Document rxOjBbZjBvYnnRwvzYB1Yqw0v

CAUSE NO. 12540*BHOO EDWARD J. LAMBERT VS. PROKO INDUSTRIES, INC., ET AL. IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT DEFENDANT PHARMACIA CORPORATION'S. FORMERLY KNOWN AS MONSANTO COMPANY. SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES AND SECOND SUPPLEMENTAL RESPONSE TO PLAINTIFF'S REQUEST FOR DISCLOSURE UNDER RULE 194 TO: Plaintiff, by and through his attorneys ofrecord, Stephanie Finch and Lou Thompson, Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Defendant Pharmacia Corporation, formerly known as Monsanto Company ("Monsanto"), (hereinafter sometimes referred to as "Defendant"), serves this Supplemental Designation ofExpert Witnesses and Second Supplemental Response to Plaintiffs Request for Disclosure Under Rule 194 attached hereto as Exhibit 1. Respectfully submitted, ELLIS, CARSTARPHEN, DOUGHERTY & GOLDENTHAL P.C. G. Joe Ellis State Bar No. 06575050 Douglas B. Dougherty State Bar No. 06031650 Lawrence E. Goldenthal State Bar No. 08089508 720 N. Post Oak, Ste. 330 Houston, Texas 77024 (713) 647.6800 (713) 647.6884 (Facsimile) ATTORNEYS FOR DEFENDANT, PHARMACIA CORPORATION, FORMERLY KNOWN AS MONSANTO COMPANY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe above and foregoing was sewed upon all known counsel ofrecord by regular mail and upon Plaintiff s counsel ofrecord on this *) may ofSeptember, 2001 by certified mail, return receipt requested as follows: Stephanie Finch Lou Thompson Baron & Budd The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 2 EXHIBIT 1 I. Defendant Pharmacia Corporation's, formerly known as Monsanto Company, Supplemental Designation of Expert Witnesses and Second Supplemental Response to Plaintiffs Request for Disclosure Monsanto hereby specifically incorporates herein by reference for all pertinent purposes Defendant Pharmacia Corporation's, formerly known as Monsanto Company, Designation of Expert and Fact Witnesses Pursuant to Court Order and Supplemental Response to Plaintiff- Intervenors' Request for Disclosure Under Rule 194 previously served in this action as well as all caveats and conditions set forth therein. In supplementation thereof, Monsanto hereby designates the following additional persons and/or supplements its prior designation with respect to the following persons who maybe called as expert witnesses and (1) who have been retained byDefendant and/or other Defendants in this cause,' or (2) who may provide testimony inthe nature ofexpert or opinion type testimony despite the fact that they are not "retained experts." This supplemental designation is based upon the pleadings and discovery responses served by Plaintiffto date. Defendant reserves the right to supplement this designation as discovery progresses and as Plaintiffcontinues to supplement discovery and appear for additional independent medical examinations, if any. Defendant reserves the right to amend and supplement this designation. 1. Mr. John A. Pendergrass 6700 Milkhouse Court Mobile, Alabama 36695 Mr. Pendergrass is an industrial hygienist and may testify concerning industrypractice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 3 2. J. LeRoy Balzer, Ph.D. 408 Horse Trail Ct. Alamo, California 94556 Dr. Balzer is an industrial hygienist and may testily concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 3. Mr. Lawrence R. Birkner, CEH, CSP 2026 El Monte Drive Thousand Oaks, CA 91362 (805) 494-8173 Mr. Birkner is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testifyconcerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 4. James T. Knorpp, PE, CSP 2149 Misty's Run Keller, TX (817) 379-0840 Mr. Knorpp is a safety professional and professional engineer and may testify concerning his education, training and experience, as well as his factual observations and mental impressions and opinions and the basis for them, in the following areas: the creation, role and significance of OSHA, and relevant rules and regulations, concerning asbestos products in the work place; the process of establishing, historical development, and significance ofmaximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similar concepts, in general and specifically with regard to asbestos at relevant times and the reasonableness ofreliance upon established acceptable and safe levels of exposure to asbestos; employer's responsibility for employee/worker work site conditions and safety, including the employer's role in connection with OSHA. Mr. Knorpp may also testify regarding matters in response to testimony of Plaintiff s experts. 5. Dr. Patrick N. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, TX 77030 4 Dr. Conoley is an M.D. and a "B" reader, who may testifyconcerning his review ofofthe radiographs and CT scans ofPlaintiffin this case and the significance ofvarious x-ray findings on the radiographs of Plaintiff. 6. Dr. Gail D. Stockman 703 East Marshall Avenue, Suite 4002 Longview, Texas 75601 (903) 753-0787 Dr. Stockman may testify regarding the pulmonary and respiratory diseases and illnesses alleged byPlaintiff. More specifically. Dr. Stockman maytestify regarding specific medical complaints and history ofPlaintiffand whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Stockman may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises ofDefendant and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Stockman maytestify as to all matters pertaining to examination ofPlaintiffand/orreview ofPlaintiffs medical records, x-rays, and reports and supplemental reports ofPlaintiffs experts; any communications with Plaintiffor Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether Plaintiff suffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiffs current medical condition and her prognosis thereof, the anatomy and function of the respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association of pulmonary disease with asbestos exposure; the effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system; methods ofdiagnosis of various diseases, especiallythe means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general public. She may also testify as to smoking and its relation to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic effect; the differencebetween impairment and disability, the effect ofasbestosis on disability and life expectancy; and the lack ofrelationship between the presence of pleural plaques and a later development ofany form ofcancer. Dr. Stockman may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 7. Kim Bloom, M.D. 6550 Fannin, Suite 2403 Houston, Texas 77030 (713) 790-6250 5 Dr. Bloom is a specialist in pulmonary and respiratory diseases and a certified B-reader. He may testify regarding specific medical complaints and history ofPlaintiffand whether those complaints could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Bloom may also testify regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises of Defendant and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Bloom maytestify as to all matters pertaining to examination ofPlaintiff and/or review ofPlaintiffs medical records, x-rays, and reports and supplemental reports ofPlaintiffs experts; any communications with Plaintiffor Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiffsuffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiff current medical condition and his prognosis thereof, the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity, the nature and extent ofmedical and scientific knowledge regarding any association ofpulmonary disease with asbestos exposure; the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases ofthe respiratory system; methods of diagnosis ofvarious diseases, especiallythe means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general public. He may also testify as to smoking and its relation to cancer ofthe lung and cancers ofother bodyparts with reference to epidemiology studies and physiologic effect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack ofrelationship between the presence ofpleural plaques and a later development ofany form ofcancer. Dr. Bloom may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 8. Robert M. Ross, M.D. 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713)383-6100 (phone) (713)383-6103 (fax) Dr. Ross is a specialist in pulmonary and respiratory diseases and a certified B-reader. He may testify regarding specific medical complaints and history ofPlaintiffand whether those complaints could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Ross may also testify regarding alleged medical risks to Plaintiffin the future due to Plaintiff s alleged exposure to materials from the premises of Defendant and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Ross may testify as to all matters pertaining to examination ofPlaintiff and/or review ofPlaintiffs medical records, x-rays, and reports and supplemental reports 6 ofPlaintiff's experts; any communications with Plaintiffor Plaintiff's family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiffsuffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiffs current medical condition and his prognosis thereof, the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association ofpulmonary disease with asbestos exposure; the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases ofthe respiratory system; methods of diagnosis ofvarious diseases, especiallythe means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general public. He may also testify as to smoking and its relation to cancer ofthe lung and cancers ofother bodyparts with reference to epidemiology studies and physiologic effect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack ofrelationship between the presence ofpleural plaques and a later development ofany form ofcancer. Dr. Ross may offer testimony in response to any reports or testimony offered by Plaintiffs experts 9. Venessa Ann Holland, M.D., MPH, P.A. Environmental Pulmonary Consultants 7515 S. Main Street, Suite 670 Houston, Texas 77030 (713) 799-2224 (Telephone) (713) 799-2225 (Facsimile) Dr. Holland may testify regarding the pulmonary and respiratory diseases and illnesses alleged by Plaintiff. More specifically, Dr. Holland maytestifyregarding specific medical complaints and history ofPlaintiffs and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Holland may address issues regarding alleged medical risks to PlaintifFin the future due to Plaintiffs alleged exposure to materials from the premises ofDefendant and the effects ofthe alleged illnesses and diseases on PlaintifFin the past and in the future. Dr. Holland maytestify as to all matters pertaining to examination ofPlaintifFand/orreview ofPlaintiffs medical records, x-rays, and reports and supplemental reports ofPlaintiff s experts; any communications with Plaintiffor Plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether Plaintiff suffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiffs current medical condition and her prognosis thereof, the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and 7 peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association of pulmonary disease with asbestos exposure; the effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system; methods ofdiagnosis of various diseases, especiallythe means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence of lung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general public. She may also testify as to smoking and its relation to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic effect; the difference between impairment and disability, the effect ofasbestosis on disability and life expectancy; and the lack ofrelationship between the presence of pleural plaques and a later development ofany form ofcancer. Dr. Holland may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 10. Scott G. Donaldson, M.D., F.C.C.P Pulmonary/Critical Care 375 Municipal Drive, Suite 218 Richardson, Texas 75080 (972) 680-0666 (972) 680-2499 (fax) Dr. Donaldson is a specialist in pulmonary and respiratory diseases. He may testify regarding specific medical complaints and history ofPlaintiffand whether those complaints could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Donaldson may also testify regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises ofDefendant and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Donaldson may testify as to all matters pertaining to examination ofPlaintiffand/or review ofPlaintiffs medical records, x-rays, and reports and supplemental reports of Plaintiff s experts; any communications with Plaintiffor Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiffsuffers from asbestos-relateddisease and the basis ofsuch opinions; the Plaintiffs current medical condition and his prognosis thereof, the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity, the nature and extent ofmedical and scientific knowledge regarding any association ofpulmonary disease with asbestos exposure; the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases ofthe respiratory system; methods of diagnosis ofvarious diseases, especially the means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos 8 workers and to the general public. He may also testify as to smoking and its relation to cancer ofthe lung and cancers ofother body parts with reference to epidemiology studies and physiologic effect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack of relationship between the presence ofpleural plaques and a later development ofany form ofcancer. Dr. Donaldson may offer testimony in response to anyreports or testimony offered by Plaintiff s experts. 11. Kathryn A. Hale, M.D. 6550 Fannin Street Smith Tower, Suite 1236 Houston, Texas 77030 (713) 790-2076 (Telephone) (713) 790-3648 (Facsimile) Dr. Hale may testifyregarding the pulmonary and respiratorydiseases and illnesses alleged by Plaintiff. More specifically. Dr. Hale maytestifyregarding specific medical complaints and history ofPlaintiffs and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Hale may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiff s alleged exposure to materials from the premises ofDefendant and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Hale may testify as to all matters pertaining to examination ofPlaintiffand/or review ofPlaintiflfs medical records, x-rays, and reports and supplemental reports ofPlaintiffs experts; any communications with Plaintiffor Plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether Plaintiffsuffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiff s current medical condition and her prognosis thereof, the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity, the nature and extent ofmedical and scientific knowledge regarding any association ofpulmonary disease with asbestos exposure; the effect ofexposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system; methods ofdiagnosis ofvarious diseases, especially the means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general public. She may also testify as to smoking and its relation to cancer ofthe lung and cancers ofother body parts with reference to epidemiology studies and physiologic effect; the difference between impairment and disability, the effect ofasbestosis on disability and life expectancy, and the lack ofrelationship between the presence ofpleural plaques and a later development of any form ofcancer. Dr. Hale may offer testimony in response to anyreports or testimony offered by Plaintiffs experts. 9 12. John R. Holcomb, M.D. 4410 Memorial Drive, Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb is a specialist in pulmonary and respiratory diseases. He may testify ( regarding specific medical complaints and historyofPlaintiffand whether those complaints could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Holcomb may also testify regarding alleged medical risks to Plaintiffin the future due to Plaintiff's alleged exposure to materials from the premises ofDefendant and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Holcomb maytestify as to all matters pertaining to examination ofPlaintiffand/or review ofPlaintiffs medical records, x-rays, and reports and supplemental reports ofPlaintiff s experts; any communications with Plaintiffor Plaintiffs familymembers; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether Plaintiff suffers from asbestos-related disease and the basis ofsuch opinions; the Plaintiffs current medical condition and his prognosis thereof, the anatomy and function ofthe respiratory and circulatory systems; the natures ofasbestos; the symptomatology, disease process and diagnosis ofasbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association of pulmonary disease with asbestos exposure; the effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system; methods ofdiagnosis of various diseases, especially the means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general public. He may also testify as to smoking and its relation to cancer of the lung and cancers ofother body parts with reference to epidemiology studies and physiologic effect; the difference between impairment and disability, the effect ofasbestosis on disability and life expectancy; and the lack ofrelationship between the presence of pleural plaques and a later development ofany form ofcancer. Dr. Holcomb may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 13. I. A. Feingold, M.D. Chief, Division of Pulmonary Medicine South Miami Hospital 6200 Southwest 73rd Street Miami, FL 33143 305-661-4611, Ext. 5229 Dr. Feingold is a specialist in pulmonary medicine and a NIOSH certified "B-reader". Dr. Feingold may testify as to his examination ofplaintiffand/or review ofhis medical records 10 and x-rays and may offer opinions regarding whether or not the plaintiffhas an asbestosrelated disease. Dr. Feingold may also testify concerning the diagnostic criteria used to diagnose asbestos-related diseases and prognosis regarding any medical conditions. Dr. Feingold may also testify about general medical issues and the effects that asbestos and other substances have on human health generally and with respect to plaintiffspecifically. Dr. Feingold will also testify as to the idiopathic nature of mesothelioma in some individuals. He will also testify that certain other cancers are not in reasonable medical probability related to asbestos exposure based upon the scientific evidence. These will include laryngeal and colon rectal cancers, among others. Dr. Feingold may also testify concerning the nature and extent ofmedical and scientific knowledge as it has existed from time to time regarding the association ofpulmonary disease with asbestos exposure based upon the medical and scientific literature, and based on that literature, he will testify as to the population and workers perceived to be at risk ofasbestos disease as literature has developed over time. He will also testify concerning the methods ofdiagnosis, the incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic workers and to the general public. He will also testify to smoking and its relation to cancer ofthe lung and cancer ofother parts ofthe body. He will further testify concerning the lack ofrelationship between the presence ofpleural plaques and later development ofany form ofcancer and the necessity for an underlying diagnosis for pulmonary asbestosis in order to attribute lung cancer to asbestos exposure. Dr. Feingold may offer testimony in response to any reports or testimony offered by Plaintiffs experts. Defendant also designates any and all expert witnesses designated herein by Plaintiff. Defendant also designates any and all expert witnesses designated herein by other Defendants. Each of Defendant's experts may offer testimony in response to testimony and/or reports of Plaintiffs experts. Defendant would also refer to and incorporate herein by reference each ofthe reports submitted, or to be submitted by Defendant's experts, copies ofwhich have been or will be provided to Plaintiff s counsel by Defendant or other Defendants herein. Defendant's experts' C.V.s have previously been provided to Plaintiffs counsel. Defendant will provide additional copies should they be requested by Plaintiff. 11 CAUSE NO. 12540*BHOO EDWARD J. LAMBERT IN THE DISTRICT COURT OF VS. BRAZORIA COUNTY, TEXAS PROKO INDUSTRIES, INC., ET AL. 23RD JUDICIAL DISTRICT DEFENDANT PHARMACIA CORPORATION'S, FORMERLY KNOWN AS MONSANTO COMPANY, CERTIFICATE OF WRITTEN DISCOVERY 'P' I hereby certify that on the day ofSeptember, 2001, a true and correct copy ofthe following document was sent to counsel for Plaintiff, Stephanie Finch and Lou Thompson, Baron & Budd, The Centrum, Suite 1100, 3102 Oak Lawn Avenue, Dallas, Texas 75219, byU.S. Certified Mail, return receipt requested, and to all other known counsel of record by regular U.S. Mail: 1. Defendants Pharmacia Corporation's, formerly known as Monsanto Company, Supplemental Designation ofExpert Witnesses and Second Supplemental Response to Plaintiffs Request for Disclosure Under Rule 194. Respectfully submitted, ELLIS, CARSTARPHEN, DOUGHERTY & G. Joe Ellis State Bar No. 06575050 Douglas B. Dougherty State Bar No. 06031560 Lawrence E. Goldenthal State Bar No. 08089508 720 N. Post Oak Rd., Suite 330 Houston, Texas 77024 (713) 647-6800 (713) 647-6884 (fax) ATTORNEYS FOR DEFENDANT PHARMACIA CORPORATION, FORMERLY KNOWN AS MONSANTO COMPANY