Document LgwDJ4bx8kyQevBYZza7jxJX5

PLAINTIFF'S EXHIBIT NO. 01-CV-0177 KRC-753 Lm RANDALL LLOYD GREEN, SR., et al VS. U.S. GYPSUM COMPANY, et al IN THE DISTRICT COURT OF GALVESTON COUNTY, TEXAS 56TM JUDICIAL DISTRICT DEFENDANTS SUNOCO, INC. (R&M) AND KOCH PETROLEUM GROUP. L.P.'S RULE 194 DISCLOSURES TO: Plaintiff, James Whitney Straughter, by and through his counsel of record, William K. Tapscott, Jr., Baron & Budd, 3102 Oak Lawn Ave., Suite 1100, Dallas, Texas 75219. COME NOW, Defendants Sunoco, Inc. (R&M) and Koch Petroleum Group, L.P., and file their Rule 194.2 Disclosures as follows: (a) The correct name of each party to this lawsuit; RESPONSE: The correct names of these Defendants are Sunoco, Inc. (R&M) and Koch Petroleum Group, L.P. Defendants do not have knowledge regarding the correct names of the Plaintiffs or other Defendants in this lawsuit. (b) The name, address and telephone number of each potential party; RESPONSE: At this time, Defendants are unaware of any potential parties to this suit. (c) The legal theories and factual bases of your claims and defenses; RESPONSE: Plaintiffs have provided little or no factual information regarding his claim against these Defendants; therefore, it is uncertain at this time exactly what defenses Defendants will assert. At this time, Plaintiff has provided no information that he ever worked at premises owned by these Defendants. Even if he did work at premises owned by these Defendants, Defendants deny that they failed to act with reasonable care. There is no evidence that Plaintiff was ever exposed to asbestos at these Defendants' facilities, nor is there any evidence that exposure to asbestos or asbestos containing materials while working at the Defendants' premises was the proximate cause of the Plaintiffs alleged injuries or damages. Further, Plaintiff s claims are barred by the statute of limitations in that Plaintiff failed to bring this suit within two years after he knew or should have known of the alleged connection between the alleged symptom and the alleged exposure. Additionally, the acts of third parties over which these Defendants does not have control were the G:\5220-33\Discovery\Rule 194 Disclosures.vvpd Page 1 proximate cause of Plaintiffs injuries, if any. Also, Plaintiffs own negligence caused, in whole or in part, the injuries and any recovery by him should be reduced accordingly. Defendants will supplement this disclosure as discovery progresses, if necessary. (e) The name, address and telephone number of each individual having knowledge of facts relevant to this lawsuit and a brief statement as to how each such individual is connected to this case; RESPONSE: See attached Exhibit A, which is made a part hereof for all purposes. (f) The following information regarding testifying experts: 1. name, address and telephone number; 2. the subject matter of the expert's testimony; 3. the general substance of the expert's mental impressions and opinions, a brief summary of the basis for such opinions or if the expert is not retained by you or otherwise subject to your control, all documents reflecting the experts' impressions, opinions and the basis therefor. 4. For each expert employed or otherwise controlled by you, produce: (A) all documents, tangible things, reports, models, or data compilations provided to, reviewed by, or prepared by or for each expert in anticipation of such expert's testimony; and (B) each expert's resume and bibliography. RESPONSE: See attached Exhibit B, which is made a part hereof for all purposes. By cross-reference, this defendant integrates by reference all fact and expert witnesses designated by any other party, but without necessarily adopting or endorsing their veracity, qualifications, knowledge, or the foundation of any opinions they may have in relation to the matters at issue in this litigation. (g) Any discoverable indemnity and insuring agreements; RESPONSE: None. (i) A copy of any witness statements; RESPONSE: None in Defendants' possession. G:\5220-33\Discovery\Rule 194 Disclosures.wpd Page 2 (k) all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: None in Defendants' possession. Respectfully submitted, Phi lip/Werner State*ar No. 21190200 1300 Post Oak Boulevard, Suite 2225 Houston, Texas 77056 Telephone: 713-626-2233 Facsimile: 713-626-9708 ATTORNEYS FOR DEFENDANTS, SUNOCO, INC. (R&M) and KOCH PETROLEUM GROUP, L.P. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoin^has been forwarded by certified mail, return receipt requested, to Plaintiffs' counsel on day of September, 2001. G:\5220-33\Discovery\Rule 194 Disclosures.wpd Page 3 EXHIBIT A The following witnesses are also fact witnesses. Defendant is not aware of all of the areas of testimony or proof that Plaintiff intends to produce at trial and, therefore, Defendant cannot proffer all expected testimony until it has had the benefit of reviewing all of Plaintiff's experts' reports and opinions. To the extent that a witness expresses an opinion at trial or in discovery that has not been divulged prior to the time that this statement was served on counsel, and which creates a need for additional areas of rebuttal testimony or proof, Defendant reserves the right to supplement this statement. CVs of all experts are available for copying and/or inspection at the offices of counsel. Alternatively, you may request that copies be sent to you. All expert witnesses will have access to the discovery and the pleadings in this matter. The complete factual basis of the opinions is better suited for deposition. Pulmonary or Occupational Medicine Specialists: Dr. Scott G. Donaldson North Texas Pulmonary Associates 375 Municipal Drive, #140 Richardson, TX 75080 972-680-0666 Dr. Donaldson is a specialist in the area of respiratory diseases. Dr. Donaldson may testify as to all matters pertaining to his examination ofPlaintiffand/or review of Plaintiff's medical records, x-rays, reports and supplemental reports of Plaintiff's experts; any communications with Plaintiff or Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiff suffers from asbestos-related disease and the basis of such opinions. ~ Gregory H. Foster, M.D., P.C.C.F. North Texas Pulmonary Associates 375 Municipal Drive, #214 Richardson, TX 75080 972-680-0666 G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 1 Dr. Foster is a specialist in the area of respiratory diseases. Dr. Foster may testify as to all matters pertaining to his examination of Plaintiff and/or review of Plaintiff s medical records, x-rays, reports and supplemental reports ofPlaintiffs experts; any communications with Plaintiff or Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiff suffers from asbestos-related disease and the basis of such opinions. Michael A. Graham. M.D. Division of Forensic and Environmental Pathology St. Louis University School of Medicine 1402 Grand Avenue Boulevard St. Louis, MO 63104 314-577-8298 Dr. Graham is a pulmonary pathologist. Based on his review of medical records, including pathology materials, x-rays, reports and supplemental reports of Plaintiffs experts, he may testify about the medical conditions of Plaintiff and the causes of such conditions. Dr. H. Corwin Hinshaw Emeritus Professor of Medicine (Retired) University of California School of Medicine P. O. Box 546 Belvedere, CA 94920 415-435-9512 Testimony will be by deposition given in "In Re: Related Asbestos Cases", No. C-83-6251RFP in the United States District Court for the Northern District of California; "In Re: Related Shipyard and Applicator Cases: Alameda County Asbestos Litigation", in the Superior Court of the State of California in and for the County of Alameda; Misc. No. 959, "In Re: Shipyard and Applicator Cases" (Clapper & Brayton) Consolidated for Discovery, in the Superior Court of the State of California in and for the County of Solano; and "In Re: San Francisco Asbestos Complex Litigation", in the Superior Court ofthe State of California in and for the City and County of San Francisco. "Jimmy L. Vaughan v. Johns-Manville, et al". No. CA3-81-0070-F. Dr. Hinshaw will testify regarding historical review and state of the art of pulmonary medicine and asbestos-related conditions, general and asbestos-related pulmonary medicine and epidemiology relevant thereto. Dr. Elliott Henkes 301 North Prairie, #311 Englewood, CA 90301 310-674-0050 Dr. Henkes will testify in the field of pulmonary medicine and oncology and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. James Bachman Los Angeles, CA Mr. Bachman may testify regarding industrial hygiene and state-of-the-art issues. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 2 The above-designated witnesses may also give testimony about the historical "state-of-theart," the development of medical knowledge about asbestos, and presence or absence of medical consequences related to low dose exposure to asbestos emanating from asbestoscontaining products. They may offer general testimony relating to the development of asbestos-related diseases, cigarette smoking, cancer of various organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis of cigarette-related diseases, and the pathogenesis ofasbestos-related diseases. These witnesses may also testify generally about specific abnormalities that might be in the Plaintiffs medical. These witnesses may also testify about the presence or absence ofhealth disease or health risks associated with exposure to low levels of asbestos emanating from asbestoscontaining products. They may also testify specifically about diseases, such as chronic obstructive pulmonaiy disease, even though in some cases they may not have seen Plaintiff or reviewed medical records of the Plaintiff. I. Allen Feingold, M.D. South Miami Hospital 7400 Southwest 62nd Avenue Miami, FL Dr. Feingold is the Chief of the Division of Pulmonary Medicine at South Miami Hospital. He will testify as a state-of-the-art witness generally and with respect to asbestos-containing products. He may also testify concerning the physiological and radiological aspects of asbestos-related lung disease, including etiology, diagnosis, treatment, prognosis and epidemiology; the causes of lung cancer; the history of the medical science concerning our knowledge and understanding of asbestos and asbestos-related disease; fiber types, dose/response and threshold levels needed to produce disease; the relationship of asbestos exposure to other environmental factors and their comparative risks. Dr. Feingold will also testify that work with some asbestos-containing products does not result in dangerous asbestos fiber exposure and that any asbestos exposure from these products played no role in the genesis of Plaintiff s lung disease, if any. In addition, Dr. Feingold is expected to testify about the various fiber release studies, performed at industrial hygiene laboratories, on the use of asbestos-containing products. Dr. Feingold may testify, in general, concerning asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos-related diseases and the criteria for diagnosis of an asbestos-related disease. He may also testify regarding the existence or non-existence of any asbestos-related disease in the Plaintiff, including but not limited to, pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos-related disease allegedly suffered by Plaintiff was medically or proximately caused by exposure to asbestos-containing gasket and packing products. He may also testify on the existence of a dose/response relationship between exposure to asbestos and asbestos-related disease. He may also testify on increased risk of cancer issues and whether a particular Plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 3 H. Corwin Hinshaw, M.D. Professor Emeritus, U.S. Medical Center 450 Sutter Street San Francisco, CA Dr. Hinshaw may testify live or by deposition concerning asbestos-related disease, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases ofthe pulmonary system. Dr. Hinshaw may also be expected to testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers an diseases, and the risks associated with developing cancers. Dr. Hinshaw may also testify about any matter raised by experts called by the Plaintiff or Co-defendant, including but not limited to, asbestos-related disease, the state of medical knowledge concerning asbestos, and occupational diseases. Dr. Hinshaw may further testify concerning the state of the available medical knowledge regarding asbestosrelated disease at the relevant historical periods of time. Dr. Hinshaw may also testify concerning current medical knowledge regarding Plaintiffs medical condition. Stephen M. Ayers, M.D. Medical College of Virginia Box 565, MCV Station Richmond, VA 23298 Dr. Ayers may be expected to testify live or by deposition concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods oftime. Dr. Ayers may also testify concerning current medical knowledge regarding Plaintiffs condition and asbestos-related disease. Dr. Ayers may testify on state-of-the-art and the Saranac papers, to the effect that Defendants could not have known end users were at risk until approximately the late 1960's. He may also testify as to any matter raised by experts called by Plaintiff or any co-defendant. John G. Weg, M.D. Pulmonary & Critical Care Medicine Division University Hospital University of Michigan 1150 W. Medical Center No. 6021 Ann Arbor, MI 734-764-4554 Dr. Weg will testify concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods of time and the process by which medical knowledge evolved concerning exposure to asbestos-containing products. Dr. Weg will also testify as to issues of medical causation in certain cases. James Cimino, M.D., M.P.H. Professor and Chairman Department of Community Preventive Medicine New York College 50 Willard Avenue G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 4 North Tarryton, NY 10591 Dr. Cimino is presently professor and chairman of the Department of Community and Preventive Medicine, New York Medical College, Valhalla, New York. Dr. Cimino may be expected to testify live or by deposition concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods of time. Dr. Cimino may also testify concerning current medical knowledge regarding Plaintiffs condition and asbestos-related disease. Dr. Robert Jones Tulane University Medical Center 1430 Tulane Avenue, No. 569 New Orleans, LA 70112 (504) 586-3840 Dr. Jones is a specialist in pulmonary medicine. Dr. Jones is a pulmonologist who is currently a staff physician at Tulane Medical Center Hospital and a Professor of Medicine at Tulane University School of Medicine in New Orleans, Louisiana. Dr. Jones is expected to testify either live or by deposition concerning Plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Jones may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Jones is also expected to testify about any matter raised by experts called by the Plaintiff or Co-Defendants including, but not limited to, Plaintiffs medical condition, the state ofmedical knowledge concerning asbestos, asbestosrelated disease and other occupational diseases. Dr. M. Joseph Fedoruk 333 S. Amita Drive, Ste. 640 Orange, CA 928680 714-550-7211 Dr. Fedoruk is board certified in internal medicine and occupational medicine and is a certified industrial hygienist. Dr. Fedoruk practices in Los Angeles, California. Dr. Fedoruk is expected to testify about the pulmonary aspects of asbestos exposure, including matters such as dose/response, pathogenicity, carcinogenicity, and the potential for asbestos-related disease as a result of exposures to the different types of fibers. Dr. Fedoruk is expected to testify as to general medical issues and physiology. Dr. Fedoruk is expected to testify about alleged occupational exposures and whether such exposure could be considered a substantial contributing factor to Plaintiffs alleged diseases. Dr. Fedoruk is expected to testify about the principles of industrial hygiene and the factors that are important to industrial hygiene studies. He is expected to testify to the manner in which medical experts can use industrial hygiene data and how the data should be interpreted in specific cases. Dr. Fedoruk is expected to testify as to the manner in which industrial G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 5 hygiene data should be properly considered in evaluating exposures. Kevin Browne, M.D. Leicester House North Creake Norfolk, England NR21 9JP Dr. Browne is expected to testify regarding all facets of asbestos-related disease, including, without limitation, respiratory system functioning, physiology, state-of-the-art medical knowledge regarding asbestos-related disease, pathology, epidemiology and risk assessment. Dr. Browne is an occupational medicine specialist with training in epidemiology. He is expected to testify concerning the physical aspects of asbestos and its relationship to human health; asbestos-related disease, diagnosis, treatment, prognosis and epidemiology; the etiology of cancer associated with asbestos exposure; the history of medical science concerning our knowledge and understanding of asbestos and asbestos-related disease; fiber types, dose/response and threshold levels needed to produce disease; and the relationship of asbestos exposure to other environmental and occupational factors and their comparative risks. He is also expected to testify that the use of some asbestos-containing products does not create an asbestos health hazard and that any asbestos exposure from these products played no role in the genesis of Plaintiff s lung disease, if any. Dr. Brown may testify about the defense mechanisms of the human lung, including but not limited to, how the lungs protect themselves from foreign substances such as asbestos fibers. Dr. Browne may also testify regarding the mechanisms of asbestos-related disease. In addition, he may testify about threshold levels of asbestos exposure below which there is no known risk of asbestos-related disease. Dr. Browne may opine about the information and conclusions to be drawn from human epidemiological, experimental animal and cellular studies concerning the ability ofand circumstances under which asbestos fiber cause disease. Dr. Browne may also testify concerning the respirability and toxicity of different types of asbestos and their relationship, if any, to asbestosis, lung cancer, and mesothelioma. Dr. Joseph J. Renn Internal Medicine Associates, Inc. 99 J.D. Anderson Drive Morgantown, WV 26003 304-598-2801 Dr. Renn is a pulmonologist. In addition to case specific testimony where applicable, he will testify generally about medical matters related to the chest, asbestos-related diseases, diseases which are related to cigarette smoking, and other pulmonary problems which are often seen either independently or in association with any of the foregoing. Dr. Renn may also testify about the medical literature and its related matters. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 6 Dr. Michael Henderson 330 Rittiman Road San Antonio, TX 78209-2861 Dr. Henderson is a board certified oncologist. He will testify to general concepts regarding carcinogenesis, specifically in relation to asbestos and its alleged association with different forms of cancer. Dr. William G. Hughson UCSD Center for Occupational & Environmental Medicine 3500 Fifth Avenue, #102 San Diego, CA 92103-5020 Dr. Hughson is board certified in pulmonology, internal medicine and occupational medicine. Dr. Hughson also is an epidemiologist. Dr. Hughson practices medicine at the University of California, San Diego. Dr. Hughson is expected to testify about certain encapsulated products (where the asbestos fibers are thoroughly blended and mixed with the encapsulating binder which prevents a significant release of fibers) in that he has reviewed information and studies regarding exposure levels experienced with certain work practices used with encapsulated products, and is familiar with the literature concerning low level exposures. Dr. Hughson is expected to testify, based upon his review of the literature and of evidence ofexposure, that exposure to certain encapsulated products was not a substantial contributing factor to Plaintiffs alleged asbestos-related disease. Dr. Hughson is expected to testify that the literature does not support a causal relationship between exposure to certain encapsulated products and the development of an asbestos-related disease. Dr. Hughson is expected to testify as to the ability of various types of fibers to cause disease and the properties of fibers that are believed to be necessary in order to cause disease. Dr. Hughson is expected to testify generally about the pulmonary aspects of asbestos exposure, including matters such as dose response. Dr. Hughson is expected to testify about alleged occupational exposure and whether such exposure could be considered a substantial contributing factor to Plaintiffs alleged diseases. Dr. Hughson is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Hughson is expected to testify as to the information necessary to determine the risks for a group of people or persons contracting an asbestos-related disease, and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Hughson is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 7 Dr. Gerald R. Kerby Kansas University Medical Center Pulmonary Division Kansas City, KS 66103 913-588-6045 Dr. Kerby is a pulmonogist at Kansas University Medical Center. He will testify regarding general pulmonary physiology and medicine, including lung cancer and mesothelioma. It is his opinion that, although asbestos may be found in the lung tissue, mesothelioma may not be caused by that asbestos. Dr. Bernard Gee Yale University School of Medicine 333 Cedar Street P. O. Box 3333 New Haven, CT 06510 Dr. Bernard Gee is a board certified pulmonologist who is expected to testify generally about the wide range of pulmonary diseases and specifically about occupational lung disease. Dr. Gee will testify regarding his vast research in pulmonology which has promulgated some 200 papers, abstracts and chapters in textbooks on pulmonary medicine. Kathryn Hale, M.D. 6550 Fannin, #1215 Houston, TX 77030 713-790-6492 Robert Ross, M.D. 17030 Manes, #214 Houston, TX 77090 713-383-6100 Drs. Hale and Ross are expected to testify regarding (a) anatomy and function of the respiratory and circulatory systems; (b) nature of asbestos; (c) the nature and extent of medical and scientific knowledge regarding any association of cancer with differing levels of exposure to asbestos fibers; (d) the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system;(e) cigarette smoking and its effects on the lung; and (f) the physical effects of asbestos on Plaintiffs and their condition as shown on their physical examination and/or testing of these individuals. Further, they may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs' experts' claims and related topics. Dorsett D. Smith 4310 Colby Avenue Everett, WA 98203 425-259-5171 Dr. Smith will testify in the field of occupational and pulmonary medicine and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 8 Robert J. Awe, M.D. Baylor College of Medicine Ben Taub General Hospital 1504 Taub Loop Houston, TX 77030 713-793-2467 Dr. Awe will testify in the field of internal and pulmonary medicine and the state-of-the-art knowledge as it existed from time to time relating to the health effects of asbestos exposure. Dr. Robert Jones Tulane University Medical Center 1430 Tulane Avenue New Orleans, LA 70112 (504) 568-6241 Dr. Jones is a specialist in pulmonary medicine. Dr. Jones is a pulmonologist who is currently a staff physician at Tulane Medical Center Hospital and a Professor of Medicine at Tulane University School of Medicine in New Orleans, Louisiana. Dr. Jones is expected to testify either live or by deposition concerning Plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Jones may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Jones is also expected to testify about any matter raised by experts called by the Plaintiff or Co-Defendants including, but not limited to. Plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestosrelated disease and other occupational diseases. Brooks Emory, M.D. Jefferson Hospital 1514 Jefferson Highway New Orleans, LA 70121 (504) 842-4055 Dr. Emory is expected to testify either live or by deposition concerning Plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Emory may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Emory is also expected to testify about any matter raised by experts called by the Plaintiff and Co-defendants, including but not limited to, Plaintiffs' medical condition, the state of medical knowledge concerning asbestos-related diseases and other occupational diseases. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 9 Ben Branscomb, M.D. Professor of Medicine University of Alabama School ofMedicine 1716 6* Avenue Birmingham, A135233 (205) 801-8000 Dr. Branscomb is expected to testify either live or by deposition concerning Plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Branscomb may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Branscomb is also expected to testify about any matter raised by experts called by the Plaintiff and Co-defendants, including but not limited to, Plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. James E. Lockey, M.D., M.S. Institute of Environmental Health University of Cincinnati Medical Center Clinical Studies Division 5251 Medical Science Building, M.L. 182 231 Bethesda Avenue Cincinnati, OH 45267-0182 and 556 Meadowcrest Road Cincinnati, OH 45231 513-558-0040 Dr. Lockey is a pulmonologist who is expected to testify either live or by deposition concerning Plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases, and the risks associated with developing cancers. Dr. Lockey is also expected to testify about any matter raised by experts called by the Plaintiff and Co-defendants, including but not limited to, Plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases and the state-of-the-art knowledge as it existed from time to time relating to the health effects of asbestos exposure. Dr. Lockey may also be expected to testify concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods of time. Venessa Holland, M.D., MPH, P.A. Environmental Pulmonary Consultants 7515 South Main, #670 Houston, TX 77030 713-799-2224 Dr. Holland is a specialist in the area of respiratory diseases. Dr. Holland may testify as to all matters pertaining to her examination of Plaintiff and/or review of Plaintiffs' medical G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 10 records, x-rays, reports and supplemental reports of Plaintiffs' experts; any communications with Plaintiff or Plaintiffs' family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to the existence of asbestos-related disease and the basis of such opinions. Gail D. Stockman, M.D., Ph.D. Longview Pulmonary Consultants 703 East Marshall, #4002 Longview, TX 75601 903-753-0787 Dr. Stockman is a specialist in the area of respiratory diseases. Dr. Stockman may testify as to all matters pertaining to her examination of Plaintiff and/or review of Plaintiffs' medical records, x-rays, reports and supplemental reports of Plaintiffs' experts; any communications with Plaintiff or Plaintiffs' family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether Plaintiff suffers from asbestos-related disease and the basis of such opinions. Dr. Hans Weill Board Certified Pulmonary Specialist Tulane Medical School 1700 Perdido Street New Orleans, LA 504-588-5838 Dr. Weill may testify live or by deposition regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory system, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos fibers and the effect of exposure to substances other than asbestos in the development and manifestation of diseases of the respiratory system. Dr. R. Keith Wilson Respiratory Consultants of Houston 6535 Fannin, Mail Station F-907 Fondren Building, #966 Houston, TX 77030 713-790-6250 and/or 2753 South Utica Tulsa, OK 74114 918-579-5270 Dr. Wilson is a specialist in the area of respiratory diseases. Dr. Wilson may testify as to all matters pertaining to his examination of Plaintiffs and/or review of Plaintiffs' medical records, x-rays, reports and supplemental reports of Plaintiffs' experts; any communications with Plaintiff or Plaintiffs' family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiff suffers from an asbestos-related disease and the basis of such opinions. G:\5015-00\Discovery\masterexpertwit.ExA.vvpd Page 11 William Burgin, M.D. 2601 Hospital Blvd., Suite 117 Corpus Christi, Texas 78405 (361) 884-8209 Dr. Burgin is a medical doctor with a specialty in pulmonary medicine. The subject matter on which this expert is expected to testify concerns the condition of the Plaintiffs who have made claims against Defendants, and may be based upon his examination, x-rays, and tests performed. He will testify about the extent, if any, of Plaintiffs' asbestos-related disease and disabilities related thereto, together with cancer risks associated with likely exposures, and the effects of cigarette smoking on Plaintiffs' lungs. John R. Holcomb, M.D. 4410 Medical Drive, Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb is a medical doctor with a specialty in pulmonary medicine. The subject matter on which this expert is expected to testify concerns the condition of the Plaintiffs, and may be based upon examination, x-rays, and tests performed. He will testify about the extent, if any, of Plaintiffs' asbestos-related disease and disabilities related thereto, together with cancer risks associated with likely exposures, and the effects of cigarette smoking on Plaintiffs' lungs. Dr. Victor Roggli Duke University Erwin Rd., Room M-263 Durham, NC 27710 919-286-0411 Dr. Roggli is expected to testify regarding (a) anatomy and function of the respiratory and circulatory systems; (b) nature of asbestos; (c) the nature and extent of medical and scientific knowledge regarding any association of cancer with differing levels of exposure to asbestos fibers; (d) the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system;(e) cigarette smoking and its effects on the lung; and (f) the physical effects of asbestos on Plaintiffs and their condition as shown on their physical examination and testing of these individuals. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs' experts' claims and related topics. Dr. W.K.C. Morgan Chest Diseases Unit University Hospital 339 Windermere Road P.O. Box 5339, Postal Station A London, Ontario Canada N6A 5A5 (519)679-2111 Dr. Morgan is a pulmonologist. He will testify about the evolution of asbestos disease, the G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 12 diseases involving cigarette smoking, and other diseases which are often seen in association with either of the foregoing. Dr. Morgan is a professor of medicine and director of chest diseases services at the University of Western Ontario. He was educated in England and Scotland, among other appointments, is a member of the Advisory Board for Occupational Health and Safety Resource Centre at the University of Western Ontario. Dr. Morgan may testify live or by deposition concerning the state ofthe available knowledge regarding asbestos-related disease at the relevant historical periods oftime. Dr. Morgan may also testify concerning current medical knowledge regarding Plaintiffs condition and claimed asbestos-related disease. Dr. John E. Craighead Chairman Department of Pathology A249 Given Medical Building University of Vermont College of Medicine Burlington, VT 05401 802-425-3480 Dr. Craighead may testify regarding general and asbestos-related pulmonary pathology and epidemiology relevant thereto; cancer issues, including risk of cancer, carcinogenicity of worksites and environmental chemicals and substances and epidemiology; his examination of Plaintiffs medical records and pathology materials; the medical condition of Plaintiff and the relationship, if any, of such condition to Plaintiffs exposure, if any, to asbestos. Dr. Craighead will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "Non-Routine"; the "state-of-the-art" of asbestos-related diseases; and will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas and related matters. Dr. Craighead will testify regarding the diagnosis and cause of Plaintiffs condition. He will discuss the differing physical, chemical and biological properties ofvarious types of asbestos fibers, and will explain to the jury that chrysotile fibers are incapable of causing, or unlikely to have caused, Plaintiffs alleged condition. Dr. Craighead is expected to provide testimony in the following areas: 1. anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; 2. the nature of asbestos and asbestosis; 3. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 13 4. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. the effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases of the respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. methods ofdiagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other nonasbestos-related diseases; 7. incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. the import of any exhibit (including without limitation, corporate documents of Defendants) introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 9. cigarette smoking and its effect on the lung and other organs; 10. the relative danger of these Defendants' asbestos-containing products; 11. the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; 12. difference between impairment and disability; 13. effect of asbestosis, or asbestos exposure without asbestos, on disability and life expectancy; 14. effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy. Pathologists: Dr. Oscar Auerbach, Deceased, by deposition Dr. Auerbach will not testify in person. Dr. Auerbach testifies generally about pathology, asbestos-related diseases, diseases related to cigarette smoking, and other matters of pulmonary pathology. Dr. Auerbach testifies regarding the "state-of-the-art" of cigarette smoking and its relationship to disease as well as other areas of pulmonary pathology. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 14 Bruce Case Department of Pathology Faculty of Medicine McGill University 3775 University Street, Room 203 Montreal, Canada H3A2B4 (514) 398-7192 ext. 7466 Dr. Case is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the-role of various components ofthe respiratory system in the proper functioning ofthe lung. Dr. Case is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Case will define and distinguish various conditions, such as asbestosis, pleural changes and other nonmalignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Case is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types ofasbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experience, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Case is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Case is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, of asbestos-containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestoscontaining products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Case's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiff s experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. G:\5015-00\Discovery\rnasterexpertwit.ExA.wpd Page 15 Sidney Shindell, M.D., LLB Medical College of Wisconsin 8701 Watertown Plank Road Milaukee, WI 53226 414-556-4500 Dr. Shindell is a physician. He will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "No-Routine"; the "stateof-the-art" of asbestos-related diseases; and will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas and related matters. Dr. Shindell will testify about his personal experience in the development of the history of asbestos-related medicine and the medical literature and his impressions of 1964 being a "watershed" as it relates to asbestos disease. Dr. Shindell will testify regarding the differing physical, chemical and biological properties of various types of asbestos fibers, and will explain to the jury that chrysotile fibers are incapable of causing, or unlikely to have caused. Plaintiff's alleged condition. Dr. Shindell may provide testimony in the following areas: 1. anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems. 2. the nature of asbestos and asbestosis; 3. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. the effect of exposure to substances other than asbestos, such as tobacco, on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non asbestos-related diseases; 7. incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. the import of any exhibit (including without limitation, corporate documents of Defendants) introduced as evidence, or any items prepared for use or used G:\5015-00\Discovery\masterexpertwit. ExA. wpd Page 16 for demonstrative purposes by any witness; 9. cigarette smoking and its effect on the lungs and other organs; 10. the relative danger of these Defendants' asbestos-containing products; 11. the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; 12. difference between impairment and disability; 13. effect of asbestos, or asbestos exposure without asbestos, on disability and life expectancy; 14. effect ofpleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; 15. the relative carcinogenicity of chrysotile asbestos relative to the other forms of asbestos. Dr. Shindell is expected to testify as to the ability of various types of fibers to cause disease and the properties of fibers that are believed to be necessary in order to cause disease. He is expected to testify that chrysotile asbestos fibers are not expected to produce an increased risk to mesothelioma. Dr. Shindell is expected to testify about certain encapsulated products (where the asbestos fibers are thoroughly blended and mixed with the encapsulating binder which prevents a significant release of fibers) in that he has reviewed information and studies regarding exposure levels experienced with certain work practices used with encapsulated products, and is familiar with the literature concerning low level exposures. Dr. Shindell is expected to testify, based upon his review of the literature and of evidence of exposure, that exposure to certain encapsulated products was not a substantial contributing factor to Plaintiff's alleged asbestos-related disease. Dr. Shindell is expected to testify that the literature does not support a causal relationship between exposure to certain encapsulated products and the development of an asbestos-related disease. Dr. Shindell is expected to testify generally about the pulmonary aspects of asbestos exposure, including matters such as dose/response. Dr. Shindell is expected to testify about alleged occupational exposure and whether such exposure could be considered a substantial contributing factor to Plaintiffs alleged diseases. Dr. Shindell is expected to testify that as exposures to asbestos have diminished since the inception of the OSHA standards, the extent and number of cases of asbestosis have been and are expected to continue to diminish. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 17 Dr. Shindell is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Shindell is expected to testify as to the information necessary to determine the risks for a group ofpeople or persons contracting an asbestos-related disease, and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Shindell is expected to discuss epidemiological analysis of asbestos and how such analysis may be applicable to the facts of a specific individual. Dr. Shindell is expected to testify that cigarette smoking is the chief cause of lung cancer, that almost all of the lung cancers in America occur in present or ex-smokers, and that one cannot develop lung cancer related to asbestos exposure unless there is underlying asbestosis. Dr. Shindell is expected to testify that the earlier exposures to asbestos are, if sufficient, the principal cause of the disease and not later exposures. Dr. Shindell is expected to testify that in at least 33% of mesotheliomas, asbestos exposure cannot be found. Dr. Russell Harley Musc-Pathology 17 Ashley Avenue Charleston, SC 29425 843-792-4444 Dr. Harley is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role ofvarious components of the respiratory system in the proper functioning of the lung. Dr. Harley is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Harley will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Harley is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Harley is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and additionally concerning how the effects of G :\5015-00\Discovery\masterexpertwi t. ExA. wpd Page 18 inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Harley is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos-containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Harley's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by Plaintiffs experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. In expressing his opinions, Dr. Harley will rely on his own training, education, experience, research and publications, as well as the published medical and scientific literature that has been available to him over his career. Dr. Harley may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on the lung. He may also testify as to the relationship of asbestos exposure and the incidence of cancer. Dorsett Smith Chest Diseases, Inc. 4310 Colby Avenue, #201 Everett, WA 98203 425-259-5171 Dr. Smith will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various fiber types, and the relationship, if any, between asbestos and various diseases. Dr. Smith will testify about the epidemiology of asbestos-related diseases, latency, state-of-the-art, and other related matters. Dr. Smith will testify about case specific testimony, where applicable. He will testify about the evolution of asbestos disease, cigarette-related diseases, and other respiratory or systemic conditions, specifically carcinomas, seen either independently or in connection with either of the foregoing. Dr. Smith will testify about the various fiber types of asbestos and, if necessary, about apportionment between product usage. Andrew Churg, M.D. 1229 West 7th Avenue Vancouver, British Columbia Canada V6H 1B7 604-732-0186 Dr. Churg will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various fiber types, and the relationship, if any, between asbestos and various diseases. Dr. Churg is a specialist in the pathology of G:\50l5-00\Discovery\masterexpertwit.ExA.wpd Page 19 occupational lung disease. He is also expected to testify that some asbestos-containing products do not create a health hazard and that any asbestos exposure from these products played no role in the genesis of plaintiffs' lung diseases, if any. Dr. Churg may testify, either live or by deposition, regarding general pathology and the pathology of Plaintiffs. He may also testify as to any matter raised by experts called by Plaintiffs or any Co-defendants. In addition, Dr. Churg may testify regarding general medical issues, including but not limited to the following: 1. the anatomy and function of the respiratory and circulatory systems, including the protective systems of the body with regards to the inhalation and retention of dust, and the diagnosis and treatment of disease affecting such systems; 2. the nature of asbestos and asbestos-related disease; 3. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. the effective of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. methods of diagnosis of various diseases with other non-asbestos-related diseases; 7. incidence of lung cancer among individuals with asbestosis or asbestos exposure as compared to non-asbestotic asbestos workers, non-asbestos exposed workers and to the general population; 8. cigarette smoking and its effects on the lungs and other organs; 9. the relationship of cigarette smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic effect; 10. the difference between impairment and disability; G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 20 11. the effect of asbestosis or other asbestos-related disease, or asbestos exposure without asbestosis or other asbestos-related disease, on disability and life expectancy; 12. the lack of relationship between the presence of pleural plaques and a later development of any form of cancer; 13. the history of evolution and knowledge of asbestos-related diseases; 14. the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 15. cancer incidence in the general population and among asbestos workers and its potential causes; 16. the incidence of mesothelioma among various kinds of workers exposed to asbestos; and the relative importance of various fiber types and the cause of mesothelioma; 17. to the extent not covered above, asbestos medicine in general. Dr. Churg will express his opinion that the only established association concerning lung cancers and asbestos exposure is the association of asbestosis and lung cancers; that the association of occupational asbestos exposure and lung cancers is really the association of the specific disease, asbestosis and lung cancers; that only the confirmed presence of asbestosis establishes asbestos as a contributing cause of lung cancers in a person with a significant smoking history; that absent asbestosis, asbestos does not cause an increased risk of lung cancers. Dr. Churg may testify that occupational exposure to asbestos without a confirmed diagnosis of asbestosis, provides no information about the cause of lung cancers and is not information supporting a conclusion that asbestos was a contributing factor in lung cancer. Dr. Churg may testify that pleural plaques, fiber burden counts and asbestos bodies also provide no information about the cause of lung cancers. Dr. Churg may testify as to what is asbestosis, whether there is an asbestos exposure threshold for asbestosis, and what constitutes that threshold for asbestosis. Dr. Edward A. Gaensler 63 Eucalyptus Knoll Road Mill Valley, CA 94941 Dr. Gaensler will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various fiber types, and the relationship, if any, between asbestos and various diseases. Dr. Gaensler will testify about the epidemiology of asbestos-related diseases, his statistical research, latency, state-of-the-art, and other related matters. Dr. Gaensler will testify about case specific testimony, where applicable. He will testify about the evolution of asbestos diseases, cigarette related diseases, and other respiratory or systemic conditions, specifically carcinomas, seen either independently or in connection with either of the foregoing. G:\5015-00\Discovery\masterexpertwit. ExA.wpd Page 21 Hairy B. Demopoulos, M.D. N.Y.U. Medical Center Department of Pathology 550 First Avenue New York, NY 10016 Dr. Demopoulos is a professor of pathology at New York University and Medical Center. Dr. Demopoulos may be expected to testify live or by deposition concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods of time. Dr. Demopoulos may also testify concerning current medical knowledge regarding Plaintiffs' condition and asbestos-related disease. Dr. Phillip T. Cagle Baylor College of Medicine, Department ofPathology One Baylor Plaza Houston, TX 77030 713-798-4661 Dr. Cagle is a board-certified pathologist. If called to testify, either live or by deposition, Dr. Cagle may testify as to all matters pertaining to his review of Plaintiffs' medical records, pathology materials, x-rays and reports and supplemental reports of Plaintiffs' experts; any communications with Plaintiff or Plaintiffs' family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiffsuffers from asbestosrelated disease and the basis of such opinions. Mark Wick University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg., Room 3882 Charlottesville, VA 22908 (804) 924-9038 Dr. Wick is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Wick is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Wick will define and distinguish various conditions, such as asbestosis, pleural changes and other nonmalignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Wick is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence ofsome forms of mesothelioma in some persons, and will testify concerning the results of his own experience, the medical and scientific literature, and existing epidemiologic studies G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 22 concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Wick is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Wick is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, of asbestos-containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestoscontaining products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Wick's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. Stacey Mills University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg., Room 3882 Charlottesville, VA 22908 (804) 924-9192 Dr. Mills is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components ofthe respiratory system in the proper functioning ofthe lung. Dr. Mills is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. _ It is further believed that Dr. Mills will define and distinguish various conditions, such as asbestosis, pleural changes and other nonmalignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Mills is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experience, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 23 asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Mills is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Mills is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, of asbestos-containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestoscontaining products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Mills' testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. Dr. Forde Mclver, Deceased, by Deposition Dr. Mclver, Deceased, was a pathologist in Charleston, south Carolina, who will testify by videotape. Dr. Darryl Carter Yale University Department of Pathology 310 Cedar Street New Haven, CT 06510 203-785-2786 Dr. Carter is expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence ofsome forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Carter is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Carter is expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have G:\50l5-00\Discovery\masterexpertwit.ExA.wpd Page 24 contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos-containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Carter's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by Plaintiffs experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. In expressing his opinions, Dr. Carter will rely on his own training, education, experience, research and publications, as well as the published medical and scientific literature that has been available to him over his career. Dr. Carter may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on the lung. He may also testify as to the relationship of asbestos exposure and the incidences of cancer. Dr. Carter is expected to provide testimony in the following areas: 1. anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; 2. the nature of asbestos and asbestosis; 3. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive disease or defects of the respiratory system; 6. methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non asbestos-related diseases; 7. incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; G:\5015-00\Discovery\masterexpertwi t. ExA.wpd Page 25 8. the importance of any exhibit (including without limitation, corporate documents of Defendants) introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 9. cigarette smoking and its effect on the lung and other organs; 10. the relative danger of this Defendant's asbestos-containing products; 11. the relationship of cigarette smoking to cancer of the lung and cancers of other sites with references to epidemiological studies and physiologic effect; 12. difference between impairment and disability; 13. effect ofasbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; effect of pleural plaques or other pleural manifestations of asbestos exposure on lung functions or life expectancy; 14. the lack of a relationship between presence of pleural plaques and a later development of any form of cancer; 15. cancer incidence in the general population and among asbestos workers and its potential causes; 16. the history of evolution and knowledge of asbestos-related diseases; 17. the fiber types and exposure levels considered to be substantial in causing asbestos-related disease, specifically mesothelioma. Additionally, Dr. Carter may testify concerning the diagnosis ofthe Plaintiff. Dr. Carter may also testify as to his findings and diagnosis after examination and analysis of tissue, slides or other pathologic materials, medical records, reports, radiographs and Plaintiffs work history. He may give testimony concerning his review of any report purported to be diagnostic of any oncological conditions and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis and information relating to the known causes of those malignancies. He may testify concerning the texts and other literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contentions of increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations relating to medical monitoring. His testimony may include discussion of any relevant epidemiology, anatomy and physiology. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 26 Dr. Richard Fraser Montreal Chest Hospital Center Department of Pathology 3650 St. Urbain Montreal, Quebec Canada H2X 2P4 Dr. Fraser is a pulmonary pathologist. He has written extensively on the pathology of chest diseases. He is expected to testify generally about pathologic concepts of disease, the etiology and course of disease processes both related to asbestos and non-asbestos causes. He will also testify case specifically on his analysis of tissue samples and medical records. Dr. S. Donald Greenberg Professor of Pathology Baylor College of Medicine Houston, TX 77030 713-798-4775 Dr. Greenberg is a professor of pathology at the Baylor College of Medicine in Houston, Texas. Included in his field of scientific interests are occupational lung diseases, and he has made over 250 presentations concerning pathology, and has authored or co-authored over 200 publications including those regarding asbestos-associated lung disease. His opinion holds that there may be alternative causation of malignant mesothelioma other than asbestos, and he is expected to testify accordingly. Dr. Greenberg is a board certified pathologist who may give testimony regarding he pathological diagnosis ofthe medical condition of any Plaintiffand, in the case of a deceased Plaintiff, may give testimony on the medical condition which caused Plaintiffs death. He will further testify as to whether any given Plaintiff or Plaintiffs decedent had a condition or illness caused by asbestos exposure. He may also testify on the latency period related to various asbestos-related diseases and the carcinogenic properties of different types of asbestos fibers. Dr. Jerome Kleinerman Department of Pathology Cleveland Metropolitan General Hospital 3395 Scranton Road Cleveland, OH 44109 Dr. Kleineiman will testify about pulmonary pathology including, but not limited to, asbestos disease, tumors related to cigarette smoking and other related matters. Dr. Marvin Kuschner Dean, Medical School Health Sciences Center SUNY, Stone Brook Stony Brook, NY 11794 631-444-2241 G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 27 Dr. Kuschner is a pathologist. He will testify about the evolution of the pathology regarding asbestos, the evolution of the pathology regarding lung cancers, potential explanations for the development of cancer, and other questions. Dr. Kuschner may also testify about "stateof-the-art" matters as they relate to asbestos-associated diseases. Dr. Brooke T. Mossman Pathology Department Medical Alumni Building University of Vermont, Room A151 Burlington, VT 05405 Dr. Mossman is a Ph.D. who engages in research in Burlington, Vermont, where she is associated with the University of Vermont. She has performed substantial research into questions relating to the interaction between human lung tissue and asbestos. Specifically, she has performed in vitro studies on human lung tissue and asbestos both within and without the presence of cigarette carcinogens. She will testify about that research and her conclusions and operations related thereto. Dr. Nathaniel F. Rodman West Virginia University School of Medicine Office of the Chairman Department of Pathology, Room 2187 Morgantown, WV 26506 Dr. Rodman is a pathologist. He will testify about the evolution of asbestos disease, diseases related to cigarette smoking, and diseases which were seen often, but not necessarily, in relation to the foregoing. Dr. Peter W.J. Bartrip Centre for Socio-Legal Studies Wolfson College Linton Road Oxford 0X2 6UD United Kingdom Dr. Bartrip has a Ph.D. in history. He is expected to testify generally about the development of the 1931 Asbestos Industry Regulations in the United Kingdom. He is expected to testify about the consultations among officials from the Factory Inspectorate, representatives of manufacturers and representatives of organized labor prior to the promulgation of the Regulations. Morton Com, Ph.D. Director, Division of Environmental Health Engineering The Johns Hopkins University Baltimore, MD 21205 Dr. Com is expected to testify regarding the history and development of regulations and government documents concerning asbestos. He may testify about the dissemination and availability of information related to asbestos. G:\5015-00\Discovery\masterexpertwit. ExA.wpd Page 28 Dr. Com is a Professor and the Division Director at the Johns Hopkins University, Department of Environmental Health Sciences, Division of Environmental Health Engineering and holds a Ph.D. in Industrial Hygiene and Sanitary Engineering from Harvard University. Dr. Com will testify regarding exposure issues related to the handling of some asbestos-containing products as well as the relative risks, governmental regulations and feasibility of engineering controls. He may discuss and testify about levels of asbestos exposure experienced in various occupations and trades, fiber-emitting propensities of products, factors affecting levels of exposure, and industrial hygiene practices. Dr. Com will also testify that the reasonably foreseeable use of some asbestos-containing electrical products does not create a health hazard. Dr. Com may base his opinions regarding use of such asbestos-containing products on various fiber release studies performed at industrial hygiene laboratories. Dr. Com may also testify regarding the history of governmental regulation of asbestos and the rule-making process for such regulation. John M.G. Davis, M.D. Institute of Occupational Medicine Ltd. 8 Roxburgh Place Edinburgh, Scotland EH8 9SU Dr. Davis is expected to testify concerning the development ofknowledge ofasbestos-related diseases as a result ofin vitro and in vivo experimentation. Dr. Davis is expected to testify concerning fiber size, fiber clearance and other aspects of asbestos-related pathology. Dr. Davis is also expected to testify concerning the views of Dr. Brody. R.C. Austin Faculty of Laws University College London Bentham House Endsleigh Gardens London WC1H OE6 England Dr. Austin will testify about the procedures by which industrial regulations have been drafted and implemented in the United Kingdom. He will testify about the role of consultation among government, industry and labor in the creation of such regulations. Richard J. Lee, Ph.D. R.J. Lee Group, Inc. 350 Hochberg Road Monroeville, PA 15146 Dr. Lee is expected to testify about the development of scientific knowledge and techniques regarding the measurement of levels of asbestos in the air and in lung tissue. Dr. Lee may comment upon techniques used by plaintiffs' experts to generate and analyze air, dust and lung tissue samples and conclusions drawn therefrom. Dr. Lee may also testify concerning the propensity of gasketing materials to release fibers and the specific fiber levels generated G :\5015-00\Discovery\masterexpertwit. ExA.wpd Page 29 therefrom during normal use. Dr. Raymond Weiss Rockville, Maryland Dr. Weiss is board certified in internal medicine and oncology. Rockville, Maryland. Dr. Weiss practices in Dr. Weiss is expected to testify about the alleged carcinogenic aspects of asbestos exposure, including matters such as dose/response, epidemiology, and the types of cancer that are medically accepted as causally associated with exposure to asbestos. Dr. Weiss is expected to testify as to general medical issues and carcinogenicity. Russell Sherwin Department of Pathology USC School of Medicine Los Angeles, California Upon review ofPlaintiffs medical records and pathology materials, Dr. Sherwin may testify about Plaintiffs' medical conditions and its causes. His testimony may include a discussion of asbestos and its effects on human health generally and on the Plaintiffs' conditions specifically and the effect of other substances on human health generally and on the Plaintiffs' condition specifically. Dr. Sherwin may testify regarding the increased risk of cancer faced by individuals who smoke cigarettes or other tobacco products and the link between smoking and cancer. He may testify about the relationship between asbestos exposure and cancer and the methods by which it can be determined whether a particular cancer is related to asbestos exposure. He may apply these principles to Plaintiffs' cases. Dr. Sherwin may also testify in the field of pulmonary medicine and the results of his examination of the records and radiographs regarding Plaintiff. He will testify as to whether the alleged mesothelioma can be attributed to asbestos exposure or not based on the medical and scientific literature. Industrial Hygienists and Toxicologists: Jack E. Peterson, P.E. Peterson Associates 2830 Via Viejas Oeste Alpine, CA 91901 619-445-9668 Mr. Peterson will testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. Sheldon Rabinovitz Sandler Occupational Associates 966 Hungerford Drive, #20 Rockville, MD 20852 G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 30 301-217-0868 Dr. Rabinovitz is a certified industrial hygienist and toxicologist. He is employed at SOMA, and is a past employee of EPA and NIOSH. Dr. Rabinovitz is expected to testify about the principles of industrial hygiene and the factors that are important to industrial hygiene studies both currently and historically. He is expected to testify as to the manner in which experts can use current and historical industrial hygiene data and how the data should be interpreted in specific cases. Dr. Rabinovitz has reviewed available documents, depositions and exhibits with respect to Armstrong World Industries, Inc., and is expected to testify as to the reasonableness of the industrial hygiene practices employed by AWI in the past to protect its workers. Dr. Rabinovitz is familiar with the historical state-of-the-art practices and the information available in the medical and scientific literature. Dr. Rabinovitz is expected to testify as to the reasonableness of the industrial hygiene practices employed by AWI in relation to the historical knowledge ofthe scientific and medical communities. Dr. Rabinovitz is expected to testify that in the past AWI acted reasonably in the manufacture and sale of its products. Mr. Charles Blake Atlanta, Georgia Mr. Blake is a certified industrial hygienist. Mr. Blake is employed in Atlanta, Georgia. Mr. Blake is expected to testify about alleged occupational exposures of Plaintiff and whether such exposure could be considered as creating a scientifically significant amount of risk for the development of an asbestos-related disease. Mr. Blake is expected to testify about the principles ofindustrial hygiene and the factors that are important to industrial hygiene studies. He is expected to testify as to the manner in which experts can use industrial hygiene data and how the data should be interpreted in specific cases. Mr. Blake is expected to testify as to the manner in which industrial hygiene data should be properly considered in evaluating exposures. Mr. Blake will be provided with copies of the testing data of experts retained by counsel for Plaintiff and will be asked to comment on the methods used in the studies as well as the results of the studies, as compared to published studies and work performed by Mr. Blake in the past. Francis W. Weir, Ph.D. 5629 FM 1960 West, Suite 340 Houston, Texas 77069 (281) 893-4003 Dr. Weir is an expert industrial hygienist and toxicologist who may testify generally, among other related subjects, on the subjects of toxicology and industrial hygiene as they relate to asbestos; dose response characteristics of asbestos and similar dust; the state of knowledge (or state of the art) among scientists, doctors and industry about the effects of asbestos on humans as it has developed in the last one hundred years; the American Congress of G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 31 Industrial Hygiene standards, the OSHA standards and similar standards, together with changes therein and reasons for such changes over the years; the effects of cigarette smoking on the human body; the links between asbestos and disease and the causal nexus between any asbestos exposure and the complaints and/or diseases of which Plaintiffs complain in this case; industrial hygiene practices during the relevant time periods relating to asbestos in refinery and similar environments; dose response as related to asbestos exposure; the placement of responsibility for worker safety upon employers by OSHA and similar workplace safety standards; the practices and marketing efforts of manufacturers of asbestos products over the years; the specific safety practices of defendants at their various facilities during the applicable time and the adequacy thereof; other possible causes of any disability or condition claimed by Plaintiffs; and whether and to what extent Plaintiffs' risk of cancer has been increased by any possible exposure to asbestos at any location. J. Leroy Balzer, Ph.D. 408 Horse Trail Court Walnut Creek, CA 94595 Dr. Balzer is an expert industrial hygienist and toxicologist who may testify generally, among other related subjects, on the subjects of toxicology and industrial hygiene as they relate to asbestos; dose response characteristics of asbestos and similar dust; the state of knowledge (or state of the art) among scientists, doctors and industry about the effects of asbestos on humans as it has developed in the last one hundred years; the American Congress of Industrial Hygiene standards, the OSHA standards and similar standards, together with changes therein and reasons for such changes over the years; the effects of cigarette smoking on the human body; the links between asbestos and disease and the causal nexus between any asbestos exposure and the complaints and/or diseases of which Plaintiffs complain in this case; industrial hygiene practices during the relevant time periods relating to asbestos in refinery and similar environments; dose response as related to asbestos exposure; the placement of responsibility for worker safety upon employers by OSHA and similar workplace safety standards; the practices and marketing efforts of manufacturers of asbestos products over the years; the specific safety practices of defendants at their various facilities during the applicable time and the adequacy thereof; other possible causes of any disability or condition claimed by Plaintiffs; and whether and to what extent Plaintiffs' risk of cancer or other claimed asbestos related disease has been increased by any possible exposure to asbestos at any location. Dr. Robert Sawyer 149 Prospect Avenue _ Guilford, CT 06437 Dr. Sawyer is an expert industrial hygienist and toxicologist who may testify generally, among other related subjects, on the subjects of toxicology and industrial hygiene as they relate to asbestos; dose response characteristics of asbestos and similar dust; the state of knowledge (or state of the art) among scientists, doctors and industry about the effects of asbestos on humans as it has developed in the last one hundred years; the American Congress of Industrial Hygiene standards, the OSHA standards and similar standards, together with changes therein and reasons for such changes over the years; the effects of cigarette smoking on the human body; the links between asbestos and disease and the causal nexus between any G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 32 asbestos exposure and the complaints and/or diseases of which Plaintiffs complain in this case; industrial hygiene practices during the relevant time periods relating to asbestos in refinery and similar environments; dose response as related to asbestos exposure; the placement of responsibility for worker safety upon employers by OSHA and similar workplace safety standards; the practices and marketing efforts ofmanufacturers of asbestos products over the years; the specific safety practices of defendants at their various facilities during the applicable time and the adequacy thereof; other possible causes of any disability or condition claimed by Plaintiffs; and whether and to what extent Plaintiffs' risk of cancer has been increased by any possible exposure to asbestos at any location. James O. Rasmuson Chemistry and Industrial Hygiene, Inc. 4251 Kippling, #110 Wheat Ridge, CO 80033 303-420-8242 Mr. Rasmuson will testify in the field of industrial hygiene and toxicology and may testify generally, among other related subjects, on the subjects of toxicology and industrial hygiene as they relate to asbestos; dose response characteristics of asbestos and similar dust; the state of knowledge (or state of the art) among scientists, doctors and industry about the effects of asbestos on humans as it has developed in the last one hundred years; the American Congress of Industrial Hygiene standards, the OSHA standards and similar standards, together with changes therein and reasons for such changes over the years; the effects of cigarette smoking on the human body; the links between asbestos and disease and the causal nexus between any asbestos exposure and the complaints and/or diseases of which Plaintiffs complain in this case; industrial hygiene practices during the relevant time periods relating to asbestos in refinery and similar environments; dose response as related to asbestos exposure; the placement of responsibility for worker safety upon employers by OSHA and similar workplace safety standards; the practices and marketing efforts of manufacturers of asbestos products over the years; the specific safety practices of defendants at their various facilities during the applicable time and the adequacy thereof; other possible causes of any disability or condition claimed by Plaintiffs; and whether and to what extent Plaintiffs' risk of cancer has been increased by any possible exposure to asbestos at any location. Sharon M. D'Orsie, Ph.D. Eagle Environmental Health, Inc. 2600 Southwest Freeway, #810 Houston, TX 77098-4614 713-523-2453 Dr. D'Orsie will testily in the field of industrial hygiene and may testify generally, among other related subjects, on the subjects of toxicology and industrial hygiene as they relate to asbestos; dose response characteristics of asbestos and similar dust; the state of knowledge (or state of the art) among scientists, doctors and industry about the effects of asbestos on humans as it has developed in the last one hundred years; the American Congress of Industrial Hygiene standards, the OSHA standards and similar standards, together with changes therein and reasons for such changes over the years; the effects of cigarette smoking on the human body; the links between asbestos and disease and the causal nexus between any G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 33 asbestos exposure and the complaints and/or diseases of which Plaintiffs complain in this case; industrial hygiene practices during the relevant time periods relating to asbestos in refinery and similar environments; dose response as related to asbestos exposure; the placement of responsibility for worker safety upon employers by OSHA and similar workplace safety standards; the practices and marketing efforts ofmanufacturers of asbestos products over the years; the specific safety practices of defendants at their various facilities during the applicable time and the adequacy thereof; other possible causes of any disability or condition claimed by Plaintiffs; and whether and to what extent Plaintiffs' risk of cancer has been increased by any possible exposure to asbestos at any location. Elizabeth L. Green, P.E. Eagle Environmental Health, Inc. 2600 Southwest Freeway, #810 Houston, TX 77098-4614 713-523-2453 Dr. Green will testify in the field of industrial hygiene and may testify generally, among other related subjects, on the subjects of toxicology and industrial hygiene as they relate to asbestos; dose response characteristics of asbestos and similar dust; the state of knowledge (or state of the art) among scientists, doctors and industry about the effects of asbestos on humans as it has developed in the last one hundred years; the American Congress of Industrial Hygiene standards, the OSHA standards and similar standards, together with changes therein and reasons for such changes over the years; the effects of cigarette smoking on the human body; the finks between asbestos and disease and the causal nexus between any asbestos exposure and the complaints and/or diseases of which Plaintiffs complain in this case; industrial hygiene practices during the relevant time periods relating to asbestos in refinery and similar environments; dose response as related to asbestos exposure; the placement of responsibility for worker safety , upon employers by OSHA and similar workplace safety standards; the practices and marketing efforts of manufacturers of asbestos products over the years; the specific safety practices of defendants at their various facilities during the applicable time and the adequacy thereof; other possible causes of any disability or condition claimed by Plaintiffs; and whether and to what extent Plaintiffs' risk of cancer has been increased by any possible exposure to asbestos at any location. Lawrence R. Birkner McIntyre, Birkner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, CA 91362-1822 _ (805) 494-8173 Dr. Birkner will testify in the field of industrial hygiene and the state of the art knowledge as it existed^ from time to time relating to the health effects of asbestos exposure. John A. Pendergrass 6700 Milkhouse Court Mobile, AL 36695 (334)607-0946 G:\5015-00\Discovery\rnasterexpertwit.ExA.wpd Page 34 Dr. Pendergrass will testify in the field of industrial hygiene and the state of the art knowledge as it existed from time to time relating to the health effects of asbestos exposure. Mr. Pendergrass is an engineer and certified industrial hygienist and safety professional who will testify about the most likely high exposure to asbestos which Plaintiffs may have had based on work history, the responsibility of the employers of Plaintiffs to safeguard safety, the relative responsibility of the owners of premises where Plaintiffs were employed, the state of the regulation and industry knowledge about the carcinogenesis of asbestos with specific regard to mesothelioma, and state of the art in the refining industry with regard to asbestos. Walter Greer Koch Petroleum Group P. 0. Box 2608 Corpus Christi, TX 78403 361-241-4811 Mr. Greer is an employee of Koch who works as an industrial hygienist at the refinery in question and will testify in the field of industrial hygiene as it relates to asbestos and the facilities at issue. He may also testify concerning the knowledge of industrial hygiene practices as it has existed from time to time. William L. Dyson, PhD, CIH Workplace Hygiene, LLC 1022 Jefferson Road P. O. Box 49176 Greensboro, NC 27410 336-297-1642 Dr. Dyson is an industrial hygienist who will testify concerning the state of the knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. Radiologists/ "B" Readers: John Fennessey, M.D. Dr. John Fennessey is a practicing radiologist and a 5-reader certified by NIOSH. His testimony will relate to his interpretation ofchest films taken of the Plaintiff. It is anticipated by Dr. Fennessey will testify generally as to his interpretation of the Plaintiffs chest films, the presence of any asbestos-related condition as evidenced on the chest film, and the presence of other abnormalities or conditions unrelated to any exposure to asbestos. Dr. Peter M. Barrett, M.D. 68 Russell Pk. Quincy, MA 02169 (617) 471-1360 G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 35 Dr. Barrett is currently a Staff Radiologist and former Chairman of Radiology Department and President of the medical staff at Quincy City Hospital, Quincy, Massachusetts. He is also Director of Radiologic Services at the Massachusetts Respiratory Hospital in Braintree. He is board certified in diagnostic radiology and nuclear medicine and has been a "B" reader from NIOSH since 1984. He is a fellow of the American College of Radiology and a member of the American Roentgen Ray Society, the American Thoracic Society, and the Massachusetts Radiological Society in which he has held several offices including the president 1977-1978. He has been a consultant to the U.S. Government regarding asbestos concerns and a consultant to the Department of Labor Black Lung Program. Dr. Barrett will also testily concerning the significance of asbestos related abnormalities and neoplastic disease, that asbestos related pleural plaques have no relationship to any type of neoplasm and do not represent asbestosis. He will testify based upon his review of the radiographs as to the presence or absence of radiographic abnormalities related to asbestos in Plaintiffs and that not all alleged mesotheliomas and/or cancers can be attributed to asbestos exposure, but that some mesotheliomas and/or cancers are in fact idiopathic in nature. He will testify concerning the dose needed to cause malignant mesothelioma in general and the difficulty in making pathologic diagnosis of mesothelioma. Sam Cade, M.D. Texas Diagnostic Imaging 3535 Worth Street #110 Dallas, TX 75246 214-820-3219 Dr. Cade is a "B" reader and may testify regarding the radiographs of the Plaintiffs. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs' experts' claims and related topics. Dr. Robert Shephard University of Texas Medical Branch at Tyler 11937 U.S. Hwy 271 Tyler, TX 903-877-7100 Dr. Shephard is a "B" reader and may testify regarding the radiographs of the Plaintiffs. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs' experts' claims and related topics. Dr. William Weiss 144 Mundy Street Wilkes Barre, PA 18702 (570) 288-1449 Dr. William Weiss is expected to testify about the evolution of asbestos disease, his knowledge of pulmonary lung disease of all varieties, the "state-of-the-art" of the development of knowledge regarding cigarettes and disease, the relationship between cigarette smoking and pulmonary fibrosis, the nature and the evolution of x-ray work, his G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 36 knowledge of x-rays as a "5" reader and related matters. Dr. Peter Barrett Chief of Radiology Quincy City Hospital Quincy, MA 02169 Dr. Barrett is a radiologist/5-Reader. He is expected to testify generally about radiologic concepts and evaluation and its relation to the diagnosis of pulmonary diseases. He will testify specifically regarding his evaluation of x-rays in the diagnosis of occupational pneumoconiosis. He is expected to testify generally about radiologic concepts and evaluation and its relation to the diagnosis ofpulmonary diseases. He will testify specifically regarding his evaluation ofx-rays in the diagnosis of occupational pneumoconiosis. Dr. Barrett will testify that some asbestos-containing products are not hazardous and that any possible asbestos exposure from such asbestos-containing products could not have caused any of the Plaintiffs' alleged illnesses. Dr. Barrett is a practicing radiologist and a 5-reader certified by NIOSH. His testimony will relate to his interpretation of chest films taken of the Plaintiffs, as disclosed in reports produced, if any, and will be made available to the Plaintiffs. It is anticipated that Dr. Barrett will testify generally as to his interpretation of the Plaintiffs' chest films, the presence of any asbestos-related condition as evidenced on the chest film, and the presence of other abnormalities or conditions unrelated to any exposure to asbestos. Patrick N. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, Texas 77030 (713) 442-2576 and/or 2727 West Holcomb Houston, TX 77024 713-442-0000 Dr. Conoley is a radiologist and 5-Reader who may testify about the findings seen on Plaintiffs' x-rays; the extent of asbestos damage, if any, seen on such x-rays; the nature of damage caused in human lungs by excessive exposure to asbestos and similar dust; the diseases and conditions that may develop in humans as a result of asbestos exposure; which, if any, of Plaintiffs' claimed medical problems are related to excessive asbestos exposure; the functioning of the human lung and how excessive asbestos exposure interferes with that functioning; the effects of tobacco smoking; the general interpretation of chest films; the effective devices that the human body has to either exclude or expel harmful asbestos fibers from the lungs; the physiology of the respiratory process; the proper standards and criteria for the diagnosis of various asbestos-related diseases based on x-rays, pulmonary functions, and other tests, and the factors to be considered with respect to any disease and whether it may or might be linked to potential asbestos exposure; and the dose response relationship G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 37 as applicable to the effects of asbestos on the human lungs. Dr. Robert Shephard University of Texas Medical Branch at Tyler 11937 U.S. Highway 271 Tyler, TX 903-877-7100 Dr. Shephard is a "B" reader and may testify regarding the radiographs of the Plaintiffs. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs' experts' claims and related topics. EXPERT TESTIMONY DESIGNATED BY DEPOSITION Without limiting the above designations, Defendant also designates the following expert testimony by way of deposition: 1. Dr. Corwin Hinshaw, December 18 and 19,1990, videotape deposition; U.S. District Court for the Southern District of Mississippi; Lelos Wedgeworth v. Armstrong Cork, et al. Civil Action No. J78-002(N) and other cases consolidated therewith. 2. Dr. Alton Ochsner, September 11 and 12, 1980, deposition; U.S. District Court for the Southern District of Mississippi, Southern Division; L.T. Chapin, et al v. AC&S, Civil Action No. 579-0272. 3. Dr. Forde A. Mclver, February 26, 1980, videotape deposition; U.S. District Court, District of South Carolina, Charleston Division; In Re: Asbestosis. 4. Dr. Nicholas Sargent, August 1, 1986, videotape deposition; Pasadena, California. 5. Dr. James Pearle, July 31, 1986, videotape deposition; Anaheim, California 6. Willis Hazard, February 112, 1981, deposition; Toledo, Ohio. 7. Deposition of Forde A. Mclver, M>D., dated September 15, 1978 (Vols. I and II); Lollie Hendrix, Widow ofEugene Hendrix, and as Administratrix of the State ofEugene Hendrix, Deceased v. Combustion Engineering, Inc., et al; United States District Court for the Southern District of Georgia, Augusta Division; Civil Action No. CV 177-167. 8. Deposition of Henry C. Barron, Jr., dated October 15, 1980; Ralph G. Watson, et al v. The Celotex Corporation, et at. United States District Court for the Southern District of Georgia, Augusta Division; Civil Action No. CV179-240. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 38 9. Deposition of Henry C. Barron, Jr., dated October 16, 1980; Ralph G. Watson, et al v. The Celotex Corporation, et al\ United States District Court for the Southern District of Georgia, Augusta Division; Civil Action No. CV179-240. 10. Deposition of Henry C. Barron, Jr., dated December 11, 1980; Ralph G. Watson, et al v. The Celotex Corporation, et al; United States District Court for the Southern District of Georgia, Augusta Division; Civil Action No. CV179-240. 11. Deposition of H. Clarence Barron, Jr., dated September 15, 1981; In Re: Asbestosis Cases; United States District Court for the Southern District of Georgia, Savannah Division; Civil Action Nos. CV479-267, CV479-312, CV479-326, CV479-332, CV480-97, CV479-287, CV479-313, CV479-327 and CV479-334. 12. Deposition of Andrew T. Haas, dated August 22, 1980; In Re: Asbestos Cases; United States District Court for the Northern District of Georgia, Atlanta Division; Civil Action Nos. CV79-1385A, CV77-633-A, CV77-111A, CV77-632-A and CV79-2036-A; In Re: Asbestos Cases; United States District Court for the Southern District of Georgia, Augusta Division; Civil Action No. CV176-166; and In Re: Asbestos Cases; United States District Court for the Southern District of Georgia, Savannah Division. 13. Deposition ofRoy J. Steinfiirther, dated August 12, 1980 (two volumes); In Re: Asbestos Cases; United States District Court for the Southern District of Georgia, Augusta Division; Civil Action No. CV176-166; United States District Court for the Northern District of Georgia, Atlanta Division, Civil Action Nos. CV79-1385-A, CV77-633-A, CV77-111-A, CV77-632-A, CV79-2036-A, and United States District Court for the Southern District of Georgia, Savannah Division. 14. Trial testimony of August Pocius; Carol Louise Tuten v. Johns-Manville Sales Corporation, et al; Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida; Case No. 77-13991-CA, Division K. 15. Trial testimony of Dr. Edward A. Gaensler; John Daniel Davis v. Armstrong World Industries, et al; Circuit Court of Monongalia County, West Virginia; Civil Action No. 86-C-763. 16. Trial testimony of Dr. W.K.C. Morgan; John Daniel Davis v. Armstrong World Industries, et al; Circuit Court of Monongalia County, West Virginia; Civil Action No. 86-C-763. 17. Trial testimony of Dr. Andrew Churg; In Re: Baltimore City Personal Injury and Wrongful Death Asbestos Cases; Circuit Court for Baltimore City, G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 39 Consolidated File No. 89236704. Dr. James Crapo 4650 South 4th Street Englewood, CO 80110 303-221-6695 Dr. Crapo may testify as to all matters pertaining to his examination of Plaintiff and/or review of Plaintiffs medical records, x-rays and reports and supplemental reports of Plaintiffs experts; any communications with Plaintiff or Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiff suffers from asbestos-related disease and the basis of such opinions. Safety Expert: Phillip Nessler 507 Bora Bora Galveston, Texas 77554 (409) 938-8366 Mr. Nessler may testify regarding the content and application of certain OSHA regulations and any related worker safety, compliance or corporate/industry practice issues. James T. Knorpp Knorpp Safety Services 1249 Misty's Run Keller, Texas 76248 817-379-0840 Mr. Knorpp is a professional engineer. He will testify concerning OSHA's requirements and that those requirements are the responsibility of the employer to protect the worker. Epidemiologists: Janet Hughes, Ph.D. Tulane University Medical Center Section of Environmental Medicine SL 15 1430 Tulane Avenue New Orleans, LA 70112 Dr. Hughes is expected to testify regarding the epidemiological and statistical analyses performed by herself and by others with respectTo asbestos-related diseases. Edward B. Illgren, M.D. Conwyn Apartments 830 Montgomery Avenue Bryn Mawr, PA 19010 Dr. Illgren is expected to testify regarding all facets of asbestos-related disease, including, without limitation, respiratory system functioning, physiology, state-of-the-art medical knowledge regarding asbestos-related disease, pathology, epidemiology and risk assessment. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 40 Dr. Illgren is expected to testify regarding risk assessment and epidemiological studies conducted by him and by others. Dr. Jonathan M. Samet Pulmonary Division Department of Medicine University of New Mexico Albuquerque, NM 87131 505-272-4751 Dr. Samet is an internist and epidemiologist. He is expected to testify generally about the relationships between asbestos, cigarette smoking and lung cancer, and generally about the epidemiology of disease. Janet Hughes, Ph.D. Tulane University Medical Center Section of Environmental Medicine SL 15 1430 Tulane Avenue New Orleans, LA 70112 Dr. Hughes is expected to testify regarding the epidemiological and statistical analyses performed by herself and by others with respect to asbestos-related diseases. Otto Wong, Sc.D., F.A.C.E. Applied Health Science, Inc. 181 Second Avenue, #628 San Mateo, CA 94401 Dr. Wong is a board certified epidemiologist and a fellow of the American College of Epidemiology. He is expected to testify regarding the history and development of scientific and medical knowledge about asbestos-related disease, the epidemiology of asbestos diseases, and increased risk of cancer and life-shortening problems not related to asbestos exposure. He is also expected to testify as to the status of epidemiological studies regarding asbestos-related diseases. Other: Arthur Langer, Ph.D. Institute of Applied Sciences Brooklyn College of the City University New York, New York (718)981-4793 Dr. Langer is a mineralogist with a Ph.D. from Columbia University. Dr. Langer is a Professor of Mineralogy at City University, New York, New York, and Director of the Environmental Sciences Laboratory of the Institute of Applied Sciences, Brooklyn College of the City University of New York. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 41 Dr. Langer is expected to identify and describe the various methods by which inorganic material, from aerosols, bulk samples, or tissue, may be analyzed chemically, crystollagraphically, and structurally. Dr. Langer is expected to testify about the various types of asbestos fiber, the geographic locations where the fibers can be found, the potential biologic activity of the various fibers in the human lung (including inorganic toxicity), the physical and chemical characteristics of the various asbestos fibers, and the identification and characterization of asbestos fibers. Dr. Langer is expected to testify as to the types of inorganic minerals found in the lung tissue of persons with malignant mesothelioma and which are associated with the incidence of malignant mesothelioma in humans. Dr. Langer is expected to identify the types of fiber that have been shown to create an increased risk for malignant mesothelioma. Dr. Langer is expected to testify as to the physical and chemical characteristics of the fibers that have been shown to create an increased risk of malignant mesothelioma. Dr. Langer is expected to testify as to the potential for certain finished asbestos-containing products to be contaminated with inorganic minerals and the amounts of the types of trace contaminants that may be found in the products. Dr. Langer is expected to offer testimony as to the amount of contaminants that are found in finished asbestos-containing products, if any, and the chemical, crystallographic, and structural composition of the contaminants. Dr. Langer is expected to testify as to the levels of airborne contaminants that can be generated from a finished product, if any. Dr. Langer is expected to testify, based upon his review of the literature and of evidence of exposure, that exposure to certain encapsulated products did not result in a release of any contaminants sufficient to cause disease in persons such as plaintiff. Dr. Langer is expected to testify that his work, and the literature, do not establish that certain encapsulated products are contaminated with tremolite asbestos. Robert Murray Guilford Institute Ward Street Guildford GUI LH England Dr. Murray will testify about the development of knowledge concerning the health effects of asbestos and about practices with respect to asbestos and health in the United Kingdom. He will testify live or by deposition, consistent with his depositions In Re: Asbestosis School Litigation, U.S.D.C., Eastern District of Pennsylvania, No. 83-0268, November 19, 1990; or Cimino, et al v. Raymark Industries, Inc., et al, U.S.D.C., Eastern District of Texas, No. B-86-0456-CA, January 30, 1990; or John L. May, Archbishop ofSt. Louis, et al v. AC&S, Inc., et al, U.S.D.C., Eastern District of Missouri, 88-0386-C-5, July 16, 1992. Mark Lehto, Ph.D. Purdue University Purdue, IN G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 42 Dr. Lehto will testify about the history of warnings and the proper content of product warnings. Dorsett Smith Chest Diseases, Inc. 4310 Colby Avenue, #201 Everett, WA 98203 425-259-5171 Dr. Smith will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various fiber types, and the relationship, if any, between asbestos and various diseases. Dr. Smith will testify about the epidemiology of asbestos-related diseases, latency, state-of-the-art, and other related matters. Dr. Smith will testify about case specific testimony, where applicable. He will testify about the evolution of asbestos disease, cigarette-related diseases, and other respiratory or systemic conditions, specifically carcinomas, seen either independently or in connection with either of the foregoing. Dr. Smith will testify about the various fiber types of asbestos and, if necessary, about apportionment between product usage. Mr. Dohrman Byers 12060 Lawnview Avenue, #6 Cincinnati, OH Mr. Byers' testimony may be presented by way of deposition taken on October 21,1985, in Brandt v. Owens-Illinois, Inc., Case No. 605-147, Milwaukee Circuit Court, Wisconsin. Mr. Byers testified as to the interpretation and application of the Threshold Limit Value by the U.S. Public Health Service. Douglas Fowler, Ph.D. 643 Blair Island Road, Number 305 Redwood City, CA 94863 Dr. Fowler is an industrial hygienist who may testify live or by deposition concerning issues relating to Plaintiffs theories of "fiber drift," issues relating to the Threshold Limit Value, protective measures, Plaintiffs level of exposure to asbestos, and other industrial hygienerelated issues. Dr. Pat Hessel Alberta Asthma Center P. O. Box 4033 Edmonton, Alberta ~ Canada T6E 6K2 Dr. Hessel may testify live or by deposition concerning the epidemiology of asbestos-related diseases among various populations. Henry C. Field, M.D. Virginia Beach, VA G:\50l5-00\Discovery\masterexpertwit.ExA.wpd Page 43 Mr. Field may testify live or by deposition about the construction, overhaul and repair of ships. Based upon his training, background, experience and documents he has reviewed, he will testify as to when various asbestos-related products may have been used in ship construction or in overhaul and repair work. He will also testify regarding seamen's various job functions and any exposures in the course of those activities. Henry J. Silverman, M.D. Dr. Henry J. Silverman may testify, in general, concerning asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology ofasbestos-related diseases and the criteria for diagnosis of an asbestos-related disease. He may also testify regarding the existence or non-existence of any asbestos-related disease in the Plaintiff, including but not limited to, pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos-related disease allegedly suffered by Plaintiff was medically or proximately caused by exposure to asbestos-containing gasket and packing products. He may also testify on the existence of a dose/response relationship between exposure to asbestos and asbestos-related disease. He may also testify on the increased risk of cancer issues and whether a particular Plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. With respect to a particular Plaintiff, he may testify as to review and interpretation of x-ray films, review and interpretation of pulmonary function testing, the nature and extent of any impairment or disability, whether the condition is progressive and whether other disease or conditions are present in Plaintiff. Dr. Silverman's testimony will be based on his training, experience, education and review of the medical literature concerning asbestos-related disease. Robert W. Morgan, M.D. Dr. Morgan may testify, in general, concerning asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos-related diseases and the criteria for diagnosis of any asbestos-related disease. He may also testify regarding the existence or non-existence of any asbestos-related disease in the Plaintiff, including but not limited to, pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos-related disease allegedly suffered by Plaintiff was medically or proximately caused by exposure to asbestos-containing gasket and packing products. He may also testify on the existence on a dose/response relationship between exposure to asbestos and asbestos-related disease. He may also testify on increased risk of cancer issues and whether a particular Plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. With respect to a particular Plaintiff, he may testify as to review and interpretation of x-ray films, review and interpretation of pulmonary function testing, the nature and extent of any impairment or disability, whether the condition is progressive and G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 44 whether other disease or conditions are present in Plaintiff. Dr. Morgan's testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos-related disease. Terrence Moisan, M.D. Dr. Moisan may testify, in general, concerning asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos-related diseases and the criteria for diagnosis of any asbestos-related disease. He may also testify regarding the existence or non-existence of any asbestos-related disease in the Plaintiff, including but not limited to, pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos-related disease allegedly suffered by Plaintiff was medically or proximately caused by exposure to asbestos-containing gasket and packing products. He may also testify on the existence on a dose/response relationship between exposure to asbestos and asbestos-related disease. He may also testify on increased risk of cancer issues and whether a particular Plaintiffhas a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. With respect to a particular Plaintiff, he may testify as to review and interpretation ofx-ray films, review and interpretation ofpulmonary function testing, the nature and extent of any impairment or disability, whether the condition is progressive and whether other disease or conditions are present in Plaintiff. Dr. Moisan's testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos-related disease. Stanley Fiel, M.D. Dr. Fiel may testify, in general, concerning asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos-related diseases and the criteria for diagnosis of any asbestos-related disease. He may also testify regarding the existence or non-existence of any asbestos-related disease in the Plaintiff, including but not limited to, pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos-related disease allegedly suffered by Plaintiff was medically or proximately caused by exposure to asbestos-containing gasket and packing products. He may also testify on the existence on a dose/response relationship between exposure to asbestos and asbestos-related disease. He may also testify on increased risk of cancer issues and whether a particular Plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. With respect to a particular Plaintiff, he may testify as to review and interpretation of x-ray films, review and interpretation of pulmonary function testing, the nature and extent of any impairment or disability, whether the condition is progressive and whether other disease or conditions are present in Plaintiff. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 45 Dr. Fiel's testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos-related disease. Michael Graham, M.D. Dr. Michael Graham is a board certified pathologist who may give testimony regarding the pathological diagnosis of the medical condition of any Plaintiff and in the case of a deceased Plaintiff, may give testimony as to the cause of death. He will further testify as to whether any given Plaintiff or Plaintiff's decedent had a condition or illness caused by asbestos exposure. He may also testify on the latency period related to various asbestos-related diseases and the carcinogenic properties of different types of asbestos fibers. Ronald G. Crystal, M.D. Bruce Webster Professor of Internal Medicine Cornell University Medical College 520 East 70th Street, Starr #505 New York, NY 10021 212-746-2258 Dr. Crystal may testify regarding the different types of asbestos, asbestos-related health effects, the functioning of the respiratory system, lung defense mechanisms, and lung fiber burden. Dr. Crystal may also testify regarding risk assessment, state-of-the-art medical knowledge regarding asbestos, and other related medical and scientific subjects. Dr. Crystal may testify regarding levels of asbestos exposure below which no disease has been found. He may also quantify high levels of exposure and differentiate those from low levels of exposure, exposure in buildings, materials and ambient air. Dr. Crystal may comment regarding studies, epidemiological or animal data, articles or other materials relied upon by experts in the field. His testimony will be based upon his education, experience and the literature in his fields of expertise. John Addison 25 Haddington Place Edinburgh, Scotland EH7 4AF John Addison is a mineralogist with particular expertise in asbestos mineralogy. Dr. Addison may express opinions specific to Plaintiff based upon actual analysis of tissue. He may also proffer case-specific opinions even if he has not conducted separate tissue content analysis and quantification. Dr. Addison may proffer opinions from the perspective of a mineralogist about the causation of any medical condition diagnosed by physicians in these matters. Dr. Addison may testify about the physical, chemical and aerodynamic aspects, as well as biological effects of all minerals pertinent to these matters, including asbestos. He may testify about the analytical methods utilized over time to identify and quantify mineral dusts and the role of various minerals in causing mesothelioma and that commercially available chrysotile probably does not cause or contribute to cancer. Jonathan M. Haas 1765 Preserve Point Terrace Orange Park, Florida 32073 904-264-7939 G:\5015-00\Discovery\masterexpertwi t. ExA. wpd Page 46 Mr. Haas may testify regarding Sun's corporate industrial hygiene and safety rules and procedures. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Alan Gillie Industrial Hygienist Sun Pipe Line Company Ten Penn Center 1801 Market Street Philadelphia, PA 19103 Mr. Gillie may testify regarding Sun's industrial hygiene and safety rules and procedures. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Gus Ruggiero Industrial Hygienist Sun Company, Inc. Ten Penn Center 1801 Market Street Philadelphia, PA 19103 Mr. Ruggiero may testify regarding Sun's industrial hygiene and safety rules and procedures. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Defendants reserve the right to supplement their expert witness disclosure, once Plaintiffs disclose the identity of their experts and identity of their trial witnesses and/or the nature of each of their expert witness' testimony. Defendants reserve the right to call any and all expert witnesses designated by any defendant in this case, and adopt such co-defendants' designations by reference. Defendants reserve by designation the right and privilege to call to testify the experts which may in the future be designated by Plaintiffs, but without necessarily adopting or endorsing any of their opinions, and without waiving Defendants' right to challenge Plaintiffs' experts on any issues, including without limitation qualifications, conclusions and opinions. Further, Defendants reserve the right to cross-examine Plaintiffs' expert witnesses and reserve the right to use Plaintiffs' experts' documents and/or depositions in the cross-examination of Plaintiffs' experts and direct examination G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 47 of experts. Defendants further reserve the right to call undesignated expert witnesses in rebuttal, whose identities and testimony cannot reasonably be foreseen until Plaintiffs' named experts have written reports in this case and/or have presented evidence at trial. Defendants reserve the right to withdraw the designation of expert witnesses and aver positively that any such previously designated expert will not be called as an expert witness at trial, and to re-designate same as consulting expert who cannot be called by opposing counsel. Defendants hereby tender each expert designated above for deposition, to be arranged at a time and place to be determined based on the schedules of Plaintiffs' counsel, the undersigned and the witness in question. G:\5015-00\Discovery\masterexpertwit.ExA.wpd Page 48 EXHIBIT B Unless otherwise noted, the following persons have knowledge of the use, installation and remediation of asbestos-containing products at Defendants' facilities and relationships with contractors, including safety measures and supervisory responsibilities. Wayne Stewart, M.D. Sun Company, Inc. Ten Penn Center 1801 Market Street Philadelphia, Pennsylvania 19103 Medical Director Jack Stein, M.D. Sun Company, Inc. Ten Penn Center 1801 Market Street Philadelphia, Pennsylvania 19103 Medical Director J. Ronald Ficke, M.D. Sun Company, Inc. Ten Penn Center 1801 Market Street Philadelphia, Pennsylvania 19103 Medical Director Marc K. Powell 8200 San Diego Odessa, Texas 79765 Industrial Hygiene and Safety Department Jonathan M. Haas 1765 Preserve Point Terrace Orange Park, Florida 32073 (904) 264-7939 Industrial Hygiene and Safety Department J. L. Laird 7545 Sweetwind Circle Boeme, Texas 78004 830-981-5106 Mr. Laird is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. G :\5015-00\Discovery\masterfactwit. 1 ist. Ex B. wpd Pago I Leland Glasgow 5302 Wentworth Corpus Christi, Texas 78401 361-993-4569 Mr. Glasgow is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. John Kampfhenkel 1308 Circle Lane Bedford, Texas 76022 817-685-8476 Former employee of Sun with knowledge of refining operations and environmental engineering. N. M. Clements 14837 Quaterdeck Drive Corpus Christi, Texas (361) 949-0167 Former employee of Sun and Koch who worked as the plant nurse. Harry F. Hansler 1400 Ocean Drive Corpus Christi, Texas (361) 888-4828 Maintenance Foreman Former employee of Koch. Chico Flores Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Former employee of Koch. Robert E. Fleming Human Resources Department 9625 Paula Drive Corpus Christi, Texas (361)241-7371 G:\5015-0CADiscovery\masterfactwit.Iist.ExB.wpd Page 2 Mr. Fleming is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. R. C. (Roger) Reyes Lead Refinery Project Engineer 4802 Eider Drive Corpus Christi, Texas 78413 Mr. Reyes is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. James Hershel Alston Senior Project Engineer 114 Sharon Drive Boeme, Texas 78006 (830) 249-6209 Mr. Alston is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. R. E. Martiello Safety Engineer and Fire Chief 11101 Leopard Box 1035 Corpus Christi, Texas 78401 (361)241-8331 Mr. Martiello is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. H. H. Schaefer Route 2, Box 152 Alice, Texas 78332 (361) 664-1201 Mr. Schaefer is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. Patti Carrell Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 G '501 5-00'.Discovcry'niasterfact\vit.lisl.FxB.tt'pc! Page 3 Ms. Carrell is an employee of Koch with knowledge of purchasing. Willis Jernigan Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Mr. Jernigan is an employee of Koch with knowledge of safety and health policies. Dan Shisler Koch Industries, Inc. P. 0. Box 2256 Wichita, Kansas 67201 316-828-5026 Mr. Shisler is an employee of Koch with knowledge of claims and insurance. Gary Carriger Koch Industries, Inc. P. O. Box 2256 Wichita, Kansas 67201 316-828-5026 Mr. Carriger is an employee of Koch with knowledge of records retention and availability at the Corpus Christi facility. H. Allan Caldwell Koch Industries, Inc. P. O. Box 2256 Wichita, Kansas 67201 316-828-5026 Attorney for Koch Mr. Caldwell is an attorney employee of Koch with knowledge of the terms of the purchase of the refineries in Nueces County now owned by Koch. By way of designation, we are not waiving any attorney-client or work product privilege. Walter Greer Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Corporate representative Mr. Greer is an employee of Koch who works as an industrial hygienist at the refinery in question. G:\5015-00\Discovery\masierfactwit.list.ExB.vvpd Page 4 Walter Tyler 1401 South Hanley St. Louis, MO 63144 (314) 768-4100 Mr. Tyler is a former employee of Koch Refinery, Corpus Christi, Texas Mark K. Powell 8200 San Diego Odessa, Texas 79765 Mr. Powell is in the Industrial Hygiene and Safety Department Edward Derry 110 E. Janin Circle Portland, Texas 361-643-2701 Head Mechanical Engineer Mr. Derry is a former Suntide Refinery employee. He was Head Mechanical Engineer. Mickey Johnson Corpus Christi, Texas 361-241-4701 Purchasing Agent J. D. Johnson (Address unknown) Former Manager of Maintenance D. K. (Ken) Coker 4533 Silver Hollow Dr. Corpus Christi, Texas (361)850-8212 Purchasing Agent Tom R. Hayes P. O. Box 260910 Corpus Christi, Texas (361) 241-4584 Second Lead Refinery Project Engineer Mr. Hayes is a former employee of Sun and Koch who has knowledge of refinery operations in Corpus Christi, the relationship between those companies and independent contractors, such as Thorpe Insulation, and related information. ti Su] >iid lJiitm LTy.muskTiiJCiu u.lisi l:\U.\vpd Page 3 E. R. "Pete" Hall Box 215 A Orange Grove, Texas 78372 (361) 384-2549 Maintenance Foreman Robert E. Fleming 9625 Paula Drive Corpus Christi, Texas (361)241-7371 Human Resources Department N. M. Clements 14837 Quaterdeck Drive Corpus Christi, Texas (361)949-0167 Nurse C. Milbum (Address unknown) Supervisor of Loss Control Michael J. Kerr (Address unknown) Industrial Hygiene Technician B. L. (Ben) Graves P. O. Box 8 Dinero, Texas 78350 (361) 547-6701 Safety Inspector R. L. (Roy) Delahoussaye Route 1, Box 188 Odem, Texas 78370 Operating Superintendent B. J. (Jack) Roberson 4741 Willowick Corpus Christi, Texas 78413 (361)850-8808 Shift Foreman C.V50! 5-00\DiscoveryVmnsterfacuvit.lisi.lixBAvpd Hutic () E. W. Free, Jr. Route 3, Box 208-E Corpus Christi, Texas 78415 (361) 853-3035 Shift Foreman Roy Crossland Painting and Insulation Department Corpus Christi (361) 387-2309 Foreman/Supervisor (retired) The aforementioned people may have knowledge of refinery operations and may have information concerning Plaintiffs' employment history. Rus Barnes Rural Route 8, Box 1825 Beaumont, Texas 77705-9808 (409) 794-1567 Former employee Jonathan M. Haas 1765 Preserve Point Terrace Orange Park, Florida 32073 904-264-7939 Mr. Haas may testify regarding Sun's corporate industrial hygiene and safety rules and procedures Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Gus Ruggiero Sun Company, Inc. Ten Penn Center 1801 Market Street Philadelphia, PA 19103 Industrial Hygienist Mr. Ruggiero may testify regarding Sun's industrial hygiene and safety rules and procedures. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Edith F. Coen Manager-Health, Environmental and Safety Sun Pipe Line Company P. O. Box 2039 Tulsa, OK 74102-2039 91S-5S0-()000 G:\5015-00\Discovei-y\master(act wit. list. ItxB.wpd Page 7 Ms. Coen may testify regarding industrial hygiene, health and safety issues. Further, she may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Wilbur "Bucky" Crisp Sun Pipe Line company Nederland, Terminal P.O. Box 758 Highway 347 Nederland, TX 77627 409-727-2301 Mr. Crisp may testify regarding operation of Sun's Nederland Terminal. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Lajaunda Williams Sun Pipe Line Company Nederland, Terminal P. O. Box 758 Nederland, TX 77627 409-727-2301 Ms. Williams may testify regarding operation of Sun's Nederland Terminal. Further, she may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Loyse E. Jacob 719 Lantana, No. 96 Corpus Christi, Texas 78408 (361) 289-0324 Mr. Jacob is a former employee of Koch in Corpus Christi. Dale Janes 122 Crestwood DeQueen, AR 71832 S70-o42-2uo2 Mr. Janes is a former industrial hygienist who was employed by Sun Company and later Koch. G:\5015-00\Discovery\masteifactwit.list.ExB.wpd Page X Jim Cline P.O. Box 2608 Corpus Christi, Texas 78403 Route 1 S untide Road Corpus Christi, Texas 78409 (361)242-8711 Maintenance Manager Jay Poszy P.O Box 2608 Corpus Chrisu, Texas 78403 (512) 242-4713 Support Services Manager Carl Newlin (Address unknown) Corpus Christi, Texas (361) 985-2891 Mr. Newlin is a former employee at the Suntide Refinery. Bill Richardson Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Purchasing Agent J.P. Hoffman Rodi Peliuleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Manager of Operations J. L. Lawrence Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Maintenance Supervisor _ Bill Alkadem Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 < n 1 i; m. 1 IJML" lilk. il i'iM l \ I { u |Ai }Jn-2d Richard Owen Koch Petroleum Group P. O. Box 2608 Corpus Christi, TX 78403 361-241-4811 Purchasing Agent Royce Reeves 7401 Lake Como Corpus Christi, Texas 78413 (361)850-8870 Steve Strasma Marathon Ashland Petroleum LLC 1320 Loop 197 South P.O. Box 1191 Texas City, Texas 77592-1191 Phone: (409)945-2331 Former employee of Koch with knowledge of safety policies. Jesus Chavera c/o of his attorneys, Baron & Budd, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 (214)521-3605 Sam Celum Willis Journeyman Roger Wilkens Melvin Proctor c/o W. Miller Thomas Fairchild, Price 413 Shelbyville Street Center, Texas 75935-1336 936-598-3317 __ Frank Sheldon, Jr. 4950 Post Oak Timber Houston, Texas 77056 (713) 622-7602 G:\5015-00\Discovery\masterfactwit.list.ExB.wpd Page 10 Judith Fritsch Sun Oil Company 1801 Market Street Philadelphia, Pennsylvania Ms. Fritsch is an employee of Sunoco with knowledge of corporate history, sale of Suntide and spinoff of Oryx. G:\50I5-00\Discovei-y\masterfactwit.list.ExB.wpd Page 11 PHILIP WERNER BOARD CERTIFIED IN CIVIL TRIAL AND PERSONAL INJURY TRIAL LA W TEXAS BOARD OF LEGAL SPECIAUZA TION Werner & Kerrigan, l.l.p. ATTORNEYS AT LAW 1300 POST OAK BOULEVARD SUITE 2225 HOUSTON, TEXAS 77056-3014 CERTIFICATE OF WRITTEN DISCOVERY September 13, 2001 TELEPHONE 17131 626-2233 FAX (7131 626-9706 PWERNER@WERNERKERR1GAN.COM Ms. Evelyn Wells Robison Galveston County District Clerk 722 Moody Avenue Galveston, Texas 77550 Re: Cause No. 01-CV-0177; Randall Lloyd Green, et al v. U.S. Gypsum Company, et al\ In the 56th District Court of Galveston County, Texas Dear Ms. Robison: This is to certify that the following discovery materials were served upon Plaintiffs counsel pursuant to the Texas Rules of Civil Procedure: Defendants Sunoco, Inc. (R&M) and Koch Petroleum Group, L.P.'s Rule 194 Disclosures Please file-mark the enclosed copy of this letter and return same to us via the enclosed selfaddressed and postage paid envelope. Yours very truly, WE KERRIGAN, L.L.P. PW:rg cc: Mr. William K. Tapscott, Jr. Baron & Budd 3102 Oak Lawn Ave., Ste. 1100 Dallas, Texas 75219 By Certified Mail, Return Receipt Requested To all known defense counsel by regular mail. G:\5220-33\Letters\cert of disc.Itr 9-13-01.wpd