FILED: NEW YORK COUNTY CLERK 10/27/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 10/27/2016

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1 FILED: NEW YORK COUNTY CLERK 10/27/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 10/27/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: ROBERT DUANE ALTMAN and NANCY BROWN ALTMAN, - against - Plaintiffs, NYCAL Index No.: /2016 DEFENDANT, DAIMLER TRUCKS NORTH AMERICA LLC s DESIGNATION OF EXPERT WITNESSES ADVANCED AUTO SUPPLY, et al., Defendants. Defendant, Daimler Trucks North America LLC, s/h/a Freightliner Corporation, Individually and as Successor to Western Star Trucks (hereinafter, DTNA or Defendant ), by its attorneys Nixon Peabody LLP, as and for its Designation of Expert Witnesses for this case, states as follows: I. INTRODUCTION 1. DTNA designates the following expert witnesses with the accompanying descriptions. The designations of specific experts may be supplemented or amended, where appropriate, with Plaintiff-specific disclosures as soon as sufficient information is obtained from Plaintiff, including medical records, original x-rays, pulmonary function information, pathology material and other documents, items and information that can come only from the Plaintiff that are relevant to expert witness disclosures. Other expert witness designations may also be supplemented as a result of product identification, industrial hygiene, work site and employment information that has yet to be produced and/or obtained and from site visits that have not yet been conducted and/or from non-party discovery, including discovery of Plaintiff s employer(s). 1 of 32

2 2. DTNA also incorporates by reference the expert witness designations of all other co-defendants to the extent that such experts are not inconsistent with the positions taken by DTNA in this case. 3. DTNA may also reduce the number of witnesses designated herein as soon as it has had an opportunity to review the expert witness designations of the Plaintiff and other defendants and is able to process the outstanding information described in Paragraph 1 and make final designations. II. EXPERTS The following is a brief narrative of each expert witness s qualifications and a brief statement of the general substance of the testimony that said experts are expected to give at trial: 1. DOMINIK D. ALEXANDER, Ph.D., M.S.P.H. EpidStat Institute 2100 Commonwealth Boulevard, Suite 203 Ann Arbor, Michigan Dr. Alexander is an epidemiologist with extensive experience in health research methodology, meta-analysis, and disease causation, particularly in the conceptualization, design, analysis, and interpretation of epidemiologic studies. Dr. Alexander received his B.S. in Community Public Health from the University of Minnesota in 1997; his M.S.P.H. in Epidemiology and Biostatistics from the University of South Florida, College of Public Health in 2001; and his Ph.D. in Epidemiology from the University of Alabama-Birmingham, School of Public Health in He has published on a diverse range of topics and types of studies, including original epidemiologic research, qualitative reviews, systematic weight-of-evidence assessments, and quantitative meta-analyses. Dr. Alexander is expected to testify that there is no epidemiological evidence indicating a statistically-significant increased risk of mesothelioma, lung cancer, asbestosis, or other asbestos-related diseases for garage mechanics or others from of 32

3 their work with asbestos-containing friction materials. He is expected to testify that exposure to asbestos-containing automotive products does not place a person at a statistically-significant risk of developing an asbestos-related disease. He will further testify that the Plaintiff s alleged exposure to the Defendant s asbestos-containing automotive/vehicle products, if any, did not cause any injury, illness, or disease to Plaintiff. Dr. Alexander s mental impressions, opinions, and testimony will be based upon his education, training, and experience, as well as upon the epidemiological, scientific, and medical literature relating to asbestos, asbestos-related diseases, and asbestos-containing friction and automotive/vehicle products. 2. CHARLES L. BLAKE, C.I.H. Bureau Veritas North America, Inc Chastain Meadows Parkway Kennesaw, Georgia Mr. Blake is a Certified Industrial Hygienist with Bureau Veritas North America, Inc. He is expected to testify regarding general industrial hygiene principles and the role of the industrial hygienist in proper occupational airborne sampling. He will also discuss the exposures of persons who perform brake maintenance work, as those exposures are reported in both the peer-reviewed and National Institute for Occupational Safety and Health ( NIOSH ) literature. He will opine that the exposures of such persons are low dose exposures, generally at or beneath the Occupational Safety and Health Administration ( OSHA ) levels. He will opine that such exposures do not create the risk of contracting asbestos-related diseases. Mr. Blake is also knowledgeable about vehicle maintenance procedures and he will be called upon to testify regarding the specifics of some of those procedures. Mr. Blake s testimony will also include discussion of protocols established by both OSHA and the scientific community for occupational airborne sampling. He will also discuss the differences between direct and indirect filter of 32

4 preparation vis-a-vis occupational airborne sampling. He will opine that indirect filter preparation is inappropriate for occupational airborne sampling. He will further opine on the limited use of Tyndall lighting and its lack of precision with regard to occupational airborne sampling. His testimony may also include demonstrative videotapes of sonication and Tyndall lighting, and of occupational airborne sampling of brake work. His testimony may also include a discussion of any studies he has done regarding occupational airborne asbestos and brake work. Mr. Blake will provide testimony regarding the field of industrial health, industrial hygiene and epidemiology generally and particularly, as it relates to exposure to asbestos, health risk assessment, product issues with respect to alleged asbestos exposures, substantial exposure factors, the relative and absolute potentials of various asbestos products to produce dust, industrial hygiene and environmental standards and their basis, workplace practices, control technology, and process specific aspects of exposure, and general industrial hygiene issues, including ventilation and distance/exposure potential. Mr. Blake will testify in the areas of asbestos and related epidemiology, field sampling, and laboratory measurement. He will testify regarding the possibilities of any products in question to develop friable asbestos and whether as such it poses any risk of harm. He may also be asked to respond to the testimony and documents of witnesses offered at the time of trial or in deposition, but not limited to, testimony of witnesses offered by Plaintiff. He may also present historical state-of-the-art discussion relative to asbestos health effects, industrial health, epidemiology, regulation and public policy. 3. ERIC J. CHATFIELD, Ph.D. Chatfield Technical Consulting Limited 2071 Dickson Road Mississauga, Ontario L5B 1Y8 Canada Dr. Chatfield is an Electron Microscopist who may testify, either live or by deposition, regarding air sampling and testing procedures for analysis by electron microscope of 32

5 He may testify about differences among types of asbestos fibers and their characteristics and uses in various products. He may testify about tests done on various asbestos-containing products, including friction products, and the content and ratios of the constituents of those products. Dr. Chatfield may also testify about any matter raised by experts called by Plaintiff or any codefendant. 4. ANDREW M. CHURG, M.D., Ph.D. University of British Columbia Department of Pathology and Laboratory Medicine 2211 Westbrook Mall Vancouver, British Columbia V6T-2B5 Canada Dr. Andrew M. Churg may be called to testify regarding pathology aspects of the case as well as regarding the lack of causation between Plaintiff s condition and alleged asbestos exposure. Dr. Churg s mental impressions, opinions, and testimony will be based upon his education, training, and experience 5. JOHN E. CRAIGHEAD, M.D., F.A.S.C.P. University of Vermont Department of Pathology 108 Fourwinds Road Ferrisburg, Vermont Dr. John E. Craighead may testify regarding the pathological aspects of the case, Plaintiff s medical condition, issues of alternative causation, and life-shortening problems not related to alleged asbestos exposure. Dr. Craighead s mental impressions, opinions, and testimony will be based upon his education, training, and experience 6. JAMES D. CRAPO, M.D. National Jewish Medical and Research Center 4650 South Forest Street Englewood, Colorado Dr. Crapo is a licensed physician, pulmonologist, and Chairman of the Department of Medicine at National Jewish Medical and Research Center. Dr. Crapo is board-certified in of 32

6 Internal Medicine and Pulmonology. He received his medical degree from the University of Rochester in Dr. Crapo may testify regarding the respiratory system s defense mechanisms, inflammatory processes, fibrosis, and other issues related to the human respiratory system. Dr. Crapo may testify regarding the effects of inhalation of asbestos upon the pleural cavity as well as the etiology and progression of asbestos-related diseases. He is expected to testify concerning issues of respiratory toxicology, exposure thresholds, and dose-response principles in the occupational setting. He may also testify regarding his knowledge of lungs and thoracic organ functions, Plaintiff s medical condition, issues of alternative causation, and lifeshortening problems not related to alleged asbestos exposure. Dr. Crapo may also testify regarding the determination of the relative risks of suffering personal injury or death as a result of exposure to various asbestos-containing products in occupational settings. He may also testify regarding the existence or non-existence of any alleged asbestos-related disease in the Plaintiff, including but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer, and gastrointestinal cancer, where applicable. Dr. Crapo will also testify on general medicine issues regarding asbestos-related diseases including, but not limited to, lung physiology, lung function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular disease. He will further testify that any asbestos-related disease allegedly suffered by Plaintiff was not proximately caused by exposure to the asbestos-containing products of this Defendant. 7. GARY N. CRAWFORD, C.I.H. Environ 8725 West Higgins Road, Suite 725 Chicago, Illinois Mr. Crawford holds a certification from the American Board of Industrial Hygiene in Air of 32

7 Pollutions Aspects of Industrial Hygiene and is also certified in Indoor Environmental Quality by the American Board of Industrial Hygiene. Mr. Crawford will testify in the areas of retrospective exposure assessment, health risk assessment, product apportionment with respect to asbestos exposures, substantial exposure factors, the relative and absolute potentials of various asbestos products to release asbestos fibers and/or produce dust, industrial hygiene and environmental standards and their basis, federal and state regulations regarding asbestos as well as guidelines set by non-government groups including the American Conference of Governmental Industrial Hygienists ( ACGIH ), control technology, asbestos-related measurement techniques, general industrial hygiene issues including the effects of ventilations and distance on exposure, and related subjects. He may also testify on the state-of-the-art in the field of industrial hygiene. He may critique the analysis, methods and tests used by Plaintiff s experts regarding Plaintiff s alleged asbestos exposure, exposure levels, techniques for measuring asbestos exposure, and the release of asbestos fibers from various asbestos-containing products. He may also respond to any industrial hygiene issue raised by either expert or fact witnesses called by any party. 8. GARY R. EPLER, M.D. Brigham and Women s Hospital Pulmonary and Critical Care Medicine 75 Francis Street Boston, Massachusetts Dr. Gary R. Epler is a licensed physician with board certifications in Internal Medicine and Pulmonary Medicine. Dr. Epler graduated from Tulane University School of Medicine in 1971 and has been in practice for over forty (40) years. He is a currently a pulmonary disease specialist at Brigham & Women s Hospital Center for Chest Disease in Boston, MA and is also affiliated with Boston Children s Hospital and Dana Farber Cancer Institute. In additional to his clinical work, Dr. Epler is also an Associate Professor of Medicine at Harvard Medical School. Dr. Epler may testify regarding his knowledge of lungs and thoracic organ functions, of 32

8 Plaintiff s medical condition, issues of alternative causation, and life-shortening problems not related to alleged asbestos exposure. He is expected to testify regarding the effects of inhalation of asbestos upon the pleural cavity as well as the etiology and progression of asbestos-related diseases. He may also testify regarding the determination of the relative risks of suffering personal injury or death as a result of exposure to various asbestos-containing products in occupational settings. Dr. Epler may also testify regarding the existence or non-existence of any alleged asbestos-related disease in the Plaintiff, including but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer, and gastrointestinal cancer, where applicable. He will also testify on general medicine issues regarding asbestosrelated diseases including, but not limited to, lung physiology, lung function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular disease. He may also testify regarding the background levels of asbestos fibers in human tissue that do not represent disease and background or ambient air exposure that exist which are not related to producing disease. He will further testify that any asbestos-related disease allegedly suffered by Plaintiff was not proximately caused by exposure to the asbestos-containing products of this Defendant. 9. BRENT L. FINLEY, Ph.D., D.A.B.T. Cardno ChemRisk, LLC 25 Jessie Street, Suite 1800 San Francisco, California Dr. Brent Finley is a board certified toxicologist (Diplomat of the American Board of Toxicology) with twenty (20) years of experience and expertise in occupational health, risk assessment, toxicology, and exposure reconstruction. In 1986, Dr. Finley obtained his Ph.D. in Toxicology and Pharmacology from Washington State University. He is currently a Managing Principal Health Scientist and Executive Vice President of Cardno ChemRisk, LLC, a consulting of 32

9 firm focused on human health risk assessment. Dr. Finely has been involved in the preparation of more than four hundred (400) risk assessments, has published twenty-five (25) papers in the last four (4) years, and has been an invited speaker at numerous technical seminars. He has studied the health effects of exposure to a wide range of chemicals, including asbestos, petroleum-based products, chlorinated solvents, chromium, dioxins, and PCBs. Dr. Finley s qualifications are more fully outlined in his curriculum vitae, which is available upon request. Dr. Finley may be called to offer testimony in the following areas: in vitro and in vivo studies involving asbestos fibers and the significance of those studies in evaluating the potential human health effects of asbestos exposure; the development of scientific knowledge regarding asbestos; the physical and chemical properties of different asbestos fiber types and the relevance of those differences for disease causation; reconstruction and other industrial hygiene standards and principles, including but not limited to the historic and current Threshold Limit Values and Permissible Exposure Limit ( TLV/PEL ) values, air monitoring, and fiber counting protocols; the epidemiology of asbestos-related diseases; the science of risk assessment as it relates to exposure to asbestos in general and chrysotile-containing friction components; and the likelihood that Plaintiff s claimed asbestos-related disease was caused by exposure to friction components containing Grade 7 chrysotile and/or other asbestos-containing products. 10. DAVID H. GARABRANT, M.D., M.P.H., M.S., FACOEM, FACPM University of Michigan School of Public Health 109 South Observatory M6529A SPHII Ann Arbor, Michigan Dr. Garabrant is an Emeritus Professor of Occupational Medicine and Epidemiology in the University of Michigan, School of Public Health. Dr. Garabrant attended Tufts University School of Medicine, and the Harvard School of Public Health where he received a Masters in Public Health in 1979 and a Masters in Occupational Medicine in Dr. Garabrant s of 32

10 residency was taken at the Harvard University Medical Center. He has taught at the Boston School of Medicine, University of Southern California School of Medicine, and he joined the faculty at the University of Michigan, School of Public Health in He is board certified in Internal Medicine and Preventative Medicine with a sub-specialty certification in Occupational Medicine. Dr. Garabrant will discuss the science of epidemiology and the differences between case reports and the various types of epidemiological studies. He will explain standard mortality ratios and their use in epidemiology. He will discuss the interpretation and trustworthiness of epidemiological studies, including the Bradford-Hill criteria. Dr. Garabrant will discuss the epidemiological literature relating to chrysotile and the risk of mesothelioma in various occupations, including brake repair work. He will discuss the studies which have measured the asbestos exposure of brake mechanics and whether brake mechanics are at an increased risk for mesothelioma and/or lung cancer. Dr. Garabrant will discuss the literature as it relates to the content of brake dust and whether brake dust causes cancer. He will discuss the state of medical knowledge with respect to the causation of mesothelioma and other types of cancer. 11. RICHARD GARRISON, Ph.D., C.I.H., C.S.P. Garrison Industrial Health, LLC 1645 Northbrook Drive Ann Arbor, Michigan Dr. Garrison is a Certified Industrial Hygienist. He will testify generally about the science of Industrial Hygiene and how it relates to asbestos exposure. He will testify about the various studies that have been conducted on the content and size of asbestos fibers in brake dust, and the conclusions he draws from those studies. He will testify about the various studies that have been conducted on the exposure of person working on brakes to asbestos fibers and the conclusions he draws from those studies. He will also discuss the studies that have been done on the cumulative of 32

11 lifetime exposure of a mechanic to asbestos fibers and how that exposure compares with other occupational exposures. He will discuss the relationship between Threshold Limit Values and the exposure of persons working with brake linings. He will comment on statements made by the Environmental Protection Agency ( EPA ) on the exposure of persons working with brake linings to asbestos fibers. Dr. Garrison will also testify about Plaintiff s occupational and paraoccupational exposure to asbestos from all sources and will give his analysis and opinions on the occupational and para-occupational exposures of Plaintiff to asbestos fibers, including but not limited to, levels of exposure Plaintiff incurred and Plaintiff s cumulative asbestos fiber dose. He may also give opinions on the toxicity of various asbestos fiber types and their propensity to cause disease. 12. PATRICIA HALL, C.I.H. P.H. Hall & Associates Inc. 305 N. Newport Avenue Long Beach, California Patricia Hall is a Certified Industrial Hygienist. She is prepared to testify regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger diseases associated with asbestos and dust exposure and other related matters. She may testify about the composition and asbestos content, if any, of the products attributable to Defendant by Plaintiff, the ability of such products to emit asbestos fibers under certain conditions, and the likelihood that Plaintiff inhaled these fibers. She may testify regarding testimony given by Plaintiff s experts regarding any industrial hygiene issue, including the OSHA regulations enforcement and practices. She may testify about industrial hygiene publications and literature from the 1940 s to the present. She may also testify generally about the concept of dose-response, the evolution and use of TLV/PEL. She may testify as to issues involving re-entrainment and fiber drift. She may testify as to work practices regarding various types of occupations using of 32

12 products that contained asbestos. She may testify as to the applicability of the OSHA and EPA s guidelines as they relate to various types of asbestos-containing products. She may testify as to any matter raised by experts called by Plaintiff or any co-defendants. 13. BRYAN D. HARDIN, Ph.D., Fellow A.T.S. Veritox, Inc. Suite 4A PMB Office Park Road Hilton Head Island, South Carolina Dr. Hardin is a retired Assistant Surgeon General for the U.S. Public Health Service and former Deputy Director for the National Institute for Occupational Safety and Health (NIOSH) working in the areas of occupational health, risk assessment and toxicology. He is a member of the American College of Occupational and Environmental Medicine, the American College of Toxicology, the American Industrial Hygiene Association, and the Society of Toxicology, among other professional organizations. Dr. Hardin received the Distinguished Service Award from the International Safety Equipment Association and was named Career Scientist of the Year in 1999 by the U.S. Public Health Service. Dr. Hardin has appeared as a witness before congressional subcommittees and at public hearings on OSHA regulations, has published over fifty (50) papers, and has been an invited speaker at numerous technical seminars. Dr. Hardin will testify with respect to public health and risk assessment issues pertaining to asbestos exposure including asbestos exposure from automotive and/or vehicle repair. Dr. Hardin will testify that from a public health and risk assessment perspective, based on the weight of evidence within relevant epidemiology studies, automobile mechanics are not at any greater risk of contracting asbestos-related diseases, including mesothelioma, than the general public. He will testify that numerous epidemiological studies have been conducted examining the incidence of asbestos-related health effects in vehicle mechanics, and that these studies have consistently found no increased risk of mesothelioma in brake mechanics, whether they were servicing of 32

13 automobiles, heavy trucks and/or buses, or a combination of both. Dr. Hardin will further testify that studies of the potential impact of asbestos emissions from brake linings on ambient air quality, conducted by the U.S. Public Health Service, the EPA, automobile manufacturers, and friction product manufacturers, have concluded that the asbestos content of brake dust was significantly less than 1% (by weight). He will also testify that the scientific literature reflects that numerous mechanics have been evaluated and that from this information, 8-hour timeweighted average ( TWA ) airborne concentrations of asbestos have been determined for mechanics that are below applicable OSHA permissible exposure limits. He will also testify that scientific studies have determined that the vast majority of any asbestos fibers in brake wear debris are shorter than five (5) microns in length, and as such, do not pose a significant health risk. Dr. Hardin may also testify regarding state-of-the-art issues, risk assessment as it pertains to asbestos and health risks, and as it pertains to Plaintiff s claimed asbestos exposure and asbestosrelated injuries, including those exposures that would have placed Plaintiff as risk for asbestos disease. Dr. Hardin s mental impressions, opinions, and testimony will be based upon his educational training, professional experience, and the matters stated above. 14. PATRICK A. HESSEL, Ph.D. EpiLung Consulting, Inc. #25, Township Road 512 Spruce Grove, Alberta T7Y IC5 Canada Dr. Hessel is an epidemiologist with a focus on occupational and environmental lung diseases. He received his B.S. in Natural Science from the University of Wisconsin in 1974; his M.S. in Environmental Health from the University of Minnesota in 1978; and his Ph.D. in Epidemiology from the University of Pennsylvania in He has conducted research on pneumoconiosis (especially silicosis and asbestosis), asthma, and respiratory cancers. Throughout his research, he has reviewed and will testify about the scientific literature related to of 32

14 mesothelioma in general, the different types of asbestos, the health aspects of asbestos in general and the association and lack thereof between asbestos and cancer in various circumstances. He also reviewed and will testify about the literature on the transformation of asbestos into a harmless dust known as forsterite during the friction process. Dr. Hessel is of the opinion and will testify that there is no epidemiological evidence indicating a statistically-significant increased risk of mesothelioma, lung cancer, asbestosis, or other asbestos-related diseases for garage mechanics or others from their work with asbestos-containing friction materials. Dr. Hessel is of the opinion and will testify that exposure to asbestos-containing automotive products does not place a person at a statistically-significant risk of developing an asbestos-related disease. He will further testify that the Plaintiff s alleged exposure to the Defendant s asbestoscontaining automotive/vehicle products, if any, did not cause any injury, illness, or disease to Plaintiff. He is of the opinion and will further testify that there are a number of epidemiological studies that conclude that there is no increased risk of mesothelioma among garage mechanics. In addition, Dr. Hessel may testify about issues relevant to a Frye analysis. Dr. Hessel s mental impressions, opinions, and testimony will be based upon his education, training, and experience, as well as upon the epidemiological, scientific, and medical literature relating to asbestos, asbestos-related diseases, and asbestos containing friction and automotive/vehicle products. 15. MICHAEL A. KELSH, Ph.D., M.P.H. University of California, San Francisco th Street, Box 0560 San Francisco, California Dr. Kelsh is an Adjunct Professor of Epidemiology and Biostatistics at the University of California, San Francisco. He specializes in the application of epidemiology and biostatistics to occupational and environmental health issues. Dr. Kelsh s areas of scientific expertise include of 32

15 epidemiology, occupational and environmental health, and exposure assessment for epidemiologic studies. He may testify regarding epidemiologic studies concerning exposures to asbestos, cancer, and/or other diseases. He may discuss the science of epidemiology and the differences between case reports and the various types of epidemiological studies and measures of adverse health risk. He may discuss the interpretation of epidemiologic studies. Dr. Kelsh may also discuss his experience in conducting comprehensive literature reviews, included pooled and meta-analyses. He may discuss the epidemiologic literature relating to chrysotile and the risk of asbestos-related diseases (mesothelioma, lung cancer, and asbestosis) in various occupations, and literature related to various asbestos exposures during different tasks and occupations. He may opine that automotive mechanics are at no increased risk of developing asbestos-caused diseases. He may testify that this lack of increased risk has been demonstrated consistently throughout a variety of well-designed, peer-reviewed studies as well as incidence and mortality data collected by various government organizations. He may testify that there is no association between automotive repair work and asbestos-related disease. 16. TERRY C. LEE, Ph.D., C.I.H. Carolina EHS, Inc. Catawba Ridge Road Lake Wylie, South Carolina Dr. Lee will testify generally about the science of Industrial Hygiene and how it relates to asbestos exposure. He will testify about the various studies that have been conducted on the content and size of asbestos fibers in brake dust, and the conclusions he draws from those studies. He will testify about the various studies that have been conducted on the exposure of persons working on brakes to asbestos fibers and the conclusions he draws from those studies. He will also discuss the studies that have been done on the cumulative lifetime exposure of a mechanic to asbestos fibers and how that exposure compares with other occupational exposures. He will of 32

16 discuss the relationship between threshold limit values and the exposure of persons working with brake linings. He will comment on statements made by the EPA and others on the exposure of persons working with brake linings to asbestos fibers. Dr. Lee will also testify about Plaintiff s occupational and para-occupational exposure to asbestos from all sources and will give his analysis and opinions on the occupational and para-occupational exposures of Plaintiff to asbestos fibers, including but not limited to, levels of exposure Plaintiff incurred and Plaintiff s cumulative asbestos fiber dose. He may also give opinions on the toxicity of various asbestos fiber types and their propensity to cause disease. 17. GAYLA J. McCLUSKEY, C.I.H., C.S.P., R.O.H., Q.E.P. Global Environmental Health Services, Inc. Six Harford Lane, Suite 106 Radnor, Pennsylvania Ms. McCluskey is a Certified Industrial Hygienist as well as a Certified Safety Professional, Registered Occupational Hygienist, and a Qualified Environmental Professional. She will provide testimony regarding the field of industrial health and industrial hygiene generally and particularly, as it relates to exposure to asbestos, health risk assessment, product issues with respect to alleged asbestos exposures, substantial exposure factors, the relative and absolute potentials of various asbestos products to produce dust, industrial hygiene and environmental standards and their basis, workplace practices, workplace and environmental regulations, control technology, and process specific aspects of exposure, and general industrial hygiene issues, including ventilation and distance/exposure potential. Ms. McCluskey will testify in the areas of asbestos and related fields, field sampling, and laboratory measurement. She will testify regarding the possibilities of any products in question to develop friable asbestos and whether as such it poses any risk of harm. She may be asked to respond to the testimony and documents of witnesses offered at the time of trial or in deposition, including but not limited to, testimony of witnesses offered by Plaintiff. She may also of 32

17 present historical state-of-the-art discussion relative to asbestos health effects, industrial health, epidemiology, regulation, and public policy. 18. GERALD L. MEYERS, M.D. Alta Bates Medical Center Department of Pulmonology 2450 Ashby Avenue Berkeley, California Dr. Gerald L. Meyers may testify regarding his knowledge of lungs and thoracic organ functions, Plaintiff s medical condition, issues of alternative causation, and life-shortening problems not related to alleged asbestos exposure. Dr. Meyers mental impressions, opinions, and testimony will be based upon his education, training, and experience. 19. STEVEN MLYNAREK, Ph.D., C.I.H., Q.E.P. University of South Florida College of Public Health Bruce B. Downs Boulevard Tampa, Florida Dr. Mlynarek is a Certified Industrial Hygienist currently on the faculty of the University of South Florida, College of Public Health. He has a B.S. degree in Biology from the University of Illinois; a Masters of Science in Occupational and Environmental Health from the University of South Florida; and a Ph.D. in Environmental Health Engineering from Johns Hopkins University. Dr. Mlynarek will testify generally about the science of Industrial Hygiene and how it relates to asbestos exposure. He will testify about the various studies that have been conducted on the content and size of asbestos fibers in brake dust, and the conclusions he draws from those studies. He will testify about the various studies that have been conducted on the exposure of persons working on brakes to asbestos fibers and the conclusions he draws from those studies. He will also discuss the studies that have been done on the cumulative lifetime exposure of a mechanic to asbestos fibers and how that exposure compares with other occupational exposures. He will discuss the relationship between threshold limit values and the exposure of persons of 32

18 working with brake linings. He will comment on statements made by the EPA on the exposure of persons working with brake linings to asbestos fibers. Dr. Mlynarek will also testify about Plaintiff s occupational and para-occupational exposure to asbestos from all sources and will give his analysis and opinions on the occupational and para-occupational exposures of Plaintiff to asbestos fibers, including but not limited to, levels of exposure Plaintiff incurred and Plaintiff s cumulative asbestos fiber dose. He may also give opinions on the toxicity of various asbestos fiber types and their propensity to cause disease. 20. NORMAN P. MOSCOW, M.D. Alta Bates Medical Center Department of Radiology 2450 Ashby Avenue Berkeley, California Dr. Moscow is a radiologist. He may testify regarding interpretation of radiographic materials pertaining to Plaintiff s medical condition and whether those radiographs contain abnormalities consistent with an asbestos-related disease. Dr. Moscow s mental impressions, opinions, and testimony will be based upon his education, training, and experience. 21. DENNIS J. PAUSTENBACH, Ph.D., C.I.H., D.A.B.T. Cardno ChemRisk, LLC 25 Jessie Street at Ecker Square, Suite 1800 San Francisco California Dr. Paustenbach is a risk assessment, Industrial Hygiene, and state-of-the-art expert with a doctorate in Environmental Toxicology. Dr. Paustenbach will be prepared to offer testimony about what risks from asbestos exposure were known by health professionals over time and whether the auto industry should have been on notice that brake mechanics were at some increased risk from their exposure to asbestos from brake linings and from brake dust. Dr. Paustenbach will base his testimony on his expertise in the fields of risk assessment, toxicology, industrial hygiene, and occupational health, and the related disciplines that compromise those areas of expertise. Dr. Paustenbach s testimony will also be based on his of 32

19 review of federal regulations and publications, scientific studies on asbestos, auto industry documents, documents relied upon by Plaintiff s designated experts, and research into the brake manufacturing and brake repair process. Dr. Paustenbach will testify that asbestos exposure to certain concentration levels can cause disease and that the levels that have been considered acceptable in the workplace have changed over time as the scientific community s knowledge about asbestos has evolved. Dr. Paustenbach will further testify that even as the concentration levels of asbestos exposure considered acceptable in the workplace have been lowered, the auto industry had access to information by which it could reasonable conclude that brake mechanics were not exposed to levels of asbestos in excess of those levels. Dr. Paustenbach will also testify that the auto industry acted appropriately and responsively in light of the information and knowledge available to it, the government, and the scientific community over time. Finally, Dr. Paustenbach will testify that brake mechanics are not, and have never been, at greater risk of asbestos-related diseases than the general public. 22. SHELDON H. RABINOVITZ, Ph.D., C.I.H. Rabinovitz Consulting, Inc Botany Way North Potomac, Maryland Dr. Sheldon Rabinovitz received his Ph.D. in Physiology and Pharmacology from Wayne State University in Dr. Rabinovitz is a Certified Industrial Hygienist and Certified Asbestos Inspector. He is a member of the American Academy of Industrial Hygiene and the American Industrial Hygiene Association. Dr. Rabinovitz may be called to testify regarding mechanics asbestos exposure conditions and health effects and the fact that mechanics are not exposed to levels of asbestos that result in any disease. Dr. Rabinovitz may also testify regarding mechanics lack of asbestos exposure as of 32

20 evidenced through testing concerning brake and clutch servicing. Dr. Rabinovitz s mental impressions, opinions, and testimony will be based upon his education, training, and experience. 23. CHARLES REDINGER, Ph.D., M.P.A., C.I.H. Redinger 360, Inc. 6 Lancaster County Road, Suite 3 Harvard, Massachusetts Dr. Redinger is a Certified Industrial Hygienist with a Ph.D. in Industrial Health from the University of Michigan. He is a Principal at Redinger 360, Inc., a technical consulting firm for risk assessment, environmental health, and safety management. He is expected to testify about industrial hygiene issues related to direct and bystander exposure to the installation, maintenance and removal of asbestos-containing automotive brake linings, clutches, and gaskets, as well as from the use of numerous other materials and products that contained asbestos. He may review Plaintiff s alleged exposure to asbestos for the purpose of offering his opinions regarding Plaintiff s exposure to respirable asbestos over a period of time, if any. He may rely in this respect upon his review of testimony and evidence, published and unpublished studies, as well as his experience, training, and study in the field of Industrial Hygiene. Additionally, he is expected to testify as to the state-of-the-art at relevant periods of time based upon his review of the literature and his own experience. He may also critique the work and testimony of Plaintiff s experts, and may testify based upon evidence introduced upon the trial of this action. 24. COREEN A. ROBBINS, Ph.D., M.H.S., C.I.H. Veritox, Inc Redmond-Fall City Road Redmond, Washington Dr. Coreen A. Robbins is a Principal and Senior Industrial Hygienist with Veritox, Inc. She has worked as an industrial hygienist since 1986 and has served as a consultant in many investigations throughout the U.S. Dr. Robbins holds a Master s Degree in Industrial Hygiene and Safety Sciences (1989) and a Ph.D. (1995) in Environmental Sciences from the Johns of 32

21 Hopkins University. She has been a Certified Industrial Hygienist (CIH) since Dr. Robbins has experience and expertise conducting industrial hygiene surveys in indoor air quality (including mold), asbestos and man-made mineral fibers, and chemical exposure assessment. She has also provided technical and expert consulting services and expert testimony in these and other areas of industrial hygiene practice. She has evaluated numerous exposure claims associated with residential, occupational, and other environments. She has presented a variety of industrial and environmental health concepts to trade and governmental associations, citizen groups, and individuals involved in all aspects of the legal process. Dr. Robbins is a full member of the American Academy of Industrial Hygiene and the American Industrial Hygiene Association ( AIHA ) and an affiliate member of the American Conference of Governmental Industrial Hygienists. She is a current member and past chair of the AIHA Toxicology Committee and served on the AIHA s Task Force on Microbial Growth representing that committee ( ). Dr. Robbins may testify regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger diseases associated with asbestos and dust exposure, and other related matters. She may testify about the composition and asbestos content, if any, of the products attributable to Defendant by Plaintiff, the ability of such products to emit asbestos fibers under certain conditions and the likelihood that Plaintiff inhaled these fibers. She may testify regarding testimony given by Plaintiff s experts regarding any industrial hygiene issue, including the OSHA regulations enforcement and practices. She may testify about industrial hygiene publications and literature from the 1940 s to the present. She may also testify generally about the concept of dose-response, the evolution and use of threshold limit values and permissible exposure levels. She may testify as to issues involving re-entrainment and fiber drift. She may testify as to of 32

22 work practices regarding various types of occupations using products that contained asbestos. She may testify as to the applicability of the OSHA and EPA s guidelines as they relate to various types of asbestos-containing products. She may also testify generally about the concept of dose-response, the evolution and use of threshold limit values and the knowledge that Plaintiff s employers or others had available to it during certain time periods. She may also testify regarding relative risk and OSHA risk models. Dr. Robbins may offer testimony about what risks from asbestos exposure were known over time and whether the auto industry should have been on notice that brake mechanics were at some increased risk from their exposure to asbestos from brake linings and from brake or clutch dust. 25. MARK A. ROBERTS, M.D., Ph.D., M.P.H., M.Ed., FACOEM Exponent, Inc. 525 West Monroe Street, Suite 1050 Chicago, Illinois Dr. Roberts is an epidemiologist, a board certified physician, and a Fellow of the American College of Occupational and Environmental Medicine. Dr. Roberts specializes in the application of epidemiology and biostatistics to occupational and environmental health issues. His areas of scientific expertise include epidemiology, occupational and environmental health, and exposure assessment for epidemiologic studies. Dr. Roberts may testify regarding epidemiologic studies concerning exposures to asbestos, cancer, and/or other diseases. He may discuss the science of epidemiology and the differences between case reports and the various types of epidemiological studies and measures of adverse health risk. He may discuss the interpretation of epidemiologic studies. Dr. Roberts may also discuss his experience in conducting comprehensive literature reviews, included pooled and meta-analyses. He may discuss the epidemiologic literature relating to chrysotile and the risk of asbestos-related diseases of 32

23 (mesothelioma, lung cancer, and asbestosis) in various occupations, and literature related to various asbestos exposures during different tasks and occupations. He may opine that automotive mechanics are at no increased risk of developing asbestoscaused diseases. He may testify that this lack of increased risk has been demonstrated consistently throughout a variety of well-designed, peer-reviewed studies as well as incidence and mortality data collected by various government organizations. He may testify that there is no association between automotive repair work and asbestos-related disease. 26. VICTOR L. ROGGLI, M.D. Duke University Medical Center Department of Pathology Durham, North Carolina Dr. Roggli is a board certified pathologist who may give testimony regarding the pathological diagnosis of the medical condition of Plaintiff. He will further testify as to whether any given Plaintiff or Decedent had a condition or illness caused by asbestos exposure. He may also testify on the latency period related to various asbestos-related diseases and the carcinogenic properties of different types of asbestos fibers. Dr. Roggli will generally testify concerning asbestos-related diseases and the effects of exposure to various asbestos-containing products upon persons in occupational settings. He will further testify regarding the epidemiology of asbestos diseases, the criteria for diagnosis of asbestos-related disease, as well as the existence of a dose-response relationship between exposure to asbestos and asbestos-related diseases. He may also testify regarding asbestoscontaining products generally, including their asbestos fiber content, manufacture, use and their respective ability to cause or contribute to disease, including quantification of exposures to asbestos thermal system insulation products and other friable asbestos products generally used by Plaintiff. He may testify specifically regarding the content and fiber type of the asbestos of 32

24 containing products to which Plaintiff was allegedly exposed. He may further testify regarding the propensity of various asbestos fiber types to contribute to mesothelioma or other asbestosrelated disease. He may also testify regarding the determination of the relative risks of suffering personal injury or death as a result of exposure to various asbestos-containing products in occupational settings. He may also testify regarding the existence or non-existence of any alleged asbestos-related disease in the Plaintiff, including but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer, and gastrointestinal cancer, where applicable. He will also testify on general medicine issues regarding asbestosrelated diseases including, but not limited to, lung physiology, lung function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular disease. He may also testify regarding the background levels of asbestos fibers in human tissue that do not represent disease and background or ambient air exposure that exist which are not related to producing disease. He will further testify that any asbestos-related disease allegedly suffered by Plaintiff was not proximately caused by exposure to the asbestos-containing products of this Defendant. He may also testify regarding government regulations applicable to Defendant s products and whether these products are unreasonably dangerous. Dr. Roggli 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 and the relationship between smoking and alleged asbestosrelated diseases, generally and with respect to this Plaintiff. He will testify regarding the legal contribution if any, of smoking and asbestos, if any, to this Plaintiff s disease. Generally and with respect to a particular Plaintiff, he may testify as to his review and interpretation of x-ray films, review and interpretation of pulmonary function testing, the nature of 32

25 and extent of any impairment or disability, whether a condition is progressive and whether other diseases or conditions are present in Plaintiff. He will give an opinion that Plaintiff s use, installation, removal or contact, if any, with this Defendant s products cannot and did not cause or contribute and were not a substantial factor or producing cause of this Plaintiff s mesothelioma/lung cancer. Dr. Roggli s testimony will be based on one or more of the following; his training, experience, education, publications and review of the medical, governmental and scientific literature and various air sampling studies, work facility inspections and documents, where applicable, as well as review of medical records, fiber burden or digestion studies performed by another physician, chest films, and all pathology materials. 27. ROLAND SCHWARTING, M.D. Cooper University Hospital Chairman and Chief, Department of Pathology and Laboratory Medicine One Cooper Plaza Camden, New Jersey Dr. Roland Schwarting is a pathologist with board certification in anatomic and clinical pathology as well as hematopathology. Dr. Schwarting is also a professor of pathology and holds academic appointments at Rowan University and Robert Wood Johnson University. Dr. Schwarting will generally testify concerning asbestos-related diseases and the effects of exposure to various asbestos-containing products upon persons in occupational settings. He will further testify regarding the epidemiology of asbestos diseases, the criteria for diagnosis of asbestos-related disease, as well as the existence of a dose-response relationship between exposure to asbestos and asbestos-related diseases. He may also testify regarding asbestoscontaining products generally, including their asbestos fiber content, manufacture, use and their respective ability to cause or contribute to disease, including quantification of exposures to asbestos thermal system insulation products and other friable asbestos products generally used by of 32

26 Plaintiff. He may testify specifically regarding the content and fiber type of the asbestoscontaining products to which Plaintiff was exposed. He may further testify regarding the propensity of various asbestos fiber types to contribute to mesothelioma or other asbestos-related disease. He may also testify regarding the determination of the relative risks of suffering personal injury or death as a result of exposure to various asbestos-containing products in occupational settings. He may also testify regarding the existence or non-existence of any alleged asbestos-related disease in the plaintiff, including but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer, and gastrointestinal cancer, where applicable. Dr. Schwarting will also testify on general medicine issues regarding asbestos-related diseases including, but not limited to, lung physiology, lung function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular disease. He may also testify regarding the background levels of asbestos fibers in human tissue that do not represent disease and background or ambient air exposure that exist which are not related to producing disease. He will further testify that any asbestos-related disease allegedly suffered by Plaintiff was not proximately caused by exposure to the asbestos-containing products of this Defendant. He may also testify regarding government regulations applicable to Defendant s products and whether these products are unreasonably dangerous. Dr. Schwarting 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 and the relationship between smoking and alleged asbestos-related diseases, generally and with respect to this Plaintiff. He will testify regarding the legal contribution if any, of smoking and asbestos, if any, to this Plaintiff s disease of 32