Document mpR6LwX3mDdJk9eNenzKajk1J

-- ..'saaaaa SEP0100* 01 532 JAMES L. BURT, III DENNIS M. CONRAD LARRY E. COTTEN BRIAN D. ESENWEIN STEVEN J. GORDON PAUL E. HANSON STEVEN K. HAYES S. JAN HUEBER J. LYNDELL KIRKLEY ROBERT D. MARTINEZ RANDALL SCHMIDT Kirkley Schmidt & Cotten, l.l.p Attorneys at Law 2700 CITY CENTER II 301 COMMERCE STREET FORT WORTH, TEXAS 76102-4127 August 31,2000 B. DAN BERRYMAN KIM MARIE CATALANO JULIE M. CHRISTENSEN CHARLES G. POULS OF COUNSEL: JAMES P. GEORGE TELEPHONE: (817) 338-4500 Via CMKRR#70993220001026241183 William K. Tapscott, Jr. Holly Huart Stephanie Finch BARON & BUDD The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 FACSIMILE: (817) 338-4599 eC'fj" f-MxtkJiJr RE: Cause No. 90G2055; Weldon R. Moake andJanice I. Moake, etal. v. Owens-Coming Fiberglas Corporation (a/k/a Owens Corning Corporation), et ah; In the 239th Judicial District Court of Brazoria County, Texas. Dear Mr. Tapscott, Ms. Huart and Ms. Finch: Enclosed please find E. I. DuPont de Nemours and Company's Designation of Experts in the referenced case. Yours truly, Enclosure cc: All known defense counsel (w/o end.) FIRST CLASS UNITED STATES MAIL Cause No. 90G2055 Weldon R. Moake and Janice I. Moake, et al. vs. OWENS-CORNING FlBERGLAS CORPORATION (a/k/a Owens Corning Corporation), et al. In the District Court Brazoria County, Texas 239th Judicial District E. I. DUPONT DE NEMOURS AND COMPANY'S DESIGNATION OF EXPERTS TO: WELDON R. MOAKE, by and through his attorneys, Holly Huart and Stephanie Finch, whose address is Baron & Budd, The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Pursuant to the Texas Rules of Civil Procedure, E. I. du Pont de Nemours and Company makes the following Expert Designations: 1. Morton Corn. Ph.D. Department of Environmental Health Sciences The Johns Hopkins University 615 North Wolfe Street, Room 6010 Baltimore, Maryland 21205 (410) 955-3602 (410) 955-9334 facsimile Dr. Morton Com is a professor emeritus with the Johns Hopkins University's Department of Environmental Health Sciences in Baltimore. He is currently Director, National Institute of Occupational Safety and Health (NIOSH) Educational Resource Center in Occupational Safety and Health for Training Physicians, Nurses, Hygienists and Safety Professionals, and Director, Division of Environmental Health Engineering. Dr. Com is an industrial hygienist with long-standing experience in addressing asbestosrelated issues from the perspective of an industrial hygienist and government regulator. He received his Ph.D. degree in Industrial Hygiene and Sanitary Engineering from Harvard University's Division of Engineering and Applied Physics in 1961. He served as Assistant Secretary of Labor for the Occupational Safety and Health Administration ("OSHA") from 1975 to 1977 during the Ford Administration. E. I. DuPont De Nemours And Company's Designation OfExperts - Page 1 Dr. Com may testify concerning the following subjects: (a) the uses and characteristics of asbestos and asbestos-containing products; (b) the development of industrial hygiene and occupational safety and health in the United States; (c) the evolution of knowledge in the industrial hygiene community concerning the potential health hazards associated with exposure to dust and asbestos; (d) the characteristics of asbestos dust and fibers and measurements of airborne concentrations ofasbestos dust and fibers; (e) standards, guidelines, procedures and practices relating to the control ofpotential exposure to dust and asbestos dust; (f) exposure assessment and associated exposures for non-asbestos workers and the general public; (g) DuPont's industrial hygiene practices and procedures; and (h) DuPont's practices, programs and procedures for the health and safety of its employees. Dr. Com is expected to address these subjects in a general context, and also as they relate to DuPont. Dr. Com is expected to discuss the specific factual allegations by plaintiffs regarding conditions, procedures, and practices at DuPont. Dr. Corn's testimony is based upon (1) his extensive experience and training in the fields of industrial hygiene and occupational health and safety, (2) knowledge of relevant literature, (3) review of documents, discovery, and testimony regarding plaintiffs allegations, (4) review of relevant DuPont documents; and (5) review of the record in this case. ^ 2. Richard J. Lee. Ph.D. RJ Lee Group 350 Hochberg Road Monroeville, Pennsylvania 15146 (724)325-1776 Dr. Richard J. Lee is President of the RJ Lee Group, Inc., a consulting firm and analytic laboratory in Pittsburgh. Prior to his affiliation with the RJ Lee Group, Dr. Lee was head ofthe U.S. Steel Technical Center's Electron Microscopy and Surface Analysis Section for 12 years. He is a theoretical physicist by training, and received his Ph.D. degree from Colorado State University. Dr. Lee was a member of the Health Effects Institute's Literature Review Panel on Asbestos in Buildings, commissioned by Congress. He has also performed work for the EPA and served on various EPA panels and committees regarding asbestos issues. He has also performed investigations of naturally occurring asbestos and other minerals and methods for detection and identification of such minerals. This has included analysis of bulk, air, water, soil and dust samples. The subject matters on which Dr. Lee may testify include: (a) the history of the guidelines and standards governing exposure to asbestos; (b) the development ofscientific knowledge regarding the measurement of asbestos in the air; (c) the aerodynamics of fibers; (d) exposure levels of various activities in the workplace and in public, commercial and private residences including relevant DuPont facilities; (e) analysis and production of bodies of air sampling data for the Environmental Protection Agency and other governmental and private entities regarding naturally occurring forms of asbestos in the environment; (f) the release of asbestos from clothing; and (g) the results of experiments conducted by himself and others. E. I. DuPont De Nemours And Company's Designation OfExperts - Page 2 lahi-iiii'iiM Dr. Lee is expected to testify based on (1) his extensive experience and training, (2) knowledge of relevant literature and data, (3) review of documents, discovery, and testimony regarding the plaintiffs' allegations, and (4) review of relevant DuPont documents. 3. James M. Crapo. M.D. Chairman, Department of Medicine National Jewish Medical and Research Center 1400 Jackson Street Denver, Colorado 80206 (303)398-1436 Dr. Crapo is a physician specializing in pulmonary medicine. He is Chairman of the Department of Medicine at the National Jewish Medical and Research Center in Denver, Colorado. He is a former Professor of Medicine and Professor of Experimental Pathology at Duke University Medical Center. Dr. Crapo has carried out extensive research into the mechanisms of pulmonary disease resulting from the inhalation of particulates, including the processes associated with asbestos-related disease. Dr. Crapo is expected to testify generally about the reactions of the lungs to inhaled particulates and foreign substances in both industrial and non-industrial environments. Dr. Crapo is expected to discuss, in particular, the biological effects of exposure to asbestos dust, and the etiology of asbestos-related disease. Dr. Crapo is expected to testify that the risk of asbestos-related lung disease is related to dose, and will provide his opinions regarding the levels of asbestos exposure necessary to produce disease. He may also testify concerning his asbestos-related studies and publications as well as other literature and studies related to asbestos-related diseases. Dr. Crapo may also review the x-rays and other medical records of Mr. Moake and render opinions regarding the presence or absence of asbestos-related abnormalities in Mr. Moake's lungs. Dr. Crapo is expected to describe the diagnostic criteria and methods used in the diagnosis of asbestosis, mesothelioma and other asbestos-related conditions. Dr. Crapo may critique the diagnostic reports of the plaintiffs' experts as they relate to plaintiffs' alleged conditions. Dr. Crapo may render opinions regarding the probable cause or causes of Mr. Moake's condition. 4. Dr. Bruce W. Karrh 7 Blackhawk Trail Savannah, Georgia 31411 (912) 598-8992 Dr. Bruce W. Karrh was the Vice President for Integrated Health Care for DuPont from 1993 until 1996 when he retired. Dr. Karrh received a Bachelor of Science degree in Chemistry from the University of Alabama at Tuscaloosa in 1958 and a Medical degree from the Medical College of Alabama in Birmingham in 1962. He entered the United States Army and performed a rotating E. /. DuPont De Nemours And Company's Designation OfExperts - Page 3 internship in 1963 at Brooke General Hospital, Fort Sam Houston, Texas. From 1963 to 1965, Dr. Karrh was a flight surgeon in the U.S. Army medical corps, and from 1965 to 1970, he was in private practice in Athens, Alabama. In 1970, Dr. Karrh became the Medical Supervisor for DuPont's Spruance Plant where he remained until 1973. At that time he became the Research Manager of the Environmental Sciences Group at Haskell Laboratory until 1974. DuPont then appointed Dr. Karrh Assistant Medical Director and then Medical Director in 1977. In 1983, Dr. Karrh was named General Director, Medical, Safety and Fire Protection for DuPont. He was then named Vice President for Safety, Health and Environmental Affairs in 1984 - a position he held until 1993. Dr. Karrh was a long-standing DuPont employee experienced in addressing health and safetyrelated topics and issues at DuPont. As part of his duties at DuPont, Dr. Karrh gained knowledge, both historical and current, regarding DuPont's history of and practices regarding safety throughout the company. In the course ofhis duties, Dr. Karrh became familiar with the history of and practices regarding DuPont's approach to workers' safety and health issues involving exposure to dust and asbestos dust. Much of Dr. Karrh's testimony will be fact testimony; however, he may express opinions in some areas that may be considered expert opinions. Out of an abundance of caution, DuPont is designating Dr. Karrh as an expert because he may be asked to provide such opinions. Dr. Karrh may testify concerning the following subjects: (a) DuPont's history of providing for health and safety ofits employees; (b) policies, procedures and programs for the health and safety of workers including those addressing dust and asbestos dust; (c) medical screening, monitoring and surveillance of DuPont employees; and (d) evolution and understanding of potential health hazards posed by exposures of workers to dust and asbestos dust. 5. John E. Craighead. M.D. IBC, Inc. P.O. Box 1081 Champlain Station Burlington, Vermont 05400 (802) 425-3480 Fax (802) 425-3409 Dr. Craighead is a medical doctor who may testify concerning the following subjects: (a) medical state of the art; (b) overview of the history of asbestos utilization in this country for industrial purposes; (c) evolution and developing concepts regarding the role of asbestos in the causation of disease; (d) development of the disease asbestosis and the clinical and pathological presentations of that disease; (e) historical perspective of asbestosis as a disease process; (f) the synergistic effect of cigarette smoking and exposure to asbestos in the disease process; (g) pulmonary abnormalities in workers due to cigarette smoking; (h) characteristics of exposure to asbestos as it applies to the disease lung cancer; (i) studies showing that asbestos is and was not a contributor of lung cancer; (j) synergistic effect of cigarette smoking and asbestos that is now well established in medical literature as it relates to cigarette enhancing effects of exposure to asbestos; E. 1. DuPont De Nemours And Company's Designation OfExperts - Page 4 WtacOTWiMtMiNaBaitt -:IBa;aM;iiaMMaiK.aiisiBa,L.iLmiaag< mifgy'-T, t. (k) promoter concept of carcinogenesis with regard to lung cancer and asbestos exposure; (1) asbestosis as a marker ofheavy and prolonged exposure to asbestos; (m) the clinical and pathological presentation of mesothelioma; (n) medical state of the art review of epidemiological studies of individuals exposed to specific types of asbestos fibers; and (o) the latency period for the disease mesothelioma. 6. Mark R. Wick. M.D. University of Virginia Health System Pathology Department 301 Peacock Drive Charlottesville, VA 22903 Dr. Wick may testify, live or by deposition, regarding his opinions relating to the merits of Plaintiffs claims and the defenses offered by Defendants, including opinions on liability, damages, and causation issues in this case. The witness is expected to testify that any asbestos exposure of Plaintiffs allegedly attributable to Defendant was not the cause, nor did it contribute to cause Plaintiffs' alleged injuries. The witness may testify that some other exposures to asbestos at other plants, was the cause of the cancer, injuries, damages and death alleged herein. The witness may gather facts, conduct research and perform tests in formulating opinions regarding causation in this case. The witness will need to gather additional facts before being able to formulate his final opinions and impressions on these several issues. He will testify regarding pathology, the effect of asbestos on human and the relationship of alleged asbestos exposure to disease generally and particularly how the exposures alleged in this case may have been the medical and/or legal cause of the injuries, damages and death alleged by Plaintiff. He may further testify about his review of the medical records, pathology and/or work history of Plaintiffs and Plaintiffs' medical condition, and the cause of Plaintiff s medical condition. His testimony may also include discussion of asbestos and its effect on human health generally and Plaintiffs specifically, and the effect that other substances have on human health generally and Plaintiffs condition specifically. He may also testify regarding the medical conditions of each Plaintiff based on review ofmedical records, x-rays, Plaintiffs experts' reports and supplemental reports and his training, experience and other special expertise. Further, he may testify concerning the increased risk, if any, of cancer faced by asbestos exposed workers and the prognosis of such individuals. He may testify as to any other matter raised by experts called by Plaintiffs, any co-Defendants, or any other matter which he may be so qualified to testify. Additional Expert Designations Plaintiffs have not provided adequate information about Mr. Moake's alleged disease and testifying experts to allow DuPont to determine which additional experts it may need in this case. Further, Plaintiffs have not provided reports from their experts regarding what opinions they may assert with respect to DuPont or Plaintiffs' claims against DuPont, nor have Plaintiffs made their experts available to DuPont for deposition despite DuPont's request for such depositions. As E. I. DuPont De Nemours And Company's Designation OfExperts - Page 5 recognized by the Texas Rules on discovery and expert designations, DuPont is not in a position to make more extensive expert designations under these circumstances. To require a party to retain experts without the benefit of this essential information puts the party to an undue burden and unnecessary expense. By malting this designation, DuPont does not waive any objections it may have or any relief it may seek as a result pf Plaintiffs' failure to comply with the rules governing expert discovery. DuPont will supplement this designation, if necessary, after adequate information is provided with respect to Plaintiffs' testifying experts. 7. It is anticipated that a radiologist with specialized training and experience in "B" Readings will be necessary to review, interpret and render opinions regarding x-rays of Mr. Moake. This expert is expected to testify generally about presentations seen on x-rays and to explain the presentation that is seen. It is also anticipated that this expert would testify specifically about the findings seen on Mr. Moake's x-ray films and is anticipated to render an opinion regarding the absence or presence of the findings of any asbestos-related condition of the lung. 8. It is further anticipated that a pulmonologist will be designated to discuss the physical condition of Mr. Moake's disease process and also to discuss Mr. Moake's medical records. This expert is also expected to discuss the anatomy and function of the respiratory system in the human body. This expert is expected to discuss the nature of asbestos, the symptomatology, disease process and diagnosis of asbestosis and cancers associated with the respiratory and related systems. It is also anticipated that this expert will testify regarding the methods ofdiagnosis ofalleged asbestos- related diseases as compared to other non-asbestos related diseases. It is anticipated that this expert will also discuss historical and/or medical literature pertaining to asbestos-related conditions and other diseases of the respiratory and related systems. 9. It is anticipated that a construction expert will be designated to discuss the construction of structures on DuPont's plant sites. This expert is expected to testify generally about construction practices and specifically about the relationship of construction contractors and DuPont's plant sites. It is anticipated that this expert will testify regarding control of the construction project site, usage of asbestos, precautions taken and the relationship between contractors and DuPont. 10. To the extent any experts designated by other parties are allowed to testify at the trial in this matter, DuPont hereby cross designates all experts listed by all parties. 11. The following are listed by Plaintiff WELDON MOAKE as treating physicians or health care facilities where he sought treatment. To the extent any of these physicians or representatives Of health care facilities are listed by Plaintiff WELDON MOAKE as experts or fact witnesses, DuPont reserves the right to call them as witnesses and to elicit opinions from them. Dr. Keil Corpus Christi, Texas E. I. DuPont De Nemours And Company's Designation OfExperts - Page 6 Dr. M. H. Blaine 3314 South America Corpus Christi, Texas Dr. Fred B. Brackett 613 Elizabeth, Suite 612 Corpus Christi, Texas 78404 Dr. Donald L. Iden 4521 South Staples Corpus Christi, Texas 78411 Dr. David Garza Corpus Christi, Texas Dr. Charles Hedberg (Deceased) Corpus Christi, Texas Dr. John Richard Porter 612 Elizabeth Street Corpus Christi, Texas 78404 Dr. Paul W. Heath 1521 South Staples, Suite 704 Corpus Christi, Texas 78404 Dr. Sergio Tavares 612 Elizabeth Street, Suite 302 Corpus Christi, Texas 78404 Dr. Daniel Jackson (Deceased) Houston, Texas Dr. John R. Kelsey, Jr. Kelsey-Seabold Clinic West 1111 Augusta Drive Houston, Texas Dr. Bobby Chu 1001 Cross Timbers, Suite 1250 Flower Mound, Texas 75028 E. I. DuPont De Nemours And Company's Designation OfExperts - Page 7 Dr. David C. May 614 Edmonds Lane, Suite 101 Lewisville, Texas 75067 Dr. Glenn Genevese 651 Cross Timbers, Suite 104 Flower Mound, Texas 75028 Dr. Dennis Costa 475 West Elm, Suite 101 Lewisville, Texas 75057 Dr. Lyle Brown Denton, Texas Dr. Dong Moon Shin 1515 Holcombe Boulevard Houston, Texas 77030 Dr. Garrett L. Walsh 1515 Holcombe Boulevard Houston, Texas 77030 Dr. Donald E. Schwarz Presbyterian Hospital of Dallas 8200 Walnut Hill Lane Dallas, Texas 75231 Dr. Clark Byroad 575 North Valley Parkway, Suite 100 Lewisville, Texas 75067 Dr. Katherine Pisters 1515 Holcombe Boulevard Houston, Texas 77030 Dr. Reuben Lewisville, Texas Dr. Goldberg Lewisville, Texas E. I. DuPont De Nemours And Company's Designation OfExperts - Page 8 U. S. Army Hospital Frankfurt, Germany Spohn Memorial Hospital 2606 Hospital Boulevard Corpus Christi, Texas 78405 St. Luke's Episcopal Hospital 6720 Bertner Avenue Houston, Texas 77030 University of Texas M. D. Anderson Cancer Center 1515 Holcombe Boulevard, Box 506 Houston, Texas 77030 Medical Center of Lewisville 500 West Main Lewisville, Texas 75057 State Bar No. 04861600 Dennis M. Conrad State Bar No. 04706400 S. Jan Hueber State Bar No. 20331150 Kirkley Schmidt & Cotten, L.L.P. 2700 City Center II 301 Commerce Street Fort Worth, Texas 76102-4127 (817)338-4500 (817)335-4599 Fax Attorneys for Defendant E. I. du Pont de Nemours and Company E. I. DuPont De Nemours And Company's Designation OfExperts - Page 9 isggngwgiaatswwa m CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served on Plaintiffs' counsel by certified mail, return receipt requested, and a copy of the correspondence letter was served on all other known counsel by regular U.S. mail on this the J/#~day of August, 2000. Counsel /AAjMy\ E. /. DuPont De Nemours And Company's Designation OfExperts - Page 10