Caselaw

Class Action (Tel Aviv) 11278-10-19 Yehoshua Klein v. Oil Refineries Ltd. - part 64

January 13, 2026
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The witness, Prof. Mr. S.  Lynn:    It's, let's start like this, there's math specifically, This is a complicated subject, difficult to measure biologically.  You say in biology to do an experiment, is that what you say?

Adv. Dr. Tal Rotman:          Yes

The witness, Prof. Mr. S.  Lynn:    Yes, that's true

Adv. Dr. Tal Rotman:          Right? It is difficult to conduct controlled experiments on this topic

The witness, Prof. Mr. S.  Lynn:    True

[....]

Adv. Dr. Tal Rotman:          I ask Is it true that synergy stems from the fact that matter has effect A for substance A, for substance B to effect B, and if in an additive effect they build up to each other, here there is another component of something that happens in addition to each of them separately.  yes or no?

The witness, Prof. Mr. S.  Lynn:    Yes

[....]

Adv. Dr. Tal Rotman:          Do you remember what you called him?

The witness, Prof. Mr. S.  Lynn:    Antagonism

Adv. Dr. Tal Rotman:          Antagonism

Adv. Dr. Tal Rotman:          Antagonism, so he takes down

Adv. Dr. Tal Rotman:          Download

The witness, Prof. Mr. S.  Lynn:    True

Adv. Dr. Tal Rotman:          That is, it could be that the two substances together

The witness, Prof. Mr. S.  Lynn:    Absolutely, right

Adv. Dr. Tal Rotman:          And in the end, there is less cancer than one might have expected

The witness, Prof. Mr. S.  Lynn:    TrueIt's just more likely to me than not that two factors. 

(Expanded on pages 699-703).

  1. According to Dr. Shlita, in essence, there are interactions between different chemical contaminants and their effect on each other may be increased by synergism.
  2. Shlita confirmed that he is not an expert in the field of 'synergism' (page 91, line 8), he confirmed that in his supplementary opinion he noted that the mixture often has a synergy phenomenon (ibid., on page 7). According to him, in order to know if synergy exists, it is necessary to check "... And it's always a matter of quantities and percentages and everything" (page 192, line 11). Regarding hundreds of pollutants, Dr. Shlita replied that they are not subjected to a synergy test and that "... They do a test on two, on three, but they don't do it on hundreds." He was asked whether "...You don't do it on hundreds, so you can't actually test our mixture and know if there was synergy or antagonism," and he replied in the affirmative (page 193,  lines 7-9).
  3. Shlita was referred to page 51 of his first opinion in the chapter dealing with synergy in multi-polluting mixtures, and to what he wrote there, according to which, among other things, the mixtures 'resemble the cocktail of pollutants in the air of Haifa Bay and the surrounding area', and he was asked and answered as follows:

Q:        ... My question, How do you know that these mixtures are reminiscent of the mixture in the air in Haifa Bay??

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