Document mByKQ912eqXKaerr5YgV60X14

CAUSE NO. 2000-2113 PABLO AGUILERA; TOMAS TORRES; PEDRO PAZ BAEZA; ROBERT BAEZA; and MANUEL MACIAS VS. GAP CORPORATION, ET AL IN THE COUNTY COURT AT LAW NO. THREE EL PASO COUNTY, TEXAS""*7' CHEVRON U.S.A., INC.'s RESPONSE TO PLAINTIFFS ROBERT BAEZA.TOMAS TORRES AND MANUEL MACIAS' REQUEST FOR DISCLOSURE COMES NOW CHEVRON U.S.A. INC., one of the Defendants in the above entitled and numbered cause, respr s to Request for Disclosure as to Plaintiffs, Robert Baeza, Tomas Torres, and Manuel Macias, pursuant to Tex.R.Civ.P. 194.2. (a) Chevron U.S.A., Inc. (b) Defendant is unaware of any additional parties Defendant may seek to add to this litigation; however, the Defendant reserves the right to enforce the settlement credit and/or to submit the fault of the settling Defendants all of whom are listed in Plaintiffs' pleadings and discovery responses. (c) Defendant's theories, based upon discovery as completed to date, are as follows: Defendant denies that Plaintiffs were exposed to asbestos containing products on any premises owned or operated by this Defendant or to any product which emanated from any premises owned or operated by this Defendant. Defendant denies that Plaintiffs, were exposed to asbestos products on Defendant's premises at a level sufficient to have caused or contributed to any asbestos related disease. Defendant denies that any dangerous condition existed at its facilities at any time Plaintiffs, may have been present as a business invitee. Defendant denies that it was negligent or grossly negligent or that its actions were a proximate cause of any injury or illness to Plaintiffs. Defendant did not breach any duty owed to Plaintiffs, given the applicable state of the art, nor did Defendant proceed with conscious indifference to the safety of Plaintiffs, with subjective awareness of any extreme DNO/25129/185463 degree of risk considering the probability and magnitude of the potential harm to Plaintiffs. Defendant denies that the Plaintiffs have been damaged as alleged and denies that Plaintiffs' illnesses were caused by asbestos exposure. Defendant denies having supplied material or products which were defective. In the alternative, Defendant contends that any illness of Plaintiffs was the result of exposure to products or actions of companies over whom this Defendant had no control, including asbestos product manufacturers, cigarette manufacturers, and contractors. Defendant asserts the affirmative defense of contributory negligence which will be developed through discovery. Defendant denies controlling the details of the work of Plaintiffs, as they were at all times independent contractor employees. In the alternative, Defendant denies exercising control over the details of Plaintiffs' work to such an extent that Plaintiffs were borrowed servants of Defendant. The imposition of punitive damages would violate Defendant's due process rights guaranteed by the Fourteenth Amendment to the United States Constitution and by the due process provisions of the Texas Constitution, and would be improper under the common law and public policies of the State of Texas. Any award of exemplary or punitive damages, in the absence of appropriate standards, would be unreasonable, arbitrary, capricious and confiscatory, and have no relation to any fact and, therefore, afford Defendant no adequate means of defense. However, if punitive damages are awarded. Defendant asserts that those damages are capped. Defendant denies participation in any civil conspiracy to withhold knowledge of effects of asbestos exposure from workers. Defendant denies that it acted in any way to aide, abet, encourage or induce any other Defendant to commit any negligent or fraudulent act. Please refer also to Defendant's pleadings on file which are incorporated herein. Defendant reserves the right to amend, supplement or modify its theories as warranted by future discovery. d. Defendant is not seeking economic damages. e. The following persons have knowledge of relevant facts: Robert Baeza 220 Whittier El Paso, Texas Plaintiff Aurora Baeza 220 Whittier El Paso, Texas DNO/25129/185463 2- Wife of Robert Baeza Robert Baeza, Jr. Unknown El Paso Son of Robert Baeza Paul Baeza unknown Son of Robert Baeza Matthew Baeza. unknown Son of Robert Baeza Issac Baeza unknown Son of Robert Baeza Ramona Torres 433 Jenson El Paso, Texas Wife of Tomas Torres Cecilia Uribe 433 Jenson El Paso, Texas Daughter of Tomas Torres Robert Baeza, Jr. Tomas Torres 433 Jenson El Paso, Texas Plaintiff Tomas Torres, Jr. 1985 Paseo Colina Place El Paso, Texas Son of Tomas Torres Irma Padilla. 1991 Dana Bree DNO/25129/185463 3 El Paso, Texas Daughter of Tomas Torres Armando Torres unknown Son of Tomas Torres Hector Torres 3319 Killarney El Paso, Texas Son of Tomas Torres Manuel Macias 8905 Turrentine El Paso, Texas 79925 Dolores G. Macias 8905 Turrentine El Paso, Texas 79925 Spouse of Manuel Macias Yolanda M. Lepure 6628 Grandridge 7 El Paso, Texas 79912 daughter of Manuel Macias Leticia M. Molina 945 South Mesa Hills, #420 El Paso, Texas 79912 daughter of Manuel Macias Irene Macias Lara 1682 Pepper Drive El Cajon, California 92021 daughter of Manuel Macias Ernesto C. Macias 11277 Ivan Hoe El Paso, Texas 79936 son of Manuel Macias Ruben Macias 11129 Loma Escondida DNO/25129/185463 4 El Paso, Texas 79934 son of Manuel Macias Armando Macias 2969 Doug Ford Drive El Paso, Texas 79935 son of Manuel Macias The following people are present or former employees of Chevron U.S.A., Inc. and may have knowledge about the physical layout of the facility, safety practices and rules, the work done by contractors, the responsibilities of Plaintiffs' employer and anticipated knowledge of unions, the policies of the facility as respect to contractor employees, knowledge of potential asbestos hazards, the lack of information received from asbestos product manufacturers, and the use or non-use of asbestos-containing products. Tony Solis Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 John Driscoll Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Tom Mansfield Maintenance Helper & Inspection Dept & Design Engineering 11228 Signal Ridge El Paso, Texas 79936 (915) 592-4371 Lee Lehman Operations Supervisor & Compliance Specialist 10709 Gay Brewer El Paso, Texas 79935 (915)591-3551 Jimmy Waddell 5 Pipefitter c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Eric Bailey Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Wayne Hollebeke Safety Engineer 2143 Sagecrest Las Cruces, New Mexico 88011 (505) 522-9094 Hans Fields Safety Engineer 2001 S. Gulfway Drive Port Arthur, TX 77640 (409) 985-0729 Herb Lucke Maintenance Department 1286 Stubing Ct. El Paso, Texas 79925 (915) 772-2826 Gary Thurmond Engineering Department 1837 Kay Street Compton, California 90221 (213)635-0107 Greg Hanggi Former Engineering & Maintenance Chevron-Phillips Chemical Company 9500 IH-10 East Baytown, Texas 77521 (281)421-6578 6 H. R. "Bob" Feld Former Maintenance Department 12400 Rojas No. 9 El Paso, Texas 79928 Sam Preckett Project Coordinator Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Ronald Jones Former Maintenance Foreman 108 Huron P. O. Box 1322 Elephant Butte, New Mexico 87935 (505) 744-4543 Charles Heist Former Maintenance Foreman 10612 Candlewood El Paso, Texas 79935-4102 (915) 592-5781 Carl Pataky Engineer Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Joe Machorro Pipefitter, Welder Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Robert Cheng, Ph.D. Industrial Hygienist 7 Chevron Research & Technology 100 Chevron Way Richmond, California 94802 (510) 242-4144 Carlos Hermosillo Draftsman, Engineer Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Tim Hubbard Former Safety Department 1744 Carriage Drive Walnut Creek, California 94598-1200 (925) 944-0742 Dan H. Barber Former Safety Department 260 Fallen Leaf Drive Vacavelle, California 95687 (707) 448-1932 Jim Keating Former Plant Manager Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 584-5292 Harold Larson Former Engineer and Contract Administrator Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Hank McDermott 8 Chevron Research & Technology 100 Chevron Way Richmond, California 94802 (510) 242-4144 Dr. Howard Applegate Applied Environmental Services 716 La Ruz El Paso, Texas 79902 Barbara Cook Former company materials engineer Three District Inspection 100 Chevron Way Richmond, California 94892 (510)''`7-1794 Mike Francis Pipefitter c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Jack Spence Industrial Hygenist 6416 Rose Garden Lane Roseville, California 95747 Stanley Dryden Industrial Hygenist 2795 Ribera Road Carmel, California 93923 (831)624-9394 The following people are physicians: Dr. Fred Dula Piedman Radiological Associates 401 Mocksville Ave., STE.100 Salisbury, North Carolina 28144-2711 (704) 633-1023 9 Dr. Fred Dula is a medical doctor who reviewed chest x-rays of Robert Baeza, Tomas Torres, and Manuel Macias and may testify as to Robert Baeza, Tomas Torres, and Manuel Macias' medical condition. The following are medical doctors who have treated plaintiff Manuel Macias and have knowledge about Manuel Macias and may testify as to Mr. Macias's medical condition and their treatment of Mr. Macias: Dr. Morton 1733 Curie Drive El Paso, Texas Dr. Weeks, Lyle D. 1700 North Oregon El Paso, Texas Dr. Van Murray 10400 Vista Del Sol El Paso, Texas Dr. Hernandez Alvaro 1700 North Oregon Street, Suite 600 El Paso, Texas The following are medical doctors who have treated plaintiff Tomas Torres and have knowledge about Tomas Torres and may testify as to Mr. Torres's medical condition and their treatment of Mr. Torres: Dr. Jesus Vasquez 10470 Vista Del Sol El Paso, Texas Dr. Alejandro Duran 1733 Curie Drive, Suite 209 El Paso, Texas Dr. Fernando Jimenz (deceased) Custodian of Records El Paso, Texas Dr. Jeanette Tran 10525 Vista Del Sol, Suite 100 El Paso, Texas 10 The following are the custodians of records of various health care facilities, hospitals, clinics and health care providers who have treated or examined the plaintiffs in this case who may have records concerning the plaintiffs and may testify regarding those records: Columbia East Custodian of Records 7852 Gateway East El Paso, Texas Providence Memorial Hospital Custodian of Records 2001 North Oregon Street El Paso, Texas Columbia West Custodian of Records 1801 North Oregon El Paso, Texas Southwestern General Hospital Custodian of Records 1221 North Cotton El Paso, Texas Any other persons or witnesses designated by any by any other party. All other witnesses or persons with knowledge of relevant fact designated by any other party. Defendant's investigation as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. See Expert List attached as Exhibit "A" and incorporated by reference as if fully set forth herein; In addition, Defendant reserves the right to call any of Plaintiffs' treating doctors including but not limited to: Dr. Fred Dula Piedman Radiological Associates 401 Mocksville Ave., STE.100 Salisbury, North Carolina 28144-2711 (704) 633-1023 Dr. Fred Dula is a medical doctor who reviewed chest x-rays of Robert Baeza, Tomas Torres, and Manuel Macias and may testify as to Robert Baeza, Tomas Torres, and Manuel Macias' medical condition. The following are medical doctors who have treated plaintiff Manuel Macias and have knowledge about Manuel Macias and may testify- as to Mr. Macias's medical condition and their treatment of Mr. Macias: Dr. Morton 1733 Curie Drive El Paso, Texas Dr. Weeks, Lyle D. 1700 North .Oregon El Paso, Texas Dr. Van Murray 10400 Vista Del Sol El Paso, Texas Dr. Hernandez Alvaro 1700 North Oregon Street, Suite 600 El Paso, Texas The following are medical doctors who have treated plaintiff Tomas Torres and have knowledge about Tomas Torres and may testify as to Mr. Torres's medical condition and their treatment of Mr. Torres: Dr. Jesus Vasquez 10470 Vista Del Sol El Paso, Texas Dr. Alejandro Duran 1733 Curie Drive, Suite 209 El Paso, Texas Dr. Fernando Jimenz (deceased) Custodian of Records El Paso, Texas Dr. Jeanette Tran 10525 Vista Del Sol, Suite 100 12 El Paso, Texas In addition, Defendant reserves the right to call all expert witnesses listed by plaintiffs' including but not limited to: Plaintiffs' Experts listed in Plaintiffs' Supplemental Answers to All Defendants' Interrogatories (Wellington Defendants), (The Center for Claims Resolution Defendants) and ( Master Discovery Requests)/(Expert and Fact Witnesses) filed on March 29, 2000, In_ re; All Asbestos Related Personal Injury or Death Cases. Filed By Baron & Budd. P.C. or to be filed by Baron & Budd, P.C. In El Paso County, Texas. These listed experts are incorporated in these answers as if set forth herein. In addition. Defendant also reserves the right to call Plaintiffs' Experts listed in Plaintiffs' list of Deposition Testimony and all supplements and amendments thereto. These listed experts are also incorporated in these answers as if set forth herein. 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; In addition, Defendant reserves the right to call the custodians of records of any and all physicians, health care facilities, hospitals, clinics and health care providers who have treated or examined the Plaintiffs in this case who may have records concerning the plaintiff, and may testify to those records including but not limited to: Columbia East Custodian of Records 7852 Gateway East El Paso, Texas Providence Memorial Hospital Custodian of Records 2001 North Oregon Street El Paso, Texas Columbia West Custodian of Records 1801 North Oregon El Paso, Texas 13 Southwestern General Hospital Custodian of Records 1221 North Cotton El Paso, Texas any physician who has examined and/or treated Plaintiff not identified; any and all records custodians, live or by deposition upon written questions, for any physicians or institutions listed herein or revealed in Plaintiffs' Responses to Discovery or any other pleading on file in this case. g- i. There are no witness statements at this time. Defendant's investigation, as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. k. Defendant will provide copies of any medical records obtained through authorization that are not already available to the plaintiff. DNO/25129/185463 Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. David W. Ledyard 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, CHEVRON U.S.A. INC. 14 CERTIFICATE OF SERVICE This will verify that a true and correct copy of Chevron U.S.A. Inc.'s Response to Disclosure has been furnished to counsel for plaintiff by certified mail and to all other counsel of record by U.S. mail on this^^day of November, 2000. I&ichaelT. Bridwell DNO/25129/185463 15 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 divulged prior 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) of expertise of the designated expert. 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 prognos' if asbestos-related markers and diseases, and the risks associated with developing cancers. Dr ve 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. J. Leroy Balzer, Ph.D 408 Horse Trail Court Walnut Creek, CA 94595 Dr. Balzer has a B.S. Degree in Public Health Microbiology and M.S. Degree in Preventive Medicine/Public Health 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 of the construction industry was sponsored through grants from the United States Public Health Service and involved observing the work environment of insulators. Dr. Balzer was a Certified Industrial Hygienist from 1973 until 1987 when he became an Assistant Vice Chancellor at the University of California Health Sciences Campus in San Francisco. He has lectured on occupational/environmental health issues in the United States and internationally. In 1993, Dr Balzer became a full time consulting industrial hygienist and was appointed an Assistant Clinical Professor, School of Medicine, University of California Health Sciences. Dr. Balzer is a member of the American Conference of Governmental Industrial Hygienists (Affiliate), American Industrial Hygiene Association and other professional organizations. 2 DEFENDANT'S -1- i I 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 ofother types of asbestos products. Dr. Balzer has personal knowledge ofrelevant facts but is also an expert based upon his specialized knowledge, skills, and training. Dr. Balzer may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the nature 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 prodi ;, including pipe and block insulation. He may also address insulator union knowledge of asbes 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 Quincy, MA 02169 300 Boyleson Street, Suite 714 Boston, MASS 02116 (617) 749-5876 Dr. Barrett is a radiologist/B-Reader. He is expected to testify generally about radiologic concepts and evaluation and its relation to the diagnosis of pulmonary diseases. He will testify specifically regarding his evaluation of x-rays and diagnostic films in the diagnosis of occupational pneumoconiosis. Dr. Barrett may testify that some asbestos-containing products are not hazardous and that any possible asbestos exposure from such asbestos-containing products could not have caused any ofthe plaintiffs' alleged illnesses. Dr. Barrett is a practicing radiologist and a B-reader certified by NIOSH, His testimony will relate to his interpretation ofchest films taken ofthe plaintiffs, as disclosed in reports produced, ifany, and will be made available to the plaintiffs. It is anticipated that Dr. Barrett will testify generally as to his interpretation of the plaintiffs' chest films, the presence of any asbestos-related condition as evidenced on the chest film, and the presence of other abnormalities or conditions unrelated to any exposure to asbestos. Mr. Lawrence R. Birkner McIntyre, Birkner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, California 91362-1822 Larry Birkner is a certified Industrial Hygienist trained in the measurement of dust and related matters. He is prepared to testify regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger disease associated with dust exposure, good housekeeping measures, and other related matters. He is prepared to testify about respirator history, what constitutes good hygiene practice, and the periods of time from an industrial hygiene standpoint when people and companies became aware of associated health risks. He may give testimony regarding the level of fiber release, 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 -3- 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, 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. 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. Phillip Cagle, M.D. Baylor School of Medicine Dept, of Pathology 1200 Moursund Street Room 286A Houston, Texas 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; if he does, a copy will be provided to Plaintiffs. Dr. Cagle will be offered by theses defendants as an expert physician, with particular expertise in pathology, in the process ofcarcinogenesis, as a researcher in the field ofasbestos related conditions and their etiology, in the pathologic diagnosis and grading ofnon-malignant conditions associated with exposure of certain populations to asbestos-containing products and/or materials, and in the -4- 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 of asbestos may be associated with the incidence ofsome 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, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Cagle's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony 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: -5- 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; 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; -6- 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 of any report purported to be diagnostic of any oncological condition and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for the diagnosis 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 ofasbestos-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. Bruce Case Department of Pathology Faculty of Medicine McGill University 3775 University Street Room 203 Montreal, Canada H3A2B4 (514) 398-7192 ext. 7466 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Case has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Case is expected to provide testimony concerning the anatomic structure and functioning 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 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 -7- 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 ofinhaled 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 of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. 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; if he does, a copy will be provided to Plaintiffs. Dr. Churg will testify about the pathology of asbestos related diseases, his research into asbestos related diseases, the carcinogenicity 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: -8- 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 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. -9- 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. 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/Hcivner/Robinson Analysis. Patrick M. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, Texas 77030 (713) 791-8787 Dr. Conoley is a medical doctor and "B" reader who will testify concerning his review of radiographs and CT scans of Plaintiff or Decedent. Dr. John E. Craighead Department of Pathology University of Vermont Burlington, Vermont 05405 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Craighead has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Craighead is a pathologist at the University of Vermont. He will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "Non-Routine"; the "state-of-the-art" ofasbestos-related diseases; and, will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas, and related matters. Dr. Craighead will testify regarding the diagnosis and cause 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; -10- 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-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 document f 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 ofthe lung and cancers of other 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 aDaubert/Havner/Robinson Analysis. Dr. James Crapo 4650 South 4lh Street Englewood, Colorado 80110 -11- (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 such as dose response, pathogenicity, carcinogenicity, and the potential for asbestos-related disease as a result of exposures to the different types of fibers. Dr. Crapo is expected to testify as to general medical issues and physiology. Dr. Crapo is expected to testify about alleged occupational exposure-as described by plaintiffs' witnesses-and whether such exposure could be considered a substantial contributing factor to plaintiffs alleged disease. Dr. Crapo is expected to testify about the principles of epidemiology and what is involved in an epidemiology study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to ther 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 of the pulmonary system. Dr. Crapo may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Crapo is also expected to testify about any matter raised by experts called by Plaintiffs or Co-Defendants including, but not limited to, plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. In addition, Dr. Crapo may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Dr. Scott G. Donaldson North.-Texas Pulmonary Associates 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (972) 680-0666 Dr. Donaldson is a specialists in the area of respiratory diseases. Dr. Donaldson may testify as to all matters pertaining to his examination of plaintiff and/or review of plaintiffs medical records, x- -12- rays, 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 of such opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function of the respiratory and circulatory systems; the natures of asbestos; the symptomology, disease process and diagnosis 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 of lung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic affect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack of relationship between the presence of pleural plaques and a later development of any form of cancer. Sharon M. D'Orsie, Ph.D Eagle Environmental Health, Inc. 2600 Southwest Freeway, Suite 810 Houston, Texas 77098-4614 (713) 523-2453 Dr. D.'Orsie will testify in the field 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 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 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 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 -13- 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. I. Allen Feingold, M.D. South Miami Hospital 7400 Southwest 62nd Avenue Miami, Florida Dr. Feingold is the Chief of the 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 of the 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. 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 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. Gregory H. Foster, M.D., P.C.C.F. North Texas Pulmonary Associates 375 Municipal Drive, Suite 214 Richardson, Texas 75080 -14- 1972) 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 of plaintiffs' experts' any communications with plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiffsuffers form asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function 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 of lung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic affect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack of relationship between the presence of pleural plaques and a later development of any form of cancer. 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 -15- 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; plaintiff s 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 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 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 Dauhert/Harner/Robinson Analysis. 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 ofPlaintiffs 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 Venessa Holland, M.D., MPH, P.A. Environmental Pulmonary Consultants 7515 South Main Street, Suite 670 Houston, Texas 77030 (713) 799-2224 Dr. Holland is a specialist in the area of respiratory diseases. Dr. Holland may testify as to all matters pertaining to her examination ofplaintiffand/or review ofplaintiff s medical records, x-rays, and reports and supplemental reports 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 -16- 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 examination and diagnosis of the physical condition ofplaintiff and the relationship, if any, of such condition to plaintiffs exposure, if any, to asbestos. Dr. Holland may also testify regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory system, peritoneum and peritoneal cavity; the nature and extent 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 of diagnosis and means ofestablishing 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 of the increased risks for an asbestos-related disease in cases of prolonged exposure. Also, Dr. Holland May testify as to any issues raised by plaintiffs' experts /thin 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 of the witness. Dr. Hughson has not prepared a report in this case. If a report is prepared, it will be provided to plaintiffs counsel. 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 -17- various types of fibers to cause disease and the properties of fibers that are believed to be necessary in order to cause disease. Dr. Hughson is expected to testify generally about the pulmonary aspects of asbestos exposure, including matters such as dose response. Dr. Hughson is expected to testify about alleged occupational exposure and whether such exposure could be considered a substantial contributing factor to plaintiffs' alleged diseases. Dr. Hughson is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Hughson is expected to testify as to the information necessary to determine the risks for a group 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 aDaubert/Havner/Robinson Analysis. Arthur Langer, Ph.D. Institute of Applied iences Brooklyn College < he 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 of the various fibers in the human lung (including inorganic toxicity), the physical and chemical characteristics of the various asbestos fibers, and the identification and characterization of asbestos fibers. Dr. Langer is expected to testify as to the types of inorganic minerals found in the lung tissue 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 of trace 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, -18- crystallographic and structural composition ofthe contaminants that can be generated from a finished product, if any. 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. 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 r i experience as a practicing industrial hygienist. In addition, he may offer opinions that exposure to asbestos fibers resulting from the use or removal of gasket or packing material is none or alternatively insufficient to cause or contribute to any asbestos related disease. James E. Lockey, M.D., M.S. Institute of Environmental Health University of Cincinnati Medical Center Clinical Studies Division 5251 Medical Science Bldg., M.L. 182 231 Bethesda Ave. Cincinnati, Ohio 45267-0182 Dr. Lockey is a pulmonologist who is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases, and the risks associated with developing cancers. Dr. Lockey is also expected to testify about any matter raised by experts called by the Plaintiffs and Co-Defendants including, but not limited to, plaintiffs' medical condition, the state ofmedical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Dr. Lockey may also be expected to testify concerning the state of the available medical knowledge regarding asbestos related disease at the relevant historical periods of time. Included in his testimony will be discussion of the respiratory system, asbestos-related disease, and the effect of -19- other substances on the respiratory system. Dr. Lockey will give factual testimony concerning his knowledge of relevant facts, as well as, an express opinions within his field of knowledge. He may also provide opinions on the probably time period(s) of asbestos exposure with relation to the causation of the disease mesothelioma. In doing so, he will also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. As a basis for opinion, he will rely in part upon scientific papers published by Peto, Seidman and Selikoff, Morgan and Lampshear, among others. Stacy Mills University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg. Charlottesville, Virginia 22908 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Mills has not as yet prepared a report; if she does, a copy will be provided to Plaintiffs. Dr. Mills is expected to provide testimc y 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 of the lung to various stimuli, and the role of various 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 of asbestos may be associated with the incidence ofsome forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some population and the mortality and/or incidence of some forms of cancer. Dr. Mills is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence 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. 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 -20- work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever condition are found to exist. It is further expected that Dr. Mills' testimony will generally respond to the pathologic scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependant upon the prior testimony of such experts and cannot be specifically predicted. In addition, Dr. Mills may testify about issues relevant to a Daubert/Havner/Robinson Analysis. John A Pendergrass, CIH, CSP, PE 6700 Milkhouse Court Mobile, AL 36695 (334) 607-0946 Mr. Pendergrass 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 over a fifty year period. He will testify regarding state of the art issues and the historical development of knowledge about the toxicity of asbestos and exposure limits designed to protect the heaith of workers exposed to asbestos and the relative responsibility of the employers of such workers. Jack E. Peterson, P.E. Peterson Associates 2830 Via Viejas Oeste Alpine, California 91901 (619)445-9668 Dr. Peterson will testify in the field of industrial hygiene and the state 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 of pulmonary 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. James Rasmuson Chemistry and Hygiene, Inc. 4251 Kipling Suite 110 -21- 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 of the alleged time period. He may render various opinions relevant to Daubert/Havner/Robinson analysis Victor L. Roggli, M. D. Department of Pathology Duke University, Medical Center Durham, North Carolina 27710 (919) 286-0411 Dr. Roggli is a specialist in pulmonary pathology. He will testify as to all matters pertaining to the plaintiffs medical records; his examination of the plaintiff if he has made such an examination; if he has personal knowledge of such and any communication with the plaintiff or plaintiffs 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 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 plaintiff s 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 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 of diagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related diseases; the incidence of lung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; the lack 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 of the increased risks for an asbestos-related disease in cases ofprolonged exposure. In addition, Dr. Ross may testify about issues relevant to a Daubert/Havner/Robinson Analysis. 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 of the 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)442-1165 Dr. Sherwin may also testify in the field of pulmonary medicine and the results of his examination of the records and radiographs regarding Plaintiffs. He will testify as to whether the alleged injuries of the Plaintiffs can be attributed to asbestos exposure or not, based on the medical and scientific -23- 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 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. 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 of the radiographs and CT scans, if any, of the 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. 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 plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether plaintiffsuffers from asbestos-related disease and the basis ofsuch opinions; -24- plaintiff s medical conditions; her prognosis with regard to such medical conditions; and, if applicable, her opinions as to the cause of death. Dr. Stockman may also testify about general medical issues with emphasis on the respiratory system and the effect that asbestos and other substances have on human health generally and with respect to plaintiffspecifically. Dr. Stockman may testify concerning her 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. 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 of diagnosis and means ofestablishing the differential diagnosis of asbestos-related diseases with non asbestos-related diseases; the incidence of lung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community awareness ofthe increased risks for asbestos-related disease in cases of prolonged exposure. Dr. Stockman may testify regarding the historical review and state of the art ofp nonary medicine and asbestos-related conditions; the state ofscientific and medical art and the hL^.y 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) ofasbestos exposure with relation to the causation of various disease processes. In doing so, Dr. Stockman may also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. In addition, Dr. Stockman may offer opinions relevant to a Daubert/Havner/Robinson Analysis. Hans Weill, M.D. Tulane University - School of Medicine 1700 Perdido Street Second Floor New Orleans, Louisiana 70112 Dr. Weill is a pulmonary specialist. Dr. Weill will testify generally about asbestos-related diseases and diseases 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 of asbestos-related literature, and his own experience. Dr. Weill may testify specifically about plaintiffs' medical condition by relating these general principles to plaintiffs' or plaintiffs' decedents' specific medical history -25- 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 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 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 r estos related disease. In addition, Dr. Weill may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Dr. Frank Weir 5629 FM I960, Suite 340 Houston, Texas 77069 (281) 893-4003 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 -26- various opinions relevant to a Daubert/Havner/Robinson Analysis. 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 ofthe lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Wick is expected to describe ar distinguish various types ofasbestos fibers; to describe the things which affect the ability ofasbes' fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. If is further believed that Dr. Wick will define and distinguish various conditions, such as asbestosis, pleural 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 ofsome forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Wick is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Wick is also expected to testify that it cannot be said, to reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever -27- conditions are found to exist. It is further expected that Dr. Wick's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony ofsuch experts and cannot be specifically predicted. The above designated witnesses may also give testimony about the historical "state-of-the-art", the development of medical knowledge about asbestos, and presence or absence of medical consequences relating to low dose exposure to asbestos emanating from asbestos containing products. They may offer general testimony relating to the development ofasbestos related disease, cigarette smoking, cancer of various organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis of cigarette related diseases, and the pathogenesis 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 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 ail 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. -28- CAUSE NO. 2000-2113 PABLO AGUILERA; TOMAS TORRES; PEDRO PAZ BAEZA; ROBERT BAEZA; and MANUEL MACIAS VS. GAP CORPORATION, ET AL IN THE COUNTY COURT AT LAW NO. THREE EL PASO COUNTY, TEXAS CERTIFICATE OF WRITTEN DISCOVERY This is to certify that on AAV of 7, 2000, Defendant served the following: Defendant, CHEVRON U.S.A. INC.'s Responses to Plaintiffs, Robert Baeza, Tomas Torres, and Mauel Macias' Request f ,r Disclosure Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. 14th Floor, San Jacinto Building Beaumont, Texas 77701-3255 (409) 981-1000 (409) 981-1010/FAX ATTORNEYS FOR DEFENDANT, CHEVRON U.S.A. INC i 2`y (So5o2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has on this the day of /C O U.S. ------ 2000, been forwarded to all counsel of record by Mail. -iMiifliaef T/7Bridwell DNO-25;*y- i&oio-