Document N2jj1vGk5qEzKbRyzy2RYwr3V

FRANK C. HOSINSKI, ET AL. VS. OWENS CORNING, ET AL. NO. 97-09313-H IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 160TH JUDICIAL DISTRICT DEFENDANT E. I. DUPONT DE NEMOURS AND COMPANY'S DESIGNATION OF EXPERT WITNESSES Pursuant to this Honorable Court's Uniform Scheduling Order entered on March 14,2001, E. I. du Pont de Nemours and Company hereby designates the following experts. E. I. du Pont de Nemours and Company expressly reserves the right to amend and supplement these expert designations. If the current Uniform Scheduling Order is amended or a new Uniform Scheduling Order is entered, DuPont expressly reserves the right to amend and supplement in accordance with the requirements of the new or amended Order. 1. Morton Corn. Ph.D. Department of Environmental Health Sciences The Johns Hopkins University 615 North Wolfe Street, Room 6010 Baltimore, Maryland 21205 (410) 955-3602 (410) 955-9334 facsimile Dr. Morton Com is a professor emeritus with the Johns Hopkins University's Department of Environmental Health Sciences in Baltimore. He is currently Director, National Institute of Occupational Safety and Health (NIOSH) Educational Resource Center in Occupational Safety and Health for Training Physicians, Nurses, Hygienists and Safety Professionals, and Director, Division of Environmental Health Engineering. Dr. Corn is an industrial hygienistwith long-standing experience in addressing asbestosrelated issues from the perspective of an industrial hygienist and government regulator. He received his Ph.D. degree in Industrial Hygiene and Sanitary Engineering from Harvard University's Division of Engineering and Applied Physics in 1961. He served as Assistant Secretary of Labor for the Defendant E. l.du Pont de Nemours and Company's Designation ofExpert Witnesses - Page / IHWHpM imm Occupational Safety and Health Administration ("OSHA") from 1975 to 1977 during the Ford Administration. Dr. Com may testify concerning the following subjects: (a) the uses and characteristics of asbestos and asbestos-containing products; (b) the development of industrial hygiene and occupational safety and health in the United States; (c) the evolution of knowledge in the industrial hygiene community concerning the potential health hazards associated with exposure to dust and asbestos; (d) the characteristics of asbestos dust and fibers and measurements of airborne concentrations of asbestos dust and fibers; (e) standards, guidelines, procedures and practices relating to the control of potential exposure to dust and asbestos dust; (f) exposure assessment and associated exposures for non-asbestos workers and the general public; (g) DuPont's industrial hygiene practices and procedures; and (h) DuPont's practices, programs and procedures for the health and safety of its employees. Dr. Com is expected to address these subjects in a general context, and also as they relate to DuPont. Dr. Corn is expected to discuss the specific factual allegations by plaintiffs regarding conditions, procedures, and practices at DuPont. Dr. Corn's testimony is based upon (1) his extensive experience and training in the fields of industrial hygiene and occupational health and safety, (2) knowledge of relevant literature, (3) review of documents, discovery, and testimony regarding plaintiffs' allegations, (4) review of relevant DuPont documents; and (5) review of the record in this case. 2. Richard J. Lee. Ph.D. _ RJ Lee Group 350 Hochberg Road Monroeville, Pennsylvania 15146 (724)325-1776 Dr. Richard J. Lee is President of the RJ Lee Group, Inc., a consulting firm and analytic laboratory in Pittsburgh. Prior to his affiliation with the RJ Lee Group, Dr. Lee was head ofthe U.S. Steel Technical Center's Electron Microscopy and Surface Analysis Section for 12 years. He is a theoretical physicist by training, and received his Ph.D. degree from Colorado State University. Dr. Lee was a member of the Health Effects Institute's Literature Review Panel on Asbestos in Buildings, commissioned by Congress. He has also performed work for the EPA and served on various EPA panels and committees regarding asbestos issues. He has also performed investigations of naturally occurring asbestos and other minerals and methods for detection and identification of such minerals. This has included analysis of bulk, air, water, soil and dust samples. The subject matters on which Dr. Lee may testify include: (a) the history of the guidelines and standards governing exposure to asbestos; (b) the development of scientific knowledge regarding the measurement of asbestos in the air; (c) the aerodynamics of fibers; (d) exposure levels of various activities in the workplace and in public, commercial and private residences including relevant DuPont facilities; (e) analysis and production of bodies of air sampling data for the Environmental Protection Agency and other governmental and private entities regarding naturally occurring forms Defendant E. /. du Pont de Nemours and Company's Designation ofExpert Witnesses - Page 2 _ of asbestos in the environment; (f) the release of asbestos from clothing; and (g) the results of experiments conducted by himself and others. Dr. Lee is expected to testify based on (1) his extensive experience and training, (2) knowledge of relevant literature and data, (3) review of documents, discovery, and testimony regarding the plaintiffs' allegations, and (4) review of relevant DuPont documents. 3. James M. Crapo. M.D. Chairman, Department of Medicine National Jewish Medical and Research Center 1400 Jackson Street : Denver, Colorado 80206C (303)398-1436 " Dr. Crapo is a physician specializing in pulmonary medicine. He is Chairman of the Department of Medicine at the National Jewish Medical and Research Center in Denver, Colorado. He is a former Professor of Medicine and Professor of Experimental Pathology at Duke University Medical Center. Dr. Crapo has carried out extensive research into the mechanisms of pulmonary disease resulting from the inhalation of particulates, including the processes associated with asbestos-related disease. Dr. Crapo is expected to testify generally about the reactions of the lungs to inhaled particulates and foreign substances in both industrial and non-industrial environments. Dr. Crapo is expected to discuss, in particular, the biological effects of exposure to asbestos dust, and the etiology of asbestos-related disease. Dr. Crapo is expected to testify that the risk of asbestos-related lung disease is related to dose, and will provide his opinions regarding the levels of asbestos exposure necessary to produce disease. He may also testify concerning his asbestos-related studies and publications as well as other literature and studies related to asbestos-related diseases. Dr. Crapo may also review the x-rays and other medical records of plaintiffs and render opinions regarding the presence or absence of asbestos-related abnormalities in plaintiffs' lungs. Dr. Crapo is expected to describe the diagnostic criteria and methods used in the diagnosis of asbestosis and other asbestos-related conditions. Dr. Crapo may critique the diagnostic reports ofthe plaintiffs' experts as they relate to plaintiffs' alleged conditions. Dr. Crapo may render opinions regarding the probable cause or causes of plaintiffs' conditions. 4. Dr. Bruce W. Karrh _ 7 Blackhawk Trail Savannah, Georgia 31411 (912) 598-8992 ____ Defendant E. I. du Pont de Nemours and CompanyIs Designation ofExpert Witnesses - Page 3 _: Dr. Bruce W. Karrh was the Vice President for Integrated Health Care for DuPont from 1993 until 1996 when he retired. Dr. Karrh received a Bachelor of Science degree in Chemistry from the University of Alabama at Tuscaloosa in 1958 and a Medical degree from the Medical College of Alabama in Birmingham in 1962. He entered the United States Army and performed a rotating internship in 1963 at Brooke General Hospital, Fort Sam Houston, Texas. From 1963 to 1965, Dr. Karrh was a flight surgeon in the U.S. Army medical corps, and from 1965 to 1970, he was in private practice in Athens, Alabama. In 1970, Dr. Karrh became the Medical Supervisor for DuPont's Spruance Plant where he remained until 1973. At that time he became the Research Manager of the Environmental Sciences Group at Haskell Laboratory until 1974. DuPont then appointed Dr. Karrh Assistant Medical Director and then Medical Director in 1977. In 1983, Dr. Karrh was named General Director, Medical, Safety and Fire Protection for DuPont. He was then named Vice President for Safety, Health and Environmental Affairs in 1984 - a position he held until 1993. Dr. Karrh was a long-standing DuPont employee experienced in addressing health and safetyrelated topics and issues at DuPont. As part of his duties at DuPont, Dr. Karrh gained knowledge, both historical and current, regarding DuPont's history ofand practices regarding safety throughout the company. In the course ofhis duties, Dr. Karrh became familiar with the history of and practices regarding DuPont's approach to workers' safety and health issues involving exposure to dust and asbestos dust. Much of Dr. Karrh's testimony will be fact testimony; however, he may express opinions in some areas that may be considered expert opinions. Out of an abundance of caution, DuPont is designating Dr. Karrh as an expert because he may be asked to provide such opinions. Dr. Karrh may testify concerning the following subjects: (a) DuPont's history of providing for health and safety of its employees; (b) policies, procedures and programs for the health and safety of workers including those addressing dust and asbestos dust; (c) medical screening, monitoring and surveillance of DuPont employees; and (d) evolution and understanding of potential health hazards posed by exposures of workers to dust and asbestos dust. Additional Expert Designations Plaintiffs have not provided adequate information about their alleged diseases, current medical conditions, and testifying experts to allow DuPont to determine which additional experts it may need in this case. Plaintiffs have generically designated 62 experts but have not provided reports from any of their experts regarding what opinions, if any, they may assert with respect to DuPont or any of plaintiffs' claims against DuPont. As recognized by the Texas Rules on discovery and expert designations, DuPont is not in a position to make more extensive expert designations under these circumstances. To require a party to retain and designate experts without the benefit of this essential information puts the party to an undue burden and unnecessary expense. DuPont will amend or supplement this designation, if necessary, after adequate information is provided with respect to plaintiffs' testifying experts. Defendant E. I. du Pont de Nemours and Company's Designation ofExpert Witnesses - Page 4 5. It is anticipated that a radiologist with specialized training and experience in "B" Readings will be necessary to review, interpret and render opinions regarding x-rays of plaintiffs. This expert is expected to testify generally about presentations seen on x-rays and to explain the presentation that is seen. It is also anticipated that this expert would testify specifically about the findings seen on plaintiffs' x-ray films and is anticipated to render an opinion regarding the absence or presence of the findings of any asbestos-related condition of the lung. 6. It is further anticipated that another pulmonologist will be designated to discuss the physical condition of the individual plaintiffs and also to discuss plaintiffs' medical records. This expert is also expected to discuss the anatomy and function of the respiratory system in the human body. This expert is expected to discuss the nature of asbestos, the symptomatology, disease process and diagnosis of asbestosis, as well as cancers associated with the respiratory and related systems. It is also anticipated that this expert will testify regarding the methods of diagnosis of alleged asbestos- related diseases as compared to other non-asbestos related diseases. It is anticipated that this expert will also discuss historical and/or medical literature pertaining to asbestos-related conditions and other diseases of the respiratory and related systems. 7. To the extent any experts designated by other parties are allowed to testify at the trial in this matter, DuPont hereby cross-designates all experts listed by all parties. Respectfully submitted, Dennis M. Conrad State Bar No. 04706400 S. Jan Hueber State Bar No. 20331150 Kirkley Schmidt & Cotten, L.L.P. 2700 City Center II 301 Commerce Street Fort Worth, Texas 76102-4127 (817)338-4500 (817) 335-4599 Fax Attorneys for Defendant E. I. du Pont de Nemours and Company Defendant E. I. du Pont de Nemours and Company's Designation ofExpert Witnesses - Page 5 - CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant E. I. du Pont de Nemours and Company's Designation of Expert Witnesses was served on plaintiffs' counsel by certified mail, return receipt requested, and that a copy of this instrument was also served on all other known counsel by regular mail on this the day of June, 2001. Defendant E. I. du Pont de Nemours and Company's Designation ofExpert Witnesses - Page 6