Document N2dxbEx7MaEJMGm8LYBQNybvw

FILE NAME Kerr KR DATE 2021 Apr 4 DOC KR104 DOCUMENT DESCRIPTION Declaration of Plaintiff's Expert Barry Castleman ROGER E. GOLD ESQ SBN 214802 rgold@rgoldlegal.com CECIL B. CRAIN SBN 252780 2 ccrain@rgoldlegal.com MIA MATTIS SBN 191027 3 mmattis@rgoldlegal.com GOLD LAW FIRM 4 555 Montgomery Street Suite 605 5 San Francisco CA 94111 Tel 415 986-1338 6 Fax 415 373-4579 7 TREY JONES SBN 237607 trey@treyjoneslaw.com LAW OFFICE OF H.W. TREY JONES 8 680 South Santa Fe Avenue 9 Los Angeles CA 90021-1315 Tel 310 498-6254 1010 Attorneys for Plaintiffs 11 DAVID SPRINGER et al 1112 1313 SUPERIOR COURT OF CALIFORNIA 1414 COUNTY OF SAN FRANCISCO 15 1615 DAVID SPRINGER and DOROTHY SPRINGER 1717 Plaintiffs 1818 VS. 1919 ASBESTOS COMPANIES et al 2020 Defendants 2121 2222 2323 2424 2525 2626 2727 ASBESTOS Case No 20-276849 ee ee ee DECLARATION OF PLAINTIFF'S ae EXPERT BARRY CASTLEMAN ee Sc OPPOSITION TO ee DEFENDANT KERR ee CORPORATION'S MOTION FOR ee SUMMARY ADJUDICATION ee ee Date April 14 2021 ee Time 9:30 ee Dept 503 ee ee Complaint Filed July 13 2020 a Trial Date May 3 2021 4 2828 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA I BARRY CASTLEMAN DECLARE AND STATE AS FOLLOWS 2 BARCKGROUND AND QUALIFICATIONS 3 1. My name is Barry I. Castleman I live at 4406 Oxford Rd Garrett Park 4 Maryland 20896. My education consists of a Bachelor's Degree in Chemical Engineering from 5 Johns Hopkins University 1968. I have a Master's Degree in Environmental Engineering which 6 was mainly in areas related to air pollution control from Johns Hopkins University 1972. I have 7 a Doctor of Science Degree in Health Policy from Johns Hopkins School of Hygiene and Public 8 Health 1985 9 2. My professional experience goes back almost 50 years in the area of asbestos and 1010 other occupational and environmental health problems My field is occupational and 11 1112 environmental health policy which is a branch of Public Health mainly oriented towards the 1313 recognition of risk factors and the prevention of disease from industrial activities 1414 3. The Doctoral degree was awarded for two years of course work various examinations and the writing of a doctoral dissertation The course work was mainly in the 15 1615 areas of toxicology epidemiology biostatistics physiology and public health policy These are 1717 the tools that are used to understand how the body works and can be damaged by toxic 1818 substances how these effects can be identified by means of various studies of people studies of 1919 animals experimentally exposed and so on 2020 4. My Doctoral thesis was Asbestos An Historical Case Study of Corporate 2121 Response to an Industrial Health Hazard and is largely identical to a book published in 1984 by 2222 Prentice Hall Law and Business called Asbestos Medical and Legal Aspects now in its 5th 2323 Edition 2005 The doctoral thesis is an historical review of the asbestos problem as a public 2424 health problem in society worldwide but mainly in the United States It encompasses a 2525 comprehensive review of medical literature of all kinds as well as other literature available in 2626 libraries and published sources such as government publications safety magazines engineering 280280 280280 2 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA journals trade magazines insurance publications encyclopedias popular magazines and 2 newspapers The doctoral thesis also involved research based on unpublished government 3 records The government records included workers compensation claims files where claims had 4 been made by individuals alleging that they had asbestos diseases of the lungs claims 5 against various companies that were their employers some of which companies were also 6 manufacturers of asbestos insulation products these individuals have used in the course of their 7 work 8 5 In addition to published information of all kinds I examined files unpublished 9 information available from the U.S. government archives the archives of scientists and the 1010 archives of institutions that had worked for and with asbestos companies I also looked at 11 1112 unpublished information which was obtained in legal discovery This included trade association 1313 minutes corporate documents and testimony of corporate officials who were associated with 1414 asbestos hazards over the years -- doctors plant managers executives and other people who 15 were aware of events that transpired 1615 6 In addition to published information and corporate knowledge that came out of 1717 mainly legal discovery I have also interviewed a many influential people in the field of 1818 industrial medicine and hygiene This includes pathologists Harold Stewart who first published 1919 on asbestosis in 1931 and Alfred Angrist who first published on asbestos and lung cancer in 2020 1942. Another Dr. Wilhelm Hueper was a leading United States authority in the field of 2121 occupational cancer and first director of the environmental cancer section of the National Cancer 2222 Institute It also includes Dr. Irving J. Selikoff who was a pulmonologist who was instrumental 2323 in researching asbestos hazards and informing workers about those hazards I also interviewed 2424 Dr. Harriet Hardy Dr. Thomas Mancuso Dr. Gerrit Schepers Dr. Richard Doll and Dr. Morris 2525 Greenberg among many others who made important contributions to the development of 2626 knowledge about the hazards of asbestos 2727 2828 3 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA 7 I have acted as consultant for The National Science Foundation the European 2 Commission the Environmental Defense Fund and the Natural Resources Defense Council I 3 have provided testimony to United States congressional committees concerning the hazards of 4 asbestos and other toxic substances I have also testified before United States congressional 5 committees regarding the development of asbestos knowledge I have been a paid consultant to 6 the Office of Toxic Substances of the United States Environmental Protection Agency and have 7 performed research on environmental asbestos hazards I have performed consulting work for 8 the United States Occupational Safety and Health Administration In my research I have 9 reviewed thousands of publications and documents pertaining to asbestos disease and 1010 have interpreted and related the contents of the same I have published approximately 70 articles 11 1112 as an author or coauthor in medical and scientific journals related to exposure to asbestos and 1313 other toxic substances I have also spoken at conferences worldwide about asbestos hazards 1414 8 I have testified as an expert witness in over two hundred 200 cases throughout 15 the nation on issues related to asbestos state and historical development of asbestos 1615 knowledge 1717 THE BODY OF KNOWLEDGE ABOUT ASBESTOS DISEASES 1818 ASBESTOSIS 1919 9. The originally published reports in the era of the modern asbestos industry came 2020 at just before the turn of the last century and the first reports in the English language were 2121 included in the annual reports of the chief inspector of factories and workshops in Great Britain 2222 The report published in 1899 the report for the year 1898 talked about the observation of lung 2323 disease in individuals who had worked in asbestos manufacturing plants and about the evil 2424 effects of asbestos dust 2525 10 The medical literature of asbestos disease mainly developed after the publication 2626 of a case report in the British Medical Journal by Dr. Cooke a pathologist in Britain in 1924 2727 This was called Fibrosis of the Lungs Due to the Inhalation of Asbestos Dust Dr. Cooke 8888 4 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA reported on the death of a year woman who had worked off and on in asbestos plants 2 from the age of 13. According to Cooke the scarring of her lung tissues was largely attributable 3 to the inhalation of asbestos in the course of her work There followed a number of other reports 4 in British sources and this is reflected as well in the United States in editorials of the Journal of 5 the American Medical Association In one on January 14 1928 called Pulmonary Asbestosis 6 reference is made to Cooke's case and other reports on the disease now called asbestosis The 7 Journal of the American Medical Association recommended that further attention be paid to this 8 disease as it may well be occurring in the United States The Journal of the American Medical 9 Association issued another editorial in 1930 about asbestosis this time noting the asbestosis had 1010 become a compensable occupational disease in Great Britain under the workers compensation 11 law The Journal of the American Medical Association was believed to have been read by 80 1112 percent of American physicians in those years medical historians have written Additionally 1313 there were additional reports of asbestosis published in the British Medical Journal which is in 1414 every medical library I have ever walked into The reports mainly involved deaths of individuals 15 who were verified as having asbestosis by autopsy 1516 11. In 1930 a report was published by a physician Dr. E.R.A. Merewether and an 1717 engineer named C. W. Price Merewether and Price reported a survey that had been conducted 1818 by the Factory Inspectorate in England including 363 asbestos workers who were actively 1919 employed Of these individuals 26 percent were found to have asbestosis Merewether and 2020 Price reported that the people longest exposed had the highest prevalence of the disease 80 2121 2222 2323 2424 2525 2626 280280 280280 percent in workers with 20 years or more in the industry There were no cases of asbestosis in individuals with less than five years and Merewether referred to that phenomenon that the disease was delayed in appearance and developed gradually over a period of years It could in seven years be substantially developed in the most severe cases but more often 11 years or more would elapse before the disease had become largely developed in exposed individuals This is the time from the onset of exposure Merewether urged that workers be educated to a sane 5 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA appreciation of the risk to health posed by asbestos dust Merewether's 1930 writings on 2 asbestosis are among those most often cited in the literature on asbestosis 3 12. By 1932 there were 60 or more publications in print on asbestosis These were 4 noted by way of reference in a bibliography published by the International Labor Organization in 5 1932. These publications continued to emerge from many countries The first cases of 6 asbestosis in the United States were reported in 1930. Asbestosis was also described in an article 7 in the trade magazine Asbestos in the United States in the March 1930 issue amid numerous 8 advertisements from asbestos mining and manufacturing companies 9 13. In 1932 the first case of asbestosis in an asbestos product user was reported at a 1010 conference held by the Industrial Commission of Wisconsin which published their proceedings 11 Here Dr. Albert Russell of the United States Bureau of Mines described an individual who had 1112 worked maintaining the insulations on pipes in a government hospital and had been diagnosed as 1313 having asbestosis and had been compensated by the government for disability sustained from this 1414 asbestos condition This is the first published product user case There were other cases reported 15 in the United States in 1933 by Philip Ellman and also reported by Ellman in 1934 in The British 1516 Journal of Radiology Wood and Gloyne reported in 1934 reported on cases of asbestosis 1717 including a boiler riveter who would have been exposed to asbestos because it was used as an 1818 insulation material on boilers Wood & Gloyne's report was called Pulmonary Asbestosis A 1919 Review of 100 Cases That was published in The Lancet the world's oldest medical journal in 2020 1934. The Lancet is like the British Medical Journal a general medical journal published in 2121 2222 2323 2424 2525 2626 2727 2828 England and available very widely in medical libraries in the speaking world This article was widely cited in subsequent literature Of the hundred cases of asbestosis they reported on the shortest duration of exposure in any case was six months in the case of two women who had worked in an asbestos plant 14 Literature on asbestosis was substantially developed by 1935. The disease was shown to have a distinctive pathological appearance with asbestos bodies types of scarring that would form around the asbestos fibers trapped in the lung tissues This was commented upon a 6 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA great deal by pathologists in the 1920s The disease was shown to have an identifiable 2 radiological appearance on chest ray distinctly different from such diseases as TB and 3 silicosis The disease was also characterized by shortness of breath which would become more 4 pronounced as the individual became more seriously affected by the disease 5 ASBESTOS AND LUNG CANCER 6 15 In 1935 another aspect of the hazard of asbestosis was identified with the 7 publication of medical case reports of asbestosis in combination with lung cancer The first such 8 reports were published by Lynch and Smith in the United States in 1935 in the American Journal 9 of Cancer and by Dr. Gloyne in Great Britain in Tubercle in two separate reports in 1935 and 1010 1936 11 1112 16. In these reports the question was raised that chronic irritation of the lung tissues 13 from asbestos might be producing cancer as well as lung scarring already well identified as an 13 asbestos phenomenon 1414 17 There were additional reports of lung cancer in combination with asbestosis 15 1615 reported by Egbert and Geiger at Yale in 1936 and Nordmann in 1938. An abstract of this last publication appeared in the United States in the Journal of Industrial Hygiene & Toxicology also 1717 in 1938. The article was entitled The Occupational Cancer of Asbestos Workers The German 1818 author Nordmann concluded that asbestosis was definitely related to lung cancer that lung 1919 2020 cancer was in fact an occupational disease of asbestos workers Various features of the six cases Nordmann knew of were tabulated to justify that Nordmann noted among other things that the 2121 prevalence of lung cancer among autopsied victims of asbestosis was one in six both in Germany 2222 and Great Britain This was very much higher that the prevalence of lung cancer in the general 2323 population which tended to be more like 1 percent or several percent at most The high rate of 2424 lung cancer among people dying with asbestosis would be a most consistent finding around the 2525 world 2626 285285 285285 7 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA 18. There were additional publications of cases of lung cancer and asbestosis in 1939 2 in the United States and in 1941 and 1942 in Germany Holleb and Angrist reported in the 3 American Journal of Pathology on two individuals who had been pipe coverers users of asbestos 4 products diagnosed at autopsy as having both asbestosis and lung cancer These were the first 5 cases of cancer and asbestosis in users of asbestos products published in the medical literature 6 Holleb and Angrist tabulated a total of 10 cases of lung cancer in combination with asbestosis 7 that had been published in the United States Britain and Germany 8 19. Of special interest in this case may be the fact that articles linking asbestos and 9 cancer appeared in the Archives ofIndustrial Hygiene and Occupational Medicine in the early 1010 1950s Recently volumes of this journal from 1951 to 1955 were located in the library of Lamar 11 University in Beaumont Texas The March 1952 edition of this journal which was in the Lamar 1112 library contains and article by Dr. Wilhelm Hueper entitled Occupational Cancer Hazards in 1313 American Industries In the article Dr. Hueper discusses the excessive incidence of lung cancer 1414 associated with asbestosis in a series of 235 documented cases of asbestosis 15 20. Dr. Wilhelm Hueper is an important figure in the history of the knowledge of 1516 occupational cancer and in the development of the knowledge of asbestos hazards In 1942 Dr. 1717 Hueper published a book on occupational cancer called Occupational Tumors and Allied 1818 Diseases nearly 900 pages long It included a lengthy section on asbestosis and cancer from 1919 asbestos in which a large number of references from the United States Great Britain and 2020 Germany were cited in support of the view that asbestos most likely did cause occupational 2121 cancer Dr. Hueper made unequivocal statements the next year in the article called Cancer in 2222 its Relation to Occupational and Environment published in the Bulletin of the American Society 2323 for the Control of Cancer There Hueper said that asbestosis cancer of the lung as he called it 2424 then was the newest proved occupational cancer of the lung to be listed with the ones that were 2525 already known at that time In the Journal of the American Medical Association JAMA there 2626 appeared an editorial called Environmental Cancer in 1944 in which asbestos was listed 2727 2828 among agents known and suspected of causing occupational cancer 8 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA 21 In 1946 Dr. Hueper also published an article in the Journal of the American 2 Medical Association JAMA discussing asbestos and other causing substances that were 3 used in industry In 1944 and 1949 at the invitation of the editors of JAMA Dr. Hueper wrote 4 editorials for JAMA that discussed asbestos as a cause of lung cancer Beginning in 1948 Dr. 5 Hueper became Chief of the Environmental Cancer Section of the National Cancer Institute 6 NCI 7 22. In 1946 Dr. Hueper also published an article in the Journal of the American 8 Medical Association JAMA discussing asbestos and other causing substances that were 9 used in industry In 1944 and 1949 at the invitation of the editors of JAMA Dr. Hueper wrote 1010 editorials for JAMA that discussed asbestos as a cause of lung cancer Beginning in 1948 Dr. 11 Hueper became Chief of the Environmental Cancer Section of the National Cancer Institute 1212 NCI 1313 23. In my opinion during his tenure at the NCI Dr. Hueper was the federal 1414 government's leading official concerned with environmental cancer Indeed it is my opinion 15 that he was considered by many to be the world's foremost authority on environmental cancer in 1615 the 1940s 50s and 60s 1717 1818 1919 2020 ASBESTOS AND MESOTHELIOMA 24. The disease mesothelioma of the pleura was attributed to exposure to asbestos or asbestosis starting in 1943 with the report of Dr. H.W. Wedler in Heidelberg Between 1943 and 1960 there were additional reports in the German literature as well as British literature The 2121 case reports that appeared prior to 1960 are annotated and cited by way of reference in Chapter 2 2222 table 5 of my book Dr. Wedler was the first to state that he believed the pleural cancers were 2323 occupational cancers and his work was prominently cited in the United States in the 1940s 2424 Other German pathologists starting with Leicher in 1954 would identify peritoneal mesothelioma 2525 as an asbestos disease 2626 25. Of special note is the study by Dr. H.B.Eisenstadt and Dr. F.W.Wilson in the 289289 289289 Journal in 1960. Dr. Wilson was a medical doctor employed by Texaco at their Port 9 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA Arthur facility The study reported on two mesothelioma cases among Port Arthur refinery 2 workers one of whom had asbestosis The report noted that the etiologic association of 3 asbestos and mesothelioma has been repeatedly discussed in the literature citing references 4 from the US the Netherlands Germany and Italy It did note that not all investigators agreed 5 that asbestos predisposed to the very uncommon malignancy of the pleura but that the patient's 6 history of asbestos exposure alerted the suspicion of the authors in the second case 7 26. A major report of pleural mesothelioma came from South Africa by Wagner and 8 his coworkers published in the British Journal ofIndustrial Medicine in 1960. Within a very 9 short time it was widely accepted that asbestos did cause mesothelioma that levels of asbestos 1010 exposure present from environmental exposure as well as occupational exposure were sufficient 11 to cause mesothelioma 1112 27 In 1964 Dr. Irving Selikoff and his coworkers published a mortality study in 1313 JAMA showing that there was a substantial excess of occupational cancer and deaths from 1414 asbestosis among people involved in the insulating trades A group of workers who installed 15 1615 1717 1818 1919 2020 insulation and removed it regularly was found to have 45 deaths from pulmonary cancer in a group where only six or seven such deaths would have been expected There were four deaths from peritoneal and pleural mesothelioma in this cohort and this was described as a very rare disease and a substantial excess over what would have been expected There were also 12 deaths from asbestosis in this work force The study also noted that the symptoms of these disease might not become manifest until decades after the exposures 2121 28 Subsequently later in 1964 at an international conference held in New York and 2222 published in 1965 Selikoff and coworkers reported that around 80 percent of the people who 2323 were in the insulating trade had developed asbestosis by the time they had been in trade for 20 or 2424 30 years or more At the conference in New York British researchers Newhouse and Thompson 2525 presented a report on 76 deceased mesothelioma patients and an equal number of controls 2626 based on interviews with relatives Their report showed strong evidence that mesothelioma 2727 2828 patients were far more likely to have had occupational household or neighborhood exposure to 10 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA asbestos than the comparison patients who died from other causes at the same hospital Dr. 2 Selikoff's findings were widely reported in the newspapers throughout the country in the 1960's 3 KNOWLEDGE OF ASESTOS HAZARDS IN THE DENTAL INDUSTRY 4 29 As forth above there was ample general scientific and medical literature and 5 and it was well known during the 1960's that asbestos could cause diseases including asbestosis 6 lung cancer and mesothelioma In 1960 it was unequivocally established in the asbestos caused 7 mesothelioma Wagner Diffuse Pleural Mesothelioma and Asbestos Exposure in The North 8 Western Cape Province Brit J. industr.Med 1960 260-271 The Mt. Sinai studies by 9 Professor Irving Selikoff and scientists from around the world established at a day conference 1010 in New York in 1964 established that persons diagnosed with mesothelioma had occupational 11 1112 household and neighborhood exposure to asbestos Castleman Asbestos 5th 13 30. | medical profession in addition to the general knowledge of asbestos hazards 13 available to the dental industry the hazards of asbestos specific to dental products was reported 1414 as early as 1967 15 1615 31 In 1967 a peer reviewed article published in 1967 in the British Dental Journal was titled The Possible Adverse Effects of Asbestos in Gingivectomy Packs This article 1717 discussed the potential hazards of asbestos in dental products and specifically mentioned 1818 asbestosis lung cancer and mesothelioma as risks of exposure to asbestos The publication 1919 recommended that this particular dental product asbestos gingivectomy packs be discontinued 2020 because of the hazards posed to dentists working with them 2121 32. In April of 1976 the Journal of the American Dental Association published an 2222 article titled Hazards of Asbestos in Dentistry and a letter presenting added details The article 2323 discussed the known hazards of asbestos which include the relationship between asbestos 2424 exposure and the development of pulmonary asbestosis and fibrosis lung cancer and pleural and 2525 peritoneal mesotheliomas It describes the particular hazard from work with asbestos used to 2626 line casting rings or crucibles for casting machines and in general is kept in the laboratory in 280280 280280 11 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA large rolls Here the danger lies in the tendency for personnel to carelessly cut sections off these 2 rolls and thus release asbestos into the ambient air 3 33. Experts at the National Institute for Occupational Safety and Health replied to the 4 JADA article on asbestos urging that the ADA councils on dental practice take more aggressive 5 steps to educate the dental profession about the carcinogenicity of asbestos They concluded 6 Leadership and appropriate measures should be taken to assure that dental students instructors 7 and patients are not likewise at increased health risk resulting from dental laboratory or clinical 8 exposure to asbestos P Infante and R Lemen Asbestos in Dentistry JADA 93 221-222 9 Aug. 1976 1010 34 In 1981 an article was published containing measurements of air concentrations 1111 of asbestos in dental workplaces D Brune and H Beltesbrekke Levels of Methyl Methacrylate 12 formaldehyde and asbestos in dental workroom air Scandinavian Journal of Dental Research 1313 113-116 1981 Fig 4 presents the number of asbestos fibers in breathing air released 1414 during dismantling molds In two experiments values of 21 and 27 cc were measured during 1515 the dismantling procedure It was noted that the dismantling procedure may account for 5 16 minutes whereupon exposures would decline to less than 2 cc in 10 more minutes This shows 1717 that worker exposures could exceed the ceiling limit in the 1972 OSHA asbestos standard of 10 1818 cc for 15 minutes 150 min -- from 5 minutes at 25 cc 125 min and then 10 more 1919 minutes averaging 2.5 cc 25 min 2020 2121 ASBESTOS KNOWLEDGE THROUGH THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2222 2323 2424 2525 2626 2727 2828 35 Congress established the Occupational Safety and Health Administration OSHA under the Occupational Safety and Health Act which was signed into law by President Richard M. Nixon on December 29 1970. The passage of this act was reported in the news media OSHA's emergency temporary standard for asbestos in 1971 and its asbestos standard in 1972 were both published in the Federal Register The 1972 OSHA rule included a 12 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA preamble discussing the hazards of asbestos which include its ability to cause asbestosis lung 2 cancer and mesothelioma It informed employers that the lives of their employees are at risk 3 The OSHA asbestos regulations required employers to control asbestos exposures to their 4 employees through warnings industrial hygiene controls like ventilation local exhaust and wet 5 down methods prohibiting practices known to cause asbestos exposures like the dry sweeping of 6 dust that includes asbestos and the use of respiratory protection 7 KERR CORPORATION'S KNOWLEDGE OF ASBESTOS HAZARDS 8 36 have reviewed pertinent portions deposition testimony of Kerr Corporation's 9 Lawrence Girling who testified in this matter on January 29 2021. Mr. Girling started at Kerr 1010 Corporation in 1967 retired as Vice President of Manufacturing in 2003 was involve in the 1211 purchase of strip asbestos sold by Kerr Corporation and was also involved in Kerr's efforts to 12 discontinue the use of strip asbestos Kerr Corporation admits it sold strip asbestos used to line 1313 casting rings or crucibles from 1959 until at least 1979. Kerr Corporation received the April 1414 1976 Journal of the American Dental Association article titled Hazards of Asbestos in 1515 Dentistry Mr. Girling testified that the article was presented at a management meeting he 16 attended at Kerr Corporation in 1976 1717 37. | major supplier of dental products and equipment Kerr would have been 1818 aware of publications in dental journals concerning asbestos hazards The first such article was 1919 published in 1967 in the British Dental Journal titled The Possible Adverse Effects of Asbestos 2020 in Gingivectomy Packs This article discussed the potential hazards of asbestos in dental 2121 products and specifically mentioned asbestosis lung cancer and mesothelioma as risks of 2222 exposure to asbestos The publication recommended that this particular dental product asbestos 2323 gingivectomy packs be discontinued because of the hazards posed to dentists working with 2424 them 2525 38. In 1976 the Journal of the American Dental Association published an article 2626 titled Hazards of Asbestos in Dentistry that specifically mentioned the hazards of asbestos 289289 289289 13 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA casting ring tape a product sold by Kerr 2 39 Kerr and its officers and directors were certainly aware of this publication as the 3 company advertised its products in it during the 1960's and 1970's 4 40 Kerr did not provide warnings or recall its asbestos containing products 5 41 Regulations like the OSHA asbestos standard are published in the Federal 6 Register to provide notice to employers like Kerr who are impacted by the regulation As an 7 employer whose business included the sale of asbestos products OSHA's asbestos regulations 8 applied to Kerr The OSHA's emergency asbestos standard published in 1971 and asbestos 9 standard published in 1972 also put Kerr on notice of the hazards of asbestos Mr. Lawrence 1010 Girling who started at Kerr Corporation in 1967 and retired as Vice President of Manufacturing 1111 testified that Ken Kovac Vice President of Quality Assurance at Kerr Corporation monitored 12 the Federal Register in the 1970's Mr. Girling confirmed that Kerr Corporation was familiar 1313 with OSHA knew that OSHA came out in 1972 and that Kerr worked with OSHA 1414 42 Thus based on the above I can opine that Kerr Corporation by and through its 1515 officers and directors had actual knowledge of the hazards of asbestos as early as 1972 and more 16 likely than not had knowledge of the hazards of asbestos as early as 1967 1717 I declare under penalty of perjury under the laws of the State of California that the 1818 foregoing is true and correct Executed this day of April 2021 in Garrett Park Maryland 1919 BARRY I. CASTLEMAN Sc.D. 2020 2222422224 2222422224 2222422224 2222422224 2525 2626 2727 2828 14 DEC OF BARRY CASTLEMAN Sc.D. ISO PLAINTIFF'S OPP TO DEFENDANT KERR's MSA