Document NNEJXqVzxZkRZYRBk9wXoDpeQ

JOSEPH SKELTON, ET AL. VS. CROWN, CORK & SEAL, COMPANY, ET AL. NO. 48-280262-99 IN THE DISTRICT COURT TARRANT COUNTY, TEXAS 48TH JUDICIAL DISTRICT COURT DEFENDANT THE DOW CHEMICAL COMPANY'S DESIGNATIONS OF FACT AND EXPERT WITNESSES AND RULE 194 DISCLOSURES TO: Plaintiff, Joseph Wayne Skelton, by and through their attorneys of record, Mr. David Ritter of Baron & Budd, The Centrum, Suite 1100, 3102 Oak Lawn Avenue, Dallas, Texas 75219. COMES NOW, The Dow Chemical Company, Defendant in the above-numbered cause, and pursuant to the Texas Rules of Civil Procedure, files this its Designations of Fact and Expert Witnesses and Rule 194 Disclosures " ` " Defendant reserves the right to supplement these fact and expert witness lists based upon information obtained in Plaintiffs' depositions and in other discovery materials. A. The correct names of the parties to the lawsuit. ANSWER: Defendant states that its correct name is The Dow Chemical Company. Defendant lacks sufficient information to determine the correct names of the other parties to the lawsuit. B. The name, address, and telephone number of any potential parties. ANSWER: Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 1 Plaintiffs claims are vague and ambiguous at this point, and Defendant does not have enough information to determine if it has any witness statements that would be relevant to this case. Defendant will supplement this response as required by the Rules. J. All medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. ANSWER: Defendant does not possess any such medical records or bills in this action. If such records are obtained, Dow will supplement this response. K. All medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. ANSWER: Defendant has yet to order any of Plaintiffs medical records or bills. If such records are obtained this answer will be supplemented. Respectfully submitted, ABBOTT, SIMSES & KUCHLER By: Lawrence n. addou t i a uu /vdbw; ABBOTT, SIMSES & KUCHLER 400 Lafayette Street, Suite 200 New Orleans, Louisiana 70130 Phone: (504)568-9393 Facsimile: (504) 524-1933 ATTORNEYS FOR DEFENDANT, THE DOW CHEMICAL COMPANY Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 32 Defendant does not have sufficient information about Plaintiffs claims to identify any potential parties to this case at this time. However, since Plaintiff is claiming asbestos related injury any manufacturer of asbestos products to which he was exposed or any premises where he was exposed may be a potential party. C. The legal theories and, in general, the factual bases of your client's claims or defenses. ANSWER: Defendant incorporates by reference its Answer and Affirmative Defenses to Plaintiffs Petition, as well as any subsequent Amended Answers. Plaintiffs claims are vague and ambiguous at this point, and Defendant does not have enough factual information regarding Plaintiffs claims to allow Defendant an opportunity to determine all the factual bases of its defenses. Defendant states that it generally has neither manufactured nor sold asbestos or asbestos-containing products or machinery requiring or calling for the use of asbestos or asbestos-containing products. Defendant states that it did exercise reasonable care to protect Plaintiff from the foreseeable dangers associated with exposure to asbestos. Defendant contends it was not negligent. Defendant states that it has not knowingly agreed, contrived, combined, confederated or conspired with any other Defendants to cause Plaintiffs injuries. Defendant states that it has not aided, abetted, encouraged, induced or directed the negligent or intentional acts of any other Defendants. Defendant contends it did not engage in a pattern or practice of intentional wrongful conduct or malice resulting in injury to Plaintiff. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 2 Defendant contends that it did not engage in oppression, fraud, willfulness, wantonness or malice with regard to Plaintiff. Defendant contends it did not cause Plaintiffs damages, if any. Defendant does not have sufficient information to determine whether or not Plaintiff has contracted an asbestos-related disease. Defendant does not have sufficient information to determine whether or not Plaintiff was ever on Defendant's premises and, if so, if Plaintiff was exposed to asbestos or asbestos-containing products while on Defendant's premises. Defendant contends that Chapter 95 of the Texas Civil Practices and Remedies Code limits its liability for all personal injuries or damages to contractors on Dow's premises unless the premises owner had actual knowledge of the hazardous condition at the time of the injury and exercised control over the contractor's work. In the unlikely event Defendant is found liable to Plaintiff, which liability is expressly denied, Defendant contends that it is entitled to a credit or offset for any and all sums Plaintiff has received or will receive from payments or settlements arising from Plaintiffs claims. Defendant states that in the unlikely event it is held legally responsible to Plaintiff, such responsibility being expressly denied, Defendant invokes the provisions of Chapter 33 of the Texas Civil Practice and Remedies Code. The provisions of this Chapter entitles Defendant to a reduction for the negligence, liability, responsibility or other conduct which is attributable to any other party or settling person or third party. Plaintiff may also be barred from recovery under the provisions of Chapter 33. D. The amount and any method of calculating economic damages. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 3 ANSWER: Defendant is not making a claim for economic damages in the present suit. E. The names, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case. ANSWER: FACT WITNESSES 1. All plaintiffs named in this lawsuit. 2. All medical providers for the plaintiffs, including nurses, physicians, hospitals and custodians of medical records. 3. Any person or entity designated by any other party or any person deposed in this lawsuit. 4. Gary Truver 622 Commerce Street Clute, Texas 77531 (409) 655-7451 Mr. Truver is employed by U. S. Contractors and will testify concerning the relationship of U. S. Contractors and The Dow Chemical Company, as well as U. S. Contractors' responsibility to its employees. 5. Ken McGowen Post Office Drawer 66 Freeport, Texas 77541 (409) 239-2022 Mr. McGowen is employed by the successor to Winway Corporation and will testify concerning the relationship of Winway to The Dow Chemical Company and Winway's responsibility to its employees. 6. Bruce Horvath 1708 Avery Street Parkersburg, West Virginia (304) 428-7325 Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page A Mr. Horvath is a former industrial hygienist employed by The Dow Chemical Company at its Freeport facility and will testify concerning industrial hygiene issues, including those relating to asbestos. 7. Robert Soule 360 Debbie Drive Indiana, Pennsylvania (412) 349-7702 Mr. Soule is a former industrial hygienist employed by The Dow Chemical Company at its Freeport facility and will testify concerning industrial hygiene issues, including those relating to asbestos. 8. Roger L. Daniel H.C.R. 5, Box 574-674 Kerrville, TX 78028 (830) 896-4513 Mr. Daniel is a former industrial hygienist employed by The Dow Chemical Company at its Freeport facility and will testify concerning industrial hygiene issues, including those relating to asbestos. 9. Harold Hoyle 1360 Coronado Terrace Daytona, Florida 32725 Mr. Hoyle is a former industrial hygienist with The Dow Chemical Company in Midland, Michigan and will testify concerning the corporate knowledge of The Dow Chemical Company with regard to asbestos. 10. F. B. Crouch 2141 Riverside West Columbia, Texas (unlisted number, can be reached through counsel for defendant) Mr. Crouch will testify concerning the uses of asbestos in certain areas on the premises of The Dow Chemical Company in Freeport, Texas as it relates to maintenance activities in those areas. He will also provide information regarding Dow's safety practices and policies in general, as well as in relation to the uses and handling of asbestos-containing materials. Mr. Crouch may also testify to the practices adopted by Dow in relation to information received regarding alleged harmful effects of extreme exposure to asbestos. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 5 Mr. Crouch may also provide information regarding contractor and union relations in certain areas at Dow-Freeport, as well as the control that contractor employers maintained over contractor employees working at Dow. 11. M. Gerald Ott, Ph.D. Director of Epidemiology BASF Corporation Parsippany, NJ Dr. Ott is a former Dow biostatistician and epidemiologist who undertook some early reviews of insulators employed by Dow at the Freeport facility comparing their health to a control group of employees. This work was done in the late 1960s and early 1970s. 12. Tim Scott The Dow Chemical Company 2301 Brazosport Blvd. APB Bldg. Freeport, TX 77541 (409) 238-7815 Mr. Scott is the Head of Security and custodian of fingerprint data at Dow. 13. Cheryl Sandlin The Dow Chemical Company *Ms. Sandlin can be reached through the undersigned counsel for The Dow Chemical Company. Ms. Sandlin can testify with respect to the asbestos abatement program at Dow, both historically and in general, up to the year 2000. 14. Richard Nowland Tom Hopkins 6833 Kirbyville Street Houston, TX 77033 (713) 644-1247 Mr. Nowland and/or Mr. Hopkins will testify concerning the records of J. T. Thorpe of Texas and the fact that employees were paid by check and that FICA wages were reported to the federal government as required by law. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 6 15. Mr. Don Fillmore Dow Center Records Center Midland, MI 48674 (517) 636-9431 Mr. Fillmore is the records custodian for The Dow Chemical Company and will testify to facts that will prove up Dow documents as business records 16. Mr. Bob Abrahams 1201 Main Street, Suite 2020 Houston, Texas 77002 (713) 527-0379 Mr. Abrahams is a former employee of B & B Engineering who may testify concerning wages paid to employees including, but not limited to manner of payment and withholding of FICA taxes. 17. Melvin P. Proctor 7515 Rockhill Houston, Texas 77061 (713) 643-1309 Mr. Proctor is a former employee of Thorpe Insulation and knowledgeable about their practices and history. F. EXPERTS: ANSWER: Defendant will provide dates for depositions of all expert witnesses as soon as Plaintiff provides dates for the depositions of the experts he has designated. 1. Mr. Harold Hoyle 1360 Coranado Terrace Daytona, FL 32725 Mr. Hoyle worked as an industrial hygienist at Dow Chemical. He will testify by deposition as to matters concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Mr. Hoyle will testify generally that Dow did not have any indication of asbestos-related disease in any of its employees until the 1970's. He will testify that Dow took reasonable and necessary precautions to protect its employees and was not negligent in its actions towards its employees. He will offer testimony concerning the monitoring that was done of the Dow Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 7 employees that were working in asbestos-related fields, and the fact that monitoring data suggested that all exposures were within existing government and industry exposure limits. No curriculum vitae or bibliography is available. 2. ; Mr. J. LeRoy Balzer 408 Horse Trail Court Walnut Creek, CA 94595 Dr. Balzer has a B.S. Degree in Public Health Microbiology and M.S. Degree in Preventive Medicine/Public Health from the University of California at Los Angeles in 1962 and 1963 respectively. Dr. Balzer earned the Doctor of Philosophy Degree in Environmental Health Science/Industrial Hygiene from the University of California at Berkeley in 1971. From 1963 to 1965, he was employed as an environmental health scientist at the University of California at Berkeley. From 1966 to 1971, Dr. Balzer was employed by the University of California School of Public Health as a research associate and research fellow. In 1966, he became involved in a coordinated research program of occupational medicine, industrial hygiene and education of insulation contractors. This intense study of the construction industry was sponsored through grants from the United States Public Health Service and involved observing the work environment of insulators. Dr. Balzer was a Certified Industrial Hygienist from 1973 until 1987 when he became an Assistant Vice Chancellor at the University of California Health Sciences Campus in San Francisco. He has lectured on occupational/environmental health issues in the United States and internationally. In 1993, Dr. Balzer became a full time consulting industrial hygienist and was appointed an Assistant Clinical Professor, School of Medicine, University of California Health Sciences.. Dr. Balzer is a member of the American Conference of Governmental Industrial Hygienists (Affiliate), American Industrial Hygiene Association and other professional organizations. Dr. Balzer may testify concerning state-of-the-art, industrial hygiene matters, and occupational health issues. He may also testify to any and all other matters, within his knowledge and expertise, which are relevant to this particular case. Dr. Balzer is an industrial hygienist and safety professional and may testify concerning his education, training, and experience, as well as his factual observations and mental impressions and opinions and the basis for them, in the following areas: properties, use of and historical developments Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 8 concerning asbestos and asbestos-containing products; industry practice and standards in general and specifically concerning industrial hygiene and asbestos; historical and developing state of the art of industrial hygiene in general and specifically concerning asbestos; state of knowledge concerning exposure to asbestos and effects thereof at relevant times; the process of establishing, historical development, and significance of maximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similar concepts, in general and specifically with regard to asbestos at relevant times and the reasonableness of reliance upon such established acceptable and safe levels of exposure to asbestos; relevant scientific and medical literature; the reasonably perceived risk, or lack thereof, posed to workers in various occupations from exposure to asbestos products during relevant periods of time; how potential exposure levels from various activities compared to then existing threshold limit values at relevant times; employer's responsibility for employee/worker work site conditions and safety; and the reasonableness of petrochemical premises owner's conduct during relevant periods of time. Dr. Balzer may also testify regarding matters in response to testimony of Plaintiffs' experts. The basis for Dr. Balzer's mental impressions and opinions are his education, training, and experience and his review of pertinent literature. Dr. Balzer is an environmental consultant. He may give testimony regarding the level of fiber release, if any, from gasket and packing products in the occupational setting. He may testify regarding threshold limit values and permissible exposure levels as promulgated by private organizations and governmental agencies. He may testify as to issues involving reentrainment and occupations using products that contained asbestos. He may testify as to the applicability of the OSHA and Environmental Protection Agency's guidelines as they relate to various types of products including gaskets and packings. He may testify as to exposure that may result from the use of other types of asbestos products. A copy of Dr. Balzer's curriculum vitae wifi be provided upon request. 3. Dr. John Craighead 108 Four Winds Road Ferrisburg, Vermont 05456 (802) 425-3480 Dr. Craighead is an M.D. pathologist who will testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. He will also testify concerning his conclusions as to whether Plaintiff(s) has a neoplastic process, and if so, whether such neoplastic process is related to asbestos exposure, based upon his review of available medical records, x-rays and pathology. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 9 The general substance of Dr. Craighead's mental impressions and opinions and a summary of the basis for them are as follows. Dr. Craighead will provide an overview of the history of asbestos utilization in this country for industrial purposes and to relate, in general, the developing concepts regarding its potential role in the causation of disease. The discussion is divided into three units related to the three disease processes attributable to asbestos, or at least some forms of asbestos. Asbestosis: This disease process is a scarring of the lung, which simulates scarring due to a variety of causes, some of which are unknown. Thus, asbestosis in many respects is similar clinically and pathologically to the fibrotic disease of the lung that occurs in persons who have no environmental exposure to dusts. It develops over a protracted period of exposure and in only a small proportion of the numerous individuals who work with the material. We consider asbestosis to be the result of exceedingly heavy exposure to asbestos over an extended period of time. This was the concept that evolved in the early 1900's when asbestos first was used in large amounts in industry. Historically, asbestosis as a disease process was first recognized in 1900 at autopsy. There was little new information in the literature until the mid 1920's when the asbestos bodies that are typical of the disease were described and more detailed microscopic features of the disease were noted by pathologists. In the 1920's andl930's, asbestosis continued to be a disease process associated with heavy and prolonged exposure to asbestos in an era where industrial dust controls were largely lacking. From a historical perspective, the Second World War is noted as a landmark, for during the period of hostilities, asbestos was used widely in all types of ships and war vehicles. Consumption of asbestos in this country increased exponentially and few, if any, serious attempts were made to control its use and the inhalation of the material by workers in the industrial setting. As a consequence of this almost uncontrolled use of asbestos, many cases of asbestosis appeared years after the cessation of hostilities. In the early 1960's, Dr. Irwin Selikoff and his associates documented the industrial occurrence of this disease process, particularly in insulators. It soon became apparent that the major groups affected were insulators and workers in the ship building industry, particularly those employed during the Second World War. Thus, in 1965 when the first significant series of publications relating asbestos to disease in this country were published, asbestosis was considered a disease process limited to industrial groups, such as insulators who had heavy exposure to asbestos. Little consideration was given whatsoever to exposure occurring in outside air environments or when asbestos was used under controlled situations. In addition, there was no concern with respect to asbestos utilization in situations such as brake shoes, plastering material, electric wire, etc. This was the state of understanding Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 10 during the period of time in the 1960's when Dr. Craighead was training in Pathology in Boston, an urban community where significant ship budding activity had occurred during the Second World War. It was only in the 1970's and 80's that concern regarding low levels of asbestos exposure as a cause of asbestosis were voiced by federal agencies. Nonetheless, no definitive epidemiological evidence was available to indicate that asbestosis might be a significant problem for those working with low levels of asbestos or in outside environments. This situation continues today since we continue to recognize asbestosis as being a relatively uncommon condition occurring in individuals whose exposure has been unusually heavy. The list of major industries where asbestosis occurs has grown as we have learned more. We now include individuals who have worked in the asbestos textile industry where the material is readily aerosolized in the working environment and among workers in the mining and milling of asbestos, such as Canadian chrysolite miners and millers. Fortunately, we now are exceedingly cautious in insisting that exposure in these industries is controlled by personal respirator use or industrial controls. Frequently, workers in all types of industries have been shown to exhibit abnormal X-rays, and this, by some, has been falsely interpreted as an asbestos-related disease. Most often, the pulmonary abnormalities in these workers are due to cigarette smoking (fibrosis and emphysema) - the major cause of disability among industrial workers. Lung Cancer: Bronchogenic cancer, a tumor originating from the walls of the airways, is the major cancer occurring in this country among middleaged men today. It has a high fatality rate and often affects men in the prime of their working life. It is not surprising that concern arose as to the role of asbestos in the genesis of lung cancer. The first reports suggesting this possibility were published in the 1930's and many additional cases were observed in which an asbestos worker who smoked developed the cancer. In 1955, Sir Richard Doll established by epidemiological means a statistically significant relationship between asbestosis and the development of lung cancer. It is important to emphasize that the relationship was based on the disease process asbestosis as demonstrated at autopsy. In 1965, Selikoff and his associates demonstrated a high incidence of lung cancer in workers in trades where exposure was heavy. No attempt was made to define whether or not these individuals had asbestosis. No doubt those that were affected with the cancer often did have asbestosis, whereas in others, the cancer was related exclusively to cigarette smoking. This was the state of art when Dr. Craighead and his colleagues undertook studies in the early 1970's to elucidate the role of asbestos in lung cancer. These studies clearly showed that asbestos, in and of itself, was not a carcinogen, but in large amounts, enhanced the effects of the polycyclic aeromatic hydrocarbons and other carcinogens in cigarette smoke. This promoter concept is now well established in the medical literature and relates to the fact that substances such as asbestos, enhance the effects of cigarette smoking but are not the cause of the cancer. Nonetheless, there were epidemiological reports that Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 11 suggested that individuals with no smoking history who were exposed to asbestos develop lung cancer. No doubt, a few of these instances exist, but there is no clear epidemiological evidence to indicate that asbestos was the responsible agent. Establishment of the promoter concept of carcinogenesis with regard to lung cancer and asbestos awaited definitive studies in the mid1980's, the first of which was carried out by Hans Weill and his associates among concrete asbestos workers in New Orleans. These studies and subsequent investigations by Selikoff and his group showed clearly that asbestosis demonstrated radiologically is a necessary precursor for the development of the disease. Asbestosis would appear to be a marker of heavy and prolonged exposure to asbestos as indicated above. The most recent definitive studies by Selikoff and his coworkers which incorporated observations on over 17,000 insulation workers have clearly shown that asbestos exposure in the absence of cigarette smoking cannot be considered a carcinogen. This work was published in abstract form in the late 1980's. In view of these findings, we can consider the lung cancer threat to be limited to those with very heavy and prolonged asbestos exposure in industry, not in those with slight exposure or after outside exposure. Mesothelioma: Mesotheliomas were first described occurring in members of general population in the 1870's, long before asbestos became a commercially usable industrial product. It was exceedingly rare, pathological curiosity. During the Second World War and after the war, occasional cases of mesothelioma were noted in individuals with asbestosis, but an epidemiological association between the disease and exposure to asbestos was not established until 1960 when studies by Wagner and his associates clearly demonstrated that crocidolite asbestos was responsible for the condition among miners and members of the general population in a unique area of South Africa. At that time, Wagner showed that amosite asbestos and chrysolite asbestos played no role in the genesis of the disease in South Africa. Mesotheliomas were next reported in 1965 by Selikoff and his associates among workers heavily exposed to asbestos in the insulation trade. Gradually, additional cases were reported in the medical literature, but few epidemiological studies comprised of large numbers of cases were described. The condition continued to be a sporadically observed cancer occurring among individuals exposed to amphibole asbestos types. A clear relationship of amphibole asbestos with mesothelioma, however, was not established until the mid-1980's when careful epidemiological studies discriminated between exposure to the two different types of asbestos among industrial workers. Mesothelioma was considered to be a sporadic disease even in the late 1970's when Dr. Craighead undertook studies with a committee of experts through a contract with NIOSH. This investigation was an attempt to define the asbestos-associated diseases as carefully as one could for pathological evaluation. Since that time, the reported incidence of mesotheliomas has increased in individuals who were exposed to asbestos many years in Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 12 shipyards or where insulation material was used without careful control of dust. The latency period of many tumors has been demonstrated to be between 30 and 50 years or more. A copy of Dr. Craighead's curriculum vitae will be provided upon request. 4. Patrick N. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, Texas 77030 (713) 791-8787 Dr. Conoley is an M.D. and a "B"-reader, who may testify concerning his review of the radiographs and CT scans of Plaintiffs and/or Plaintiffs' decedent in this case and the significance of various x-ray findings on the radiographs. Acopy of Dr. Conoley's curriculum vitae will be provided upon request. 5. Dr. Frederick M. Toca 2 E. Blackwell Street Dover, NJ 07801 (973) 366-4660 Dr. Toca will testify concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Dr. Toca is an industrial hygienist and safety professional and may testify concerning his education, training, and experience, as well as his factual observations and mental impressions and opinions and the basis for them, in the following areas: properties, use of and historical developments concerning asbestos and asbestos-containing products; industry practice and standards in general and specifically concerning industrial hygiene and asbestos; historical and developing state of the art of industrial hygiene in general and specifically concerning asbestos; state of knowledge concerning exposure to asbestos and effects thereof at relevant times; the process of establishing, historical development, and significance of maximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similar concepts, in general and specifically with regard to asbestos at relevant times and the reasonableness of reliance upon such established acceptable and safe levels of exposure to asbestos; relevant scientific and medical literature; the reasonably perceived risk, or lack thereof, posed to workers in various occupations from exposure to asbestos products during relevant periods of time; how potential exposure levels from Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 13 various activities compared to then existing threshold limit values at relevant times; employer's responsibility for employee/worker work site conditions and safety; and the reasonableness of petrochemical premises owner's conduct during relevant periods of time. Dr. Toca may also testify regarding matters in response to testimony of Plaintiffs' experts. The basis for Dr. Toca's mental impressions and opinions are his education, training, and experience and his review of pertinent literature. A copy of Dr. Toca's curriculum vitae will be provided upon request. 6. Mr. John Spencer Environmental Profile, Inc. 813 Frederick Baltimore, MD 21228 (410)744-0700 Mr. Spencer will offer testimony concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Mr. Spencer will testify that The Dow Chemical Company was not negligent in any respect with respect to its employees or contractor employees. He will testify that reasonable precautions were taken with respect to the handling of asbestos in the facilities and that Dow at all times acted as a reasonably prudent plant owner with respect to asbestos on its premises. This testimony is based on his review testimony of Dow employees, such as Harold Hoyle, and his review of Dow's documents concerning exposures to asbestos on its premises. It will also be based upon his knowledge of state-of-the-art treatment of asbestos in the work place. A copy of Mr. Spencer's curriculum vitae will be provided upon request. 7. Dr. Ralph Cook , RRC Consulting, L.L.C. 1401 Harwood Court Midland, Michigan 48640-2765 (517) 837-9607 Dr. Cook will offer testimony concerning epidemiology studies that were done concerning the Dow Freeport facility. Dr. Cook will testify that the epidemiology studies that were performed concerning the Dow Freeport facility did not indicate any excess of asbestos related illnesses or diseases among the employees. This testimony will be based upon epidemiology work that was done by the epidemiology staff at The Dow Chemical Company. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 14 No curriculum vitae or bibliography is available. 8. Gregory G. Bond, Ph.D. The Dow Chemical Company Midland, Michigan Dr. Bond will offer testimony concerning epidemiology studies that were done concerning the Dow Freeport facility. Dr. Bond will testify that the epidemiology studies that were performed concerning the Dow Freeport facility did not indicate any excess of asbestos related illnesses or diseases among the employees. This testimony will be based upon epidemiology work that was done by the epidemiology staff at The Dow Chemical Company. No curriculum vitae or bibliography is available. 9. John R. Holcomb, M.D. 4410 Medical Dr., Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb may testify concerning Plaintiffs' medical condition and medical causation issues. Dr. Holcomb is a doctor who may perform individual medical examinations on Plaintiff(s). As soon Dr. Holcomb has completed the examination and report regarding each Plaintiff, it will be provided to Plaintiff's counsel. A copy of Dr. Holcomb's curriculum vitae will be provided upon request. * .v 10. Robert Marshall Ross, M.D. 6550 Fannin St., Suite 2403 Houston, Texas 77030 (713) 383-6100 Dr. Ross may testify concerning Plaintiffs' medical condition and medical causation issues. Dr. Ross is a doctor who may perform individual medical examinations on Plaintiff(s). As soon Dr. Ross has completed the examination and report regarding each Plaintiff, it will be provided to Plaintiff's counsel. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 15 A copy of Dr. Ross' curriculum vitae will be provided upon request. 11. Kathryn Ann Hale, M.D. Baylor College of Medicine Pulmonary Section 6550 Fannin St., Suite 1236 Houston, Texas 77030 (713) 790-2076 Dr. Hale may testify concerning Plaintiffs' medical condition and medical causation issues. Dr. Hale is a doctor who may perform individual medical examinations on Plaintiff(s). As soon Dr. Hale has completed the examination and report regarding each Plaintiff, it will be provided to Plaintiffs counsel. A copy of Dr. Hale's curriculum vitae will be provided upon request. 12. Dr. Hans Weill, M.D. Tulane University - School of Medicine 1700 Peridido Street Second Floor New Orleans, Louisiana 70112 Dr. Weill is a pulmonary specialist. Dr. Weill may testify generally about asbestos-related diseases and diseases of the lungs, chest, respiratory system and other organs of the body. He may offer general testimony relating to cigarette smoking, cancer of various organs, cancer risks associated with cigarette smoking, asbestos exposure and other causative factors, and the pathogenesis and diagnosis of disease, including asbestos-related diseases. Dr. Weill may testify as to the various types of asbestos fibers and their role in causation of disease. He may also testify as to state-of-the-art medical as it relates to knowledge of health hazards associated with exposure to asbestoscontaining dust in varying doses and in varying industries, based on his review of asbestos-related literature, and his own experience. Dr. Weill may testify specifically about Plaintiffs' and/or Plaintiffs decedent's specific medical history through review of records, x-rays, or by hypothetical. Dr. Hans Weill 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 Plaintiffs' laryngeal cancer, esophageal cancer and stomach cancer. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 16 He may also testify on whether any asbestos related disease allegedly suffered by Plaintiffs and/or Plaintiff's decedent 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. With respect to particular Plaintiffs, 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 Plaintiffs. Dr. Weill's testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos related disease. No curriculum vitae or bibliography is available. 13. Dr. Darryl Carter Yale University Department of Pathology 310 Cedar Street New Haven, CN 06510 Dr. Carter may 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 mortally 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 incidence 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 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 Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 17 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 may be offered in response to Plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. 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. a. anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; ~ b. the nature of asbestos and asbestosis; c. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; d. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; e. 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; f. methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos-related diseases; g. incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestosic asbestos workers, non-asbestos exposed workers, and with the general population; h. 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; i. cigarette smoking and its effect on the lung and other organs; Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 18 j. the relative danger of this defendant's asbestos-containing products; k. the relationship of cigarette smoking to cancer of the lung and cancers of other sites with references to epidemiological studies and physiologic effect; l. difference between impairment and disability; m. effect of asbestosis, or asbestos exposure without asbestosis, on disability and life expectance; effect of pleural plaques or other pleural manifestations of asbestos exposure on lung functions or life expectance; n. the lack of a relationship between presence of pleural plaques and a later development of any form of cancer; o. cancer incidence in the general population and among asbestos workers and its potential causes; p. the history of evolution and knowledge of asbestos-related diseases; q. 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 of the Plaintiffs and/or Plaintiffs' decedents. 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 oncologic 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. No curriculum vitae or bibliography is available. 14. Phillip Cagle, M.D. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 19 Baylor School of Medicine Dept, of Pathology, Room 286A 1200 Moursund Street Houston, TX Dr. Cagle may be offered by these Defendants as an expert physician, with particular expertise in pathology, in the process of carcinogenesis, as a researcher in the field of asbestos related conditions and their etiology, in the pathologic diagnosis and grading of non-malignant conditions associated with exposure of certain populations to asbestos-containing products and/or materials, and in the epidemiologic and etiologic aspects of certain cancers that are alleged to be causally associated with exposure of certain populations to asbestos containing products and/or materials. Dr. Cagle 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. Cagle 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. Cagle 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. Cagle 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 may 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. Cagle is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations that 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. Cagle is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 20 "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. Cagle'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. Cagle 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. Cagle may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on treatment of asbestos-related disease and the pathological effect of asbestos oh the lung. He may also testify as to the relationship of asbestos exposure and the incidence of cancer. Dr. Cagle is expected to provide testimony in the following areas: a. anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; b. the nature of asbestos and asbestosis; c. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; d. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; e. 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 and other causes of obstructive and restrictive disease or defects of the respiratory system; Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 21 f. methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; g. incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestosic asbestos workers, non-asbestos exposed workers, and with the general population; h. 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; i. cigarette smoking and its effect on the lung and other organs; j. the relative danger of these defendants' asbestos-containing products; k. the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; l. difference between impairment and disability; m. effect of asbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; n. the lack of a relationship between presence of pleural plaques and a later development of any form of cancer; o. cancer incidence in the general population and among asbestos workers and its potential causes; p. the history of evolution and knowledge of asbestos-related diseases; q. the fiber types and exposure levels considered to be substantial in causing asbestos-related disease, specifically mesothelioma. Additionally, Dr. Cagle may testify concerning the diagnosis of Plaintiffs. Dr. Cagle 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 condition 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 Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 22 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 text 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. No curriculum vitae or bibliography is available. 15. Dr. James Crapo National Jewish Center Denver, Colorado : v> Dr. Crapo is board certified in internal medicine with a sub-specialty certification in pulmonary diseases. Dr. Crap practices medicine at the National Jewish Medical Center in Denver, Colorado. Dr. Crapo 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. Crapo is expected to testify as to general medical issues and physiology. Dr. Crapo is expected to testify about alleged occupational exposure - as described by Plaintiffs' witnesses and whether such exposure could be considered a substantial contributing factor to Plaintiffs' alleged disease. Dr. Crapo is expected to testify about the principles of epidemiology and what is involved in an epidemiology 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. Crapo. 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. Crapo is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. Dr. Crapo is expected to testify either live or by deposition concerning Plaintiffs' and/or Plaintiffs' decedent's 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. Crapo 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. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 23 Dr. Crapo is also expected to testify about any matter raised by experts called by the Plaintiffs or Co-Defendants including, but not limited to. Plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Defendants are not aware of all of the areas of testimony or proof that Plaintiffs intends to produce at trial and, therefore, Defendants cannot proffer all expected testimony until they have had the benefit of reviewing all of Plaintiffs' expert's 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. Defendants reserve the right to supplement this statement. A copy of Dr. Crapo's curriculum vitae will be provided upon request. 16. Dr. Gary K. Friedman Texas Occupational Medicine Institute 11757 Katy Freeway, Suite 1540 Houston, Texas 77079 (281) 496-2992 Dr. Friedman is board certified by the American Board of Internal Medicine and the American Board of Preventive.Medicine and Occupational Medicine and practices occupational medicine and pulmonology in Houston, Texas. Dr. Friedman may testify concerning Plaintiffs' medical condition and medical causation issues. Dr. Friedman is a doctor who may perform individual medical examinations on Plaintiff(s). As soon Dr. Friedman has completed the examination and report regarding each Plaintiff, it will be provided to Plaintiffs counsel. A copy of Dr. Friedman's curriculum vitae will be provided upon request. 17. Scott G. Donaldson, M.D. Pulmonary Medicine Consultants 375 Municipal Dr # No-140 Richardson, TX 75080 Dr. Donaldson may testify concerning Plaintiffs' medical condition and medical causation issues. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 24 Dr. Donaldson is a doctor who may perform individual medical examinations on Plaintiff(s). As soon Dr. Donaldson has completed the examination and report regarding each Plaintiff, it will be provided to Plaintiff's counsel. A copy of Dr. Donaldson's curriculum vitae will be provided upon request. 18. Gregory Foster, M.D. Pulmonary Medicine Consultants 375 Municipal Dr # No-140 Richardson, TX 75080 Dr. Foster may testify concerning Plaintiffs' medical condition and medical causation issues. Dr. Foster is a doctor who may perform individual medical examinations on PIaintiff(s). As soon Dr. Foster has completed the examination and report regarding each Plaintiff, it will be provided to Plaintiffs counsel. A copy of Dr. Foster's curriculum vitae will be provided upon request. 19. Peter J. Barrett, M.D. 10 Martin's Lane Hingham, MA 24043 (617) 749-5876 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 is an M.D. and a "B"-reader who may testify concerning his review of the radiographs, CT scans and other records of the Plaintiff and the significance of various x-ray findings on the radiographs of the Plaintiff and whether those radiographs contain abnormalities consistent with an asbestos disease. He may testify based on his review of the x-rays submitted to him, radiographic evidence does not support the finding of a neoplasm in the Plaintiff. Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 25 Dr. Barrett is expected to provide testimony concerning the anatomic structure and functioning of the lung, the defense mechanisms and functioning of the lung, 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. Barrett 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. Dr. Barrett 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. Barrett is further expected to testify concerning the types of asbestos and their association with disease. Dr. Barrett 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 products, and how the effects of tobacco smoke can confound the apparent results of certain epidemiology studies. Dr. Barrett may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and may also testify as to the relationship of asbestos exposure and the incidence of certain types of cancer and that certain types of cancer such as colon cancer are not established as being related to asbestos exposure in the valid medical and scientific literature. He will also provide testimony concerning the significance of asbestos related abnormalities and neoplastic disease, that asbestos related pleural plaques and pleural thickening are not asbestosis and do not ordinarily have an effect on a person's lung function and have no relationship to any type of neoplasm. Dr. Barrett will also testify as to the likelihood of whether a plaintiff will develop an asbestos related malignancy based on the valid medical and scientific literature. Dr. Barrett is also expected to testify concerning the anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; the symptomatology, disease process and diagnosis of asbestosis and certain cancers associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent of an association of obstructive pulmonary disease with asbestos fiber exposure; 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, and other causes of obstructive and restrictive disease or defects of the respiratory system; methods of diagnosis of various diseases, particularly means of Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 26 establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestosic asbestos workers, non-asbestos exposed workers, and with the general population; the relationship of cigarette smoking to cancer of the lung and cancer of the other sites with reference to epidemiological studies and physiologic effect; the difference between impairment and disability; the effect of asbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; and the effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; cancer incidence in the general population and among asbestos workers and its potential causes. A copy of Dr. Barrett's curriculum vitae will be provided upon request. 20. George L. Delclos, M.D. Respiratory Consultants of Houston 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713) 790-6250 (713) 793-1538 (fax) Dr. Delclos may testify concerning Plaintiffs medical condition and medical causation issues. Dr. Delclos is a doctor who may perform an independent medical examination on the Plaintiff. As soon as Dr. Delclos has completed the examination and report regarding the Plaintiff, it will be provided to Plaintiffs counsel. A copy of Dr. Delclos' curriculum vitae will be provided upon request. 21. Dr. Tim Oury Department of Pathology S-707A Scaife Hall 3550 Terrace Street Pittsburgh, PA 15261 412-648-9659 (Phone) 412-383-9594 (Fax) Dr. Oury is an M.D. pathologist who will testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. He will also testify concerning his conclusions as to whether the Plaintiff(s) has a neoplastic process, and if so, Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 27 whether such neoplastic process is related to asbestos exposure, based upon his review of available medical records, x-rays and pathology. Dr. Oury 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. Oury 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. Oury 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. Oury 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 may 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. Oury is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations that 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. Oury is also expected to testify that it cannot besaid, 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 produces) 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. Oury's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 28 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. Oury 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. Oury may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on 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. Dr. Oury is expected to provide testimony in the following areas: a. anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; b. the nature of asbestos and asbestosis; c. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; d. the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; e. 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 and other causes of obstructive and restrictive disease or defects of the respiratory system; f. methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; g. incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestosic asbestos workers, non-asbestos exposed workers, and with the general population; h. 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; Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 29 i. cigarette smoking and its effect on the lung and other organs; j. the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; k. difference between impairment and disability; l. effect of asbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; m. the lack of a relationship between presence of pleural plaques and a later development of any form of cancer; n. cancer incidence in the general population and among asbestos workers and its potential causes; o. the history of evolution and knowledge of asbestos-related diseases;. Additionally, Dr. Oury may testify concerning the diagnosis of the Plaintiff. Dr. Oury 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 condition 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 text 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. A copy of Dr. Oury's curriculum vitae will be provided upon request. 22. Gail D. Stockman, M.D. Ph.D 815 N. 4th Street, Suite A Longview, Texas 75601 (903) 753-0787 Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 30 Dr. Stockman may testify concerning Plaintiffs medical condition and medical causation issues. Dr. Stockman is a doctor performed an independent medical examination on the Plaintiff. Dr. Stockman's report regarding the Plaintiff is attached hereto as Exhibit "A". A copy of Dr. Stockman's curriculum vitae will be provided upon request. The following experts have been designated to testify on behalf of various premises Defendants. Their addresses, curriculum vitae, reports and description of areas of testimony will be provided upon request. The witnesses are as follows: John Pendergrass Frank Weir, Ph.D. Industrial hygiene and safety Toxicologist and industrial hygienist In addition to the above named witnesses, The Dow Chemical Company also designates all other witnesses listed by all other parties as possible witnesses. G. Any discoverable indemnity and insuring agreements. ANSWER: . - .................... -.... Plaintiff has not provided information on when he was allegedly exposed to asbestos containing products on Defendant's premises, which premises were involved or who his employer was at the time of the alleged exposure. This information is necessary before Defendant can identify any indemnity or insuring agreements which may apply to Plaintiffs claims. H. Any discoverable settlement agreements. ANSWER: Defendant has no settlement agreements related to this case. I. Any discoverable witness statements. ANSWER: Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 31 CERTIFICATE OF SERVICE This will certify that a copy of the foregoing document was furnished to all counsel of record on this the 5th. day of February 2002, pursuant to the Texas Rules of Civil Procedure. LAWRENCE E. ABBOTT Defendant The Dow Chemical Company's Disclosures And Designations ofFact and Expert Witnesses Page 33 INDEPENDENT MEDICAL EVALUATION Joseph Skelton SS#: 463-74-6048 DOB: 8-16-47 Date: 1-11-02 PRESENT HISTORY: Mr. Skelton is a 54-year-old white male who has not worked since a back injury in 1991. He reportedly fell down the stairs of his train engine and ruptured two discs in his lower back. He did not have back surgery, but did have some injections"-in his back. He did not return to work after that time and was officially retired from the railroad for medical reasons in 1994. He was diagnosed with hypertension when he presented for his military induction physical at age eighteen. As a result of his severe hypertension, he did not pass his military physical examination. His present blood pressure medications are Zebeta and Monopril. t He was diagnosed with diabetes mellitus in 1995.^ He currently uses insulin twice daily and takes Glucophage and Amaryl. He is status post myocardial infarction about three years ago, treated with quadruple coronary artery bypass grafting surgery. He has hyperlipidemia for which he takes Lipitor. He also takes Paxil for depression that he says started when he was unable to return to work after his back injury. PAST MEDICAL HISTORY: He has a history of obstructive sleep apnea for which he was treated surgically a year and a half ago. He had removal of his uvula, a portion of the hard palate and "tissue from both sides of his neck." He has done well since that time with no further evidence of obstructive sleep apnea. He had a cholecystectomy two to three years ago for symptomatic gallstone disease. He has no other history of hospitalization or surgery. 2 Joseph Skelton SS#: 463-74-6048 FAMILY HISTORY: His father was diabetic and had heart disease. He was killed in a motor vehicle accident at age 68. His mother was diabetic and alcoholic. She died of complications of surgery at age 62. He is the youngest of four siblings. One brother died at age 18 months with meningitis. His living brother and sister are both alcoholics. He has two sons and two daughters, all in good health. SOCIAL HISTORY: He is married and lives with his wife of 35 years. Tobacco: He states that he used to chew cigars but has never smoked. * Alcohol: He drank on occasion prior to his diagnosis with diabetes. He has had no alcohol since that time. OCCUPATIONAL HISTORY: Mr. Skelton graduated high school in 1966. He worked for a few months as a roughneck for an oil drilling company in Palestine. ... He then worked for about eighteen months on a seismograph crew for Sun Oil Company. He then worked for six to seven months as a welder's helper for Brown & Root. After that, he worked for three to four years as a meat cutter in a meat packing company. He then worked for six months for Rierson Steel Company, supervising the loading of boxcars. 3 Joseph Skelton SS#: 463-74-6048 In February 1970, he went to work for the Missouri & Pacific Railroad. He worked for two years as a fireman, and thgn worked as an engineer until his back injury in 1991. He states that he ran a train through the Dow Chemical Plant for four years of that time. He never did repair or maintenance work on diesel engines or train cars. REVIEW OF SYSTEMS: General:. He states that his appetite is good and that he is trying to lose weight because of his diabetes. He states that he lost about 40# following his surgery for obstructive sleep apnea. HEENT: He has been diagnosed with diabetic retinopathy. His hearing is diminished bilaterally. He denies a history of chronic allergies or sinus drainage. * Respiratory: He has noticed shortness of breath with exertion over the past four to five years. He has a dry cough that is worse with exertion. He has never coughed up any blood. He has never had pneumonia or tuberculosis. Cardiovascular: See present history. GI: He has no history of peptic ulcer disease or frequent indigestion. There is no history of gastrointestinal blood loss. He has no history of colon disease. . GU: He has no history of kidney stones or other renal disease. Bone/Joint:. There is no history of joint pain, swelling or erythema. He does complain of chronic low back pain that limits his activity. Neurologic: There is no history of syncope, seizures or stroke. Psychiatric: He traumatic stress retirement. reports that he was diagnosed with postdisorder and depression following his 4 Joseph Skelton SS#: 463-74-6048 PHYSICAL EXAMINATION: General: He is a pleasant, obese white male who appears appropriate for his stated age. Vital signs: Height: 5' 9" Weight: 242# HR: 76, regular RR: 16, unlabored BP: 176/104 HEENT: Eyes: Conjunctiva are normal in appearance. Sclerae are anicteric. Pupils are equal and reactive to light: Oropharynx: There is surgical absence of the uvula and posterior hard palate. There is no sinus drainage in the posterior pharynx. Neck: There are healed surgical scars on the anterior neck. Jugular venous pulses cannot be estimated. Carotid upstrokes are symmetrical without bruits. There are no palpable.masses. The thyroid is not .enlarged. There is no cervical or supraclavicular lymphadenopathy. ) Chest: The A-P diameter is normal. Respiratory excursions are symmetrical bilaterally. Breath sounds are vesicular bilaterally without wheezes, rales, or rhonchi. Cardiac: The heart rhythm is regular. PMI is not displaced. SI and S2 are normal. There are no gallops or murmurs. Abdomen: The abdomen is obese. There is no tenderness to palpation. There are no masses or palpable hepatosplenomegaly. Bowel sounds are active. There are no abdominal bruits. Extremities: There is no clubbing or cyanosis of the fingernail beds. There are healed vein harvest scars extending from the groin to the ankle on the left lower extremity. There is surgical absence of the left great toenail. There is no edema of the lower extremities. Pedal pulses are 3+ bilaterally. CHEST X-RAYS: PA and lateral chest films reveal the cardiac silhouette to be markedly enlarged with a biventricular configuration. The cardio-thoracic ratio is 18:34. Costophrenic angles are sharp bilaterally. There are no pleural plaques. There is no pleural 5 Joseph Skelton SS#: 463-74-6048 thickening. Pulmonary parenchymal markings are within normal limits. There is no bibasilar fibrosis consistent,, with a diagnosis of asbestosis. PULMONARY FUNCTION STUDIES: Flow-volume loops are adequate for interpretation. The FVC is decreased to 68% predicted. FEV1 is 62% predicted. The FEV1/FVC ratio is 73%. Forced expiratory flows are severely decreased at all lung volumes. Following inhaled bronchodilators, there is no improvement in flows or volumes. The SVC is 71% predicted. Total lung capacity is normal at 96% predicted. Residual volume is 153% predicted. Thoracic gas volume is 97% predicted. Lung diffusion, uncorrected for hemoglobin, is normal at 85% predicted. There is marked maldistribution of ventilation as determined by the difference in alveolar volume (4.74 liters) and total lung capacity (6.49 liters). Arterial oxygen saturation measured by pulse oximetry is 96%. . Assessment: There is moderate obstructive airways disease with air trapping. There is no improvement in flows or volumes following inhaled bronchodilators. Lung volumes are normal as is lung diffusion. ASSESSMENT: 1. Mr. Skelton is a middle-aged white male who has been unable to work since a back injury at age 44. 2. He is severely obese with a body mass index of greater than 35. His obesity is a cause or a contributing factor to his hypertension, diabetes, and obstructive sleep apnea. 3. He has a history of hypertension diagnosed when he was a teenager. He continues to have significant elevation of blood pressure despite medications, and states that this is usual for him. 4. He is an insulin-dependent diabetic. 5. He has coronary artery disease and had a myocardial infarction about three years ago, followed by quadruple coronary artery bypass grafting surgery. He has chest xray evidence of hypertensive and ischemic cardiomyopathy. 6 Joseph Skelton . SS#: 463-74-6048 6. He has a history of obstructive sleep apnea, treated ; surgically... ; ^ y.i'./y 7. He has no history of cigarette smoking. 8. There is evidence of moderate obstructive lung disease by pulmonary function testing. Lung volumes and diffusing capacity are within normal limits. 9. There is no evidence of asbestos-related disease. Gail D. Stockman, MD, Ph.D GAIL D. STOCKMAN MD Ph.D 815 N. 4th STREET SUITE A LONGVIEW TX 75601 903*753-0787 Name: Doctor: Tech: SKELTON, JOSEPH GAIL STOCKMAN RON BRYSON CRT RCP ID: 463746048 Height: 69.0 in Weight: 242.0 lbs BSA: 2.24 Age: 54 Sex: Male Diagnosis: IME Dyspnea: After any exertion Cough: Non-productive Wheeze: Frequent Yrs Quit: 0 Pk Yrs: 0 Pks/Day: 0 Yrs Smk: 0 Post-Test Comments: 02 SAT 96%...... GOOD EFFORT Tbco Prod: <None> Date: Room: Race: 1/11/02 LAB Caucasian PRE-BRONCH POST-BRONCH Actual Pred. %Pred. Actual %Pred %Chng SPIROMETRY FVC (L) FEV1 (L) FEV1/FVC (%) FEF 25% (Usee) FEF 50% (Usee) FEF 75% (Usee) FEF 25-75% (Usee) FEF Max (Usee) FIVC (L) FIF 50% (Usee) FIF Max (Usee) MW (Umin) LUNG VOLUMES SVC (L) IC (L) ERV (L) TGV (L) RV (Pleth) (L) TLC (Pleth) (L) RV/TLC (Pleth) (%) DIFFUSION DLCOunc (ml/min/mmHg) DL/VA (ml/min/mmHg/L) VA (L) 3.01 2.20 73 3.99 2.17 0.61 1.66 4.16 3.25 3.85 3.98 84 3.33 3.11 0.23 3.38 3.15 6.49 49 26.21 5.53 4.74 4.40 3.56 81 8.16 5.28 1.69 3.67 8.56 4.88 144 4.71 3.30 1.40 3.47 2.06 6.77 31 30.99 4.58 6.77 68 62 49 41 36 45 49 79 71 94 16 97 153 96 85 70 . .2.60 1.96 75 3.48 1.49 0.20 0.89 3.49 2.87 1.72 .. 1.97 ' 59 55 43 28 12 24 41 35 , -14 -11 3 -13 -31 -68 -46 -16 -12 -55 -50 Name: Doctor: Tech: SKELTON, JOSEPH GAIL STOCKMAN RON BRYSON CRT RCP GAIL D. STOCKMAN MD Ph.D 815 N. 4th STREET SUITE A LONGVIEW TX 75601 903-753-0787 ID: 463746048 Height: 69.0 in Weight: 242.0 lbs BSA: 2.24 Age: 54 Sex: Male Date: Room: Race: 1/11/02 LAB Caucasian