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`NYSCEF DOC. NO. 44
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`INDEX NO. 190276/2023
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`RECEIVED NYSCEF: 04/02/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`RICHARD JACOBO and SANDRA JACOBO,
`:
`
`Plaintiff(s),
`
`-against-
`
`3M COMPANY, et al.
`
`Defendants.
`
`:
`
`:
`
`:
`
`:
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`
`INTRODUCTION
`
`Index No.: 190276/2023
`
`DEFENDANT VANDERBILT
`MINERALS, LLC’S
`FACT WITNESS LIST AND
`DISCLOSURES
`
`Defendant, VANDERBILT MINERALS, LLC, submits the following list of fact witness
`
`whom it may call, either in person or by deposition, at the time of the trial of this case on its merits.
`
`Vanderbilt reserves the right to amend, supplement, or make additions or deletions to this
`
`fact witness list. Vanderbilt reserves the right to supplement or modify this list by calling
`
`additional fact witnesses or withdrawing fact witnesses. Vanderbilt reserves the right to add
`
`witnesses to rebut the testimony of plaintiff’s fact or expert witnesses. In addition, Vanderbilt
`
`reserves the right to call or use the testimony of any fact witness designated by plaintiff or any of
`
`the other defendants.
`
`The words and language used in this Disclosure are the words and language of counsel who
`
`prepared the statements, and not of the witnesses. Vanderbilt further reserves the right to
`
`supplement this witness list and the exact nature of the potential testimonies depending upon any
`
`future witness lists and/or expert reports provided by plaintiff, and upon the introduction of
`
`evidence at trial.
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`1 of 103
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`1)
`
`Dr. C. S. Thompson (Deceased-By Deposition Only)
`
`Dr. Thompson was a mineralogist with a Ph.D. from the University of Utah who was the
`
`Manager of Research and Development, Minerals Development of the Ceramics and Paper
`
`Department for the Vanderbilt Minerals, LLC, from 1972 – 1987; and the Manager of the Minerals,
`
`Mining and Manufacturing Division from 1987-1993. Dr. Thompson is expected to testify about
`
`his work with Vanderbilt, including but not limited to his mineralogical examination and analysis
`
`of various kinds of talc ore and finished Vanderbilt talc products, and the results of those
`
`examinations and analyses. Dr. Thompson is expected to identify and describe the various
`
`methods by which materials may be analyzed chemically, crystallographically, and structurally.
`
`He will testify regarding the mineralogy of specific mineral deposits, including the New York
`
`State deposit and the nature of the minerals which make up different products, including not limited
`
`to Vanderbilt’s products and minerals. Dr. Thompson is expected to testify about the various types
`
`of asbestos fiber, the geographic locations where the fibers can be found, and the physical and
`
`chemical characteristics of various asbestos fibers and non-asbestos materials.
`
`Dr. Thompson will authenticate documents, including but not limited to those identifying
`
`Vanderbilt talc used in various animal studies, including but not limited to animal studies
`
`conducted by Smith & Stanton. He will further testify as to the presence, or lack thereof, of
`
`asbestos minerals in talc deposits, including those owned principally or in part by Vanderbilt.
`
`Dr. Thompson is further expected to testify regarding his work with the medical and
`
`scientific communities to examine the issue of whether Vanderbilt talc ore and/or finished talc
`
`products contain asbestos and/or present an increased risk to consumers of development of
`
`asbestos-related diseases. He is expected to testify regarding his communications with various
`
`regulatory agencies, including but limited to the U.S. Bureau of Mines, NIOSH, OHSA, and
`
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 2
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`MSHA, regarding the mineralogic composition of talc ore and Vanderbilt finished talc products
`
`and whether those products should be included under any State or Federal asbestos regulations.
`
`2)
`
`Konrad Rieger
`Vanderbilt Minerals, LLC
`Manager Ceramics Laboratory
`33 Winfield Street
`Norwalk, CT 06856
`
`Mr. Rieger is a ceramic engineer employed by the Vanderbilt Company. Mr. Rieger may
`
`testify regarding the ceramic tile manufacturing process. He may testify about technical aspects of
`
`Vanderbilt's talc including the pyrophysical reaction of talc caused by the application of extreme
`
`heat in the ceramic manufacturing process.
`
`Mr. Rieger will testify about the mineralogical aspects of Vanderbilt's talc. Mr. Rieger will
`
`describe the efforts undertaken by Vanderbilt to properly characterize the mineral constituents of
`
`its talc, including interaction with scientists, experts, and government agencies. He will describe
`
`the information provided to Vanderbilt that demonstrated that its industrial talc does not contain
`
`asbestos.
`
`Mr. Rieger will authenticate documents, including but not limited to those identifying
`
`Vanderbilt talc used in various animal studies and studies to characterize the constituents of the
`
`talc.
`
`Mr. Rieger is expected to testify regarding his work with the medical and scientific
`
`communities to examine the issue of whether Vanderbilt talc ore and/or finished talc products
`
`contain asbestos and/or present an increased risk to consumers of development of asbestos-related
`
`diseases. He is expected to testify regarding Vanderbilt’s communications with various regulatory
`
`agencies, including but limited to the U.S. Bureau of Mines, NIOSH, OHSA, and MSHA. He will
`
`discuss the federal regulations applicable to talc, including the most current statements by OSHA,
`
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 3
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`NIOSH, MSHA with respect to the presence of asbestos in talc and whether talc presents a risk of
`
`asbestos related disease.
`
`Mr. Rieger is expected to testify as to the results of tests performed by and for Vanderbilt
`
`to determine if there are specific health issues associated with talc. Mr. Rieger can discuss the
`
`various warnings issued by Vanderbilt with respect to the hazards associated with the end use of
`
`talc.
`
`3)
`
`Randall Johnson
`Former President
`Vanderbilt Minerals, LLC
`33 Winfield Street
`Norwalk, Connecticut 06856
`
`Randall Johnson is Former President of Vanderbilt Minerals, LLC. Mr. Johnson is
`
`knowledgeable about the history, business operations and sales of products made by Vanderbilt
`
`and may be presented as a witness to testify as to those subjects.
`
`4)
`
`Ian Begley
`Former President
`Vanderbilt Minerals, LLC
`33 Winfield Street
`Norwalk, Connecticut 06856
`
`Ian Begley is Former President of Vanderbilt Minerals, LLC. Mr. Begley is knowledgeable
`
`about the history, business operations and sales of products made by Vanderbilt and may be
`
`presented as a witness to testify as to those subjects.
`
`5)
`
`James Knowlden
`President
`Vanderbilt Minerals, LLC
`33 Winfield Street
`Norwalk, Connecticut 06856
`
`James Knowlden is President of Vanderbilt Minerals, LLC. Mr. Knowlden is
`
`knowledgeable about the history, business operations and sales of products made by Vanderbilt
`
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 4
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`4 of 103
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`and may be presented as a witness to testify as to those subjects. Mr. Knowlden is the former
`
`General Manager of Vanderbilt Minerals, LLC, Gouverneur Mineral Division. Mr. Knowlden is
`
`knowledgeable about the operation of the mines and mills and the description of the various
`
`industrial talc products that were produced by Vanderbilt and may be presented as a witness to
`
`testify as to those subjects.
`
`6)
`
`Matthew Stewart, CIH
`Director, Health, Safety and Environmental Risk
`R.T. Vanderbilt Holding Company, Inc.
`30 Winfield Street
`P.O. Box 5150
`Norwalk, Connecticut 06855-5150
`
`Director, Safety, Health, Environment and Product Risk, Mr. Stewart will testify as to the
`
`mineral composition of Vanderbilt talc, as well as health studies pertinent to Vanderbilt talc
`
`workers and users of Vanderbilt talc products. His testimony in this area will include references
`
`to the work of mineral and health scientists who have specifically studied Vanderbilt talc, as well
`
`as those who have not. He is also expected to testify regarding industrial hygiene as it relates to
`
`the issues in this case. Mr. Stewart is knowledgeable about the history, business operations and
`
`sales of products made by Vanderbilt and may be presented as a witness to testify as to those
`
`subjects.
`
`7)
`
`Any and all physicians, medical professionals or health-care providers or professionals
`
`who examined, treated or otherwise cared for plaintiff.
`
`8)
`
`9)
`
`Any witnesses necessary to provide a foundation for and/or authenticate any exhibit.
`
`Any and all corporate officers, directors or employees of any defendants, including those
`
`individuals identified by plaintiff, or any other witnesses disclosed by any defendant, live or by
`
`way of deposition. Each witness is expected to testify regarding matters previously disclosed by
`
`various defendants, including but not limited to, testimony regarding the negligent design,
`
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 5
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`manufacturing, labeling, installation, removal, manipulation, distribution and/or sales of various
`
`asbestos-containing products.
`
`10)
`
`Any and all relevant deposition testimony of witnesses in asbestos litigation or other related
`
`testimony from other jurisdictions.
`
`Dated:
`
`New York, New York
`April 2, 2024
`
` GORDON REES SCULLY MANSUKHANI, LLP
`
`By:
`
`
`Erik C. DiMarco, Esq.
`Attorneys for Defendant
`VANDERBILT MINERALS, LLC
`One Battery Park Plaza, 28th Floor
`New York, New York 10004
`(212) 269-5500
`
`To: All Counsel of Record (via NYSCEF)
`
`1145399/40149783v.1
`
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 6
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`6 of 103
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`INDEX NO. 190276/2023
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`RECEIVED NYSCEF: 04/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`RICHARD JACOBO and SANDRA JACOBO,
`:
`
`Plaintiff(s),
`
`-against-
`
`3M COMPANY, et al.
`
`Defendants.
`
`:
`
`:
`
`:
`
`:
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`
`INTRODUCTION
`
`Index No.: 190276/2023
`
`DEFENDANT VANDERBILT
`MINERALS, LLC’S
`EXPERT WITNESS LIST
`AND DISCLOSURES
`
`Defendant, VANDERBILT MINERALS, LLC, submits the following list of expert
`
`witnesses whom it may call, either in person or by deposition, at the time of the trial of this case
`
`on its merits.
`
`Vanderbilt reserves the right to amend, supplement, or make additions or deletions to this
`
`expert witness list. Vanderbilt reserves the right to supplement or modify this list by calling
`
`additional expert witnesses or withdrawing expert witnesses. Vanderbilt reserves the right to add
`
`witnesses to rebut the opinions or testimony of Plaintiff’s expert witnesses. Vanderbilt reserves
`
`the right to call as medical experts any of the physicians who have examined and/or treated
`
`Plaintiff, including, those physicians who have been identified during the course of discovery in
`
`this case. Vanderbilt reserves the right not to call any physician who performs any independent
`
`medical evaluations. In addition, Vanderbilt reserves the right to call or use the testimony of any
`
`expert witness designated by Plaintiff or any of the other defendants.
`
`The words and language used in this Disclosure are the words and language of counsel who
`
`prepared the statements, and not of the witnesses. The term “Plaintiff” as used in this disclosure
`
`is intended to refer to the person claiming injury from exposure to asbestos as well as any party
`
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`Plaintiff. Vanderbilt further reserves the right to supplement this witness list and the exact nature
`
`of the experts’ potential testimonies depending upon any future witness lists and/or expert reports
`
`provided by Plaintiff, and upon the introduction of evidence at trial. This disclosure is not intended
`
`to limit the opinions of these experts.
`
`1)
`
`John Addison
`John Addison Consultancy LTD
`196 New Village Rd
`Cottingham
`HU16 4NL
`United Kingdom
`
`Mr. Addison graduated as a BSc with Honors in Geology from the University of Glasgow
`
`in the United Kingdom. He was later appointed as a mineralogist at the Institute of Occupational
`
`Medicine in Edinburgh, where he was involved in extensive research programs for the IOM,
`
`including toxicology analysis of asbestos minerals, and provided analytical services to research
`
`projects using optical microscopy, Scanning Electron Microscopy, Transmission Electron
`
`Microscopy, Energy Dispersive X-ray Spectrometry, X-ray Diffractometry, Fourier Transform
`
`Infrared Spectrophotometry, and Atomic Absorption Spectrophotometry.
`
`Mr. Addison is the author or co-author of more than 40 publications on asbestos and other
`
`health-related mineralogical subjects. He is expected to testify with regard to the mineral
`
`constituents of Vanderbilt’s talc. It is anticipated that Mr. Addison will testify regarding the
`
`analysis of Vanderbilt talc products, as well as health effects of same. Mr. Addison may also
`
`address Plaintiff’s allegations of exposure to talc and its biological implications.
`
`2)
`
`Sarkas Ampian
`Ampian & Associates
`6201 Belmont Circle
`Mount Airy, Maryland 21771
`
`Mr. Ampian is retired from the US Bureau of Mines (1952-1992). He has a BS in geology
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 2
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`and MS in geology. It is anticipated he will testify regarding the mineralogical distinction between
`
`true asbestos fibers and cleavage fragments.
`
`Mr. Ampian is expected to testify that in the course of his duties at the US Bureau of Mines
`
`(BOM) he was asked to comment on concerns raised by the Vanderbilt company in respect to the
`
`identification of asbestos by some government agencies. He is expected to describe his role in the
`
`formation of a Particulate Mineralogy Unit (PMU) in late 1976 which published a series of formal
`
`reports defining and describing asbestos and analytical observations helpful in separating asbestos
`
`fibers from elongated mineral particles in general. Mr. Ampian is expected to testify as to how
`
`the work of the PMU also included an investigation of Vanderbilt’s talc and its role in
`
`characterizing Vanderbilt’s talc for use in subsequent health research
`
`Mr. Ampian is expected to confirm that in the view of the BOM, Vanderbilt’s description
`
`of its talc was accurate and that the definitions and analytical precautions advocated by Vanderbilt
`
`were correct and reflect mainstream mineral science. Mr. Ampian is expected to testify that the
`
`BOM did not find asbestos in Vanderbilt’s New York State talc.
`
`3)
`
`Paul Carlson, CIH
`PCA Health and Safety Consultants
`5775 Jean Road, Suite 101
`Lake Oswego, OR 97035
`
`Paul Carlson is a certified industrial hygienist. Mr. Carlson is expected to testify with
`
`regard to industrial hygiene issues and standards. Mr. Carlson will testify about exposure levels,
`
`including Plaintiff’s purported exposure to talc or asbestos. He will testify about potential exposure
`
`to talc or asbestos.
`
`Mr. Carlson has been or will be provided with product exposure information and other case
`
`specific data including, but not limited to, Plaintiff’s depositions and co-worker depositions. Mr.
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 3
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`9 of 103
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`Carlson will testify to the dust collection procedures of Plaintiffs jobsites. He will review
`
`Plaintiff’s exposures, if any, to this Defendant’s talc as well as Plaintiff’s exposure to other
`
`manufacturers’ asbestos-containing products or talc products. He will quantify Plaintiff’s
`
`exposures to the asbestos-containing products or talc products manufactured by other companies,
`
`and provide opinions regarding the significance of each exposure. Mr. Carlson may also review
`
`and rely upon air sampling data and other literature regarding exposure to asbestos-containing
`
`products. He may discuss historical uses of asbestos-containing products and how they are
`
`manufactured. He may discuss and/or quantify exposures to all asbestos-containing products to
`
`which Plaintiff may have been exposed, and may also testify about the types of asbestos fibers
`
`found in other companies’ products.
`
`Mr. Carlson will further provide testimony about the role of the industrial hygienist in
`
`assessing risk generally and with respect to asbestos-containing products, talc products or other
`
`dusts and exposures. He will provide current and historical information regarding air and dust
`
`sampling methods for asbestos in occupational settings including, but not limited to, the NIOSH
`
`7400 and 7402 methods, the OSHA reference method, as well as EPA, AHERA and ASTM
`
`methods. He will provide expert testimony on the proper use and application of all such
`
`methodology. He will also provide testimony regarding the proper and improper methods for
`
`occupational sampling of asbestos. He may also provide testimony that the use of settled dust
`
`methods or Tyndall or refractory light methods do not provide a proper scientific basis for
`
`sampling and have no value in assessing occupational risk to asbestos exposure.
`
`He may provide testimony that the standard and accepted occupational exposure
`
`methodologies for asbestos require the use of validated scientific air sampling and analytical
`
`methods. He may testify that the standards for occupational exposure determination to asbestos
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 4
`
`10 of 103
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`are the NIOSH and OSHA established methods. In this methodology, air samples are collected in
`
`conformance with the OSHA methodology which has specific criteria for air sampling, filter
`
`preparation and fiber counting rules. Scientifically reliable samples are prepared by “direct”
`
`preparation techniques as opposed to “indirect” preparation techniques and are counted by phase
`
`contrast microscopy (PCM).
`
`Mr. Carlson may further provide testimony regarding governmental regulations affecting
`
`maximum allowable concentrations of asbestos exposures in an occupational setting. He may
`
`provide opinions that any exposure to the talc products of this defendant are below the current, and
`
`all historical, permissible exposure limits, excursion and short-term limits and are not subject to
`
`the warning label requirements under the OSHA asbestos standard.
`
`Mr. Carlson may also provide testimony regarding applicable government regulations of
`
`asbestos products, including but not limited to, the EPA and NESHAP. The basis for his testimony
`
`will be his experience, his education, research, review of the appropriate scientific literature,
`
`review of case materials supplied to him, and any visit he may have made to the jobsites at issue.
`
`Mr. Carlson will testify to all matters contained his report.
`
`4)
`
`Dr. James D. Crapo
`4650 South Forest Street
`Englewood, Colorado 80110
`(303) 224-0681
`
`Dr. Crapo is the Executive Vice President for Academic Affairs at the National Jewish
`
`Medical & Research Center in Colorado. Dr. Crapo may be called to testify with respect to medical
`
`condition and causation. Dr. Crapo may also testify with respect to the anatomy and function of
`
`the human respiratory system, pulmonary function testing, diseases allegedly associated with
`
`exposure to asbestos and the development of related scientific and medical knowledge. Dr. Crapo
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 5
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`may further testify regarding the biological effects of asbestos and the evidence of the relationship
`
`between the inhalation of various forms of asbestos fibers and asbestos-associated disease and the
`
`factors to be considered in evaluating whether there is any medical risk from exposure to various
`
`asbestos-containing products. He may also provide testimony regarding animal research
`
`concerning asbestos-related disease, the biological effects of asbestos and various other dusts,
`
`cancer research, the practices and protocols regarding publication of scientific research and the
`
`history of research into such matters in the United states and elsewhere, including state of the art.
`
`Dr. Crapo may further testify regarding radiology as a diagnostic aid in asbestos-associated
`
`disease as well as to his review and opinions of the radiographic findings and the correlation of
`
`those findings with Plaintiffs’ medical records, work history and other diagnostic studies.
`
`Dr. Crapo may also be asked to respond to the testimony of certain Plaintiffs’ witnesses
`
`offered at the time of trial including, but not limited to, any testimony from plaintiffs’ experts
`
`regarding the alleged hazards of exposure to Vanderbilt’s products and/or components and their
`
`alleged propensity to release fibers.
`
`The observations and opinions offered by Dr. Crapo in any matter will be based on his
`
`review of the materials provided; a continuing review of the available scientific literature relating
`
`to the health effects of material of interest in this matter and Dr. Crapo’s education and professional
`
`experience.
`
`As Vanderbilt becomes aware of additional facts and the opinions of Plaintiffs’ experts,
`
`this witness may testify regarding his opinions of the additional facts or in response to the opinions
`
`of plaintiff’s experts.
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 6
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`5)
`
`Dr. John Gamble
`566 Elizabeth Ave.
`Somerset, NJ 08873
`
`Dr. Gamble is a biologist with a Ph.D. from the School of Public Health, University of North
`
`Carolina. He was formerly employed at NIOSH, Division of Safety Research, as an industrial
`
`hygienist, and at the Division of Respiratory Disease Studies as an epidemiologist. It is anticipated
`
`that Dr. Gamble will testify regarding his assessment of potential risks of cancer from exposure to
`
`Vanderbilt’s talc and the basis for same. He will further testify that Vanderbilt’s New York industrial
`
`talc contains non-asbestiform amphibole cleavage fragments and not asbestos and will testify
`
`regarding the distinction between the two.
`
`Dr. Gamble may testify, live or by deposition, concerning his views, knowledge and
`
`experience as an epidemiologist on the current body of epidemiological research concerning
`
`Vanderbilt’s New York State talc workers as it pertains to the Plaintiff’s medical condition. He may
`
`testify as to the purpose and intent of epidemiological investigations, what constitutes reliable
`
`epidemiological work and his opinion on the nature and quality of such work relative to Vanderbilt’s
`
`talc miners and millers.
`
`Dr. Gamble is specifically expected to testify on the body of epidemiological studies that
`
`involved Vanderbilt talc workers, as well as to those to work populations exposed to similar mineral
`
`dusts, in respect to whether these studies do or do not show an asbestos risk. In the course of this
`
`review he is expected to comment upon the difference between studies of Vanderbilt talc workers and
`
`those of asbestos exposed work groups. He is further expected to testify as to the source and nature
`
`of conflicting interpretations of epidemiologic studies of Vanderbilt talc workers released in
`
`the early and late 1970’s.
`
`Dr. Gamble may also testify as to his knowledge of animal and cell health studies linked to
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 7
`
`13 of 103
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`FILED: NEW YORK COUNTY CLERK 04/02/2024 03:41 PM
`NYSCEF DOC. NO. 44
`
`INDEX NO. 190276/2023
`
`RECEIVED NYSCEF: 04/02/2024
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`Vanderbilt talc which lend support to the current understanding of epidemiologic research concerning
`
`Vanderbilt talc. He may also review and comment on the opinions of other witnesses and exhibits
`
`pertinent to the Plaintiff’s medical condition and epidemiological research.
`
`6)
`
`Allen R. Gibbs, M.D.
`Department of Histopathology
`Llandough Hospital
`Penarth, UK CF64 2XX
`
`Dr. Gibbs is a pathologist. He may testify, live or by deposition, concerning his review of
`
`the medical records, pathology and/or work history of Plaintiff and his medical condition, and the
`
`cause of Plaintiff’s medical condition. He is expected to provide testimony concerning the
`
`anatomy and function of the respiratory and circulatory systems; examinations conducted and
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`opinions regarding tissue samples of Plaintiff, the symptomatology and the disease process and
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`diagnosis of asbestosis and cancer of the respiratory system, pleura, peritoneum and peritoneal
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`cavity, the colon, and other bodily organs or systems. Dr. Gibbs may testify to the nature and
`
`extent of medical and scientific knowledge regarding any association of disease with asbestos fiber
`
`and the effect of exposure to substances other than asbestos, including industrial talc, in the
`
`development and manifestation of human diseases; the methods of diagnosis and means of
`
`establishing the differential diagnosis of asbestos-related diseases with non-asbestos related
`
`diseases; the incidence of lung cancer and/or mesothelioma in the general population and those
`
`individuals exposed to asbestos; cigarette smoking and its effects on the lungs and other organs;
`
`the difference between impairment and disability; the effect of asbestosis and other asbestos-
`
`related diseases on disability and life expectancy; the lack of relationship between pleural plaques
`
`and development of any cancer; the history, evolution, and knowledge of asbestos-related diseases;
`
`and the evolution of the medical communities’ awareness of the increased risks for an asbestos-
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
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`related disease in the cases of prolonged exposure.
`
`Dr. Gibbs is expected to offer testimony about medical studies concerning talc, joint
`
`compound, other products and other related research. Dr. Gibbs is expected to testify to the
`
`probability and capability of talc products and/or the dust generated from talc to produce excess
`
`cancers, and specifically malignant mesothelioma. He may give testimony concerning his review
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`of any report purported to be diagnostic of any oncological condition and the methods of and
`
`procedures for conducting fiber counts. He also may give testimony regarding malignancies
`
`associated with asbestos exposure or cigarette abuse and other malignancies from which they may
`
`be differentiated, the appropriate protocols for the diagnosis of those conditions and the prognosis
`
`and information relating to the known causes of those malignancies. Dr. Gibbs may testify in the
`
`area of medical and scientific aspects of exposure to dust as produced by various products,
`
`including talc, and the development of asbestos-related disease generally.
`
`In addition, Dr. Gibbs is expected to provide testimony regarding the nature and extent of
`
`medical and scientific knowledge regarding any association of obstructive pulmonary disease with
`
`asbestos fiber exposure; the effect of exposure to substances other than asbestos on the
`
`development and manifestation of obstructive and restrictive conditions and diseases of the
`
`respiratory system and other causes of obstructive and restrictive disease or defects of the
`
`respiratory system; the existence of a dose/response relationship between exposure to asbestos and
`
`asbestos related diseases; the incidence of mesothelioma among various kinds of workers exposed
`
`to asbestos or talc, and the relative importance of various fiber types and the cause of
`
`mesothelioma; whether or not plaintiff’s disease, injury, or physical condition was proximately
`
`caused by exposure to products, including but not limited to Vanderbilt’s products and minerals;
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`and to the extent not covered above, asbestos medicine in general, including the diseases of
`
`_____________________________________________________________________________
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`EXPERT WITNESS LIST AND DISCLOSURES
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`asbestosis, lung cancer, and mesothelioma.
`
`Dr. Gibbs may also review and comment on or respond to opinions of other witnesses in
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`this case. Dr. Gibbs’ testimony and opinions are based on his education, training and experience;
`
`his review of scientific, medical and technical literature concerning asbestos disease and other
`
`relevant matters; his review of governmental regulations and standards and industrial hygiene data;
`
`and his review of depositions, documents, expert reports and medical records relevant to the
`
`plaintiff.
`
`7)
`
`Michael A. Graham, M.D.
`Office of the Medical Examiner
`City of St. Louis
`1300 Clark Street
`St. Louis, Missouri 63104
`(314) 522-6410
`or
`St. Louis University Medical Center
`Department of Forensic Pathology
`3556 Caroline St.
`St. Louis, MO 63104
`(314) 577-8298
`
`
`
` Dr. Graham is a board certified pathologist who may give testimony concerning asbestos
`
`or talc related diseases and the effects of exposure to various asbestos or talc containing products
`
`upon persons in occupational settings. He will further testify regarding the epidemiology of
`
`asbestos diseases, the criteria for diagnosis of asbestos-related disease, as well as the existence of
`
`a dose response relationship between exposure to asbestos or talc and asbestos-related diseases.
`
`He may also testify regarding asbestos or talc containing products generally, including their
`
`asbestos fiber content, manufacture, use and their respective ability to cause or contribute to
`
`disease. He may also testify regarding the determination of the relative risks of suffering personal
`
`injury or death as a result of exposure to various asbestos or talc containing products in various
`
`_____________________________________________________________________________
`DEFENDANT VANDERBILT MINERALS LLC’S
`EXPERT WITNESS LIST AND DISCLOSURES
`PAGE 10
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`FILED: NEW YORK COUNTY CLERK 04/02/