Document e7BEXRVODk31Eg95Q7E3bnyOm

IGNACIO SERAFIN vs. OWENS-CORNING, ET AL 2000-757 IN THE COUNTY COURT AT LAW NO. 3 EL PASO COUNTY, TEXAS CHEVRON U.S.A. INC.'S SUPPLEMENTAL RESPONSE REQUEST FOR DISCLOSURE TO: INGACIO SERAFIN, by and through his attorney of record, Stephanie Finch, BARON & BUDD, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281. COMES NOW CHEVRON U.S.A. INC., one ofthe Defendants in the above entitled and numbered cause, responds to Disclosure as to Plaintiff, Ignacio Serafin, pursuant to Tex.R.Civ.P. 194.2. f. In addition to Defendant's Answers to Plaintiffs' Master Set of Interrogatories filed In re: All asbestos-Related Cases Filed by Baron & Budd, P.C. or to be Filed by Baron & Budd, P. C. in El Paso, County, Texas, the following expert witnesses are herein designated: Robert M. Ross, M.D., FCCP 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713)383-6100 Dr. Ross is a specialist in the area of respiratory diseases. Dr. Ross may testify as to all matters pertaining to his examination ofplaintiffand/or review ofplaintiff s medical records, x-rays, and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiff or plaintiffs family members; the diagnostic criteria used to diagnose asbestosrelated diseases; his opinions as to whether plaintiffsuffers from asbestos-related disease and the basis of such opinions; plaintiffs medical conditions; his prognosis with regard to such medical conditions; and, if applicable, his opinions as to the cause of death. Dr. Ross may also testify about general medical issues with emphasis on the respiratory system and the effect that asbestos and other substances have on human health generally and with respect to plaintiff specifically. Dr. Ross may testify concerning his examination and diagnosis of the physical condition ofplaintiff and the relationship, if any, of such condition ofplaintiffs exposure, if any, to asbestos. Dr. Ross may also testify regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer ofthe respiratory systems, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos fiber and the effect ofexposure to substances other than asbestos in the development and manifestation ofdiseases ofthe respiratory system; the methods ofdiagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestosrelated diseases; the incidence oflung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect ofasbestosis on disability and life expectancy; the lack of relationship between pleural plaques and development of any cancer; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community's awareness of the increased risks for an asbestos-related disease in cases of prolonged exposure. In addition, Dr. Ross may testify about issues relevant to a Dauber/Havner/Robinson Analysis. A copy of Dr. Ross's CV and his report on Plaintiff are attached. Arthur A. Cohen, M.D. Curie Medical Building 1733 Currie Drive, Suite 309 El Paso, Texas 79902 (915)533-9388 Dr. Cohen is a specialist in the area of respiratory diseases. Dr. Cohen may testify as to all matters pertaining to his examination ofplaintiffand/or review ofplaintiffs medical records, x-rays, and reports and supplemental reports ofplaintiffs experts; any communications with plaintiff or plaintiffs family members; the diagnostic criteria used to diagnose asbestosrelated diseases; his opinions as to whether plaintiffsuffers from asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis of Plaintiff. Dr. Cohen is expected to testify that Plaintiffs lung condition is not impaired and that Plaintiffs pulmonary function studies are normal. A copy of Dr. Cohen's CV and report on Plaintiff are attached. Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. 14th Floor, San Jacinto Building Beaumont, Texas 77701-3255 (409)981-1000 (409)981-1010 Facsimile ATTORNEYS FOR DEFENDANT, CHEVRON U.S.A. INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe above.and foregoing Chevron U.S.A. Inc.'s Supplemental Response to Disclosure has been send to Plaintiffs counsel by certified mail and to all other counsel of record by regular mail on this the 23th day of April, 2001. (UvSSpffl Ftow-SCOTT HULSE LAW FIRM ARTHUR A- COHEN, M.D detoura Ao^ncM (town <4 MHOa lepton*, BmhI sfPMPMwv 0W* Diagnosis and Treatraitast at Diseases of the Chest July 25, 2000 9155468333 T-089 P. 062/003 F-299 Cunt Btfdng 1733 Curt* Dr., Sutta 309 0 Pm, T*sa 79903 {915) 533-9388 FAX 52;M07S Scott Hulse 201 E. Main #1100 ' PO Box 99123 El Paso, TX 79999-9123 Be: Ignacio seraxtn Dear Mr. Alley: Ignacio Serafin was seen at your request, 7-21-00. Chest roentgenogram was reviewed, lung functions reviewed, history taken, and physical examination was performed. This 63 year old man worked for a variety of companies as a labored, beginning in 1961. '. His: first company was Briner, where he cleaned and repaired pipes. He states that he would replace installation, asbestos, and perhaps used an asbestos paste. After that, he worked for various contractors. He worked at theChevron Refinery, ASARCO. He worked as a pipe-fitter and doing insulation. He states that at times the work was rather dusty, and at no time did he wear a mask. He is not sure when he was exposed to asbestos at this rime, but thinks asbestos was utilised in the installation. He does not know the years when asbestos was no longer utilized. Recently, he had.some orthopedic problems, and was told he had some cardiac arrhythmias. He did not know anything further than that. His medicadBggfc.include Ibuprofen and Acetamenophen for his leg d i scomfort He did smoke,'but stopped 30 years ago. During direct questioning, he denied cough or sputum. However, he says that with exercise, at times, he has chest tightness and some wheezing. Because of his orthopedic problems, he has been doing very little walking, recently, and is unable to state his degree of ~ dyspnea. He was seen in consultation by Dr. Bandarevsky, who felt that ha had x- ray findings of asbestosis, and found him to have entirely normal luns functions. Aug-tn-ttOO 01:36pm Fron-SCOtT HULSS LAV FIRM Page 2 July 25/ 2000 9155463333 T-089 P.003/003 F-299 Re: Ignacio Serafin On physical examination/ he vas a modestly obese man in no acute or chronic distress, who vas walking with a cane. Blood pressure 142/70. Heart rate 76 and regular. Respiratory rate 16. HEENT were unremarkable. Neck supple. Chest and lungs were clear. Cardiac examination unremarkable. Abdomen obese/ without liver# kidney , or spleen being palpable. Extremities revealed no clubbing# cyanosis# or edema. Brief neurological examination vas unremarkable. Chest roentgenogram done in my office vas compared to previous x- rays. Again# they shoved slight blunting at the right costal phrenic angle# and some increased bronchovascular markings. Lung functions were repeated and vere essentially identical to those of 2 years ago, shoving normal lung functions and specifically# normal DLCO and lung volumes. It is my feeling that Mr. Serafin exhibits x-ray findings consistent with# but not diagnostic of# asbestos exposure. There is minimal ; blunting at the right costal phrenic angle# which could be pleural ^ thickening. There is no evidence of pleural calcification. The increased bronchovascular markings are of a very mild degree. Lung functions were entirely normal. In summary, it is my feeling that this man may show some roentgenographic findings consistent with pneumoconiosis# and consistent with but not diagnostic of# asbestos exposure. Lung functions are entirely normal# including the DLCO. By classic criteria# asbestos related pulmonary disease should show some decrease in DLCO. This man shows no evidence of respiratory dys function. My feeling# therefore# is that he manifests roentgenographic fir dings of very mild degree that are consistent with pneumoconiosis, anc. lung functions entirely normal- X suspect he did have asbestos exposure. I'iBBfcvuo' evidence of asbestos related lung disease. I want to for asking me to see Mr. Serafin. If i can give you any further information, please do not hesitate to let me kr.ov. sinc s# Arthur A. Cohen, M.D. AAC:js ROBERT M. ROSS", M..D. FCCP 6SS0 Fannin, Suite 2403 Texaa Medical Center Houston, TX 77030 --j-----, HAME Board Certified Pulmonary Distant Board Certified Inltrnal Mtdieint Occupational and Enrinnmeneat Lung Dictates SLOSH Cceratifpieed* aB--tRs.eoamde.tr dob S^6>/37 Tel: (713) 333-6100 Fax: (713) 383-6103 s.sm .#/- 74/- ^ <T7^ IB. TOM QUALITY ~g~2B... [TFH - 1C. IS FILM COMPLETELY ------ 1ATTVX7 I YES 2A. /ANY PARKNOHYMALABNORMALITIIS ZSSRsisteptt wtth pneumoconiosis? 2 SMALL OPACITIES a. SHAPE/SIZE PRIMARY SECONDARY b. ZONES RL 3A. ANY PLEURAL ABNORMALITIES CONSISTENT WITH PNEUMOCONIOSIS? cownm YES :im4X e. PROFUSION 2C. LARGE OPACITIES /. % % %K% SIZE dado *%% %% PROCEED TO SECTION ) YES COMPLETE SC and 3D NO PROCEED TO SECTION 4 SB. PLEURAL THICKENING a. DIAPHRAGM CpU*wO - FFTH b. COSTOPHRENIC ANGLE SITE SC. PLEURAL THICKENING . . . Chert Wall a. CIRCUMSCRIBED (pU<|wO b. DIFFUSE SITE PIN PROFILE C| 1L WIDTH 1ii. EXTENT PI 7| 1 A II B 12 ii 7l 0A B 0l 2 C 3 SITE IN PROFILE I. WIDTH n. EXTENT FACE ON II1 2IIE 12 3] FACE ON Li iJUl. EXTENT W. EXTENT Rj AB C 123 12 23 3D. PLEURAL CALCIFICATION . DIAPHRAGM ---------1 F 23 b. WALL .... __ 0 1 2 3 e. OTHER SITES--------- F 1 2 3 p7 1 L i. DIAPHRAGM_____ b. WALL_____________ e. OTHER SITES_____ 0l 01 01 23 2 2 3| ii PROCEED TO SECTION 4 4A. ANY OTHER ABNORMALITIES? YES TJTC.OMPLETE and *C CT NO 4B. OTHER SYMBOLS (OBLIGATORY) Lojax bu esjen^ co CP cv di ( tm ts fr hi jp^ px PROCEED TO SECTION S Report Item* hiefc may W ed flagSPECIFY d.) . promt cflnlcal I 001 slpnUtcanee ' In thk taction. Dt* Ptrtoeta] PfeyttcUn not!Red? ftlThl 4C. OTHER COMMENT'S A? SUPyZL - G17T?<. SHOULD WORItU SEE PERSONAL PHYSICIAN SECAVM OF COMMENTS IN SSKTHON 4C. DD PROCEED TO MOTION % L FILM RLinnt INITIAli DATE READ / -2^ 1 s -- l. 11:31 AW ARTHUR ft- COHEN , w - r> - 5330019 P.01 ARTHUR A. COHEN, M.D. Dtploml American Board o( fnlamal Madidna Dlplomalt Subi>cl*]iy Board ot t^ilmonary OUaM Diagnosis and Treatment of Diseases of the Chest Curie Medical Building 1733 Curie Dr., Suite 309 El Paso, Texas 79902 (915) 533-9388 NAME : OFFICE ADDRESS: C TJ R I C U L U M________ VITAE ARTHUR ALLEN COHEN 1733 Curie Dr. #309 El Paso, Texas 79902 phone-(915) 533-9388 HOME ADDRESS: 6006' Balcon.es' El Paso, Texas 79922 phone-(915) 584-1894 BIRTHPLACE: MARITAL STATUS: PREMEDICAL EDUCATION: DEGREE: DATE OF GRADUATION: MEDICAL EDUCATION: DATE OF GRADUATION: INTERNSHIP: RESIDENCIES--FELLOWSHIPS: TEACHING APPOINTMENTS: El Paso, Texas March 24, 1940 Married - 3 children Wife - Charlixbfcfee _ Duke University Durham, North Carolina TSadkea&rDOiEt&rts- June, 1962 Baylor College of Medicine Houston, Texas * June, 1966 Methodist Hospital Houston, Texas June, 1966 - June, 1967 Baylor Medical Center -'MedicalJune, 1966- Baylor College Houston, Texas June, 1969 of Medicine -- Pulmonary Disease June, ;1969 rVune, 1970 Teaching Fellowship - Baylor College of Medicine CURRICULUM VITAE NAME: ROBERT MARSHAL ROSS, M.D., FCCF , Board Certified Pulmonary Diseases Board Certified Internal Medicine Occupational and Environmental Lung Disease NIOSH Certified B-Reader ADDRESS: HOME 2202 Sunset Blvd., Houston, Texas 77005 (713) 526-6470 OFFICE 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713) 383-6100 DATE 'OF BIRTH: October 21, 1946 CITIZENSHIP: U.S. - EDUCATION 1968 Bachelor of Science, University ofWaterloo, Waterloo, Ontario Canada. 1969 Course work towards Master of Science in Physiology, University of Toronto, Toronto Canada. 1972 Doctor o fMedicine (M.D.), McMaster University, Hamilton Canada. Internship and Residency in Internal Medicine, McMaster University. Fellowship in Pulmonary Diseases, McMaster University. 1976 Certified in Internal Medicine by American Board of Internal Medicine. 1977 Fellow of the Royal College ofPhysicians of Canada in Internal Medicine. 1978 Certified in subspecialty of Pulmonary Diseases by American Board of Internal Medicine. 1978 Fellow ofthe Royal College ofPhysicians of Canada in the subspecialty ofRespirology (Pulmonary Diseases). ACADEMIC APPOINTMENTS Assistant Professor of Medicine (Pulmonary Department), Baylor College of Medicine, Houston, Texas 1977-1978. Clinical Assistant Professor ofMedicine (Pulmonary Department), Baylor College of Medicine, Houston, Texas 1979-1983. Clinical Assistant Professor ofMedicine (Pulmonary and Critical Care Department), Baylor College ofMedicine, Houston, Texas 1997. Adjunct Faculty Member, Health & Human Performance Department, University ofHouston, Houston, Texas 1984 to present. Director ofPulmonary Function Department, Houston Northwest Medical Center Hospital, Houston, Texas 1986 to 1997. I PROFESSIONAL Medical Staff ofThe Methodist Hospital, Houston, Texas (Courtesy) and Houston Northwest Medical Center Hospital, Houston, Texas (Courtesy). Author of expert medical software for interpreting cardiopulmonary exercise tests for a medical equipment company. Teacher of pulmonary function and cardiopulmonary physiology to the Pulmonary Fellows at Baylor College of Medicine. . Part-time pulmonary department, Ben Taub Hospital, Harris County Hospital District 1977. NIOSH Certified B-Reader 1998. SOCIETIES Fellow of American College of Chest Physicians Member of Harris County Medical Society Member of Texas Medical Association Member of Texas Thoracic Society 2 PUBLICATIONS Books: Jackson, A. S. and R. ML Ross Understanding ExerciilQr..Health-& Fitness Kendall/Hunt Publishing Co., Dubuque, Iowa. Third Edition 1997. Ross, R. M. Interpreting Exercise Tests .CSI Software, Houston, Texas 1989. Ross, R. M. and A. S. Jackson Exercise Concepts. Calculations and.Computer Applications Benchmark Press Carmel, Indiana, 1990. Articles: Ross, R. ML "Bedside Calibration Check of Pulmonary Artery Catheters'', Chest: * 79:6,717-718,1981. Ross, R. M. "Hepatic Dysfunction Secondary To Heart Failure", American Journal of Gastroenterology: 76: 511-578, 1981. Ross, R. Mr"Bedside Calibration of Pulmonary Artery Catheters", Chest: 84:4, 506-507, 1983. Ross, R. M. and A. S. Jackson "Development and Validation of Total Work Equations for Estimating the Energy Cost of Walking", Journal of Cardiopulmonary Rehabilitation: 6: 185-192, 1986. - Ross, R. M. and A. Cordoba "Delayed Life-Threatening Hemothorax Associated with Rib Fractures", Journal of Trauma, 26:6, 576-578, June 1986. Ross, R. M. and G. W. Johnson "Fat Embolism After Liposuction", Chest: 93:6, 1294-1295, June 1988. Jackson, A. S., S. N. Blair, M.T. Mahar, L. T. Weir, R. M. Ross, J. E. StuteviUe "Prediction ofFunctional Aerobic Capacity Without Exercise Testing", Medicine and Science in Sports and Exercise, 22: 863 870, 1990. 3 Jackson, A. S., E.F. Beard, L.T. Weir, R. M. Ross, J.E. Stuteville, and S.N. Blair "Changes in Aerobic Power of Men ages 25 to 70 years", Medicine and Science in Sports and Exercise, Vol. 27, No, 1, pp. 113-120, 1995, Jackson, A. S. and R. M. Ross "Methods and Limitations of Assessing Functional Work Capacity Objectively", Journal ofBack' and Musculoskeletal Rehabilitation, 6: pp. 265-276,1996. Ross, R. M., D. B, Root and A. S. Jackson "Spirometric Norms", Advance for Managers of Respiratory Care, Vol, 6, No. 9, pp. 27-31,1997. Ross, R. M. and A. Siddiqi "Spirometry Essentials", Advance for Managers of Respiratory Care, Vol. 7, No. 2, p. 61&67, 1998. 4