Document mBwL4Bd9G1Z4RpXdO23m2DVMZ

CAUSE NO. 98-07665-F CHARLES ERNEST BAKER, ET AL IN THE DISTRICT COURT VS. DALLAS COUNTY, TEXAS OWENS CORNING, ET AL 116TH JUDICIAL DISTRICT THE EXXON CORPORATION'S SUPPLEMENTAL RESPONSE REQUEST FOR DISCLOSURE TO:"** Plaintiff, Donald McLean, et al by ana through their attorney of record, Ms. Stephanie Finch, BARON & BUDD, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281. , COMES NOW, THE EXXON CORPORATION, one ofthe Defendants in the above styled cause, and pursuant to Rule 194.3 of the Texas Rules of Civil Procedure, files the following Response to Plaintiffs' Request for Disclosure. Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. State Bar No. 12109400 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 DEFENDANT, THE EXXON CORPORATION CERTIFICATE OF SERVICE This will verify that a true and correct copy of The Exxon Corporation's Response 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 8th day of July, 2001. David W. Ledyard 2 REQUESTS FOR DISCLOSURE This Defendant has already responded to a Disclosure Request by Plaintiff. From that response and all supplements thereto are incorporated herein by reference the same, as if fully set forth at length. 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: Donald J. McLean, Sr., Plaintiff 1701 Lobdell, Apartment, #56 Baton Rouge, LA 70806 (225) 927-1559 Donald J. McLean, Jr., Son of Plaintiff 14746 Jester Baton Rouge, LA 70769 (225)751-9449 Sharon Ann Johnston, Daughter of Plaintiff P. O. Box 478 Prairieville, LA 70769 (225) 673-2607 Sandy F. McLean, Daughter of Plaintiff PMB #33 1414 North Burnside Avenue Gonzales, LA 70737 (931)431-4906 James Andrew Reynolds, Co-worker 712 Laurel Creek Drive Lake Hills, TX 78063 (830)612-3076 J. P. Thornton, Co-worker 1405 South Jefferson Street Midland, TX 79701 (915) 682-5816 Clarence A. Peterson, Co-worker 2704 Sweetgum Street 3 194.2(f) Pasadena, TX 77502 (713) 946-6541 Jimmy E. Herrington, Co-worker 1100 Rock Dam Road Marlin, TX 76661 (254) 803-5430 Billy W. Stevens, Co-worker 114 Perth Road Victoria, TX 77904 (361)572-8281 Physicians and staff of: Baton Rouge General Hospital 8585 Picardy Avenue Baton Rouge, LA 70809 Dr. Harry K. Day 8415 Goodwood Blvd. Baton Rouge, LA 70806 Dr. Crayton A. Farguson 5246 Brittany Drive Baton Rouge, LA 70809 Dr. Ronald Sylvest 5120 Dijon Drive, Suite 300 Baton Rouge, LA 70808 Dr. Harold D. Wexler 3804 Convention Street Baton Rouge, LA 70806 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 of the responding party, documents reflecting such information; and 4 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: See attached previously provided to plaintiff's counsel. In addition: 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 of plaintiffs' experts; any communications with plaintiff or plaintiffs 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; 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 symptomatology, disease process and diagnosis ofasbestosis 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 of diseases of the respiratory system; the methods ofdiagnosis and means ofestablishing the differential diagnosis ofasbestos-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 ofthe increased risks for an asbestos-related disease 5 in cases of prolonged exposure. In addition. Dr. Ross may testily about issues relevant to a Dauber/Havner/Robinson Analysis. Dr. Ross's report is attached. Dr. Ross's CV has been provided to plaintiffs counsel in prior litigation, another copy is available is needed. 23752/204739 6 Defendants are not aware ofall ofthe areas oftestimony or proofthat plaintiffintends to produce at trial and, therefore, defendants cannot proffer all expected testimony until they have had the benefit of reviewing 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 or proof, 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. Ifany expert designated herein produces a report, a copy ofthe report will be produced to plaintiff's counsel. Dr. R. C. Austin Faculty of Laws University College London Bentham House Endsleigb 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, plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Stephen M. Ayers, M.D. Medical College of Virginia Box 565 MCV Station Richmond, VA 23298 171845 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 of time. 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 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 ofrelevant facts but is also an expert based upon his specialized 2- - 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 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. 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 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 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 ofLabor 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 3- - 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 of the lung, the responses of the 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 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. 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 of some forms of asbestos 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 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 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 ofwhether a plaintiffwill develop an asbestos related malignancy based on the valid medical and scientific literature. Dr. Barrett is expected to testify concerning the anatomy and function ofthe 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 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 ofvarious diseases, particularly means ofestablishing the differential diagnosis ofalleged 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 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 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. 4- - 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 offiber release, ifany, 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 of products 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 ofrelevant 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 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. 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, 5- - 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 asbestoscontaining 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 aswell 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. Mr. Dohrman Byers, 12060 Lawnview Avenue - #6 Cincinnati, Ohio Mr. Byers' testimony may be presented by way of deposition taken on October 21,1985, in Brandt v. Owens-Illinois, Inc., Case No 605-147, Milwaukee Circuit Court, Wisconsin Mr. Byers testified as to the interpretation and application ofthe 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 Plaintiffs 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. 6- - 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 ofcounsel who prepared the statement, and not of the witness. Dr. Cagle has not as yet prepared a report; ifhe 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 ofcarcinogenesis, 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 ofcertain 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 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. Cagle 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. Cagle will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Cagle is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types ofasbestos may be associated with the incidence of some forms ofmesothelioma 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 ofinhaled 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 ofinhaled 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, ifany, information concerning the individual's use ofprotective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to 7- - 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 ofsuch 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 asbestosrelated 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 of asbestosis and cancer associated with the respiratory system peritoneum and peritoneal cavity; 4. The nature and extent ofmedical 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, particularly means of establishing 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 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; 9. Cigarette smoking and its effect on the lung and other organs; 10. The relative danger of theses defendants' asbestos-containing products; 8- - 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 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 asbestosrelated disease, specifically mesothelioma. Additionally, Dr. Cagle may testify concerning the diagnosis ofplaintiffs. 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 ofany 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 of those 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. 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 ofcounsel who prepared the statement, and not of the witness. Dr. Carter has not prepared a report as yet; ifhe does, a copy will be provided to plaintiffs. 9- - 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 ofinhaled 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 ofinhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Carter is expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was ofimportance to that individual, without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination oftissue, 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 ofsuch 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 asbestosrelated disease and the pathological effect of asbestos on the lung. He may also testify as to the relationship of asbestos exposure and the incidences of cancer. Dr. Carter is expected to provide testimony in the following areas: 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 of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent ofmedical 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 of obstructive and restrictive disease or defects of the respiratory system; -10- 6. Methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestosrelated 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 ofany 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 ofcigarette smoking to cancer of the lung and cancers ofother 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 asbestosrelated 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 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 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 ofthose 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 -11- considerations relating to medical monitoring. His testimony may include discussion ofany relevant epidemiology, anatomy and physiology. 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 ofcounsel 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 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. Case 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. 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 of long 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 ofmesothelioma 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. 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 of asbestos containing product(s) used and/or handled, resolution ofquestions regarding exposures to -12- 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 The words and language used in this statement are the words and language ofcounsel who prepared the statement, and not of the witness. Dr. Churg has not as yet prepared a report; ifhe 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 of various fiber types, and the relationship, if any, 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 of plaintiffs' 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 of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent ofmedical 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 -13- 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 ofcigarette smoking to cancer ofthe lung and cancers ofother 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; 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 ofmesothelioma among various kinds ofworkers 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 of the 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. -14- 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 ofradiographs 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" ofasbestos-related diseases; and, will testify about other areas ofpulmonary pathology including, but not limited to, emphysema, carcinomas, and related matters. Dr. Craighead will testify regarding the diagnosis and cause ofplaintiffs' 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 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 of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent ofmedical 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; -15- 6. Methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestosrelated 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 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; 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 ofcigarette smoking to cancer of the lung and cancers ofother sites with reference to epidemiological studies and physiologic effect; 12. Difference between impairment and disability; 13. Effect of asbestosis, or asbestos exposure without asbestos, on disability and life expectancy; 14. Effect ofpleural plaques or other pleural manifestations ofasbestos exposure on lung function or life expectancy. 15. The lack of a relationship between pleural plaques and the development of any cancer. In addition, Dr. Craighead may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Dr. James Crapo 4650 South 4,h Street Englewood, Colorado 80110 (303)221-6695 The words and language used in this statement are the words and language ofcounsel 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 ofasbestos exposure, including matters -16- such as dose response, pathogenicity, carcinogenicity, and the potential for asbestos-related disease as a result ofexposures to the different types of fibers. Dr. Crapo is expected to testify as to general medical issues and physiology. Dr. Crapo is expected to testify about alleged occupational exposure-as described by plaintiffs' witnesses-and whether such exposure could be considered a substantial contributing factor to plaintiffs alleged disease. Dr. Crapo is expected to testify about the principles of epidemiology and what is involved in an epidemiology study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Crapo is expected to testify as to the information necessary to determine the risks for a group of people or persons contracting an asbestos-related disease, and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Crapo is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. Dr. Crapo is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases ofthe 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 Dr. Demopoulos is a professor of pathology 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 -17- 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 ofplaintiffs medical records, xrays, and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiff or plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiffsuffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomology, disease process and diagnosis ofasbestosis 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 of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung 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 of industrial 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 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 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 abnormalities that might be in the medical records ofthe decedent. These witnesses may also testify -18- 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. 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. 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 ofthe 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 asbestosrelated diseases and other occupational diseases. I. Allen Feingold, M.D. South Miami Hospital 7400 Southwest 62nd Avenue Miami, Florida Dr. Feingold is the Chiefofthe Division of Pulmonary Medicine at South Miami Hospital. He will testify as a state-of-the-art witness generally and with respect to asbestos-containing products. He may also testify concerning the physiological and radiological aspects of asbestos-related lung disease, including etiology, diagnosis, treatment, prognosis and epidemiology; the causes of lung cancer; the history ofthe medical science concerning our knowledge and understanding of asbestos and asbestos-related disease; fiber types, dose/response and threshold levels needed to produce disease; the relationship of asbestos exposure to other environmental factors and their comparative risks. Dr. Feingold will also testify that work with some asbestos-containing products does not result in dangerous asbestos fiber exposure and that any asbestos exposure from these products played no role in the genesis of Plaintiffs' lung disease, if any. -19- In addition. Dr. Feingold is expected to test about the various fiber release studies, performed at industrial hygiene laboratories, on the use of asbestos containing products. Dr. Feingold may testify, in general, concerning asbestos related diseases and the effects ofexposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos related diseases and the criteria for diagnosis of an asbestos related disease. He may also testify regarding the existence or non-existence of any asbestos related disease in the Plaintiffs, including, but not limited to pleural changes, 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 ofa 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. 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 of respiratory 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 ofplaintiffs' 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 ofsuch opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function ofthe 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 of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung 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 ofasbestosis 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 -20- Dr. Fowler is an industrial hygienist who may testify live or by deposition concerning issues relating to plaintiffs 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 ofchest 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 of various fiber types, and the relationship, if any, 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 ofoccupations 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 of products 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. -21- 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 Hospital. He was a senior lecturer in pathology at the University of Wales College of Medicine. He has special expertise in the diagnosis of asbestosrelated diseases and the pathogenicity of the various forms of asbestos for pulmonary and pleural diseases and has reviewed over 1,000 lung samples involving asbestos-related 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. Gitjjjs may testify generally as to the dangers posed by the inhalation ofasbestos 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 hie 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 ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named by ASARCO 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 of plaintiffs' experts; any communications with plaintiff or -22- plaintiff's family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether plaintiffsuffers from asbestos-related diseases and the basis ofsuch 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 ofasbestosis and cancer of the respiratory systems, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association ofpulmonary disease with asbestos fiber and the effect of exposure to substances other than asbestos in the development and manifestation of diseases of the respiratory system; the methods of diagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related disease; the incidence oflung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect ofasbestosis on disability and life expectancy; the lack ofrelationship between pleural plaques and development of any cancer; the history of evolution and knowledge ofasbestos-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 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. Harley 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. 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 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. Harley 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. Harley is also expected to testify that it cannot be said, to a reasonable degree of medical -23- 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, ifany, information concerning the individual's use ofprotective equipment, specific types of asbestos 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 ofsuch experts and cannot be specifically predicted. 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 asbestosrelated 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 ofpulmonary medicine and oncology and the state of knowledge as it existed from time to time relating to health effects ofasbestos 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 ofPlaintiff 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 Plaintiffs medical condition. -24- 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 ofthe 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 ofthe 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 ofthe Plaintiffand his review ofthe Plaintiffs medical records, x-rays, and bills for medical services and their diagnosis ofinjuries, ifany. He may testify concerning asbestos, the effects ofasbestos 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, ifany, and their relation, if any, to asbestos or to other factors. 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 ofinhaled tobacco smoke and other factors on the appearance of chest radiographs in populations who also are alleged to be exposed to asbestos-containing products and, additionally, concerning how the effects of inhaled 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 oflung 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. -25- 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 ofplaintiffs medical records, x-rays, and reports and supplemental reports of plaintiffs' experts; any communications with plaintiff or plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to the existence of asbestos-related 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 plaintiff specifically. Dr. Holland may testify concerning her examinatioiyind diagnosis of the physical condition ofplaintiff and the relationship, ifany, 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 ofmedical 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 of disease of the respiratory system; the methods ofdiagnosis 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 ofasbestosis on disability and life expectancy; the lack ofrelationship between pleural plaques and development ofany cancer; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community's awareness ofthe increased risks for an asbestos-related disease in cases ofprolonged 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 The words and language used in this statement are the words and language ofcounsel who prepared the statement, and not ofthe witness. Dr. Hughson has not prepared a report in this case. Ifa report is prepared, it will be provided to plaintiffs counsel. -26- 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 ofCalifornia, 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 typ^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 of people 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. 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 asbestos-related markers and diseases, and the risks -27- 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 of medical 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 of mineralogy 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. 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 ofthe various fibers in the human lung -28- (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 of persons with malignant mesothelioma and which are associated with the incidence of malignant 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 of the 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 ofthe contaminants that can be generated from a finished product, if gpy. Dr. Langer is expected to testify, based upon his review ofthe literature and ofevidence ofexposure, 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 ofasbestos 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 -29- 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. 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 ofasbestos 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 anv 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 ofmedical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Dr. Lockey may also be expected to testify concerning the state ofthe available medical knowledge regarding asbestos related disease at the relevant historical periods oftime. 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 ofthe disease mesothelioma. In doing so, he will also provide percentages ofprobability 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. -30- 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, and experience. Mr. Lynch will testify as to the methods and procedures involved in industrial hygiene, the methods and procedures utilized in the collection of airborne 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 ofasbestos exposure limits by OSHA, and the subsequent changes to those limits, and OSHA regulations pertaining to Plaintiffs workplace at various times. Mr. Lynch gj^y also testify concerning the industrial hygiene programs implemented by Plaintiffs 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 ASARCO 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 of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO 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 is -31- 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 ofcounsel 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 ofthe lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the response ofthe lung to various stimuli, and the role ofvarious components ofthe 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 of long 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 ofmesothelioma 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 of disease in populations who are also alleged to be exposed to asbestos containing products, and additionally concerning how the effects ofinhaled 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 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, ifany, information concerning the individual's use ofprotective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever condition are found to exist. It is further expected that Dr. Mills' testimony will generally respond to the pathologic scientific and epidemiologic testimony which maybe offered by plaintiffs' experts, and in that sense his testimony -32- is dependant upon the prior testimony of such experts and cannot be specifically predicted. In addition, Dr. Mills may testily 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. 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 -33- of view, the state of the medical and scientific knowledge regarding asbestos particularly in regard to the time period involved during which the Plaintiff was allegedly on the premises of Defendant. 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 testily 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 andjudgment 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 Xjgjas Oeste Alpine, California 91901 (619) 445-9668 Dr. Peterson 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. 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 ofprobability ofcausation 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 ofcounsel who prepared the statement, and not ofthe 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. -34- Dr. Rabinovitz is a certified industrial hygientist and toxicologist. He is employed at SOMA, and is a past employee of EPA and NIOSH. 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 with respect to Armstrong World Industries, Inc., and is expected to testify as to the reasonablesness ofthe industrial hygiene practices employed by AWI in the past to protect its workers. Dr. Rabinovitz is familiar with the historical state ofthe 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 manufactuiand 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 of various 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 non-occupational 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 plaintiff would have contracted disease in the absence of exposure to various products. He may also perform other appropriate risk calculations and compare a plaintiffs 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 -35- independently or in association with any of the foregoing. Dr. Renn may also testify about the medical literature and its related matters. 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 ofasbestos disease, diseases related to cigarette smoking, and diseases which were seen often, but not necessarily, in relation to the foregoing. Victor L. Hj2ggli, 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 of such and any communication with the plaintiff or plaintiff s family; his review of x-rays of the 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; plaintiffs 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 ofsuch 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 of plaintiffs' experts; any communications with plaintiff or -36- plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiffsuffers from asbestos-related disease and the basis ofsuch 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 plaintiffspecifically. 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 symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory systems, peritoneum and peritoneal cavity; the nature and extent ofmedical and scienti fic 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 of diseases of the respiratory system; the methods ofdiagnosis and means ofestablishing the differential diagnosis of asbestos-rej^ed 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 ofasbestosis on disability and life expectancy; the lack of relationship between pleural plaques and development of any cancer; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community's awareness ofthe increased risks for an asbestos-related disease in cases ofprolonged exposure. In addition, Dr. Ross may testify 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 testify 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 fiber release from various products, threshold limit values, and dose values for disease. Dr. Sawyer may further testify, in general, concerning asbestos related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology ofasbestos -37- 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 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 of cancer issues and whether a particular plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. With respect to particular plaintiffs, he may testify as to review and interpretation ofx-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 diseases or conditions are present in plaintiffs. t Dr. Sawyer^ testimony will be based on his training, experience, education, and review of the medical literature concerning asbestos related disease. 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 ofthe records and radiographs regarding Plaintiffs. He will testify as to whether the alleged inj uries of the Plaintiffs can be attributed to asbestos exposure or not, based on the medical and scientific literature. Upon review of Plaintiffs' 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 ofcancer faced by individuals who smoke cigarettes -38- 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-theart" of asbestos-related diseases; and, will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas, and related matters. Dr. ShindeUwill testify about his personal experience in the development ofthe 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 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. Shindell 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 of asbestosis and cancer associated with the respiratory system peritoneum and peritoneal cavity; 4. The nature and extent ofmedical 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 of the respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. Methods of diagnosis of various diseases, particularly means of establishing 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 -39- exposed workers, and with the general population; 8. 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; 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 ofpleural plaques or other pleural manifestations ofasbestos 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. 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 -40- of the OSHA standards, the extent and number ofcases ofasbestosis 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 of particular 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 of people 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 chiefcause oflung cancer, that almost all ofthe 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. Shinders 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% of mesotheliomas, asbestos exposure cannot be found. Dorsett Smith, M.D. 4310 Colby Avenue Everett, Washington 98203 Dr. Smith is an internal medicine physician with a sub-speciality in pulmonary disease and "B" reader who may testify concerning the review ofthe radiographs and CT scans, ifany, ofthe Plaintiff or Decedent. Dr. Smith may also testify in the field of occupational and pulmonary medicine and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. Dr. Smith may also testify based on experience and on knowledge ofapplicable literature, regarding the known relationship or lack of relationship between asbestos exposures and certain diseases. He may also render various opinions relevant to a Daubert/Havner/Robinson Analysis. 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. -41- 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 pertaining to her examination ofplaintiffand/or review ofplaintiffs medical records, x-rays, and reports and supplemental reports of plaintiffs' experts; any communications with plaintiff or plaintiffs 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; plaintiffs 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 testifyconcerning 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 ofmedical 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 of diseases of the 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 ofasbestosis on disability and life expectancy; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the 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 ofthe art ofpulmonary medicine and asbestos-related conditions; the state ofscientific and medical art and the history and knowledge of asbestos-related 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. -42- 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 of the lungs, chest, respiratory system and other organs of the body. He may offer general testimony relating to cigarette smoking, cancer ofvarious 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 of disease. 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 ofasbestos-related literature, and his own experience. Dr. Weill may testify specifically about plaintiffs' medical condition by relating these generalprinciples 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 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 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 ofx-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 ofthe 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 -43- 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 ofcertain witnesses offered at the time oftrial. 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. 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. Dr. William Weiss 3912 Netherfleld Road Philadelphia, Pennsylvania 19129 Dr. William Weiss is expected to testify about the evolution of asbestos disease, his knowledge of pulmonary lung disease of all varieties, the "state-of-the-art" of the development of knowledge regarding cigarettes and disease, the relationship between cigarette smoking and pulmonary fibrosis, the nature and evolution ofx-ray work, his knowledge ofx-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 ofcounsel 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 -44- 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. Ifis 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 ofmesothelioma 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 osome forms of cancer. Dr. Wick 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 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, ifany, information concerning the individual's use ofprotective 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 of asbestos 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 ofasbestos related diseases. These witnesses may also testify generally about specific 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 -45- 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. 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. -46- Office Phone.972-680-0666 PULMONRRY MED 9726802499 v ,ott G. Donaldson, m.d., f.c Pulmonary / Critical Care Medicine 375 Muniotal Drive, Suite 218 Richardson, TX 75060 ,p. P-2 fax: 972-680-2499 May 25, 2001 DeHay and Elliston, L. L. P. 3500 Bank of America Plaza 901"Main Street Dallas, Texas 75202-3736 RE: PETEPETSCH INDEPENDENT MEDICAL EXAMINATION SOURCE OF INFORMATION: Patient. No other medical records or x-rays were available for review at the time of this evaluation. Chief Complaint: Shortness of breath. Current History: Mr. Petsch is a 63-year-old gentleman from Denham Springs, Louisiana who was evaluated in my office for medical-legal purposes on 05-25-01. He states that he has had shortness of breath with activity since the early 1990's. He feels that this is becoming worse as time goes by. He estimates that he can walk a mile at a normal pace, but only get up two flights of stairs. He has a harder time playing with his grandchildren. He states that he cannot lift any heavy objects and no longer chops his own wood. He has frequent cough and wheeze, but does not bring up much in the way of mucous. He denies other pulmonary symptoms, including chest pain or hemoptysis. He smoked cigarettes from 1960 until the current time. He says that he averages onc-half pack per day. He denies a history of traumatic injury to the chest He has been taking an Albuterol inhaler on an as-needed basis prescribed by his family doctor, but does not say that he has been diagnosed with any specific lung disease by this doctor. Occupational History: He was bom and raised in Germany and actually immigrated to the United States in 1960. He finished high school in Germany and attended night school in the United States. He worked in a steel mill in Germany for about 1 Zi years before he immigrated. He states that he was a helper but was unclear if he had any asbestos exposure. For a few months after he first came to the United States he worked as a carpet installer and thinks he had bystander exposure to the asbestos dust in the work PULMONARY MED 9726802499 p. 3 RE: Pete Petsch May 25,2001 Page 2 - IME Occupational History - continued: environment from the sheetrockers and the tape and bed men. After that he went to work at Lubrizole Chemical Plant in Deer Park, Texas, where he stayed until 1976. He states that he was a painter and insulator, He was involved with the application of pipe insulation, fireproofing materials, refractory bricks, joint compounds, and floor tiles. He left there in 1976 and worked in a chemical plant for two years with similar exposure to asbestos products. In 1978 he moved to Louisiana and began working at unstated jobs. He does not feel that he had any asbestos exposure between 1978 and 1989. In 1989 he begaa*work as an inspector at refineries and chemical plants and has done that up until the current time. Past Medical History: Otherwise stated unremarkable. His only medication is the Albuterol inhaler. Past Surgical History: Stated unremarkable. Family History: His father died in Africa in World War II. His mother died of a heat stroke at age 72. He has one sister, alive and well. Social History: He has been married for 36 years. He has 3 children and 3 grandchildren. He denies alcohol consumption. He likes to garden in his spare time. Review of Systems: Remarkable for occasional headache. Physical Examination: GeneraWitals - Reveals an elderly, Caucasian male. Height: 5` 10" tall. Weight: 155 pounds. Blood pressure: 116/66. Pulse: 94 and regular. Respirations: 16 and unlabored. HEENT - Remarkable for upper and lower denture plates. Neck - Supple without adenopathy, thyromegaly, or jugular venous distention. Thorax - Moves symmetrically with inspiratory maneuver. Lungs - Reveal diminished breath sounds throughout with a few basilar rales, which clear with cough and deep breathing. Heart - Regular rate and rhythm without murmur or gallop. Abdomen - Soft and nontender without hepatosplenomegaly or masses palpated. Extremities Extremities show no cyanosis, clubbing, or edema. Neurologic - Grossly nonfocal. Laboratory: Four-view chest x-ray including PA, lateral and obliques. The films are of good technique, with an inspiratory level to the 10th rib. The heart, hilar, and mediastinal structures appear within normal limits. The lungs are markedly hyperinflated with flattened hemidiaphragms causing a blunted appearance to the costophrenic angles. The pulmonary parenchyma shows increased central bronchopulmonary markings but no linear subpleural fibrotic changes. There appears to be pleural thickening along the left lateral chest wall in the subaxillary region. PULMONARY MED 3726802499 P.4 RE: Pete Petsch May 25,2001 Page 3 - IME Pulmonary Function Tests: Spirometry shows marked airflow obstruction with a good bronchodilator response. Forced vital capacity measures 4.03 liters or 89% of predicted. His FEV1 measures 1.47 liters or 46% of predicted with a ratio of 37%. There is approximately 40% improvement with bronchodilator administration, part of which is effort related and part of which is a true response. Lung volume analysis shows a total lung capacity of 7.89 liters or 119% of predicted with a residual volume of 4.13 liters or 171% of predicted, consistent with air trapping. Diffusion capacity is normal measuring 81% of predicted. Oxygen saturation is normal measuring 96% on room air. IMERESgl-QN- 1. Mr. Petsch has chronic obstructive pulmonary disease. This is severe in nature and is partially reversible with bronchodilator administration. This is the cause of his shortness of breath, cough and wheezing. He is on inhaled bronchodilator therapy, which he underutilizes. He was advised to speak with his treating physician at home about intensifying his treatment for COPD or referring him to a pulmonary specialist. He was advised of the benefits of smoking cessation. 2. There appears to be focal pleural thickening along the left lateral chest wall, which would be consistent with his described history of occupational asbestos exposure. This would not be expected to cause pulmonary symptoms or contribute to any measured pulmonary function abnormality. 3. Based upon this clinical evaluation, I do not diagnose Mr. Petsch with pulmonary asbestosis. His chest x-ray findings, physical exam findings, and pulmonary function findings are all consistent with a diagnosis of COPD. SGD/jmr