Document ykjoO6k1NZVB9JOrqL2JkpeQr

nFNNTS PAUSTENBACH Page 1 CAUSE NO. A-0 30272CC 2 ANN STUBBS, Individually ) IN THE DISTRICT and as Representative of ) COURT OF the Estate of BEN L. STUBBS, ) Deceased, ) ORANGE COUNTY, TEXAS 4 Plaintiff, ) 128TH JUDICIAL DISTRICT VS. 6 RADIATOR SPECIALTY ) ) COMPANY, ) et al., 0 Defendants. ) HERBERT W. WILKINSON and ) IN THE DISTRICT PEGGY S. HERBERT, ) COURT OF 10 ) Plaintiffs, ) It ) ORANGE COUNTY, TEXAS VS. 12 RADIATOR 13 et al ., SPECIALTY ) COMPANY, ) ) DISTRICT 128TH JUDICIAL 14 Defendants. ) ORAL AND VIDEOTAPED DEPOSITION OF 16 DENNIS J. PAUSTENRACH , Ph.D., D.A.B.T. MAY 18, 2006 19 20 21 22 8011806-000734 23 24 DEPOSITION FILE COPY 2S _L09 _Exh _ .bd1.tlf _C0 _01sk _IMG Henjum Goucher Reporting 1-888-656-DEPO Services L.P. I ,5`two DENNIS PAUSTENBACH Page 1 CAUSE NO. A-07 0272CC 2 ANN STUBBS, Individually IN THE DISTRICT i and as Representative of COURT OF the Estate of BEN L. STUBBS, Deceased, ORANGE COUNTY, TEXAS 4 Plaintiff, 128TH JUDICIAL DISTRICT VS. 6 RADIATOR SPECIALTY COMPANY, et al., E Defendants. 9 HERBERT W. WILKINSON and IN THE DISTRICT PEGGY S. HERBERT, COURT OF 10 Plaintiffs, ORANGE COUNTY, TEXAS v$. RADIATOR SPECIALTY COMPANY, ) 128TH JUDICIAL 3 ct al., ) DISTRICT 14 Defendants. ) 15 ORAL AND VIDEOTAPED DEPOSITION OF 16 DENNIS J. PAUSTENBACH, Ph.D., D.A.B.T. MAY 18, 2006 ,7 18 19 20 21 22 #011606-000734 23 DENNIS PAUSTENBACH 2 (Pages 2 to 5) Page 2 Page 4 1 ORAL DEPOSITION OF DENNIS I. PAUSILNDACILPI'D_ INDEX DAR T. prodced aswitwaa altM insmmem PAGE IM PlaimiB4. and dYlY Sworn.wm ukcnin dx. App-nres ...... ....._... 3 eWensryled mul numbered crux en the l81h o1 Map. WITNESS: DENNIS J. PAUSTENBACH-Ph.D.. DA.BT. 200. from 848. m. m 11.30. In before JAN ET A. Dirca E swarm turn b. Mc NCmsooff 5 E STEFFAN_ a Re,oreed Diplmmme Rcmde-nduNon, ~ Ross-ESamirore. F, Mc Riegle......... ... 8a PYMic in arm for she Cnmrtumwaal0 o nmo'hisma_ Reporter 's'rorr"xre 91 e f11Fe Pi16duPA Mertinn City Cvnler.113 ' wazFinE On Place. Pinsb rFF. P mylnnia. 15519. PSHIP]IS 10 purau.'emdm Texas Rules of Civil ProccduNattd EXHIBIT PAGE MARKED 11 dil provisim. suredun tbe99rdo1mu9bad I -NmicemT,p%omn -....,....._ 6 15 hemp. .. 2-- Notes limn Wi0.inson care ............. 12 13 3 - Notes from Smbbe case .._.....,...... 12 14 ! 4 4 - Repos in A flDirlon ose,.__.._.. L t ': 5- Report in SlubM...e.__._-_._ R IL 6- Engagement lenerdaled l/18/06..... 14 lE 7- Engagement letter dated V20/0614 1 _ F -- (IS Steel maletl.G vtfms d. sheet for 4 t5 :P Rallinmcdmed 1?67 ....._...... 23 C 9-1 'olor pheloernph, of Liquid A serch__ 24 ,,t 21 _r 10-- Color phoWFmphs r5 spmr% MR on 5 S-CV Of Dr. Pau>lanbacb. ........ 26 IVU tmapbmm IAPpmnB fm Bear 4: Rudd) 6 16 -- US Steel Corrytrminn's first FOR THE INTENDANT, OnitM Smea Stl Culnxetiun. -/ Supplemental disclosure .............. 38 MR.CAREEPPS, ESQ. NELSON, MULLINS. RILEY A SCARBOROUGH 8 I7--Lrller dated 6110163 from U$Sleel 1330 Main Seem q Io Radin.,Specialty Company ......., . 63 C.Nob4. Soule Cwlien '_9511 none: 903.255-9751 10 18 - Leiter dared 5/25177 from US Steel 10 I'OR THE DEFENDANT, Radiator SPeciull Cnmloo: 63 11 M Ta rs MR. THOMAS AUDRY, ESQ. .......................... to , ta 11 COATS, ROSE,YALE, RYMAN A LEE 12 3 Gorrov, Plan, So. 2" to hr.MOO.Te.as 77046 13 Ph. 713651-0111 Pliu lolep6mel 14 14 10R THE DEFENOAM, Union Carbide Co..i-; 15 MS. CATHERINE K. RILGLE, ESQ to KINGASPALDING 16 I IN Lo morn Streit. 19th Fleet IE Ibuamnjexte 7702 17 PMnc 713-"_7674_ 18 IWil4inw nv Arty) (Vo, erk hane) 19 15 ALSO PRESENT; 20 MR. DENNIS J. PAUSr ENDACH.RID_ HABT., 21 )0 The witmu: JULIE M. PANNE. Ch-Risk. 22 31 ERIN SHAY, Chenoo; and MS. JANET A. STEFFAN, 23 DENNIS PAOSTENBACH 3 (Pages 6 to 9) Fage 6 Page 8 Wilkinson and Peggy S. Hetben versus Radiator 1 2 PROCFFDINGS Slreciahy Company. et el.. case namenals May 2006: Sw1+LVWilkinson versus Radiator Specialty COmprm. 3 4 DENNIS I. PALSFFNBACII. Ph D.. OA B.f., 4 eal..e.,rt depositions May 2006; Stobbelwilkimmin 5 awhrless herein, having been fire dMy swum. was 513: P1:5 a versus Radiator Specialty Company. et al.. Infome 6 examined andtestilied es lbllnu's' a exhibits, binder l oft and thenbinder 2 111 birds dated May of 2006: then Swbbs vcrsus Wilkinson, 7 6 DIRECT EXAN41NA'I]ON 9 excuse me. SWM1b./Wllkimon versus Radiator Specialty 9 9 Company, Mehlmvn exhibits May 2006. and then l havea 10 BY MR. NEMEROFF, 20:02:1'+ 12 binder entitled Liquid Wranh-mliame documents. 11 Q. We're on the record. Sim it you could 11 With respect .,he two birders, sir. that 12 just go ahead and slate your full name 1'ur the 12 are marked case materials, it's n good thing were the ssa materials fur either I J both mobile here 13 record. , 14 A. Dennisdaates Penslenbach. la Wilkinson and Herbert nr fr Stubbs, ifyou could 00000615 (EXIIIBff NO. I MARKED.) 00:02:4515 jun generally tell me what. contained in dust, 16 Q. And, Dc Paustenlrach, fra Pump to show 16 notebooks an 1 will have. an ides urwhat's in Ibcee. 1, you what I've marked as Exhibu No. I to this 00: 00: 30 25 Q. And I'Iljusl go ahead and ton Through the On C3: 71 25 the amended William and the, l think it's called the Page 7 Page 9 1 daces LLenm and see what yptivc brought firsts 1 disilosure. 2 have I. brought your mast aO,Cm and complete 2 Q. Pmiahly 194 -- yeah, 194 disclosure. i " i l 3 A. And l believe another disclosure, and then 3 um v tae cu resume or curr 4 A. Yes. 4 the Notice of Deposition. 000040 5 Q. Have you brought all your nom.. data, 00:03:41 5 Q. Would the same hold true for the other, 6 roads, reports or other persons -- cacuse me -- of 6 essentially the same thing? - 7 other persons or witnesses which you have reviewed' A. Essentially tie same thing in the other B Ord. to arr Ve at your Opinions rIm, "Ievant 8 binder. 9 issues to these lawsuits' 9 Q. Okay. I gees whit we re over bore, 00:03:5310 Gardner-- tell me what's in the Gardner exhibits 00:00:5610 A. Yes. 11 Q. And with respect m No. 2, arc those 11 binder. 12 contained within uro nfthe marbooks at the end of 12 A. These are the rabbit. to Gardster's 13 the table? 13 deposition. 14 Q. Okay. And we have expert depositions. I 14 A Yes 00:01:0115 Q. Are they contained in one specific area. 00:04:0215 guess that I. what it is. 16 Or are they spread out through the notebooks? 23 Q. And then we get to the Liquid Wrench 24 Gardner exhibits May 2006; Stubbs v. Radiator 24 reliance documents, and if you could describe briefly 00: 131:3125 Specialty Company ease matena152006;Herbert 00:04:2625 what's contained within Nat notebook. Henjum Goucher Reporting Services L.P. 1-888-656-DEPO DENNIS PAOSTENBACH 4 (Pages 10 to 13) Page 10 Page 12 A. Yes. These are 23 prey.,iew published 15, 2006, and 3 is going m In your noms from the papers by various mWitiebera who have published on Stubbs case dated May 16.'_006_ and then Ian going 10 _ benzene, including mymlf, and depending what the mark as 4 your repon in ibe N'ilk ins m cast and quesdi ns am we can ve&r m published papers in 4 Exhibit 5 your mp,m in the Stubbs case, and so :.~--- all right. So yuu'm gm copies of all lhae things _ this area. e Q. And are there any papers that arc here, published sperilic with mspccno Liquid N4much, or A. Yes, slit are they generally Manor benzene and benzene (EXIT I BIT NOS.2 through S MARKED.) exposures? .1 Q. So flim will he Nu 4. tireat. So'- and 4 G4::i t.. A. I bay,. generally abonbemm. e and OC:i :-C 10 dealwith Wilkins~n,and3and5dealnith Slubhs. bemmne exposures. !1 A. Okay. .Q, Okay. I will nor have the coun reponer 12 Q. Now, with respecl to Exhibits 4 and 5, the ,. mark all those us exhibits and lake them home with 13 enpert reports, when did you complete those? her. I think we have all that 14 A. Yesterday. .. _..t 1' A. Ithinkyouhavclhemull. ro:et:25:5 Q. And were you given any indicaiian prior to 16 Q. -- floating around someplace. Also in 16 your completion that there was a due date for those .from of you you have got comes of penis reports? 1' Mom, in anticipation of vial'.' A. Yo, sir. -r do m arri ve al that, what ) ou cal l l guns your case Page 11 Page 13 1 A. Ihavethecasesummanyforeach. 1 summary. 2 Q. Wouldthatbethemponthatyou'vc 2 A. What normally happends we receive 3 issued in each case? 3 materials on a case from the law firm as 1111, are -4 A. No. it's slightly different. 4 generated, and staff will summarize the relevant 000550 5 Q. Okay. 00:09:47 5 materials regarding the emanicals of wla at.l 6 A. I'll pas the first one io you. 6 will then review the case summary and leak at the 7 Q. Sure. 7 original materials If 1 think that they have 8 A. And here's the Wilkinson8 Identified areas I'd like to know more about or 9 Q. Let me mark char 9 confirm, and that's my standard practice. 00:06:1010 A. I have clean copies for you for exhibits, 00a0:1o 10 MR. NFMEROFF". And with respect -- and 11 I guess I'm just going to put this on the record non 11 if you like. 12 Q. Yeah. If you could, dmu wn,dd Lc g,car 11 - we don't have to have an argurrom at.mt this. 1 13 A. Yeah. Lett do that. Do you want no 13 don, know what or if any order was in place with 14 number them now? 14 respect m generation of reports. and by asking OO:06:18 15 Q. Yeah. I figured l wou10 jun to keep it 00:10: 21 15 question abuunhe reports lies not going 1011 16 inotder. Iryouvegotpaperdips,wecanuse 16 wmving an yobjectiontodteuseoflhisreponar this lawsuit' 24 Q. 2? Why don't we go ahead. 2 will he your 24 A. I think l haveacloseal usuallyget 00:07:0025 notes Emirs the Wilkinson and ffedicd case dated May 00:10:5225 to as engagement letter. Henjum Goucher Reporting Services L.P. 1-888-656-DEPO DENNIS PAUSTENBACH 5 (Pages 14 to 17) Page 14 Page 16 1 0. And do you have a copy ofthat with .0"! I Q. Okay. 2 A. And, ofcours., Mr. Epps is right. Flynn 2 A. Yes. 3 lake me down certain road%"factimesjudges will 3 Q l fwecangoaheadand4 A. Would you Ilk. Them? 4 compel me to answer your question. 00:11:23 5 Q. Yes, please. I will go ahead and mark 0013: 36 5 Q. San And P. no' looking to -- I dont ' 6J anuary I8,2006, as Exhibit Nu. 6 and March 30. F 111 want to gn down roads we don't need to level. 1 7 and these are Idlers from es Exhibit NOJ 2006 , . jusutyingm dnermmeif lls. Sleet is out of this 0 , , Stephen Dillard a1 Fulbright & J....ki, 8 case, so goes Dr. Pauslenbach. ' 9 smy A. Ica.-lspeaktolhagbmthm 9 A. Yes,mr. 00:11:44 10 Q. And that's Exhibit 6, and the w and 00:13: 50 10 understanding. 11 lelt.is From Brett Young al Fulbright&laworski. I1 Q. As faras receiving retainerorha,mga 12 6 and 7 MARKED.) tEXHIHIT Nth 12 letter ofeng.gc,,.t letter, that's only bappened 13 . Q. who is it that you understand that 13 00:14-6 20 right, 21 MR. EPPS: It's scheduled to sun on 21 A. V.S. Sted. 22 Q. Have youbeen retained asanexpert by 22 Monday, yes. 23 Exxon Corporation err Fxxon Mobil in this cue'.' 23 MR. NEMLROFF: Fair enough. 24 A. Not to the best of my knowledge. 24 Q. W rah resp:d In subpoena daces lecmn item about Shelh H 00: 14: 15 25 No.4, Ml me go ahead and give you This back m you 00:12:22 25 ow Q. page 15 Page 17 can see it, inicid ofreading the whole thing, are 1 2 A. Nq air. And I deal know who else is ICR. Any ul' Q there any documents Ouat you lu. brought with you . that arc responvvem this paniculer request? 3 the other defendants? A. Not byoml that which we have already 4 A. And 1 haven't been retained00:12:32 5 Q. Radiator Specialty? ... ,..- `_ discussed. 6 A. -- by Radiator Specialty. ti Q. Okay. And those arc all the depositions 7 Q. And arc all ofyour opinions shat you nave and narse,ipts and pleadings and statements, et P for Moth offbeat, cases, Stubbs and Wilkinson, are cctm, that were covered in the binders down al the 9 they specific only to U.S. Steel? end of the mh12 00:12:4610 A. Yes, va=: J410 A. That's correct, i 11 Q. How about with respect to subpoena daces 11 resembles a photograph or Chan Is in Petty's repo", 1 . :. Q . Andesilhrespmtmsubpoenaducx imum le asked by plaintilPs counsel. 19 Q. Okay. Igoessyouunderstandwha11'm l No.6,lexlbooks, tnatises,juumala"ub`,n 00:13:13 20 trying to du is avoid the surpnW of U.S. Steel L)f 20 c..e, 1 understand and wouldn't extaxa you to bring i 21 all your textbooks, but there is a reliance document 21 mesa on sterling this case and you ayPt,onng as a w 22 bind. down al the rnd or,he table for the Lipoid 22 hehalfof Exxon or somebody else at tri-L 23 That's always a concern whenever l A 23 Wrench Wet containscmain mNical anidcs. Would 24 . testify, an l think l understand what your concern 24 that be in response' 'o this number here". 10.-"::1 25 A. Yes. 00:13:29 25 is. Henjum Goucher Reporting Services L.P. 1-888-656-DEP0 DENNIS PAOSTENBACH Page 18 I Q. \1'ith respect to No. ], codes, regulations, n relem, did you bring anything scpamte and span ' + Born it hnmvc have, discussed do,, n m the end of the able? 0016: r i _ A. Thor. any be something inaldr a biller. 1 6 haveacouple mtles and regulations Lerr,bm thq' mac also he in the binder. Q. Okay. No. 8. imakc, 1. n, person or 5 party tier sets us, rendered by m, .1 any cl'your UO:lE l; 1e employees, agents or representmhcsm coemcciun u with these lawsuits. Do you hate um such invoices 12 with you today? Ie A. No. We have not prepared any invokes I. 14 This case yet. It's a Mativ'ety new' case to m. 00:16:50 1 ` Q. When were you first engaged be US. Steel 16 to pertmm any services with respect to the Stubbs Iand Wilkinson cases? lp A. Wee didn't start performing or, fees until 19 rnadiv, but the retention, that it the phone call, 00:16:46 O urcorrol m.homarv and in March, but our activities 11 have been fairly.... 11 Q. And what were you asked t0 do by the 21 Is,, cis fnr fl. S. Smcl:' 24 A. Nell, it-, changed over time. At this 00:1"; :05 25 point it's to discuss the manes that are in my Paric 19 1 opinion letter which is fundamentally invoking 2 exposure assessment and wanings and a little bit on 3 toxicology. 4 Q. And would those opinion %ah reswel or 00:1 :2] 5 truck with respect m esporm,...rssmenl and vorrargs 6 and osicalogy be, limited to'bc Liquid W'rcoch 21 That's through today l presume you're asking. 22 Q. Yes, Ihmogh mday. As you an here right 73 nom, de, you expect or do you intend m pendnn any 24 old. must week tith respect to lb- its - cases.' 00:18:5925 A. I'mg.isgtocorrectwhatijusfsaid O krelquJ 10 11 111 Page 20 since it's through today. 1 mould guns it's closer " to 201. Z1odahl. Q. And my inenion naz azyen zit here IOdo. do you expect m intend m perform airy additionalw0d, orserricr, mith ropeel to these too _ n v,.nbahaltoflti Swl' A. Only' to prepare roc trial. Q. And lhP lwO KOmen tilling lO Vnul tell. are Ibey ChemRlsk employees as tell" ......6... A. Yes, sir. ,. Q. And d,ma could idsmiry them fur the .: record. please. A. Yet. one k Erin Shay, mal the other is .. Julie Panko. They are from the land Pondurgh (::'. 6: y 5 1. office, and I old them 0aron & Budd had good Havers 16 and they might want to enjoy coming to the ." depmllion. SO lbey're f l)ron'ers, .. Q. II'n earn. & Budd hover ter, here. he or It' she would really apprecmteh With respect to you :... . _, _what arc ynn cM1aging per hour fnr your work charges m Thar eases? A. ldon't revolt if Mr. Epps has the 54s5m hour or the 5485 an hour rate for this case, but 1 4 think- l oink he has the 5485 rate based upon my ~..._._. __ .'talon kner. Page 21 MR. EPPS: Well talk about fiat. 2 Q. Welk vas, it is, In looking it is the = $485 an hour rate. 4 A. lldependsonwhentheeasenarted. Andislhem,meydar--vidwrea e repartee re a separation thm you can detamine as r Q. Okay. DO all lire materials that .rive -= identieed so far being the binders, your cue not. <3 and yamogrons, covoinsc your entire file in this 24 caw' And ifnm, are them any additional materials 00 -i IC zthat would have to he included". Henjum Goucher Reporting Services L.P. 1-888-656-DEP. DENNIS PAUSTENBACH 7 (Pages 22 to 25) Page 22 I A. Three mayor map tat be in the hinders, but there are photographs of Liquid Vitamin cam which I believe vour 0rrn has. Q. Okay G : SA c A. There's rery:d of m original safety 6 data eheeL There all several coprts there. Q. These are U. S. Slrel's material sarely data sheers separate from -- I'm lrying lm rtmcrnber whose. Were they Radium Specialty's MSDSf 0010 MR. EPPS: Radinmr has produceda ?I number of MSDS retains in litigation. 1 MR. NEMEROFF: Right. MR.NEMEROFF: Theuneyoubazcis .4 United States Simi's safety data sheet l think. If 00:2_:-1you mark d., you can give m a number. well makes it mend fit I' MR. NEMEROFF: That's all tight. I'm 1going,, go ahead and mark this as Exhibit No. S. jw MR. EPPS'. Would you mind markings 00: J5a CD cleaacopy". Thcrcarethrceeopiesthem. '.] MR.NEMF.ROFF: Oh,lhercare' I'm E_ sorry. l'herewcgo. Pit Give,tibackyours. La '.3 me go ahead and mark as No. 8 safety-C4 MR. EPPS: Do you mind if] intarvpt 00:24:0t C`_ when l du that'' Page 23 1 MR. NEMEROFF: Nu, please I didn't 2 realize there were three topics, and I dill want m 3 mark his only copy. 4 (EXHIBIT NO. 8 MARKED.) 00:24:16 5 MR. NEMEROFF: Ihave narked as 6 Exhibit No. 8 a safely dam shat for mHirmt,. and extra copies of that. 22 MR. NEMEROFF: Yeah. I don't want to 23 pm this-24 THEWITNESS: Wecansharethemmda 00:25:19 25 Q. Can I put these up top here Pagc 24 1 A. Yeah. We can share them loch, 2 (EXHORTI NO.9 MARKED.) 3 Q. Exhibit Nu. V is a group of GquiJ kb'rcnch 4 colurphotugmphs. 00:25:26 5 A. It's of the same cam. and it's called ran 6 15. 7 Q. Can 15. and did end lake these pictures. 8 sir, 9 A. No. 0:25A D D 10 Q. And Im Exhibit No. 10 we' going m mark 11 Thee color photographs. and this is 12 A. Thais the spray version. 13 Q. .. the spray version of Liquid Wrench, and 14 the title ofnhis one says never has mltinole, 0025:5415 whereas Exhibit 9 some, that it is mlTimm 16 containing. 17 [EXI IWIT NO. 10 MARKED.) 1B A. Olen. And Out there's a document from 19 1961 111s a repot from Foster Sne1k Incorporated 00:26:16 20 to Radiator Speoialn', and it's a dvw1ipfmn of the 21 toxicology study. 22 MR.NEMEROFF: 1ke'llgoabeadandmark 23 that as Exhibit No. ll. 24 (EXHIBIT NO. 11 MARKED I 00:26:3525 Q. Anyotherilems.' Page 25 1 A. T6em's an hrm also deeribing work done _ by Futter Snell, Inrorpnraled. doled Uetober l5, 17 list as No. 14. 18 (EXHIBIT NO. I4MARKFD-) 19 Q. And whose produces are l wsc' 00:21:14 20 A. Radiator Specially. 21 . Q. Okay, Radiator Specialty 22 A. And,m.melr!oudidnotwantwmxpaper 23 with reaped to my CV. You're going 10 take sae of 24 the lad ones that you have in the Rrm' 00:2:2[ 25 Q. You know what, Vmjusi going togo ahwd Henjuln Goucher Reporting Services L.P. 1-888-656-DEPO DENNTS PAUSTENBACH B (Pages 26 to 29) Page 26 Page 28 1 and mark it just for complexness, and then we'll cell meaWut. 2 mark mite CV as 15. A. For your purposes l think the answer is 3 (EXHIBIT ND. IS MARKED.) so, but technically my firm, People that 1've, 4 Q. See, ifwc keep track nl' your photographs, companies that I've worked for o'er the last 20 00:28: 39 5 we Can see whether or not you are continuing to son ....... years, have done work for E.S. Steel. In other 6 the same one over the course ofyour rawer' words, the, might have been Intonations waste site, o 7 A. You can gives ...... ssociate a11raeli,1 - things like that. 8 changes as well. Su forsake of completeness the firm has 9 Q. Absolutely. We morph the pictures to sec done work. Personally I don't recall rote inAlog 00:28:52 10 what you'd look like later as well as to what you l'S. Steel I. am intimate m,. 11 look like younger. Q. So edhcr E,poncnt in she pass or ChcmRisk 12 A. Yes. The thing is the firm ought to quit vlas.nay Love done work with ll 1. Sod. bra you 13 putting my head on other people's bodies. It's a Persuwll, ha,e nhul 14 problem. A. It would have been MCChtrvn Harr - 00:29:00 15 Q. I suffer the some fate at limes from my .....::( I' Q. MCClmcn Ibnt. 16 own friends, so 1 apologize. Is there any formal E A. - of about seven to 20 years ago. 17 retainer agreement that you've entered into with Q. Ekay. And with respect hh whphera daces 18 respect to your work for U.S. Steel in this Case. xaum No. I I which has m do pith any morns, rcpons. 19 like a written contract of any son? -. COnCSpOOdCllee.tll<telex, el cc'Itta. lhVID a2 00:29:19 20 A. Not beyond what you've seen. aomainWuiihin Exhibits4aod5,y rexWn 21 Q. Who was it that fired contacted you from rep ns in these cases; is that ComWm 22 U.S. Sleet? -- A. Right. 23 A. Do rou mean for Ihis Case? .. Q. Aredhereonydrulsotuheserepnnsliw 24 Q. Forthtscase,yes. you've o amutured'! 00:29:3225 A. Either Me- Dullard or Mr. Epps. A. No. Page 2% Page 29 1 Q. And for how long have you been doing work 1 Q- With respect to .- Ids talk about the 2 with U.S. Steel -- well, let me back up. Z Smblerreport lirsi, and that's En antho Nn 5, Is a 3 Approximately when -- you say January was 3 part -- well, 1 want to make wire. Pan 3 is 4 approximately when you wen, first corseted with 4 over Vew of opinions. and then pan 4 is your opinion 0029: 55 5 respect to your work in this case for U.S. Steel; is 00: 3320 5 and Inc basis. Is that what I understand this rcpnn 'i 6 Thal Correct? 6 W K? 7 A. ThaYStheearlieatrnntaet. 7 A. That's right. 8 Q. Nad you been working for 0.S. Sxel or 8 Q. And the pergraph. I'm Just Comparing. the 9 with U.S. Steel in other capacities prior or January 9 paragraph that you've written here as No. l is also out: 30: 0 of this year? 00332510 the same as what's up No. I bean. 11 A. Yes. 11 A. Correct. 12 Q. And can you tell me the general namm of 12 Q. Thars what threw me for a modem. With 13 the work that you were doing for U.S. Steel prior to 13 respect to Mr. Stubbs, do you know what injure or 14 January of this year? 14 disease he suRered tmen' 00:30: 18 15 A. They asked nle rut crust thrm m 00335015 A. Yes. 16 understanding the health heard posed by samnat 16 Q. And what was that? 17 and as it was uwd in Liquid Wrrnch. 17 A. He was diagnosed with non-l lodgkin's 18 Q. Beyond the ra0inale assessment for U S. l8 lymphoma. 19 Steel, Ihdve you been engaged or mooned by U S. 19 Q. And do you ha.x an opinion as to wbelha 00: 30: 40 20 Steel W perfomt any other work on any other topics 00:34 :08 20 or rat that non-Hodgkin's lymphoma was emsed in 21 todam? 21 or in pan by exposure to bcnze.0 22 A. You mean forever? 22 MR. EPPS: You know, you ventured off 23 Q. Yes, foranyffimg. And I'll he mindful if 23 into an area that you probably should not have 24 there's any consulting expert privilege, and l don't 24 ,counted because you've ppanedalotofdoors. I 00:30:5925 want to go down that mad, bad in be extent you can 00:34:2225 mean il's up to you. Henjum Goucher Reporting 1-888-656-DEPO Services L.P. DENNIS PAOSTENBACH 9 (Pages 30 to 33) Page 30 Page 32 1 MR. NFMLROFF'. Well, pan el - well, 1 and testified that he is not at this moment behat us 2 hen's what I'm sun lit'helwixl and between. 2 or giving opinions about Union Carbirb 3 MR. Lilts, Sam 3 MR. NEMEROFF: Iunderstand. And if 4 MR, NEMEROFF: If be has an ophunt 4 you tell me you are withdrawing your designation of 00: 34: 36 5 about but that hasn't been disclosed in a report and 00:36: 55 5 Dr. Paustenbach as a wimess in this case. then I'm 6 he's not going to testify a bout that, and you call 2 satisfied with that. I him mtnal. that's one thing. Ifthejndge I MR. EPPS: Can l talk with Dr. B determines that I was sitting here, should have asked 8 Paustenbach for a second? 9 him questions about his exposure opinions and you 9 MR.NEMEROFF: Sam W"miongto 00:34:52 10 guysarc gone or someone else tenders him as an 00:3"1:0510 go off the record for a momem. 11 expert and we've not asked him any questime, about 11 (Discussion off the record -I 12 that. then I'm on the wrong side of that decision. 12 MR. EPPS: To my knowledge, nobody 13 Do yen see where I'm sort of -13 else has engaged Dr. Pausenbach other than United 14 MR EPPS: Right. 14 Slates Slcel Corporation as a consultant or an expert 00:35:0415 MR. NEMEROFF Becaux,ondl'lltell 00:39:1015 in this case. Now, the disclosure Nalwe have 16 you why l say that. In the disclosures, and l hate corporation. Now, we do not intend to offer Dr. 24 has listed him as somebody who may testily, as to 24 Paustenbach as a medical causation expert from a 00:35:3125 causation issues. Radial or Specialty has listed him 00:39:4325 toxicological or industrial hygiene sundpuim. Page 31 Page 33 1 as somennc who may testify regarding issues of 1 l here is a comment in the Wilkinson report in one of ? sauna m, BP Amoco Chemical, Dr. Paua,uhumb may 2 bis aeclums that talks shout peuelcon workers in 3 testify as to issues of causation. ILS. Steel, may i general and non-Hodgkin's in Wilkinson. but in Stubbs 4 testily as m issues as to causation. This is what 4 in particular I think it you'll look al his mpoM 00:4::04 5 those will be the. Ianmdiums of what he will testify 00:36:00 5 my concem is. 6 MR. EPPS: Yeah. I.el me see Ne 6 to in that "se. 1 iftbe miler defendants were to ask Now .1 last , 8 MR. NEMEROFF: Tittles (he ll. S. Steel 8 him a question that exceeded the boundaries for which 9 I can't control that, but I rill tell I, Fs mourned 9 00:36:0410 one. MR. EPPS'Yeah . 00:40:2010 , you that he box not stood in. nor is he prepared to 11 MS. RIFGIF I'm going to object to 11 I gify in the Stubbs case in particular about 12 your side barabom limo. Carbide He's already lp anything caber than what's listed in that report. 13 temiged that we did not hire him. He'snotgiving 13 MR. NEM EROfF: And l apprecime Nat. 14 opinions as m oor -14 1 guess you can also see my concern -- he's only II. S. Steel's witness and nobody else is 22 listing him as a Potential exiled, even though U. 23 calling him, ibms tine. 23 Paustenbach appercntly doesn't know that hies been 24 MS. RIEGLE: That's not what l'm 24 listed as their expert which, you know, as veterans 00:36:41 25 saying, but 1 am saying that he's already sat here 00:41 :09 25 all of mass tort litigation Nis is not unusual. Henjum Goucher Reportiny Services L,P. 1-8BB-656-DEPO DENNIS PAUSTENBACH 10 (Pages 34 to 37) Page 34 Page 36 1 That being said, I need to make sure that 1 don't 1 offering opinions about the non-Liquid V, reach 2 Lave to worry about these folks calling him. .. specllic repeals of Pens's onml, about the liquid 3 MR. EPPS: Ile has not in this case 3 % onchspccilic return.' 4 done any assessment on behalf of Exxon, Union 4 A. Polonh going tuaddress Liquid NAmack. On: 41.24 5 Carbide. Radiator Specialty Company, Shell or any of 00:43:35 5 Q. Okay. 6 the other defendants. 6 MR.NI-.MEROI'F'. som,timvsnarron ing the 1 MR. NFMFROFF' Faircnough. Andl'll I issue takes mare time than acmalh discussing the 8 probably-- let me close, see if l can close this 8 issue 9 doora little bit tonic to my satisfaction with this. 9 MR. EPPS: Son, rcah. 00:41:3810 Q. DrPausleobach,asynusitheremday,du 00:43:4410 A. Inlhisasenrl. 11 you intend to offer opinions to address the exposure 11 Q. And lappmcimeyour paticnec and working 12 but I chink you can understand where with me on this 12 assessment , 13 MR. AUBRY: Exerwine. Amwehaekon 13 the contusion comes when i,',. big case. and 14 the record? 14 apparently' Or Pau.rebarh tin the rirst time in my 00:41:5115 MR. NEMEROFF: Yes. 00:43:5815 experience is mxdiy going to he l imiid m a other MR. EPPS: There arc three reports. 23 MR. AUBRY. You knmq l think - this 24 MR. NEMEROFF: There's the two plus 24 is Tom Aube, with Radiator, and Radiator has made 00:42:1125 ate supplemental'. 00:442225 certain d.,rallums, and we are an alitlowing any Page 35 Page 37 1 MR. EPPS: Yes. 1 orihowdeagninimmattho time. 2 Q. Andfree slrecirically-2 MR. NEMEROFF: WelLeounwLlgues 3 MR. At IRRP: Actually I think there are 3 the question is, is Dr- Paustenbach in your mind a 4 rive reports, are dir. not'. 4 Radialor Specialty expert! - 00:42:33 5 MR. NFMLROFF: For Petry's? 00:44:34 5 MR. AUBRY: Itdoesotmato-. Thafs 6 MR. AUBRY: Yes. 6 irrelevant. 'I MR. NEMEROFF: Ihaye are for 7 MR. NEMEROFF: WOLxeleally its 8 Wilkinson and then two For Stubbs. 8 not, because if he's your witness, then I'll ask 9 MS.RIEGLE: linre'slwofor 9 questions about Radiator Specialty specific to you 00:424210 Wilkinson. 00:44:4310 guys. Ifnot,domi'mgoingtospendenytime 11 MR. EPPS: We have a Liquid Wrench 11 talking about Liquid Wrench and U.S. Steel and th 12 specific asacssmem from Petry in Wilkinson. 12 mfnalis that he's talking about. 13 MR. NEMEROFF: Okay. 13 MR. AUBRY: I think the taxed is 14 MR. EPPS: And that's the report dial 14 pretty clear that I have designated Dc Patmwnlwch 00:4252 15 mlbal you have". You have the Liquid Wrench one. 22 legal conclusion. 23 EPPS: I think ifym move through MR 23 A. I do. . 24 Q. All right. Ba to me be more specific. 24 the testimony, you'll be able ro see wherethe lines 00:43:1425 With respect to your opinions in this case, arc you 00:45:1325 arc drawn. Henjum Goucher Reporting Services L.P. 1-888-656-DEPO DENNIS PAUSTENBACH 11 (Pages 38 to 41) Page 38 Page 40 1 Q. Okay. I'm looking rmw al -- is this your 1 MR. NEMEROFF I understand. 2 most recenl disclosure: do you know? MR. EPPS'. Hell discuss the basis fur 3 MR. EPPS: It is, but it's been - Thal line of his opinions. 4 modif d by his rc ort MR. NEMEROIT Sure. 00:45:26 5 MR. NEMEROFF: Okay. I'm going to go L.. ~. ,-.. - MR. EPPS: But the report aseil' tells 6 ahead and mark as Exhibit No. 16, 1 think that's w t you the mpic and the foundation Oflus Opinions. 7 Pon up to, as defendant U.S. Stec] Cotpoations MR. NEMEROFF: Certainly. 8 first supplerncnial disclosure in the consolidated Q. And you'd agree with me, Dr. Paustenbach, 9 ,mnrel of Wilkinson and Stubbs against Radiator that in neither of your reports, either in Wilkinson 00:45:4010 Specialty Company. rt al i:4c:O' _D or Stubbs, have you opined that benzenewas nora 11 (EXHIBIT NO. I6 MARKED.) 11 cause ofdhe resp.dive gentlemen's eisease; is shat 12 MR. EPPS: That's not really the most correct? 13 record. The renal nr:ent -A. That's tom. I did not ORrr Opinions to 14 A. What's the dale' that area. DO:45: 44 15 Q. The d.n, coi his one is -- it appearsw 3: 1[ .16 1 S Q- Okay. And with respect t....... pons, 16 be dated May Sth, 2006? 16 you did not opine that benzene, whether in the Liquid 17 24 line. I know you need to protect yourself. 14 Q. Okay. 00:46:1825 Q. Well, what l want 10let me go through CC OtF: S: 2_ A. That's the last opinion on Wilkinson. Page 39 Paqe 41 1 Nis, and I think this will help me win, respect m 1 Q. Okay- So with respect to the. that's 2 Ne report. and I've looked al the general 2 opinion No. 4, sub 4 in Wilkinson, your opinion is 3 conclusions of your report. Dr. Paustenbach, it 3 that the presence ofother compounds such as toluen 4 states with in the disclosure that you may testily 4 mrhe,allinne used in Liquid Wrench would have 00:46:42 5 regarding benzene and other chemicals or products 00:49:33 5 decreased the toxic effects of herrene in the 6 which maybe alleged w be relevant in his Fine, the 6 rallinme by inhibiting ore m rsholiam ofbereene. 7 diseases which have been ax.Fia" with uzpovmto 1 Is thal what yore talking about? 8 Nose chemicals as well .,.he levels mod duration of 8 A. Right. I wasjusf doling with 9 exposure which have been associated with those 9 Dr. Infante's concerns that maybe the mixture 0046:5810 diseases. 00:49:4510 enhanced the toxicity of benzene. 11 Subject to the limitations in your repeat 11 Q. And you don't agree that i1 does. 12 or subject to your report itself, do you intend to 12 A. Thai's true. At there doses 1 would not 13 other any opinions in addition to what's in your 13 expect it. Even at higher doses 1 wouldn't expect 14 report with respect 10 that topic? 14 it. 00:49:1215 A. No. 00:49:5915 Q. Dr. Paustenbach, have you performed any 16