Document B5jrjgE7yYk846zbqoOJk0KnE

FILE NAME Quigley QUIG DATE 2014 DOC QUIG052 DOCUMENT DESCRIPTION Legal - Declaration of Barry Castleman HONORABLE ROBERT J. BRYAN UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA SHARLEEN SPRAGUE Personal Representative of the Estate of JAMES OLSON MARTHA P. LANGDON Individually and as Personal Representative of the Estate of WAYNE V. LANGDON 10 Plaintiffs 11 V. 12 PFIZER INC 13 Defendant 14 NO 05084 DECLARATION OF BARRY I. CASTLEMAN 15 I BARRY I. CASTLEMAN declare and state as follows 16 1 I am over the age of 18 and make this statement based upon personal knowledge 17 am qualified to offer the opinions contained herein for each and all of the below stated reasons 18 2 In 1968 I received a Bachelor's Degree in Chemical Engineering from Johns 19 Hopkins University I also have a master's Degree in Environmental Engineering which was 20 mainly in areas related to air pollution control from Johns Hopkins University 1972. I was 21 awarded a Doctor of Science Degree in Health Policy from Johns Hopkins School of Hygiene 22 and Public health in 1985. The Doctoral degree was awarded for two years of course work 23 DECLARATIONDECLARDECALARTATIIONON OF BARRY CASTLEMANCASTLEMAN - 1 BERGMAN DRAPER LADENBURG HART 614 FIRST AVENUE FOURTH FLOOR Rio cee tre AAAA various examinations and the writing of a doctoral dissertation The course work was mainly in the areas of toxicology epidemiology biostatistics physiology and public health policy 3 My doctoral thesis was Asbestos An Historical Case Study of Corporate Response to an Industrial Health Hazard and is largely identical to a book published in 1984 by Prentice Hall Law and Business called Asbestos Medical and Legal Aspects now in its 5th Edition 2005 The doctoral thesis is a historical review of the asbestos problem as a public health problem in society worldwide but mainly in the United States It encompasses a comprehensive review of medical literature of all kinds as well as other literature available in libraries and published sources such as government publications safety magazines engineering 10 journals trade magazines insurance publications encyclopedias magazines and newspapers 11 4. In addition to published information of all kinds I examined files unpublished 12 information available from the U.S. government archives the archives of scientists and the 13 archives of institutions that had worked for and with asbestos companies I also looked at 14 unpublished information which was obtained in legal discovery This included trade association 15 minutes corporate documents and testimony of corporate officials who were associated with 16 asbestos hazards over the years -doctors plant managers executives and other people who were 17 aware of events that transpired 18 5 In sum my professional experience goes back over forty years in the area of 19 asbestos and other occupational and environmental health problems My field is occupational 20 and environmental policy which is a branch of Public Health mainly oriented towards the 21 recognition of risk factors and the prevention of disease from industrial activities 22 6 In addition to published information and corporate knowledge that came out of 23 mainly legal discovery I have also interviewed historically important practitioners in the field of DECLARATION OF BARRY CASTLEMAN - 2 BERGMAN DRAPER LADENBURG HART 614 FIRST AVENUE FOURTH FLOOR industrial medicine and hygiene These included physicians who were active in the field of occupational medicine such as Harold Stewart who first published on asbestosis in 1931 and Alfred Angrist who first published on asbestos and lung cancer in 1942. They are both pathologists Dr. Wilhelm Hueper a leading United States authority in the field of occupational cancer and first director of the environmental cancer section of the National Cancer Institute Dr. Harriet Hardy Dr. Thomas Mancuso Dr. Gerrit Schepers and others who were involved in the area of asbestos and health over the past decades 7 The relationship between asbestos and lung disease was documented in the medical literature from the 1920s onward and the occupational hazards of asbestos exposure was 10 known within industry from the 1930s However until the 1960s there were few 11 references to asbestos hazards in the popular press available to consumers 12 8. In 1964 Dr. Irving Selikoff and his coworkers published a mortality study in 13 JAMA showing that there was a substantial excess of occupational cancer and deaths from 14 asbestosis among people involved in the insulating trades Later in 1964 at an international 15 conference held in New York City and published in 1965 entitled Biological Effects of 16 Asbestos Selikoff and his coworkers reported that around 80 of the people who were in the 17 insulating trade had developed asbestosis by the time they had been in the trade for 30 years or 18 more The Selikoff report was widely reported in the popular press and led to increased 19 awareness among the consuming public that asbestos was hazardous to human health Exhibits 1 20 and 2 are articles from the New York Times discussing Dr. Selikoff's report 21 9 In the years following the Selikoff report local newspapers around the country 22 devoted increased attention to asbestos hazards Exhibits 3 4 5 and 6 are copies of articles 23 from the Seattle Times in the 1968-1974 period discussing asbestos hazards which are DECLARATION OF BARRY CASTLEMAN PH.D - 3 BERGMAN DRAPER LADENBURG HART 614 FIRST AVENUE FOURTH FLOOR SEATTLWEA 98104 12/21/2014 22:33 FAX generally representative of articles published nationwide In addition to newspaper reports increased their reporting of asbestos hazards in the 1960s and earlypopular magazines 10/12/1968 1970s Exhibit 7 is a widely publicized article that appeared in the New Yorker on 10/12/1968 ~ 10. have reviewed marketing materials for Insulag refractory lagging in this case attached as Exhibit 8. Those marketing materials represent that Insulag is injurious and the contain the Pfizer and Quigley logos side over phrase Manufacturers of Refractories- Insulations While not an expert on branding I have been asked to assume that as Pfizer's brand identity was associated with health and safety while a pharmaceutical company Quigley's brand was historically associated with refractory and insulation 11 Any representation that an containing product was injurious ran 10 medical scientific and regulatory opinion that existed in the 1968-1974 11 contrary to the prevailing 12 time period Morcover as have described above the extent of public concern regarding 13 asbestos hazards was increasing in the 1968-1974 period during which containing and sold with the Pfizer logo Assuming that Pfizer's brand 14 Insulag was being manufactured 15 identity encompassed health and safety associating that brand with a representation that Insulag 16 was injurious would have added credibility to this representation and countered popular 17 concern over asbestos hazards associated with the product 18 I DECLARE UNDER PENALTY OF PERJURY OF THE LAWS OF THE UNITED 2 STATES THAT THE FOREGOING IS TRUE AND CORRECT 2 2 yourret Dated = Pack Maryland this 21 21 day of December 2014 22 oad 23 DECLARATION OF BARRY CASTLEMAN -4 BERGMAN DRAPER LADENBURG HART 614 FUST AVENUE FOURTH FLOOR SEATTLE WA 98104 TELEPHONE 306.967.9510