IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`CIVIL DIVISION - ASBESTOS
`
`
` GD No. 22-015839
`
`PLAINTIFF’S PRETRIAL STATEMENT
`
`Filed on Behalf of Plaintiffs
`
`Counsel of Record for this Party:
`
`
`BARBARA HORVATH, Administrator of
`the Estate of JAMES HORVATH
`deceased, and BARBARA HORVATH,
`in her own right,
` Plaintiffs,
`
`v.
`
`A.O. SMITH CORPORATION, et al.,
`
`
`
` Defendants.
`
`Leif J. Ocheltree, Esquire
`PA ID No. 163508
`
`Goldberg, Persky & White, P.C.
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222, and
`281 Three Springs Drive, Suite 285
`Weirton, WV 26062
`Telephone: (412) 471-3980
`Facsimile: (412) 471-8308
`Telephone: (304) 723-0213
`
`Firm # 744
`
`
`
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`

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`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`CIVIL DIVISION - ASBESTOS
`
`BARBARA HORVATH, Administrator of
`the Estate of JAMES HORVATH
`deceased, and BARBARA HORVATH,
`in her own right,
` Plaintiffs,
`
`v.
`
`A.O. SMITH CORPORATION, et al.,
`
`
`
` Defendants.
`
` GD No. 22-015839
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` PLAINTIFF’S PRETRIAL STATEMENT
`
`AND NOW COME the above-captioned Plaintiff, by and through her counsel, Leif J.
`
`Ocheltree, Esquire, and Goldberg, Persky & White, PC, and file the following Pretrial Statement:
`
`
`PLAINTIFF’S PROPOSED VOIR DIRE STATEMENT
`
`Plaintiff James R. Horvath was diagnosed with lung cancer on March 11, 2021. Mr. Horvath
`ultimately died as a direct result of his lung cancer on December 28, 2022, at the age of
`77. From 1964 until the 1990s, Mr. Horvath worked at various United States Steel plants as a
`Laborer and Production Worker including, but not limited to, National Tube in McKeesport, PA
`and Christy Park Works in McKeesport, PA. Most of the defendants manufactured asbestos
`products or equipment that was designed to utilize asbestos component parts. Defendants knew
`the components would be replaced periodically with asbestos parts. The defendants had reason to
`know their products were defective because they contained asbestos, but they issued no warning.
`
`Plaintiff’s employer US Steel failed to provide a safe work environment.
`
`Plaintiff’s experts will testify that asbestos fibers are microscopic, and float for many hours on
`air currents. Nearly all asbestos-containing materials release airborne fibers, and asbestos fibers
`persist for long periods in a workplace, unless aggressive abatement is performed to remove
`them.
`
`Medical experts will testify that asbestos is a carcinogen and that asbestos exposure elevated the
`plaintiff’s risk of developing lung cancer. We will ask you to award monetary damages.
`
`
`
`
`
`2
`
`

`

`PLAINTIFF’S PROPOSED VOIR DIRE QUESTIONS
`
`1. Would you have difficulty awarding damages for pain, suffering, and loss of enjoyment
`of life to someone who was injured by a corporation’s defective product?
`
`
`2. Do you have a negative opinion of warning labels on products?
`
`3. Do you feel that it is wrong to bring a lawsuit?
`
`4. Do you believe that jury awards are too large?
`
`5. Have you, or your spouse or significant other, ever made a claim for personal injuries or
`damages as a result of a workplace accident or illness related to your job?
`
`
`
`
`Plaintiff reserves the right to supplement this section of her Pretrial Statement should she
`acquire any new information that would require the need for additional questions.
`
`*BRIEF NARRATIVE OF THE CASE
`
`Plaintiff filed a Complaint in Civil Action on December 21, 2022. Plaintiff Decedent suffered
`from lung cancer, an asbestos-related disease. He was diagnosed on March 11, 2021. He died
`on December 28, 2022. Plaintiff claims that as a direct and proximate result of inhaling the
`asbestos fibers and dusts contained in the products manufactured, supplied, specified for use,
`installed, removed and/or otherwise manipulated by the defendants and/or their predecessors-in-
`interest plaintiff contracted lung cancer and its associated complications which resulted in his
`disability and death.
`
`Coworker Ed Aaron was deposed on August 17 and coworker John Zelinski was deposed on
`August 22 in this case. Mr. Aaron worked with Mr. Horvath at US Steel Christy Park Works
`from approximately 1966 to 1972 where they worked various production jobs. There were
`several bomb and cylinder lines at Christy Park, and both worked all over the plant laboring
`when they were bumped back from their production jobs.
`
`Mr. Zelinski worked with Mr. Horvath at National Tube Works in 1964-1966 and again after
`Horvath returned from Christy Park from approximately 1972 until the 1990s when National
`Tube shut down. They worked as laborers all over the plant early on and on bump backs but
`worked various production jobs on the seamless tube lines for most of their time at National
`Tube.
`
`
`Plaintiff will introduce evidence of James Horvath’s exposure to asbestos-containing products
`manufactured, sold and distributed by the defendants, and to asbestos-containing component
`parts that were utilized as original equipment, and as replacement parts, on equipment including
`pumps, valves, steam traps, strainers, cranes, hoists, furnaces, precipitators, hot tops, boilers, hot
`water heaters, HVAC equipment, pipes, burners, electrical products, turbines, and compressors
`manufactured by the defendants.
`
`
`
`
`3
`
`

`

`Plaintiff will show that the defendants designed their pumps, valves, steam traps, strainers,
`cranes, hoists, furnaces, precipitators, hot tops, boilers, hot water heaters, HVAC equipment,
`pipes, burners, electrical products, turbines, and compressors to use asbestos-containing
`component parts such as asbestos insulation, fibers, gaskets, packing, refractory materials, resins,
`and friction products; that the defendants knew that these asbestos-containing components would
`be manipulated, removed and replaced in a manner very likely to create airborne dust; that the
`defendants knew that the replacement parts were wear items that would be renewed periodically
`by the equipment owners and that the replacement parts utilized during the life of the equipment
`would necessarily be asbestos-containing, and of the same design and composition as the original
`component parts, regardless of the manufacturer of the replacement parts; that the defendants had
`an opportunity to warn end users of their equipment of the hazards of asbestos, but either
`deliberately or negligently failed to provide any such warning.
`
`Plaintiff will show that the defendants had actual knowledge of the hazards of asbestos during
`the time period when they were actively manufacturing, selling, supplying, specifying or
`distributing asbestos products, or that at the very least they had access to information concerning
`the dangers of asbestos and were charged with a duty to ensure the safety of products they were
`putting on the market. Plaintiff will show that the defendants did nothing to warn him of the
`hazards of asbestos, and that they failed to place warnings on the products, develop and provide
`asbestos-free substitute materials in a timely and prudent manner, and that they failed to recall
`their products despite having a network of sellers and distributors through which they could
`convey safety information to end users of their products. Plaintiff will rely upon certain
`documentary evidence to substantiate these claims as well.
`
`Plaintiff will rely upon the testimony of Ed Aaron and John Zelinski to establish the manner in
`which specific products were used and the manner in which visible dust was released from the
`products. Plaintiff will rely upon the deposition testimony of corporate representatives of the
`defendants who testified in this case and admitted that the defendants utilized, specified and
`required asbestos-containing component parts, and that the defendants’ products by design
`required asbestos replacement components, and that the defendants’ own repair manuals
`specified the use of asbestos material and described unsafe, dust-creating methods for removing
`and replacing the component parts. Plaintiff will rely upon certain documentary evidence to
`substantiate these claims as well.
`
`Plaintiff will rely upon the testimony of medical experts to establish that James Horvath’s lung
`cancer was caused by asbestos exposure. They will establish that asbestos is a carcinogen,
`capable of causing lung cancer by itself. Plaintiff will also rely upon medical records and other
`documentary evidence to substantiate these claims.
`
`Plaintiff will rely upon the testimony of non-medical experts to establish that James Horvath was
`exposed to respirable asbestos fibers as a result of working in close proximity to the defendants’
`products. They will testify that asbestos fibers are microscopic, and that fiber bundles break
`down into smaller and smaller fibers with mechanical force, and that fibers float for many hours
`on air currents and are easily reintrained and again become airborne. They will testify that nearly
`all asbestos-containing materials are capable of releasing asbestos fibers, regardless of the matrix
`they may be contained in, and that asbestos fibers generally persist in an environment such as a
`
`
`
`4
`
`

`

`closed building, and that absent aggressive asbestos abatement measures such as negative air
`pressure enclosures, glove bag removal, washing with amended water, reducing airborne
`concentrations with HEPA filters and other means, and final testing to ensure concentrations
`below background levels, that asbestos fibers will remain a health threat from an industrial
`hygiene perspective. They will testify as to the evolution of industry standards propounded by
`various state governments as well as OSHA and the duties incumbent upon asbestos
`manufacturers with subsequent rule changes. They will discuss the evolution of the knowledge of
`asbestos hazards, and the timeline that shows when information about asbestos hazards should
`have been known to responsible manufacturers and sellers of industrial products. They may
`testify as to various efforts by certain companies to suppress the dissemination of information
`about asbestos hazards to end users, and to use industry funding of ostensibly unbiased research
`to influence the medical and epidemiological literature so as to generate a body of research
`seeming to exculpate certain asbestos products, when in fact other research substantiated that the
`products were indeed hazardous. Plaintiff will rely upon certain documentary evidence to
`substantiate these claims as well.
`
`Plaintiff’s widow will testify at trial describing the effect of lung cancer on decedent’s health
`including the suffering she has endured through treatments including chemotherapy and surgery.
`She will describe the mental and physical pain, suffering and mental anguish she and her family
`have suffered. She will discuss the medical procedures that were done, as well as incidental
`costs that the family was forced to pay as a result of decedent’s disease. She will establish that
`she suffered damages for pain, suffering, mental anguish, lost income, medical expenses,
`household expenses, medical care expenses and loss of enjoyment of life and health.
`
`*NON-EXPERT WITNESSES
`Plaintiff may rely upon the following individuals at trial, either live, by deposition or by previous
`trial testimony: all witnesses identified in Plaintiff’s Discovery Responses, Defendant’s
`Discovery Responses, Plaintiff’s Fact Witness List, Defendants’ Fact Witness List, Plaintiff’s
`Responses to Motions for Summary Judgment (including all supplements), Defendants’ Motions
`for Summary Judgment, previously disclosed non-expert witnesses and all corporate
`representatives and/or employees (past or present) of Defendants. Plaintiff may additionally call
`as a witness any Treating Physicians and/or Records Custodian at any facility at which James
`Horvath was diagnosed with or treated for lung cancer.
`
`
`Plaintiff reserves the right to rely upon the deposition testimony and/or sworn testimony of any
`witnesses in lieu of live testimony at the time of trial. Plaintiff further reserves the right to call
`only certain live witnesses identified below and has no obligation to call all listed witnesses.
`
`Damages Witnesses
`Barbara Horvath
`Sharon E. Hanson
`
`Medical Records Librarians and Billing Clerks
`Monongahela Valley Hospital
`Suncrest Hospice of Pittsburgh
`Giant Eagle Pharmacy
`
`
`
`5
`
`

`

`
`Liability Witnesses
`Ed Aaron
`John Zelinski
`
`Any and all historical witnesses from Plaintiff’s Fact Witness List and Responses to Motions for
`Summary Judgment.
`
`Any and all prior corporate representatives or persons most knowledgeable of the defendants.
`
`Daniel Braun, MD
`Industrial Health Foundation
`
`Jane Brislin, Secretary
`Industrial Health Foundation
`
`Jane Kennedy, Secretary
`Industrial Health Foundation
`
`Representatives of the National Safety Counsel
`
`*EXPERT WITNESSES AND REPORTS
`The following expert witnesses are expected to provide reports and may be called upon to
`provide testimony regarding the treatment of the individual decedent’s disease. Plaintiff reserves
`the right to call any expert witnesses whose reports have been or will be submitted in this case.
`Plaintiff reserves the right to call any witness listed on any other expert witness list filed in this
`action. Plaintiff’s Medical and Non-Medical Expert Disclosure is hereby incorporated by
`reference. The Plaintiff reserves the right to amend, modify or supplement this Expert
`Designation if additional information is discovered or due to inadvertent errors or omissions.
`
`David Zhang, M.D. – Narrative report dated September 22, 2023. Dr. Zhang is a pathologist.
`He will testify as to all of the opinions set forth in this report. Dr. Zhang will testify as to general
`medicine, with an emphasis on pulmonary pathology, lung cancer and mesothelioma. He will
`discuss the diagnosis and treatment of asbestos-related diseases and the ability of various types of
`asbestos fibers to cause disease. Dr. Zhang will opine that all asbestos fiber types are capable of
`producing asbestosis, lung cancer and mesothelioma. He will testify that the plaintiff’s lung
`cancer diagnosis is due to asbestos exposure.
`
`Dr. Arnold Brody – General medicine, mechanics of asbestos disease including the
`development of fibrosis and cancer, animal research with asbestos, molecular biology, asbestos
`fiber types and the propensity of various fibers to cause disease.
`
`Donal Kirwan, SPHR – Narrative report dated August 9, 2023. Mr. Kirwan is the managing
`director of Forensic Human Services. He will testify regarding the economic loss attributable to
`Plaintiff’s diseases.
`
`
`
`
`6
`
`

`

`Gerald E. Markowitz, Ph.D. – Dr. Markowitz is a distinguished professor of history at the John
`Jay College of Criminal Justice with approximately 35 years of research and publishing on
`deadly dust, including the interface of science, medicine, engineering, trade and industry
`practices and in particular how large organizations like companies and governmental bodies have
`reacted to risk information regarding dangers of deadly dusts. Dr. Markowitz will testify on the
`state of art knowledge regarding publicly disseminated information regarding the hazards of
`asbestos found in the scientific, medical, technical, and business literature dating back to the
`early 1900s.
`
`Arthur L. Frank, M.D., Ph.D. – Dr. Frank is currently a Professor of Public Health at the
`Center for Environmental and Occupational Health at Drexel University. He will testify as to the
`general medical issues surrounding asbestos-related diseases. He will explain how asbestos
`affects the multiple organs in the body and may discuss the diseases asbestosis, lung cancer and
`mesothelioma. Dr. Frank may testify concerning the latency of asbestos-related diseases and the
`progressive nature of the diseases. He will relate his experiences concerning the epidemiological
`studies which have been performed by the Mt. Sinai School of Medicine. He will discuss the
`increased risk of the development of lung cancer, mesothelioma and other cancers caused by
`working around and being exposed to asbestos. Dr. Frank's testimony will be based on his
`education, training, experience, review of the medical and scientific literature and review of case
`specific materials.
`
`Dr. Laxminarayana C. Rao, F.C.C.P., F.A.C.P. – Dr. Rao is a pulmonologist and b-reader
`who has an expertise in diagnosing diseases caused by asbestos. He will discuss general
`medicine, pulmonology medicine and the diagnosis and treatment of asbestos-related diseases,
`and the ability of various types of asbestos fibers to cause disease. Dr. Rao has reviewed x-rays
`and medical records in this case, and he will discuss the diagnosis and the cause of disease
`suffered by the Plaintiff.
`
`Barry Castleman, Sc.D. – Dr. Castleman may testify regarding public health, state of the art,
`corporate knowledge, industry association knowledge and other public and private sources of
`knowledge and information about the health hazards of asbestos. Dr. Castleman's testimony will
`involve the summarization, explanation and analysis of the scientific literature, medical,
`industrial hygiene, corporate and other documents and material which discuss the hazards of
`asbestos and in some instances the knowledge of the defendants regarding this literature. He may
`testify as to what the defendants and/or others knew or should have known concerning the
`dangers of asbestos at various points in time. He may testify as to knowledge of defendants
`concerning the hazards of asbestos and their efforts to prevent the disclosure of this information.
`
`Dr. Richard Lemen – Dr. Lemen retired as the Deputy Director of the National Institute for
`Occupational Safety and Health (“NIOSH”). He served as Assistant Director of the NIOSH in
`Washington, D.C. as well as for the Centers for Disease Control in the Washington, D.C. office.
`Dr. Lemen has conducted several retrospective cohort studies on workers who have been
`exposed to substances such as asbestos. In addition, he has been responsible for directing field
`teams conducting occupational surveys of the asbestos industries of the United States. He has
`surveyed asbestos plants and administered pulmonary function tests to asbestos workers. Dr.
`Lemen will testify on state of the art issues, industrial hygiene, dust dispersion, fiber types and
`
`
`
`7
`
`

`

`diseases caused by exposure to asbestos. He will testify about the hazardous nature of asbestos
`containing products and their ability to cause disease. Dr. Lemen may also testify about threshold
`limit values and industrial hygiene practices and procedures. Dr. Lemen will discuss the
`precautions needed to protect workers from the hazards of asbestos. This testimony will be
`relevant to all defendants.
`
`*DAMAGES
`As a direct and proximate result of the actions of the defendants, Plaintiff has been damaged and
`claims damages of the defendants in excess of Fifty Thousand Dollars ($50,000). Plaintiff’s
`damages include, but are not limited to, economic damages (hospital, physician and prescription
`expenses incidental to his lung cancer diagnosis and treatment, lost income, and loss of future
`earning capacity) and noneconomic damages (pain and suffering, loss of life’s pleasures, and
`punitive damages). Copies of all medical bills will be made available to Defense counsel upon
`request.
`
`
`
`Provider
`
`Date
`
`Medical
`Expenses -
`Paid by
`Insurance
`
`Medical
`Expenses -
`Paid by
`Plaintiff
`
`Suncrest Hospice of Pittsburgh
`
`
`
`
`
`
`
`Monongahela Valley Hospital
` CT Lung
` PET w/CT Skull-Thigh, etc
` Mucobacteria ID
` Surgery, etc
` MRI Brain w/wo, etc
` O/P Office Visit
` Complex IMRT Delivery, ext
` Complex IMRT Delivery, ext
` Hydrocortisone Cream 1%
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, ext
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
`
`
`
`12/2/2022 to
`12/28/2022
`
`
`
`
`
`1/25/2021
`
`2/23/2021
`3/11/2021
`3/11/2021
`3/25/2021
`6/29/2021
`5/25/2021
`5/24/2021
`5/17/2021
`5/21/2021
`5/20/2021
`5/19/2021
`5/18/2021
`5/17/2021
`5/14/2021
`5/13/2021
`5/12/2021
`
`8
`
`$19,979.47
`
`$0.00
`
`
`
`$79.12
`
`
`
`$1,158.30
`$0.00
`$3,959.58
`$360.05
`$116.13
`$654.74
`$530.65
`$0.00
`$530.65
`$530.65
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$530.65
`
`$15.88
`
`$289.58
`$0.00
`$989.89
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`

`

` Complex IMRT Delivery, ext
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, ext
` Complex IMRT Delivery, ext
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, ext
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, ext
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Central Axis Depth
` IMRT Planning, etc
` Sp Tx Mgmt., etc
` O/P Office Visit
` Bloodwork, etc
` Bloodwork, etc
` Hydration IV Inf., etc
` Hydration IV Inf., etc
` Bloodwork, etc
` Fulphila Inj., etc
` Chemo. Tech, etc
` Chemo. Tech, etc
` Chemo IV, etc
` Bloodwork, etc
` Bloodwork, etc
` Blood draw
` CT Chest w/o contrast
` Fulphila Inj., etc
`
`
`
`5/11/2021
`5/10/2021
`5/7/2021
`5/6/2021
`5/5/2021
`5/4/2021
`4/30/2021
`4/29/2021
`4/28/2021
`4/27/2021
`4/262021
`4/23/2021
`4/22/2021
`4/21/2021
`4/20/2021
`4/16/2021
`4/19/2021
`4/15/2021
`4/14/2021
`4/13/2021
`4/8/2021
`4/7/2021
`4/1/2021
`3/30/2021
`4/28/2021
`4/27/2021
`4/26/2021
`4/23/2021
`4/22/2021
`4/16/2021
`4/15/2021
`4/14/2021
`4/13/2021
`4/1/2021
`4/7/2021
`4/8/2021
`4/21/2021
`5/28/2021
`
`9
`
`$654.74
`$530.65
`$530.65
`$530.65
`$530.65
`$530.65
`$530.65
`$530.65
`$530.65
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$530.65
`$470.04
`$654.74
`$530.65
`$530.65
`$530.65
`$744.55
`$1,565.77
`$861.91
`$116.13
`$199.03
`$23.04
`$238.15
`$238.15
`$30.28
`$3,125.09
`$464.27
`$464.27
`$779.74
`$23.04
`$28.63
`$3.24
`$106.59
`$3,125.09
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`

`

` Chemo. Tech, etc
` Chemo. Tech, etc
` Fosaprepitant Inj., etc
` Bloodwork, etc
` Fosaprepitant Inj., etc
` Chemo. Tech, etc
` Chemo. Tech, etc
` Chemo. Tech, etc
` Bloodwork, etc
` Transfusion, etc
` Bloodwork, etc
` Bloodwork, etc
` Bloodwork, etc
` PET w/CT Skull-Thigh, etc
` MRI Brain w/wo, etc
` Comp. Rad. Treat, etc.
` Comp. Rad. Treat
` Comp. Rad. Treat
` Comp. Rad. Treat
` Comp. Rad. Treat, etc.
` Comp. Rad. Treat, etc.
` Comp. Rad. Treat
` Comp. Rad. Treat
` Comp. Rad. Treat
` Comp. Rad. Treat
` Smple Rad Sim AFS
` Complex IRR Block, etc
` PET w/CT Skull-Thigh, etc
` MRI Brain w/wo, etc
` Complex IMRT Delivery, etc
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, etc
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
`
`
`
`$442.78
`$442.78
`$697.64
`$23.04
`$3,125.09
`$442.78
`$442.78
`$658.52
`$23.04
`$591.95
`$23.04
`$23.04
`$23.04
`$1,447.88
`$360.05
`$360.47
`$236.38
`$236.38
`$236.38
`$236.38
`$360.47
`$236.38
`$236.38
`$236.38
`$236.38
`$124.09
`$236.38
`$1,447.88
`$360.05
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`
`5/27/2021
`5/26/2021
`5/25/2021
`5/13/2021
`5/7/2021
`5/6/2021
`5/5/2021
`5/4/2021
`6/14/2021
`6/11/2021
`6/9/2021
`6/7/2021
`6/4/2021
`6/22/2021
`7/21/2021
`8/16/2021
`8/13/2021
`8/12/2021
`8/11/2021
`8/10/2021
`8/9/2021
`8/6/2021
`8/5/2021
`8/4/2021
`8/3/2021
`8/2/2021
`7/29/2021
`9/21/2021
`9/23/2021
`11/23/2021
`12/10/2021
`12/9/2021
`12/8/2021
`12/6/2021
`12/3/2021
`12/2/2021
`12/1/2021
`11/30/2021
`
`10
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`

`

` Complex IMRT Delivery
` Complex IMRT Delivery, etc
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, etc
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, etc
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery, etc
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Complex IMRT Delivery
` Central Axis Depth
` IMRT Planning, etc
` Sp Tx Mgmt., etc
` O/P Office Visit
` O/P Office Visit, etc.
` US Fine Needle Aspiration, etc
` Medication inj., etc
` Fulphila Inj., etc
` Zepzelca, etc
` Zepzelca, etc
` Fulphila Inj., etc
` Bloodwork, etc
` Bloodwork, etc
` CT Abd & Pelvis, etc.
` O/P Office Visit
` Vitamin B-12, etc.
` Bloodwork, etc
` Bloodwork, etc
` CT Abd & Pelvis, etc.
` MRI Brain w/wo, etc
` O/P Office Visit
` Physic Consult
` SRS Linear Based 1 Seccsion-CRA
`
`
`
`11/29/2021
`11/24/2021
`11/19/2021
`11/18/2021
`11/17/2021
`11/16/2021
`11/12/2021
`11/11/2021
`11/10/2021
`11/9/2021
`11/8/2021
`11/5/2021
`11/4/2021
`11/3/2021
`11/2/2021
`11/1/2021
`10/28/2021
`10/27/2021
`10/26/2021
`10/25/2021
`10/22/2021
`10/21/2021
`10/15/2021
`10/12/2021
`9/29/2021
`10/4/2021
`10/26/2021
`10/22/2021
`10/21/2021
`11/29/2021
`11/30/2021
`11/15/2021
`12/22/2021
`12/21/2022
`1/19/2022
`5/1/2022
`2/8/2022
`3/21/2022
`4/4/2022
`4/14/2022
`6/10/2022
`5/12/2022
`5/11/2022
`
`11
`
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$530.65
`$654.74
`$530.65
`$530.65
`$530.65
`$530.65
`$248.18
`$1,565.77
`$986.00
`$116.13
`$116.13
`$608.33
`$316.38
`$2,797.57
`$15,579.30
`$15,618.41
`$2,797.57
`$23.04
`$23.04
`$425.59
`$0.00
`$55.84
`$19.07
`$19.07
`$342.27
`$289.56
`$0.00
`$124.71
`$7,644.23
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$13.44
`$0.00
`$0.00
`$70.94
`$73.12
`$0.00
`$0.00
`$0.00
`
`

`

` Central Axis Depth
` IMRT Planning, etc
` Sp Tx Mgmt., etc
` Complex IRR Block, etc
` O/P Office Visit
` Unlisted MRI, Radiology
` PET w/CT Skull-Thigh, etc
` MRI Brain w/wo, etc
` Bloodwork, etc
` Bloodwork, etc
` CT Abd & Pelvis, etc.
` MRI Brain w/wo, etc
` Est. Pt. Detailed Office Svc.
` Keytruda, etc
`
`Totals
`
`
`
`
`5/5/2022
`5/4/2022
`4/27/2022
`4/26/2022
`4/20/2022
`4/27/2022
`6/14/2022
`6/17/2022
`7/29/2022
`8/26/2022
`10/12/2022
`10/21/2022
`10/25/2022
`11/2/2022
`
`$872.98
`$1,574.00
`$533.27
`$332.84
`$0.00
`$63.61
`$1,163.76
`$289.56
`$18.70
`$18.70
`$381.16
`$286.63
`$0.00
`$11,723.35
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$16.06
`$0.00
`$367.00
`$0.00
`$0.00
`$43.22
`$73.12
`$0.00
`$176.06
`
`
`
`$150,924.93
`
`
`
`$2,128.31
`
`
`
`
`
`
`
`Out of Pocket Pharmacy Expenses
`Out of Pocket Household Expenses
`
`
`Lost Income / [Household Services]
`
`Lost Retirement Benefits:
`Lost Pension Benefits:
`Lost Household Services:
`
`
`
`
`Total Lost Income:
`
`GRAND TOTAL
`
`Plaintiff reserves the right to supplement this Pretrial Statement with additional medical billing and
`other economic damages once they are received prior to and including the time of trial.
`
`$155.80
`$2,619.86
`
`
`
`
`
`$57,921
`$198,505
`$166,965
`
`$423,391
`
`$579,219.90
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12
`
`

`

`*EXHIBITS
`
`Plaintiff reserves the right to object to all exhibits at the time of trial depending upon the
`circumstances at trial and the use and/or proffer made by any party.
`
`Many of the below exhibits have been available to the defendants over the course of the litigation of this case.
`Therefore, copies of the voluminous exhibits are not attached.
`
`
`
`Deposition transcripts and or videotapes as well as exhibits attached to depositions taken in the
`above captioned case.
`
`All Discovery responses by Plaintiff or Defendant produced in the above captioned cases as well as
`all exhibits attached to the Discovery responses.
`
`All documents, invoices, drawings, diagrams, depositions produced in the above captioned case.
`
`All Interrogatory Answers in the above captioned case.
`
`All Social Security records, Union records, Employment records and employment files available
`for the above Plaintiff.
`All medical records, medical bills and medical expenses of Plaintiff.
`
`
`Various photographs of Plaintiff his family.
`Chest X-rays, CT scans Pulmonary Function Studies and/or pathology materials, including
`photomicrographs of Plaintiff.
`Videotapes and studies from MAS as referenced in the Plaintiff’s Non Medical Expert reports.
`
`Pictures, diagrams, maps and/or blueprints of all facilities where Plaintiff worked.
`
`
`Advertisements, Brochures, Photographs and or diagrams of Defendants’ Products at Issue
`
`Annual Report of Each Defendant
`
`Samples of all relevant Defendants’ products.
`Contracts, reports, invoices and or agreements from Defendant outside contractors produced in
`discovery of the above captioned case.
`
`Pictures of Asbestos and Defendant products
`
`Enlargements of exhibits in the above captioned cases, including but not limited to expert reports,
`diagrams of respiratory system, pictures of Plaintiff, Invoices, and maps.
`
`Any and all documents referenced by economic loss experts in their expert reports or utilized in
`formulating their expert conclusions and opinions including but not limited to W-2 statements and
`or pension records.
`
`Work-Life Expectancy Charts
`
`Demonstrative Evidence of Anatomy of the Lung, Bronchopulmonary Segments,
`Asbestos, Lung Cancer, Colon Cancer and Mesothelioma as well as diagrams/drawings of anatomy
`involved.
`
`Sketches and/or diagrams and/or enlargements of the lungs, cancer, mesothelioma or other relevant
`medical conditions or anatomical structures.
`
`13
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`1
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`2
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`3
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`4
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`5
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` 6
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` 7
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`8
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`9
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`10
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`12
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`13
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`14
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`15
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`16
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`17
`
`18
`
`19
`
`20
`
`21
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`
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`
`
`
`
`
`
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`
`
`
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`
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`
`
`
`
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`
`
`
`
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`
`
`
`
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`
`
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`

`

`
`
`
`
`
`
`22
`
`23
`
`24
`
`
`25
`
`
`26
`
`27
`
`28
`
`
`29
`
`
`30
`
`
`31
`
`
`32
`
`
`33
`
`
`34
`
`
`35
`
`
`Any articles, text books, treatises, similar compilations relied upon by expert witnesses testifying
`on behalf of any party, whether present at trial or not, including but not limited to those sources
`referenced expressly or incorporated by reference in this statement and/or those referenced in the
`experts reports.
`
`Medical Exhibits, text books and other learned treatises for the purpose of cross-examination of
`other parties’ witnesses.
`
`All documents and/or invoices produced by Defendants relative to Plaintiff’s jobsites.
`
`
`Any and all documents attached to and/or referenced in Plaintiff’s Responses to Defendants’
`Motions for Summary Judgment.
`
`Any and all corporate representative and person most knowledgeable deposition transcripts.
`
`
`Any and all documents and/or exhibits to any and all corporate representative depositions.
`
`
`Any and all documents referenced in Plaintiff’s Expert Reports.
`
`
`Any and all applicable laws, rules and/or regulations governing occupational exposure to asbestos
`including, but not limited to, the Pennsylvania Occupational Disease Act and OSHA.
`
`
`Asbestos Threshold Limit Values as published by the ACGIH.
`
`
`Pennsylvania Labor and Industry Review, 1/49, 8/47, 7/42, 1/41, 3/40 and 5/37.
`
`
`Castelman, Barry I., Ph.D., ASB