Document 8VK84o2J52qdg13DVwGJLDba

FILE NAME: W elding (WELD) DATE: 1995 DOC#: WELD021 DOCUM ENT DESCRIPTION: Legal - Affidavit of W illiam Nicholson ROBERT JACOBS * THOMAS C. CRUMPLAR + MARLA ROSOFF ESKIN 0 ELIZABETH BAR N E S LEWIS +0 V IN C E N T J .X . H ED R IC K, II * ALSO A D M ITTED U. S. PA TENT O FFIC E DISTR IC T O F CO LU M B IA BAR + ALSO A D M ITTE D NEW JE R S E Y ALSO A D M ITTED P E N N SYLVA N IA BAR J acobs & C rumplar, P.A ATTORNEYS AT LAW 2 EAST 7TM STREET P. O. BOX 1271 W ILMINGTON, DELAWARE 1 9 8 9 9 April 7, 1997 FAX (3 0 2 ) 6 5 6 -5 8 7 5 Barry Castleman, Sc.D. 2412 Pickwick Road Baltimore, MD 21207-6631 Re: Welding Rod Defendants Dear Dr. Castleman: Pursuant to our telephone conversation of this morning, I am enclosing copies of Dr. Nicholson's and Dr. Dement's affidavits and deposition testimony regarding welding rod exposure, as well as Dr. Dement's study dated March 14, 1995 regarding welding rods If you have any questions please feel free to contact me VJH\pra Enclosure Vincent J. X. Hedrick, II AFFIDAVIT OF DR. WILLIAM J. NICHOLSON STATE OF NEW YORK COUNTY OF NEW YORK SS. : APPEARED BEFORE ME, a Notary Public for the state and county aforesaid, William J. Nicholson, Ph.D., who being duly sworn on 1995, did depose and, based on his personal knowledge, state as follows: 1. He is currently employed by Mount Siani Medical School in New York City where he is Professor of Community Medicine and is involved with epidemiologic and industrial hygiene research. 2. During the course of his academic career and professional training he has conducted, studied and evaluated air sampling studies performed at asbestos manufacturing plants and upon various asbestos products. In particular, he has studied the release of asbestos fibers during normal use and handling, and during application, removal and replacement of asbestoscontaining products. 3. The welding process does decompose the asbestos at the point of arc. However, this is not true for the flux coating below the arc area. According to the literature, unless the entire welding rod is consumed during the process, the flux on the used rods is more friable and results in release of fine asbestos-containing dust when the rods are handled. He has also read the deposition of Jack Peterson, Ph.D. and Dr. Thomas Eagar and believes that when the rods are'* handled, there is a release of particles containing asbestos which would be inhaled. It is l  his opinion, based on reasonable scientific probability, the handling of new and used welding rods does create respirable asbestos dust. 4. He is familiar with the scientific literature on the risk of welding. There are early reports in the 1940s showing that welders were at risk for asbestos-related disease. Asbestos bodies have been found in the affected organs of cancer patients SWORN TO AND SUBSCRIBED before me, a Notary Public, on the date and year aforesaid. 2