`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`Plaintiff,
`
`
`WILLIAM L. HEROLD,
`
`
`
`
`
`3M COMPANY, et al.,
`
`
`
`
`
`v.
`
`
`
`Defendants.
`
`CIVIL DIVISION – ASBESTOS
`
`No. GD 19-014532
`
`
`DEFENDANT'S FACT WITNESS AND
`EXHIBIT LIST
`
`
`Filed on behalf of Defendant,
`ZURN INDUSTRIES, LLC
`
`
`Counsel of Record for This Party:
`
`Edward A. Miller, Esquire
`PA ID No. 58954
`
`Melissa D. Cochran, Esquire
`PA ID No. 90930
`
`
`Steptoe & Johnson PLLC
`11 Grandview Circle, Suite 200
`Canonsburg, PA 15317
`(724) 749-3140
`FAX (724) 749-3143
`PA.Asbestos@steptoe-johnson.com
`
`
`
`

`

`Plaintiff,
`
`No. GD 19-014532
`
`CIVIL DIVISION – ASBESTOS
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`WILLIAM L. HEROLD,
`
`
`
`
`
`3M COMPANY, et al.,
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`DEFENDANT’S FACT WITNESS LIST
`AND NOW COMES Defendant, ZURN INDUSTRIES, LLC, formerly known as Zurn
`Industries, Inc., by and through its attorneys, STEPTOE & JOHNSON PLLC, and files the
`within Fact Witness and Exhibit List.
`I. ZURN INDUSTRIES, LLC’S EXPERT WITNESS DESIGNATION
`
`
`
`v.
`
`
`
`Defendants.
`
`
`1.
`
`
`Mr. Furhman was employed by Zurn Industries, LLC, Energy Division, from 1972 to 1997 and
`has knowledge of the types of products Defendant and its predecessor manufactured, whether
`those products contained asbestos-containing materials as well as being knowledgeable as to the
`operation, installation, and repair of Zurn’s steam generating products. Mr. Furhman may also
`testify about the types of trades or crafts which may work with Defendant’s products. He may
`further testify concerning the extent of Defendant’s knowledge of potential asbestos health
`hazards. He may also testify regarding corporate history, corporate knowledge and other related
`issues.
`
`2.
`
`Mr. Morad was employed by Zurn Industries, LLC, Energy Division, from 1967 to 1997 and has
`knowledge of the types of products Defendant and its predecessor manufactured, whether those
`products contained asbestos-containing materials as well as being knowledgeable as to the
`operation, installation, and repair of Zurn’s steam generating products. Mr. Morad may also
`testify about the types of trades or crafts which may work with Defendant’s products. He may
`further testify concerning the extent of Defendant’s knowledge of potential asbestos health
`hazards. He may also testify regarding corporate history, corporate knowledge and other related
`issues.
`
`3.
`
`
`Theodore C. Furhman, Erie Power Technologies, Inc., 5300 Knowledge Parkway, Ste.
`200, Erie, PA 16510
`
`Theodore Morad, 8629 Hawick Road, Erie, PA 16509
`
`Robert Seibel, RMR Technical Services, Inc., 5650 Gardner Drive, Erie, PA 16509
`
`
`
`

`

`Juan Carlos Diaz, P.E., President, American Steam, Inc., Post Office Box 1149, Wylie,
`Texas 75098
`
`
`
`Mr. Seibel was employed by Zurn Industries, LLC, Energy Division, from 1967 to 1995 and has
`knowledge of the types of products Defendant and its predecessor manufactured, whether those
`products contained asbestos-containing materials as well as being knowledgeable as to the
`operation, installation, and repair of Zurn’s steam generating products. Mr. Seibel may also
`testify about the types of trades or crafts which may work with Defendant’s products. He may
`further testify concerning the extent of Defendant’s knowledge of potential asbestos health
`hazards. He may also testify regarding corporate history, corporate knowledge and other related
`issues.
`
`4.
`
`
`Mr. Diaz is President of American Steam, Inc. Mr. Diaz is a registered engineer in the states of
`Texas and Oklahoma. Mr. Diaz is generally knowledgeable regarding boiler products, including
`asbestos in boilers, boiler operations and maintenance, boiler functions, inspections and repairs.
`As such Mr. Diaz is expected to testify on issues relating to boiler installation, operation, repair
`and maintenance. In his years of work as a boiler maker, Mr. Diaz has had occasion to
`personally install, repair and maintain a variety of commercial boilers (packaged and field
`erected) manufactured by a number of boiler companies. Mr. Diaz is expected to testify as to the
`proper manner and procedures to be followed when installing, repairing, and maintaining such
`boiler types. It is further anticipated that Mr. Diaz will testify as to any potential for exposure to
`asbestos-containing products when installing, repairing or maintaining such boiler types.
`
`5.
`
`
`Dr. Churg may generally testify concerning asbestos related pulmonary pathology and the
`epidemiology relevant thereto. Dr. Churg 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. Churg 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. Churg 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. Churg may also respond to
`matters raised within his field of expertise by plaintiffs in the presentation of their case in chief.
`Accordingly, Dr. Churg’s testimony is dependent upon the prior testimony of plaintiffs’ experts
`and cannot be predicted with further specificity.
`
`
`Dr. Andrew Churg, Department of Pathology, University of British Columbia, 2211
`Westbrook, Vancouver, BC V6T 2B5
`
`
`
`
`
`2
`
`

`

`Dr. Victor Roggli, Department of Pathology, Box 3712, Duke University Medical Center,
`Durham, NC 27710
`
`
`
`Dr. Churg’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 and medical records relevant to the plaintiffs.
`
`6.
`
`
`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.
`
`
`7.
`
`
`Dr. Hammar may generally testify concerning asbestos related pulmonary pathology and the
`epidemiology relevant thereto. Dr. Hammar 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. Hammar 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. Hammar
`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.
`3
`
`Dr. Sam Hammar, Diagnostic Specialties Laboratory, 700 Lebo Boulevard P O Box
`2171, Bremerton Washington 98310
`
`
`
`
`
`

`

`
`
`Hammar may also respond to matters raised within his field of expertise by plaintiffs in the
`presentation of their case in chief. Accordingly, Dr. Hammar’s testimony is dependent upon the
`prior testimony of plaintiffs’ experts and cannot be predicted with further specificity.
`Dr. Hammar’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.
`
`
`
`
`8.
`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.
`
`9.
`
`
`Dr. Cagle is a pathologist. He will testify to all matters pertaining to study and research
`concerning exposure to asbestos and its effects on the human body; to exposure to asbestos and
`the development of lung cancer, mesothelioma and other respiratory diseases; to his examination
`and review of Plaintiff’s medical records, history, x-rays, and pathology material; his expert
`opinion to whether Plaintiff suffers from a respiratory disease and the cause of such disease,
`including but not limited to asbestosis, lung cancer, mesothelioma and the basis for such opinion;
`to all matters pertaining to the Plaintiff’s medical condition; to the effects of exposure to
`chrysotile fibers on the human body; and to all matters pertaining to the Plaintiff’s medical
`condition.
`
`
`Dr. Philip Cagle, Methodist Hospital, 6565 Fannin Street, MS 205, Houston, Texas
`77030
`
`
`
`
`
`4
`
`

`

`Dr. Michael Graham, Division of Forensic & Environmental Pathology, St. Louis
`University School of Medicine, 1402 South Grand Blvd., St. Louis, Missouri 63104
`
`
`
`10.
`
`
`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.
`
`Dr. James Crapo, National Jewish Medical and Research Center, 1400 Jackson Street,
`11.
`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.
`
`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.
`5
`
`
`
`
`
`

`

`Dr. William Hughson, University of California at San Diego Medical Center, 200 W.
`Arbor Drive, San Diego, California 92103
`
`
`
`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.
`
`
`
`12.
`
`
`Dr. Hughson is a board certified pulmonologist and epidemiologist. Dr. Hughson may testify
`about the pulmonary aspects of asbestos exposure including such matters as dose response,
`progression, and cancer risk. Dr. Hughson may also testify about principles of epidemiology
`involved in studies of differing groups of people. He may testify regarding quantitative risk
`assessment of different individuals with different 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. Hughson may
`also testify about cancer risk from asbestos exposure as well as the risk relevant to an
`individual’s particular circumstances. Dr. Hughson may also testify about the state of the art of
`knowledge about asbestos related disease and the time periods when it was recognized that
`certain kinds of workers exposed to asbestos were believed to be at risk of contracting an
`asbestos related disease.
`
`Beyond these matters, because Dr. Hughson 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. Hughson’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 and medical records relevant to the plaintiffs.
`
`13.
`
`
`Dr. Weill may testify concerning general issues of occupational medicine and specific clinical
`issues relating to asbestos and disease and the epidemiology relevant thereto. Dr. Weill may also
`testify regarding quantitative risk assessment, asbestos exposure thresholds, fiber gradients and
`regulatory activity related to asbestos.
`
`Dr. Weill may testify concerning the history and evolution of knowledge of asbestos-related
`diseases; the regulatory history of asbestos; and the evolution of the medical community’s
`awareness of the increased risks for an asbestos-related disease in cases of prolonged exposure in
`particular populations.
`
`
`Dr. Hans Weill, Professor Emeritus, Tulane Medical Center, 1430 Tulane Avenue,
`New Orleans, Louisiana 70112
`
`
`
`
`
`6
`
`

`

`Stanley B. Fiel, M.D., Medical College of Pennsylvania, 3300 Henry Avenue,
`Philadelphia, PA 19129
`
`
`
`In addition, Dr. Weill 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 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 community’s awareness of the increased risks
`for an asbestos-related disease in cases of prolonged exposure in particular populations.
`
`Dr. Weill’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, expert reports, documents and medical records relevant to the
`plaintiffs.
`
`14.
`
`
`Dr. Stanley B. Fiel may testify, in general, concerning asbestos related diseases and the effects of
`exposure to asbestos upon persons in occupational settings, including tile epidemiology of
`asbestos related diseases and the criteria for diagnosis of any asbestos related disease.
`
`He may also testify regarding the existence or non-existence of any asbestos related disease in
`the plaintiffs, including but not limited to pleural changes, asbestosis, lung cancer, mesothelioma,
`laryngeal cancer, esophageal cancer and stomach cancer.
`
`He may also testify on whether any asbestos related disease allegedly suffered by plaintiffs was
`medically or proximately caused by exposure to asbestos containing gasket and packing
`products. 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 increased risk of cancer issues and whether a particular plaintiff has a
`reasonable fear of cancer due to exposure to asbestos. He may also testify on the health
`consequences of smoking.
`
`With respect to particular plaintiffs, he may testify as to review and interpretation of x-ray films,
`review and interpretation of pulmonary function testing, the nature and extent of any impairment
`or disability, whether the condition is progressive and whether other disease or conditions are
`present in plaintiffs.
`
`
`
`
`
`
`7
`
`

`

`Dr. Morton Corn, Morton Corn and Associates, Inc., Environmental Consultants and
`Engineers, Inc., 3208 Bennett Point Road, Queenstown, MD 21658
`
`
`
`Dr. Fiel has for years studied the dose-response relationship between asbestos and disease, both
`clinically and academically. He is familiar with the studies of Carl Marigold, CIH and other
`Industrial Hygienists regarding the actual contribution of asbestos fibers during use of gasket and
`packing materials. By virtue of his years of education, training and experience in these areas he
`is able to testify that use of gasket amid packing materials cannot be a cause of asbestos-related
`disease.
`
`Dr. Fiel’s testimony will be based on his training, experience, education and review of the
`medical literature concerning asbestos related diseases.
`
`15.
`
`
`Dr. Corn 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
`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 and from Erie City/Zurn steam generating equipment; 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.
`
`Dr. Corn 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, Dr. Corn’s testimony is dependent
`upon the prior testimony of plaintiff’s experts and cannot be predicted with further specificity.
`
`
`
`
`
`
`8
`
`

`

`Dr. J. Leroy Balzer, 408 Horse Trail Court, Alamo, CA 94507
`
`
`
`Dr. Corn is also expected to testify with respect to those matters discussed in his deposition in
`this case.
`
`Dr. Corn’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.
`
`
`16.
`
`Dr. Balzer 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
`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 and from Erie City/Zurn steam generating equipment; 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.
`
`Dr. Balzer 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, Dr. Balzer’s testimony is
`dependent upon the prior testimony of plaintiff’s experts and cannot be predicted with further
`specificity. Dr. Balzer is also expected to testify with respect to those matters discussed in his
`deposition in this case.
`
`Dr. Balzer’s testimony will be based upon his training, experience, research, education, writings,
`review of medical and scientific literature concerning asbestos disease and other relevant
`9
`
`
`
`
`
`

`

`
`
`matters, and review of depositions, expert reports, documents and medical records relevant to the
`plaintiff.
`
`
`17.
`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
`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 and from Erie City/Zurn steam generating equipment; 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 testim