Document 82qoMyjD11gRY6jzJdpjmbwya

FILE NAME: St. Gobain (SG) DATE: 1999 June 10 DOC#: SG001 DOCUMENT DESCRIPTION: Legal - Declaration of Barry Castleman 1 D E C O R A TIO N O F BARRY I. CASTLEMAN. Sc.P. 2 I, BARRY I. CASTLEMAN, declare: 3 1. I am an environmental consultant, and have a Doctorate of Science degree from 4 the Johns Hopkins School of Hygiene and Public Health. I have testified in the various 5 Superior Courts for the State of California on various occasions in regard to asbestos related 6 injury lawsuits. I have previously testified in this Courtroom as an expert on two occasions, 1 once with Mr. Maher and Mr. Keese in a consolidated asbestos trial, and a second time with 8 Mr. Davis and Mr. Thomas during the consolidated Fowler and Dircks mesothelioma trial, 9 both in 1997. I have performed extensive current and historical research regarding the 10 scientific, medical and corporate knowledge regarding asbestos and asbestos-related 11 disease. My area of expertise is occupational and environmental health, generally, and the 12 history of knowledge about asbestos in particular. I have testified in over 100 asbestos trials 13 as an expert witness In both state and federal courts throughout the United States over the 14 last ten years. If called upon to do so, f could and would competently testify to the following 15 from first hand personal knowledge. 16 2. My opinion, as I have expressed in the past, is that it was well known in 17 industrial medicine and industrial circles in the 1930's that the inhalation of asbestos dust 18 was associated with asbestosis, a lung disease capable of causing disability and death. This 19 information was published in medical journals, medical texts, other medical publications, 20 engineering magazines, safety magazines, trade publications, insurance publications, legal 21 publications, and general encyclopedias. 22 3. Illness among employees of companies using asbestos was also known 23 to companies in the industry through medical examinations, workers compensation claims, 24 confidential research studies, and other sources developed within companies and within the 25 industry. 26 4. The cancer hazard of asbestos exposure received increasing attention in 27 occupational health circles in the 1940's and was established as an additional risk of 28 asbestos work by the end of the 1940`s. 06/10/99 18:11 TX/RX NO.4051 P.002 ,1 5. Sophisticated companies like Carborundum Company and Norton 2 Company, who were using raw asbestos as part of the manufacturing processes, should have 3 been aware that asbestos use was a mortal hazard 1rom the 1930's onwards. 4 6. Carborundum Company was a member (appearing to be a founding S member) of the Industrial Hygiene Foundation ("IHF'') starting in 1937 until 1970. This is 6 indicated in an attachment to a deposition, Ex. 23 to the deposition of Dr. Daniel Braun, taken 7 4/29/81. Exhibit 23 is a 1969 IHF annual report listing members with the listings showing 8 current members with the date they joined. Carborundum Company is listed as joining in 9 1937. 10 7. In 1945 Carboundum Company was on the board of trustees of the IHF 11 as indicated in the picture on page 728 of my book, of which a true and correct copy Is 12 attached as an exhibit to plaintiffs' opposition. This picture Is from the industrial Hygiene 13 Digest, date May 1945, as indicated In the caption. This picture came from the cover page 14 section (news and events page) entitled the "Foundation Facts". IS 8. Carborundum Company's position in the IHF put them in a position to lit understand and appreciate the hazards of asbestos. There were regular published IHF 17 medical, legal and engineering conferences. There were annual legal meetings to discuss 18 workers' compensation laws and significant legal decisions. Additionally, the IHF supplied to 19 its members confidential industrial hygiene surveys, and the Industrial Hygiene Digest which 20 abstracted the current medical literature and articles regarding asbestos and asbestos 21 disease. 22 9. In 1946, Dr. W .E. Fleisher, et al., discussed In his Article entitled "Survey 23 of Pipecovering Operations in Constructing Naval Vessels Hvarious dust producing activities 24 associated with asbestos product use, and electrical band sawing of asbestos materials was 25 identified as one of the dustiest processes. At that time, band saw cutting produced visible 26 dust that was known in the field of industrial hygiene to exceed recommended exposure 27 levels. Carborundum Company, being a member of the IHF, would have had immediate 28 access to that article in 1946, as it appeared in the abstract. In fact, the conclusion that band 06/10/99 18:11 TX/RX NO.4051 P.003 i sawing was a dusty and dangerous operation was noted in the abstract. 2 10. Conditions creating visible dust in the manipulation of asbestos-contain 3 ing materials, particularly power sawing, were known as a mortal hazard as far baok as 1938. 4 Manufacturers of cutting equipment and grinding wheeis/blades were well placed to know the S dust release hazards their products posed when used on asbestos containing materials. 6 11. An important fact, not to be overlooked, Is that Carborundum actually had 7 blade recommendations specifically for cutting asbestos containing materials. Please refer to 8 the Carboundum company catalogue attached as an Exhibit to plaintiffs' opposition. 9 12. That sophisticated manufacturers, like Carborundum Company and 10 Norton Company, who had the knowledge to recommend products (blades) for certain 11 materials with certain hardnesses, likewise possessed the knowledge to warn against known 12 dust health hazards and also recommend safeguards against using their blades in creating 13 visible dust with respect to asbestos-containing products. 14 13. The decedent in this case, Marvin McAdams, was exposed to serious IS occupational disease risks that were known in the industry and that were preventable had 16 Carborundum Company and Norton Company carried out their responsibility. It is my opinion 17 that Carborundum Company and Norton Company were negligent in failing to advise workers 18 who used their blades to use precautionary measures to avoid asbestos fibers released from 19 asbetsos-containing materials cut by their blades, and such negligence was a substantial 20 factor in causing Mr. McAdams' mesothelioma. 21 14. The documentation supporting these opinions consists of published and 22 unpublished source materials cited in my book, Asbestos: Medical and Legal Aspects, which 23 is in large part identical to my doctoral thesis, Asbestos: An Historical Case Study of 24 Corporate Response to an Industrial Health Hazardl 25 I declare under penalty of perjury, under the laws of the State of California, that 26 the foregoing is true and correct. 27 Executed this 10th day of June, 1999, at BaltWioj> MariMnd. _ 28 06/10/99 18:11 TX/RX NO.4051 P.004