FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`80 BROAD STREET, 23RD FLOOR
`
`NEW YORK, NEW YORK 10004
`(212) 509-3456 – TELEPHONE
`(212) 509-4420 – FACSIMILE
`www.mkclaw.us.com
`
`
`
`August 11, 2017
`
`
`
`
`
`Via: Regular Mail
`Weitz & Luxenberg, P.C.
`700 Broadway
`New York, NY 10003
`Attorney for Plaintiffs
`
`
`Re: Richard D. Schnoor vs. Amchem Products, Inc., et al.
`Index No.: 608858/16
`
`
`Dear Sir/Madam:
`
`
`In reference to the above, enclosed herein please find Expert Witness List, Fact Witness
`List and Trial Exhibit List, submitted on behalf of the defendant, Caterpillar Inc.
`
`
`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.
`
`
`Very truly yours,
`
`
`
`McGIVNEY, KLUGER & COOK, P.C.
`
`Enclosures
`
`
`
`By: _____________________________
`
`Kerryann M. Cook, Esq.
`
`
`
`
`
`
`BUFFALO, NY
`(716) 626-3583
`
`FLORHAM PARK, NJ
`(973) 822-1110
`
`FT LAUDERDALE, FL
`(954) 848-3681
`
`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
`
`{N0641782-1}
`
`1 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 11:04 A
`l
`NYSCIL F DOC. NO. 96
`
`NYSCEF DOC. NO. 96
`
`
` \ID
`«x NO. 608858/20;
`INDEX NO. 608858/2016
`
`
` \IYSCI
`
`
`R*.
`4.
`
`
` *3
`
`3F: 08/09/20;
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXPERT WITNESS LIST
`EXPERT WITNESS LIST
`OF
`OF
`DEFENDANT CATERPILLAR INC.
`DEFENDANT CATERPILLAR INC.
`
`{110641782—1}
`{N0641782-1}
`
`20f 93
`2 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`Richard D. Schnoor,
`
`
`
`
`
`Amchem Products, Inc., et al.,
`
`
`
`------------------------------------------------------------------X
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXPERT WITNESS LIST
`OF DEFENDANT
`CATERPILLAR INC.
`
`Index No. 608858/2016
`
`Plaintiff,
`
`Defendants.
`
`Defendant, CATERPILLAR INC. by its attorneys, McGivney, Kluger & Cook, P.C.
`
`designates the following expert witnesses:
`
`1.
`
`
`Dr. Victor Roggli
`Department of Pathology
`Box 3712
`Duke University Medical Center
`Durham, NC 27710
`
`
`
`
`
`Dr. Roggli may generally testify concerning asbestos related pulmonary pathology and
`the epidemiology relevant thereto. Dr. Roggli may generally testify concerning asbestos related
`disease and the effects of exposure to various asbestos-containing products upon persons in
`occupational and non-occupational settings. He may further testify regarding the epidemiology
`of asbestos related disease, the criteria for diagnosis of asbestos related disease, fiber gradients
`and the existence of a dose response relationship between exposure to asbestos and asbestos
`related disease. He may also testify regarding asbestos causation thresholds and the relative risk
`of personal injury or death as a result of exposure to different types of asbestos at different
`cumulative exposure levels. Dr. Roggli may also testify regarding the etiology of cancer, the risk
`of cancer in various anatomical sites, carcinogenicity of various work-sites and environmental
`chemicals and substances, and the epidemiology relevant thereto. Dr. Roggli may also testify
`concerning the effect of inhaled tobacco smoke and other factors in the occurrence of disease in
`populations allegedly exposed to asbestos containing products. Dr. Roggli may also respond to
`matters raised within his field of expertise by plaintiffs in the presentation of their case in chief.
`Accordingly, Dr. Roggli’s testimony is dependent upon the prior testimony of plaintiffs’ experts
`and cannot be predicted with further specificity.
`
`Dr. Roggli’s testimony will be based on his training, experience, research, education,
`writings, review of medical and scientific literature concerning asbestos disease and other
`relevant matters, and review of depositions, documents, medical records and pathology relevant
`to the plaintiffs.
`
`{N0641782-1}
`
`3 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`2.
`
`Dr. John Craighead
`Department of Pathology
`University of Vermont College of Medicine
`Burlington, Vermont
`
`
`
`Dr. Craighead may testify concerning general issues of occupational medicine and
`specific issues of asbestos-related pulmonary pathology and epidemiology relevant thereto. Dr.
`Craighead’s testimony may include various matters relating to cancer, including fiber
`respirability, fiber gradients, cancer risk and cumulative asbestos exposure, carcinogenicity of
`work site and environmental chemicals and substances.
`
`In addition, Dr. Craighead may testify concerning the anatomy and function of the
`respiratory and circulatory systems; the symptomatology, disease process and diagnosis of
`asbestosis and cancer of the respiratory system, peritoneum and peritoneal cavity; the nature and
`extent of medical and scientific knowledge regarding any association of pulmonary disease with
`the various types of asbestos fiber and the effect of exposure to substances other than asbestos in
`the development and manifestation of diseases of the respiratory system; 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 in the general population and those
`individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference
`between impairment and disability; the effect of asbestosis on disability and life expectancy; the
`lack of relationship between pleural plaques and development of any cancer; the history of
`evolution and knowledge of asbestos-related diseases; and the evolution of the medical
`communities awareness of the increased risks for an asbestos-related disease in cases of
`prolonged exposure in particular populations.
`
`3.
`
`
`
`
`
`Dr. Philip T. Cagle
`Department of Pathology
`Baylor College of Medicine, Suite 220 B
`One Baylor Plaza
`Houston, Texas 77030
`
`
`
`
`
`
`
`Dr. Philip T. Cagle is an Assistant Professor, Baylor College of Medicine, Department of
`Pathology, and is a specialist in pulmonary pathology. He may testify as to all matters pertaining
`to his review/examination of the plaintiff's pathological tissue samples, autopsy results, and
`medical records to offer medical opinion regarding asbestosis diagnosis and cancer. He may also
`testify as to the physiological design and function of the lungs, the effect of asbestos on the lungs
`and other parts of the body, and on the body's defense mechanisms. He may also testify
`concerning the scientific literature on the biological and toxicological effects of asbestos. He
`may also testify about the body's biological and toxicological effects of asbestos. He may also
`testify about the body's biologic responses to asbestos and all types of cancer risks from asbestos
`exposure.
`
`{N0641782-1}
`
`3
`
`4 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`4. Dr. Michael Graham
`Division of Forensic & Environmental Pathology
`St. Louis University School of Medicine
`1402 South Grand Blvd.
`St. Louis, Missouri 63104
`
`Dr. Graham is Board Certified in Anatomic, Clinical and Forensic Pathology by the
`American Board of Pathology. Dr. Graham may provide testimony regarding his examination of
`plaintiffs, or plaintiffs’ decedents’ medical records and pathology material. He may also 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 that
`go into evaluating whether there is any medical risk from asbestos-containing products. Dr.
`Graham 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. Graham may also be
`asked to respond to the testimony of certain witnesses offered at the time of trial including, but
`not limited to, testimony from plaintiffs’ experts regarding the alleged hazards of exposure to
`various asbestos-containing materials and their alleged propensity to release fibers. The
`observations and opinions offered by Dr. Graham in this 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 materials of interest in this matter and Dr. Graham’s education and professional
`experience. As defendant 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 plaintiffs’ experts.
`
`5. Marc J. Plisko, CIH
`
`Environmental Profiles, Inc.
`
`813 Frederick Road
`
`Baltimore, Maryland 21228
`
`
`
`
`
`
`Marc J. Plisko is a certified industrial hygienist. He received his Bachelors of Science in
`Commerce and Engineering Sciences in 1989 from Drexel University. He has been employed in
`the field of industrial hygiene since 1987, and has been an industrial hygienist and project
`manager for Environmental Profiles, Inc., a health, safety and environmental services consulting
`firm, since 1996.
`
`Mr. Plisko received certification as a Certified Industrial Hygienist from the American
`Board of Industrial Hygiene in 2001. Mr. Plisko is presently accredited by the US EPA as an
`Asbestos Inspector, Management Planner, and Project Designer. Mr. Plisko is a member of
`numerous professional societies, including the American Industrial Hygiene Association, the
`American Academy of
`Industrial Hygiene, and
`the Society
`for Chemical Hazard
`Communication.
`
`Mr. Plisko is expected to testify regarding industrial hygiene; evolution of the TLV for
`asbestos dust; dust counting methods from the 1970's to the present time; use of asbestos
`products in the workplace, dust levels emitted from use of asbestos-containing products; the
`
`{N0641782-1}
`
`4
`
`5 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`development of knowledge concerning asbestos-related diseases and precautions to be taken
`when handling asbestos-containing materials; the development of regulations and standards
`concerning dust levels and the handling of asbestos-containing products.
`
`Mr. Plisko is also expected to testify about the proper protocols to be followed for air
`sampling for the presence of asbestos, and the methods and results of occupational exposure
`assessments that he and others have performed on workers performing tasks that included
`handling gaskets and packing that may have utilized asbestos-containing products.
`
`He may provide testimony and opinions reviewing and criticizing the opinions and
`testimony, including the bases therefore, of plaintiff’s expert in this matter.
`
`For purposes of this disclosure, Mr. Plisko has reviewed or will review numerous
`documents, articles, studies and publications, as well as product exposure information and other
`case specific data in this case, including, but not limited to, depositions, including co-workers
`deposition (if any), Complaints, Amended Complaints (if any), Answers to Responses to
`Interrogatories, including any Supplemental Answers or Responses and other discovery
`produced or pleadings filed in this lawsuit. Mr. Plisko has reviewed or will review deposition
`testimony conducted in this case.
`
`This disclosure is based on the information available to Mr. Plisko at this time. Should
`additional information become available, he reserves the right to determine the impact, if any, of
`the new information on his opinions and conclusions, and to revise such opinions and
`conclusions if necessary. Further, he may respond to opinions offered by any other experts
`and/or fact witnesses relating to Decedent that pertain to his specialty or any other additional
`materials provided.
`
`6. Dr. James Crapo
`National Jewish Medical and Research Center
`1400 Jackson Street
`Denver, Colorado 80206
`
`
`
`
`
`Dr. Crapo is board certified in internal medicine and pulmonary disease. Dr. Crapo may
`testify about the pulmonary aspects of asbestos exposure and the epidemiology relevant thereto,
`including such matters as toxicology dose response, cumulative exposure and causation
`thresholds, progression, cancer risk, scientific opinions and theories as to how asbestos may be
`involved in the cause of various cancers, and experimental animal studies relating to the initial
`biological response to asbestos. He may also testify regarding the linear dose extrapolation
`model and quantitative risk assessment of different individuals with different levels and types of
`asbestos exposures and determine, insofar as science is able, the risks of those individuals to
`contract conditions which may be asbestos-related, as well as their risks of contracting various
`forms of cancer. Dr. Crapo is further expected to testify that the principles of synergism which
`are considered by some to apply to the combination of asbestos exposure and cigarette smoking
`do not necessarily apply to all individuals who claim exposure to asbestos. Dr. Crapo may also
`to testify about cancer risk from asbestos exposure including comments on the relevant literature,
`federal statistics and publications as well as the risk relevant to an individual’s particular
`circumstances.
`
`{N0641782-1}
`
`5
`
`6 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`Beyond these matters, because Dr. Crapo is a witness appearing after the testimony of
`plaintiffs’ experts at trial, in some measure his testimony may be responsive to evidence
`presented by the plaintiffs and cannot therefore be predicted with further specificity.
`
`Dr. Crapo’s testimony will be based on his training, experience, research, education,
`writings, review of medical and scientific literature concerning asbestos disease and other
`relevant matters, and review of depositions, documents, expert reports and medical records
`relevant to the plaintiffs.
`
`Stanley B. Fiel, M.D.
`
`7.
`
`Dr. Stanley B. Fiel is a pulmonary specialist who may testify regarding asbestos-related
`diseases and the effects of asbestos exposure in industrial settings and related to work with
`friction products. He is currently affiliated with the Medical College of Pennsylvania Hospital's
`Pulmonary/Critical Care Medicine department. He received his B.S. from the University of
`Connecticut and M.D. from the Medical College of Pennsylvania. He is certified by the
`American Board of Internal Medicine, Pulmonary Board of Internal Medicine and is a NIOSH A
`Reader and NIOSH B Reader. He is licensed to practice medicine in the State of Pennsylvania.
`
`Dr. Fiel may testify regarding the characteristics, symptoms and means of diagnosis of
`various asbestos-related diseases. Dr. Fiel may offer testimony regarding the existence or non-
`existence of the various asbestos diseases alleged by plaintiff(s), including, but not limited to:
`pleural changes, colon cancer, mesothelioma, lung cancer, cancers of the digestive system and
`other respiratory diseases. Dr. Fiel may further testify regarding the relationship between the
`level of asbestos exposure and asbestos-related disease.
`
`Dr. Fiel may offer the opinion that Plaintiffs use, installation, removal or contact, if any,
`with asbestos-containing products allegedly manufactured or supplied by this defendant did not
`cause or contribute to Plaintiffs disease. He may further testify that plaintiff(s)' disease was
`caused by asbestos products manufactured or supplied by entities other than this defendant.
`
`Additionally, Dr. Fiel may testify regarding the effect and consequences of smoking with
`respect to individual Plaintiff and the cancer risks associated with smoking.
`
`Dr. Fiel's testimony will be based on his training, professional experience, education,
`publications and review of the medical, governmental and scientific literature and various air
`sampling studies, work facility inspections and documents, where applicable, as well as review
`of medical records, doctor's reports, fiber burden or digestion studies performed by him or others
`and doctor's reports including analysis of chest films, and pathology materials.
`
`With regard to specific Plaintiff, Dr. Fiel's testimony will be based on his interpretation
`of records relating to the Plaintiffs alleged occupational asbestos exposure including, but not
`limited to, plaintiffs)' interrogatory responses and the deposition testimony offered by plaintiffs),
`plaintiffs)' family members and/or plaintiffs)' co-workers and the nature of the alleged exposures.
`Further, he may respond to opinions offered by any other experts and/or fact witnesses relating to
`the plaintiffs) that pertain to his specialty or any other additional materials provided. He may also
`
`{N0641782-1}
`
`6
`
`7 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`provide testimony consistent with the disclosure of any other expert disclosed by this defendant
`or any other party to this case.
`
`Timothy Oury, M.D.
`
`8.
`
`Dr. Oury 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 Plaintiffs medical condition,
`and the cause of Plaintiff s medical condition.
`
`Dr. Oury's testimony may also include discussion of asbestos and its effect on human
`health generally and Plaintiff specifically, and the effect that other substances have on human
`health generally and Plaintiffs condition specifically. He may also testify regarding the medical
`conditions of Plaintiff based on review of medical records, x-rays, plaintiffs)' experts' reports and
`supplemental reports and his training, experience and other special expertise. Further, Dr. Oury
`may testify concerning the increased risk, if any, of cancer faced by asbestos exposed workers
`and the prognosis of such individuals.
`
`In addition, if called to testify. Dr. Oury is expected to provide testimony regarding the
`areas stated below:
`
`a)
`
`b)
`
`c)
`
`d)
`
`e)
`
`f)
`
`the anatomy and function of the respiratory and circulatory systems,
`including the protective systems of the body with regards to the
`inhalation and retention of dust, and the diagnosis and treatment of
`disease affecting such systems;
`
`the nature of asbestos and asbestos-related diseases;
`
`the symptomatology, disease process and diagnosis of asbestosis and
`cancer associated with the respiratory system, peritoneum and peritoneal
`cavity;
`
`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;
`
`methods of diagnosis of various diseases, especially the means of
`establishing the differential diagnosis of alleged asbestos-related diseases
`with other non-asbestos-related diseases;
`
`g)
`
`cigarette smoking and its effects on the lungs and other organs;
`
`{N0641782-1}
`
`7
`
`8 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`h)
`
`i)
`
`j)
`
`k)
`
`l)
`
`m)
`
`n)
`
`o)
`
`p)
`
`q)
`
`r)
`
`the relationship of cigarette smoking to cancer of the lung and cancers of
`other body parts with reference to epidemiology studies and physiologic
`effect;
`
`the difference between impairment and disability;
`
`the effect of asbestosis or other asbestos-related disease, or asbestos
`exposure without asbestosis or other asbestos-related disease, on
`disability and life expectancy;
`
`the lack of relationship between the presence of pleural plaques and a
`later development of any form of cancer;
`
`the history of evolution and knowledge of asbestos related diseases;
`
`the import of any exhibit introduced as evidence, or any items prepared
`for use or used for demonstrative purposed by any witness;
`
`cancer incidence in the general population and among asbestos workers
`and its potential causes;
`
`the incidence of mesothelioma among various kinds of workers exposed
`to asbestos, and the relative importance of various fiber types and the
`cause of mesothelioma;
`
`diagnosis of the physical condition and relationship, if any, between
`Plaintiffs exposure to asbestos as well as asbestos exposure through brake
`or clutch servicing;
`
`the area of the medical and scientific aspects of exposure to dust as
`produced by brake or clutch products and the development of asbestos-
`related disease generally;
`
`the difference in fiber composition, fiber durability, the human body's
`ability to clear certain fibers and the fibers relation to types of cancer, if
`any; and
`
`s)
`
`to the extent not covered above, asbestos medicine in general.
`
`9.
`
`John Spencer, C.I.H., C.H.P.
`Environmental Profiles, Inc.
`813 Frederick Road
`Baltimore, Maryland 21228
`
`
`
`Mr. Spencer may testify as to matters relating to the standards, customs, practices and
`general principles in the field of industrial hygiene; the manner and method of conducting and
`reporting the results of industrial hygiene surveys; the history of industrial hygiene; historical
`development, design, use, application and interpretation of dust counting surveys and air
`
`{N0641782-1}
`
`8
`
`9 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`sampling tests; interpretation of dust counting surveys and air sampling tests performed in
`industrial settings and with respect to specific product types, including settings and product types
`similar to those in which plaintiffs may have worked; historical development, purpose,
`meaningful application and maintenance of threshold limit values and permissible exposure
`limits for asbestos exposure and their application in industrial settings; size, construction,
`engineering controls, layout and nature of facilities such as where plaintiffs worked;
`composition and asbestos content, if any, of the products to which plaintiffs claim exposure or
`may have otherwise been exposed, including the ability, if any, of such products to emit
`respirable asbestos fibers; retrospective assessment of the plaintiff’s exposure to asbestos,
`including a calculation of the plaintiff’s lifetime cumulative asbestos exposure from various
`sources; estimated duration and intensity of asbestos exposure necessary to cause asbestos-
`related diseases; encapsulation; fiber release, fiber drift, the speed with which asbestos fiber
`settles out of the air and fails to remain airborne, and the speed with which asbestos leaves the
`breathing zone of individuals; purpose, history and operation of the American Conference of
`Industrial and Governmental Hygienists; responsibilities of employers, unions and individual
`workers regarding industrial hygiene and safety; use and effectiveness of respirators;
`development of product warnings; his own research into asbestos related diseases as they relate
`to industrial hygiene, the carcinogenicity of various fiber types as they relate to industrial
`hygiene, and the relationship, if any, between asbestos and various diseases; and/or documentary
`evidence relevant to the defense of the individual plaintiff’s claims, including without limitation
`drawings and other materials concerning the specific product or product model with respect to
`which the plaintiff alleges exposure.
`
`Mr. Spencer may also respond to matters raised within his field of expertise by the
`plaintiff’s experts in the presentation of plaintiff’s case-in-chief. Accordingly, Mr. Spencer’s
`testimony is dependent upon the prior testimony of plaintiff’s experts and cannot be predicted
`with further specificity. Mr. Spencer is also expected to testify with respect to those matters
`discussed in his deposition in this case.
`
`Mr. Spencer’s testimony will be based upon his training, experience, research, education,
`writings, review of medical and scientific literature concerning asbestos disease and other
`relevant matters, and review of depositions, expert reports, documents and medical records
`relevant to the plaintiff.
`
`10.
`
`I.A. Feingold, M.D., F.R.C.P.(C)., FCCP
`Chief, Division of Pulmonology Medicine
`South Miami Hospital
`6200 Southwest 73rd Street
`Miami, FL 33143
`
`Dr. Feingold will testify about the pathology of asbestos-related diseases, his research
`into asbestos-related diseases, the carcinogenicity of various asbestos fiber types, the potential
`for asbestos-related disease as a result of exposures to the different types of fibers and the
`relationship, if any, between asbestos and various illnesses. Dr. Feingold will also testify
`regarding the general pulmonary aspects of asbestos exposure, including matters such as dose
`response, latency and the required fiber burden associated with asbestos-related illnesses. Dr.
`Feingold is expected to testify about alleged occupational exposures - as described by plaintiff
`
`{N0641782-1}
`
`9
`
`10 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`and plaintiff’s witnesses and whether based on his own experience and his review of the medical,
`scientific and/or technical literature and the opinions and conclusions contained in that literature,
`whether any such exposures could be considered a substantial contributing factor to plaintiff’s
`alleged diseases.
`
`Dr. Feingold is expected to testify about the principles of epidemiology and what is
`involved in an epidemiologic study. He is expected to testify that studies of particular groups or
`occupations of people are not necessarily applicable to other groups or occupations. Dr. Feingold
`is expected to testify as to the information necessary to determine whether a group of people are
`at risk of contracting a particular asbestos-related disease, and whether it is scientifically possible
`to attribute a disease to a particular exposure. Dr. Feingold is expected to discuss
`epidemiological analysis of asbestos and how such analysis may be applied to the evidence in
`this case and to the plaintiff. Dr. Feingold may testify regarding plaintiff’s medical conditions,
`cigarette smoking and lung disease, and generally about the pulmonary system and its functions
`as well as the diagnosis and prognosis of asbestos-related markers and diseases, and the risks
`associated with developing cancers. Dr. Feingold is also expected to testify about any matter
`raised by experts called by plaintiff or any co-defendant, including but not limited to plaintiff’s
`medical conditions, the state of medical knowledge concerning asbestos, asbestos-related disease
`and other occupational diseases.
`
`11. David H. Garabrant, M.D., M.P.H.
`
`Dr. Garabrant is a Professor in the University of Michigan School of Public Health. He
`attended Tufts University School of Medicine, and the Harvard School of Public Health where
`he received a Master’s in Public Health in 1979 and a Master’s Degree in Occupational Medicine
`in 1980. Dr. Garabrant's residency was taken at the Harvard University Medical Center. He has
`taught at the Boston School of Medicine, University of Southern California School of Medicine
`and he joined the faculty at the University of Michigan School of Public Health in 1989. He is
`Board Certified in Internal Medicine and Preventative Medicine with a sub-specialty
`Certification in Occupational Medicine.
`
`Dr. Garabrant will discuss the science of epidemiology and the differences between case
`reports and the various types of epidemiological studies. He will explain standard mortality ratios
`and their use in epidemiology. He will discuss the interpretation and trustworthiness of
`epidemiological studies, including the Bradford Hill criteria.
`
`Dr. Garabrant will discuss the epidemiological literature relating to chrysotile and the risk
`of mesothelioma in various occupations, including brake repair work. He will discuss the studies,
`which have measured the asbestos exposure of brake mechanics and whether brake mechanics
`are at an increased risk for mesothelioma.
`
`Dr. Garabrant will discuss the literature as it relates to the content of brake dust and
`whether brake dust causes mesothelioma. He will discuss the state of medical knowledge with
`respect to the causation of mesothelioma.
`
`Dr. Garabrant may discuss various concepts such as dose response and fiber years. He
`may testify concerning the levels of asbestos fibers necessary to cause, or create a risk of
`
`{N0641782-1}
`
`10
`
`11 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`causing, asbestos-related diseases, and is expected to compare those levels to the levels
`encountered during the alleged use of the asbestos-containing products at issue.
`
`Dr. Garabrant may testify concerning the health effects of asbestos exposure during the
`relevant time periods of Plaintiff s employment and, may provide an analysis of Plaintiffs work
`environment, work history, and occupational history, including but not limited to, discussion of
`the significance, intensity, and disease causing potential arising from exposure to particular
`products versus other types of exposure. He is expected to testify that Plaintiffs occupational
`history as an auto mechanic did not create an increased risk for mesothelioma.
`
`Dr. Garabrant may review the pertinent medical records and other medical evidence,
`including but not limited to, medical records from Plaintiffs health care providers, chest x-rays,
`and other types of evidence. He may critique the diagnoses and opinions offered by plaintiff(s)'
`witnesses and experts.
`
`12. Michael Warhol, M.D.
`
`Department of Pathology
`
`Pennsylvania Hospital
`
`8th and Spruce Street
`
`Philadelphia, Pennsylvania 19107
`
`
`
`
`
`
`
`Dr. Warhol is a pathologist. He is expected to testify generally about pathologic concepts
`regarding the etiology of disease, the course of disease and disease diagnosis. He will testify in
`case specific matters regarding his diagnosis of pathologic materials, his opinions regarding
`etiology and his opinions regarding asbestos-related associations.
`
`13. Carl A. Mangold
`
`President Environmental Control Sciences, Inc.
`
`3033 170th Pl. S.E.
`
`Bellevue, Washington 98008
`
`
`
`
`
`
`Mr. Mangold, a Certified Industrial Hygienist and Analytical Chemist, is expected to
`testify on Defendant’s behalf at trial. Mr. Mangold spent 10 years as lead industrial hygienist for
`the Department of the Navy and 13 years as regional industrial hygienist for OSHA, and was
`directly involved in the establishment of federal standards for airborne asbestos. As such, Mr.
`Mangold is expected to testify as to the development and application of the regulations for
`asbestos. Mr. Mangold is being offered as a fact and expert witness with respect to his work on
`board ships and at shipyards, and with respect to asbestos products and asbestos levels on board
`ships and at shipyards. In addition, Mr. Mangold is expected to testify with respect to his gasket
`and packing studies.
`
`{N0641782-1}
`
`11
`
`12 of 93
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/09/2017 11:04 AM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 608858/2016
`
`RECEIVED NYSCEF: 08/09/2017
`
`
`
`14.
`
`Paul Wheeler, M.D.
`Johns Hopkins School of Medicine
`Department of Radiology
`The Johns Hopkins Hospital
`B