Document G6xJ7XnGjKYDJrvBxkZ8ov2mv
1 RON C. EDDINS, CA Bar No. 243581
JENNIFER L. BARTLETT, CA Bar No. 183154 2 STUART J. PURDY, CA Bar No. 239878 3 SIMON, EDDINS & GREENSTONE, LLP
301 East Ocean Blvd, Suite 1950 4 Long Beach, California 90802
Telephone (562) 590-3400 5 Facsimile (562) 590-3412 6 Attorneys for Plaintiff
Plaintiffs' Exhibit BX 5055
7
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF LOS ANGELES
11
12 EDWARD GUERRA,
13
Plaintiff,
) Case No. BC 365479
)
j Assigned for all Purposes to The Honorable Rita Miller
14 Department 16
\15
16
BONDEX INTERNATIONAL, INC. et al.
j
DECLARATION OF MARGARET J. BAUMGARDNER, CRMC RESEARCH COORDINATOR
17
Defendants.
) ) Complaint File:
January 29, 2007
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) Trial Date:
January 7, 2008
) 19 )
20 ) )
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22 "My name is Margaret J. Baumgardner. I am over the age of 18, and of sound mind, capable
23 of making this declaration. All the statements contained herein are true and correct, and are based on 24 my personal knowledge.
25 I am not a party to this action. I have personal knowledge of the facts set forth in this
26 declaration, and if called as a witness, I could and would competently testify as to the truth of the 27 matters set forth herein. 28 I am the Research Coordinator for the Claims Resolution Management Corporation
1
1 ("CRMC"), a wholly owned subsidiary of the Manville Personal Injury Settlement Trust ("Trust"). 2 The CRMC was created in December 1998, and is staffed by former Trust employees. On January 1, 3 1999, CRMC began providing claims resolution facility services to the Trust. 4 In this position, I manage the Asbestos Claims Research Facility ("Facility"), a document and 5 records repository located at 3390 Peoria Street, Suite 304, Aurora, Colorado. The Facility contains 6 the business records including but not limited to correspondence, memoranda, reports, records and 7 data compilations ("record") of Manville Corporation or related entities ("Manville"), generally, as 8 well as Manville records relevant to litigation of asbestos liability. The Trust has managed and 9 operated the Facility from November 28, 1988, the date on which the Manville bankruptcy plan was 10 consummated. 11 My experience and familiarity with the documents at the Facility began in 1983 while working 12 for Manville. In my work as a paralegal for Manville, I assisted in locating, indexing, and packing 13 many of the records which became the foundation documents for the Facility. I continued to work for 14 Manville until September 1987. From March 1988 to September 1988, I was hired to supervise and 15 assist in the indexing of the first 20,000 boxes which were turned over to the Trust in November 16 1988. From September 1988 to January 1989, I assisted in the privilege review of documents to be 17 given to the Trust. From November 1988 to April 1994,1 worked for Freeborn & Peters and was put 18 in charge of the Facility, managing all production and "new" acquisitions. In September 1995, I was 19 hired by the Trust to manage the Facility. In December 1998, I was hired by the CRMC to manage 20 the Facility for the Trust. Accordingly, I am personally familiar with many of the records stored at 21 the Facility, as well as how the records have been gathered. 22 To the best of my knowledge, information and belief, I certify that these records were made at 23 or near the time by, or from information transmitted by, a person with knowledge, were kept in the 24 course of the regularly conducted business activity of Manville, and it was the regular practice and the 25 business activity of Manville to make the records. 26 Documents from this facility were copied for the firm Simon, Eddins & Greenstone. The 27 copies have come from files and microfilm at the Facility and are bates labeled CRMC-SEG-002757 28 through CRMC-SEG-002769 and these documents are true and correct copies of documents found at
2
1 the Facility. 2 I declare, under penalty of perjury under the laws of the State of California, that the above is 3 true and correct. Executed in Aurora, Colorado on January 8th, 2008." 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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1
2 PROOF OF SERVICE
3 STATE OF CALIFORNIA
)
4
COUNTY OF LOS ANGELES
) )
5
I am employed in the County of Los Angeles, State of California. I am over eighteen 6 years of age and not a party to the within action; my business address is 301 East Ocean Blvd.,
Suite 1950, Long Beach, California. I am employed in Los Angeles County, California. 7
On the date set forth below, I served the foregoing document(s) described as: 8
DECLARATION OF MARGARET J. BAUMGARDNER
9
On all interested parties in this action by placing a true copy thereof enclosed in a 10 sealed envelope(s) addressed and sent as follows:
11 SEE ATTACHED SERVICE LIST
12 [ ] 13 14 15
BY MAIL: I caused such envelope(s) to be deposited in the mail at Long Beach, California with postage thereon fully prepaid to the office of the addressee(s) as indicated above. I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit.
16 [ ] 17
BY FACSIMILE: I caused a courtesy copy to be transmitted by facsimile to the facsimile number of the offices of the addressee(s) as indicated above and below (see service list).
18 [ ] 19
BY FEDERAL EXPRESS: I caused such envelope to be transmitted by federal express for next day delivery (by 10:30 a.m.) to the offices of the addressee(s).
I declare under penalty of perjury, under the laws of the State of California that the 20 above is true and correct.
21 Executed thisday of2008, at Long Beach, California
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4
1966
Mx. Hoel Hendry
Canadian Johns Manville Co. Ltd.
Asbestost Quebec
I
Canada
'
Dear Hoel1
Just to be sure you have a copy, an article that appeared in Chemical Week magazine is inclosed.
So that you'll know that Asbestos is not the only contaminate*, a second article from O.P. & D Reporter asses}a share of the blame on trees.
Ky answer to the problem is: if you have enjoyed a good life while working with asbestos products why not die from it. There's got to be some cause.
SAMtMAC!
EBCl A
Director Of Purchases E. A. Martin
CRMC-SBG-0027S7
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VoL 99, No. IS
October 8, ISGu
THIS WEEK IN BUSINESS
1 5 VIEWPORT: V/age-price nuitleprj'.ts it.ive hrnkrti do-,-;'-. .vul unlcre fel^f .Kto r?:.--,nagsmsnt voluntarily repair them, mandatory controls are inevitable.
u.n,^biic_Health Service and Jnlms-Mcnville deny cr-.;-;tousto--. Bern sho-.-.-n to On a rmhhe h-vtiiii m-im,
25 .Seeking "fair share" of law-cost petrochemical feedstocks: At Oew and Mess teem about to get special import quotas, others eye lor.-, tr.-cs ic - _
27 Fur companies that store oil*. cln'mical*, ottier hum m rented -1
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countants' committee sug'Bi's safeguards to prevrn moth"
el ;i>cr.
23 New forum, old debate: Spokesmen for domestic sr i fore-go thetic organic chemicals sum up latest tariff argumsr s for AIDiG
r
23 Financial revelations coming front chemical companies -id dhrisicos: Ci';**! t~ s. prevails over disclosure, but reporting of divisional lata ta be rrou-'-g.
30 More mergers and aertuisitinns: Sohio hncftmns hilt c err a? Moi.rt . <*' * r AIco gets Rubber-Plastics Industrie-.; SberiwrvV/iMi.sm' buys Spray-*!* ""Cii." *
31 High court to rule on disputes of tig conc-rrn to c* emteal romp.-i- e---c < ;i conglomerate mergers, franchise d-ner-.lups. "p:rt-/!--ck" f.-e "ha: v
43 Diaz Administration intent on boosting fertiliser and pesticide production to he3:* feed growing population, gives Mexico s better foreign trade balance.
DEPARTMENTS
66 'Continental" executives living in Puerto Rico find the; the U.5. territory combine* the pleasures and problems of 3 foreijn assignment.
Business Benchmark* 110 no New orders for nonelectrical equipment are running 23% ahead f tati year, istot
Business Newsletter
19
not all six machinery makers are sharing equnlty in th<s beam.
Countdown
105
International
45
Kay Changes
201
Letters
7
Marketing Market Newsletter Meetings
72 95 Toms River Chemical builds 600.000-gal. rubber-lined waste ditisasal ba*. for use 75 In emergenefes--fueh as a breakdown in its effluent discharge {hoe&n*.
7
National Roundup People . Production
39 96 Pittsburgh Plate Class Is offering a novel process or making strong, ersek^mt 65 foams of alumina or other refractory asides. 95
Research Sg-yt, Specialties
96 79
Technology newsletter 91
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Viewpoint
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Washington Newsletter 35
79 Rare earths are literally lighting their way to new aerifications to fic*pe-seet
World Roundup ^
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high-pressure discharge lamps, as well in color tv.
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To mr, lintwm: tit,: article tilled Asbcvtns: Awaiting 'Trial'" (C IT, Sept. 10. p. J.1) contains many inac curacies. which have ini to erroneous assumptions and false conclusions.
Briefly, the facts arc these: (1) Asbestos is a uniquely useful
prosluct serving the needs of modem man and society, and it is not likely to be replaced by economically feasible synthetic polymers, or anything else,
in the foreseeable future. (2) No published reports, even the
most speculative, support the general ized statements in your article regard ing health effects of possible exposure to asbestos.
(3) There is no basis for the sugges tion that Congress "may act" regard ing asbestos use, for no such proposals are being considered by Congress. We are informed that the congressman quoted as predicting action disclaims any knowledge of health evidence relating to asbestos or of proposals to control its use.
(4) No evidence exists to show that s^bestos poses health risks for the gen-
al public or to show that even I'Dof Americans base "mild chronic a.sbcsrosis." much less the eCT--figure you give in your article.
(5) Regarding yottr list of "sources of airborne asbestos," there are no data to support the contention in your article that the "man on ihe street" is exposed to asbestos from these sources, or indeed that these sources contribute asbestos to the ambient air-
(6) We know of no data to support your claim of a sixfold increase in socalled "asbestos-related cancer."
As you doubtless realize, the proper conduct of our business requires us to keep abreast of scientific developments regarding asbestos, both medical and technical. Is is our opinion that syn thetic polymers are not likely in the
j ClV welcomes expressions nf ] opinion from readers The only I requirements: that they he* per I tine/it, as brief as possible.
^ Address all correspondence
. to: H. C. E. Johnson. Chemical
j Week. 330 West -Cnd St.. New.
I Yo-k. N.V. 10036.
.
forc-.ce.tulo future to cmnpli-mly re plied ;rJ>cvins in die m.uty afiplio.-iti.ui-. fur which it is now used. Auv syn
thetics would have to p'tive Mijn-nut to natural ai sbestos and be cccnomiealIy cpmpctuivc.
A.s to health aspects, in June of ibis year the U.S. Surgeon General ap peared before the Senate Public sV.uki Subcommittee art Air and Water Pol lution, with Senator rdmund Minkin rtf Maine as chairman, to discuss var ious problems relating to air-pollution abatement. Surgeon General William Stewart enumerated a number of sub stances in common use. including plastics and asbestos, about which he said: "The public health hazards that may arise from these aspects of en vironmental contamination have not been adequately documented. In each instance further investigation is needed to determine whether health is indeed threatened and what control measures may he necessary,"
In these day* when all substances in our air and ivater and even the food we cat are constantly under scrutiny, as to their effects on the pul*, lie. the fact that asbestos is among the subjects of investigation is not surpris ing. In fact, we have always-supported and will continue to support investiga tions by the U.S. Public Health Service and other research scientists.
Roger Hacknev Vice-President
Johns-Manville Corp. New York
To the Editor: In reference to your article. "Asbestos: Awaiting 'Trial'" (Sept. 10. p. J2). we know of no scientific evidence supporting the statement that "JOT of all Amer icans have milJ, chronic cases of ashestosis."'
Even in the ashesto- inju-.:rs. where more is known about esp.-.ure !e*eN than among the general p.'piiUth'n. there is imprecise knowledge .stvm the h.-allh effects of exposure to as bestos. ' With the cooperation of laS?r and industry, the Division of Occupation :l Health has under way a long-range, in-depth study to answer this question, as welt as to develop better criteria for the safe handling and manufacture
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CRMC-SEG-002761
ASBESTOS AND HUMAN HEALTH
INTRODUCTION
Asbestos, known since antiquity, has wide-spread and important
applications in our modern industrial society. With the 20th Century
burgeoning of the uses *o asbestos has come recognition of the need* to
cope with occupational hazards^ associated with excessive inhalation of
asbestos dust. This statement summarizes the essential uses of asbestos,
the known facts about health problems associated with occupational exposu
to asbestos dust, and the research being conducted to identify and reduce
these health risks.
AN ESSENTIAL PRODUCT
.`
*'
Asbestos has many essential functions in construction-, in industry
and in transportation. Over the years fireproof asbestos has saved
thousands of lives and much valuable property. For safety, fire preventii
and other reasons, products containing asbestos are used in schools,
houses, theaters,' ships, office and other public buildings, furnaces,
boilers and firefighting equipment. The brakes on automobiles, trucks,
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.
buses and trains are dependable because asbestos is a major component of *
brake linings.
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.
. .
CRMC-SEG-002762
More
WHAT IS ASBESTOS?
2- -
Asbestos (from the Greek "unquenched") is the name given a family
of mineral fibers comprised of three major types -- chrysotile, crocido
and amosite - - each of which differs from the other; physically and
chemically. Studies of the relationship between asbestos and health ar
complicated by this diversity.
..
Chrysotile is a -white magnesium silicate, can be attacked by-acids has a positive electrical charge, is flexible and not easily pulverized Crocidolite is a blue ferrous sodium silicate, is acid-resistant, has a negative electrical charge, and is less flexible than chrysotile. Amosite is a ferrous magnesium silicate with a negative electrical chari is brittle and easily pulverized.
In the United States, chrysotile, amosite and crocidolite are all used, by chrysotile is by far the most common, accounting for about 90 per cent of the asbestos consumed in this country.
NO RISK SHOWN FOR GENERAL PUBLIC
CRMC-SEG-002763
. In studies of asbestos exposure and human health, research has not shown evidence of any risk to the general public from the use of finisht asbestos products. There is no scientific evidence that anyone has eve3 contracted any disease from exposure to the wearing or weathering of bre linings, floor tile, roofing or other products containing asbestos.
The lungs of workers known to have repeated exposure to the inhalal
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of asbestos fiber over a period of months or years contain myriads of
small microscopic sized structures composed of fiber coated with layers
of protein and iron pigment. The fiber within the coating, under the
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circumstances, is assumed to be asbestos and the small unit therefore
is called an "asbestos body." These bodies are found in the lungs of
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those who are occupationally exposed to asbestos fibers, regardless 'of
whether or not there is ^any coexisting evidence of asbestosis.
Therefore
the5bodies, as such, are not an indication of disease but rather only of
previous exposure to asbestos fibers.
CRMC-SEG-002764
Recently, by utilizing special techniques, it has been shown that the lungs of persons from the general population rather frequently contain a very scant number of similar small bodies composed of a fiber coated with protein and iron pigment. In these instances, it cannot be .assumed that the fiber of these bodies is "asbestos," since other fibrous materials are known.to develop a similar appearance within the lungs. For the present, the term "ferruginous" or iron-coated body is more appropriate
The finding of ferruginous bodies in such small numbers in no way. indicates that disease caused by asbestos fiber coexists and the presence of such bodies does not, in any way, justify a diagnosis of asbestoscaused disease. If it is ultimately shown that these small bodies are in . fact protein covered asbestos fibers their wide dispersion in the popula tion would not be too surprising in view of the many opportunities, from baby powder to building construction, for a small number of asbestos fibers to exist from ti.\ to time in the air that the general public
4-
breathes. The presence of these few fibers bodies in the lungs of the
majority of the population is not associated with specific lung disease b
simply reflects the chance inhalation of fibrous material. The complete
implications of large numbers of ferruginous bodies within the lungs
await further research.5 '
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KNOW AND SUSPECTED OCCUPATIONAL RISKS
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For workers who handle asbestos fibers in mines, mills, factories, &
and some building and insulation trades, the industry shares with
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doctors, public health officials and others involved in industrial
medicine a concern about possible health effects from excessive on-the-jol
exposure to asbestos dust.
' ASBESTOSIS: The industry long ago recognized the risk of a particular lung disease called asbestosis among some workers and took steps to safe guard employees. This non-malignant disease is brought on after inhalatic of excessive concentrations of asbestos dust over a period of many years.
Asbestosis is one of the lung diseases called pneumoconioses. Others are silicosis, from silica (stone) dust? talcosis from talc, anthracosis, from coal dust. These are considered industrial health risks against which the various industries have instituted protective measures.
For years, the asbestos industry has taken protective measures to reduce excessive exposures to asbestos dust and the risk of asbestosis
among its workers. .
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' BRONCHOGENIC (LUNG) CANCER: The industry is aware of some medical
studies that have reported an association between excessive exposure to
asbestos dust and an increased risk of a certain type of lung cancer
(bronchogenic). Even though the number of these -cases among asbestos
industry workers is only"a small fraction of the total employed, the
industry considers the problem a serious one.
It has become the subject
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of considerable scientific research through statistical, clinical and
A"
pathological studies of exposed workers; through experimental studies with
laboratory animals; and through^studies of the physical and chemical
nature of asbestos and. associated minerals. Recent studies have suggested
that the trace metals often found with asbestos dust (nickel, cobalt and
chrome) should be examined more closely.
In 1967, results of a study of deaths occurring among a group of . insulation workers indicated that occupational exposure to asbestos greatly increased the risk of lung cancer but only among cigarette smokers. Although the number of deaths involved was small, the study showed no cases of lung cancer among insulation workers who were non-smokers.
MESOTHELIOMA: Also under study is a rare disease called mesothelioma,
a tumor of the chest and abdominal cavity which is different from broncho
genic lung cancer. Recently, investigators have associated a frequency of
cases of mesothelioma with exposure to asbestos in certain geographic
locations. This was originally reported from South African areas where
only crocidolite asbestos is produced.
CRMC-SEG-002766
Mesothelioma has been reported so infrequently that there are no
accurate figures on its occurrence in the U.S. as a whole. In Britain, only two cases are currently being reported for every thousand cases of
lung cancer. The search for the cause of such a rare disease i's
difficult, particularly since medical people themselves do not agree on
its diagnosis and recognition. The asbestos industry, through research
grants, is seeking more knowledge about mesothelioma.
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INDUSTRIAL ffifGIENE AND PREVENTIVE MEDICINE . S*
Today, the asbestos industry has invested millions of dollars in
equipment and techniques to prevent the inhalation of asbestos dust by
workers in the mining and milling of asbestos and in the manufacture
of asbestos-containing products.
Johns-Manville continually strives to
eliminate dust exposure in the mines and plants which it operates.
Processing areas and machinery are equipped with dust-collecting devices.
Atmospheric dust levels are regularly monitored. Filters and ventilators
have been installed. Individual respirators are used where indicated.
Employees are given physical examinations, including chest x-rays, on a
scheduled basis.
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A program.of .consultation with asbestos fabricators and applicators is carried on to provide a thorough understanding of potential risks and to encourage general adherence to sound industrial hygiene practices.
Studies in asbestos-using industries in England and the U. S. indicate that.where dust control measures have been taken, the risks
of lung diseases have been reducedi
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-7
ASBESTOS AND HEALTH RESEARCH
Scientific research to identify and reduce the health risk from
asbestos dust exposure is being conducted in many places throughout the
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world. The asbestos industry both sponsors such research and cooperates
in work being done by government agencies and private medical investigator
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Johns-Manville has extended full cooperation to the U. S. Public
Health Service in its study of asbestos processing plants. In addition,
the company provides funds, asbestos materials, equipment and information,
as the individual situation may require, for research of such organization
as: The Industrial Hygiene Foundation of America, The Asbestosis
Research Council (headquartered in Great Britain), The Institute of
Occupational and Environmental Health in Montreal, The Environmental
.
'Health Center at Mt. Sinai Hospital and others.
Johns-Manville also
conducts studies on technical aspects of asbestos in its own Research
and Engineering Center at Manville, New Jersey.
Among the subjects scientists are now exploring are: the
specific identification and health significance of fiber-like (ferruginous)
bodies found in lung tissues; the health of asbestos mining, processing
and fabricating workers compared with the general population; the
relationship between cigarette smoking and cancer among asbestos insulatio
workers; the accurate identification of particles found in the air over a
major industrial city; and the .development and evaluation of the most
effective industrial hygiene practices for use in the asbestos industry.
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' CRMC-SEG-002768
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In cooperation and in conjunction with other agencies, the
asbestos industry will continue to seek new information about the
biological effects of asbestos fiber and to develop ways of assuring
maximum possible, protection from occupational hazards, for its employees
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in asbestos mines, mills and plants and among fabricators and applicators
of this essential material.
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