Document rp56MQYBJnQJMaQ8y2qQj9onv

FILE NAME: Pfizer (PFIZ) DATE: 1985 DOC#: PFIZ045 DOCUMENT DESCRIPTION: Legal - Answers to Interrogatories in Maryland vs. Keene Corp. i STATE OF MARYLAND, plaintiff, v. KEENE CORPORATION, et al., Defendants. IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY CIVIL ACTION NO. 1108600 OBJECTIONS AND RESPONSES OF DEFENDANT PFIZER INC. TO PLAINTIFF'S FIRST SET OF INTERROGATORIES Pfizer Inc. ("Pfizer") responds to Plaintiff's First Set of Interrogatories ("Plaintiff's Interrogatories") as follows: GENERAL OBJECTIONS - " "-- "Plaint-rff1s 'Inter rligatories to ihe7 extent that they seek information generated: (a) prior to 1965, the date when Pfizer first commenced selling an asbestos-containing construction product; and (b) except as otherwise hereinafter specifically provided, after December 31, 1972, the date when Pfizer ceased selling any asbestos-containing construction product. V' n vN V SAMPLE 16723 UTtn -2- , 2. Pfizer objects to Plaintiff's Requests to the extent that they seek information relating to sales of asbestos-containing products by Pfizer to any entity or entities other than plaintiff or entities specifically identified by plaintiff as having been in the chain of distribution of asbestos-containing construction products from Pfizer to plaintiff. Pfizer has no knowledge of whether any asbestos-containing construction product sold by it to another entity was resold by that entity to plaintiff. Such information, if any, and if discoverable at all, must come from plaintiff. 3. Pfizer objects to Plaintiff's Interrogatories to the extent they seek information protected from discovery by the attorney-client privilege or the work-product doctrine. Plaintiff 's Tnter rogatorles to the extent that many paragraphs thereof are duplicative and repetitive of other paragraphs and require Pfizer to provide the same information on more than one occasion. 5. Pfizer objects to Plaintiff's Interrogatories to the extent that they require Pfizer to gather and summarize information contained-in voluminous papers that are already matters of public record. 6. Pfizer objects to Plaintiff's Interrogatories to the extent that they violate Rule 2-421 (c) of the Maryland Rules of Civil Procedure. SAMPLE 16724 -3- 7. Pfizer objects to Plaintiff's Interrogatories to the extent that they assert as established facts unproven conclusions. 8. Pfizer objects to Plaintiff's Interrogatories to the extent that they seek information equally available to Plaintiff as to Pfizer. 9. Pfizer objects to the Definitions and Instructions contained in Plaintiff's Interrogatories and asserts that it will respond to Plaintiff's Requests in accordance with the requirements of Rule 2-421 of the Maryland Rules of Civil Procedure, the Pretrial Orders of this Court and normal English usage. 10. Pfizer objects to Plaintiff's Interrogatories to the extent that they seek information relating to Pfizer products r-oistoce-r--thab-rthos^-constr uefeion-pr oduct-s-- that-- con ta-ined-asbestos-.-- 11. Pfizer objects to Plaintiff's Interrogatories to the extent they seek information relating to any aspect of Pfizer's business other than the Gibsonburg, Ohio, facility acquired by Pfizer on December 31, 1964, which is the only Pfizer facility that has ever manufactured an asbestos-containing construction product suitable for use in plaintiff's Public Buildings. Therefore, unless specifically noted to the contrary, all responses are made with respect to Pfizer's Gibsonburg facility only. 12. Pfizer objects to Plaintiff's Interrogatories to the extent they seek information relating to any subsidiary of SAMPLE 16725 -4Pfizer that never manufactured any asbestos-containing construction product suitable for use in plaintiff's public buildings. 13. Pfizer objects to Plaintiff's Interrogatories to the extent they seek to require Pfizer to attach copies of documents or to create an index or list of documents for plaintiff's benefit. Pfizer will produce responsive documents not subject to specific or general objections in response to Plaintiff's Requests to Produce. 14. Pfizer objects to Plaintiff's Interrogatories to the extent that they prematurely seek information from Pfizer before Pfizer has had sufficient discovery from Plaintiffs. 15. Pfizer objects to Plaintiff's Interrogatories except as they relate to the issue of product identification on the asbestos-containing construction product made by Pfizer that was placed in buildings of plaintiff, that was or is friable, and for which abatement has been planned, begun or concluded. 16. Pfizer objects to Plaintiff's Interrogatories to the extent they seek disclosure of information generated by persons other than Pfizer which has come into the possession of Pfizer's attorneys during the course of discovery and trial preparation in asbestos-related litigation. Subject to all of the foregoing General objections, Pfizer responds to Plaintiff's Interrogatories as follows: SAMPLE 16726 -5- RESPONSES AND SPECIFIC OBJECTIONS 1. Identify the person or persons who have participated in the preparation of each of the answers to these interrogatories. Response: W. E. McCoy Director, Engineering & Production Services Easton, Pennsylvania R. H. Lepley Technical Service Manager Easton, Pennsylvania z------ - -D-.-Br-.ani -- .- - - :.................. ... - Group Products. Manager, Minerals Easton, Pennsylvania ----- Pfizer's Counsel 235 East 42nd Street New York, New York 2. State the full and complete legal name under which your company and every predecessor or successor is now doing business and has done business at all times from the date when it began mining, processing, manufacturing, distributing, installing and/or selling asbestos, asbestos products or asbestos-containing products. SAMPLE 16727 -6- Response; Pfizer Inc. is a Delaware corporation formerly known as Chas. Pfizer & Co., Inc. On December 31, 1964, Pfizer acquired certain assets, including a production facility in Gibsonburg, Ohio, and the Kilnoise trademark, from the Gibsonburg Lime Products Company (GLPC). GLPC was not a predecessor entity of Pfizer. On January 13, 1962, GLPC had acquired the Kilnoise trademark and the production facility at which Kilnoise was made from Basic, Inc. ("Basic"). Pfizer assumed the liabilities of GLPC, but GLPC did not assume any liabilities of Basic. Pfizer therefore denies responsibility for sales of Kilnoise prior to January 13, 1962. 3. For each and every company identified in response to Interrogatory No. 2 state: a. The date and State of incorporation; .b. The date and State of. any.registration or _____ c. and Basic. qualification to do business for any state other than the state of incorporation, If not presently owned by your company, then state the date of sale or other disposition, to whom sold or disposed, and the terms and conditions of the sale or disposition. Response: (a) - (b) Unknown with respect to GLPC (a) response to Interrogatory No. 2. Pfizer states that - (b) With respect to SAMPLE 16728 -7it was qualified to do business in Maryland from November 18, 1965. to November 3, 1969. (c). Inapplicable with respect to Pfizer. 4. State the full and complete legal name of all subsidiaries that your company presently owns or owned at any time from 1930 to the present that is now doing business or ever did business in the mining, processing, manufacturing, distribution, installing and/or selling asbestos and/or asbestos-containing products and for each subsidiary state: a-. State (s) of incorporation, registration and qualification to do business; b. Date acquired by you; c. Whether presently owned and if not presently r --------- ----owned-,-when -sold; if-sold.,--the date of-- sale,-to :~ whom sold and the terms and conditions of sale. Response: Pfizer specifically incorporates herein by reference its General Objections Nos. 1 and 10-12. 5. For each and every company identified in response to Interrogatories 2 and 4, state specifically and separately: a. Each type of asbestos or asbestos product mined, processed, manufactured, distributed, and/or applied; SAMPLE 16729 -8- b. c. d. e. -- f . g. h. For each type of asbestos or asbestos product the date you began and date you ended mining, processing, manufacturing, sale, distribution or application; For each type of asbestos or asbestos product the date you placed it on the market, and if applicable, the date you withdrew it from the market; For each type of asbestos or asbestos product the generic name, brand name and/or trademark name; For each type of asbestos product the mineralogical and other constituents including the percentage and weight of asbestos and of each constituent contained therein; The full description of ..each type.of asbestos or asbestos product; The intended use of each type of asbestos or asbestos product; The container in which the asbestos or asbestos product is/was sold, e.g., bags, drums, boxes, e t c .; i. The company name under which he product was market, distributed or sold. Response; (a) The only asbstos-containing construction product manufactured by Pfizer was Kilnoise. (b) 1965 - 1972. SAMPLE 16730 -9- (c) 1965 - 1972. Kilnoise was first put on the market in the mid-1940's by the Kelly Island Lime and Transport Co. It was subsequently made and sold by Basic and GLPC. See also Pfizer's response to Interrogatory No. 2. (d) Kilnoise (e) 89.1% lime 9.9% asbestos 0.75% foaming agent 0.25% glass fibers (f) chrysotile 6D 6. -- (g) acoustical plaster (h) 50 lb. kraft bags (i) Pfizer Inc. If you mined asbestos state: a*.--- -The -name andlocation-o-f -each .mine;-. ______ ... . b. During what period of time you have mined asbestos at each mine; c. The identity of the type of asbestos mined at each location; d. Whether you supplied since 1930 any of this mined asbestos to any of the other defendants in this case or any other person or entity located in the Maryland area. If so state specifically for each such transaction: SAMPLE 16731 -lO- ti) The date (s) (ii) The parties (iii) The place where transaction occurred; (iv) The invoice number; (v) The compensation paid. e. Whether any warnings, cautions, caveats or directions accompanied any of the transactions referred to in (d) and, if so, the date they first appeared. Response : (a) - (e) Not applicable. 7. If you manufactured asbestos-containing products then state separately and specifically; a. The identity and location of each manufacturing plant that produces or did produce -, : asbestps^containing .products ; . b. The date each plant was first put into operation; c. The identity of the product made at each plant since the plant first operated; d. The dates each product in (c) above were made at that plant; e. The date the plant was taken out of production of asbestos products. Response : a. See Pfizer's response to Interrogatories Nos. 2 and 5. b. The Gibsonburg Facili operation when acquired by Pfizer in 1965. Pfizer SAMPLE 16732 -11- believas that Kilnoise was manufactured at that facility beginning in the late 1950's and was manufactured at White Rock, Ohio prior to that time. c. , Kilnoise. d. . See response to (b) above, f. . 1972. 8. If you did not mine asbestos state: a. From what source or sources, if any, did your company obtain mined asbestos since 1930; b. Whether any warnings, cautions, caveats, or directions accompanied the material referred to in (a) and the nature and extent of said warnings, cautions, caveats or directions accompanying said asbestos; -- c-r-- rApproximately what-date- said warnings ^-cautions-,- caveats or directions first accompanied or appeared on the mined asbestos. Response: a. See Pfizer's responses to plaintiff's document production requests. warnings. b. Pfizer is not aware of any such c. See response to (b) above. SAMPLE 16733 -129. If you neither mined asbestos nor manufactured asbestos products state: a. From what source or sources, if any, did your company obtain asbestos, asbestos products or asbestos containing products since it first commenced business operations: b. Whether any warnings, cautions, caveats, or directions accompanied the asbestos, asbestos products, or asbestos containing materials referred to in (a) and the nature and extent of said warnings, cautions, caveats or directions; c. Approximately what date said warnings, cautions, caveats, or directions first accompanied or appeared on the asbestos, asbestos products or Response: (a) - (c) Not applicable. 10. State whether you have imported asbestos or asbestos materials into the State of Maryland or the Maryland area since 1930. If so, state: a. The identity of the person or entity who supplied you the imported asbestos or asbestos materials, the date of each such transaction and the cost; b. The period of time you have imported asbestos or asbestos materials; SAMPLE 16734 -13- c. Whether you supplied or sold any of the imported asbestos or asbestos materials to any other person or entity in the Maryland area and, if so, identify the parties and dates to all such transactions ; d. whether any warnings, cautions, caveats or directions accompanied the materials referred to in (a) or (c) and the date these first appeared. e. The manner in which the asbestos, or asbestos materials were imported into the State of Maryland or the Maryland area; f. Identify the shipping records and other documents which evidence, reference or relate to your response to each sub-part of this Interrogatory. ---- Response ;- No.-. . .......... . .. .... .. (a) - (f) Not applicable. 11. Identify all present or former directors, corporate officers, managers or employees who have or had the responsibility of creating, directing or setting policy with regard to the mining, manufacturing, processing, sale, packaging, distribution and/or application of asbestos products since 1930. For each person identified state: a. Position held; b. Dates at each position; c. Name of company at the time. SAMPLE 16735 -14Response: Pfizer specifically objects to this Interrogatory on the grounds that it is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to this specific objection, Pfizer states that it is aware of the following people who may have knowledge of the manufacture and sale of Kilnoise: W. E. McCoy R. H. Lepley H. Rourke - Former Sales Manager, Miami, Florida R. Morgenthaler - Former Foreman, address unknown. J. Garn - Former Sales Vice President Gibsonburg, Ohio. R. Plantz - Former Quality Control Manager, deceased. 12. 1930; P. Might - Former purchasing manager R. Fear - Former controller Identify the following persons for each year since a. All officers, directors, managers and heads of divisions of your company who have or had any responsibility for products identified in response to Interrogatory 5. b. All persons having any responsibility for the maintenance of health and safety at your company; SAMPLE 16736 -15c. All physicians, nurses, and nurse's aides, whether they were your employees or independent contractors, who provided pre-employment physical examinations, periodic physical examinations, or treatment to employees of your company; d. All persons at your company having any responsibility for occupational safety, air quality samples, dust counts or monitoring asbestos-related environmental or health problems e. All persons having any responsibility for the investigation or settlement of worker's compensation claims for your company. Response: Pfizer specifically incorporates herein by reference its General Objections Nos. 1 and 10-12. iFurthermorer Pf-izec.-speciJ&ieally objects to this -Interrogatory, on the grounds that it is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. See also Pfizer's General Objections. Subject to these objections, Pfizer responds as follows: a. See Pfizer's response to Interrogatory No. 11. b. None. c. Dr. Damshorter Gibsonburg, Ohio d. None e. R. J. Russell former personnel manager SAMPLE 16737 -16- 13. Have you at any time since 1930 directly or indirectly sold, delivered or supplied any asbestos or asbestos containing product to the State of Maryland? Response: No. 14. Have you at any time since 1930 directly or indirectly sold, delivered or supplied any asbestos or asbestos containing products to any distributor, dealer, supplier, installer or any other person for resale or delivery to the State of Maryland? Response: No. .1.5. If Interrogatory 13 or 14 is answered in the affirmative, state for each such sale, delivery, or supply: a. The date, invoice number and purchase order number of each sale, delivery or supply; b. The generic, brand and trade names of each asbestos p r o d u c t ~ -~r~ \-.:r\r c. The identity of the building or facility where the asbestos or asbestos product was to be used or installed; d. The chemical and mineralogical composition of the asbestos and non-asbestos content by weight and percentage; e. The quantity and price of each sale or delivery; f. The identity of the person or entity who placed and accepted the order; SAMPLE 16738 -17g. The department and officer or employee at your company who accepted, packaged and shipped the order ; h. The identity of all documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response: (a) - (h) Not applicable. 16. With regard to each order, sale, delivery or supply identified in your response to Interrogatory 15, state whether you provided to the State of Maryland any of the following items, and if so, identify all documents that evidence, reference or relate to your answer to each of the following sub-parts of this Interrogatory: a. Specifications or technical material; --- - - -b. - -- Advertising-or- promotional-material-;.-.---- --- c. Instructions concerning the proper use of the material; d. Warnings regarding the products you sold and/or delivered; e. Warranties. Response : (a) - (e) Not applicable. 17. Have you at any time installed any asbestos or asbestos containing products in any Maryland Public Buildings? Response: No. 18. If Interrogatory No. 17 is answered in the affirmative, state for each such installation: SAMPLE 16739 -18- a. The date(s) of installation; b. The exact location of the installation, including the identity of the building and the location within the building of the installation; c. The generic, brand, and trade names of each asbestos product installed; d. The exact quantity and price of each asbestos product installed; e. The name of the person or entity who placed and accepted the order; f. Whether the installation was done under any contract or sub-contract with any general contractor or sub-contractor; g. The identity of all documents which evidence, .-- or relate to your-response to-each__ sub-part of this Interrogatory. Response: (a) - (g) Not applicable. 19. For each type of asbestos or asbestos product identified in response to Interrogatory 5, state whether you claim that any patent would cover any such product, and if so, then state: a. The number of each such patent; b. The date the patent was issued; c. The number of any patent application that is still pending. Response: (a) - (c) Pfizer was not granted a patent for Kilnoise. SAMPLE 16740 -19- 20. For each type of asbestos or asbestos prouct identified in response to Interrogatory 5, state whether the product (s) has ever been altered in chemical composition to increase, reduce or eliminate the percentage of asbestos by type, weight and/or composition since the product was first marketed. If so state specifically and separately: a. The trade name of each such product; b. The date each such product was altered; c. The nature of the alteration; d. The reason for the alteration; e. The identity of the documents which evidence, reference or relate to your response to each sub-part of this Interrogatory. Response : a. Kilnoise ' - --- - b. 1972 ....................... -------------- ------- c. .Removal of asbestos from formulation d. OSHA regulations on asbestos e. See Pfizer's responses to plaintiff's document production request. 21. For each type of asbestos or asbestos product identified in response to Interrogatory 5, identify any non-asbestos containing product within your knowledge which was, could have been, or is being used for the same purpose s the asbestos product. State separately and specifically: a. The name of your asbestos product; SAMPLE 16741 -20- b. The name of any non-asbestos product capable of being used as a substitute product; c. The exact date you had knowledge the non-asbestos product was used for the same purpose as the asbestos product; d. The exact date the non-asbestos product first could have been used for the same purpose as the asbestos product; e. All documents which evidence, reference or relate to any such agreement(s). Response: (a) Kilnoise (b) Pfizer is not aware of the identity of any products response to-"(:b-) -above---- ~ ^-----^ (d) Unknown (e) Pfizer has no documents responsive to this request 22. For each type of asbestos or asbestos product identified in your response to Interrogatory 5, identify all distribution agreements in effect at any time between 1930 and 1979 between you and any business entity or individual located or resident in the Maryland area or with any person or entity outside the Maryland area for distribution within the Maryland area, stating specifically and separately: a. The identity of the business entity or individual; SAMPLE 16742 -21b. The type and effective date of any such agreement; c. The territory specified in the agreement(s); d. All documents which evidence, reference or relate to any such agreement(s). Responser (a) - (d) Pfizer is aware of no written distributorship agreements with entities located in the State of Maryland. 23. For each type of asbestos or asbestos product identified in your response to Interrogatory 5, identify all cross-agreements, licensing agreements, re-branding agreements, re-labeling agreements, or other similar type agreements in effect at any time between 1930 and 1979 between you and any business entity or individual located or resident in the Maryland area or with any business entity or individual outside t h e `Maryi-and-axea-ior distribution within the Macyiand-area, - -stating specifically and separately: a. The identity of the business entity or individual; b. The type and effective date of any such agreement; c. The territory specified in the agreement(s); d. All documents which evidence, reference or relate to any such agreement(s). Response: (a) - (d) None. 24. F,or each type of asbestos or asbestos product identified in response to Interrogatory 5, identify: a. All persons who performed services related to research and development of the product; SAMPLE 16743 22 b. All persons who approved the acceptance of the product design; c. Any federal, state or local law, regulation or standard, code or specification or industry standard which the product was designed to satisfy; d. All documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response: Pfizer specifically objects to this request on the grounds that it is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to this specific objection, Pfizer responds as follows: a, R. Lepley V. Tadsen H. Rourke R. Plantz b. Unknown c. Federal Specification SS-A-111 New York City Administrative Building Code C26-1780. See also Pfizer's responses to plaintiff's document production requests d. See Pfizer's responses to plaintiff's document production request. 25. State the exact manner and extent to which each type of asbestos or asbestos products identified in your answer to Interrogatory 5 were investigated, tested, examined and SAMPLE 16744 -23- experimented with by you to determine the effects of airborne asbestos fibers upon being inhaled into the human body or any potential adverse health effects or health hazards associated with use of or exposure to the asbestos or asbestos product prior to marketing the asbestos product. Response; No such tests are conducted by Pfizer. 26. If your response to Interrogatory 25 is that experiments, tests, and investigations were in fact conducted, then state separately and specifically for each such test; a. A full description of the tests, experiments and/or investigations; b. The date(s) the tests were conducted; c. The results of the tests; d. The identity of the person(s) conducting the ------- -. tests--and-approving-the-test- r-esul-fes-^.. ----- -- e. The identity of all persons or entities to whom the results of the tests were sent including but not limited any officer, director or representative of your company; any other, person, entity or company engaged in mining, manufacture, distribution or application of asbestos or asbestos products; any purchaser or user of the products; any labor organization representing workers who use or install such products; and any governmental entity; SAMPLE 16745 -24- f. The identity of all documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response ; (a) - (f) Not applicable. 27. If your answer to Interrogatory 25 is that no investigations, tests, examinations or experiments were conducted, then state why they were not conducted and identify all documents which evidence, reference or relate to your inaction. Response ; Pfizer never had any indication that asbestos was potentially dangerous until the early 1970's. In addition, the application and all subsequent working of the product was done while it was wet. In 1972, asbestos was removed from the Kilnoise formulation. : 2 8 ; ' State- whether- any-.use in buildings of any type of asbestos or asbestos product identified in your response to Interrogatory 5 has been banned or restricted by any governmental entity. Response ; N o . 29. If your response to Interrogatory 28 is in the affirmative, then identify each such governmental entity that has banned or restricted the use of any type of asbestos or asbestos product, state the effective date of the ban or restriction, identify the specific type of asbestos or asbestos product subject to the ban or restriction, and state whether or SAMPLE 16746 -25not you thereafter conducted any investigations, tests, experiments, or examinations, to determine the effects of airborne asbestos fibers upon being inhaled into the human body or any adverse health effects or health hazards associated with use of or exposure to your asbestos or asbestos products installed in buildings. If so, then state as to each such investigation, test, experiment or examination (collectively "test"): a. The identity of the person conducting the test; b. The date of the test; c. The result of the test; d. The action you took when you received the test result; e. The identity of all documents which evidence, --- : -- -------xeer-enee ox--relate--to ygut-- resppnse--tq- this- Interrogatory.and all of its sub-parts. Response: (a) - (e) Not applicable. 30. If the answer to Interrogatory 29 is in the affirmative, state whether you made any changes to the product as a result of such tests. If so, identify the change and the person responsible for making it and identify all documents which evidence, reference or relate to your response. Response ; Not applicable. 31. At any time after marketing or otherwise releasing for sale any asbestos products identified in your response to SAMPLE 16747 ` -26- Interrogatory 5, state whether any tests, experiments or investigations were conducted thereon to determine any potential health hazards involved in the use of or exposure to the materials contained therein and, if so: a. Identify each person conducting said tests, experiments or investigations; b. State the dates of any such tests; c. State the results of any such tests; d. Identify any written memoranda, specifications, reports, recommendations, analyses, assessments or other written materials of any kind or character relating to the testing of the said products. Response: (a) - (d) No. ass=r.=32*. -iR te - g o g a-tory----3J.--juB--ln--rthfe^ -- _ affirmative, state whether you made any design changes as a result of such tests, and, if so: a. State the nature of the changes made and the dates such changes were made; b. Identify each person responsible for making and approving such a change; c. Identify all documents which evidence, reference or relate to any such changes. Response: (a) - (c) Not applicable. SAMPLE 16748 -2733. From 1930 to the present, have you conducted, had conducted for you, participated in, cooperated with, funded or supported any investigation, study, test, review or analysis (hereinafter referred to as "studies") concerning asbestos-induced or related diseases, asbestosis, mesothelioma, pulmonary disease, cardiac diseases or cancer. Response : N o . 34. From 1930 to the present, have you conducted, participated in, financed, had conducted for you, or otherwise supported any studies, to determine the effects of asbestos on persons working with any asbestos or any asbestos products? Response ; N o . 35. From 1930 to the present, have you conducted, participated in, financed had conducted for you, or otherwise supported any studies .to. :determine- the ef fects -ot-inhalafci-on- of asbestos dust or fibers by any one using or being exposed to asbestos or asbestos products. Response: No. 36. From 1930 to the present, have you conducted, participated in, financed, had conducted for you or otherwise supported any studies which had the purpose to prevent, minimize, or eliminate inhalation of asbestos dust and fibers by those using or exposed to asbestos or asbestos products? Response : No. t SAMPLE 16749 -2837. From 1930 to the present, have you conducted, participated in, financed or had conducted for you or otherwise supported any laboratory tests, simulated field condition tests or other controlled environment tests to determine how much dust containing asbestos fibers would be created when asbestos insulation products were used? Response: No. 38. From 1930 to the present, have you conducted, had conducted for you, participated in, cooperated with, funded or otherwise supported any studies to determine how long asbestos containing products could be left in place without releasing dust containing asbestos fibers? Response: Pfizer has performed various durability tests relating to Kilnoise, none dealing specifically with :.-asbes:tos-ror-therrreleaseofr asbestos--fibers..^7Se_Pfizer_^__^__ response to plaintiff's document production request. 39. From 1930 to the present have you conducted, had conducted for you, participated in, cooperated with, funded or otherwise supported any studies to determine the extent or nature of the friable characteristics of asbestos products? Response: No. 40. If your response to any one of Interrogatories (33) (39) is in the affirmative, then state separately and specifically as to each study: SAMPLE 16750 -29a. The identity o the study; b. The identity of the persons conducting the study; c. The results of the study; d. The date of the study; e. The person(s) who received copies of the study; f. The actions taken as a result of the study; g. The identity of the persons taking the actions in (f) above; h. The identity of all documents which evidence, reference, or relate to your response to each sub-part of this Interrogatory. Response; (a) - (h) See Pfizer's responses to plaintiff's document production request. 41. State whether you have contributed any funds to research' for- asbestos and its relation to lungy hearty : ~ respiratory, gastrointestinal and/or larynx disease? If so, please state for each contribution, the amount of money contributed, when and to whom it was contributed, and identify any reports or reports from each individual or organization to whom funds were contributed. Response : N o . 42. For each product identified in your response to Interrogatory 5, state whether, at any time since 1930, you ever considered providing any warning, using any caution label, or imposing any restriction on use of the product with respect SAMPLE 16751 -30- to the possibility of physical injury or death resulting from the use, or exposure to, the asbestos or asbestos products. If so, state separately and specifically for each time considered: a. The date(s) the matter of warnings was considered; b. The identity of the persons who considered the matter of warnings; c. The substance of the discussion of whether or not to warn; d. The outcome of the discussion; e. The identity of all documents which evidence, reference or relate to the matter of warnings. Response: (a) - (e) No. 43. From 1930 until the present, did the asbestos or asbestos products identified in your answer to Interrogatory 5 :th"at, :wexermined-,:- m:anu-actured ,-d istributed or applied by. .y.ou,__ actually contain any warning, caution, caveat or other statement on te product or its packaging. If so, for each type of mined asbestos, asbestos product or asbestos material mined, manufactured, distributed or applied by you, state the following: a. The verbatim content of each warning; b. The exact date the warning was first given; c. The exact date the decision was made to use the warning; d. The identity of each person who participated in making the decision to warn; SAMPLE 16752 -31The first date each of your asbestos products had a warning affixed to it? The identity of the author of each such warning; Whether the warning was altered, amended or changed in any manner since it was first issued. If so, repeat the answers required by (a) through (f) above. If you contend the warnings were communicated or delivered to any distributor, then state the identity of the persons who communicated and who received the warnings; If you contend the warnings were communicated or delivered to any purchaser, then state the identity of the persons who communicated and who -- --received-the-war-nings ;-- ----- ---- - If you contend the warnings were physically attached to the product itself when sold and/or delivered by you, identify the method of attachment and its precise location on the product; Whether any studies, evaluations or analyses of any potential hazards of your asbestos product were conducted by you prior to your use of each of the warnings and/or instructions, and if so, then identify each study, evaluation or analysis SAMPLE 16753 -32- as well as identify the person(s) who were the authors of the study, evaluation of analysis; 1. Identify all documents which evidence, reference or relate to your answer to any and all sub-parts of this Interrogatory. Response : (a) - (1) No. 44. If you contend that for any time since 1930 you published and/or distributed any brochures, sales literature, pamphlets or other written materials of any kind or character that contained any warnings, cautions, caveats or directions concerning potential health hazards or the possibility of physical injury or death resulting from the use of or exposure to the products listed in your response to Interrogatory 5, then state for each product: -- - :-HPhe-HL-den tl%y^of ^^ld.^uG^h -wE4t-t-en^mate-c-ia-l-s b. The method used to distribute the written materials to persons who were likely to use or be exposed to the products; c. The date such written materials were issued; d. The identity of the author of the written materials. Response : (a) - (d) Pfizer does not so contend. 45. State whether you have ever obtained any information, oral or written, that any other miner, manufacturer, distributor or applicator placed any warning caution or caveat SAMPLE 16754 -33- on any of their asbestos or asbestos products. If so, then state separately and specifically as to each instance: a. The verbatim content of the warning; b. The exact date you first knew of the warning; c. The date(s) you discussed each such warning; d. The identity of all persons who discussed each such warning; e. Whether you initiated and study, evaluation or analysis as a result of the warning and if so, the identity of the persons conducting same; f. The identity of all documents which evidence, reference or relate to your answer to each and every sub-part to this Interrogatory. Response: (a). - (f) Pfizer specifically ""^tncorparates -here-i-n-by-- reference -i-ts- General-Objection No.--l1 Subject to this specific objection, Pfizer states that it became generally aware of such warnings in approximately the early 1970's. The exact circumstances are unknown. See also Pfizer's response to plaintiff's document production request. 46. State the specific reasons why warnings equivalent to that of the other defendants were not placed on your products and identify all meetings, including dates and participants, at which the decision was made not to place equivalent warnings on your asbestos and identify all documents which evidence, reference or relate to your response in this Interrogatory. Response: Pfizer elected to remove asbestos from the Kilnoise formulation. SAMPLE 16755 -34- 47. Identify all meetings with any other person, business, organization or entity, including a governmental entity, which you attended, or of which you have knowledge, where there was any discussion whether or not to issue any warning, caution or caveat on any asbestos product or asbestos material. For each such meeting, state separately and specifically: a. The date and place of the meeting; b. The identity of each person in attendance; c. A summary of the discussion related to the warnings issue; d. The identity of all asbestos product or asbestos material under discussion; e. The actions you took following the discussion at the meeting; ---fv^:TM-:"-Thgr:-ide:n:td7ty-_of_ any^-documents;,~w:r_itten--memoranda7: correspondence, minutes, recommendations, reports or other written materials of any kind or character related to the discussion of whether or not to issue warnings. Response: (a) - (f) See Pfizer's responses to plaintiff's document production request. 48. Identify all meetings with any other person, business, organization or entity, including a governmental entity, which you attended, or of which you have knowledge, where there was any discussion whether or not to conduct any research, edit any SAMPLE 16756 -35- research findings, affect the decision whether or not to publish any research, or to discredit research findings, where the research explored or established a relationship between inhalation-of asbestos fibers and asbestosis, mesothelioma, pulmonary or cardiac disease or cancer. For each such meeting, state separately and specifically: a. The date and place of the meeting; b. the identity of each person in attendance; c. A summary of the discussion related to the warnings issue; d. The identity of all asbestos products or asbestos materials under discussion; e. The actions you took following the discussion at the meeting; -The--identity-of any-documentsr-.written-memoranda,- correspondence, minutes, recommendations, reports or other written materials of any kind or character related to the discussion. Response: (a) - (f) None. 49. Have you stopped mining, producing, manufacturing, distributing and/or applying any of the asbestos and/or asbestos products listed in your response to Interrogatory 5? If so, for each such type of asbestos or asbestos product, state the date you stopped, identify the person(s) who authorized the action, state the reason (s) you stopped and SAMPLE 16757 -36- identify any documents studies, evaluations, reports or any other written materials which evidence, reference or relate to your answer to this Interrogatory. Response: Yes. See Pfizer's response to Interrogatories Nos. 5, 20 and 27 and its responses to plaintiff's document production request. 50. If you still continue to manufacture or distribute any asbestos products identified in your response to Interrogatory 5, then state separately and specifically for each such product: a. The identity of each such asbestos product; b. the identity of all sales literature pertaining to each such product; c. The place (s) where the product is manufactured and the countries where the product is .. -.::-- -T^dS-tributed;- -TTr?_\-cy....... ^7 d. Whether the product contains any warnings, and if so, state the exact wording of any such warning for each such product; e. If one or more of the products identified in (d) above now contain warnings, state the exact date you began to attach any warning to each such product; f. If one or more of the products identified in (d) above now contain warnings, identify the persons who authorized the warning and the persons who approved the decision to attach a warning to that product; SAMPLE 16758 -37g. The identity of all documents which evidence, reference or relate to your answer to this Interrogatory. Response: (a) - (g) Not applicable. 51. State whether you have ever offered to abate any of your asbestos products which you sold and which were installed in any building. If so, state when such offer (s) was made, to whom, the substance of the offer, and identify any documents which evidence, reference or relate to any such offer Response; Pfizer specifically objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. 52. State whether you have ever offered to replace any of --_your=asbestos:-produot-s-:wh-ich you sold -and which were-i-ns tailed__ in any building with other products which contained either no asbestos or reduced amounts of asbestos. If so, state when such offer(s) was made, identify to whom the offer was made, state the substance of the offer, and identify any documents which evidence, reference or relate to any such offer. Response; See response to Interrogatory No. 51. 53. Did you ever issue any recall of any of your asbestos or asbestos-containing products after you became aware of any alleged or proven health hazards associated with asbestos? If so, state when such recall was issued, identify the date, terms and substance of such recall, and identify any documents which SAMPLE 16759 -38evidence, reference or relate to any such recall. Response; No. 54. Did you ever instruct your own sales personnel to warn purchasers or users of your asbestos-containing products manufactured, sold or distributed by you of any potential or proven health hazards associated with use of or exposure to asbestos? If so, state when such instruction was given, identify by whom it was given, identify to whom it was given, give the substance of the instruction and identify all documents which evidence, reference or relate to any such instruction. Response : N o . 55. Did you ever instruct your own distributors to warn purchasers or users of asbestos-containing products "manu#aetu^edr^sol<d-^ar-- dis-t-r4but e d ^by-Tvou-of^anv,poterutuial--or^ proven health hazards associated with use of or exposure to asbestos? If so, state when such instruction was given, identify by whom it was given, identify to whom it was given, give the substance of the instruction, and identify all documents which evidence, reference or relate to any such instruction. Response ; No. 56. At the time of the development, initial manufacture, or marketing of each asbestos product listed in your response to Interrogatory 5, did you attempt to determine whether the product complied with any applicable industry-wide standard? SAMPLE 16760 -39 If so, identify each applicable industry standards, state specifically what steps were taken by you to comply with those standards, identify the persons responsible for compliance with those standards, and identify all documents which evidence, reference or relate to your answer to this Interrogatory. Response : Yes. See Pfizer's response to Interrogatory No. 24 and its responses to plaintiff's document production requests. 57. Has any other defendant in this case ever furnished you with information as to the state of medical knowledge regarding the connection between asbestos exposure and disease? If so, then specifically state: a. The identity of the defendant; b. The date the information was furnished; ...c * --'The identity- of-the- person.(s )-- furnishing-the------ information; d. The identity of the person(s) who received the information; e. The substance of the information furnished; f. The actions you took once you received the information; g. The identity of all persons with personal knowledge of the facts contained in your answer to this Interrogatory; h. The identity of all documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. SAMPLE 16761 -40- Response: (a) - (h) Pfizer specifically incorporates herein by reference its General Objection No. 16. 58. Has any other miner or manufacturer of asbestos or asbestos products not named as a defendant in this case ever furnished you with information as to the state of medical knowledge regarding the connection between asbestos exposure and disease? If so then specifically state: a. The identity of the miner or manufacturer; b. The date the information was furnished; c. The identity of the person(s) furhishing the information ; d. The identity of the person (s) who received the information; e. The substance of the information furnished; : f-:v - r~:The actions~you" tooJt onceyou-received the-- :.rrr-- information ; g. The identity of all persons with personal knowledge of the facts contained in your answer to this Interrogatory; h. The identity of all documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response : (a) - (h) Interrogatory No. 57. See Pfizer's response to SAMPLE 16762 -41- 59. For each pro d u c t identified in your response to Interrogatory 5, state whether you ever obtained any information, oral or written, about any alleged or asserted health hazards associated with exposure to, or use of asbestos or asbestos products. If so, state as to each such product: a. The date you obtained any such information; b. The nature of the information you obtained; c. The source of the information you obtained; d. The way you obtained the information; e. The identity of all documents which evidence, reference or relate to all such information; f. The identity of all persons having personal knowledge of the facts contained in your answer to each sub-part to this Interrogatory. - . -- -- Response:--(a) -1981 ..... .- -....... -- -- - -- ~ -- (b) Complaint alleging asbestos-related disease (c) Complaint (d) Service of Complaint (e) Complaint (f) Pfizer's Counsel. 60. If your response to Interrogatory 59 is in the affirmative, then state: a. All actions you took after receiving the information; b. The identity of the persons who took any such action; c. The date ; -42- d. The identity of all persons having personal knowledge of the facts contained in your answer to each sub-part of this Interrogatory; e. The identity of all documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response: (a) - (c) Pfizer specifically objects to this interrogatory on the grounds that it is vague, incomprehensible and overly broad (d) Pfizer's Counsel (e) See response (a) - (c). 61. State the exact date you first had knowledge of any relationship between exposure to asbestos and the contracting of asbestosis and identify all documents which evidence, r:x^^er^irce^~jgt~--jel^eiT7feor^u<2h-:k^QW:rledge^.;.------ -- ------ .-- ,, .. --- Response: See Pfizer's response to Interrogatory No. 27 and its responses to plaintiff's document production requests. 62. State the exact date you first had knowledge of any relationship between exposure to asbestos and the contracting of mesothelioma and identify all documents which evidence, reference or relate to such knowledge. No. 61. Response: See Pfizer's response to Interrogatory 63. State the exact date your first had knowledge of any relationship between exposure to asbestos and the contracting SAMPLE 16764 -43- o cancer and identify all documents which evidence, reference or relate to such knowledge. Response; See Pfizer's response to Interrogatory No. 61. 64. State the exact date you first had knowledge of any relationship between exposure to asbestos and the contracting of pulmonary disease and identify all documents which evidence, reference or relate to such knowledge. Response: See Pfizer's response to Interrogatory No. 61. 65. State the exact date you first had knowledge of any relationship between exposure to asbestos and the contracting of cardiac disease and identify all documents which evidence, reference or relate to such knowledge. --- -- r-R & s p a n s e See Pf izer?s response to--Interrogato_ry_ No. 61. 66. State the exact date you first had knowledge of any relationship between exposure to asbestos and the contracting of other asbestos induced diseases and identify all documents which evidence, reference or relate to such knowledge. Response: See Pfizer's response to Interrogatory No. 61. 67. State whether any person has ever initiated a claim for workers' compensation against you because the person asserted or alleged to be suffering from or suffered from asbestosis as a result of exposure to any product identified in response to Interrogatory 5. If so: SAMPLE 16765 -44- a. Identify the first such claim filed against you; b. State the date the first such claim was filed against you; c. State the total number of claims filed against you for each of the periods: 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979, and 1980-present. Response : No. 68. State whether any person has ever initiated a claim for workers' compensation against you because the person asserted or alleged to be suffering from or suffered from mesothelioma as a result of exposure to any product identified in response to Interrogatory 5. If so: a. Identify the first such claim filed against you; -- ty--- --- state~^fehe ~date-.-'the--firsfr^ueh-c^a:im::jims against you; c. State the total number of claims filed against you for each of the following periods: 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979, and 1980-present. Response : N o . 69. State whether any person has ever initiated a claim for workers' compensation against you because the person asserted or alleged to be suffering from or suffered from cancer as a result of exposure to any product identified in SAMPLE 16766 -45response to interrogatory 5. If so; a. Identify the first such claim filed against you; b. State the date the first such claim was filed against you; c. State the total number of claims filed against you for each of the following periods: 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979, and 1980-present. Response: No. 70. State whether any person has ever initiated a claim for workers' compensation against you because the person asserted or alleged to be suffering from or suffered from pulmonary disease as a a result of exposure to any product identified in response to Interrogatory 5. If so: --3-7"-'-" Identify7the rfirst.-.-sueh-e-la-i-m-filed--against. yau r b. State the date the first such claim was filed against you; c. State the total number of claims filed against you for each of the following periods: 1930-1939 1940-1949, 1950-1959, 1960-1969, 1970-1979, and 1980-present. Response : No. 71. State whether any person has ever initiated a claim for workers' compensation against you because the person asserted or alleged to be suffering from or suffered from SAMPLE 16767 -46- cardiac disease as a result of exposure to any product identified in response to Interrogatory 5. If so: a. Identify the first such claim filed against you; b. State the date the first such claim was filed against you; c. State the total number of claims filed against you for each of the following periods: 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979, and 1980-present. Response : N o . 72. State whether any person has ever initiated a claim for workers' compensation against you because the person asserted or alleged to be suffering from or suffered from any other disease as a result of exposure to any product identified :lJn-Fesporrs^to^Interiroga-tory-5v~ -ItfrrgTO-:^-- ^ -- a. identify the first such claim filed against you; b. State the date the first such claim was filed against you; c. State the total number of claims filed against you for each of the following periods; 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980-present. Response : N o . 73. State whether any person has ever filed litigation against you claiming injury because the person asserted or SAMPLE 16768 -47- alleged to be suffering from or suffered from asbestosis as a result of exposure to any product identified in response to Interrogatory 5. If so: a. Identify the first such suit filed against you; b. State the date the first such suit was filed against you; c. State the total number of claims filed against you for each of the following periods; 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980-present. Response: Pfizer specifically objects to Interrogatory 73 on the grounds that it is unduly broad, burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to this specific objection-, -Piz_er-- states that..asbestos-related cla.ims_ have...been filed against it. The first such claim was filed in 1981 and the following numbers of claims have subsequently been filed: 1981 - 2 1982 - 13 1983 - 13 1984 - 92 1985 - 24 (through 7/31/85) By way of further response, Pfizer specifically incorporates herein by reference its General Objections Nos. 11 and 12. 74. State whether any person has ever filed litigation against you claiming injury because the person asserted or SAMPLE 16769 -48- alleged to be suffering from or suffered from mesothelioma as a result of exposure to any product identified in response to Interrogatory 5. If so: a . Identify the first such suit filed against you; b. State the date the first such suit was filed against you; c . State the total number of claims filed against you for each of the following periods; 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980-present. Response: (a) - (c) See response to Interrogatory No. 73 above. 75. State whether any person has ever filed litigation against you claiming injury because the person asserted or a-l-leged-Tt-Orrbe ^su iff ering f rom ^or - suf f e-red fr-onb eanee r -as-.-a----- result of exposure to any product identified in response to Interrogatory 5. If so: a . Identify the first such suit filed against you; b. State the date the first such suit was filed against you; c . State the total number of claims filed against you for each of the following periods; 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980-present. Response: (a) - (c) See response to Interrogatory No. 73 above. SAMPLE 16770 -49- 76. State whether any person has ever filed litigation against you claiming injury because the person asserted or alleged to be suffering from or suffered from pulmonary disease as a result of exposure to any product identified in response to Interrogatory 5. If so: a. Identify the first such suit filed against you; b-. State the date the first such suit was filed against you; c. State the total number of claims filed against you for each of the following periods; 1930-1939f 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980-present. Response; (a) - (c) See response to Interrogatory No. 73 above. 77 -g'talEe7:whtlreif ~ahy'person has ever-f il-ed -li-t-igat-ion---- - against you claiming injury because the person asserted or alleged to be suffering from or suffered from cardiac disease as a result of exposure to any product identified in response to Interrogatory 5. If so: a. Identify the first such suit filed against you; b. State the date the first such suit was filed against you; c. State the total number of claims filed against you for each of the following periods; 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and, 1980-present. SAMPLE 16771 -50Response; (a) - (c) See response to Interrogatory No. 73 above. 78. State whether any person has ever filed litigation against you claiming injury because the person asserted or alleged to be suffering from or suffered from any other disease as a result of exposure to any product identified in response to Interrogatory 5. If so: a. Identify the first such suit filed against you; b. State the date the first such suit was filed against you; c. State the total number of claims filed against you for each of the following periods; 1930-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980-present. Response (a) - (cj- See response to Inter-rogatory No. 73 above. 79. Have any workers' compensation claims based on asbestosis, cancer, mesothelioma, cardiac diseases, pulmonary diseases or other asbestos-induced diseases been filed against you in Maryland. If so, for each claim identify the claimant, the date of the claim, the docket number, the outcome and all records which evidence, reference or refer to the claim. Response: No. 80. Has any litigation based on claimed injury related to SAMPLE 16772 -51- asbestosis, cancer, mesothelioma, cardiac diseases, pulmonary diseases or there asbestos-induced diseases been filed against you in any court located in Maryland. If so, for each such case, identify the parties, the docket number, the court, the date of filing,, the outcome and all records which evidence, reference or refer to the suit. Response: No. By way of further response, Pfizer specifically incorporates herein by reference its General Objections Nos. 11 and 12. 81. State whether any litigation other than the instant case has been filed against you by any governmental or non-governmental entity or person based upon a claim for property damages to buildings or structures due to the presence, use, or removal of any asbestos or asbestos product "alrleged to-have been mined-, manufactured?- distributed--or-----applied by you. If so, state separately and specifically for each case: a. The identity of the case including parties, docket number, court, date of filing and outcome, if any, including any settlement; b. The identity of any interrogatories requests for production, or requests for admission filed against you and your response to same; c. The identity of any person who has been deposed in the case including date and place of the deposition and the identity of the stenographer; SAMPLE 16773 -52d. The identity of all documents which evidence, reference or relate to your answer to the sub-parts of this Interrogatory. Response; (a) - (d) Pfizer specifically objects to this request on the grounds that it is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to this specific objection Pfizer states, as the plaintiff knows, that the City of Baltimore, the County of Baltimore, the Baltimore County Board of Education, Anne Arundel County and Anne Arundel County Board of Education have filed property damage claims against it. 82. State whether any of your present or former officers, directors or employees have been deposed in any personal injury or property damage case filed against you that is related to :!asbestos-ir:rr:Tf--so-f-i-dentlfy the case--and- the-person^deposed-i. ------state the date of the deposition, identify the parties taking the deposition, identify the stenographer, and identify all documents which evidence, reference or relate to the deposition. Response: R. Lepley, D. Brant. November 19, 1984, Kennell v. Pfizer Inc., et al.. No. 84-0208, U.S.D.C. W.D. Pa., Blough v. Pfizer Inc., et al., No. 84-0209, U.S.D.C. W.D. Pa. 83. State whether you have filed Answers to Interrogatories, Responses to Requests for Production, or Answers to Requests for Admission in any personal injury or property damage case related to asbestos which has been filed against you. If so, identify the case, and identify all SAMPLE 16774 -53- documents which evidence, reference or relate to such Answers to Interrogatories, Responses to Request for Production, or Answers to Requests for Admission. Response: Yes. Pfizer specifically objects to the provision of any further information on the grounds that this Interrogatory is overly broad unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 84. State whether you have in your posession or know of the existence of any report, statement, memorandum, deposition or recorded testimony concerning the acts of either the plaintiff, the other defendants, or you, which concern the allegations raised in the plaintiff's Complaint? If so, identify the report, statement, memorandum, deposition or -- recorded-testimony-.-- --- .---r---~-- -- - .-- ------- -- - - - Response: No. 85. State whether you employed a medical director or medicaL officer from 1930 until the present time. If so, identify each such person, state the periods of time each such person was employed by you, and specify what were the person's duties and responsibilities. Response: No.' 86. Identify to whom in the corporate structure the medical officer or medical director reports or reported. Response: Not applicable. SAMPLE 16775 -5487. Identify all physicians who were employed, retained or otherwise engaged by you from the years of 1930 until the present time, identify the persons to whom they reported, and state their duties and responsibilities. Response: None. 88. State whether your medical officer ever engaged in any research of asbestos fibers and their effect, if any, on the persons coming in contact with the asbestos fibers. If so, state: a. The identity of the individuals or group engaged in such research; b. The results of the research; c. the recommendations, if any, that were made as a result of the research; :--yr:dv" -:^The-identity of -all documents r-wh:ich:-evidence- - reference, or relate to your answer to this Interrogatory. Response: (a) - (d) Not applicable. 89. State whether your medical officers ever informed you that your employees were at medical risk due to exposure to asbestos or asbestos products and that you should take some action to reduce or eliminate that medical risk. If so, state specifically: a. the identity of the medical officer; b. The identity of the person who was informed of the medical risk; SAMPLE 16776 -55c. The substance of the medical officer's recommended or suggested action; d. The action you took as a result; e. The identity of all documents that evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response; (a) - (e) Not applicable. 90. State whether you employed any persons from 1930-1979 who functioned as industrial hygienists. If so, identify each such person, state the periods of time the person(s) was employed by you, and specify what were the person's duties and responsibilities. Response; No. 91. State whether any industrial hygienists identified in -response-to 1-nter-r-og.afeory -90- made .-any recommendations and/or_,_ suggestions to you pertaining to the risks or hazards to persons involved in the mining, manufacturing, application or exposure to asbestos or asbestos products. If so, state specifically; a. When such recommendations and/or suggestions were made; b. The identity of the person to whom such recommendations were made; c. The identity of the person who made these recommendations and/or suggestions; SAMPLE 16777 -56- d. The substance of the recommendations and/or suggestions ; e. The identity of all documents that evidence, reference or relate to any such recommendation or suggestion. Response : (a) - (e) Not applicable. 92. State whether you maintain a library dealing with industrial hygiene, medicine, occupational safety and/or engineering? If so, state the location of the library, identify the indexing and cataloguing system, list all books, articles, and other publications dealing with asbestos and asbestos disease, and state the dates you acquired those books, articles, and other publications. Response : No. -- -- .93^ -Identify -all" persons~ who--have -acted -in the -capacity ^as__ a librarian for you since 1930. Response : None. 94. Identify product research and trade association periodicals to which you subscribed from 1930 - 1979 specifically stating as to each the dates of subscription. Response : Pfizer was a member of the following trade associations: National Lime Association- ASTM (Committees C-7 on lime and C-20 on acoustical materials) Refractory Institute Ohio Finishing Lime Association SAMPLE 16778 -57- C o n t r a e t o i s , Lathsirs and Plasterers International Association Ohio Building Material Association Masonry Contractors Association Northwest Plaster Bureau Florida Lathing & Plastering Association Sandusky County Chamber of Commerce American Ceramic Society American Standards Assn. Detroit Mason Contractors' Assn. International Assn, of Wall and Ceiling Contractors Texas Lathing and Plastering Contractors' Assn. Toledo Sales and Marketing Assn. 95. For the period 1930-1979 inclusive, state whether or m o t -you--had-any- knowledge -of-any articles :pr inted--in-.-industry - - trade journals, essays, medical journals, books and other similar sources pertaining to the health effects of exposure to asbestos. .If so: a. Identify the article; b. State what actions were taken as a result of your knowledge about the article; c. State if and when you received a copy of the article; d. Identify the persons who took the actions referred to in (b) above. e. Identify all documents which evidence, reference or relate to your answer. SAMPLE 16779 -58- Response: (a) - (e) Pfizer had knowledge of no such articles prior to approximately the early 1970's. See also Pfizer's responses to plaintiff's document production requests. 96. Identify any organizations, groups, inter-company or industrial organizations to which you belonged from 1930 to the present which conducted or had conducted studies or researched or had researched the relationship, if any, between exposure to asbestos or asbestos products and pulmonary pathologies, cancer, cardiac pathologies or other asbestos-induced disease. State separately and specifically as to each: a. The identity of the organization and dates of your membership; b. The dates of any meetings and the identity of .. -jbhos e mpejs-sona- A n -a t t a nd a n c a ^-T'.- ..-l, ... ___________ c. The identity and dates of any studies that were conducted ; d. The complete results of the studies; e. The recommendations of the studies; f. The action you took once you had the knowledge of the results and/or recommendations of the studies; g. The identity of the persons with the personal knowledge of your answer to each sub-part of this Interrogatory; h. The identity of all documents which evidence, reference or relate to the organization of the study. SAMPLE 16780 -59Response; (a) - (h) None. 97. State the amounts spent or contributed by you annually from 1930 until the present time for research into the relationship, if any, between the exposure to asbestos or asbestos products and any pulmonary pathology, cardiac pathology, or cancer. Response: None. 98. State the amount contributed annually since 1930 by you to ay independent medical research group or groups conducting research into the relationship, if any, between exposure to asbestos or asbestos products and any pulmonary pathology,.or cardiac pathology, or cancer. Response: None. 99. Identify the organizations or groups to which you made contributionsT~ih"answer" to "Iriterrogatofy '98....... ..... . - ---Response: None. 100. State whether you had a department, division or section devoted to product, scientific, and/or medical research during the period from 1930 until the present time. If so, identify it, state when it was first formed, and identify the persons who directed the activities of the department, division or section. Response: See Pfizer's response to Interrogatory #120 below. 101. Identify the scientific or medical periodicals to which you subscribed during the period between 1930 and the present time. SAMPLE 16781 -60- Response; See Pfizer's response to Interrogatory No. 94. 102. State whether you have ever been a member of, or have attended any meetings of, any trade or professional association, or any other organization whose purpose was related to industrial and safety and hygiene, occupational safety or health, marketing or research including asbestos or asbestos containing products? If so, as to each such organization state separately and specifically: a. The identity of the organization or association; b. The identity of the employees who attended c. - d.r e. meetings ; State the dates during which you belonged to each organization; State the dates :of any meetings of each -- =.-- ^ -:r-- organization that you attended; State whether you belonged to any committees or sub-committees of each organization and, if so, state the name of each committee, the dates of you membership and the dates of your attendance at any meeting (s); f. State the amounts of money you paid to the organization as dues or contributions; g. Identify any reports, memoranda or minutes of meetings which you received from any such organization; SAMPLE 16782 -61- h. Identify all documents which evidence, reference or relate to your membership or attendance at such meetings. Response : (a) - (h) No. 103. Identify each and every magazine or trade publication in which you advertised any asbestos or asbestos product identified in response to Interrogatory 5 and state the dates on which you advertised. Response ; See response to Interrogatory No. 94 above and Pfizer's responses to plaintiff's document production requests. 104. State whether the asbestos products listed in your answer to Interrogatory 5 were the subject of any type of advertisement, brochure or pamphlet, regardless of media, -i-ssued-r-ia -behalf-o-f-your--company> -If -so,- siate for eachproduct the date, subject matter and media in which the - - : - advertisement was placed or issued, whether any photographs or diagrams were included in the copy, identify the advertisement, and identify all documents which evidence, reference or relate to your answer to this Interrogatory. Response; Yes. See Pfizer's responses to plaintiff's document production requests. 105. State whether any of your promotional or advertising literature identified in your response to Interrogatory 103 or 104 named any specific buildings or sites where any of your asbestos products or materials were installed. If so, SAMPLE 16783 -62- a. State the procedure employed by you to identify installation of your products; b. Identify all of the persons who were responsible for compiling such information for inclusion in your promotional or advertising literature; c. Identify all of the written materials or documents related in any way to the compiling of such information or which evidence, reference or relate to your answer to this Interrogatory. Response ; Yes. See Pfizer's responses to plaintiff's document production requests. 106. State whether you were ever required to report, or voluntarily reported, to any of the miners, manufacturers, distributors or applicators of asbestos or asbestos products ~-^febe-4dentity^o-:.aay-^-.-^l-.bujJ.dixiqj3-jpx-, ins.ta1la e their asbestos or asbestos products were installed. If so, identify the persons who compiled such reports, state specifically the substance of the reports, identify all documents which evidence, reference or relate to your answer to this Interrogatory. Response ; N o . 107. State whether you have attempted to identify any of your asbestos or asbestos products installed in public buildings in the State of Maryland. If so: a. Identify all of the persons who have attempted to identify Maryland installations; b. Identify what records, books, papers or other SAMPLE 16784 -63- written materials, or computerized records were searched in order to identify such installations; c. Identify all reports, memoranda other written materials prepared by the individuals listed in (a) above related to the attempts to identify Maryland installations. d. Identify all Maryland public buildings for which you made a determination that your asbestos, or asbestos products are in use; Response; (a) - (d) Pfizer has searched its files and has already produced all documents therein relating to sales of Kilnoise in Maryland. See documents numbered 505 0001 through 505 0028. 108. For each Maryland public building for which you made a -- determination that--your asbestos or- asbestos-product..is_-or wa.s._ in use in your response to Interrogatory 107(d), state separately and specifically: a. The generic name of the asbestos product; b. The trade or brand name of each such product; c. The identity of the manufacturer of each such product; d. The identity of the miner, manufacturer or distributor from whom each such product was purchased; e. The date of purchase; SAMPLE 16785 , -64- f. The use of to which the product was put; g. The actual location of installation; h. The quantity of the product used; i. The identity of all documents which evidence, reference or relate to your answer to this Interrogatory and all of its sub-parts; j. The identity of persons with personal knowledge of your answer to this Interrogatory and its sub-parts. Response: (a) - (j) Pfizer has identified no such buildings. 109. Identify the tests and experiments conducted by you since 1930 to determine any threshold limit value of asbestos, identify the persons conducting those tests and experiments, state the results of those tests and experiments, and identify... all documents relating to such tests and experiments, separately and specifically for each of the following categor ies: a. At the mine; b. At the manufacturing plant; c. At the place where your asbestos or asbestos products were being installed; d. Inside any building after your asbestos or asbestos products were installed. Response; (a) - (d) Pfizer has conducted no such tests. & SAMPLE 16786 -65- H O . For the period beginning with 1930 to the present, state the permissible threshold limit value for each category listed in your response to Interrogatory 109 (a)-(d). Response: Pfizer is now aware of the following recommended or mandatory TLV's: pre-1965 - ACGIH - 5 million particles per cubic foot 1965-1972 - ACGIH - 12 fibers per cubic centimeter 1972- OSHA - 10 fibers per cubic centimeter 1976 -OSHA - 5 fibers per cubic centimeter current - OSHA - 2 fibers per cubic -- ------ T----centimeter- -- . . .. _____ ._ .... . 111. Identify all tests, experiments, scientific data, government, standards, industry standards and all other documents which evidence, reference or relate to your response to Interrogatory 110. Response; OSHA regulations. 112. For the period 1930-1979, state whether you ever conducted air sampling or used personal monitors to detect, measure or monitor airborne asbestos fibers during or following installation of your asbestos or asbestos products in any building. If so, state separately and specifically for each such air sample or use of personal monitor; a. The identity of the building or job site where used; SAMPLE 16787 -66b. The date of use; c. The identity of the person (s) conducting the air sampling or personal monitoring. Response; (a) - (c) No. 113. If your answer to Interrogatory 112 is that you never conducted any such sampling or monitoring, then state specifically why you did not, identify the persons responsible for making any decision not to sample or monitor, and identify any documents which evidence, reference or relate to a decision not to monitor or sample. Response: Until the early 1970's, Pfizer had no indication that asbestos was a potentially harmful material. In addition, all application and subsequent working of Kilnoise took place when the material was wet. When Pfizer learned that asbestos-might-be dangerous, it:r-removed asbestos from the Kilnoise formulation. 114. State whether you were aware or had knowledge of whether other miners, manufacturers, distributors, or applicators of asbestos or asbestos products used personal monitors or air sampling in their work environment. If so, identify the person who had such knowledge or awareness, state the date you had such knowledge or awareness and identify all documents that evidence, reference or relate to such knowledge or awareness. Response; No. SAMPLE 16788 -67115. State whether you have undertaken or financed any tests studies to determine what type of ventilator or ventilating system would eliminate or decrease the number of airborne asbestos fibers in confined spaces or to determine if a respirator should be worn by your employees at the workplace. If so, identify the person who conducted the study, state when it was done, state the results of the study and identify any documents which evidence, reference or relate to any such test or study. Response; No. 116. If any or your present or former employees or officers have testified before or submitted written comments to any Congressional Committee, any governmental agency, any legislative committee or any administrative agency concerning asbestos exposure*-- pulmonary, or -asbestos- related diseases, ;t-he-use of asbestos in public schools or public buildings, or industrial hygiene relating to asbestos use, state: a. The identity of each person who gave testimony or authored the comments; b. The date, location and forum of such testimony or the date and location of receipt of the comments; c. The identity of all documents which evidence, reference or relate to your answer to this Interrogatory. SAMPLE 16789 -68- Response: (a) - (c) No Pfizer employees or officers have so testified. 117. State whether you have ever given any warnings with any non-asbestos containing product manufactured by you, indicating that the product may in some way be harmful to health. If so, for each such product, state: a. The name and intended use of the product; b. The manner in which it is thought the product may cause harm to human beings; c. The specific language of the warning; d. The date the warning was first given; e. The identity of the author of the warning and the identity of the person approving the warning; f. The identity of all documents which evidence, -- -- --- E-ela-te--to-- the-warning-- --- ,,,,--- ^--- Response; (a) -(f) Pfizer provided warnings that lime may cause skin and eye irritation. 118. State whether any of your officers or employees ever authored any article or paper, gave any speech, or presented a lecture or seminar concerning the properties of asbestos or the health consequences of asbestos exposure? If so, a. Identify the author or title; b. Identify where it was published or other form in which it appeared or was delivered; c. State the date when it appeared or was delivered; SAMPLE 16790 -69d. Identify all documents which evidence, reference or relate to you answer in this Interrogatory. Response; (a) - (d) No. 119. State whether any of your officers or employees ever contributed to any research into the health consequences of asbestos exposure or into methods of controlling asbestos dust? If so, state or identify, as to each such research efforts: a. The identity of the person who conducted the research; b. The dates when the research was conducted; c. The nature of the research; d. The conclusions or recommendations, if any, reached as a result of the research; e . " ' 'The fuTl^citatibris' of--any articles,7 paper-s-,books, or other writings published or prepared as a result of the research. Response; (a) -(e) No. 120. Have you ever maintained any research laboratory or division? If so, state: a. The date when this research laboratory or division was established; b. The nature of the research performed there, including specifically whether any research was conducted on asbestos or asbestos products, the effect of asbestos exposure; SAMPLE 16791 -70- c. The identity of all persons who have directed it; d. The annual budget for its since 1930; e. The identity of all documents which evidence, reference or relate to your answer to each sub-part of this Interrogatory. Response; (a) - (b) During all relevant periods, Pfizer maintained a small laboratory at Gibsonburg, Ohio that was used primarily for quality control but also for research relating to lime, limestone, and lime-based building products. The research center for the Minerals, Pigments & Metals Division was located at Easton, Pennsylvania. Research on reformulation of Kilnoise to exclude asbestos was performed at Easton. (c)-(d) Pfizer specifically objects to T^h^e -- undsy^hat,-they--are--over-ly - ., broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to this specific objection, Pfizer refers plaintiff to its responses to plaintiff's document production request. (e) See Pfizer's responses to plaintiff's document production request. 121. State whether you ever attended any conference, symposium, or other meeting concerned with the health consequences of asbestos or methods of controlling asbestos dust? If so, as to each such conference, symposium or meeting, state or identify: SAMPLE 16792 -71a. The person or organization that sponsored it; b. The date and place it was held; c. The identity of your personnel who attended it; d. The identity of all documents distributed; e. A summary of information discussed there concerning the health consequences of asbestos exposure, the proper methods of working with asbestos, or methods of controlling asbestos dust f. The identity of all documents which evidence, reference or relate to your answer to this Interrogatory. Response: (a) - (f) Pfizer employees attended no such meetings prior to approximately the early 1970's. See also Pfizer's responses to plaintiff's document production 122. For the period 1930 to the present, state whether you sponsored any meetings, seminars, conferences, or conventions where the subject of occupational health and exposure to asbestos was discussed. If so, state separately and specifically as to each; a. The date and place of each such event; b. The identity of the persons responsible for organizing the event; c. The identity of each speaker or presenter at the event; d. The identity of all documents distributed at the event; SAMPLE 16793 -72- e. The identity of all documents which evidence, reference or relate to the event. Response: (a) -(e) No. 123. Did you ever warn any labor organization of any health hazard associated with exposure to asbestos? Response; Yes. 124. If the answer to the preceding Interrogatory is in the affirmative, state: a. The identity of the labor organization; b. The date and place of the warning; c. The content and nature of said warning; d. The identity ofthe individual warned; e. The identity of the person giving the warning; f. The identity of all documents whichevidence, ------- -- -- Ee-fe^-ence--or-- relate -to-^th^acnincu--- ---- Response: (a) - (f) See Pfizer's responses to plaintiff's document production request. 125. Did you ever warn any Federal agency of any health hazard associated with exposure to asbestos? Response: No. 126. If the answer to the preceding Interrogatory is in the affirmative, state: a. The identity of the Federal agency; b. How said agency was warned; c. The date and place of said warning; d. The content and nature of said warning; SAMPLE 16794 -73- e. The identity of the individual warned; f. The identity of the person giving the warning; g. The identity of all documents which evidence, reference or relate to the warning. Response: (a) - (g) Not applicable. 127. State whether you have ever given any advice, publication, warning, order, directive, requirement or recommendation, written or oral, at any time since 1930, which purported to: a. Advise the State of Maryland of the possible harmful effects of exposure to, or inhalation of, asbestos or asbestos containing products; b. Advise or recommend to the State of Maryland ad to techniques, methods or equipment which would --- -- --- ---sex-ve-- to-- reduce .or _guard _aga_i.ns_t.such,,potentially harmful exposure. Response: (a) - (b) No. 128. If you answer to any part of Interrogatory 127 is in the affirmative, state: a. The nature and exact wording of such advice, warning, recommendation, etc.; b. The identity of the person giving such advice; warning, recommendation, etc.; c. The identity of the person receiving such advice, warning, recommendation, etc.; SAMPLE 16795 -74- d. The date it was given; e. The identity of all documents which evidence, reference or relate to your answer to Interrogatory 127 or any sub-part of this Interrogatory. Response ; (a) - (e) Not applicable. 129. State whether your company has a record retention or destruction policy, plan or program? If so, describe such plan in detail. If the plan is different for separate categories of records, describe the plan for each category. Include in the description the following: a. The identity of the custodian of the records; b. The length of time for which records are retained; c. The identity of the person (s) responsible for ... 7 determining the policy-or plan from 1930 to the present ; d. The manner in which records are retained, i.e. original documents, microfilm, microfiche, computer systems; e. The identity of master lists and methods of accession to retained records; f. The identity of all places where your records are stored or retained; g. The titles and names of the personnel responsible for the removal and destruction of any records from 1930 to the present; SAMPLE 16796 -75- h. Identify any document destroyed by your company which pertains to: i. Asbestos and public buildings; ii. Health hazards of asbestos; iii. Asbestos related Workers' Compensation claims; iv. Warning labels on your products; v. Funding of studies about health hazards of asbestos; vii. Asbestos as a health hazard in environment. i. For any document identified in (h), state the date of destruction. Response: (a) - (g) Pfizer believes it had a record retention_policy ..during the ..relevant periods-- but the____ specific provisions of the policy are not known. Records were generally stored at Gibsonburg, Ohio. (h) - (i) documents having been destroyed. Pfizer is aware of no such 130. State whether you have or have ever had any sales offices or sales agents in the Maryland area. If so, state: a. The identity of the sales agent; b. The address of any sales office; c. The identity of all managers of the sales office from 1930 through 1979; SAMPLE 16797 -76d. The identity of all sales personnel. Response: (a) - (d) See documents previously produced numbered 505 0001 through 505 0028. 131. If the answer to Interrogatory 130 is in the negative, then identify your sales personnel who were responsible for sales to Maryland from 1930 through 1979, state the time period they were responsible for those sales and identify all documents which evidence, reference or relate to you answer. Response; See response to Interrogatory No. 130 above. 132. State whether you ever designated specific representatives to be responsible for the sales and/or marketing of your asbestos or asbestos-containing products to governmental entities for the period 1930-1979. If so, ---identify-- them.-- -- ...____________________ _______ Response: No. 133. For the years 1930-1979, state the location of each and every facility owned, leased or controlled by you which mined, manufactured, or distributed any asbestos or asbestos product. Response; Pfizer specifically incorporates herein by reference its General Objections Nos. 1 and 10-12. 134. For every policy of liability insurance insuring you against losses as a result of claims for bodily injury or death as a result of use of your asbestos products from 1910 to the present list: SAMPLE 16798 -77a`. The name of each insurer, number, terms and amount of coverage; b. The amount paid by the insurer to date or alternatively the amount of coverage still remaining; c. If you are in litigation with any insurer, identify the court, docket number, parties, status and bases of the litigation. Response: See Pfizer's responses to Plaintiff's document production request. 135. State separately for each year from 1930 to 1979: a. Your total sales; b. Your total sales from the sale of asbestos or asbestos containing products; _______ __ .a__ -Your .total sales in the State _o_f_ Maryland; _ ..... d. Your total sales of asbestos or asbestos containing products in the State of Maryland. Response: (a) - (c) Pfizer specifically objects to these Interrogatories on the grounds that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. (d) See documents previously produced numbered 505 0001 through 505 0028. 136. State separately for each year from 1930 to 1979, the dollar value of your sales in the State of Maryland for each SAMPLE 16799 -78type of asbestos or asbestos product identified in your response to Interrogatory 5. Response; See documents previously produced numbered 505 0001 through 505 0028. 137. As to any or all asbestos products identified in Interrogatory 5, state whether you have ever conducted, had conducted for you, or received a copy of any "share of market survey" which attempted to analyze or estimate the percentage of the market for any of your asbestos or asbestos products on a world-wide, national, regional or state-wide basis? If so, identify each such study, identify the author of the survey, state what products are included, and identify all documents which evidence, reference or relate to any such survey. Response; Pfizer specifically objects to this ^ ^ ^ tte frte^ n --y i e - ^ ^ a d S ;r4 ^ a ^ --lt-J .s --Q y .e r.ly -jL >rQa!dl aneL-JMEk--__ ............ reasonably calculated to lead to the discovery of admissible evidence. In an effort to be responsive and without waiving its objections, Pfizer states that at this time it has no documents responsive to this request. 138. State whether you have ever submitted information to any organization concerning the volume of your sales of any asbestos or asbestos-containing products? If so, identify each such submission, state its substance, identify the person. Response: Pfizer specifically objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. SAMPLE 16800 -79- 139. State whether you have ever conducted, or had conducted for you, any survey, study or analysis which compared types of asbestos or asbestos products mined, manufactured, distributed or applied by you with types of asbestos or asbestos products mined, manufactured, distributed or applied by others, including but not limited to quality of the product, use of the product, product constituents, ability to substitute your product for another, product durability, sales of the product, distribution for the product, or product safety. If so, state specifically and separately ad to any such survey, study or analysis. a. The identity of the survey, study or analysis; b. The identity of the author; c. The date it was produced; g-_ Th"e identity"`o:f"_the ^persons who-received-_ar copy;-- e. The identity of all documents which evidence, reference or relate to any sub-part of this Interrogatory. Response: (a) -(e) See documents previously produced numbered 505 0001 through 505 0028. 140. Identify each person whom you expect to call as an expert witness at the trial of the above-captioned action. As to each such witness state: a. The identity of the witness; b. The subject matter on which he is expected to testify; SAMPLE 16801 -80- c. The facts and opinions as to which he is expected to testify; d. A summary of the grounds for each such opinion; e. Whether the facts and opinions listed in (c) above are contained in a written report, memoranda or transcript and if they are, identify it; f. If the opinion of any expert listed above is based in whole or in part on any governmental or industry code or regulation, identify said code or regulation and specifically set forth the section relied upon. Response: (a) -(f) To be supplied. 141. With respect to each person you expect to call as an exper t witness at- t-he t-rial- Qf -thi-s--matter-,-- state a. The identity of the witness's present employer or occupation if self-employed; b. The witness's educational background specifying colleges attended, dates of attendance, degrees attained, and post-graduate degrees attained; c. The identity of any publications, articles or books the witness has authored; d. The name and address of every person, firm or corporation the witness was employed by within the last ten years and a detailed description of SAMPLE 16802 -81- job duties at each such place of employment; e. Identify all asbestos-related litigation in which the expert has given testimony as an expert witness, including name and docket number of the case, the identity of the court and the identity of the party for whom the expert testified. Response; (a) - (e) To be supplied. 142. Do you contend that at any time plaintiff received, had knowledge of, or possessed any advice, publication, warning, order, directive, requirement, or recommendation, written or oral, which purported to advise or warn it of the possible harmful effects of exposure to or inhalation of asbestos, or advise or recommend as to the techniques, methods or equipment which would serve to reduce or guard against such -pofee.nt-ialrly- harmful-exposure?-- If -so-,-state.:....... .. . - .. .. a . The nature and exact wording of such advice, warning, recommendation, or if not the exact wording, the substance thereof; b. The complete identity of each source of such advice; warning, recommendation; c. The date, time, place, manner and circumstances when each such advice, warning or recommendation was given; d. The identity of each and every witness to plaintiff's receipt of such advice, warning or recommendation; SAMPLE 16803 -82- e. The identity of all documents which evidence, reference or relate to any such advice, warning or recommendation. Response; (a) - (e) Pfizer specifically incorporates herein by reference its General Objection No. 14. 143. Have any investigation reports or other reports concerning asbestos in public buildings been prepared, compiled, submitted or made by you or on your behalf or utilized by you in any way in this action. If so, as to each such investigation or report, state separately and specifically as to each: a. The identity of the report and its subject matter b. The identity of the person who authored the report; c. The identity of the person to whom the report was addressed or directed; d. The identity of all documents which evidence, reference or relate to any such report. Response : (a) - (d) No. 144. State whether you have ever been cited, warned, fined or otherwise admonished by any governmental entity to asbestos dust levels in excess of any threshold limit value (TLV) or for any violation or failure to comply with any other standard applied by such governmental entity which was related to asbestos exposure. If so, identify the governmental entity, SAMPLE 16804 -83identify the action taken by the governmental entity, identify any action you took in response, and identify any document which evidences, references or relates to you answer to this Interrogatory. Response: No. 145. State whether or not any governmental entity has ever written letters of warning to you pertaining to the dangers of asbestos or likelihood of injury to persons being exposed to asbestos and asbestos related materials mined, manufactured, distributed or applied by you. If so, then state separately and specifically as to each such warning letter: a. The identity of the governmental entity issuing the warning letter; b. The date of the warning letter; -- ... ...... c.,,_-The identity -of the_pej:son-receiving the JW-arnin.g. letter; d. The substance of the letter; e. The actions you took following receipt of the letter; f. The identity of all documents which evidence, reference or relate to any warning letter. Response: (a) - (f) No. 146. State whether you have ever attended any meetings related to the setting of industry or governmental standards or regulations related to asbestos. If so, identify when the SAMPLE 16805 -84meeting occurred, identify the participants, identify the standard or regulation which was involved, and identify all documents which evidence, reference or relate to any such meeting. Response ; Pfizer incorporates herein by reference its General Objection No. 1. 147. State whether you have ever participated in any way in the development of governmental specifications for asbestos products. If so, state in detail the extent of you participation, the inclusive dates of your participation, identify all persons who participated, identify the government entity involved, and identify all documents which evidence, reference or relate to your participation. Response : No. 148. Sta te-whether- -you have ever conducted or had conducted for you any test, inspection, survey, sampling, or made any dust count or similar analysis ("test") at any public building in the State of Maryland where your asbestos or asbestos products have been, or could have been used. If so, state specifically and separately as to each such test: a. The type of test conducted; b. The identity of the person conducting the test; c. The date of the test; d. A summary of the test results; SAMPLE 16806 -85e. The actions you took after receiving the test results; f. All documents which evidence, reference or related to any such test. Response: No. 149. Identify all persons employed or retained by you during the time period 1930-1979 whose duties or responsibilities related to the medical safety of prospective users of your asbestos or asbestos products identified in response to Interrogatory 5. Response; None. 150. State whether you have ever required your employees to use respirators in the course their work related to asbestos. If so, state the date you first required the use of .respirators, state the conditions, under which the requirement was operative, and identify all documents which evidence, reference or relate to your response to this Interrogatory. Response; Respirators were available to employees during all relevant periods. 151. Identify the person or persons who have signed the answers to these Interrogatories. SAMPLE 16807 -86- Response: Dean R. Thacker President Minerals, Pigments & Metals Division of Pfizer Inc. New York, New York Paula M. Junghar Ronald B. Rubii^ Garbis, Marvel & Junghans 1001 Keyser Building 107 East Redwood Baltimore, Maryland 21202 (301) 837-4767 Philip M. Hammett Charles R. Bruton ....J?.efce: Vogt . __ ___ ,, Schnader, Harrison, Segl & Lewis ~ Suite 3600, 1600 Market Street Philadelphia, Pennsylvania 19103 (215) 751-2000 Attorneys for Defendant Pfizer Inc SAMPLE 16808 STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) DEAN R. THACKER, being duly sworn according to law, deposes and says that he is President of the Minerals, Pigments & Metals Division of Pfizer Inc., that he makes this affidavit on behalf of Pfizer Inc. having authority so to do, and that the facts set forth in the foregoing Answers to Plaintiffs' Interrogatories are true and correct to the best of his knowledge, information, and belief. Dean R. Thacker SAMPLE 16809 PFIZER/MD CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 1 5 t h day of August____ 1985, a copy of the aforegoing was mailed, postage prepaid, the following: Stephen H. Sachs, Esquire Dennis M. Sweeney, Esquire Evelyn 0. Cannon, Esquire Marlene Trestman, Esquire Attorney General of Maryland The Munsey Building Seven North Calvert Street Second Floor Baltimore, Maryland 21202 Attorneys for Plaintiffs Donald A. Krach, Esquire Paul B. Lang, Esquire F. Ford Loker, Esquire Niles, Barton & Wilmer ... - 3 2 SrilJort^h -Howard--a t r e e t r T : ; -- Baltimore, Maryland 21201 Attorneys for Keene Corporation Paul Mark Sandler, Esquire Freishtat & Sandler One Calvert Plaza 201 E. Baltimore Street Baltimore, Maryland 21202 and Harold D. Murry, Jr., Esquire John G. Calender, Esquire Clifford & Warnke 815 Connecticut Avenue, N.W. Washington, D.C. 20006 Attorneys for Owens-Illinois, Inc. Michael B. Mann, Esquire Donald K. Krohn, Esquire Merriman & Mann, P.A. Sun Life Building - 7th Floor 20 South Charles Street Baltimore, Maryland 21201-3296 and SAMPLE 16810 l Adrienne J. Davis, Esquire Crowell & Moring 1100 Connecticut Avenue Washington, D.C. 20036 Attorneys for Eagle-Picher Industries, Inc. George P. Adams, Esquire 343 N. Charles Street Baltimore, Maryland 21201 Attorney for Combustion Engineering, Inc. Edward J. Lopata, Esquire Susan M. Hannigan, Esquire Jordan, Coyne, Savits & Lopata 1030 - 15th Street, N.W. Washington, D.C. 20005 Attorneys for W. R. Grace Company Curtis M. Pontz, Esquire CertainTeed Corporation Senior Counsel P. O. Box 860 Valley Forge, Pennsylvania 19482 Attorney for CertainTeed Corporation Douglas Schoettinger, Esquire Smith, Somerville & Case 100 Light Street 6th Floor B a l t i m o r e M a r y land -21-20.2--.---_ --- Attorney for National Gypsum Company z.: -r - William Clague, Esquire 4701 Sangamore Road Bethesda, Maryland 20816 Attorney for U. S. Mineral Products Company James R. Eyler, Esquire William S. Evans, Esquire Miles & Stockbridge 10 Light Street Suite 2000 Baltimore, Maryland 21202 Attorneys for Owens-Corning Fiberglass Corporation and Proko Industries, Inc. William A. Franch, Esquire Franch, Earnest & Cowdrey 111 Cathedral Street P . 0. Box 827 Annapolis, MD 21404 SAMPLE 16811 2 and Alan Klein, Esquire Kathleen Meriwether, Esquire Joanne Lahner, Esquire Drinker, Biddle & Reath 1100 PNB Building Broad and Chesnut Streets Philadelphia, Pennsylvania 19107 Attorneys for Georgia-Pacific Corporation C . Tennant & Sons c/o State Department of Assessments and Taxation 301 West Preston Street Baltimore, Maryland 21201 Lee Ogburn, Esquire Andrew Jay Graham, Esquire Nancy E. Gregor, Esquire James P. Ulwick, Esquire Kramon & Graham 6th Floor Sun Life Building 20 South Charles Street Baltimore, Maryland 21201 Attorneys for H. K. Porter Company, Inc, and Southern Textile Corporation Edward C. Mackie, Esquire Joseph F. Lavin, Esquire Rollins, Smalkin, Richards & Mackie 401 N. Charles Street Baltimore, Maryland 21201 Attorneys for Nicolet Industries, Inc. Edward S. Digges, Jr., Esquire Michael T. Wharton, Esquire Digges, Wharton & Levin 223 Duke of Gloucester Street Annapolis, Maryland 21404-2359 and Arthur H. Rainey, Esquire William R. Herman, Esquire Dechert, Price & Rhoads 3400 Centre Square West 1500 Market Street Philadelphia, Pennsylvania 19102 Attorneys for A C & S, Inc. SAMPLE 16812 3 Louis G. Close, Jr., Esquire Edward F. Houff, Esquire Deborah Sweet, Esquire Whiteford, Taylor, Preston, Trimble & Johnston 2000 First Maryland Building 25 South Charles Street Baltimore, Maryland 21201 and Michael I. Otchet, Esquire P. 0. Box 3001 Lancaster, Pennsylvania 17604 Attorneys for Armstrong World Industries, Inc. Roy L. Mason, Esquire Donahue, Ehrmantraut & Montedonico 330 N. Charles Street Suite 300 Baltimore, Maryland 21201 Attorney for Air-O-Therm Application Company, Inc. James D. Skeen, Esquire Constable, Alexander, Daneker & Skeen Suite 1000 16 South Calvert Street Baltimore, Maryland 21202 Attorney for Wilkin Asbestos Company Fenton L. Martin, Esquire Albert J. Matricciani, Jr., Esquire Clapp, Somerville, Honemann & Beach 1700 First National Bank Building 7 E. Redwood Street Baltimore, Maryland 21202 Attorneys for Forty-Eight Insulations, Inc. Jervis S. Finney, Esquire Geoffrey S. Tobias, Esquire Ober, Kaler, Grimes & Shriver 1600 Maryland National Bank Building Baltimore, Maryland 21202 Attorneys for GAF Corporation Gary Crawford, Esquire Skadden, Arps, Slate, Meghar & Flom 929 Third Avenue New York, N.Y. 10022-9931 Attorney for The Flintkote Company SAMPLE 16813 4 Louis G. Close, Jr., Esquire Edward F. Houff, Esquire Deborah Sweet, Esquire Whiteford, Taylor, Preston, Trimble & Johnston 2000 First Maryland Building 25 South Charles Street Baltimore, Maryland 21201 and Michael I. Otchet, Esquire P. O. Box 3001 Lancaster, Pennsylvania 17604 Attorneys for Armstrong World Industries, Inc. Roy L. Mason, Esquire Donahue, Ehrmantraut & Montedonico 330 N. Charles Street Suite 300 Baltimore, Maryland 21201 Attorney for Air-O-Therm Application Company, Inc. James D. Skeen, Esquire Constable, Alexander, Daneker & Skeen Suite 1000 16 South Calvert Street Baltimore, Maryland 21202 Attorney for Wilkin Asbestos Company Fenton L. Martin, Esquire Albert J. Matricciani, Jr., Esquire Clapp, Somerville, Honemann & Beach 1700 First National Bank Building 7 E. Redwood Street Baltimore, Maryland 21202 Attorneys for Forty-Eight Insulations, Inc. Jervis S. Finney, Esquire Geoffrey S. Tobias, Esquire Ober, Kaler, Grimes & Shriver 1600 Maryland National Bank Building Baltimore, Maryland 21202 Attorneys for GAF Corporation Gary Crawford, Esquire Skadden, Arps, Slate, Meghar & Flom 929 Third Avenue New York, N.Y. 10022-9931 Attorney for The Flintkote Company SAMPLE 16813 4 Jack L. Hardwick, Esquire George C. Davis, Esquire Hardwick, Tripoda & Harris Law Building 15 Guilford Avenue Baltimore, Maryland 21202 Attorney for Fibreboard Corporation Judson P. Garrett, Esquire Tydings & Rosenberg 26th Floor 201 North Charles Street Baltimore, Maryland 21201 Attorneys for Raymark Industries,- Inc. E. Dale Adkins, III, Esquire M. Bradley Hallwig, Esquire Anderson, Coe & King 800 Fidelity Building Baltimore, Maryland 21201 Attorneys for Pittsburgh Corning and Standard Insulations, Inc. Corporation Robert E. Cahill, Sr., Esquire Stephen B. Caplis, Esquire Melnicove, Kaufman, Weiner & Smouse, 36 South Charles Street 6th Floor Baltimore, Maryland 21201 P.A. Bruce Stanton, Esquire Senior Attorney. Lac D'Amiante du Quebec, Ltee 1800 Maiden Lane, 25th Floor New York, New York 10038 Attorneys for Lake Asbestos of Quebec, LTD Thomas C. Swiss, Esquire Freishtat & Sandler 1500 One Calvert Plaza 201 E. Baltimore Street Baltimore, Maryland 21202 and Charles E. Dorkey, III, Esquire Thomas I. Sheridan, III, Esquire Richards O'Neil & Allegaert 660 Madison Avenue New York, New York 10021 Attorneys for Turner & Newall, Ltd., Turner Asbestos Fibres and J. W. Roberts, Ltd. SAMPLE 16814 5 James L. Kelly, Jr., Esquire Martin Levine, Esquire Donahue, Ehrmantraut & Montedonico Chartered 51 Monroe Street, Suite 700 Rockville, Maryland 20850 Attorneys for Bell Asbestos Mines, Ltd. H. Emslie Parks, Esquire Leland S. Van Koten, Esquire John W. Geldmacher, Esquire Drake C. Zaharris, Esquire Wright & Parks Suite 1012 409 Washington Avenue Towson, Maryland 21204 Attorneys for The Celotex Corporation & Carey Canada, Inc. David Beers, Esquire Shea & Gardner 1800 Massachusetts Avenue, N.W. Washington, D.C. 20036 Attorney for Brinco Mining, Ltd. William F. Mosner, Esquire Russell D. Karpook, Esquire John J. Nagle, III, Esquire Power & Mosner -- -2"l~W-r.:-Susquehartna :Avenue - -nr-- -- -- Towson, Maryland 21204 Attorney for MCIC, Inc. --m - r -- Michael S. Libowitz, Esquire Robert J. Lynott, Esquire Moore, Libowitz & Thomas 334 St. Paul Place Baltimore, Maryland 21202 Attorney for Hampshire Industries, Inc. Thomas L. Crowe, Esquire Ray R. Fidler, Esquire Cable, McDaniel, Bowie & Bond 900 Blaustein Building One North Charles Street Baltimore, Maryland 21201 Attorney for College Park Contracting, Inc. SAMPLE 16815 6 Jay I. Morstein, Esquire Bruce G. Harris, Esquire Frank, Bernstein, Conaway & Goldman 300 E. Lombard Street Baltimore, Maryland 21202 Attorneys for Lloyd E. Mitchell, Inc. Paul W. Nolan, Esquire Katharine Thurlow, Esquire Thurlow & Nolan, P.A. Suite 204 711 West 40th Street Baltimore, Maryland 21211 Attorneys for Wallace Insulation, Inc. Robert P. Schlenger, Esquire Lord, Whip, Coughlan & Green 700 Central Savings Bank Building 201 North Charles Street Baltimore, Maryland 21201 Attorney for A. H. Forman Co., Inc, and Wallace & Gale Thomas F. McDonough, Esquire Keith R. Truffer, Esquire Royston, Mueller, McLean & Reid Suite 600 102 W. Pennsylvania Avenue Towson, Maryland 21204 A,ttor-ney.:for-tPo-rtex^Hayd.en--Company:-:- :- T. Bruce Hanley, Esquire Ridgley & Hanley 400 Allegheny Avenue Towson, Maryland 21204 Attorney for Wallace & Gale George A. Nilson, Esquire Robert Dale Klein, Esquire 1100 Charles Center South 36 South Charles Street Baltimore, Maryland 21201 Attorneys for United States Company Gypsum SAMPLE 16816 7