COURT REPORTER Katherine Eismann, CSR,RPR,CM

520 Southwest Main Rm 225

Portland, OR 97205 (503)326-3113

TRANSCRIPT OF STATUS CONFERENCE

BEFORE THE HONORABLE ROBERT E. JONES

UNITED STATES DISTRICT JUDGE

APPEARANCES

Thursday April 4, 1996, 8:35a.m.

Quote from court documents:

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9 THE COURT: The one think I did want to mention to you,

10 and I have searched my own sould about this quite deeply, is

11 Pearl, my wife, has had two breast implants. She had her

12 first surgery in 1977 with a mastectomy, and then the next

13 year she had cancer of the cervix. And they did, of

14 course, the whole thing. Took out all the plumbing then.

15 She had--it was done by Dr. Hale. I don't know if you

16 know Lloyd Hale or not. He's a brilliant guy.

17 And the first implant didn't work out. It

18 cane out looking like a cube, and it was hard. And then

19 later on, he did another one that is still no anywhere any

20 cosmetic perfection, but it works better than using

21 cloth, an insert.

22 I do not know who manufacturer the implants.

23 I don't know which--who is involved, and I consider-

24 Pearl is a very healthy person that doesn't complain. And

25 her situation, to me has no relevance to any legal rulings

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1 I make in this case. She, if she had problems, she is the

2 type who wouldn't complain about them, so I know nothing

3 about it other than she's had them. And that as far as I

4 am concerned, I have no prejudices or no leanings on way

5 or another, I have no mind.

6 That doesn't mean that I will admit all

7 evidence as proffered or exclude all evidence as proffered.

8 I will just look at whatever state of the art is. And

9 that keeps thinkgs moving all the time, as we all know. But I did

10 want to make that disclosure. And if that creates any problems

11 for anyone, why that's up to you. But I am not

12 going to recluse myself on these cases because of that. And

13 so, that's that.

14 Judge Dale, I think you heard about his

15 terrible situation.

16 MS TROUTWINE: Last time I heard he was-

17 THE COURT: In a nursing home with a loss of

18 oxygen in the brain, and he can't even put sentences

19 together. But, his wife, I think is in your group. Fran

20 had double mastectomies. Pearl has counseled a lot of

21 people that have mastectomies. As far as her

22 psychological state is concerned, she's a real brick.

23 Including my cousin, who is an M.D., PhD. psychologist,

24 psychiatrist, in Pasadena, and my wife ends up counseling

25 his wife on how to cope, how to cope with the trauma of a

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1 mastectomy and stuff. Anyway, I thought you should know

2 that.

3 MS TROUTWINE: Thank you for saying that.

4 THE COURT: Okay, Now-