's right.

Q. Now, before you conducted your autopsy, Doctor, you did know that Mr. Hophan had been using a Duragesic patch, right?

A. Yes, it was still applied to his body.

Q. But you did not know exactly how long that he had been wearing the patch that he had on before he died, correct?

A. No. The only information I had was he had recently started using them, that's all.

Q. And you didn't know how long he had been on Duragesic at all, did you?

A. In any form you mean?

Q. Yes.

A. Or just by the patch, no. All I knew he had started the Duragesic patches recently. I didn't know whether he had been getting intravenous or intramuscular injection although that would be unlikely.

Q. Doctor, your autopsy report states that Mr. Hophan had a Duragesic Fentanyl patch in the right subclavian region, okay?

A. Correct.

Q. And the subclavian region is right below the collar bone, correct?

A. Yes, the pectoral muscle of the chest wall.

Q. And that's what you observed at the time that you saw his body?

A. Yes.

Q. Now, is it my understanding, Doctor, that you believed that you removed the patch that was on Mr. Hophan?

A. I don't believe we removed it until after the autopsy. It was removed and examined, but what happened to it after that, I don't know.

Q. So, it was removed presumably by you after the entire autopsy was complete?

A. Correct.

Q. And you said it was examined. Is it fair to say that you examined the patch?

A. I examined it cursorily to verify the name Duragesic was there. I didn't examine it for defects or anything of that nature.

Q. When you looked at it, you didn't see any defects in the patch?

A. Nothing that I made note of, no, or I wouldn't know what to look for in terms of a defect, but it wasn't ripped or torn or had holes in it. That's all I can say.

Q. You don't know what happened to that patch after you removed it and did your examination of it, correct?

A. That's correct.

Q. You never ordered any testing on that patch, did you?

A. No.

Q. Doctor, all of the findings that you made regarding the autopsy you performed on Mr. Hophan are set forth in your report which was marked yesterday as Plaintiff's Exhibit Seven for identification will be marked as a defense exhibit as well; is that correct?

A. Yes.

Q. And this report is your final complete official autopsy report on Mr. Hophan, correct?

A. Correct.

Q. And you wrote it and you signed it on March 5, 1994 which was the day that you had performed the autopsy?

A. Yes.

Q. The summary of your findings, Doctor, on page three states, Death is attributed to multiple drug intoxication, correct?

A. Yes.

Q. And then under a separate heading Cause of Death in all capital letters it says, MULTIPLE DRUG INTOXICATION, correct?

A. Correct.

Q. And the two drugs that you were talking about were the ones that you were aware or that you were aware at the time you performed the autopsy that he had been taking, correct?

MR. MURTAGH: Objection. Misstatement. He said it was only one drug.

THE COURT: Rephrase.

MR. ALLISON: I can rephrase the question.

THE COURT: Rephrase your question.

Q. Your conclusion was that Mr. Hophan had died as a result of multiple drug intoxication, correct?

A. Correct.

MR. ALLISON: Thank you.

MR. MURTAGH: May I, your Honor?

THE COURT: I think it would be your turn now.

CROSS-EXAMINATION

BY MR. MURTAGH:

Q. Doctor, you were asked a moment ago about Kurt Hophan and essentially his size. Am I correct that as part of your examination as a pathologist you would want to know the size of a person you're working with?

A. You can't avoid seeing the size and I usually will try to report my best estimate of the size. We will measure the length of the body that's not significantly different than the standing height and if possible we will weigh them, but in fact none of the morgues that the coroners had available to them to use in either Bucks or Montgomery County happened to have whole body weighing tables. It's not easy to weigh a dead body that doesn't want to oblige and step on the scale. You need a very particular bench type scale. We have one at the medical examiner's office, but none of the morgues in any of the hospitals do. They usually are dealing obviously with people who they had the opportunity to measure the weight of while they were alive and cooperative up in the hospital wards.

Q. In any event, that's part of your routine to actually weigh a body or to give an estimate of a body's weight?

A. Correct.

Q. And since that's a practice of yours, you feel that you're pretty good at doing that?

A. I usually when comparing it with the measured weight at Philadelphia Medical Examiner's office get within 10% of the right number, correct.

Q. Just so we have a picture of Kurt Hophan. Can you tell me what you found his height and weight to be?

A. His length at five feet ten and a half inches and estimated his weight about 220 pounds. He was mildly obese and quite a muscular individual.

Q. Now, also for purposes of doing your examination you will recall your report is written on March 5, 1994; am I correct?

A. Yes.

Q. And that is also the day that you did the examination?

A. Correct. I did the autopsy in the morning. I probably typed it up that evening.

Q. And this is the day after he had passed away?

A. Right.

Q. So at that point in time am I correct that part of what you do is you also have a history that comes to you that helps you in doing your analysis?

A. As were discussed that I know about the patient what is relayed to me by the deputy coroner. Who may or my not have gone tot scene and who would have taken the report of death or may or may not have had the opportunity to speak with the relatives.

Q. You in fact wrote down the history as the, first thing you took note of in the course of your autopsy?

A. That's the way I typed it. The whole thing would have been typed as one item. But that is the part of the autopsy report that I start with, yes.

Q. And as I understand your testimony you were given information from the deputy coroner that the gentleman was on Fentanyl and in fact you can confirm yourself that he was on Fentanyl. You could see the patch?

A. Correct.

Q. And am I correct that the patch itself has Duragesic across it?

A. Yes.

Q. And you're familiar yourself at that time before you even saw that as to what a Duragesic patch was, were you not?

A. I had seen a few of them. They weren't at that time in common use, but we had seen a few go through the medical examiner's office. We've seen a lot more since but in 1994, that was one of only a few that we had encountered at that point.

Q. But in any event, that wasn't something that was new for you. It was there, it was a patch that said Duragesic and you knew it had Fentanyl in them?

A. I knew about Duragesic patches and I knew the active ingredient was Fentanyl.

Q. Am I correct, sir, when you did the autopsy and wrote the report and reached your conclusions that's the only drug that you knew in fact was in him?

A. In terms of being actually applied to him and therefore he had to have it in him that's true. The rest was by history.

Q. And by history you were told by the deputy coroner that they had found several near empty bottles ever other pills around him which included Restoril, Vicodin and Xanax?

A. Correct.

Q. And am I correct that the source of your information that there were other drugs involved in terms of his passing away was simply by way of the history that was given to you by the deputy coroner?

A. That's correct.

Q. You, yourself, never did anything to determine whether there was any other drug present in his him?

A. Well, there was nothing I could do except take the samples and send them off for testing and that was done.

Q. And you yourself never examined as part generated in your report what role any other drug played in the death as of March fifth when you made your report?

A. Not as of March fifth that's absolutely right.

Q. And then am I correct, sir, that you found in the course of your autopsy that the gentleman had edematous or congested lungs?

A. He had edematous lungs and was general congestion in his organs.

Q. And am I correct that this physical finding is a physical finding that is consistent with death by a narcotic or opioid overdose?

A. It's certainly seen almost routinely in those type of deaths, but it can be seen in other types of deaths as well.

Q. Understand. But in this gentleman we know we have Fentanyl on board and then you find a physical finding which is the congested lungs and the congested organs which are consistent with a narcotic overdose; am I correct?

A. Correct.

Q. And am I correct that that then is the basis of your conclusion that the man died of a drug overdose?

A. That and the lack of any other competent cause of death at autopsy.

Q. Okay.

MR. MURTAGH: Thank you, Doctor.

THE COURT: Mr. Larry, you have redirect?

MR. LARRY: Yes, your Honor.

MR. MURTAGH: One question I forgot. I apologize.

BY MR. MURTAGH:

Q. Am I correct, Doctor, then at the time that you wrote your report on the fifth of March, 1994, you did not know that there was indeed any multiple drug involved. You knew at least that there was just one drug involved?

A. I knew about the Duragesic patch, and I knew he had a variety of other medications available to him. How many of those, if any, would be found on him that's true on March fifth I did not know.

MR. MURTAGH: Thank you, Doctor.

REDIRECT EXAMINATION

BY MR. LARRY:

Q. And to follow-up, what was the result when the toxic report came back?

A. The Xanax report was found, the levels that were within those to be expected.

MR. ALLISON: Objection.

Q. Just a point to clarify in response to Mr. Allison's questions. He asked you about the one centimeter hydrocardial bridging?

A. Yes.

Q. Doctor, did that have any role in the cause of Mr. Hophan's death?

A. No.

Q. You were asked questions that suggested that the blood samples once you took them were out of your control and you didn't know what happened to them. If you would look at exhibit six which is the NMS report, whose name is on it reflecting whose blood it is?

A. It is identified as the toxicology report of Kurt Hophan and it does have his control number and the NMS fixation number that they've given it on receiving it from the coroner's office.

Q. And lastly, you were asked about what specific recollection you have today sitting here about the autopsy you did on Kurt Hophan four years ago. Sir, is there any doubt in your mind that the autopsy report that's been offered into evidence as exhibit seven correctly reflects the autopsy you performed?

A. I have no doubt that what I wrote is what I saw at the autopsy.

MR. LARRY: Thank you, sir. No further questions, your Honor.

MR. ALLISON: Nothing further, your Honor.

MR. MURTAGH: Nothing, your Honor.

THE COURT: Thank you. You may step down. That concludes your testimony.

(Whereupon the witness was excused.)

MR. LARRY: Our next witness will be Dr. Randall Baselt. He's expected to be quite a lengthy witness. We need to get him over here. We thought we would go straight up to noon with this witness.

THE COURT: He is not here at this point?

MR. LARRY: He is not here yet, your Honor.

THE COURT: Do you have something brief that you could put in at this point?

MR. RAYNES: Yesterday I forgot the mark the prescription Dr. Greene gave. Could we just stipulate to that?

MR. MURTAGH: I have no problem stipulating to that.

MR. RAYNES: I want to read it into the record, your Honor. I just wanted to read into the record yesterday. Dr. Hood, I think misspoke and said a hundred.

MR. ALLISON: Objection.

THE COURT: I missed what you said.

MR. RAYNES: Dr. Hood yesterday misspoke and said 100 microgram patch and it was the prescription is clearly 75.

MR. ALLISON: Objection.

THE COURT: Without testifying. If you wish, there's been a stipulation you can read into the record what the prescription says. That's different from your testifying about it.

MR. ALLISON: Thank you.

THE COURT: I will strike your remarks.

MR. RAYNES: Duragesic patch is 75 milligram. We're going to read in the deposition of Dr. Yee if we may, your Honor. If Mr. Steven Raynes could be the witness and I will read the questions.

MR. GORE: They gave me the copy of Dr. Yee's deposition he wanted use, this morning. I haven't had a chance to look at it.

MR. RAYNES: We'll withdraw it right now and we'll do it over lunch. Could we then retire 15 minutes early rather than try to find something? We're going to have a full afternoon.

THE COURT: I don't want you to do that again but we will do that.

Ladies and gentlemen, we're going to break for lunch. You probably heard me say I have a meeting that goes from 12 to 1:30 so we'll be back at 1:30. Remember my regular instructions. Please don't discuss this matter, not among yourselves, not with anybody else. Don't make any independent experiment or investigation. Have a good lunch and if there should be media coverage, do not look, listen or read. Have a good lunch break. I'll see you at 1:30. As far as I know we'll start on time.

(Whereupon the jury exits the courtroom.)

(Whereupon the following exhibits were marked and made part of the record by Mr. Stephen Raynes during the luncheon recess:)

P-8. Deposition transcript of Robert Gale.

P-9. Resume of Dr. Gayle.

P-10. Package insert for the Duragesic patch number 304.
END OF DOCUMENT