FILED: NEW YORK COUNTY CLERK 01/08/ :04 PM INDEX NO /2017 NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 01/08/2019

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X LOIS PROKOCIMER, Plaintiffs, AVON PRODUCTS, INC., et al., -against- Defendants Index No.: /2017 ========================================== DEFENDANT CYPRUS AMAX MINERALS COMPANY S CPLR 3101(d) EXPERT WITNESS DISCLOSURE NOW COMES, Defendant Cyprus Amax Minerals Company ( CAMC ), by and through their undersigned attorneys and pursuant to CPLR 3101(d), hereby submit foregoing disclosure of individuals CAMC may call as expert witnesses at trial in this matter. 1. Subject to (1) CAMC s right to supplement with additional witnesses upon Plaintiff s designation of witnesses, and (2) completion of further discovery, CAMC designates the following witnesses who may be called in person or by deposition: a) All expert witnesses or persons with knowledge and designated by Plaintiffs. b) See attached Exhibit A, which is incorporated herein by this reference. c) All expert witnesses deposed in this litigation. d) All expert witnesses listed by any defendant or other party. CAMC has not had the opportunity to attend any deposition of the witnesses designated by any other party defendants in these lawsuits but expressly reserves the right to adopt the deposition testimony of some or all of those witnesses disclosed by other party defendants. In the event any such testimony will be used by this defendant at trial, said testimony will be consistent with the deposition testimony and/or reports provided to you by the other parties. e) Any or all of Plaintiff/Decedent s treating physicians and/or other medical personnel; CAMC may call any or all of the treating doctors previously deposed in this lawsuit on the issues of Plaintiff/Decedent s diagnosis, the care and treatment of Plaintiffs and/or the tests which were performed on Plaintiff/Decedent and/or the physician s interpretation thereof. 1 of 13 1

2 Any of these persons may also testify regarding the existence or nonexistence of any asbestos-related disease in Plaintiff/Decedent, as well as the presence of any other disease process, or condition within Plaintiff/Decedent; asbestos-related diseases and the effects of exposure to asbestos and/or talc upon a person or persons in general, including the epidemiology of asbestos-related diseases; the medical records and/or examination of Plaintiff/Decedent; review and interpretation of x-ray films; review and interpretation of pulmonary function testing; review and interpretation of past medical histories; review and interpretation of current physical and mental conditions; the nature and extent of any impairment or disability, prognosis and other disease or conditions present in Plaintiff/Decedent and/or the interpretation of related matters. f) Any physician retained by any party, including any Defense Trust group, to review Plaintiff s/decedent s medical data; g) Any expert, medical doctor or otherwise, retained by any party, who had in any way treated or examined Plaintiff/Decedent, reviewed Plaintiff s/decedent s medical data, undertaken any diagnostic procedures relating to Plaintiff/Decedent or any physician who performed any independent medical examination and/or B Reading of any record of Plaintiff/Decedent; h) Any custodian of any medical records pertaining to Plaintiff/Decedent to the extent that opinion testimony by such custodian is needed for proper authentication of records; i) Any fact witness who may, as a result of his or her background or observations, have beliefs or opinions that may be of an expert nature and which may be relevant to issues in this case; j) Any of the persons disclosed herein may also testify regarding the existence or non-existence of any asbestos-related or talc-related disease in Plaintiff/Decedent, as well as the presence of any other disease process, or condition within Plaintiff/Decedent; asbestos-related or talc-related diseases and the effects of exposure to asbestos or talc upon a person or persons in general, including the epidemiology of asbestos-related or talcrelated diseases; the medical records and/or examination of Plaintiff/Decedent; review and interpretation of x-ray films; review and interpretation of pulmonary function testing; review and interpretation of past medical histories; and other disease or conditions present in Plaintiff/Decedent and/or the interpretation of related matters; k) Since depositions of experts disclosed by Plaintiff have not been taken, CAMC reserves the right to supplement and amend this listed designation of expert opinion witnesses. To the extent that Plaintiff develops information which subsequently establishes facts which may give support to Plaintiff s claims or develops expert testimony not previously disclosed, 2 of 13 2

3 CAMC reserves the right to provide additional designations of appropriate individuals, who may by reason of their background, training, or experience either have expertise or may be asked on behalf of CAMC to render or state an opinions in the course of this litigation. CAMC also specifically reserves the right to withdraw any witnesses designated herein. 2. CAMC disclaims any duty to call any of the expert witnesses at trial by virtue of identifying them in this disclosure; 3. CAMC specifically reserves the right to call any expert witness listed by any party, either live or by deposition or previous trial testimony, who may have been called to testify in this case for the purpose of impeachment, rebuttal, or any other purpose the law allows. Dated: New York, New York January 9, 2019 Respectfully Submitted, LITCHFIELD CAVO LLP By: /s/ Michael R. L Homme Andrew Sapon Michael R. L Homme 420 Lexington Avenue, Suite 2104 New York, New York (212) Telephone (212) Facsimile sapon@litchfieldcavo.com lhomme@litchfieldcavo.com ATTORNEYS FOR DEFENDANT CYPRUS AMAX MINERALS COMPANY 3 of 13 3

4 EXHIBIT A DEFENDANT CYPRUS AMAX MINERALS COMPANY S DESIGNATION OF MASTER EXPERT WITNESSES 1. The medical experts identified by Cyprus Amax Minerals Company, (hereinafter CAMC ) have been deposed in the past, and in many instances, by the Plaintiffs law firm trying the instant case. The following subjects define the scope of CAMC s medical experts and are incorporated by reference into their designations: a. anatomy and function of the respiratory, circulatory, and digestive systems and the diagnosis and treatment of disease affecting such systems; b. the nature of asbestos, talc, asbestos exposure, talc exposure and so called asbestos-related diseases; c. the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; d. the nature and extent of medical and scientific knowledge regarding any association of restrictive pulmonary disease, obstructive pulmonary disease, hereditary disease, idiopathic disease and cancer with asbestos fiber exposure and/or talc exposure; e. the effect of exposure to substances other than asbestos, including, inter alia, tobacco smoke and dust particles, 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; f. methods of obtaining diagnoses of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; g. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; h. the medical and scientific import of exhibits introduced as evidence and items prepared for use as demonstrative aids; i. cigarette smoking and its effect on the lung, other organs and the body s defense mechanisms including the mucocilliary escalator, and the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; j. the relative risk of CAMC s talc products and the lack of any association between those talc products and any asbestos-related diseases; k. difference between impairment and disability; 4 of 13 4

5 l. effect of asbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; m. the lack of a relationship between the presence of pleural plaques and a later development of any form of cancer; n. cancer incidence in the general population, among asbestos workers, workers from different trades, and among other designated populations, and its potential causes; o. the history of evolution and knowledge of asbestos-related diseases; p. various asbestos fiber types, including crocidolite, amosite, tremolite, chrysotile, and exposure levels considered to be substantial in causing asbestos-related disease, specifically mesothelioma, and producing causes; q. opinions relevant to a Daubert/Havner/Robinson analysis on the expert s field of expertise; r. issues raised by Plaintiff s expert(s) once a deposition is taken. 2. Similarly, the state of the art, scientific experts, such as industrial hygienists, that have been identified by CAMC also have been deposed in the past, and in many instances, by the Plaintiffs law firm trying the instant case. The following subjects define the scope of CAMC s non-medical experts and are incorporated by reference into their designations: a. Analysis of fact witness testimony, documentary evidence, and material information on sites identified by Plaintiffs to derive opinions pertaining to alleged work site exposure to talc and/or asbestos fibers; b. applicability of TLV s, permissible exposure levels under OSHA, NIOSH, ACGIH, and other industrial, commercial and residential standards; c. exposure potential and health and safety risks relating to talc and/or alleged asbestos-containing products identified by Plaintiffs; d. the state of the art with respect to talc and/or asbestos in the field of industrial hygiene and in particular, knowledge regarding the effects of asbestos exposure and its control during the period relevant to Plaintiffs case; e. methodologies of identifying and measuring asbestos in air; f. knowledge of the composition and asbestos content, if any, of the products identified by Plaintiffs; g. the ability of the products identified by Plaintiff and co-workers to emit asbestos fiber under the conditions identified; 5 of 13 5

6 h. knowledge of the geology and mineralogy of talc and talc deposits; i. the conversion of alleged asbestos exposure to time-weighted averages for comparison to the OSHA PEL, and historical threshold limit values; j. knowledge regarding the dose-response relationship between exposure to talc and/or asbestos and disease; k. opinions relevant to a Daubert/Havner/Robinson analysis on the expert s field of expertise; l. any matter raised by experts called by Plaintiff or any co-defendants. 3. Any and all medical doctors or other experts, including those retained by any Defense Trust group, to the extent not otherwise disclosed or objected to by CAMC (collectively referred to herein as the Medical Doctors ). The Medical Doctors may offer testimony in the areas of general medicine, respiratory system structure and function, the causes, mechanisms and epidemiology of pneumoconiosis and carcinogenesis in general and of asbestos-related diseases in particular and the diagnosis of asbestos-related diseases. The Medical Doctors may also testify concerning the concepts of dose-response and threshold and of the applicability of those concepts to asbestos-related disease. In addition, the Medical Doctors may offer testimony concerning fiber types and fiber distinctions with respect to asbestos and asbestos-related diseases. The Medical Doctors may also offer testimony concerning the epidemiology of lung-related disease. All of the above Medical Doctors will base their testimony on their education, experience, research and review of relevant medical, scientific and technical literature concerning the above topics. The Medical Doctors may be called to testify about the Plaintiff s/decedent s alleged diagnosis, medical conditions, treatment and causation based upon physical examination or review of medical records, radiology, pulmonary function tests, pathology, etc. The Medical Doctors may testify about and offer opinions regarding the merits of Plaintiff s claims and the defenses offered by CAMC, including opinions on diagnosis, liability, damages and causation issues in this case. The Medical Doctors may also testify as to any other matter raised by experts called by Plaintiffs, any co-defendants or any other matter which the Medical Doctors may be so qualified to testify. CAMC also reserves the right to call any of Plaintiff s/decedent s treating, consulting, or reviewing physicians. 4. (1) STANLEY J. GEYER, MD, Geyer Pathology Services, LLC, 3 Willow Farms Lane, Pittsburgh, PA Dr. Geyer is a specialist in pathology and earned his Medical Degree from Jefferson Medical College, in Philadelphia, Pennsylvania. Based on his knowledge, experience, training, and his review of the relevant medical and scientific literature and plaintiff s 6 of 13 6

7 medical records and case materials, he is expected to testify about the pathology of asbestos in general and with particular reference to the plaintiff to include any or all of the following areas: (a) the history of the evolution of knowledge of asbestos-related diseases; (b) the development of medical and scientific community knowledge of asbestos; (c) the anatomy and physiology of the respiratory system, (d) occupational and non-occupational/environmental exposure to asbestos; (e) lung cancer to include clinical presentation, epidemiology, incidence, dose response, the relationship to cigarette smoking, the synergistic effect between cigarette smoking and asbestos exposure, asbestos fiber type, asbestos fiber size, relationship between asbestosis and lung cancer risk, types of lung cancer, clinical, and pathologic features and prognosis and other malignancies allegedly related to asbestos exposure to include epidemiology, clinical and pathologic features and whether asbestos exposure is causative; (f) the nature and extent of medical and scientific knowledge regarding whether there is an association of obstructive pulmonary disease with asbestos fiber exposure; (g) the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive condition and diseases of the respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; and (h) methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other nonasbestos related diseases. Dr. Geyer also may provide testimony regarding whether plaintiff s alleged exposure to talc, of any, is a substantial factor in causing plaintiff s alleged disease and plaintiff s prognosis. Dr. Geyer may also review and offer comment or criticism in response to the opinions of other witnesses in this case. Dr. Geyer may also testify about fiber burden analysis and its reliability in determining the type(s) of fibers to which a person was exposed in the past and those which can be implicated as the cause of disease. Where applicable, Dr. Geyer will explain the results of any available fiber burden analysis done on Plaintiff specifically, what those results show about the cause(s) of Plaintiff s disease or condition, and will assess the reliability of those results. Dr. Geyer has agreed to testify at trial (live or by video) and will be sufficiently familiar with the case to provide meaningful deposition testimony regarding his opinions and their bases. Dr. Geyer s fee for providing deposition testimony and for consulting is $600 per hour. His curriculum vitae will be provided to any party hereto upon request. (2) BRIAN DALY, CIH, PE, Hygiene Technologies International, Inc., 3625 Del Amo Boulevard, Suite 180, Torrance, California, Mr. Daly is a board certified industrial hygienist with over 30 years of professional experience in human health risk assessment. He is an industrial hygienist, safety engineer, and environmental health scientist, and maintains degrees in Health Science, Environmental and Occupational Health. He has experience in the areas of occupational hygiene, industrial safety, chemical hazard assessment, microbial growth and exposure assessment, noise exposure evaluation and control, indoor air quality, injury and illness prevention, health and safety training, and emergency response coordination. His 7 of 13 7

8 professional responsibilities include the anticipation, recognition, evaluation, and control of chemical, physical, and biological stressors, and identification and control of safety hazards in varied indoor and outdoor occupational, residential, and commercial building environments. (3) FRANCO MONTICELLI, Pinerolo, Italy. Mr. Franco Monticelli is a geologist and the former mine director at the Val Germanasca mine. He is expected to testify regarding the geology and the mineralogical composition of the source talc within the Val Germanasca mine. Mr. Monticelli is also expected to testify concerning the talc mining history, geography, and geology of the region, including whether asbestiform minerals are located within the talc mining deposits there and the program of testing talc for asbestos. Mr. Monticelli also plans to testify about his former duties as the mine geologist and, later, mine director. He may provide an overview of the talc mining process, including exploration, mining, sorting, and milling. He also expects to testify regarding the process of core drilling (the mining exploration method used to determine the mineralogical content of a mining area). Mr. Monticelli will also testify about the use of Val Germanasca talc in pharmaceutical and cosmetic products. Mr. Monticelli s testimony will be based on his training, experience, education, and review of relevant materials. His fees will be made available upon request. (4) BROOKE T. MOSSMAN, Ph.D.; University of Vermont College of Medicine, Department of Pathology, 139 Beaumont Avenue, Given Building, Burlington, VT Dr. Mossman is an expert in asbestos-induced diseases, particularly the field of fiber carcinogenesis and the toxicity or carcinogenicity of certain amphibole particles. Dr. Mossman is currently a Professor of Pathology, Professor Emeritus, and University Distinguished Scholar at the University of Vermont, where she obtained her Ph.D. in cell biology in Dr. Mossman has been studying the roles of asbestos fibers in the induction of lung cancers, asbestosis, and mesotheliomas for over 40 years. Dr. Mossman s work serves as a foundation for significant amounts of research on asbestos-related diseases. Dr. Mossman has elucidated the cell signaling pathways that are implicated in the causation of mesothelioma by asbestos. She has performed inhalation studies in rodents, and studied the effects of asbestos and other minerals (serpentine and amphibole cleavage fragments of asbestos minerals, asbestos fibers, and fibrous and nonfibrous talcs) on rodent and human lung epithelial, ovarian epithelial, and mesothelial cells and organ cultures. Dr. Mossman has confirmed many of these observations in both human mesothelioma tissues and in a model of peritoneal mesothelioma involving injection of human mesothelioma cells into immunocompromised mice. Her fields of specialization include environmental toxicology, mesothelial and epithelial cell differentiation, chemical and physical carcinogenesis and cell injury, pulmonary fibrosis, oxygen free radicals, molecular biology of antioxidant enzymes in lung, and cell signaling. 8 of 13 8

9 At the University of Vermont, she has directed an Environmental Pathology training grant from the National Institute of Environmental Health Sciences ( NIEHS ) ( ), served as Director of the University s Environmental Pathology Program ( ), and is a former Chair of the Cell and Molecular Biology Program ( ). She has published more than 300 refereed papers, books, book chapters, reviews, and monographs on her research in the scientific literature, has chaired and presented her research at over 100 meetings and seminars on mechanisms of asbestos- and silica-related diseases, has received numerous awards for her research accomplishments, and has served on numerous advisory boards at other Universities as well as scientific advisory boards and study sections of the National Heart, Lung and Blood Institute ( NHLBI ), National Cancer Institute ( NCI ), American Cancer Society, NIEHS, and EPA. Dr. Mossman may testify concerning the following topics: (a) asbestos-induced carcinogenesis; (b) environmental toxicology; (c) the anatomy of lungs and functioning of the human respiratory system; (d) characteristics, nature, and properties, including toxicity, of certain asbestos fibers relevant to cancer development; (e) definitions of key terminology; (f) lack of carcinogenicity of cleavage fragments; (g) ability of fibers and particles to enter the human body, translocate to the pleura and peritoneum, and cause disease; (h) cosmetic talc as a not significant factor in mesothelioma development; and (i) contrasting cellular and animal effects of commercial amphiboles, such as crocidolite, as compared to the effects of talc including both platy and fibrous talc particles and transitional particles and amphibole cleavage fragments. Dr. Mossman may also offer opinions on modern concepts of carcinogenesis, including the mechanisms of tumor development resulting from asbestos exposure, properties of asbestos fibers associated with key activating pathways in the development of mesotheliomas, the experimental studies showing that cleavage fragments, intergrowth fibers, and particles similar in chemistry to asbestos and talc particles are non-reactive, and topics relevant to alleged mesothelioma caused by exposure to cosmetic talcum powder. Dr. Mossman may also testify regarding her review of scientific literature, documents, testimony, or other materials produced in these matters or entered into evidence. Dr. Mossman may also testify regarding matters referred to by other Imerys experts in these cases. Dr. Mossman may also provide testimony in response to the opinions and testimony of Plaintiff s experts. Dr. Mossman s curriculum vitae, which highlights her background, education, and professional experience and activities, is provided herewith. (5) JULIE PIER, Denver, CO Julie Pier is an Imerys employee who may testify about corporate history, corporate operations, and corporate product testing. She is an expert in the fields of minerology, microscopy, and/or asbestos analysis. Ms. Pier may be called to offer opinions related to her duties, including the testing, production and uses of Imerys s talc. 9 of 13 9

10 (6) DR. JOSEPH V. RODRICKS, Ramboll, 4350 North Fairfax Drive, Suite 300, Arlington, VA Joseph Rodricks, PhD is an expert on the United States Food and Drug Administration s ( FDA ) regulation of consumer products, including food and cosmetics, and other consumer products. Dr. Rodricks experience with the regulation of consumer products and accompanying industries spans five decades, including 15 years at the FDA. During his tenure with the FDA, Dr. Rodricks provided scientific advice to agency policy makers on many issues, most having to do with the safety of regulated substances. For more than 11 of those years he was in the agency s food bureau, where both food and cosmetics were regulated. For nearly 4 years, he reported directly to the Commissioner of the FDA serving as Associate Commissioner for Health Affairs. In this capacity, he provided scientific advice to the Commissioner on matters that rose from the Agency s several Bureaus and required Commissioner level review. During this time, Dr. Rodricks also chaired an Interagency Committee that in 1979 produced the first US government-wide guidelines on how to evaluate risks resulting from chemical exposures. After leaving the FDA, Dr. Rodricks joined with several associates to found ENVIRON International Corporation, now part of Ramboll US Corporation. He is a Director of the company s Health Sciences division and have provided toxicology, risk assessment, and regulatory guidance on over 500 projects, including chemical exposures of hundreds of different types, both occupational and non-occupational. Dr. Rodricks curriculum vitae, which highlights his background, education, and professional experience and activities, will be provided upon request. If called to testify at trial, Dr. Rodricks may be asked to describe his background, training, education, publications, presentations, and experience. Dr. Rodricks may testify regarding the FDA s authority, policies, and procedures generally, including as they relate to the regulation of the cosmetics industry and of consumer products generally, and of talc and cosmetic talcum powder specifically. Dr. Rodricks may testify about FDA procedures regarding the review and treatment of scientific questions with which the agency was required to deal, and the various mechanisms used by the agency to ensure the scientific quality and completeness of its work. Dr. Rodricks may discuss the FDA s surveillance, industry monitoring, and risk assessment work regarding cosmetic talcum powder, as well as the import behind those activities. Dr. Rodricks may also testify about the FDA s classification of various substances in terms of those substances safety with respect to consumers, as well as the methods the FDA uses to make such classifications. Dr. Rodricks may discuss the FDA s powers and protocols for regulations, its proposed regulations for talc in the 1970s, and the decision to withdraw that draft regulation and subsequent endorsement of an industrydeveloped standard for assessing the presence of asbestos in talc, a method originally proposed by the CTFA/PCPC. 10 of 13 10

11 Dr. Rodricks may also testify about the FDA s regulatory actions, responses to citizen s petitions, and official actions regarding cosmetic talc, as well as the information, policies, protocols, and meaning behind the FDA s actions. Dr. Rodricks may further testify regarding the work that has gone into the FDA s consistent conclusion that talc was never a public health concern warranting action by the FDA, including the FDA s testing and review of relevant research. Dr. Rodricks has agreed to testify at the trial of the pending action and will be sufficiently familiar with the pending action to submit to a meaningful oral deposition at the request of any party concerning the specific testimony, including any opinion and its basis, that he is expected to give at trial. Dr. Rodricks rate for providing deposition and trial testimony and for consulting is $475 per hour. (7) NOEL S. WEISS, M.D., Dr.P.H, University of Washington Department of Epidemiology Health Sciences Bldg Rm F-263 (Box ) 1959 NE Pacific Street, Seattle, WA Dr. Weiss is a Professor of Epidemiology in the Department of Epidemiology, School of Public Health and Community Medicine, University of Washington. He served as Chairman of the Department from Dr. Weiss is a Member of the Fred Hutchinson Cancer Research Center, having previously served as the Head of the Center's Cancer Surveillance System, Program of Epidemiology and Biostatistics. He is also a Member of the Institute of Medicine. Dr. Weiss' has been recognized for his excellence in the field by numerous academic and professional institutions, including the National Cancer Institute, the American College of Epidemiology and the Congress of Epidemiology. Dr. Weiss has published over 300 articles in peer reviewed scientific and medical journals. His research focus is in the area of cancer epidemiology, including the study of epidemiologic methods and of the application of these methods to the understanding of the determinants of the outcome of illness. Dr. Weiss is an epidemiologist. Depending upon the evidence and opinions offered by Plaintiffs against Defendant, if any, he may testify to the epidemiological evidence concerning the health risks of asbestos, related non-asbestiform minerals and talc, generally and as applied to plaintiff's health condition and claimed exposures. He may testify to the nature, distinguishing features and health risks of asbestos, related nonasbestiform minerals and talc. He may testify to whether the Plaintiff's alleged asbestosrelated disease can be attributed to asbestos, non-asbestiform minerals or talc, according to the epidemiological evidence. He may review and respond to the opinions offered by Plaintiffs, if any. Dr. Weiss may also provide opinions regarding Plaintiff s past and present medical conditions and may provide testimony regarding any co-morbidities or conditions affecting Plaintiff s life expectancy. His opinions would inform the legal issues of liability and causation. Dr. Weiss may testify about the science of epidemiology and the methodology for assessing causation of disease. His fee for deposition testimony will be provided. 11 of 13 11

12 (8) MATTHEW S. SANCHEZ, Ph.D., RJ Lee Group, Inc., 350 Hochberg Road, Monroeville, PA Dr. Sanchez earned his B.S., M.S., and Ph.D. in Geology from the University of Idaho. He currently works as Technical Manager of Technical Consulting Services for RJ Lee Group, Inc., and previously worked as Technical Manager of Optical, TEM, and XRD Services for RJ Lee Group, Inc. Dr. Sanchez is a member of the Mineralogical Society of America, Mineralogical Association of Canada, and Geological Society of America. He is the author of thirty-eight publications and presentations, including on the identification, characterization, and quantification of asbestos. If called to testify at trial, Dr. Sanchez may be asked to describe his background, education, training, experience, publications, and presentations. Mr. Sanchez is expected to testify about geology, mineralogy, and microscopy. He will testify regarding the mineral composition of talc, both generally and as specific to this case. He will testify in regard to his analysis of talc and why some mineral components in talc have been improperly identified as asbestos by other analysts. He will review the types of analysis conducted on talc and discuss the strengths and weaknesses of each analytical approach relative to the proper identification of asbestos. He may testify with regard to the constituents of talc and the health effects of talc. He is expected to describe what talc and asbestos are and are not from both a mineral science and regulatory perspective and to testify as to the typical uses and applications of talc/asbestos in regard to talc/asbestos exposures possibly encountered by the Plaintiff/Decedent. He may testify generally about the various uses of talc and related processes. He may testify that Plaintiff/Decedent was not exposed to talc or talc containing asbestos and about Plaintiff s/decedent s alleged exposure to products manufactured and/or supplied by Imerys did not contribute to the causation of Plaintiff s/decedent s disease. He may also provide testimony regarding historical literature and other applicable government regulations and evaluations of talc and asbestos and their importance to Imerys s products. He may respond to the opinions or testimony of any of Plaintiff s or Co-Defendant s experts or fact witnesses. Mr. Sanchez s testimony will be based on his training, experience, education, and review of the literature concerning talc and asbestos. For further clarification of Mr. Sanchez s opinions, he will be made available for deposition at a mutually convenient time by contacting Imerys s counsel. 5. CAMC reserves the right to elicit testimony from any medical provider, (including but not by way of limitation, any and all treating physicians, attending physicians, screening physicians, and pathologists) of Plaintiff/Decedent. By making such designation, however, CAMC does not adopt or concede the accuracy or correctness of all testimony by such individuals. 12 of 13 12

13 6. CAMC reserves the right to cross-examine any expert witness disclosed by Plaintiff/Decedent or any other Defendants in this cause. 7. CAMC also reserves the right to supplement and amend this list up to and including the time of trial. 8. CAMC may call any witness duly identified by any other defendant who performs either an independent medical examination of Plaintiff/Decedent or who reviews medical records or reviews the pathology of Plaintiff/Decedent. Such IMEs and records reviews are typically arranged by one defendant on behalf of many others, and CAMC may not know the identity of all such doctors or may not otherwise be able to timely supplement with regard to their qualifications, opinions, etc. 9. CAMC intends to introduce expert testimony of Dr. Kevin Browne through the transcript of his videotaped deposition taken March 7, 1994, before Denise M. Lombardo, CSR #5419, Aiken & Welch, Inc., Certified Shorthand Reporters, One Kaiser Plaza, Suite 505, Oakland, CA 94612, (510) The nature of his testimony is known to Plaintiff s/decedent s counsel. Said deposition of Dr. Browne was taken as a master deposition in the matter of In Re Complex Asbestos Litigation, San Francisco County Superior Court Action No of 13 13