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1 GILBERT L. PURCELL, ESQ., S.B. #113603
JAMES P. NEVIN, ESQ., S.B. #220816
2 PHILIP M. VAN AELSTYN, ESQ., S.B. #220844
pvanaelstyn@braytonlaw.com ELECTRONICALLY
3 BRAYTONËœPURCELL LLP
Attorneys at Law
F I L E D
Superior Court of California,
4 222 Rush Landing Road County of San Francisco
P.O. Box 6169 01/13/2022
5 Novato, California 94948-6169 Clerk of the Court
(415) 898-1555 BY: ERNALYN BURA
6 Deputy Clerk
Attorneys for Plaintiffs
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 CAROL CHULICK, as Successor-in- ) ASBESTOS
Interest to and as Wrongful Death Heir of ) No. CGC-19-276757
12 JOHN CHULICK, Deceased; and )
NOVATO, CALIFORNIA 94948-6169
DEBORAH HAGEN and JOLEEN ) DECLARATION OF PHILIP M. VAN
BRAYTONËœPURCELL LLP
222 RUSH LANDING ROAD
13 HAGLER, as Wrongful Death Heirs of ) AELSTYN IN SUPPORT OF
ATTORNEYS AT LAW
JOHN CHULICK, Deceased, ) PLAINTIFFS’ OPPOSITION TO JOINT
(415) 898-1555
P O BOX 6169
14 ) DEFENSE MOTION IN LIMINE TO
Plaintiffs, ) EXCLUDE 2007 FILMS AND THE
15 ) TESTIMONY, OPINIONS AND/OR
vs. ) REPORTS OR DR. DANIEL POWERS
16 ) WHICH RELIED UPON THOSE FILMS
RILEY POWER INC., et al., )
17 )
Defendants. ) [JOINT DEFENSE MIL NO. 2]
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19 Trial Date: December 27, 2021
Dept. 502, Hon. Jeffrey S. Ross
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21 I, Philip M. van Aelstyn, declare as follows:
22 1. I am an attorney at law duly licensed to practice before all courts in the State of
23 California and am an associate with the law firm of BraytonËœPurcell LLP, attorneys of record
24 for plaintiffs herein and, as such, am fully familiar with the facts of this case, and if called as a
25 witness regarding the matters set forth below, I would so testify.
26 2. Attached hereto as Exhibit A is a true and correct copy of the Review of Pathologic
27 and Written Material prepared by Dr. Richard Sobonya, M.D., dated September 24, 2018.
28 ///
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K:\Injured\26244\TRIAL\decl pmv opp jnt mil no. 2 excl 2007 films and tst of Powers.wpd PMV
DECLARATION OF PHILIP M. VAN AELSTYN IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO JOINT DEFENSE MOTION IN
LIMINE TO EXCLUDE 2007 FILMS AND THE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS WHICH
RELIED UPON THOSE FILMS
1 3. Attached hereto as Exhibit B is a true and correct copy of the Deposition of Dr.
2 Daniel Powers taken in this matter on December 21, 2021.
3 I declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
A
5 Executed on January 13, 2022 at Novato, California.
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Philip M. van Aelstyn
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K:\Injured\26244\TRIAL\decl pmv opp jnt mil no. 2 excl 2007 films and tst of Powers.wpd PMV
DECLARATION OF PHILIP M. VAN AELSTYN IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO JOINT DEFENSE MOTION IN
LIMINE TO EXCLUDE 2007 FILMS AND THE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS WHICH
RELIED UPON THOSE FILMS
EXHIBIT A
1 report on John Chulick
Review of Pathologic and Wriften Material on JOHN CHULICK
Date of Birth: 11/30/1939
Date of Death: 6/25/2018
Materials
I have received a letter from the Medical Processing Department at Brayton -Purcell,
dated Sept. 24, 2018, asking me to review the enclosed pathology slides and medical
records on John Chulick and generate a written report.
I have received a title sheet listing the following files that are sent for review:
PATHOLOGY BINDER FOR RICHARD SOBONYA, M.D.
RE: JOHN CHULICK (DECEASED)
09/24/18
1. DEATH CERTIFICATE
2. TISSUE RETRIEVAL & GROSSING REPORT
3. DONALD BREYER, MD - 07/07/01, 10/03/04
4. KENNETH S. COHEN, PHD - 07/20/04
5. PRAKASH JAY, MD - 08/12/02
6. DANIEL POWER, MD - 06/30/07
7. CAROLYN RAY, MD - 04/11/01
8. DANIEL M. RAYBIN, MD - 09/28/05, 08/22/07, 01/13/12
9. KAISER NORTH VALLEY - ROSEVILLE
(RECEIVED 07/30/1 8)
and
Richard Sobonya, M.D.
report on John Chulick
KAISER - VALLEJO
(RECEIVED 08/10/18)
10. ANSWERS TO STANDARD ASBESTOS CASE INTERROGATORIES
Received are 11 H&E stains glass slides labeled "RPASI8-257-P, HISTO TEC LAB"
and numbered from I to 11. Also received are 11 matching glass slides with the same
label and the letters "FE", also numbered from 1 to 11, accompanied by a slide labeled
"FE CONTROL RPSAI 8-257-P HISTO TEC LABORATORY, HAYWARD, CA." Eleven
matching paraffin blocks are also received and not used.
Nineteen immunostained glass slides labelled "RPASI8-257-P, HISTO TEC LAB," also
labeled "1" and the name of the immunohistochemical stain are received.
Immunohistochemical positive control slides labeled with name of the immunostain, and
"positive control, "18-257P" also totaling 19, are received, and all of the control slides
stain appropriately positive. The total number of slides is 61.
History
Two one -page radiologic reports of CT scans of the thorax by Donald Breyer, MD, dated
7/7/2001 and 10/3/2004 describe, "parenchymal findings present are compatible with
moderately advanced interstitial fibrosis." Bilateral calcified pleural plaques are also
seen as well as a lesion that is probably rounded atelectasis.
Dr. Kenneth Cohen, PhD issued a three -page report with a page of work history on
7/20/2004. He documents that Mr. Chulick was exposed to asbestos for many years
through his employment.
A fourteen -page evaluation from Dr. Prakash Jay dated 8/12/2002 describes Mr.
Chulick's work as an insulator from 1958 - 1996, during which he was exposed to
asbestos and other dust. He also notes moderate restrictive lung disease by spirometry
and a 22 -pack years smoking history. He concludes that Mr. Chulick's disability is due
to asbestos from workplace exposure.
A four -page report by Dr. Daniel Powers, "B" radiologic reader, describes pleural
plaques, emphysema, and nodule that may or may not be carcinoma.
A two -page report by Carolyn Ray, MD dated 04/11/2001 describes a chest x-ray which
shows increased interstitial markings, pleural plaques and left -sided pleural thickening.
A fifteen -page report on Mr. Chulick by Dr. Daniel Raybin dated 9/28/2005 includes that
Mr. Chulick has asbestosis, asbestos pleural disease, pleural plaques, and
emphysema.
Richard Sobonya, M.D.
3 report on John Chulick
Another ten -page report from Dr. Raybin dated 8/22/2007 comes to similar conclusions.
A third evaluation by Dr. Raybin dated 1/1 3/2012 notes similar findings with "gradually
progressive exertional dyspnea."
Portions of several hospitals admissions are reviewed. They are for VAL-Hospital,
Kaiser Foundation Hospitals, Vallejo, CA. The first is 5/16-17/2018 when Mr. Chulick
was hospitalized because of shortness of breath due to chronic hypoxemic respiratory
failure. He was also admitted from 6/10- 6/12/2018 for shortness of breath as described
in ten -pages of notes. He was also admitted on 6/24/2018 and died on 6/25/2018. The
admission was due to shortness of breath and respiratory failure.
113 -pages of Answers to lnterrogatories, NO. 404829, Superior Court of California,
County of San Francisco, are reviewed. These are dated 3/25/2002. These answers
document many years of work as an insulator, in which the plaintiff contends he may
have been exposed to asbestos during his employment.
Another document from the Superior Court of California, County of San Francisco is
entitled Asbestos, NO. 404829, Supplemental/Amended Responses to Interrogatories
and is 131 -pages and is dated 10/28/2007. Again Mr. Chulick's work history is spelled
out in great detail and on many of these jobs as an insulator the plaintiff that he may
have been exposed to asbestos during this employment.
Pathologic Review
The pleura shows dense fibrosis with slight amount of chronic inflammation and
vascular proliferation. Several slides show essentially acellular fibrous plaques with a
basket -weave pattern to the collagen. In places, the parietal and the visceral pleura are
fused. The lungs show pulmonary edema, neutrophils in bronchioles and alveoli,
atelectasis, and hemorrhage. A few small areas of interstitial fibrosis, one associated
with a bronchiole, are seen but no large areas of fibrosis are present. Mild to moderate
emphysema is seen. Large bronchi are unremarkable and lymph nodes show
pigmented histiocytes. No primary lung cancer or mesothelioma is seen in any sections.
These following 19 immunostains stain the benign lung tissue in slide #1 appropriately:
CD56, PSA, D2-40, synaptophysin, p40, calretinin, TTF-1, B72.3, CK pan, MOC3I, WT -
1, CEA, CK5/6, CK7, CK 8/18, BerEp4, CD15, CK 5.2, and CDX-2. The 19 positive
control immunostains all stain appropriately, as does the iron stain slide labelled "Fe."
The iron stained slides show a total of 6 asbestos bodies in the 5 slides of lung tissue
(#1 ,2,3,7,& 8). The area of these slides is 19.6 cm2, so the asbestos body count is 0.3
asbestos bodies/cm2 lung. Slide nine of a lymph node shows at least twelve asbestos
bodies in the lymph node and slide four of a lymph node shows at least 23 asbestos
bodies in that node.
Richard Sobonya, M.D.
4 report on John Chulick
A ten -page report from Regional Pathology and Autopsy Services is dated 6/28/2018
and the Case Number is RPAS1 8-257-P. The gross description of the right lung is
"partially encased in a grey, firm pleural rind." The lung appears edematous. The
parietal pleura shows calcified fibrous plaques. The left lung also shows edema and
attached parietal pleura has gray -tan calcified plaques. Portions of the diaphragms also
have calcified fibrous plaques.
Synthesis
The lungs show small areas of fibrosis which, when coupled with the presence of
asbestos bodies in the lungs, fulfill the criteria for asbestosis, Grade 1, by CAP-NIOSH
1982. The pleural disease is extensive and, in view of presence of asbestos bodies and
lack of another obvious explanation for the pleuritis, is diffuse chronic pleuritis due to
asbestos. Rounded atelectasis has also been described in asbestos pleural disease. No
carcinoma of lung or any other site is seen, and no mesothelioma is seen.
Sum mary
To a reasonable degree of medical certainty, Mr. Chulick developed pleural plaques,
asbestosis (Grade 1), and chronic fibrosing pleuritis due to his aggregate latent
exposure to asbestos.
Qualifications
I have been board certified in Anatomic Pathology by the American Board of Pathology
since 1973. I have been licensed to practice medicine by the State of Arizona since
1978. Following five years of residency training in Anatomic Pathology at University
Hospitals of Cleveland, Ohio (including two years of Pulmonary Pathology), I completed
two years in the Pulmonary-Mediastinal Branch of the Armed Forces Institute of
Pathology as a major in the U.S. Army Medical Corps. I then became an Assistant
Professor of Pathology at the University of Kansas, moving to the University of Arizona
in 1978, and became a full Professor with tenure in 1986. I am presently Emeritus
Professor of Pathology and Medicine at the University of Arizona and was until June 30,
2018 an attending pathologist at Banner University Medical Center -Tucson (formerly
University of Arizona Medical Center). I was Chief of the Autopsy Service there for 40
years, and I have been their pulmonary pathologist for over 35 years. I have published
approximately 100 peer -reviewed articles, most of which are concerned with pulmonary
pathology. I am a Fellow of the College of American Pathologists and the American
College of Chest Physicians; also, I am a member of the US-Canadian Academy of
Pathology, the Pulmonary Pathology Society, and the American Thoracic Society.
Richard Sobonya, M.D.
report on John Chulick
Richard Sobonya, M.D.
Emeritus Professor of Pathology and Medicine
University of Arizona
Department of Pathology
1501 North Campbell Ave.
Tucson, Arizona 85724-5108
November 10, 2018
Richard Sobonya, M.D.
EXHIBIT B
1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF SAN FRANCISCO
3 ---oOo---
4 CAROL CHULICK, (WD/SUC:
JOHN CHULICK),
5 Plaintiff,
-vs- CASE NO. CGC19276757
6 RILEY POWER, INC, et al.,
Defendants.
7 /
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12 TELEPHONIC DEPOSITION OF DANIEL POWERS, M.D.
13 December 21, 2021
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23 Reported By: Cynthia Ornelas, 9402
24 Job No: 4897020
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Page 1
Aiken Welch, A Veritext Company
510-451-1580
1 For The Defendant Monterey Mechanical, Co.:
1 INDEX 2 MICHAEL ROMEO
PAGE Imai, Tadlock, Keeney & Cordery
3 1660 S. Amphlett Boulevard, Suite 300
2 EXAMINATION BY MR. ROMEO 5 San Mateo, California 94402
3 EXAMINATION BY MR. SINUNU 18 4 mromeo@itkc.com
5 For The Defendant Cooper Brothers, Inc.:
4 EXAMINATION BY MR. SUN 20 6 GINA HARAN
5 EXAMINATION BY MS. SOLOGUB 27 Lewis Brisbois
7 333 Bush Street, Suite 1100
6 San Francisco, California 94104
7 8 gina.haran@lewisbrisbois.com
9 For The Defendants Scott Company Of California and
8 Associated Insulation:
9 EXHIBITS 10
SUZANNE RISCHMAN
10 PAGE 11 Selman Breitman
11 DEFENDANTS' 33 New Montgomery, Sixth Floor
12 San Francisco, California 94105
12 Exhibit 1Curriculum Vitae 9 srischman@selmanlaw.com
13
13 Exhibit 2Report Dated 6-30-07 27 For The Defendant Rosendin Electric:
14 14
JAMES SINUNU
15 15 Sinunu Bruni
16 333 Pine Street, Suite 400
16 San Francisco, California 94104
17 jsinunu@sinunubruni.com
18 17
For The Defendants FDCC California, Inc., D. Zelinsky &
19 18 Sons, Inc. And George H. Wilson, Inc.:
20 19 ALEXANDRA SOLOGUB
Walsworth, WFBM
21 20 445 S. Figueroa Street, Suite 3100
22 Los Angeles, California 90071
21 asologub@wfbm.com
23 22
24 23
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Page 2 Page 4
1 DEPOSITION OF DANIEL POWERS, M.D. 1 PROCEEDINGS
2
2 --- oOo ---
3 BE IT REMEMBERED, that pursuant to Notice, and on the
4 21st day of December, 2021, commencing at the hour of 3 MS. HENLE: This is Patricia Henle.
We're here
5 1:10 p.m., before me, CYNTHIA ORNELAS, a Certified 4 for the deposition of Dr. Powers in the Chulick matter.
6 Shorthand Reporter for the State of California, 5 We have all stipulated that he may be sworn in remotely
7 telephonically appeared DANIEL POWERS, M.D., produced as a
6 and telephonically since he is not in the personal
8 witness in said action, and being by me first duly sworn,
9 was thereupon examined as a witness in said cause. 7 presence of our court reporter.
Thank you.
10 8 DANIEL POWERS, M.D.,
11 ---oOo--- 9 sworn as a witness,
12 TELEPHONIC APPEARANCES: 10 testified as follows:
13 For The Plaintiff:
14 PATRICIA HENLE 11 EXAMINATION BY MR. ROMEO:
Brayton Purcell 12 Q. Dr. Powers, this is Michael Romeo.
I have
15 222 Rush Landing Road 13 Monterey Mechanical in this case.
And we had a discussion
Novato, California 94948 14 off the record wherein I agreed that I would be
16 phenle@henlelaw.com
17 For The Defendant Columbia Mechanical:
15 responsible for the hour for your deposition.
And I gave
18 T. ERIC SUN 16 you my e-mail address, so please send me an invoice once
Foley & Mansfield 17 the deposition is done, and I'll put that through for
19 2185 N. California Boulevard, Suite 575 18 payment. Is that acceptable?
Walnut Creek, California 94596
19 A. Yes, it is.
20 esun@foleymansfield.com
21 For The Defendant Cosco Fire Protection: 20 Q. Great. You've been deposed many times before; is
22 GABRIEL JACKSON 21 that correct?
Goldberg Segalla 22 A. Yes, sir.
23 611 Gateway Boulevard, Suite 120
23 Q. Are you comfortable with me not giving you the
South San Francisco, California 94080
24 gjackson@goldbergsegalla.com 24 usual admonitions prior to the deposition?
25 25 A. I am comfortable.You do not have to give me the
Page 3 Page 5
2 (Pages 2 - 5)
Aiken Welch, A Veritext Company
510-451-1580
1 admonitions. 1 in litigation?
2 Q. Excellent.For the record, can you please state 2 A. I have done defense work, but the work this month
3 your name and your area of expertise? 3 has all been for the plaintiffs.
4 A. It's a little bit slurred voice.
What is it that 4 Q. What about in the last year?
5 you wanted me to give you? 5 A. The majority again is for the plaintiff.
Doesn't
6 Q. Sorry about that, Dr. Powers.
That's a good 6 make any sense to me because the majority of cases are
7 point.If you can't hear me, please just let me know and 7 negative, but I think they each take their sides and have
8 I will repeat it or rephrase. 8 their own experts, so whatever reason they don't use me, I
9 My question is, can you just please state your 9 don't know why because again, the majority are negative,
10 name and your area of expertise for the record? 10 but some of them are positive.
11 A. My name is Daniel Powers, MD. I'm a diagnostic 11 Q. When you say some are negative and some are
12 radiologist board certified and a certified federal 12 positive, you're talking about findings that are related
13 government B-reader. 13 to an asbestos-related disease?
14 Q. Getting into it kind of quickly, how much of your14 A. Right. Correct.
15 time is spent on litigation matters? 15 Q. In the last year, how many times have you been
16 A. I'm almost retired, but in the past about 10 to 16 retained by the Brayton firm to review asbestos cases?
17 15 percent.Now I'm just kind of doing some cleanup, so 17 A. Off the top of my head, I believe this is the
18 the majority of the time, I would say about 85 percent of
18 12th case for the year, so one a month this year.
19 the time.It's only part time either way. 19 Q. One thing that I didn't have, I didn't see in the
20 Q. Just so we're clear, you were a practicing 20 letter was a copy of your updated CV or actually a copy of
21 physician for a period of time, correct? 21 any CV. When is the last time your CV was updated?
22 A. I'm technically still a practicing physician, 22 A. I can send the court reporter a CV dated today if
23 yes. 23 you want.
24 Q. Are you still just doing radiology? 24 Q. I would appreciate that.
And I will be
25 A. Correct. I was doing diagnostic radiology.
The 25 potentially as Exhibit 1 the CV that Dr. Powers is going
Page 6 Page 8
1 majority of my work was spine and joint imaging. 1 to kindly forward after the deposition.
Is that okay?
2 Q. You said you semi-retired.
What does that mean? 2 A. No problem.
3 A. I'm an old man now, and my family is bugging me 3 (Defendant's Exhibit No. 1 was marked for
4 to quit because I still think in my mind I'm 35, but I'm4 Identification)
5 not. So basically -- and I also have some medical issues5 BY MR. ROMEO:
6 during my time, so that being neck pain, stuff like that.
6 Q. When did you first perform any work on the John
7 What happened was -- and I was in solo practice, and there
7 Chulick matter?
8 was a lot of pressure, and I had all kinds of issues from
8 A. The only work I performed was from June 30, 2007.
9 the pressure and the overwhelming amount of work I had to
9 That's right, 2007.
Awhile ago.
10 do. 10 Q. You haven't done any work on this case since that
11 So I basically have been trailing off of my spine 11 time; is that true?
12 and joint imaging, and I have this little side amount of
12 A. Other than looking at the report and trying to
13 work from the primarily second opinions, and mostly in 13 get the studies today, that was it.
14 asbestos cases, not always, but mostly.
So I've continued 14 Q. Have you had any substantive conversations with
15 to do those, and I'm still doing some of those today.
I 15 anyone from the Brayton law firm at any time?
16 sill do a little spine and joint imaging, but it's almost
16 A. Generally it would not be -- what I would do with
17 finished. 17 them normally, I would review images and send them the
18 Q. Then you said it's fair to say that 85 percent of18 report.So again, I don't remember what happened back in
19 your time now is doing asbestos legal work? 19 2007, but normally that would not happen.
And in terms of
20 A. Yes. There's months, I would say the majority of 20 the present time, other than them scheduling the
21 the work. I did a few MRI and a few x-rays and stuff that
21 deposition with my office, not through me directly, but my
22 were spine or joint related, but the majority of my work
22 office staff, I have had no direct conversations with them
23 has been doing reviewing cases as consults for asbestos23 about this case.
24 bankruptcy and third-party cases. 24 Q. Are all of your opinions and findings that you
25 Q. How much of that is work done for defense firms 25 have in this case contained in your June 30, 2007 report?
Page 7 Page 9
3 (Pages 6 - 9)
Aiken Welch, A Veritext Company
510-451-1580
1 A. The opinions that were based upon those images in 1 atelectasis, which this person presumably had.
2 2007 are contained in the report.
Of course I don't know 2 The disclaimer was I'm a radiologist, I'm not a
3 what I will be asked at trial, if that ever comes to 3 histologist, and as such, when I saw the scar mass, quote,
4 trial.
So I would have to give some answers to those 4 unquote, "scar mass," I can't tell whether there's an
5 questions, whatever they may ask, but in terms of the 5 associated malignancy causing this density.
So even
6 specific images, all of my opinions are on the report from
6 though it's common to get these scar masses when you get
7 2007. 7 diffuse pleural thickening, you can have mesothelioma
8 Q. Let's get some of these questions out of the way. 8 that's starting or you can have a lung cancer contained
9 Have you talked to any other treating physician or expert
9 within the mass.
10 witness to assist you in formulating your June 30, 200710 So I have no sequential images, I have no further
11 report? 11 history.If they needed at that time, biopsy would be
12 A. Not that I'm aware of. 12 recommended, so you could probably get a PET CT in
13 Q. Have you reviewed anything other than what you 13 addition.
14 detail in your June 30th, 2007 report in order to create
14 There was another disclaimer on this case which
15 that report? 15 is that these images were not obtained by me.
I'm just
16 A. No other materials were sent other than the 16 doing a second opinion on them.
And the slices were not
17 supine and pronate HRCT from May 30, 2007. 17 contiguous, in other words, one right after the other.
18 Q. Let's talk about some of those findings that are 18 There were skipped spaces between them.So obviously one
19 in that report then.
The first section, you have them 19 can miss plaquing, but we already saw some, so that was
20 listed at, it's listed 1 through 4.
Let's for the record 20 enough to show that it existed.
You could miss nodules or
21 have you describe for us what you found that's described
21 other masses which I obviously can't tell whether they are
22 in No. 1. 22 or they aren't there.
So I recommended that they get a
23 A. Talk about what I found, is that what you're 23 contiguous or a continuous slice CT in addition in
24 asking? 24 follow-up.
25 Q. Yes. 25 And then finally from the defense point of view,
Page 10 Page 12
1 A. In CT, HRCT imaging, the radiologist or whoever 1 there was centrilobular emphysema involving six lung
2 2
the imagine reader would be is looking to see if there arezones. So this person did have changes that most commonly
3 asbestos markers in this particular case, because that's3 are associated with smoking, not always, but most
4 the question on the table for me.
So the question is are 4 commonly.
5 there imaging findings for lung scarring, known as 5 So this person had a combination of smoking and
6 asbestosis, aka parenchymal or interstitial disease, are6 asbestos-caused changes with problems that may be, but not
7 7
there pleural changes or chest wall lining changes such asnecessarily, he may have a malignancy.
8 pleural plaquing or diffuse pleural thickening, and is 8 I'm done.
9 there cancer or mesothelioma that might be present.
And 9 Q. Were you done? I didn't mean to cut you off.
10 then I throw in another thing for the defense, which is10 A. Yes. I'm done with my answer.
11 the presence or absence of smoking-caused emphysema.
What 11 I don't know if it's my phone or your phone, but
12 12
these questions, these answers talk about is whether I sawit's a little slurred, so it's hard tracking.
13 any of those markers. 13 Q. Let's talk about a little bit of the fact that
14 The first one was were there changes that have 14 you've said you found calcified and non-calcified pleural
15 the appearance of distribution of asbestosis, and the 15 plaquing. Where was the calcified pleural plaquing found?
16 answer was yes.
Low profusion, which means a low amount 16 A. Understand that this particular study was
17 changes were present.
Were there plaques.
Yes, there 17 provided to me on film format, not on a digitized type of
18 were calcified and noncalcified plaques.
And were there 18 picture, and it's from 2007.
Neither I -- what we do is
19 other pleural changes.
Yes, there was diffuse pleural 19 we read the films, I read the films, and then we, meaning
20 20
thickening, which is the sticking together of the lining my office, sends the films back to the firm, in this case
21 of the chest wall with the lining of the lung.
And that 21 the Brayton firm.
22 22
can result in some cases a thicker scar mass that extends Our office does not have the films anymore.
And
23 23
into the lung cavity itself known as cicatricial or benignwe did make a call this morning to the site or the company
24 24
fibrotic scarring, which at times can become more rounded that owns the site that did the study, and they no longer
25 and grab part of the lung, and that's called rounded 25 have the films either.
So it's more than 10 years old.
Page 11 Page 13
4 (Pages 10 - 13)
Aiken Welch, A Veritext Company
510-451-1580
1 So all I can do is go on my form here.
If you 1 Q. Was there anything else within his lungs that you
2 look at my form, under "3B, Pleural Plaques," it gives the
2 saw that you associated with smoking history?
3 slice numbers where plaques were present with the 3 A. There could be an overlap obviously of
4 understanding that these were sample numbers.
There may 4 malignancies caused by cancer and/or asbestos, and
5 be more than just what I'm indicating.
But whenever I 5 certainly the two together can make it even a more likely
6 read them,
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1 GILBERT L. PURCELL, ESQ., S.B. #113603 JAMES P. NEVIN, ESQ., S.B. #220816 2 PHILIP M. VAN AELSTYN, ESQ., S.B. #220844 pvanaelstyn@braytonlaw.com ELECTRONICALLY 3 BRAYTON˜PURCELL LLP Attorneys at Law F I L E D Superior Court of California, 4 222 Rush Landing Road County of San Francisco P.O. Box 6169 01/13/2022 5 Novato, California 94948-6169 Clerk of the Court (415) 898-1555 BY: ERNALYN BURA 6 Deputy Clerk Attorneys for Plaintiffs 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 CAROL CHULICK, as Successor-in- ) ASBESTOS Interest to and as Wrongful Death Heir of ) No. CGC-19-276757 12 JOHN CHULICK, Deceased; and ) NOVATO, CALIFORNIA 94948-6169 DEBORAH HAGEN and JOLEEN ) DECLARATION OF PHILIP M. VAN BRAYTON˜PURCELL LLP 222 RUSH LANDING ROAD 13 HAGLER, as Wrongful Death Heirs of ) AELSTYN IN SUPPORT OF ATTORNEYS AT LAW JOHN CHULICK, Deceased, ) PLAINTIFFS’ OPPOSITION TO JOINT (415) 898-1555 P O BOX 6169 14 ) DEFENSE MOTION IN LIMINE TO Plaintiffs, ) EXCLUDE 2007 FILMS AND THE 15 ) TESTIMONY, OPINIONS AND/OR vs. ) REPORTS OR DR. DANIEL POWERS 16 ) WHICH RELIED UPON THOSE FILMS RILEY POWER INC., et al., ) 17 ) Defendants. ) [JOINT DEFENSE MIL NO. 2] 18 19 Trial Date: December 27, 2021 Dept. 502, Hon. Jeffrey S. Ross 20 21 I, Philip M. van Aelstyn, declare as follows: 22 1. I am an attorney at law duly licensed to practice before all courts in the State of 23 California and am an associate with the law firm of Brayton˜Purcell LLP, attorneys of record 24 for plaintiffs herein and, as such, am fully familiar with the facts of this case, and if called as a 25 witness regarding the matters set forth below, I would so testify. 26 2. Attached hereto as Exhibit A is a true and correct copy of the Review of Pathologic 27 and Written Material prepared by Dr. Richard Sobonya, M.D., dated September 24, 2018. 28 /// 1 K:\Injured\26244\TRIAL\decl pmv opp jnt mil no. 2 excl 2007 films and tst of Powers.wpd PMV DECLARATION OF PHILIP M. VAN AELSTYN IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE 2007 FILMS AND THE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS WHICH RELIED UPON THOSE FILMS 1 3. Attached hereto as Exhibit B is a true and correct copy of the Deposition of Dr. 2 Daniel Powers taken in this matter on December 21, 2021. 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. A 5 Executed on January 13, 2022 at Novato, California. 6 Philip M. van Aelstyn 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 K:\Injured\26244\TRIAL\decl pmv opp jnt mil no. 2 excl 2007 films and tst of Powers.wpd PMV DECLARATION OF PHILIP M. VAN AELSTYN IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE 2007 FILMS AND THE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS WHICH RELIED UPON THOSE FILMS EXHIBIT A 1 report on John Chulick Review of Pathologic and Wriften Material on JOHN CHULICK Date of Birth: 11/30/1939 Date of Death: 6/25/2018 Materials I have received a letter from the Medical Processing Department at Brayton -Purcell, dated Sept. 24, 2018, asking me to review the enclosed pathology slides and medical records on John Chulick and generate a written report. I have received a title sheet listing the following files that are sent for review: PATHOLOGY BINDER FOR RICHARD SOBONYA, M.D. RE: JOHN CHULICK (DECEASED) 09/24/18 1. DEATH CERTIFICATE 2. TISSUE RETRIEVAL & GROSSING REPORT 3. DONALD BREYER, MD - 07/07/01, 10/03/04 4. KENNETH S. COHEN, PHD - 07/20/04 5. PRAKASH JAY, MD - 08/12/02 6. DANIEL POWER, MD - 06/30/07 7. CAROLYN RAY, MD - 04/11/01 8. DANIEL M. RAYBIN, MD - 09/28/05, 08/22/07, 01/13/12 9. KAISER NORTH VALLEY - ROSEVILLE (RECEIVED 07/30/1 8) and Richard Sobonya, M.D. report on John Chulick KAISER - VALLEJO (RECEIVED 08/10/18) 10. ANSWERS TO STANDARD ASBESTOS CASE INTERROGATORIES Received are 11 H&E stains glass slides labeled "RPASI8-257-P, HISTO TEC LAB" and numbered from I to 11. Also received are 11 matching glass slides with the same label and the letters "FE", also numbered from 1 to 11, accompanied by a slide labeled "FE CONTROL RPSAI 8-257-P HISTO TEC LABORATORY, HAYWARD, CA." Eleven matching paraffin blocks are also received and not used. Nineteen immunostained glass slides labelled "RPASI8-257-P, HISTO TEC LAB," also labeled "1" and the name of the immunohistochemical stain are received. Immunohistochemical positive control slides labeled with name of the immunostain, and "positive control, "18-257P" also totaling 19, are received, and all of the control slides stain appropriately positive. The total number of slides is 61. History Two one -page radiologic reports of CT scans of the thorax by Donald Breyer, MD, dated 7/7/2001 and 10/3/2004 describe, "parenchymal findings present are compatible with moderately advanced interstitial fibrosis." Bilateral calcified pleural plaques are also seen as well as a lesion that is probably rounded atelectasis. Dr. Kenneth Cohen, PhD issued a three -page report with a page of work history on 7/20/2004. He documents that Mr. Chulick was exposed to asbestos for many years through his employment. A fourteen -page evaluation from Dr. Prakash Jay dated 8/12/2002 describes Mr. Chulick's work as an insulator from 1958 - 1996, during which he was exposed to asbestos and other dust. He also notes moderate restrictive lung disease by spirometry and a 22 -pack years smoking history. He concludes that Mr. Chulick's disability is due to asbestos from workplace exposure. A four -page report by Dr. Daniel Powers, "B" radiologic reader, describes pleural plaques, emphysema, and nodule that may or may not be carcinoma. A two -page report by Carolyn Ray, MD dated 04/11/2001 describes a chest x-ray which shows increased interstitial markings, pleural plaques and left -sided pleural thickening. A fifteen -page report on Mr. Chulick by Dr. Daniel Raybin dated 9/28/2005 includes that Mr. Chulick has asbestosis, asbestos pleural disease, pleural plaques, and emphysema. Richard Sobonya, M.D. 3 report on John Chulick Another ten -page report from Dr. Raybin dated 8/22/2007 comes to similar conclusions. A third evaluation by Dr. Raybin dated 1/1 3/2012 notes similar findings with "gradually progressive exertional dyspnea." Portions of several hospitals admissions are reviewed. They are for VAL-Hospital, Kaiser Foundation Hospitals, Vallejo, CA. The first is 5/16-17/2018 when Mr. Chulick was hospitalized because of shortness of breath due to chronic hypoxemic respiratory failure. He was also admitted from 6/10- 6/12/2018 for shortness of breath as described in ten -pages of notes. He was also admitted on 6/24/2018 and died on 6/25/2018. The admission was due to shortness of breath and respiratory failure. 113 -pages of Answers to lnterrogatories, NO. 404829, Superior Court of California, County of San Francisco, are reviewed. These are dated 3/25/2002. These answers document many years of work as an insulator, in which the plaintiff contends he may have been exposed to asbestos during his employment. Another document from the Superior Court of California, County of San Francisco is entitled Asbestos, NO. 404829, Supplemental/Amended Responses to Interrogatories and is 131 -pages and is dated 10/28/2007. Again Mr. Chulick's work history is spelled out in great detail and on many of these jobs as an insulator the plaintiff that he may have been exposed to asbestos during this employment. Pathologic Review The pleura shows dense fibrosis with slight amount of chronic inflammation and vascular proliferation. Several slides show essentially acellular fibrous plaques with a basket -weave pattern to the collagen. In places, the parietal and the visceral pleura are fused. The lungs show pulmonary edema, neutrophils in bronchioles and alveoli, atelectasis, and hemorrhage. A few small areas of interstitial fibrosis, one associated with a bronchiole, are seen but no large areas of fibrosis are present. Mild to moderate emphysema is seen. Large bronchi are unremarkable and lymph nodes show pigmented histiocytes. No primary lung cancer or mesothelioma is seen in any sections. These following 19 immunostains stain the benign lung tissue in slide #1 appropriately: CD56, PSA, D2-40, synaptophysin, p40, calretinin, TTF-1, B72.3, CK pan, MOC3I, WT - 1, CEA, CK5/6, CK7, CK 8/18, BerEp4, CD15, CK 5.2, and CDX-2. The 19 positive control immunostains all stain appropriately, as does the iron stain slide labelled "Fe." The iron stained slides show a total of 6 asbestos bodies in the 5 slides of lung tissue (#1 ,2,3,7,& 8). The area of these slides is 19.6 cm2, so the asbestos body count is 0.3 asbestos bodies/cm2 lung. Slide nine of a lymph node shows at least twelve asbestos bodies in the lymph node and slide four of a lymph node shows at least 23 asbestos bodies in that node. Richard Sobonya, M.D. 4 report on John Chulick A ten -page report from Regional Pathology and Autopsy Services is dated 6/28/2018 and the Case Number is RPAS1 8-257-P. The gross description of the right lung is "partially encased in a grey, firm pleural rind." The lung appears edematous. The parietal pleura shows calcified fibrous plaques. The left lung also shows edema and attached parietal pleura has gray -tan calcified plaques. Portions of the diaphragms also have calcified fibrous plaques. Synthesis The lungs show small areas of fibrosis which, when coupled with the presence of asbestos bodies in the lungs, fulfill the criteria for asbestosis, Grade 1, by CAP-NIOSH 1982. The pleural disease is extensive and, in view of presence of asbestos bodies and lack of another obvious explanation for the pleuritis, is diffuse chronic pleuritis due to asbestos. Rounded atelectasis has also been described in asbestos pleural disease. No carcinoma of lung or any other site is seen, and no mesothelioma is seen. Sum mary To a reasonable degree of medical certainty, Mr. Chulick developed pleural plaques, asbestosis (Grade 1), and chronic fibrosing pleuritis due to his aggregate latent exposure to asbestos. Qualifications I have been board certified in Anatomic Pathology by the American Board of Pathology since 1973. I have been licensed to practice medicine by the State of Arizona since 1978. Following five years of residency training in Anatomic Pathology at University Hospitals of Cleveland, Ohio (including two years of Pulmonary Pathology), I completed two years in the Pulmonary-Mediastinal Branch of the Armed Forces Institute of Pathology as a major in the U.S. Army Medical Corps. I then became an Assistant Professor of Pathology at the University of Kansas, moving to the University of Arizona in 1978, and became a full Professor with tenure in 1986. I am presently Emeritus Professor of Pathology and Medicine at the University of Arizona and was until June 30, 2018 an attending pathologist at Banner University Medical Center -Tucson (formerly University of Arizona Medical Center). I was Chief of the Autopsy Service there for 40 years, and I have been their pulmonary pathologist for over 35 years. I have published approximately 100 peer -reviewed articles, most of which are concerned with pulmonary pathology. I am a Fellow of the College of American Pathologists and the American College of Chest Physicians; also, I am a member of the US-Canadian Academy of Pathology, the Pulmonary Pathology Society, and the American Thoracic Society. Richard Sobonya, M.D. report on John Chulick Richard Sobonya, M.D. Emeritus Professor of Pathology and Medicine University of Arizona Department of Pathology 1501 North Campbell Ave. Tucson, Arizona 85724-5108 November 10, 2018 Richard Sobonya, M.D. EXHIBIT B 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF SAN FRANCISCO 3 ---oOo--- 4 CAROL CHULICK, (WD/SUC: JOHN CHULICK), 5 Plaintiff, -vs- CASE NO. CGC19276757 6 RILEY POWER, INC, et al., Defendants. 7 / 8 9 10 11 12 TELEPHONIC DEPOSITION OF DANIEL POWERS, M.D. 13 December 21, 2021 14 15 16 17 18 19 20 21 22 23 Reported By: Cynthia Ornelas, 9402 24 Job No: 4897020 25 Page 1 Aiken Welch, A Veritext Company 510-451-1580 1 For The Defendant Monterey Mechanical, Co.: 1 INDEX 2 MICHAEL ROMEO PAGE Imai, Tadlock, Keeney & Cordery 3 1660 S. Amphlett Boulevard, Suite 300 2 EXAMINATION BY MR. ROMEO 5 San Mateo, California 94402 3 EXAMINATION BY MR. SINUNU 18 4 mromeo@itkc.com 5 For The Defendant Cooper Brothers, Inc.: 4 EXAMINATION BY MR. SUN 20 6 GINA HARAN 5 EXAMINATION BY MS. SOLOGUB 27 Lewis Brisbois 7 333 Bush Street, Suite 1100 6 San Francisco, California 94104 7 8 gina.haran@lewisbrisbois.com 9 For The Defendants Scott Company Of California and 8 Associated Insulation: 9 EXHIBITS 10 SUZANNE RISCHMAN 10 PAGE 11 Selman Breitman 11 DEFENDANTS' 33 New Montgomery, Sixth Floor 12 San Francisco, California 94105 12 Exhibit 1Curriculum Vitae 9 srischman@selmanlaw.com 13 13 Exhibit 2Report Dated 6-30-07 27 For The Defendant Rosendin Electric: 14 14 JAMES SINUNU 15 15 Sinunu Bruni 16 333 Pine Street, Suite 400 16 San Francisco, California 94104 17 jsinunu@sinunubruni.com 18 17 For The Defendants FDCC California, Inc., D. Zelinsky & 19 18 Sons, Inc. And George H. Wilson, Inc.: 20 19 ALEXANDRA SOLOGUB Walsworth, WFBM 21 20 445 S. Figueroa Street, Suite 3100 22 Los Angeles, California 90071 21 asologub@wfbm.com 23 22 24 23 24 25 25 Page 2 Page 4 1 DEPOSITION OF DANIEL POWERS, M.D. 1 PROCEEDINGS 2 2 --- oOo --- 3 BE IT REMEMBERED, that pursuant to Notice, and on the 4 21st day of December, 2021, commencing at the hour of 3 MS. HENLE: This is Patricia Henle. We're here 5 1:10 p.m., before me, CYNTHIA ORNELAS, a Certified 4 for the deposition of Dr. Powers in the Chulick matter. 6 Shorthand Reporter for the State of California, 5 We have all stipulated that he may be sworn in remotely 7 telephonically appeared DANIEL POWERS, M.D., produced as a 6 and telephonically since he is not in the personal 8 witness in said action, and being by me first duly sworn, 9 was thereupon examined as a witness in said cause. 7 presence of our court reporter. Thank you. 10 8 DANIEL POWERS, M.D., 11 ---oOo--- 9 sworn as a witness, 12 TELEPHONIC APPEARANCES: 10 testified as follows: 13 For The Plaintiff: 14 PATRICIA HENLE 11 EXAMINATION BY MR. ROMEO: Brayton Purcell 12 Q. Dr. Powers, this is Michael Romeo. I have 15 222 Rush Landing Road 13 Monterey Mechanical in this case. And we had a discussion Novato, California 94948 14 off the record wherein I agreed that I would be 16 phenle@henlelaw.com 17 For The Defendant Columbia Mechanical: 15 responsible for the hour for your deposition. And I gave 18 T. ERIC SUN 16 you my e-mail address, so please send me an invoice once Foley & Mansfield 17 the deposition is done, and I'll put that through for 19 2185 N. California Boulevard, Suite 575 18 payment. Is that acceptable? Walnut Creek, California 94596 19 A. Yes, it is. 20 esun@foleymansfield.com 21 For The Defendant Cosco Fire Protection: 20 Q. Great. You've been deposed many times before; is 22 GABRIEL JACKSON 21 that correct? Goldberg Segalla 22 A. Yes, sir. 23 611 Gateway Boulevard, Suite 120 23 Q. Are you comfortable with me not giving you the South San Francisco, California 94080 24 gjackson@goldbergsegalla.com 24 usual admonitions prior to the deposition? 25 25 A. I am comfortable.You do not have to give me the Page 3 Page 5 2 (Pages 2 - 5) Aiken Welch, A Veritext Company 510-451-1580 1 admonitions. 1 in litigation? 2 Q. Excellent.For the record, can you please state 2 A. I have done defense work, but the work this month 3 your name and your area of expertise? 3 has all been for the plaintiffs. 4 A. It's a little bit slurred voice. What is it that 4 Q. What about in the last year? 5 you wanted me to give you? 5 A. The majority again is for the plaintiff. Doesn't 6 Q. Sorry about that, Dr. Powers. That's a good 6 make any sense to me because the majority of cases are 7 point.If you can't hear me, please just let me know and 7 negative, but I think they each take their sides and have 8 I will repeat it or rephrase. 8 their own experts, so whatever reason they don't use me, I 9 My question is, can you just please state your 9 don't know why because again, the majority are negative, 10 name and your area of expertise for the record? 10 but some of them are positive. 11 A. My name is Daniel Powers, MD. I'm a diagnostic 11 Q. When you say some are negative and some are 12 radiologist board certified and a certified federal 12 positive, you're talking about findings that are related 13 government B-reader. 13 to an asbestos-related disease? 14 Q. Getting into it kind of quickly, how much of your14 A. Right. Correct. 15 time is spent on litigation matters? 15 Q. In the last year, how many times have you been 16 A. I'm almost retired, but in the past about 10 to 16 retained by the Brayton firm to review asbestos cases? 17 15 percent.Now I'm just kind of doing some cleanup, so 17 A. Off the top of my head, I believe this is the 18 the majority of the time, I would say about 85 percent of 18 12th case for the year, so one a month this year. 19 the time.It's only part time either way. 19 Q. One thing that I didn't have, I didn't see in the 20 Q. Just so we're clear, you were a practicing 20 letter was a copy of your updated CV or actually a copy of 21 physician for a period of time, correct? 21 any CV. When is the last time your CV was updated? 22 A. I'm technically still a practicing physician, 22 A. I can send the court reporter a CV dated today if 23 yes. 23 you want. 24 Q. Are you still just doing radiology? 24 Q. I would appreciate that. And I will be 25 A. Correct. I was doing diagnostic radiology. The 25 potentially as Exhibit 1 the CV that Dr. Powers is going Page 6 Page 8 1 majority of my work was spine and joint imaging. 1 to kindly forward after the deposition. Is that okay? 2 Q. You said you semi-retired. What does that mean? 2 A. No problem. 3 A. I'm an old man now, and my family is bugging me 3 (Defendant's Exhibit No. 1 was marked for 4 to quit because I still think in my mind I'm 35, but I'm4 Identification) 5 not. So basically -- and I also have some medical issues5 BY MR. ROMEO: 6 during my time, so that being neck pain, stuff like that. 6 Q. When did you first perform any work on the John 7 What happened was -- and I was in solo practice, and there 7 Chulick matter? 8 was a lot of pressure, and I had all kinds of issues from 8 A. The only work I performed was from June 30, 2007. 9 the pressure and the overwhelming amount of work I had to 9 That's right, 2007. Awhile ago. 10 do. 10 Q. You haven't done any work on this case since that 11 So I basically have been trailing off of my spine 11 time; is that true? 12 and joint imaging, and I have this little side amount of 12 A. Other than looking at the report and trying to 13 work from the primarily second opinions, and mostly in 13 get the studies today, that was it. 14 asbestos cases, not always, but mostly. So I've continued 14 Q. Have you had any substantive conversations with 15 to do those, and I'm still doing some of those today. I 15 anyone from the Brayton law firm at any time? 16 sill do a little spine and joint imaging, but it's almost 16 A. Generally it would not be -- what I would do with 17 finished. 17 them normally, I would review images and send them the 18 Q. Then you said it's fair to say that 85 percent of18 report.So again, I don't remember what happened back in 19 your time now is doing asbestos legal work? 19 2007, but normally that would not happen. And in terms of 20 A. Yes. There's months, I would say the majority of 20 the present time, other than them scheduling the 21 the work. I did a few MRI and a few x-rays and stuff that 21 deposition with my office, not through me directly, but my 22 were spine or joint related, but the majority of my work 22 office staff, I have had no direct conversations with them 23 has been doing reviewing cases as consults for asbestos23 about this case. 24 bankruptcy and third-party cases. 24 Q. Are all of your opinions and findings that you 25 Q. How much of that is work done for defense firms 25 have in this case contained in your June 30, 2007 report? Page 7 Page 9 3 (Pages 6 - 9) Aiken Welch, A Veritext Company 510-451-1580 1 A. The opinions that were based upon those images in 1 atelectasis, which this person presumably had. 2 2007 are contained in the report. Of course I don't know 2 The disclaimer was I'm a radiologist, I'm not a 3 what I will be asked at trial, if that ever comes to 3 histologist, and as such, when I saw the scar mass, quote, 4 trial. So I would have to give some answers to those 4 unquote, "scar mass," I can't tell whether there's an 5 questions, whatever they may ask, but in terms of the 5 associated malignancy causing this density. So even 6 specific images, all of my opinions are on the report from 6 though it's common to get these scar masses when you get 7 2007. 7 diffuse pleural thickening, you can have mesothelioma 8 Q. Let's get some of these questions out of the way. 8 that's starting or you can have a lung cancer contained 9 Have you talked to any other treating physician or expert 9 within the mass. 10 witness to assist you in formulating your June 30, 200710 So I have no sequential images, I have no further 11 report? 11 history.If they needed at that time, biopsy would be 12 A. Not that I'm aware of. 12 recommended, so you could probably get a PET CT in 13 Q. Have you reviewed anything other than what you 13 addition. 14 detail in your June 30th, 2007 report in order to create 14 There was another disclaimer on this case which 15 that report? 15 is that these images were not obtained by me. I'm just 16 A. No other materials were sent other than the 16 doing a second opinion on them. And the slices were not 17 supine and pronate HRCT from May 30, 2007. 17 contiguous, in other words, one right after the other. 18 Q. Let's talk about some of those findings that are 18 There were skipped spaces between them.So obviously one 19 in that report then. The first section, you have them 19 can miss plaquing, but we already saw some, so that was 20 listed at, it's listed 1 through 4. Let's for the record 20 enough to show that it existed. You could miss nodules or 21 have you describe for us what you found that's described 21 other masses which I obviously can't tell whether they are 22 in No. 1. 22 or they aren't there. So I recommended that they get a 23 A. Talk about what I found, is that what you're 23 contiguous or a continuous slice CT in addition in 24 asking? 24 follow-up. 25 Q. Yes. 25 And then finally from the defense point of view, Page 10 Page 12 1 A. In CT, HRCT imaging, the radiologist or whoever 1 there was centrilobular emphysema involving six lung 2 2 the imagine reader would be is looking to see if there arezones. So this person did have changes that most commonly 3 asbestos markers in this particular case, because that's3 are associated with smoking, not always, but most 4 the question on the table for me. So the question is are 4 commonly. 5 there imaging findings for lung scarring, known as 5 So this person had a combination of smoking and 6 asbestosis, aka parenchymal or interstitial disease, are6 asbestos-caused changes with problems that may be, but not 7 7 there pleural changes or chest wall lining changes such asnecessarily, he may have a malignancy. 8 pleural plaquing or diffuse pleural thickening, and is 8 I'm done. 9 there cancer or mesothelioma that might be present. And 9 Q. Were you done? I didn't mean to cut you off. 10 then I throw in another thing for the defense, which is10 A. Yes. I'm done with my answer. 11 the presence or absence of smoking-caused emphysema. What 11 I don't know if it's my phone or your phone, but 12 12 these questions, these answers talk about is whether I sawit's a little slurred, so it's hard tracking. 13 any of those markers. 13 Q. Let's talk about a little bit of the fact that 14 The first one was were there changes that have 14 you've said you found calcified and non-calcified pleural 15 the appearance of distribution of asbestosis, and the 15 plaquing. Where was the calcified pleural plaquing found? 16 answer was yes. Low profusion, which means a low amount 16 A. Understand that this particular study was 17 changes were present. Were there plaques. Yes, there 17 provided to me on film format, not on a digitized type of 18 were calcified and noncalcified plaques. And were there 18 picture, and it's from 2007. Neither I -- what we do is 19 other pleural changes. Yes, there was diffuse pleural 19 we read the films, I read the films, and then we, meaning 20 20 thickening, which is the sticking together of the lining my office, sends the films back to the firm, in this case 21 of the chest wall with the lining of the lung. And that 21 the Brayton firm. 22 22 can result in some cases a thicker scar mass that extends Our office does not have the films anymore. And 23 23 into the lung cavity itself known as cicatricial or benignwe did make a call this morning to the site or the company 24 24 fibrotic scarring, which at times can become more rounded that owns the site that did the study, and they no longer 25 and grab part of the lung, and that's called rounded 25 have the films either. So it's more than 10 years old. Page 11 Page 13 4 (Pages 10 - 13) Aiken Welch, A Veritext Company 510-451-1580 1 So all I can do is go on my form here. If you 1 Q. Was there anything else within his lungs that you 2 look at my form, under "3B, Pleural Plaques," it gives the 2 saw that you associated with smoking history? 3 slice numbers where plaques were present with the 3 A. There could be an overlap obviously of 4 understanding that these were sample numbers. There may 4 malignancies caused by cancer and/or asbestos, and 5 be more than just what I'm indicating. But whenever I 5 certainly the two together can make it even a more likely 6 read them,