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`NYSCEF DOC. NO. 433
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`INDEX NO. 190139/2015
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`RECEIVED NYSCEF: 09/08/2017
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`Exhibit G
`
`

`

`INDEX NO. 190139/2015
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`FILED: NEW YORK COUNTY CLERK 09m20'17 03:48 PM '
`INDEX NO~ 190139/2015
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`NYSCEF DOC. NO. 433
`RaCaIVaD NYSCEF: 09/08/2017
`NYSCEF DOC. NO. 433
`RECEIVED NYSCEF: 09/08/2017
`
`MCGIVN EY, KLUGER 84 COOK, PC.
`
`A COMMITMENT TO EXCELLENCE
`
`80 BROAD STREET, 23RD FLOOR
`NEW YORK, NEW YORK 10004
`(212) 509—3456 —— TELEPHONE
`(212) 509-4420 — FACSIMILE
`www.mkclaw.us.com
`
`July 20, 2017
`
`VIA REGULAR MAIL
`
`Joseph P. Williams & Associates
`245 Park Avenue
`
`New York, NY 10167
`
`Attorneys for Plaintiff
`
`Re:
`
`New York County Asbestos Litigation
`ALL JOSEPH P. WILLIAMS & ASSOCIATES OCTOBER 2015 IN
`EXTREMIS CLUSTER CASES
`
`Dear Sir/Madam:
`
`serve
`hereby
`the Defendant, PECORA CORPORATION we
`On behalf Of
`DEFENDANT’S EXHIBIT LISTS, SUPPLEMENTAL EXPERT WITNESS LISTS FACT
`WITNESS LISTS. The above-mentioned defendant
`reserves the right
`tO amend and/or
`supplement the above.
`
`Should any defense counsel desire any Of the above documents, please contact the
`undersigned.
`
`McGIVNEY, KLUGER & COOK, P.C.
`
`
`
`By:
`
`Erin N. Miter, Esq
`
`/aj
`/ EnclOsures
`
`BUFFALO, NY
`(716) 626-3583
`
`FLORHAM PARK, NJ
`(973) 822-1 1 10
`
`FT LAUDERDALE, FL
`(954) 8483681
`
`HARTFORD, CT
`(860) 404-3000
`
`Los ANGELES, CA
`(213) 533-4165
`
`NEW YORK, NY
`(212)509-3456
`
`PHILADELPHIA, PA
`(215) 557-1990
`
`SAINT LOUIS, MO
`(314) 571-4332
`
`SPARTA, NJ
`(973) 726-4958
`
`SYRACUSE, NY
`(315) 473—9648
`
`WILMINGTON, DE
`(302) 656-1200
`
`{N0634347-1}
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX N0. 190139/2015
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`
`
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`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`____________________________________________________________X
`
`IN RE: NEW YORK COUNTY
`
`ASBESTOS LITIGATION
`______________________________________________________________X
`
`NYCAL
`
`I.A.S. Part 30
`
`ALL JOSEPH P. WILLIAMS & ASSOCIATES
`OCTOBER 2015 IN EXTREMIS CLUSTER
`
`CASES In Which Pecora Corporation is a
`Defendant.
`------------------------------------------------------------x
`
`Index No.: 40000/88
`
`EXHIBIT, FACT WITNESS AND
`SUPPLEMENTAL EXPERT WITNESS
`LISTS OF DEFENDANT PECORA
`CORPORATION
`
`PRELIMINARY STATEMENT
`
`Comes now the Defendant, Pecora Corporation, and tenders its Preliminary Witness and
`
`Exhibit List in the above-captioned cause of action. All of the witnesses and exhibits listed
`
`herein are identified for potential use at trial on behalf of the Defendant Pecora Corporation in
`
`any manner authorized and permitted under New York Law. The fact that some exhibits or
`
`witnesses may also be identified by Plaintiff does not in any way provide agreement, consent or
`
`waiver by Defendant as to the requirement that Plaintiff establish relevancy, authenticity and
`
`admissibility at trial of any exhibit or witness, nor does it indicate an intent of the Defendant to
`
`introduce these exhibits or witnesses into evidence, as they may or may not be offered.
`
`If permitted by the Court, Defendant Pecora Corporation expressly incorporates by
`
`reference any exhibit and witness list filed by any other party to this action, including those
`
`exhibit and witness lists filed by any Defendant who may not ultimately appear and defend
`
`against Plaintiff‘s action on the merits during the course of the trial.
`
`Defendant Pecora Corporation additionally reserves the right to add orsupplement these .
`
`,
`
`lists upon reasonable notice to Plaintiff.
`
`{N0634347-1}
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
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`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
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`INDEX NO. 190139/2015
`'INDEX NO~ 190139/2015
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`
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`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`EXHIBITS
`
`All exhibits listed by any party to this action.
`
`All responses to discovery by any and all parties to this action.
`
`The Verified Initial Disclosure Statements of all parties to this action.
`
`Plaintiffs Complaint.
`
`Social Security print—out of plaintiff/decedent.
`
`All medical records from hospitals, doctors, or any other health care providers to
`Plaintiff/decedent.
`
`All x-rays, CAT scans, and MRI's of Plaintiff/decedent.
`
`Employment and business records from any and all employers of Plaintiff/decedent.
`
`All federal income tax returns of Plaintiff/decedent.
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`All W-2 forms and withholding statements of Plaintiff/decedent.
`
`11.
`
`Business records of any labor union of which Plaintiff/decedent was a member.
`
`12.
`
`Tissue slides.
`
`13.
`
`Other exhibits that may be discovered in the course of continuing investigation and
`discovery in this cause.
`
`14.
`
`Invoices and sales information for Pecora Corporation which Plaintiff proves exposure.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`Product literature, catalogs or other descriptive materials of products which Plaintiff
`proves exposure.
`
`Pecora Corporation's warnings with respect
`exposure.
`
`to products to which Plaintiff proves
`
`Safety precautions and warnings used by Pecora Corporation with respect to their product
`which Plaintiff proves exposure.
`
`MSDS for Pecora furnace cement.
`
`Answers to discovery with attachments thereto in George Blattner, Jr., et a]. v. Pecora, et
`al., Montgomery County, Penn. Court of Common Pleas, No. 89—02683.
`
`{N0634347-1}
`
`IQ
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
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`INDEX NO. 190139/2015
`INDEX N0. 190139/2015
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`
`
`
`
`
`RaCaIVaD uYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`20.
`
`Photographs of any product to which plaintiff was exposed.
`
`21.
`
`22.
`
`schematics, blueprints
`Any maps, drawings,
`plaintiff/decedent worked.
`
`for any worksite or
`
`facility which
`
`schematics, blueprints
`Any maps, drawings,
`plaintiff/decedent allegedly worked.
`
`for
`
`any equipment upon which
`
`23.
`
`Any and all records produced by the premises owners of plaintiff” s/decedent’s jobsite(s).
`
`24.
`
`Any and all records regarding work performed at plaintiff/decedent’s jobsites.
`
`25.
`
`Any and all records regarding equipment and products at plaintiff/decedent’s jobsitcs.
`
`26.
`
`Any witness deposition taken in this matter.
`
`27.
`
`Any exhibit to any witness deposition taken in this matter.
`
`28.
`
`Occupational Safety and Health Act (29 U.S.C. Sections 651 et seq.)
`
`29.
`
`30.
`
`31.
`
`32.
`
`Occupational Safety and Health Act, 29 CPR. 1926.55 OSHA Safety and Health
`Regulations for Construction; Gases Vapors, Fumes, Dusts and Mists, May 29, 1971,
`amended May 28, 1975.
`
`OSHA Occupational Exposure to Asbestos, Notice of Proposed Rulemaking, Federal
`Register, October 9, 1975.
`
`29 C.F.R 1910.1001 OSHA Safety and Health Regulations for General
`Asbestos, June 27, 1974, amended March 19, 1976.
`
`Industry;
`
`for Airborne Contaminants Adopted by the American
`Threshold Limit Values
`Conference of Governmental Industrial Hygienists from 1946 through 1968.
`
`33.
`
`ACGIH Threshold Limit Values of Airborne Contaminants, 1969.
`
`34.
`
`35.
`
`36.
`
`Threshold Limit Values of Airborne Contaminants and Intended Changes adopted by the
`ACGIH for 1970.
`
`Threshold Limit Values of Airborne Contaminants in Physical Agents adopted by the
`ACGIH for 1971.
`
`Product literature, catalogs or other descriptive materials of products which Plaintiff
`proves exposure.
`
`37.
`
`Plaintiffs/decedent’s personal calendars.
`
`{N0634347-1}
`
`DJ
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 103:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
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`INDEX NO. 190139/2015
`'
`INDEX N0. 190139/2015
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`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`38.
`
`39.
`
`Any documents tending to prove plaintiff’ s/decedent’s career exposure to asbestos.
`
`Any statement(s) made by plaintiff/decedent at any time.
`
`40.
`
`Any photographs of plaintiff s/decedent’s worksites.
`
`41.
`
`42.
`
`43.
`
`44.
`
`Photographs of equipment plaintiff/decedent allegedly worked on at his jobsites.
`
`Any and all documents pertaining to claims made for exposure to asbestos, including but
`not limited to, the Johns-Manville Claims Resolution Center.
`
`Medical and scientific literature and reported studies regarding exposure to asbestos in
`various industries.
`
`Any and all records regarding plaintiff s/decedent’s service in the US. Armed Services,
`including records of ships, repairs to ships and exposure to asbestos (if applicable).
`
`45.
`
`The Health Consequences of Smoking (1977-1978)
`
`46.
`
`47.
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
`
`Smoking and Health: A Report of the Surgeon General (1979)
`
`The Health Consequences of Smoking for Women: A Report of the Surgeon General
`(1980)
`
`The Health Consequences of Smoking - The Changing Cigarette: A Report of the
`Surgeon General (1981)
`
`The Health Consequences of Smoking — Cancer: A Report of the Surgeon General (1982)
`
`The Health Consequences of Smoking - Cardiovascular Disease: A Report of the Surgeon
`General (1983)
`
`Summary of the Health Consequences of Smoking — Chronic Obstructive Lung Disease:
`A Report of the Surgeon General (1984)
`
`The Health Consequences of Smoking - Chronic Obstructive Lung Disease: A Report of
`the Surgeon General (1984)
`
`The Health Consequences of Smoking - Cancer and Chronic Lung Disease in the
`Workplace: A Report of the Surgeon General (1985)
`
`54.
`
`9' Smoking and Healtth National Status Report: A Report to Congress (1986)
`
`55.
`
`The Health Consequences of Involuntary Smoking: A Report of the Surgeon General
`(1986)
`
`56.
`
`The Health Consequences of Using Smokeless Tobacco (1986)
`
`{N0634347-l}
`
`4
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILEDr NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
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`INDEX NO. 190139/2015
`INDEX N0. 190139/2015
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`
`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
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`57.
`
`58.
`
`59.
`
`The Health Consequences of Smoking — Nicotine Addiction: A Report of the Surgeon
`General (198 8)
`
`Reducing the Health Consequences of Smoking - 25 Years of Progress: A Report of the
`Surgeon General (1989)
`
`Reducing the Health Consequences of Smoking: 25 Years of Progress: A Report of the
`Surgeon General: 1989 Executive Summary (1989)
`
`60.
`
`The Health Benefits of Smoking Cessation: A Report of the Surgeon General (1990)
`
`61.
`
`Smoking and Health in the Americas: A Report of the Surgeon General (1992)
`
`62.
`
`Preventing Tobacco Use Among Young People: A Report of the Surgeon General
`
`63.
`
`Surgeon General's Report for Kids about Smoking (1994)
`
`64.
`
`Tobacco Use Among US. Racial/Ethnic Minority Groups: A Report of the Surgeon
`General (1 998)
`
`65.
`
`Reducing Tobacco Use: A Report of the Surgeon General (2000)
`
`66. Women and Smoking: A Report of the Surgeon General (2001)
`
`67.
`
`The Health Consequences of Smoking: A Report of the Surgeon General (2004)
`
`68.
`
`69.
`
`70.
`
`71.
`
`The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the
`Surgeon General (2006)
`
`How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking—
`Attributable Disease: A Report of the Surgeon General (2010)
`
`Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon
`General (2012)
`
`The Health Consequences of Smoking—~50 Years of Progress: A Report of the Surgeon
`General (2014)
`
`Further Defendants reserve the right to submit additional exhibits for the purpose of
`
`rebuttal or impeachment.
`
`_.
`
`.
`
`.
`
`FACT WITNESSES
`
`1.
`
`2.
`
`Any witness listed or to be listed by the Plaintiff or any other party.
`
`Treating or examining physicians of Plaintiff/decedent as determined through discovery.
`
`{N0634347-1}
`
`5
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
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`INDEX NO. 190139/2015
`INDEX NO~ 190139/2015
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`
`
`
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`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
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`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`Any former and/or present employees of Pecora Corp.
`
`Expert witnesses listed by each co—defendant in this cause of action.
`
`Plaintiff.
`
`Any relative of the Plaintiff/decedent.
`
`Any and all co-workers of Plaintiff/decedent.
`
`Any witness deposed in this matter.
`
`Any and all of Plaintiff/decedent's supervisors, record custodians, purchasing agents,
`safety personnel and union stewards and officers.
`
`Any and all records custodians for the medical, employment and union records of
`Plaintiff/decedent.
`
`Any records custodian for any defendant or any non~party named in this case.
`
`Any Person Most Knowledgeable or TR. 30(B)6) witness for any non-party named in
`this case.
`
`13.
`
`Any witnesses identified by any other party herein.
`
`14. Witnesses for the purpose of rebuttal or impeachment.
`
`This Defendant reserves the right to add additional witnesses to this list disclosed as a
`
`result of additional discovery.
`
`EXPERT WITNESSES
`
`1.
`
`Howard E. Ayer, MD.
`Department of Environmental Health
`College of Medicine
`Kettering Laboratory (056)
`University of Cincinnati
`Cincinnati, Ohio 45267
`
`ProfessorAyer is a Professor...Erneritus of environmental Health at the University of
`Cincinnati. Professor Ayer may testify concerning the state of the scientific and medical art,
`industrial hygiene, threshold limit values, product testing, emissions, development of knowledge
`regarding asbestos exposure, product warnings, dust counting equipment and techniques, and/or
`documentary testimony relevant to the defense of Plaintiffs’ claims. Professor Ayer may also
`testify concerning the levels of asbestos dust Plaintiffs may have been exposed to, based on
`
`{N0634347—1}
`
`6
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM '
`
`NYSCEF DOC. NO. 433
`, NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX N0.
`'190139/2015
`
`
`
`
`
`
`RECEIVED NYSCEF: 09/08/2017
`RaCaIVaD VYSCEF: 09/08/2017
`
`review of available work place documents, Plaintiffs’ employment records and testimony, co-
`worker testimony, industrial hygiene surveys of work sites, and/or hypothetical facts presented at
`the time of the trial.
`
`Professor Ayer may testify in response to opinions by Plaintiffs” experts and/or fact
`witnesses that pertain to his specialty.
`
`2.
`
`LeRoy Balzer, PhD.
`408 Horse Trial Court
`
`Alamo, California 94507
`
`Dr. Balzer is a certified industrial hygienist. He may give testimony regarding the past
`and present OSHA standards as they relate to permissible levels of asbestos exposure and
`warnings on products, re—entrainment and drift theories of asbestos exposure. He may testify
`about epidemiology, the role of ACGIH in development of threshold limit values, evolution of
`TLV for asbestos dust, dust counting methods from the 1930's to the present time, dust levels
`emitted from the use of asbestos-containing products; the relationship between various levels of
`asbestos exposure and the development of asbestos—related disease, the threshold limit value and
`the standard of five million particles per cubic foot which was accepted by the ACGIH and other
`organizations and health professionals;
`the development of knowledge concerning dust
`concentration and the causal relationship between that and asbestos-related disease as well as the
`development of knowledge concerning the risk of asbestos disease among various types of
`workers; the development of regulations and standards concerning dust levels and the handling
`of asbestos—containing products by governmental entities; the products that either met or did not
`meet those specifications; the utility of asbestos-containing materials; and related issues. Dr.
`Balzer may testify concerning defendant and state of the art information about products and
`services related to the allegations against defendant in this case.
`
`3.
`
`Peter Barrett, MD.
`10 Martins Lane
`
`Hingham, Massachusetts 02043
`
`Dr. Barrett is a Clinical Professor of Radiology at Tufts Medical School. Dr. Barrett is
`being offered as an expert in radiology,
`in the interpretation of x-rays and CT scans, and
`radiographic abnormalities consistent with the diagnosis of asbestosis and asbestos-related
`pleural changes. He is a board certified radiologist and a certified NIOSH B-reader. Dr. Barrett
`may testify about
`the radiological assessment of an individual with alleged occupational
`exposure to asbestos. Dr. Barrett may testify about how x—rays are taken, how x-rays are
`interpreted,
`the quality of x—rays,
`the effects of x—ray quality on interpretation, and the
`significance of radiological findings on x-rays. Furthermore, Dr. Barrett may testify about how
`CATscans are taken, how CAT scans are interpreted, the quality of CAT scans, the effectof the
`CAT scan quality on interpretation, and the significance of radiology findings on CAT scans. He
`may also testify about the problems encountered in the interpretation of x-rays and CAT scans.
`
`Dr. Barrett may also testify about the ILO classification for chest x-rays and the NIOSH
`B-reader certification program. In addition, he may testify about the appropriate diagnostic
`
`{N0634347—1}
`
`7
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX NO~ ”0139/2015
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
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`standards to evaluate whether radiologic evidence exists of asbestos-related injuries, conditions
`and/or diseases, including asbestosis, pleural plaques, and diffuse pleural thickening as defined
`by the ILO classification system.
`
`Dr. Barrett may also testify about the accuracy of x-rays and CAT scans in diagnosing
`asbestos-related injuries, conditions and/or diseases,
`including but not limited to asbestosis,
`pleural plaques, and diffuse pleural thickening.
`
`4.
`
`Lawrence W. Birkner
`
`McIntyre, Birkner & Associates, Inc.
`2026 El Monte Drive
`
`Thousand Oaks, CA 91362-1822
`Phone: 805-494—8173
`
`Mr. Birkner is an experienced certified industrial hygienist with extensive background in
`the prevention of adverse health effects and injuries in the workplace by evaluating the
`workplace for potential hazards with regard to work practices and workplace design; measuring
`and evaluating various substances to assess exposure, exposure potential and health and safety
`risks; and controlling the occupational setting with engineering, work practice, administrative,
`and personal protective equipment methods. Mr. Birkner may testify as to the state of the art with
`respect to asbestos in the field of industrial hygiene, and in particular the evolution of knowledge
`regarding the effects of asbestos exposure and its control during the period relevant to this case.
`He may also testify as to the development and utility of methodologies identifying and
`measuring asbestos in air, dust and products, and the process of setting threshold limit values
`(“TLVS”) and other levels for asbestos exposure. He may also testify regarding the evolution of
`various standards for exposure to asbestos,
`including Threshold Limit Values and OSHA
`Permissible Exposure Limits.
`
`Mr. Birkner may discuss the relationship between scientific knowledge and the
`development of public policy and the standards relating to asbestos exposure, and all aspects of
`government regulation of asbestos exposure. Mr. Birkner may discuss historic literature
`regarding asbestos exposure and its health consequences, and recommended methods for
`controlling those consequences. Mr. Birkner may discuss the conditions and circumstances
`necessary to give rise to asbestos-related disease, as reflected in the historic literature, including
`the nature of the exposure, fiber type involved, duration of exposure, intensity of exposure and
`job categories. He may also testify industrial hygiene relating to asbestos, including, but not
`limited to asbestos containing products used in manufacturing facilities, construction sites, and
`assessment of risk of exposure under various circumstances. Mr. Birkner may also testify about
`the development of knowledge regarding the dose-response relationship between exposure to
`asbestos and disease, and other related matters
`
`the development of the internal knowledge of
`Mr. Birkner may also testify about
`defendant regarding exposure to asbestos, including but not limited to what was known and
`knowable regarding the health effects of exposure to asbestos, the knowledge available to the
`industry and the advice being given by industrial hygienists in the field, potential risks of
`
`{NO634347-l}
`
`8
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX NO~ 190139/2015
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`
`
`exposure to asbestos, how to address those risks in various occupational settings, and finally the
`development of information regarding finished products and their application in field settings.
`
`Mr. Birkner may comment about testing done by or on behalf of the plaintiff, including
`critique and analysis of the sampling methods and analysis, protocols and scientific basis for the
`tests, and accuracy of the testing in reproducing field conditions.
`
`Mr. Birkner’s testimony will be based on his training, experience, education, review of
`the relevant medical and scientific literature, a review of various documents produced by the
`parties in discovery, and a review of deposition transcripts.
`
`5.
`
`Frederick William Boelter, C.I.H.
`
`Mr. Boelter is an industrial hygienist. He may give testimony regarding the level of fiber
`release, if any, from products in the occupational setting. He may testify regarding threshold
`limit values and permissible exposure levels as promulgated by private organizations and
`government agencies. He may testify as to issues involving re-entrainment and fiber drift. He
`may testify as to work practices regarding various types of occupations using products that
`contained asbestos. He may testify as to the applicability of the OSHA and EPA’s guidelines as
`they relate to various types of products. He may complete asbestos exposure assessments on
`individual Plaintiffs.
`
`6.
`
`Leonard Bristol, M.D.
`Hull Road
`
`Rainbow Lake, New York 12976
`
`Dr. Bristol is an expert in radiology, in the interpretation of x-rays, and radiographic
`abnormalities consistent with the diagnosis of asbestosis and asbestos-related pleural changes.
`He is a board certified radiologist and a former certified NIOSH B-reader. Dr. Bristol may testify
`about
`the radiological assessment of an individual with alleged occupational exposure to
`asbestos. Dr. Bristol may testify about how x—rays are taken, how x-rays are interpreted, the
`quality of x-rays,
`the effects of x—ray quality on interpretation, and the significance of
`radiological findings on x-rays. Furthermore, Dr. Bristol may testify about how CAT Scans are
`taken, how CAT Scans are interpreted, the quality of CAT Scans, the effect of the CAT Scan
`quality on interpretation, and the significance of radiological findings on CAT Scans. He may
`also testify about the problems encountered in the interpretation of x~rays and CAT Scans. Dr.
`Bristol may also testify about the lLO classification for chest x-rays and the NIOSH B reader
`certification program. In addition, he may testify about the appropriate diagnostic standards to
`evaluate whether radiologic evidence exists of asbestos-related injuries, conditions and/or
`diseases, including asbestosis, pleural plaques, and diffuse pleural thickening as defined by the
`-lLO classification system. Dr. Bristolmay also testify about the accuracy of x—rays, and CAT
`Scans in diagnosing asbestos-related injuries, conditions and/or diseases,
`including but not
`limited to asbestosis, pleural plaques, and diffuse pleural thickening.
`
`{N0634347-l}
`
`9
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX NO~ 190139/2015
`
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`7.
`
`Phillip Cagle, MD.
`6565 Fannin
`
`MS 205
`
`Houston, Texas 77030
`
`Dr. Cagle is a pulmonary pathologist. He may testify about the Plaintiffs’ medical
`condition based upon his review of medical records, including pathology materials, and the cause
`of Plaintiffs’ medical condition(s). His testimony will also include a discussion of asbestos and
`its effect on human health generally and Plaintiffs’ specifically, and the effect
`that other
`substances have on human health generally and Plaintiffs’ specifically. He may testify about
`asbestos related diseases, causes of cancer, and the effect of other substances, such as cigarette
`smoke, on the Plaintiff. Dr. Cagle may also testify regarding the medical condition of Plaintiff
`based on review of medical records, x~rays, Plaintiff” s experts’ reports and supplemental reports.
`
`8.
`
`Bruce Winston Case, M.D., M.Sc., D. Occup. Hygiene, F.R.C.P.(c)
`McGill University Department of Pathology
`3775 University Street, Room 203
`Montreal, Canada 143A2B4
`
`Dr. Case is a pathologist and epidemiologist at McGill University in Montreal, Canada.
`Following his residency in pathology at McGill University, he trained with Gram Gibbs in
`occupational hygiene, and worked as a postdoctoral fellow and instructor at the Mount Sinai
`School of Medicine, New York, from 1980-83. On his return to McGill he joined with Corbett
`and Alison McDonald and Patrick Sebastien in the Dust Disease Research Unit: the focus of this
`
`group was the epidemiological study of disease related to mineral fiber exposure using lung—
`retained fiber in exposure assessment. In 1986, he received the National Health Scholarship of
`NHRDP (Canada) for his work in the field. In 1988, he moved to the University of Pittsburgh,
`where he succeeded Dr. Philip Enterline as director of the U.S.E.P.A. Center for environmental
`Epidemiology. He returned to McGill in 1992 and continues to research, teach, and perform
`clinical work there in pathology, epidemiology, and occupational health at the McGill School of
`Environment. Dr. Case has participated in and given lectures to workshops for many national and
`international agencies and professional societies on the subject of the exposure assessment and
`health effects of mineral fibers, including NIOSH, the Environmental Protection Agency, the
`International Agency for Research on Cancer (IARC),
`the International Commission on
`Occupational Health (ICOH), the British Occupational Hygiene Society, the American Thoracic
`Society, an the Dollegium Ramazzini. His research on asbestos exposure and disease has been
`funded by American and Canadian public agencies including EPA, MRC (Canada), and NHRDP
`(Canada).
`
`Dr. Case may be offered to testify as to medical causation issues, the epidemiology of
`, -asbestos~related diseases and the stateofthe art related thereto. He may be offered to testify as
`an expert on medical causation and epidemiology issues based on his education, training, and
`experience and his knowledge of asbestos-related diseases as described above.
`
`{N0634347-1}
`
`10
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILED: NEW YORK COUNTY CLERK 09m2017' 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX N0. 190139/2015
`
`
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`9.
`
`Andrew Churg, MD. Ph.D.
`Department of Laboratory Medicine
`University Hospital
`2211 Wesbrook Hall
`
`Vancouver, British Columbia V6T 285
`
`Dr. Churg is a board certified pathologist who may give testimony regarding the
`pathological diagnosis of the medical condition of plaintiff/decedent. He will further testify as to
`whether plaintiff/decedent had a condition or illness that was caused by asbestos exposure. He
`may also testify as to the latency period related to asbestos-related diseases and the carcinogenic
`properties of different types of asbestos fibers. Dr. Churg may also testify in general about
`asbestos—related diseases and the effects of exposure to asbestos upon persons in occupational
`settings, including the epidemiology of asbestos-related diseases and the criteria for diagnosing
`an asbestos-related disease. Dr. Churg may also testify regarding the existence or non—existence
`of any asbestos—related disease in plaintiff/decedent. He may further testify whether any
`asbestos—related disease allegedly suffered by plaintiff/decedent was medically or proximately
`caused by exposure to asbestos-containing products alleged to have been supplied by defendant.
`He may also testify on the existence of a dose response relationship between exposure to
`asbestos and asbestos-related disease. He may also testify on the health consequences of
`smoking.
`
`10.
`
`Morton Corn, PhD.
`3208 Bennett Point Road
`
`Queenstown, MD 21658-1126
`(410) 827~7305
`
`Dr. Corn is expected to testify regarding the history and development of regulations and
`government documents concerning asbestos. He may testify about
`the dissemination and
`availability of information related to asbestos. Dr. Corn is Professor Emeritus at the Johns
`Hopkins University Department of Environmental Health Sciences, Division of Environmental
`Health Engineering and holds a Ph.D.
`in Industrial Hygiene and Sanitary Engineering from
`Harvard University. Dr. Corn will testify regarding exposure issues related to the handling of
`some asbestos-containing products as well as the relative risks, governmental regulations and
`feasibility of engineering controls.
`
`Dr. Corn may discuss and testify about levels of asbestos exposure experienced in various
`occupations and trades,
`fiber emitting propensities of products, factors affecting levels of
`exposure, and industrial hygiene practices. Dr. Corn may base his opinions regarding use of such
`asbestos-containing products on various fiber release studies performed at industrial hygiene
`laboratories. Dr. Corn may testify as to the state of the art with respect to asbestos in the field of
`medicine. and in particular the evolution of knowledge regarding the effects .of asbestos exposure.
`on human health. Dr. Corn may discuss historical literature regarding asbestos exposure and its
`health consequences. Dr. Corn may discuss the conditions and circumstances necessary to give
`rise to asbestos—related disease as reflected in the historical literature, including the nature of the
`exposure, the type of fiber or asbestos involved, the duration of exposure, the intensity of the
`exposure and the job category or tasks involved in the exposure.
`
`{N0634347—l}
`
`1 1
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/08/2017 03:48 PM
`FILEDENEW YORK COUNTY CLERK 09m2017 03:48 PM
`
`NYSCEF DOC. NO. 433
`NYSCEF DOC. NO. 433
`
`INDEX NO. 190139/2015
`INDEX N0. 190139/2015
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/08/2017
`RECEIVED NYSCEF: 09/08/2017
`
`Dr. Corn may testify about the development of knowledge regarding the dose-response
`relationship between exposure to asbestos and disease and other related matters including current
`and historic knowledge about asbestos-related disease among mechanical contracting companies
`and workers such as plaintiff. Dr. Corn may testify that based on the medical and scientific
`literature available at the time, defendant could not have reasonably known that its particular use
`of asbestos in the context it was used could be injurious. Dr. Corn may testify as to his review of
`the literature and the opinions and conclusions contained in that literature. Dr. Corn may testify
`as to his experiences and developing knowledge as a doctor over the years. Dr. Corn may testify
`regarding exposure levels to asbestos, at what levels asbestos may cause disease, and when this
`was known and reflected in the medical and scientific literature.
`
`11.
`
`John E. Craighead, MD.
`Department of Pathology
`University of Vermont College of Medicine
`A249 Given Medical Building
`Burlington, Vermont 05401
`
`Dr. Craighead is a board certified pathologist who may give testimony regarding the
`pathological diagnosis of the medical condition of plaintiff/decedent. He will further testify as to
`whether plaintiff/decedent had a condition or illness that was caused by asbestos exposure. He
`may also testify as to the latency period related to asbestos-related diseases and the carcinogenic
`properties of different types of asbestos fibers. Dr. Craighead may also testify in general about
`asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational
`settings, including the epidemiology of asbestos-related diseases and the criteria for diagnosing
`an asbestos-related disease. Dr. Craighead may also testify regarding the existence or non-
`existence of any asbestos-related disease in plaintiff/decedent. He may further t