Document jaYqjr5VL069zVRVz33von7p

RONALD LEE DOTSON, ET AL VS. GAF CORPORATION, ET AL CAUSE NO. 2000-3419 IN THE COUNTY COURT EL PASO COUNTY, TEXAS COUNTY COURT AT LAW #3 CHEVRON U.S.A. INC.'S RESPONSES REQUEST FOR DISCLOSURE TO: ERNESTO H3JAR, by and through his attorney of record, Richard Nemeroff, BARON & BUDD, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219 COMES NOW, CHEVRON U.S. A. Defendant in the above styled cause, and pursuant to Rule 194.3 of the Texas Rules of Civil Procedure, files the following Responses to Plaintiffs Request for Disclosure. Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. Michael T. Bridwell State Bar No. 02979600 14th Floor, San Jacinto Building Beaumont, Texas 77701-3255 (409)981-1000 (409)981-1010 Facsimile ATTORNEYS FOR DEFENDANTS, CHEVRON U.S.A. INC. CERTIFICATE OF SERVICE This will verify that a true and correct copy of CHEVRON U.S.A. INC.'S Responses to Plaintiffs Request for Disclosure has been furnished to counsel for plaintiff, by certified mail, return receipt requested, and to all other known counsel of record by regular U.S. Mail, on this 4th day of September, 2001. David W. Ledyard \J 2 RESPONSES TO REQUESTS FOR DISCLOSURE 194.2(a) The correct names of the parties to the lawsuit. RESPONSE: CHEVRON U.S.A. INC. 194.2(b) The name, address, and telephone number of any potential parties. RESPONSE: We know of no other potential parties that defendants may call at this time. 194.2(c) The legal theories and, in general, the factual basis of the responding parties claims or defenses. RESPONSE: The Defendant denies that it was negligent and may assert a state-of-the-art defense. Other possible defenses include statue oflimitations, contributory negligence, and the fault ofthird parties over whom this Defendant has no control. As discovery progresses, Defendant will supplement this response as required by the rules. Defendant denies that Plaintiffwas exposed to asbestos containing product on any premises owned or operated by this Defendant or to any product which emanated from any premises owned or operated by this Defendant. Defendant denies that any dangerous condition existed at its facilities at any time Plaintiff may have been present as a business invitee. Defendant denies that it was negligent or grossly negligent or that its actions were a proximate cause of any injury or illness to Plaintiff. Defendant did not breach any duty owed to Plaintiff, given the applicable state of the art, nor did Defendant proceed with conscious indifference to the safety of Plaintiff with subjective awareness of any extreme degree of risk considering the probability and magnitude ofthe potential harm to Plaintiff. Defendant denies that the Plaintiff has been damaged as alleged and denies that Plaintiff s illness was caused by asbestos exposure. Defendant denies having supplied material or products which were defective. In the alternative. Defendant contends that any illness of Plaintiff was the result of exposure to products or actions of companies over whom this Defendant has no control, including asbestos product manufacturers, cigarette manufacturers, and contractors. Defendant denies participation in any civil conspiracy to withhold knowledge of effects of asbestos exposure from workers. Defendant denies that it acted in any way to aide, abet, encourage or induce any other Defendant to commit any negligent or fraudulent act. Please refer also to Defendant's pleadings on file which are incorporated herein. Defendant reserves the right to amend, supplement or modify its theories as warranted by future discovery. 194(d) The amount and any method of calculating economic damages. 25618/209694 3 RESPONSE: Defendant is not seeking economic damages. 194.2(e) The name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified persons connection with the case. RESPONSE: In addition tofact witnesses andpersons with knowledge identifiedpreviously by Defendant in El Paso Master Asbestos Docket, which are incorporated herein, the following fact witnesses are named: 1. Ernesto Hijar, Jr. 7201 Alpine Drive El Paso, Texas 79915 2. Carmen C. Hijar, Spouse of Plaintiff 7201 Alpine Drive El Paso, Texas 79915 3. Robert J. Hijar, Son of Plaintiff 7232 Tierra Taos El Paso, Texas 79912 (915) 585-8232 4. Cynthia A. McDonald, Daughter of Plaintiff 1553A Greg Powers El Paso, Texas 79936 (915)855-2684 5. David E. Hijar 7017 Case Loma El Paso, Texas 79912 (915) 587-6959 6. Custodian of Records Plumbers & Steamfitters Local 5519 East Paisano Drive El Paso, Texas 7. Dr. Philip A. Miles Sierra Medical Center 1625 Medical Center Drive El Paso, Texas 79902 (915) 747-4000 25618/209694 4 Dr. Miles is a medical doctor and pathologist. He may testify concerning his review of pathology and his opinions as to Mr. Hijar's illness. 8. Dr. Ronald Blumenfeld 1733 Curie #100 El Paso, Texas 79902 Dr. Blumenfeld is a medical doctor who may testify concerning his examination and his treatment of plaintiff. 9. Dr. Michael Simpson 1901 Arizona, Suite 1A El Paso, Texas 79902 Dr. Simpson is a medical doctor who may testify concerning his examination and his treatment of plaintiff. 10. Dr. Byron Chesbro 1901 Grandview Avenue El Paso, Texas 79902 Dr. Chesbro is a medical doctor who may testify concerning his examination and his treatment of plaintiff. 11. Dr. Anuradha Gupta 1901 Gradview Avenue El Paso, Texas 79902 Dr. Gupta is a medical doctor who may testify concerning his examination and his treatment of plaintiff. 12. Dr. J. Stephen Golden 1700 Curie, Suite 4000 El Paso, Texas 79902 Dr. Golden is a medical doctor who may testify concerning his examination and his treatment of plaintiff. 13. Dr. Emilio Gonzalez-Ayala 10420 Montwood Drive, Suite H El Paso, Texas 79902 Dr. Gonzalez-Ayala is a medical doctor who may testify concerning his examination and his treatment of plaintiff. 14. Physicians and Staff Sierra medical Center 25618/209694 5 1600 Medical Center Drive El Paso, Texas 79902 15. Physicians and Staff Del Sol Medical Center f/k/a Columbia Medical Center 10301 Gateway East El Paso, Texas 79925 16. Physicians and Staff Methodist Hospital-Texas Medical Center 6565 Fannin Houston, Texas 77030 The following people are present or former employees of Chevron -U.S.A., Inc. and may have, knowledge about thephysical layout ofthe El Pasofacility, safetypractices and rules, the work done by contractors, the responsibilities ofPlaintiffs' employer and anticipated knowledge ofunions, the policies ofthefacility as respect to contractor employees, knowledge ofpotential asbestos hazards, the lack ofinformation receivedfrom asbestos product manufacturers, and the use or non-use of asbestos-containing products. Tony Solis Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 John Driscoll Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Vernon Solis Engineering c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Tom Mansfield Maintenance Helper & Inspection Dept & Design Engineering 11228 Signal Ridge El Paso, Texas 79936 (915) 592-4371 25618/209694 6 Lee Lehman Operations Supervisor & Compliance Specialist 10709 Gay Brewer El Paso, Texas 79935 (915) 591-3551 Jimmy Waddell Pipefitter c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Eric Bailey Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Wayne Hollebeke Safety Engineer 2143 Sagecrest Las Cruces, New Mexico 88011 (505)522-9094 Victor Navarres Operations Coordinator and Blending & Shipping Supervisor c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Roger Maddaford Former Operations Superintendent (1986-1993) 5040 Brown Deer Lane Rancho Palos Gender, California (310)377-2061 Bill Bruner Former Refinery Manager (1987-1992) Las Vegas, Nevada (702)645-7143 Ed Tomp South Side Area Supervisor c/o El Paso Refinery 25618/209694 7 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Hans Fields Safety Engineer 2001 S. Gulfway Drive Port Arthur, TX 77640 (409) 985-0729 Herb Lucke Maintenance Department 1286 Stubing Ct. El Paso, Texas 79925 (915) 772-2826 Gary Thurmond Engineering Department 1837 Kay Street Compton, California 90221 (213)635-0107 Ken Austin Information Support Team Leader-Applications c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Robert Hoard Former Operator 6436 Cheyenne Trail El Paso, Texas 79902 (915)722-7960 Dan Grey Asphalt Division Plant Manager c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 David Sills Former Operator 8433 Beverly Place El Paso, Texas 79905 (915) 598-8933 25618/209694 8 Gloria Alejandre c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Marilyn O'Keefe c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Greg Hanggi Former Engineering & Maintenance Chevron-Phillips Chemical Company 9500 IH-10 East Baytown, Texas 77521 (281)421-6578 H. R. "Bob" Feld - Live or by deposition testimony Former Maintenance Department Chevron U.S.A. Address Unknown c/o Baron & Budd (client) (214)520-3605 Sam Preckett Project Coordinator Chevron U.S.A. c/o El Paso Refinery 65 01 Trowbridge El Paso, Texas 79905 (915) 775-3411 Ronald Jones Former Maintenance Foreman 108 Fluron P. O. Box 1322 Elephant Butte, New Mexico 87935 (505) 744-4543 25618/209694 Charles Heist Former Maintenance Foreman 10612 Candlewood El Paso, Texas 79935-4102 (915) 592-5781 9 25618/209694 Carl Pataky Engineer Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Joe Machorro Pipefitter, Welder Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Robert Cheng, Ph.D. Industrial Hygienist Chevron Research & Technology 100 Chevron Way Richmond, California 94802 (510) 242-4144 Carlos Hermosillo Draftsman, Engineer Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Tim Hubbard Former Safety Department 1744 Carriage Drive Walnut Creek, California 94598-1200 (925) 944-0742 Dan H. Barber Former Safety Department 260 Fallen Leaf Drive Vacavelle, California 95687 (707)448-1932 Jim Keating Former Plant Manager Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 10 (915) 584-5292 Harold Larson Former Engineer and Contract Administrator Chevron U.S.A. c/o El Paso Refiner}' 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 Manuel Gonzales 5831 Beaumont El Paso, Texas 79922 (915) 584-0328 Chester Hall Former Engineer (1953 to 1966) 4400 Gattes School Road Round Rock, Texas 78664 (512)251-6305 James Hayden 211 Johnway Grass Valley, California 95945 (530)477-6237 Thornton Savage 2501 Carrole Nacogdoches, Texas 75961 (936)560-9231 Manny Chavira c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Norm Vandivort Former Safety Raymondville, MO (417)457-6274 Jim Schermerhorn c/o Chevron U.S.A. Inc. 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 25618/209694 11 Enrique Wainright Former Labor Supervisor 1601 McRae Boulevard El Paso, Texas 79925 (915) 592-7435 Mary Latino Custodian of Personnel Records Chevron U.S.A. - El Paso, Texas 6501 Trowbridge Drive El Paso, Texas 79905 (915) 775-3411 Custodian of Records Chevron U.S.A. - El Paso, Texas 6501 Trowbridge Drive El Paso, Texas 79905 (915) 775-3411 Hank McDermott Chevron Research & Technology 100 Chevron Way Richmond, California 94802 (510) 242-4144 Dr. Howard Applegate Applied Environmental Services 716 La Ruz El Paso, Texas 79902 Barbara Cook Former company materials engineer Three District Inspection 100 Chevron Way Richmond, California 94892 (510) 242-1794 Mike Francis Pipefitter c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915)775-3411 25618/209694 Jack Spence Industrial Hygienist 6416 Rose Garden Lane Roseville, California 95747 12 Stanley Dryden Industrial Hygienist 2795 Ribera Road Carmel, California 93923 (831)624-9394 Defendant will supplement and include people who are present or former employees that may have knowledge about the physical layout ofthe facility, safety practices and rules, the work done by contractors, the responsibilities of Plaintiffs employer and anticipated knowledge of unions, the policies of the facility as respect to contractor employees, knowledge of potential asbestos hazards, the lack of information received from asbestos product manufacturers, and the use or non-use of asbestos-containing products. 194.2(f) For any testifying expert: 1. the experts name, address, and telephone number; 2. the subject matter on which the expert will testify; 3. the general substance of the experts mental impressions and opinions and a brief summary of the bases for them, or if the expert is not retained by, employed by, or otherwise subject to the control ofthe responding party, documents reflecting such information; and 4. if the expert is retained by, employed by, or otherwise subject to the control of the responding party; (A) all documents, tangible things, reports, models or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and (B) the expert's current resume and bibliography. RESPONSE: In addition to expert witnesses identified previously by Defendant in El Paso Master Asbestos Docket, which are incorporated herein, thefollowing expert witnesses are named: Dr. Mark Wick University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg., Room 3882 Charlottesville, Virgina 22908 (804) 924-9038 25618/209694 13 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Wick has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Wick is expected to provide testimony concerning the anatomic structure and functioning ofthe lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Wick is expected to describe and distinguish various types ofasbestos fibers; to describe the things which affect the ability ofasbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Wick will define and distinguish various conditions, such as asbestosis, pleural changes and other 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. Wick is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Wick is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Wick is also expected to testify that it cannot be said, to reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution ofquestions 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. Wick's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs experts, and in that sense his testimony is dependent upon the prior testimony ofsuch experts and cannot be specifically predicted. The above designated witnesses may also give testimony about the historical "state-of-the-art", the development of medical knowledge about asbestos, and presence or absence of medical consequences relating to low dose exposure to asbestos emanating from asbestos containing products. They may offer general testimony relating to the development ofasbestos related disease, cigarette smoking, cancer of various organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis of cigarette related diseases, and the pathogenesis of asbestos related diseases. These witnesses may also testify generally about specific 25618/209694 14 abnormalities that might be in the medical records ofthe decedent. These witnesses may also testify about the presence or absence ofhealth disease or health risks associated with exposure to low levels of asbestos emanating from asbestos containing products. They may also testify specifically about diseases, such as chronic obstructive pulmonary disease, even though they may not have seen decedent, or reviewed decedent's medical records. A copy ofDr. Wick's CV has been provided to Plaintiffs counsel in prior litigation. Ifan additional copy is requested, Defendant will provide a copy. Dr. Wick has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Peter Barrett Chief of Radiology Quincy City Hospital 300 Boyleson Street, Suite 714 Boston, MA 02116 (617) 749-5876 Dr. Barrett is currently a Staff Radiologist and former Chairman of Radiology Department and President ofthe medical staff at Quincy City Hospital, Quincy, Massachusetts. He is also Director ofRadiologic 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 ofthe American College ofRadiology and a member ofthe 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 ofthe Plaintiff and whether those radiographs contain abnormalities consistent with an asbestos disease. He will testify that based upon his review of the x-rays submitted to him, there is no present radiographic evidence that Mr. Withers has a neoplasm in his chest. 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 prober 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. 15 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 oftobacco smoke can confound the apparent results ofcertain epidemiologic studies. Dr. Barrett may testify as to the general medical aspects of the diagnosis and treatment of asbestosrelated disease and may also testify as to there 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 testify concerning the significance as asbestos related abnormalities and neoplastic disease, that asbestos related pleural plaques and pleural thickening are not asbestosis and do not in ordinary 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 ofwhether a plaintiffwill 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 ofasbestosis 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 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-asbestotic 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 ofasbestosis, 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. Dr. Barrett will testify as to his conclusions concerning whether Plaintiff has an illness or disability related to asbestos exposure at Chevron. A copy of Dr. Barrett's CV has been provided to Plaintiffs counsel in prior litigation. If an additional copy is requested. Defendant will provide a copy. See copy of Dr. Barrett's report attached. Dr. Gary Friedman 11757 Katy Freeway, Suite 1540 Houston, Texas 77079 25618/209694 16 Dr. Friedman is an medical doctor 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 will testify that based upon his review of the x-rays submitted to him, there is no present radiographic evidence that Plaintiffhas a neoplasm in his chest or that his laryngeal/pharyngeal cancer is associated to asbestos exposure. A copy of Dr. Friedman's CV has been provided to Plaintiffs counsel in prior litigation. If an additional copy is requested. Defendant will provide a copy. Dr. Friedman has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Daniel Lehane, M.D. 6550 Fannin, Suite 2225 Houston, Texas 77030 (713) 790-0257 Dr. Lehane is a oncologist who may have reviewed applicable pathology, x-rays, and/or records on Plaintiff. Dr. Lehane may also have performed various studies, including staining, digestion, etc... to the extent that he will be used on any individual plaintiff, he has or will have issued a report and/or supplemental reports stating his findings and conclusions. He is expected to testify regarding his stated findings and conclusions. Additionally, he may testify about oncology, general asbestos medicine (including asbestos medical literature), and medicine in general. A copy of Dr. Lehane's CV has been provided to Plaintiffs counsel in prior litigation. If an additional copy is requested, Defendant will provide a copy. Dr. Lehane has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. John E. Craighead Department of Pathology University of Vermont Burlington, Vermont 05405 (802)425-3480 Dr. Craighead is a pathologist at the University of Vermont. He will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "Non-Routine"; the "state-of-the-art" ofasbestos-related diseases; and, will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas, and related matters. Dr. Craighead will testify regarding the diagnosis and cause ofplaintiff s condition. He will discuss the differing physical, chemical and biological properties ofvarious types ofasbestos fibers, and will explain to the jury that chrysotile fibers are incapable of causing, or unlikely to have caused, plaintiffs alleged condition. Dr. Craighead may provide testimony in the following areas: 1. Anatomy and function ofthe respiratory and circulatory systems and the diagnosis 25618/209694 17 and treatment of disease affecting such systems; 2. The nature of asbestos and asbestosis; 3. The symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent of-medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; f. Methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestosrelated diseases; g. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 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 fact that mesothelioma is a very rare disease and occurs in people who have had no known exposure to asbestos 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 asbestos, on disability and life expectancy; n. Effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy. o. The lack of a relationship between pleural plaques and the development of any cancer. p. The lack ofa relationship accepted in the medical community between asbestos and mesothelioma before 1957. q. In addition, Dr. Craighead may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Concerning Dr. Craighead's testimony concerning the medical state-of-the-art as it existed from time to time, Dr. Craighead will provided an overview ofthe history ofasbestos utilization in this country 25618/209694 for industrial purposes and to related, 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. In 1993, 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 1900s 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 1920s when the asbestos bodies that are typical ofthe disease were described and more detailed microscopical features of the disease were noted by pathologist. In the 1920s and 1930s 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 ofthis almost uncontrolled use of asbestos, many ofasbestosis appeared years after the cessation of hostilities. In the early 1960s, Dr. Irwin Selikoffand his associates documented the industrial occurrence ofthis 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 ofpublications 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 during the period oftime in the 1960s when Dr. Craighead was training in Pathology in Boston, an urban community, where significatn ship building activity had occurred during the Second World War. It was only in the 1970s and 1980s 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 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 ofmajor industries were 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 in 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 theses 25618/209694 19 workers are due to cigarette smoking (fibrosis and emphysema) the major cause ofdisability among industrial workers. Lung Cancer: Bronchogenic cancer, a tumor originating from the walls of the airways, in the major cancer occurring in this country among middle-aged 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 1930s 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 -the-art when Dr. Craighead and his colleagues undertook studies in the early 1970s 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 wellestablished 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 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 ofthe promoter concept ofcarinogenesis with regard to lung cancer and asbestos awaited definitive studies in the mid-1980s, the first ofwhich 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 co workers which incorporated observations on over 17,000 insulation workers have clearly shown that asbestos exposure in the absence ofcigarette smoking cannot be considered a carcinogen. This work was published in abstract form in the late 1980s. In view ofthese 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 light exposure or after outside exposure. Mesothelioma: Mesotheliomas were first described occurring in members of general population in the 1870s, 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 ofmesothelioma 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 ofthe 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 25618/209694 20 cancer occurring among individuals exposed to amphibole asbestos types. A clear relationship of amphibole asbestos with mesothelioma, however, was not established until the mid-1980s 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 1970s 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, increasingly large numbers of mesotheliomas have been reported in individuals who were exposed to asbestos many years in the past in the shipyard or where insulation material was used without careful control of dust. The long latency period of this disease was demonstrated and as time has passed, the latency period of many tumors has been found to be 30 to 50 years old. A copy of Dr. Craighead's CV has been provided to Plaintiff's counsel in prior litigation. If an additional copy is requested, Defendant will provide a copy. Dr. Frank Weir 14334 Schroeder Road Houston, TX 77070-3232 (832)237-7502 Dr. Weir is expected to testify in the field of pharmacology, toxicology and industrial hygiene, generally, and particularly as they relate to asbestos fiber exposure in various work places. Also may offer testimony that it is improbable, and scientifically unlikely that plaintiff ever received physiologically meaningful exposures to asbestos fibers. He may also testify regarding the knowledge of the toxicology and appreciation for the hazards relating to the use of asbestoscontaining materials at various intervals of time that are of interest in this matter. Dr. Weir may also respond to testimony of certain witnesses offered at the time of trial. He, therefore, reserves the right to supplement, amend or to otherwise modify the opinions to be offered accordingly. He will continue to review material which may come to his attention regarding this material. Dr. Weir may utilize this material to develop additional opinions and conclusions or modify his opinions and conclusions if such further evidence of information so warrants. Dr. Weir may testify as to state-of-the-art of the hazards of asbestos insulation products and the conduct of various industries and companies based on that knowledge. The Plaintiffs are in possession of deposition and trial transcripts in which many of Dr. Weir's opinions have been fully explored. Dr. Weir has personal knowledge of relevant facts but is also an expert based upon his specialized knowledge, skills, and training. Dr. Weir may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the nature of the working environment in such locations. He may testify about his knowledge of the composition and asbestos content, if any, of the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation 21 operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantity which could have substantially contributed to the plaintiffs alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. His testimony will be based, in part, on the results of testing which he has performed or reviewed for products which are the same or substantially similar to those of which the plaintiffs complain. Dr. Weir may offer the opinion that the exposure to Plaintiff, if any, to asbestos fibers did not exceed the standards applicable to the time period in which Plaintiffclaims to have been exposed. Dr. Weir may aiso offer the opinion that nothing Defendant did or failed to do was negligent, especially given the applicable standards and the state of the knowledge which existed at the time. Dr. Weir's opinions will be based upon his education, experience and professional training, his review of relevant medical, epidemiological, scientific and technical literature, and his review and analysis of the case specific materials provided to him concerning this matter. He may also render various opinions relevant to a Dauber/Havner/Robinson Analysis. A copy ofDr. Weir's CV has been provided to Plaintiffs counsel in prior litigation. Ifan additional copy is requested, Defendant will provide a copy. I. Allen Feingold, M.D. South Miami Hospital 7400 Southwest 62"d Avenue Miami, Florida Dr. Feingold is a specialist in pulmonary medicine and aNIOSH certified "B-reader". Dr. Feingold may testify as to his examination ofplaintiffand/or decedent and/or review oftheir medical records and x-rays and may offer opinions regarding whether or not the plaintiff/decedent has an asbestosrelated disease. Dr. Feingold may also testify concerning the diagnostic criteria used to diagnose asbestos-related diseases and prognosis regarding any medical conditions. Dr. Feingold may also testify about general medical issues and the effects that asbestos and other substances have on human health generally and with respect to plaintiff/decedent specifically. Dr. Feingold will also testify as to the idiopathic nature of mesothelioma in some individuals. He will also testify that certain other cancers are not in reasonable medical probability related to asbestos exposure based upon the scientific evidence. These will include laryngeal and colon rectal cancers, among others. Dr. Feingold may also testify concerning the nature and extent of medical and scientific knowledge as it has existed from time to time regarding the association of pulmonary disease with asbestos exposure based upon the medical and scientific literature, and based on that literature, he will testify as to the population and workers perceived to be at risk of asbestos disease as literature has developed over time. He will also testify concerning the methods ofdiagnosis, the incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic workers and to the general public. He wilt also testify to smoking and its relation to cancer ofthe lung and cancer of other parts 25618/209694 22 of the body. He will further testify concerning the lack of relationship between the presence of pleural plaques and later development of any form of cancer and the necessity for an underlying diagnosis for pulmonary asbestosis in order to attribute lung cancer to asbestos exposure. A copy of Dr. Feingold's CV has been provided to Plaintiffs counsel in prior litigation. If an additional copy is requested, Defendant will provide a copy. J. Leroy Balzer, Ph.D 408 Horse Trail Court Alamo, CA 94595 Dr. Balzer has a B.S. Degree in Public Health Microbiology and M.S. Degree in Preventive Medicine/Public Health which were awarded by the University ofCalifornia at Los Angeles in 1962 and 1963 respectively. Dr. Balzer earned the Doctor ofPhilosophy Degree in Environmental Health and 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 ofthe 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 also testify to any and all other matters, within his knowledge and expertise, which are relevant to this particular case. Dr. Balzer is an environmental consultant. He may give testimony regarding the level of fiber release, if any, from gasket and packing products or other 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 fiber drift. He may testify as to work practices regarding various types of 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 ofproducts including gaskets and packings. He may testify as to exposure that may result from the use of other types of asbestos products. Dr. Balzer has personal knowledge of relevant facts but is also an expert based upon his specialized knowledge, skills, and training. Dr. Balzer may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the 23 nature of the working environment in such locations. He may testify about his knowledge of the composition and asbestos content, if any, of the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantity which could have substantially contributed to the plaintiffs alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. His testimony will be based, in part, on the results of testing which he has performed or reviewed for products which are the same or substantially similar to those of which the plaintiffs complain. Dr. Balzer may testify as to the industrial hygiene state-of-the-art. He may also testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing materials. He may also testify as to any matter raised by experts called by plaintiffs or any co-defendants. Balzer may testify regarding an individual's risks or exposure to asbestos from different media, including, but not limited to, ambient air, industrial products and occupational settings. Balzer may testify concerning: (1) circumstances in occupational settings that may result in direct exposure for persons having contact with asbestos-containing products or equipment with asbestos insulations, and (2) circumstances that may result in bystander exposure for those nearby others having contact with asbestos containing products or equipment with asbestos insulation. Balzer may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. Finally Dr. Balzer may render various opinions relevant to a Daubert/Havner/Robinson Analysis. A copy of Dr. Balzer's CV has been provided to Plaintiff's counsel in prior litigation. If an additional copy is requested, Defendant will provide a copy. Refer to Defendant's Designation of Expert Witnesses attached to this response. 194.2(g) Any discoverable indemnity and insuring agreements. RESPONSE: If any indemnity agreements are located, they will be provided. Defendant has sufficient coverage for the purpose of this litigation. 194.2(i) Any discoverable witness statements. RESPONSE: There are no witness statements at this time. Defendant's investigation as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. 24 194.2(k) In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: Defendant will provide copies of any medical records obtained through authorization that are not already available to the Plaintiff. 25 Defendants are not aware ofall ofthe areas oftestimony or proofthat plaintiff intends to produce at trial and, therefore, defendants cannotproffer all expected testimony until they have had the benefit ofreviewing all ofplaintiffs ' experts ' reports and opinions. To the extent that a witness expresses an opinion at trial or in discovery that has not been divulgedprior to the time that this statement was served on counsel, and which creates a needfor additional areas ofrebuttal testimony orproof defendants reserve the right to supplement this statement. Any expert designated herein may also testify as to any issues raised by plaintiffs experts within the area(s) ofexpertise ofthe designated expert. The words and language used in this statement are the words and language of counsel who prepared the statement, and not the witness. If any expert designated herein produces a report, a copy ofthe report will be produced to plaintiff's counsel. Dr. R. C. Austin Facuity of Laws University College London Bentham House Endsleigh Gardens London WC1H OE6 England Dr. Austin will testify about the procedures by which industrial regulations have been drafted and implemented in the United Kingdom. He will testify about the role of consultation among government, industry and labor in the creation of such regulations. Robert J. Awe, M.D. Baylor College of Medicine Ben Taub General Hospital 1504 Taub Loop Houston, Texas 77030 (713)793-2467 Dr. Awe is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Awe may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Awe is also expected to testify about any matter raised by experts called by the Plaintiffs or Co-Defendants including, but not limited to, plaintiff s medical condition, the state ofmedical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Howard E. Ayer, C.I.H. 2812 Linwood Avenue Cincinnati, OH Mr. Ayer is a Certified Industrial Hygienist and a Certified Safety Professional. He is Emeritus Professor of Environment Health, Division ofEnvironmental Hygiene and Safety, University of Cincinnati. Mr. Ayer received his Bachelor degree in Chemical Engineering in 1948 from the University of Minnesota. He received a Masters of Science in Industrial Hygiene Engineering from Harvard University in 1955. Mr. Ayer was employed by the United States Public Health Service ("USPHS") from 1948 to 1972. During that time period he served with the National Institute for Occupational Safety and Health, and its predecessor organizations (Division of Occupational Health, Occupational Health Program and Bureau of Occupational 171845 Safety Health). He was assigned by the USPHS to the Kansas State Board of Health, the Occupational Health Field Station in Salt Lake City, Utah, and the Occupational Health Field Headquarters in Cincinnati, Ohio. Mr. Ayer was Assistant Chiefof the Engineering Section from 1961 to 1964, Chieffrom 1964 to 1967 and Assistant Director of the Division of Field Studies from 1967 to 1972. Mr. Ayer has been with the University of Cincinnati, Institute of Environmental Health (Kettering Laboratoty) as a Professor and Emeritus Professor since 1972. From 1982 to 1983, Mr. Ayer took a sabbatical year in safety engineering at Texas A&M. Mr. Ayer has served on numerous committees in the field ofindustrial hygiene. As a member ofthe ACGEH, Mr. Ayer served on the Air Sampling Instruments Committee, the Energy Committee, the Ventilation Committee, and the Committee on Environmental Factors in the Pneumoconioses (which he chaired for three years). Mr. Ayer also chaired the ad hoc joint AIHA-ACGIH Committee on Uniform Methods in Impinger Counting. Mr. Ayer has authored over 40 published papers on matters of industrial hygiene. Mr. Ayer's testimony will be based on his knowledge, training and experience in the field of industrial hygiene as it relates to asbestos and asbestos-containing products. Mr. Ayer will also testily as to the state of industrial hygiene at various point in time. Mr. Ayer may also testify as to the asbestos exposures which Plaintiffwould have had at various times during this employment history. Defendant reserves the right to supplement this information based on documents or testimony concerning exposure levels which to date have not been discovered. Mr. Ayer will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by Defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by Defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. Stephen M. Ayers, M.D. Medical College of Virginia Box 565 MCV Station Richmond, VA 23298 Dr. Ayers may be expected to testify live or by deposition concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods oftime. Dr. Ayers may also testify concerning current medical knowledge regarding plaintiffs' condition and asbestos-related disease. Dr. Ayes may testify on state-of-the-art and the Saranac papers, to the effect that Defendants could not have known end users were at risk until approximately the late 1960's. He may also testify as to any matter raised by experts called by plaintiffs or any co-defendants. J. Leroy Balzer, Ph.D 408 Horse Trail Court Alamo, CA 94595 Dr. Balzer has a B.S. Degree in Public Health Microbiology and M.S. Degree in Preventive Medicine/Public Health which were awarded by the University of California at Los Angeles in 1962 and 1963 respectively. Dr. Balzer earned the Doctor ofPhilosophy Degree in Environmental Health and 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 17184S 2- - 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 also testify to any and all other matters, within his knowledge and expertise, which are relevant to this particular case. Dr. Balzer is an environmental consultant. He may give testimony regarding the level offiber release, if any, from gasket and packing products or other 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 fiber drift. He may testify as to work practices regarding various types of occupations using products that contained asbestos. He may testify as to the applicability ofthe 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. Dr. Balzer has personal knowledge of relevant facts but is also an expert based upon his specialized knowledge, skills, and training. Dr. Balzer may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the nature ofthe working environment in such locations. He may testify about his knowledge ofthe composition and asbestos content, if any, of the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantify which could have substantially contributed to the plaintiffs' alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. His testimony will be based, in part, on the results of testing which he has performed or reviewed for products which are the same or substantially similar to those of which the plaintiffs complain. Dr. Balzer may testify as to the industrial hygiene state-of-the-art. He may also testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing materials. He may also testify as to any matter raised by experts called by plaintiffs or any co-defendants. Balzer may testify regarding an individual's risks or exposure to asbestos from different media, including, but not limited to, ambient air, industrial products and occupational settings. Balzer may testify concerning: (1) circumstances in occupational settings that may result in direct exposure for persons having contact with asbestos-containing products or equipment with asbestos insulations, and (2) circumstances that may result in bystander exposure for those nearby others having contact with asbestos containing products or equipment with asbestos insulation. Balzer may testify 3- - about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. Finally Dr. Balzer may render various opinions relevant to a Daubert/Havner/Robinson Analysis. Dr. Peter Barrett Chief of Radiology Quincy City Hospital 300 Boyleson Street, Suite 714 Boston, MA 02116 (617) 426-2110 Dr. Barrett is currently a Staff Radiologist and former Chairman of Radiology Department and President of the medical staffat Quincy City Hospital, Quincy, Massachusetts. He is also Director ofRadiologic 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 NTOSH since 1984.- He is a fellow of 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 Plaintiffs and the significance of various x-ray findings on the radiographs of the Plaintiffs and whether those radiographs contain abnormalities consistent with an asbestos disease. Dr. Barrett is expected to provide testimony concerning the anatomic structure and functioning of the lung, the defense mechanisms and functioning ofthe lung, the responses ofthe lung to various stimuli, and the role ofvarious components ofthe respiratory system in the proper functioning ofthe lung. Dr. Barrett is expected to describe and distinguish various types ofasbestos 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 my be attributable in some persons to the results of long term inhalation and retention ofsome forms ofasbestos fiber. Dr. Barrett is further expected to testify concerning the type of asbestos and their association with disease. Dr. Barrett is further expected to offer testimony concerning the effects ofinhaled 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 epidemiologic 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 testify concerning the significance of asbestos related abnormalities and neoplastic disease, that asbestos related pleural plaques and pleural thickening are not asbestosis and do not in ordinary 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 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 perioneal cavity; the nature and extent of 4- - 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 establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; incidence oflung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; the relationship of cigarette smoking to cancer of the lung and cancer of the other sites with reference to epidemiological studies and physiological effect; the difference between impairment and disability; the effect of asbestosis, or asbestos exposure without asbestosis; on disability and life expectancy; and the effect ofpleural 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. Dr. Peter W.J. Bartrip Centre for Socio-Legal Studies Wolfson College Linton Road Oxford 0X2 6UD United Kingdom Dr. Bartrip has a Ph.D. in history. He is expected to testify generally about the development of the 1931 Asbestos Industry Regulations in the United Kingdom. He is expected to testify about the consultations among officials from the Factory Inspectorate, representatives of manufacturers and representatives of organized labor prior to the promulgation of the Regulations. Mr. Lawrence R. Birkner McIntyre, Birkner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, California 91362-1822 Larry Birkner is a certified Industrial Hygienist trained in the measurement of dust and related matters. He is prepared to testify regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger disease associated with dust exposure, good housekeeping measures, and other related matters. He is prepared to testify about respirator history, what constitutes good hygiene practice, and the periods of time from an industrial hygiene standpoint when people and companies became aware of associated health risks. He may give testimony regarding the level of fiber release, if any, from gasket, packing or other 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 fiber drift. He may testify as to work practices regarding various types of 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 various types ofproducts including gaskets and packings. He may testify as to exposure that may result from the use of other types of asbestos products. Mr. Birkner has personal knowledge of relevant facts but is also an expert based upon his specialized knowledge, skills, and training. Mr. Birkner may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the nature ofthe working environment in such locations. He may testify about his knowledge ofthe composition and asbestos content, if any, of the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation operations andproducts, includingpipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use 5- - of respirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantity which could have substantially contributed to the plaintiffs alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. He may also testify as to any matter raised by experts called by the plaintiff or any co-defendants. Birkner may testify regarding an individual's risks or exposure to asbestos from different media, including, but not limited to, ambient air, industrial products and occupational settings. Birkner may testify concerning: (1) circumstances in occupational settings that may result in direct exposure for persons having contact with asbestos-containing products or equipment with asbestos insulation, and (2) circumstances that may result in bystander exposure for those nearby others having contact with asbestos containing products or equipment with asbestos insulation. Birkner may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. Ben Branscomb, M.D. Professor of Medicine University of Alabama School of Medicine Birmingham, Alabama Dr. Branscomb is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Branscomb may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Branscomb is expected to testify about any matter raised by experts called by the Plaintiffs and Co-Defendants including, but not limited to, plaintiffs' medical condition, the state of medical knowledge concerning asbestos-related diseases and other occupational diseases. Leonard J. Bristol, M.D. Hull Road Rainbow Lake, NY Dr. Bristol received his M.D. in 1944 from the Long Island College ofMedicine. Froml944to 1945hehad a general rotating internship at St. Catherine's Hospital in Brooklyn, New York and from July 1945 to April 1946, was a resident in radiology at the Long Island College Hospital. From 1946 to 1948, Dr. Bristol was a radiologist at the United States Naval Hospital, National Naval Medical Center in Bethesda Maryland. During that period of time he also served as a full-time fellow in the Department ofRadiology at the JohnsHopkins University Medical School. He was certified by the American College of Radiologists in 1949. In 1949, he assumed a full-time position as a radiologist at the Trudeau Sanitorium and the Saranac Lake Laboratory where he remained through the end of 1978. Dr. Bristol has been engaged in the practice of radiology at the General Hospital in Saranac Lake, the Placid Memorial Hospital in Lake Placid, the Alice Hyde Hospital in Malone, New York and was a member of the Department of Radiology at the Edward L. Trudeau Foundation through 1978. Since 1949, approximately 50 percent ofDr. Bristol's practice involved chest diseases and 25 to 30 percent ofhis overall practice involved occupational lung disease. He has reviewed several hundred thousand films ofworkers with occupational lung disease. Dr. Bristol was instrumental in the development ofthe ELO/UICC classifications for asbestos-related diseases. On the basis ofDr. Bristol's knowledge, training and experience as a radiologist and his personal knowledge ofthe research and experiments conducted by the Trudeau Foundation and Saranac Laboratories. Dr. Bristol 6- - may testify by deposition or videotape as to the general radiological characteristics and diagnosis ofasbestosrelated diseases. Robert Brown 1169 Pointview Road Chapin, South Carolina Mr. Brown received his Bachelor of Science in chemical engineering from the University of South Carolina in 1935. In or about 1948 or 1949, he obtained a Master of Public Health Degree from Johns Hopkins University School of Hygiene and Public Health. Mr. Brown began his career in 1936 as a chemical engineer with the Division of Industrial Hygiene of South Carolina State Board of Health where he worked with an industrial hygiene physician. Mr. Brown was responsible for performing a complete survey on a large sampling basis, including dust studies, of South Carolina industries and to develop information of any existing or suspected industrial hygiene problems. In January 1942, Mr. Brown was employed as the Chief of Industrial Hygiene Services for the Health Division of the City of St. Louis, Missouri. In 1949, he accepted a position on the faculty of the School of Public Health at Yale University where he taught public and occupational health. In 1951, Mr. Brownjoined the Maryland State Department ofHealth to facilitate the development ofthe Maryland Bureau ofIndustrial Hygiene. Mr. Brown accepted a position with the National Sanitation Foundation in Ann Arbor, Michigan in 1965. In 1967, he became the president of the National Sanitation Foundation and remained in the capacity until his retirement in 1980. Mr. Brown was a charter member and organizer of the National Conference of Governmental and Industrial Hygienists ("NCGIH"), established in or around 1938. This organization later changed its name to the American Conference of Governmental and Industrial Hygienists ("ACGIH"). Mr. Brown served as a member of this organization's Executive Committee, Constitutional Review Committee and Industrial Hygiene Codes Committee. The latter committee was responsible for establishing maximum allowable concentrations ("MAC") and threshold limit values ("TLV"). In 1946, the Subcommittee on Threshold Limits of the ACGIH recommended a MAC for asbestos of 6 million particles per cubic foot of air. Mr. Brown was also a member of the American Industrial Hygiene ("AIHA"). This organization also proposed TLV's and MAC'S which were published as Hygiene Standards in the April 1958 issue American Industrial Hygiene Association Journal andrecommended maximum atmospheric concentrations for asbestos over 8 hours of 5 million particles per cubic foot of air. This publication also listed potential hazards of asbestos which noted that in addition to asbestosis there had been reports of an increased risk of lung cancer. On the basis ofMr. Brown's personal knowledge of the facts surrounding the adoption of asbestos exposure standards, his training and experience in the areas of industrial hygiene and his review of the literature, Mr. Brown will testify by videotape or deposition, with regard to the composition of the membership of the ACGIH and its predecessor, the NCGIH and the AIHA. Mr. Brown will also testify by videotape or deposition, with regard to the facts and circumstances surrounding the proposal and adoption ofthe asbestos standards and his involvement in these processes. In addition, Mr. Brown may testify by videotape or deposition, with regard to the state of industrial hygiene knowledge during the 1930's, 1940's and 1950's. Mr. Brown will further base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by Defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by Defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party a the time of trial. -7- Mr. Dohrman Byers, 12060 Lawnview Avenue - #6 Cincinnati, Ohio Mr.Byers' testimony may be presented by way ofdeposition taken on October 21,1985,in Brandtv. OwensIllinois, Inc., Case No 605-147, Milwaukee Circuit Court, Wisconsin Mr. Byers testified as to the interpretation and application of the Threshold Limit Value by the U.S. Public Health Service. Sam Cade, M.D. Texas Diagnostic Imaging 3535 Worth Street #110 Dallas, Texas 75246 (214)820-3219 Dr. Cade is a "B" reader and may testify regarding the radiographs of the Plaintiff. Dr. Cade will testify to all matters pertaining to his examination of the Plaintiff and Plaintiff s medical records; any communication with the Plaintiff or Plaintiffs family; the diagnostic criteria used to diagnose asbestosis; his opinion regarding whether Plaintiff suffers from an asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis thereof. Phillip Cagle, M.D. Baylor School of Medicine Dept, of Pathology One Baylor Plaza Houston, Texas 77030 -3498 (713) 790-5219 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Cagle has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Cagle will be offered by theses defendants as an expert physician, with particular expertise in pathology, in the process of carcinogenesis, as a researcher in the field ofasbestos 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 ofthe 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 oflong 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 will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Cagle is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Cagle is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual ' s use ofprotective equipment, specific types ofasbestos 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 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: 1. Anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; 2. The nature of asbestos and asbestosis; 3. The symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system peritoneum and peritoneal cavity; 4. The nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. Methods of diagnosis ofvarious diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; 9- - 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. The import ofany exhibit (including without limitation, corporate documents ofdefendants) introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 9. Cigarette smoking and its effect on the lung and other organs; 10. The relative danger of theses defendants' asbestos-containing products; 11. The relationship of cigarette smoking to cancer of the lung and cancers of the other sites with reference to epidemiological studies and physiologic effect; 12. Difference between impairment and disability; 13. 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; 14. The lack ofrelationship between presence ofpleural plaques and a later development ofany form of cancer; 15. Cancer incidence in the general population and among asbestos workers and its potential causes; 16. The history of evolution and knowledge of asbestos-related diseases; 17. The fiber types and exposure levels considered to be substantial in causing asbestos-related disease, specifically mesothelioma. Additionally, Dr. 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 must be differentiated, the appropriate protocols for the diagnosis ofthose conditions, prognosis and information relating to the known cause 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 discussions of any relevant epidemiology, anatomy and physiology. Finally Dr. Cagle may render various opinions relevant to a Daubert/Havner/Robinson Analysis. -10- Dr. Darryl Carter Yale University Department of Pathology 310 Cedar Street New Have, CN 06510 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Carter has not prepared a report as yet; if he does, a copy will be provided to plaintiffs. Dr. Carter is expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Carter is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence ofdisease 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 ofmedical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Carter's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. In expressing his opinions, Dr. Carter will rely on his own training, education, experience, research and publications, as well as the published medical and scientific literature that has been available to him over his career. Dr. Carter may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on the lung. He may also testify as to the relationship of asbestos exposure and the incidences ofcancer. Dr. Carter is expected to provide testimony in the following areas: 1. Anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; 2. The nature of asbestos and asbestosis; 3. The symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent of medical and scientific knowledge regarding any association of -11- obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive disease or defects of the respiratory system; 6. Methods ofdiagnosis ofvarious diseases, particularly means ofestablishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos-related diseases; 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. The 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 witnesses; 9. Cigarette smoking and its effect on the lung and other organs; 10. The relative danger of this defendant's asbestos-containing products; 11. The relationship of cigarette smoking to cancer of the lung and cancers of other sites with references to epidemiological studies and physiologic effect; 12. Difference between impairment and disability; 13. Effect 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 functions or life expectancy; 14. The lack of a relationship between presence of pleural plaques and a later development of any form of cancer; 15. Cancer incidence in the general population and among asbestos workers and its potential causes; 16. The history of evolution and knowledge of asbestos-related diseases; 17. The fiber types and exposure levels considered to be substantial in causing asbestos-related disease, specifically mesothelioma. Additionally, Dr. Carter may testify concerning the diagnosis of the plaintiffs. Dr. Carter may also testify as to his findings and diagnosis after examination and analysis oftissue, slides or other pathologic materials, medical records, reports, radiographs and plaintiffs' work history. He may give testimony concerning his review of any report purported to be diagnostic of any oncological conditions and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis and information relating to the known causes of those malignancies. He may testify concerning the texts and other literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contentions of increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations relating to medical monitoring. His testimony may include discussion of any relevant epidemiology, anatomy and physiology. -12- Bruce Case Department of Pathology Faculty of Medicine McGill University 3775 University Street Room 203 Montreal, Canada H3A2B4 (514) 398-7192 ext. 7466 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Case has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Case is expected to provide testimony concerning the anatomic structure and functioning ofthe 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. Case is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Case will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results oflong term inhalation and retention of some forms of asbestos fiber. Dr. Case is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types ofasbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results ofhis 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. Case is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Case is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use ofprotective equipment, specific types ofasbestos 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. Dr. Andrew Churg Associate Professor Chief, Laboratory of Anatomic Pathology University of British Columbia Health Sciences Center Hospital 2211 Westbrook Mall Vancouver, B.C., Canada V6T1W5 -13- The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Churg has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Churg will testify about the pathology of asbestos related diseases, his research into asbestos related diseases, the carcinogenicity ofvarious fiber types, and the relationship, ifany, between asbestos and various disease. Dr. Churg is a specialist in the pathology of occupational lung disease. He is also expected to testify that some asbestos-containing products do not create a health hazard and that any asbestos exposure from these products played no role in the genesis ofplaintiffs' lung diseases, if any. Dr. Churg may testify, either live or by deposition, regarding general pathology and the pathology of plaintiffs. He may also testify as to any matter raised by experts called by plaintiffs or any co-defendants. In addition, Dr. Churg may testify regarding general medical issues, including but not limited to the following: 1. The anatomy and function of the respiratory and circulatory systems, including the protective systems of the body with regards to the inhalation and retention of dust, and the diagnosis and treatment of disease affecting such systems; 2. The nature of asbestos and asbestos-related disease; 3. The symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. Methods of diagnosis of various diseases with other non-asbestos-related diseases; 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure as compared' to non-asbestotic asbestos workers, non-asbestos exposed workers and to the general population 8. Cigarette smoking and its effects on the lungs and other organs; 9. The relationship of cigarette smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic effect; 10. The difference between impairments and disability; 11. The effect of asbestosis or other asbestos-related disease, or asbestos exposure without asbestosis or other asbestos-related disease, on disability and life expectancy; -14- 12. The lack of relationship between the presence of pleural plaques and a later development of any form of cancer; 13. The history of evolution and knowledge of asbestos-related diseases; 14. The import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 15. Cancer incidence in the general population and among asbestos workers and its potential causes; 16. The incidence of mesothelioma among various kinds of workers exposed to asbestos, and the relative importance of various fiber types and the cause of mesothelioma 17. To the extent not covered above, asbestos medicine in general. Dr. Churg will express his opinion that the only established association concerning lung cancers and asbestos exposure is the association of asbestosis and lung cancers; that the association of occupational asbestos exposure and lung cancers is really the association ofthe specific disease, asbestosis and lung cancers; that only the confirmed presence of asbestosis potentially establishes asbestos as a contributing cause of lung cancer in a person with a significant smoking history; that absent asbestosis, asbestos does not cause an increased risk of lung cancers. Dr. Churg may testify that occupational exposure to asbestos without a confirmed diagnosis of asbestosis, provides no information about the cause of lung cancers and is not information supporting a conclusion that asbestos was a contributing factor in lung cancer. Dr. Churg may testify that pleural plaques, fiber burden counts and asbestos bodies also provide no information about the cause of lung cancers. Dr. Churg may testify as to what is asbestosis, whether there is an asbestos exposure threshold for asbestosis, what constitutes that threshold for asbestosis. In addition, Dr. Churg may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Patrick M. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, Texas 77030 (713) 791-8787 Dr. Conoley is a medical doctor and "B" reader who will testify concerning his review of radiographs and CT scans of Plaintiff or Decedent. Dr. John E. Craighead Department of Pathology University of Vermont Burlington, Vermont 05405 (802) 425-3480 Dr. Craighead is a pathologist at the University of Vermont. He will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "Non-Routine"; the "state-of-the-art" of asbestos-related diseases; and, will testify about other areas of pulmonary pathology -15- including, but not limited to, emphysema, carcinomas, and related matters. Dr. Craighead will testify regarding the diagnosis and cause of plaintiffs' condition. He will discuss the differing physical, chemical and biological properties of various types of asbestos fibers, and will explain to the jury that chrysotile fibers are incapable of causing, or unlikely to have caused, plaintiffs' alleged condition. Dr. Craighead may provide testimony in the following areas: 1. Anatomy and function of the respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; 2. The nature of asbestos and asbestosis; 3. The symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; f. Methods ofdiagnosis ofvarious diseases, particularly means ofestablishing 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-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; h. The import ofany exhibit (including without limitation, corporate documents ofdefendants) 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 fact that mesothelioma is a very rare disease and occurs in people who have had no known exposure to asbestos 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 asbestos, on disability and life expectancy; n. Effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy. o. The lack of a relationship between pleural plaques and the development of any cancer. p. The lack of a relationship accepted in the medical community between asbestos and mesothelioma before 1957. -16- q. In addition, Dr. Craighead may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Concerning Dr. Craighead's testimony concerning the medical state-of-the-art as it existed from time to time, Dr. Craighead will provided an overview of the history of asbestos utilization in this country for industrial purposes and to related, 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 ofcauses, 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. In 1993, 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 1900s 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 1920s when the asbestos bodies that are typical ofthe disease were described and more detailed microscopical features of the disease were noted by pathologist. In the 1920s and 1930s asbestosis continued to be a disease process associated with heavy and prolonged exposure to asbestos in an era where industrial dust controls weTe 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 ofthe material by workers in the industrial setting. As a consequence ofthis almost uncontrolled use ofasbestos, many ofasbestosis appeared years after the cessation of hostilities. In the early 1960s, Dr. Irwin Selikoffand his associates documented the industrial occurrence ofthis 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 during the period of time in the 1960s when Dr. Craighead was training in Pathology in Boston, an'urban community, where significatn ship building activity had occurred during the Second World War. It was only in the 1970s and 1980s 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 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 were 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 in controlled by personal respirator use or industrial controls. Frequently, workers in all types ofindustries 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 theses -17- workers are due to cigarette smoking (fibrosis and emphysema) the major cause ofdisability among industrial workers. Lung Cancer: Bronchogenic cancer, a tumor originating from the walls of the airways, in the major cancer occurring in this country among middle-aged 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 1930s 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 -the-art when Dr. Craighead and his colleagues undertook studies in the early 1970s 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 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 carinogenesis with regard to lung cancer and asbestos awaited definitive studies in the mid-1980s, the first ofwhich 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 co-workers 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 1980s. 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 light exposure or after outside exposure. Mesothelioma: Mesotheliomas were first described occurring in members ofgeneral population in the 1870s, 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-1980s 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 1970s 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, increasingly large numbers of mesotheliomas have been reported in individuals who were exposed to asbestos many years in the past in the shipyard or where insulation material was used without careful control -18- of dust. The long latency period of this disease was demonstrated and as time has passed, the latency period of many tumors has been found to be 30 to 50 years old. Dr. James Crapo 4650 South 4th Street Englewood, Colorado 80110 (303)221-6695 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr Crapo has not as yet prepared a report in this case; if he does, a copy will be provided to Plaintiffs. Dr. Crapo is board certified in internal medicine with a subspecialty certification in pulmonary diseases. Dr. Crapo 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 ofpeople 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 ofpeople 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' 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. Dr. Crapo is also expected to testify about any matter raised by experts called by 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. In addition, Dr. Crapo may testify about issues relevant to a Daubert/Havner/Robinson .Analysis. Harry B. Demopoulos, M.D. N.Y.U. Medical Center Department of Pathology 550 First Avenue New York, NY 10016 -19- Dr. Demopoulos is a professor ofpathology at New York University and Medical Center. Dr. Demopoulos may be expected to testify live or by deposition concerning the state of the available medical knowledge regarding asbestos-related disease at the relevant historical periods oftime. Dr. Demopoulos may also testify concerning current medical knowledge regarding plaintiffs' condition and asbestos-related disease. Dr. Scott G. Donaldson North.-Texas Pulmonary Associates 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (972) 680-0666 Dr. Donaldson is a specialists in the area of respiratory diseases. Dr. Donaldson 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 plaintiffor plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiff suffers from asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function of the respiratory and circulatory systems; the natures of asbestos; the symptomology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos exposure; the affect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; methods of diagnosis of various diseases, especially the means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestosrelated diseases; incidence of lung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic affect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack of relationship between the presence of pleural plaques and a later development of any form of cancer. Sharon M. D'Orsie, Ph.D Eagle Environmental Health, Inc. 2600 Southwest Freeway, Suite 810 Houston, Texas 77098-4614 (713) 523-2453 Dr. D. 'Orsie will testify in the field ofindustrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. William L. Dyson, PhD, CIH Workplace Hygiene, LLC 1022 Jefferson Road P.O. Box: 49176 Greensboro, NC 27410 (336) 297-1642 -20- Dr. Dyson is an industrial hygienist who will testify concerning the state of the knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. Dr. Dyson's C.V. is attached. The above designated witnesses may also give testimony about the historical "state-of-the-art", the development of medical knowledge about asbestos, and presence or absence of medical consequences relating to low dose exposure to asbestos emanating from asbestos containing products. They may offer general testimony relating to the development of asbestos related disease, cigarette smoking, cancer of various organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis ofcigarette related diseases, and the pathogenesis ofasbestos related diseases. These witnesses may also testify generally about specific abnormalities that might be in the medical records of the decedent. These witnesses may also testify about the presence or absence of health disease or health risks associated with exposure to low levels of asbestos emanating from asbestos containing products. They may also testify specifically about diseases, such as chronic obstructive pulmonary disease, even though they may not have. seen decedent, or reviewed decedent's medical records. Defendant reserves the right to amend and supplement this response as additional information is located. Defendant reserves the right to call any person designated by any other party in this case as an expert witness, whether or not such party is still a party at the time oftrial as well as all expert witnesses listed by Plaintiffs, custodians of records of any and all physicians, health care facilities, hospitals, clinics and health care providers who have treated or examined the Plaintiff in this case who may have records concerning the plaintiff, and any physician who has examined and/or treated Plaintiff not identified. Brooks Emory, M.D. Jefferson Hospital New Orleans, LA Dr. Emory is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Emory may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Emory is expected to testify about any matter raised by experts called by the Plaintiffs and Co-Defendants including, but not limited to, plaintiffs' medical condition, the state of medical knowledge concerning asbestos-related diseases and other occupational diseases. I. Allen Feingold, M.D. South Miami Hospital 7400 Southwest 62nd Avenue Miami, Florida Dr. Feingold is a specialist in pulmonary medicine and a NIOSH certified "B-reader". Dr. Feingold may testify as to his examination of plaintiff and/or decedent and/or review of their medical records and x-rays and may offer opinions regarding whether or not the plaintiff/decedent has an asbestos-related disease. Dr. Feingold may also testify concerning the diagnostic criteria used to diagnose asbestos-related diseases and -21- prognosis regarding any medical conditions. Dr. Feingold may also testify about general medical issues and the effects that asbestos and other substances have on human health generally and with respect to plaintiff/decedent specifically. Dr. Feingold will also testify as to the idiopathic nature of mesothelioma in some individuals. He will also testify that certain other cancers are not in reasonable medical probability related to asbestos exposure based upon the scientific evidence. These will include laryngeal and colon rectal cancers, among others. Dr. Feingold may also testify concerning the nature and extent of medical and scientific knowledge as it has existed from time to time regarding the association ofpulmonary disease with asbestos exposure based upon the medical and scientific literature, and based on that literature, he will testify as to the population and workers perceived to be at risk of asbestos disease as literature has developed over time. He will also testify concerning the methods of diagnosis, the incidence of lung cancer among individuals with asbestosis as compared to non-asbestotic workers and to the general public. He will also testify to smoking and its relation to cancer of the lung and cancer of other parts of the body. He will further testify concerning the lack of relationship between the presence of pleural plaques and later development of any form of cancer and the necessity for an underlying diagnosis for pulmonary asbestosis in order to attribute lung cancer to asbestos exposure. Gregory H. Foster, M.D., P.C.C.F. North Texas Pulmonary Associates 375 Municipal Drive, Suite 214 Richardson, Texas 75080 (972) 680-0666 Dr. Foster is a specialist in the area ofrespiratory diseases. Dr. Foster may testify as to all matters pertaining to his examination of plaintiff and/or review of plaintiffs medical records, x-rays, and reports and supplemental reports of plaintiffs' experts' any communications with plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiffsuffers form asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function of the respiratory and circulatory systems; the natures of asbestos; the symptomology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association ofpulmonary disease with asbestos exposure; the affect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; methods of diagnosis of various diseases, especially the means of establishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestosrelated diseases; incidence of lung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic affect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack ofrelationship between the presence of pleural plaques and a later development of any form of cancer. Douglas Fowler, Ph.D. 643 Blair Island Road, Number 305 Redwood City, California 94863 -22- Dr. Fowler is an industrial hygienist who may testify live or by deposition concerning issues relating to plaintiff s theories of"fiber drift," issues relating to the threshold limit value, protective measures, plaintiffs' level of exposure to asbestos, and other industrial hygiene-related issues. Dr. Richard Fraser Montreal Chest Hospital Center Department of Pathology 3650 St. Urbain Montreal, Quebec H2X2P4 Dr. Fraser is a pulmonary pathologist. He has written extensively on the pathology of chest diseases. He is expected to testify generally about pathologic concepts of disease, the etiology and course of disease processes both related to asbestos and non-asbestos causes. He will also testify case specifically on his. analysis of tissue samples and medical records. Dr. Edward A. Gaensler 63 Eucalyptus Knoll Road Mill Valley, CA 94941 Dr. Gaensler will testify about the pathology of asbestos related diseases, his research into asbestos related diseases, the carcinogenicity ofvarious fiber types, and the relationship, ifany, between asbestos and various diseases. Dr. Gaensler will testify about the epidemiology of asbestos related diseases, his statistical research, latency, state-of-the-art, and other related matters. Dr. Gaensler will testify about case specific testimony, where applicable. He will testify about the evolution of asbestos disease, cigarette related diseases, and other respiratory or systemic conditions, specifically carcinomas, seen either independently or in connection with either of the foregoing. Robert Gay, Ph.D. Dr. Gay is an environmental consultant and chemist. 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 fiber drift. He may testify as to work practices regarding various types of occupations using products that contained asbestos. He may testify as to the applicability of the Environmental Protection Agency's guidelines as they relate to various types ofproducts including gaskets and packings. He may testify as to exposure that may result from the use of other types of asbestos products. Allen R. Gibbs, M.D. Department of Pathology, Llandough Hospital South Glamorgan, Penarth CF 61XX United Kingdom Dr. Gibbs is a pulmonary pathologist who received his medical degree from Newcastle Upon Tyne. He is a Fellow of the Royal College of Pathologist. He is a consultant pathologist to South Glamorgan Health Authority and is an honorary clinical teacher to the University of Wales College of Medicine. Dr. Gibbs is also an honorary consultant to the MRC external staff team on occupational lung diseases at Llandough -23- Hospital. He was a senior lecturer in pathology at the University of Wales College of Medicine. He has special expertise in the diagnosis of asbestos-related diseases and the pathogenicity of the various forms of asbestos for pulmonary and pleural diseases and has reviewed over 1,000 lung samples involving asbestosrelated changes. Additionally, Dr. Gibbs has authored or co-authored over 45 articles, papers and chapters in the field of pathology, many of which relate to asbestos-related disease. Dr. Gibbs may review the pathological evidence in this case and testify concerning whether it is diagnostic of asbestos-related disease. On the basis of Dr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge of the medical literature and knowledge of the facts of this case as they are known to date. Dr. Gibbs may testify generally as to the dangers posed by the inhalation of asbestos fibers, the relative risks associated with exposure to low levels of airborne asbestos dust in the general environment, and the risks posed to Plaintiff from his alleged exposure to airborne asbestos dust. Dr. Gibbs will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by Defendant or any other party, whether live or by deposition, the testimony of all other witnesses named by Defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. Elizabeth L. Green, PE. Eagle Environmental Health, Inc. 2600 Southwest Freeway, Suite 810 Houston, Texas 77098-4614 (713) 523-2453 Dr. Green will testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. Kathryn A. Hale, M.D. Assistant Professor of Medicine Baylor College of Medicine and the Methodist Hospital 6550 Fannin Smith Tower #1236 Houston, Texas 77030 (713) 790-2076 Dr. Hale is a specialist in the area of respiratory diseases. Dr. Hale may testify as to all matters pertaining to her examination of plaintiff and/or review of plaintiffs medical records, x-rays and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiffor plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether plaintiff suffers from asbestos-related diseases and the basis of such opinions; plaintiffs medical conditions. Dr, Hale may also testify regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the 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 of exposure to substances other than asbestos in the development and manifestation ofdiseases ofthe respiratory system; the methods ofdiagnosis -24- and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related disease; the incidence of lung 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 of asbestosis 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; 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. Hale may also offer various opinions relevant to a Daubert/Havner/Robinson Analysis. Dr. Russell Harley MUSC-PathoIogy Charleston, SC 29425 Dr. Harley is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Harley is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Harley will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long tern inhalation and retention of some forms of asbestos fiber. Dr. Harley is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types ofasbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results ofhis own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Harley is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence ofdisease 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. Harley is also expected to testify that it cannot be said, to a reasonable degree ofmedical 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 ofprotective equipment, specific types ofasbestos containing product(s) used and/or handled, resolution of questions regarding exposure to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Harley's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. -25- In expressing his opinions, Dr. Harley will rely on his own training, education, experience, research and publications, as well as the published medical and scientific literature that has been available to him over his career. Dr. Harley may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on the lung, He may also testify as to the relationship of asbestos exposure and the incidence of cancer. Dr. Michael Henderson 330 Rittiman Road San Antonio, TX 78209-2861 Dr. Henderson is a board certified oncologist. He will testify to general concepts regarding carcinogenesis,. specifically in relation to asbestos and its alleged association with different forms of cancer. Dr. Elliott Hinkes 301 N. Prairie #311 Englewood, California 9030 (310) 674-0050 Dr. Hinkes will testify in the field of pulmonary medicine and oncology and the state of knowledge as it existed from time to time relating to health effects of asbestos exposure. Dr. Hinkes may testify as to all matters pertaining to study and research concerning exposure to asbestos and its effect on the human body; as to exposure to asbestos in regard to the development of lung cancer, mesothelioma and other respiratory diseases; as to his examination and review of Plaintiff s medical records, history, x-rays, and pathology material; his expert opinion as to whether Plaintiff suffers from a respiratory disease and cause of such disease, including but not limited to asbestosis, lung cancer, mesothelioma and the basis for such opinion; and all other matters concerning Plaintiff s medical condition. Dr. John R. Holcomb 4410 Medical Drive, Suite 440 San Antonio, TX 78229 (210)692-9400 Dr. Holcomb will testify about asbestos and the diseases caused by asbestos generally. He may testify as to his review of the literature and the opinions and conclusions contained in that literature. He may testify regarding exposure levels of asbestos, at what level asbestos may cause disease, and as to when this was known in the medical and scientific literature. He may also testify as to his review of the documents entered into evidence into this case pertaining to the parties. In addition, the above listed expert may testify live, or by deposition, concerning his examination of the Plaintiff and his review of the Plaintiffs medical records, x-rays, and bills for medical services and their diagnosis of injuries, if any. He may testify concerning asbestos, the effects of asbestos on the body and any other topics related thereto. Additionally, he may testify concerning Plaintiffs increased risk, if any, of mesothelioma and other malignancies as a consequence ofhis exposure to asbestos. He may also testify that Plaintiffs injuries, if any, and their relation, if any, to asbestos or to other factors. -26- Dr. Holcomb may also testify as to his review of chest x-rays. Additionally, he may testify concerning occupational diseases, generally, and asbestos-related disease, specifically. He may testify concerning Plaintiffs increased risk, if any, of developing an asbestos-related cancer as a consequence of his exposure to asbestos. Dr. Holcomb may testify about the pulmonology aspects of asbestos exposure, criteria relating to diagnosis, including such matters as dose response, progression, and risk of cancer. He will testify about cancer risk in relation to asbestos exposure, dose response principals, etiologic aspects of asbestos and malignancy, attribution and apportionment of causation. He will testify about various studies and cancer risk including refinery, shipyard, and others. Dr. Holcomb further is expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the appearance ofchest radiographs in populations who also are alleged to be exposed to asbestoscontaining products and, additionally, concerning how the effects ofinhaled tobacco smoke and other factors can confound the appearance and/or result of radiographic studies. He will also testify about the etiology of fibrotic lung disease, pulmonary aspects of asbestos caused or related disease processes and phenomenon, and the diagnosis, prognosis, measurement of impairment and causation of lung diseases from the pulmonologist perspective. He will testify about related disease and progression. Beyond these matters, Dr. Holcomb is a witness appearing after the testimony of Plaintiffs expert at trial, in some measure his testimony may be responsive to evidence presented by the Plaintiff and cannot therefore be specifically predicted. Venessa Holland, M.D., MPH, P.A. Environmental Pulmonary Consultants 7515 South Main Street, Suite 670 Houston, Texas 77030 (713) 799-2224 Dr. Holland is a specialist in the area of respiratory diseases. Dr. Holland may testify as to all matters pertaining to her examination ofplaintiffand/or review ofplaintiff s medical records, x-rays, and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiffor plaintiffs family members; the diagnostic criteria used'to diagnose asbestos-related diseases; her opinions as to the existence ofasbestosrelated disease and the basis of such opinions; plaintiffs medical conditions; her prognosis with regard to such medical conditions; and, if applicable, her opinions as to the cause of death. Dr. Holland 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 plaintiffspecifically. Dr. Holland may testify concerning her examination and diagnosis of the physical condition of plaintiff and the relationship, if any, of such condition to plaintiffs exposure, if any, to asbestos. Dr. Holland may also testify regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory system, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos fiber and the effect of exposure to substances other than asbestos in the development and manifestation ofdisease of the respiratory system; the methods ofdiagnosis -27- and means of establishing the differential diagnosis of asbestos-related disease with non asbestos-related diseases; the incidence of lung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effects on the lungs; the difference between impairment and disability; the effect of asbestosis 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. Also, Dr. Holland May testify as to any issues raised by plaintiffs' experts within her field of expertise. Dr. William G. Hughson UCSD Center for Occupational & Environmental Medicine 3500 Fifth Ave., Ste., 102 San Diego, California 92103-5020 Dr. Hughson is board certified in pulmonology, internal medicine, and occupational medicine. Dr. Hughson also is an epidemiologist. Dr. Hughson practices medicine at the University of California, San Diego. Dr. Hughson is expected to testify about certain encapsulated products (where the asbestos fibers are throughly blended and mixed with the encapsulating binder which prevents a significant release of fibers) in that he has reviewed information and studies regarding exposure levels experienced with certain work practices used with encapsulated products, and is familiar with the literature concerning low level exposures. Dr. Hughson is expected to testify, based upon his review of the literature and of evidence of exposure, that exposure to certain encapsulated products was not a substantial contributing factor to plaintiffs' alleged asbestos-related disease. Dr. Hughson is expected to testify that the literature does not support a causal relationship between exposure to certain encapsulated products and the development of an asbestos-related disease. Dr. Hughson is expected to testify as to the ability of various types of fibers to cause disease and the properties of fibers that are believed to be necessary in order to cause disease. Dr. Hughson is expected to testify generally about the pulmonary aspects of asbestos exposure, including matters such as dose response. Dr. Hughson is expected to testify about alleged occupational exposure and whether such exposure could be considered a substantial contributing factor to plaintiffs' alleged diseases. Dr. Hughson is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Hughson is expected to testify as to the information necessary to determine the risks for a group ofpeople or persons contracting an asbestos-related disease, and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Hughson is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. In addition, Dr. Hughson may testify about issues relevant to a Daubert/Havner/Robinson Analysis. -28- Dr. Robert Jones Tulane University Medical Center 2430 Tulane Avenue New Orleans, LA Dr. Jones is a specialist in pulmonary medicine. Dr. Jones is a pulmonologist who is currently a staff physician at Tulane Medical Center Hospital and a Professor of Medicine at Tulane University School of Medicine in New Orleans, Louisiana. Dr. Jones is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Jones may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestosrelated markers and diseases, and the risks associated with developing cancers. Dr. Jones is also expected to testify about any matter raised by experts called by the Plaintiffs or Co-Defendants including, but not limited to, plaintiffs' medical condition, the state ofmedical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Dr. Gerald R. Kerby Kansas University Medical Center Pulmonary Division Kansas City, Kansas 66103 Dr. Kerby is a pulmonologist at Kansas University Medical Center. He will testify regarding general pulmonary physiology and medicine, including lung cancer and mesothelioma. It is his opinion that, although asbestos may be found in the lung tissue, mesothelioma may not be caused by that asbestos. Dr. Marvin Kuschner Dean, Medical School Health Sciences Center SUNY, Stony Brook Stony Brook, N.Y. 11794 Dr. Kuschner is a pathologist. He will testify about the evolution of the pathology regarding asbestos, the evolution of the pathology regarding lung cancer, potential explanations for the development ofcancer, and other questions. Dr. Kuschner may also testify about "State-of-the-Art" matters as they relate to asbestos associated diseases. Arthur Langer, Ph.D. Institute of Applied Sciences Brooklyn College of the City University New York, New York (718) 951-4793 Dr. Langer is a mineralogist with a Ph.D. from Columbia University. He is a Professor ofmineralogy at City University, New York, New York and Director of the Environmental Sciences Laboratory of the Institute of Applied Sciences a Brooklyn College of the City University of New York. -29- Dr. Langer is expected to identify and describe the various methods by which inorganic material from aerosols, bulk samples or tissue may be analyzed chemically, crystallographically and structurally. Dr. Langer is expected to testify about the various types of asbestos fiber, the geographic locations where the fibers can be found, the potential biologic activity of the various fibers in the human lung (including inorganic toxicity), the physical and chemical characteristics of the various asbestos fibers, and the identification and characterization of asbestos fibers. Dr. Langer is expected to testify as to the types of inorganic minerals found in the lung tissue ofpersons with malignant mesothelioma and which are associated with the incidence ofmalignant mesothelioma in humans. He is expected to identify the types of fibers that have been shown to create an increased risk for malignant mesothelioma. Dr. Langer is expected to testify as to the physical and chemical characteristics of the fibers that have been shown to create an increased risk of malignant mesothelioma. Dr. Langer is expected to testify as to the potential for certain finished asbestos containing products to be contaminated with inorganic minerals and the amounts ofthe types oftrace contaminants that may be found in the products. Dr. Langer is expected to offer testimony as to the amount of contaminants that are found in finished asbestos-contaminated products, if any, and the chemical, crystallographic and structural composition of the contaminants that can be generated from a finished product, if any. Dr. Langer is expected to testify, based upon his review of the literature and of evidence of exposure, that exposure to certain encapsulated products did not result in a release of any contaminants sufficient to cause disease in persons such as plaintiffs decedent. Dr. Langer is expected to testify that his work and the literature, do not establish that certain encapsulated products are contaminated with tremolite asbestos. Dr. Langer may review the pathology, slides and other records available in this case and perform a fiber burden analysis. Dr. Langer will report on his findings as to whether there could have been an occupational exposure to asbestos. In addition, Dr. Langer may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Richard J. Lee, Ph.D. R.J. Lee Group, Inc. 350 Hochberg Road Monroeville, PA 15146 Dr. Lee is expected to testify about the development of scientific knowledge and techniques regarding the measurement of levels of asbestos in the air and in lung tissue. Dr. Lee may comment upon techniques used by plaintiffs' experts to generate and analyze air, dust and lung tissue samples and conclusions drawn therefrom. Dr. Lee may also testify concerning the propensity of gasketing materials to release fibers and the specific fiber levels generated therefrom during normal use. Daniel Lehane, M.D. 6550 Fannin, Suite 2225 Houston, Texas 77030 (713)790-0257 Dr. Lehane is a oncologist who may have reviewed applicable pathology, x-rays, and/or records on Plaintiff. -30- Dr. Lehane may also have performed various studies, including staining, digestion, etc... to the extent that he will be used on any individual plaintiff, he has or will have issued a report and/or supplemental reports stating his findings and conclusions. He is expected to testify regarding his stated findings and conclusions. Additionally, he may testify about oncology, general asbestos medicine (including asbestos medical literature), and medicine in general. Larry R. Liukonen, CIH,, CSP 5990 Scandia Lane Burleson, X 76028 (817) 453-0382 Mr. Liukonen is a certified industrial hygienist. He will offer opinions based on information provided, his education, knowledge of asbestos and asbestos related diseases, industrial hygiene and experience as a practicing industrial hygienist. In addition, he may offer opinions that exposure to asbestos fibers resulting from the use or removal of gasket or packing material is none or alternatively insufficient to cause or contribute to any asbestos related disease. James E. Lockey, M.D., M.S. Institute of Environmental Health University of Cincinnati Medical Center Clinical Studies Division 5251 Medical Science Bldg., M.L. 182 231 Bethesda Ave. Cincinnati, Ohio 45267-0182 Dr. Lockey is a pulmonologist who is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases, and the risks associated with developing cancers. Dr. Lockey is also expected to testify about any matter raised by experts called by the Plaintiffs and Co-Defendants including, but not limited to, plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Dr. Lockey may also be expected to testify concerning the state of the available medical knowledge regarding asbestos related disease at the relevant historical periods of time. Included in his testimony will be discussion of the respiratory system, asbestos-related disease, and the effect of other substances on the respiratory system. Dr. Lockey will give factual testimony concerning his knowledge ofrelevant facts, as well as, an express opinions within his field of knowledge. He may also provide opinions on the probably time period(s) of asbestos exposure with relation to the causation of the disease mesothelioma. In doing so, he will also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. As a basis for opinion, he will rely in part upon scientific papers published by Peto, Seidman and Selikoff, Morgan and Lampshear, among others. Jeremiah Lynch, C.I.H. 25 Waterman Avenue Rumson, New Jersey Mr. Lynch is a Certified Industrial Hygienist. Mr. Lynch will testify generally as to his background, training, -31- and experience. Mr. Lynch will testify as to the methods and procedures involved in industrial hygiene, the methods and procedures utilized in the collection ofairborne asbestos samples, including fiber measurements and counting techniques, and the use of industrial hygiene methods to control worker exposure to airborne asbestos dust. Mr. Lynch will further testify concerning threshold limit values, the various threshold limit values for asbestos exposure, the basis for the original threshold limit value and its subsequent changes. Mr. Lynch will further testify concerning the setting and implementation of asbestos exposure limits by OSHA, and the subsequent changes to those limits, and OSHA regulations pertaining to Plaintiffs workplace at various times. Mr. Lynch may also testify concerning the industrial hygiene programs implemented by Plaintiff s employer at various times, and how those programs compared to the industrial hygiene standards at various times. Mr. Lynch will further testify with regard to the effectiveness of the industrial hygiene program at Defendant as compared to the various standards applicable at different times. Mr. Lynch may also testify as to the asbestos exposures which Plaintiff would have had at various times during his employment history. Mr. Lynch will also testify with regard to environmental exposures to airborne asbestos experienced by millions of Americans for which there is no epidemiological evidence of disease. Mr. Lynch may offer such other opinions as may become necessary to rebut the opinions of Plaintiffs experts. Mr. Lynch will base his testimony on the available medical and scientific literature, applicable statues and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by Defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by Defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. Ernest Mastromatteo, M.D. 19 Carey Road Toronto, Ontario, Canada M4S1N9 Dr. Ernest Mastromatteo is a medical doctor specializing in occupational and environmental health. He is currently Professor Emertis, Occupational and Environmental Health, University of Toronto and selfemployed as a consultant in Occupational and Environmental Health. Dr. Mastromatteo received his Doctor of Medicine degree from the University of Toronto in 1947. He received a Diploma in Public Health from the University ofToronto in 1590 and a Diploma in Industrial Health from the University ofToronto in 1958. In 1958, Dr. Mastromatteo was certified in Occupational Medicine by the American Board of Preventive Medicine. In 1981, Dr. Mastromatteo was certified in Occupational Medicine by the Canadian Board of Occupational Medicine. From 1949 to 1952, Dr. Mastromatteo served as the Medical Director of the Virden Local Health Unit, Virden, Manitoba. In 1952, Dr. Mastromatteo commenced employment as a physician and consultant with the Ontario Ministry of Health. In 1968, he became the Director of the Division of Occupational and Environmental Health of the Ontario Ministry of Health. He remained in that position until 1974. From 1966 to 1974, Dr. Mastromatteo also served as Consultant in Occupational Diseases to the Ontario Workers' Compensation Board. From 1968 to 1974, Dr. Mastromatteo was a part-time professor at the University of Toronto and from 1972 to 1974, he was Professor and the Head of the Department of Occupational and Environmental Health of the University of Toronto. In 1974, Dr. Mastromatteo became Chief ofthe Occupational Health and Safety Branch ofthe International Labour Office ("ILO") in Geneva, Switzerland. He remained in that position until 1976. Froml976to 1985, Dr. Mastromatteo was employed as Director of Occupational Health for Inco Limited, Toronto, Canada. From 1985 to 1994, Dr. Mastromatteo was employed as the Program Director, Occupational and Environmental Health, of ORC Canada Inc., Toronto, Canada. During that period, from 1985 to 1990, Dr. -32- Mastromatteo also served as a consultant to the Occupational Health Policy Branch ofthe Ontario Workers' Compensation Board. From 1976 to present, Dr. Mastromatteo has served as an Honorary Consultant to the Occupational Health Clinic of St. Michael's Hospital, Toronto, Canada. Dr. Mastromatteo is a member of the Ontario Medical Association and Chaired the Section on Occupational Health and the Committee on Public Health. He is a member of the Canadian Medial Association. Dr. Mastromatteo was elected to the Ramazzini Medical Society in 1968 and has been a member of the International Commission on Occupational Health since 1968. Dr. Mastromatteo is an Honorary Lifetime Member ofthe American Conference ofGovernmental Industrial Hygienists ("ACGIH"). Dr. Mastromatteo has served as a member of the ACGIH Threshold Limit Value ("TLV") Committee since 1964. He was Chair of the TLV Committee from 1985 to 1990 and President of the ACGIH for the 1969-1970 term. Dr. Mastromatteo has received numerous honors and awards in the field of occupational medicine. Among his other awards, in 1981, he received the Stokinger Award for Scientific Contributions to Occupational Toxicology in the United States. In 1986, he received the Yant Award for Scientific Contributions to Industrial Hygiene in the United States. In 1987, Dr. Matromatteo received the Rnudsen Award for his contributions to Occupational Medicine in the United States. In 1987 he was also inducted into the Safety and Health Hall of Fame International. Dr. Mastromatteo will further testify that as a long-standing member of the American Conference of Governmental Industrial Hygienists Threshold Limit Value Committee, he is familiar with that organization's criteria for establishing threshold limit values. In setting those thresholds, the ACGIH examines all of the available evidence and bases its decision on the weight of evidence. As such, the ACGIH examines the studies and evaluates those studies based on their methodology and scientific reasoning. Based on its review of the best medical evidence, the ACGIH set its first threshold limit value for asbestos in 1946 and has changed it from time to time where the medical evidence has warranted such a change. Dr. Mastromatteo will testify as to the threshold limit value at different points in time and the medical knowledge that was available to the ACGIH concerning the health effects of asbestos. Dr. Mastromatteo will further testify that Occupational Safety and Health Administration ("OSHA") does not rely on the weight of evidence but sets its PEL based on a different control strategy. OSHA determines a safe level then sets the permissible exposure limit ("PEL") by adding factors of between ten (10) and one hundred (100) times. OSHA has set the PEL for all types of asbestos at 0.1 f/cc. That level of exposure is many times below the level of exposure which one would expect to cause disease in the average worker. Dr. Mastromatteo will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by Defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by Defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. Wallace T. Miller, M.D. 3400 Spruce Street Philadelphia, PA Dr. Miller is board certified in radiology. Dr. Miller is also a NIOSH certified B Reader. Dr. Miller will testify generally as to his background, training and experience. Dr. Miller will testify as to his knowledge ofradiology and its application in assisting the diagnoses ofasbestos-related diseases. He will further testify as to the general medical issues concerning the development, cause, and diagnosis ofasbestos-related disease and/or other diseases that may mimic asbestos-related diseases radiographically. Dr. Miller will testify as -33- to his review ofPlaintiffs medical and radiological records, reports and/or films. He will testify concerning whether they are diagnostic ofasbestos-related disease, including asbestosis or other asbestos-related pleural conditions. Dr. Miller may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports of other experts named or to be named by Defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by Defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. Defendant reserves the right to seek leave of court to call experts who are substituted for experts on this list who become unavailable. Defendant further reserves the right to call additional expert witnesses for the purpose of rebuttal or impeachment, if necessary at the time of trial. Stacy Mills University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg. Charlottesville, Virginia 22908 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Mills has not as yet prepared a report; if she does, a copy will be provided to Plaintiffs. Dr. Mills is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the response of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lungs. Dr. Mills is expected to describe and distinguish various types of asbestos fibers; to describe the tings which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Mills will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results oflong term inhalation and retention of some forms of asbestos fiber. Dr. Mills is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types ofasbestos 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 population and the mortality and/or incidence of some forms of cancer. Dr. Mills is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence ofdisease in populations who are also alleged to be exposed to asbestos containing products, and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Mills is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that -34- 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 ofprotective equipment, specific types ofasbestos 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 condition are found to exist. It is further expected that Dr. Mills' testimony will generally respond to the pathologic scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependant upon the prior testimony of such experts and cannot be specifically predicted. In addition, Dr. Mills may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Dr. W.K.C. Morgan Chest Disease Unit University Hospital 339 Windermere Road P.O. Box 5339, Postal Station A London, Ontario N6A 5A5 Dr. Morgan is a pulmonologist. He will testify about the evolution ofasbestos disease, the diseases involving cigarette smoking, and other diseases which are often seen in association with either of the foregoing. Dr. Morgan is a professor of medicine and director of chest diseases services at the University of Western Ontario. He was educated in England and Scotland, and among other appointments is a member of the Advisory Board for Occupational Health and Safety Resource Centre at the University of Western Ontario. Dr. Morgan may testify live or by deposition concerning the state of the available knowledge regarding asbestos-related disease at the relevant historical periods of time. Dr. Morgan may also testify concerning current medical knowledge regarding plaintiffs condition and asbestos-related disease. Dr. Brooke T. Mossman Pathology Department Medical Alumni Building Room A151, University of Vermont Burlington, Vermont 05405 Dr. Mossman is a Ph.D. who engages in research in Burlington, Vermont, where she is associated with the university of Vermont. She has performed substantial research into questions relating to the interaction between human lung tissue and asbestos. Specifically, she has performed in vitro studies on human lung tissue and asbestos both within and without the presence of cigarette carcinogens. She will testify about that research and her conclusions and opinions related thereto. -35- John A Pendergrass, CIH, CSP, PE 6700 Milkhouse Court Mobile, AL 36695 (334) 607-0946 Mr. Pendergrass is a certified industrial hygienist who will testify from an industrial hygiene point of view, the state ofthe medical and scientific knowledge regarding asbestos particularly in regard to the time period involved during which the Plaintiffwas allegedly on the premises ofDefendant. The subject matter will also include the use of asbestos during this time period, its importance, the lack of substitute products, the employer's responsibility pre and post OSHA. He will also testify as to the role of manufacturers as suppliers of asbestos products and their responsibility to provide premises owners with knowledge of the known hazards of the products they were selling and installing to the end users, the premises owners. He will also testify that based on the state of the knowledge and judgment as it has developed over the time that premises owners acted appropriately in the circumstances. Mr. Pendergrass will also testify based on certain Defendant's industrial hygiene monitoring results concerning the expected levels of exposure to be experienced at those facilities. Jack E. Peterson, P.E. Peterson Associates 2830 Via Viejas Oeste Alpine, California 91901 (619) 445-9668 Dr. Peterson will testify in the field of industrial hygiene and the state ofknowledge as it existed from time to time relating to the health effects of asbestos exposure. Dr. Peterson will testify concerning industrial hygiene issues including threshold limit values, historical review and state of the art ofpulmonary medicine and asbestos-related conditions. He may also provide opinions on the probable time period(s) of asbestos exposure with relation to the causation of the disease mesothelioma. In doing so, he will also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. As a basis for his opinion, he will rely in part upon scientific papers published by Peto, Seidman and Selikoff, Morgan and Lampshear, among others. Sheldon Rabinovitz Sandler Occupational Associates 966 Hungerford Dr., Suite 20 Rockville, MD 20852 The following statement of expected testimony has been prepared by counsel to comply with the expert witness disclosure requirements under Georgia Law. The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Rabinovitz has not prepared a report for this case. Defendant is not aware of all of the areas of testimony or proof that plaintiff intends to produce at trial and, therefore, defendant cannot proffer all expected testimony until it has had the benefit of reviewing all of 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, defendant reserves the right to supplement this statement. -36- Dr. Rabinovitz is a certified industrial hygientist and toxicologist. He is employed at SOMA, and is a past employee of EPA and NTOSH. A copy of his C.V. will be provided. Dr. Rabinovitz is expected to testify about the principles of industrial hygiene and the factors that are important to industrial hygiene studies both currently and historically. He is expected to testify as to the manner in which experts can use current and historical industrial hygiene data and how the data should be interpreted in specific cases. Dr. Rabinovitz has reviewed available documents, depositions, and exhibits withrespectto Armstrong World Industries, Inc., and is expected to testify as to the reasonablesness of the industrial hygiene practices employed by AWI in the past to protect its workers. Dr. Rabinovitz is familiar with the historical state of the art practices and the information available in the medical and scientific literature. Dr. Rabinovitz is expected to testify as to the reasonableness of the industrial hygiene practices employed by AWI in relation to the historical knowledge of the scientific and medical communities. Dr. Rabinovitz is expected to testify that in the past AWI acted reasonable in the manufacture and sale of its products. James Rasmuson Chemistry and Hygiene, Inc. 4251 Kipling Suite 110 Wheat Ridge, Colorado 80033 Mr. Rasmuson is expected to testify in the areas of industrial hygiene and toxicology, including without limitation, retrospective exposure assessment, health risk assessment, substantial exposure factors, the relative and absolute exposure potentials ofvarious asbestos products to produce dust, industrial hygiene and environmental standards and their basis, control technology and process specific aspects of exposure, analytical chemistry, chemistry, asbestos related measurement techniques, general industrial hygiene issues including the effects of ventilation and distance on exposure, and related subjects. He may also testify on the state of the art in the fields of industrial hygiene and toxicology concerning occupational and nonoccupational asbestos exposures in earlier years. He may also calculate the possible percentage ranges of asbestos exposure from products. He may calculate the probability that any plaintiffwould have contracted disease in the absence of exposure to various products. He may also perform other appropriate risk calculations and compare a plaintiff s alleged exposure to the industrial hygiene standards ofthe alleged time period. He may render various opinions relevant to Daubert/Havner/Robinson analysis. Dr. Joseph J. Renn Internal Medicine Associates, Inc. 99 J.D. Anderson Drive Morgantown, WV 26003 Dr. Renn is a pulmonologist. In addition to case specific testimony where applicable, he will testify generally about medical matters related to the chest, asbestos-related diseases, diseases which are related to cigarette smoking, and other pulmonary problems which are often seen either independently or in association with any of the foregoing. Dr. Renn may also testify about the medical literature and its related matters. -37- Dr. Nathaniel F. Rodman West Virginia University School of Medicin Office of the Chairman Department of Pathology, Room 2187 Morgantown, West Virginia 26506 Dr. Rodman is a pathologist. He will testify about the evolution of asbestos disease, diseases related to cigarette smoking, and diseases which were seen often, but not necessarily, in relation to the foregoing. Victor L. Roggli, M. D. Department of Pathology Duke University, Medical Center Durham, North Carolina 27710 (919) 286-0411 Dr. Roggli is a specialist in pulmonary pathology. He will testify as to all matters pertaining to the plaintiffs medical records; his examination of the plaintiff if he has made such an examination; if he has personal knowledge ofsuch and any communication with the plaintiff or plaintiffs family; his review ofx-rays ofthe plaintiff; the diagnostic criteria used to diagnose an asbestos related disease; his opinion as to whether plaintiff suffers from asbestos related diseases and the basis for such opinion; plaintiff s current medical condition and prognosis; and he may testify that asbestos exposure does not cause stomach or small bowel cancer. It is further expected that Dr. Roggli'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. Roggli 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. 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 of plaintiff and/or review of plaintiffs medical records, x-rays, and reports and supplemental reports ofplaintiffs ' experts; any communications with plaintiffor plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related 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 of plaintiff and the relationship, if any, of such condition of plaintiffs exposure, if any, to asbestos. Dr. Ross may also testify regarding the anatomy and function of the respiratory and circulatory systems; the -38- symptomatology, disease process and diagnosis of asbestosis and cancer of the 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 of exposure 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 asbestos-related diseases; the incidence of lung 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 of asbestosis 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 testily about issues relevant to a Dauber/Havner/Robinson Analysis. Dr. Jonathan M. Samet Pulmonary Division Department of Medicine University of New Mexico Albuquerque, NM 87131 Dr. Samet is an internist and epidemiologist. He is expected to testily generally about the relationship between asbestos, cigarette smoking and lung cancer, and generally about the epidemiology of disease. Dr. Robert Sawyer 149 Prospect Avenue Guilford, CT 06437 Dr. Sawyer is an industrial hygienist who is expected to testify regrading liber release from various products, threshold limit values, and dose values for disease. Dr. Sawyer may further testily, in general, concerning asbestos related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos related diseases and the criteria for diagnosis of any asbestos related disease. He may also testify regarding the existence or non-existence of any asbestos related disease in the plaintiffs, including, but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testily on whether any asbestos related disease allegedly suffered by plaintiffs was medically or proximately caused by exposure to asbestos containing gasket and packing products. He may also testily 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 plaintiffhas 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 diseases or conditions are present in plaintiffs. Dr. Sawyer's testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos related disease. -39- Dr. Robert Shephard University of Texas Medical Branch at Tyler 11937 U.S. Hwy 271 Tyler, Texas (903) 877-7100 Dr. Shephard is a "B" reader and may testify regarding the radiographs ofthe Plaintiffs. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiffs experts' claims and related topics. Dr. Russell P. Sherwin Department of Pathology USC School of Medicine Los Angeles, California 90033 (323) 224-5253 Dr. Sherwin may also testify in the field of pulmonary medicine and the results of his examination of the records and radiographs regarding Plaintiffs. He will testify as to whether the alleged injuries of the Plaintiffs can be attributed to asbestos exposure or not, based on the medical and scientific literature. Upon review ofPlaintiffs' medical records and pathology materials, Dr. Sherwin may testify about Plaintiffs' medical conditions and its causes. His testimony may include a discussion of asbestos and its effects on human health generally and on the Plaintiffs' conditions specifically and the effect of other substances on human health generally and on the Plaintiffs' condition specifically. Dr. Sherwin may testify regarding the increased risk of cancer faced by individuals who smoke cigarettes or other tobacco products and the link between smoking and cancer. He may testify about the relationship between asbestos exposure and cancer and the methods by which it can be determined whether a particular cancer is related to asbestos exposure. He may apply these principles to Plaintiffs' cases. Sidney Shindell, M.D., LLB Medical College of Wisconsin 8701 Watertown Plank Road Milwaukee, Wisconsin 53226 Dr. Shindell is a physician. He will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "Non-Routine"; the "state-of-the-art" of asbestosrelated diseases; and, will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas, and related matters. Dr. Shindell will testify about his personal experience in the development of the history of asbestos related medicine and the medical literature and his impressions of 1964 being a "watershed" as it relates to asbestos disease. Dr. Shindell will testify regarding the differing physical, chemical and biological properties ofvarious types of asbestos fibers, and will explain to the jury that chrysotile fibers are incapable of causing, or unlikely to have caused, plaintiffs' alleged condition. Dr. Shindell may provide testimony in the following areas: 1. Anatomy and function of the respiratory and circulatory systems and the diagnosis and -40- treatment of disease affecting such systems; 2. The nature of asbestos and asbestosis; 3. The symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system peritoneum and peritoneal cavity; 4. The nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances other than asbestos, such as tobacco, on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. Methods of diagnosis ofvarious diseases, particularly means ofestablishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. The import ofany exhibit (including without limitation, corporate documents ofdefendants) introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 9. Cigarette smoking and its effect on the lung and other organs; 10. The relative danger of these defendants' asbestos-containing products; 11. The relationship of cigarette smoking to cancer of the lung and cancers of the other sites with reference to epidemiological studies and physiologic effect; 12. Difference between impairment and disability; 13. Effect of asbestos, or asbestos exposure without asbestos, on disability and life expectancy; 14. Effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; 15. The relative carcinogenicity of chrysotile asbestos relative to the other forms of asbestos; Dr. Shindell is expected to testify as to the ability of various types of fibers to cause disease and the properties of fibers that are believed to be necessary in order to cause disease. He is expected to testify that Chrysotile asbestos fibers are not expected to produce an increase risk to mesothelioma Dr. Shindell is expected to testify about certain encapsulated products (where the asbestos fibers are thoroughly blended and mixed with the encapsulating binder which prevents a significant release of fibers) in that he has reviewed information and studies regarding exposure levels experienced with certain work practices used with encapsulated products, and is familiar with the literature concerning low level exposures. -41- Dr. Shindell is expected to testify, based upon his review of the literature and of evidence of exposure, that exposure to certain encapsulated products was not a substantial contributing factor to plaintiffs' alleged asbestos-related disease. Dr. Shindell is expected to testify that the literature does not support a causal relationship between exposure to certain encapsulated products and the development of an asbestos-related disease. Dr. Shindell is expected to testify generally about the pulmonary aspects of asbestos exposure, including matters such as dose response. Dr. Shindell is expected to testify about alleged occupational exposure and whether such exposure could be considered a substantial contributing factor to plaintiffs' alleged diseases. Dr. Shindell is expected to testify that as exposure to asbestos have diminished since the inception of the OSHA standards, the extent and number of cases of asbestosis have been and are expected to continue to diminish. Dr. Shindell is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies ofparticular groups or occupations of people are not necessarily applicable to other groups of occupations. Dr. Shindell is expected to testify as to the information necessary to determine the risks for a group ofpeople or persons contracting an asbestos-related disease, and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Shindell is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. Dr. Shindell is expected to testify that cigarette smoking is the chief cause of lung cancer, that almost all of the lung cancers in America occur in present or ex-smokers, and that one cannot develop lung cancer related to asbestos exposure unless there is underlying asbestosis. Dr. Shindell is expected to testify that the earlier exposure to asbestos are, if sufficient, the principal cause of the disease and not later exposures. Dr. Shindell is expected to testify that in at least 33% ofmesotheliomas, asbestos exposure cannot be found. Dorsett Smith, M.D. 4310 Colby Avenue Everett, Washington 98203 Dr. Smith received his Bachelor ofArts degree from Colgate University in 1959 and his medical degree from the University of Pennsylvania Medical School in 1963. Dr. Smith is board certified in internal medicine with a subspecialty certification in pulmonary disease. Dr. Smith has taught medicine at Johns Hopkins Hospital and the University of Washington Hospital for many years through the .present. Dr. Smith is a NIOSH certified "B" reader and is fellow of the American Thoracic Society, the American College ofChest Physicians, the American college of Occupational and Environmental Medicine and other professional organizations reflected on Dr. Smith's curriculum vitae , which was provided by Foster and Sear in connection with Defendant Celanese Ltd's Designation of Expert Witnesses filed in the Dotson case on March 20, 2001. Dr. Smith will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various asbestos fiber types, the potential for asbestos-related disease as a result of exposures to the different types of fibers and the relationship, if any, between asbestos and various illnesses. Dr. Smith will also testify regarding the general pulmonary aspects ofasbestos exposure, including -42- matters such as dose response, latency and the required fiber burden associated with asbestos-related illnesses. Dr. Smith is expected to testify about alleged occupational exposure as described by plaintiff and plaintiffs witnesses and whether, based on his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, whether any exposure at a facility owned or operated by Defendant could be considered a substantial contributing factor to plaintiffs alleged disease. Dr. Smith has personal knowledge of certain relevant facts but also possesses general expertise in his field based upon specialized knowledge, skills and training. Based upon his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, Dr. Smith will provide historical state-of-the-art testimony on the gradual development of knowledge within the medical profession about the various diseases associated with asbestos and about the asbestos exposure levels thought to be associated with each disease. Dr. Smith will testify regarding the reasonableness of Defendant's historical usage and control of asbestos in its workplace from a medical standpoint based on the information available in the general medical literature and on the types of preventative measures considered by the general medical community as appropriate in the different decades from 1900 through the present. Dr. Smith is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations ofpeople are not necessarily applicable to other groups or occupations. Dr. Smith is expected to testify as to the information necessary to determine whether a group ofpeople are at risk ofcontracting a particular asbestosrelated disease, and whether it is scientifically possible to attribute a disease to a particular exposure. Dr. Smith is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the evidence in this case and to the plaintiff. Dr. Smith may testify regarding plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as the diagnosis and prognosis of asbestosrelated markers and diseases, and the risks associated with developing cancers. Dr. Smith is also expected to testify about any matter raised by experts called by plaintiffor any co-defendant, including but not limited to plaintiff s medical condition, the state ofmedical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Mr. John W. Spencer, CIH, CSP Environment Profiles, Inc. 813 Frederick Baltimore, Maryland 21228 Mr. Spencer will testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. Gail D. Stockman, M.D., Ph.D. Longview Pulmonary Consultants 703 East Marshall, Suite 4002 Longview, Texas 75601 (903)753-0787 Dr. Stockman is a specialist in the area of respiratory diseases. Dr. Stockman may testify as to all matters -43- pertaining to her examination ofplaintiffand/or review ofplaintiff s medical records, x-rays, and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiff or plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether plaintiffsuffers from asbestos-related disease and the basis of such opinions; plaintiff s medical conditions; her prognosis with regard to such medical conditions; and, if applicable, her opinions as to the cause of death. Dr. Stockman 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. Stockman may testify concerning her examination and diagnosis of the physical condition ofplaintiff and the relationship, if any, of such condition of plaintiffs exposure, if any, to asbestos. Dr. Stockman may also testify regarding the anatomy and function ofthe respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory systems, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos fibers and the effect of exposure to substances other than asbestos in the development and manifestation ofdiseases ofthe respiratory system; the methods ofdiagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related diseases; the incidence of lung 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 of asbestosis on disability and life expectancy; the history of evolution and knowledge of asbestos-related diseases; and the evolution ofthe medical community awareness of the increased risks for asbestos-related disease in cases of prolonged exposure. Dr. Stockman may testify regarding the historical review and state of the art of pulmonary medicine and asbestos-related conditions; the state ofscientific and medical art and the history and knowledge ofasbestosrelated disease in general; and epidemiology and general medicine regarding asbestos exposure. Dr. Stockman may provide opinions on the probable time period(s) of asbestos exposure with relation to the causation of various disease processes. In doing so, Dr. Stockman may also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. In addition, Dr. Stockman may offer opinions relevant to a Daubert/Havner/Robinson Analysis. Hans Weill, M.D. Tulane University - School of Medicine 1700 Perdido Street Second Floor New Orleans, Louisiana 70112 Dr. Weill is a pulmonary specialist. Dr. Weill will testify generally about asbestos-related diseases and diseases ofthe lungs, chest, respiratory system and other organs ofthe body. He may offer general testimony relating to cigarette smoking, cancer of various organs, cancer risk 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 the causation ofdisease. He may also testify as to state-of-the-art medical as it relates to knowledge ofhealth hazards associated with exposure to asbestos-containing 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' medical condition by relating these general principles to plaintiffs' or plaintiffs' decedents' 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 -44- asbestos upon person 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, including but not limited to pleural plaques, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos related disease allegedly suffered by plaintiffs 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 ofcancer 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 ofpulmonary function testing, the nature and extent of any impairment or disability, whether the condition is progressive and whether other disease or conditions are present in plaintiffs. Dr. Weill's testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos related disease. In addition, Dr. Weill may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Dr. Frank Weir 14334 Schroeder Road Houston, TX 77070-3232 (832) 237-7502 Dr. Weir is expected to testify in the field ofpharmacology, toxicology and industrial hygiene, generally, and particularly as they relate to asbestos fiber exposure in various work places. Also may offer testimony that it is improbable, and scientifically unlikely that plaintiffever received physiologically meaningful exposures to asbestos fibers. He may also testify regarding the knowledge of the toxicology and appreciation for the hazards relating to the use of asbestos-containing materials at various intervals of time that are of interest in this matter. Dr. Weir may also respond to testimony of certain witnesses offered at the time of trial. He, therefore, reserves the right to supplement, amend or to otherwise modify the opinions to be offered accordingly. He will continue to review material which may come to his attention regarding this material. Dr. Weir may utilize this material to develop additional opinions and conclusions or modify his opinions and conclusions if such further evidence of information so warrants. Dr. Weir may testify as to state-of-the-art of the hazards of asbestos insulation products and the conduct of various industries and companies based on that knowledge. The Plaintiffs are in possession of deposition and trial transcripts in which many of Dr. Weir's opinions have been fully explored. Dr. Weir has personal knowledge of relevant facts but is also an expert based upon his specialized knowledge, skills, and training. Dr. Weir may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the nature ofthe working environment in such locations. He may testify about his knowledge ofthe composition and asbestos content, if any, of the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use -45- ofrespirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantity which could have substantially contributed to the plaintiffs' alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. His testimony will be based, in part, on the results of testing which he has performed or reviewed for products which are the same or substantially similar to those of which the plaintiffs complain. Dr. Weir may offer the opinion that the exposure to Plaintiff, if any, to asbestos fibers did not exceed the standards applicable to the time period in which Plaintiff claims to have been exposed. Dr. Weir may also offer the opinion that nothing Defendant did or failed to do was negligent, especially given the applicable standards and the state of the knowledge which existed at the time. Dr. Weir's opinions will be based upon his education, experience and professional training, his review of relevant medical, epidemiological, scientific and technical literature, and his review and analysis ofthe case. specific materials provided to him concerning this matter. He may also render various opinions relevant to a Dauber/Havner/Robinson Analysis. Dr. William Weiss 3912 Netherfield Road Philadelphia, Pennsylvania 19129 Dr. William Weiss is expected to testify about the evolution ofasbestos disease, his knowledge ofpulmonary lung disease of all varieties, the "state-of-the-art" ofthe development ofknowledge regarding cigarettes and disease, the relationship between cigarette smoking and pulmonary fibrosis, the nature and evolution ofx-ray work, his knowledge of x-rays as a "b" reader and related matters. Mark Wick University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg., Room 3882 Charlottesville, Virgina 22908 (804) 924-9038 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Wick has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Wick is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning ofthe lung. Dr. Wickis 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. If is further believed that Dr. Wick will define and distinguish various conditions, such as asbestosis, pleural -46- changes and other non-malignant changes that may be attributable in some persons to the results oflong term inhalation and retention of some forms of asbestos fiber. Dr. Wick is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types ofasbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Wick is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence ofdisease in populations who are also alleged to be exposed to asbestos containing products and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Wick is also expected to testify that it cannot be said, to 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 ofprotective equipment, specific types ofasbestos 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. Wick's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. The above designated witnesses may also give testimony about the historical "state-of-the-art", the development of medical knowledge about asbestos, and presence or absence of medical consequences relating to low dose exposure to asbestos emanating from asbestos containing products. They may offer general testimony relating to the development of asbestos related disease, cigarette smoking, cancer of various organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis ofcigarette related diseases, and the pathogenesis ofasbestos related diseases. These witnesses may also testify generally about specific abnormalities that might be in the medical records of the decedent. These witnesses may also testify about the presence or absence of health disease or health risks associated with exposure to low levels of asbestos emanating from asbestos containing products. They may also testify specifically about diseases, such as chronic obstructive pulmonary disease, even though they may not have seen decedent, or reviewed decedent's medical records. Defendant reserves the right to amend and supplement this response as additional information is located. Defendant reserves the right to call any person designated by any other party in this case as an expert witness, whether or not such party is still a party at the time of trial as well as all expert witnesses listed by Plaintiffs, custodians of records of any and all physicians, health care facilities, hospitals, clinics and health care providers who have treated or examined the Plaintiff in this case who may have records concerning the plaintiff, and any physician who has examined and/or treated Plaintiff not identified. -47- Otto Wong, Sc.D., F.A.C.E. Applied Health Science, Inc. 181 Second Avenue Suite 628 San Mateo, CA 94401 Dr. Wong is a Board-certified epidemiologist and a fellow of the American College of Epidemiology. He is expected to testify regarding the history and development of scientific and medical knowledge about asbestos-related disease, the epidemiology of asbestos diseases, and increased risk of cancer and life shortening problems not related to asbestos exposure. He is also expected to testify as to the status of epidemiological studies regarding asbestos-related diseases. -48-