Motion-Secondary: GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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                                LANKFORD
CRAWFORD

MORENO LLP.
ATTORNEYS ar LAW

PAUL V. LANKFORD (State Bar No. 181506)

plankford@Iclaw.com
PAUL LANNUS (State Bar No. 192551) ELECTRONICALLY

plannus@lelaw.com
LANKFORD CRAWFORD MORENO LLP sopehr IL ED.
1850 Mt. Diablo Blvd., Suite 600 County of San Francisco
Walnut Creek CA 94596 JAN 25 2012
Telephone: 925.300.3520 Clerk of the Court
Facsimile: 925.300.3386 BY: JUDITH NUNEZ

Deputy Clerk
Attomeys for Defendant
FORD MOTOR COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROSITA PIQUE, as Wrongful Death Heir, ASBESTOS
and as Successor-In-Interest to
GODOFREDO PIQUE, Deceased; and Case No, CGC 08-274659
MARLENE SANCHEZ, GREGORY
PIQUE, FREDERICK PIQUE, as Legal DECLARATION OF PAUL LANNUS IN SUPPORT

Heirs of GODOFREDO PIQUE, Deceased, OF MoTION IN LIMINE TO EXCLUDE
PLAINTIFF'S ANIMAL STUDIES EVIDENCE AND
*Plaintiff, ANY EXPERT TESTIMONY BASED THEREON
[MIL #05]

v.

ASBESTOS DEFENDANTS (B#P),

Defendants.

I, PAUL LANNUS, declare as follows:

1. Tam a member of the State Bar of California and an attorney with LANKFORD
CRAWFORD MORENO LLP. counsel of record for Defendant in the above action. I have
personal knowledge of the facts set forth in this declaration and, if called as a witness, could and

would testify competently to such facts under oath.

* The use of the term “plaintiff as used herein refers to the plaintiff in a personal injury action and the
decedent in a wrongful death action; and the use of “plaintiff” shall refer to both plaintiff in the singular and plural, as
appropriate.

[MEL #05]LANKFORD
CRAWFORD

MORENO LLP.
ATTORNEYS ar LAW

2, Attached hereto as Exhibit A is a true and correct copy of relevant excerpts from
the deposition transcript of Dr. Arnold Brody, dated June 3, 2002, in Batterman v. A.P. Green
Industries, San Francisco Superior Court Case No. 402383.

3. Attached hereto as Exhibit B is a true and correct copy of relevant excerpts from
the trial transcript of Dr. Arnold Brody, dated February 16, 2001, in Prior v. Raybestos
Manhattan Inc., San Francisco Superior Court Case No. 313504.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on this 14th day of December 2011, at Walnut Creek, California.

[MEL #05]EXHIBIT A

EXHIBIT AIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE-COUNTY OF SAN FRANCISCO

2
. ---000--- -
° SEN IW
4 JACKIE E. ROBINSON and JUDY ROBINSON, CY) }
5 Plaintiffs, .
vs. No. 400705
6 :
A.P. GREEN INDUSTRIES, INC.; et al.,
7 Defendants.
/
8 RICHARD and LEOLA BATTERMAN,
9 Plaintiffs,
4 vs. No. 402383
0 :
A.P. GREEN INDUSTRIES, et al.,
"1 Defendants. -
La 42 VICTOR and FRANCESCA TRINCHESE,
. ” 13 Plaintiffs, .
y . : vs. No. 400787
: 14
RAYBESTOS MANHATTAN, et al.,
15 Defendants.
. /
16
17 TELEPHONIC DEPOSITION OF ARNOLD BRODY, Ph.D
18
19 Taken before CATHERINE M. MEYER
20 CSR No. 11596
24 . . June 3, 2002
22
23 ri = One Kaiser Plaza, Suite 505
AY iio Oakland, California 94612
: 24 pase 510/451-1580 Fax 510/451-3797
ye 7 .
25 Mec Certified Shorthand Reporters46

epidemiological case-study literature for that. But I
mean, I’ve seen cases of a couple of months or, you
know, years, a couple of years of household-type
exposures, that sort of. thing. I consider those
relatively brief.

Q. But you haven't -- in your work with animals
and rats, you've never done any testing resulting jin
mesothelioma being diagnosed?

A. That's right. We don't expose the animals.
And similar to the questions that I answered to the
gentleman, we don't let the animals go long enough to
induce cancers. We haven't in the past, although those
kinds of things are changing now, but the answer to your
question ts correct; that's right.

Q. And would you expect to see mésothelioma
develop as a result of exposure to ambient levels of
asbestos?

A. I wouldn't expect that, no. Certainly no one
has ever shown that to be the case.

Q@. And you had mentioned that mesothelioma you
believe is not necessarily a dose response; is that
correct?

A, Right.

Q. And what is the basis for that opinion?

A. Well, that's the issue of these brief

Aiken & Welch Reporters A. Brody 06/03/02' : o |

1 mechanism of cancer Formation, that's right.

Q. I've seen your trial and deposition testimony
in other cases, and I've heard -- I've seen your -- you

set forth your: opinions regarding how animal research is

how is it inapplicable to the human models?

A, You mean what can we not use animals to do?

2

3

4

5 applicable to the human model. But I'd like to ask you
6

7

8

Q. Yes, in the case of asbestos.

9 A. Sure. Well, like any model, it has its

10 limitations, and I'd Vike to be able to tell you that we
4. can establish dose responses, for example, using
, 12 animals, but we can't do that. I'd like to be able to
13 tell you that we can tell you about the time frame of
14 disease development tising animals, and we can’t do that
15 because the animals' lifespans are so different than
16- humans. Those are the two major shortcomings of animal
17 models. So I guess I'll leave it at that point.
18 Q. And it's my understanding that some of the
19 other reasons that it's inapplicable that you've been
20 testifying to in the past is it's not a perfect mode}
24 because obviously you're not dealing with humans: is
22 that correct?
23 A. Oh, sure. That's what I say. Anytime you're
24 dealing with animal models, you have to make

26 correlations. And the gentleman previously -- never

( é
Aiken & Welch Reporters A. Brody 06/03/0262

mind. Go ahead. I answered your question.. Go ahead.

Q. Also it's inapplicable because the animals do
not live as Tong as humans; is that correct?

A. I thought I just said that.

Q. That diseases also develop at different rates
in your animals versus humans?

A. I think I said that, too, but yes.

Q. Also that the lungs are not exactly the same
size in the animals that you use versus humans?

A. Well, that turns out to be not a problem. That
is not a shortcoming because if you look at the
individual functional units of the tung, that js the
cells and the smal? air spaces, even though there are
fewer of them, they’re the same size and they do exactly
the same things in animals as they do in peepie, so that
turns out not to be a shortcoming. The genetic prafile
ofthe animal is very much the same as ours, so again,
that's not a preblem. :

Q. Do rats make asbestos bodies?

A. Very few. They don't make asbestos bodies with
the same rate as people. But fortunately that's not a
Problem because asbestos bodies don’t play much of a
role in disease. And if you use animals Tike guinea
Pigs or hamsters, they make perfectly good asbestos

bodies. So the making of asbestos bodies is not a

Aiken & Welch Reporters A, Brody © 06/03/02>

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A. That's correct. That's right. Individual
fibers can only be seen with a microscope; that's right.

Q@. Would you agree that chrysotile is more easily
cleared: from the lungs than other varieties of asbestos?

A. Certainly. -

Q. Have you done any studies regarding that
opinion? ,

A. Right. And that's outlined in those papers I
just mentioned to you.

Q. How often do you do any sort of purity testing
related to the asbestos done in your studies?

A, Well, we've done the purity testing, and the
batches of asbestos we use remain unaltered. I mean,
nobody does anything to them, so they remain pure.

Q. Have you ever found any tremolite in any of the
chrysotile asbestos that you've used?

A.. We've found a rare tremolite fiber. It's
very -- it's vanishingly small amounts of tremolite.
Very hard to find a tremolite fiber.

Q. Any other asbestos fibers or anything else
you've found with the chrysotile fibers you've used?

A. No.

Q@, And you've never exposed any animals to
automobile brake dust; is that correct?

A. That's right, correct,

Aiken. & Welch Reporters A. Brody 06/03/0283

Q. You've never attempted to corollate any anima}
studies to any presumed level of exposure to automobile’
friction products?

AL Correct.

Q.- And you're familiar with the term "friction
products"; is that correct?

A. Well, I mean, I don't know - I wouldn't
testify to what that means. .

a. What's your understanding of friction products,
sir? :

Like brakes.

Brakes and clutches?

> 2 >

Clutches, yeah.

Q. Are you familiar with the theory that
geothermal forces during the braking of an automobile
convert asbestos into fosterite (phonetic)?

A. I thought it was forsterite, but I coutdn't
tel} you what that is.

Q. You're familiar with that theory?

A. I've heard that.

Q. Have you ever exposed any animals to
forsterite?

A. No.

Q. Or a mixture of forsterite in asbestos?

A. No.

Atken & Welch Reporters A. Brody 06/03/02=

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87.

Q. You've characterized changes induced in your
animals through experiments as precursor lesions; is
that correct?

A. That's right.

Q. And have you done any studies beyond six months
to see whether those lesions are still present after six
months? :

A. Yes. We've gone out to a year now.

Q. Is that study published?

A.. It's been submitted. It's not accepted yet to
my -- I don't think: . I'm not the first author on that,
so I can't tel? its current position. But I know we've
done it. We reported it in-abstract,:at the ATF last
year. So we've gone out to a year after exposure, and
the lesions are clearly presented. _ :

@. And you submitted that in abstract form?

A. Right, .

Q. Can I get a copy of that abstract, or is it
referred to on your CV?

A. I don't refer te any abstracts on my CV, but
it's the publication of the American -- it's in the
American Journal of Respiratory and Critical Care
Medicine which publishes the abstracts of the American
Thoracic Society Meeting. So you can find it in last

year's meeting.

Aiken & Welch Reporters A. Brody 06/03/02provided with any information regarding BorgWarner?
A. No. ,
MR. KIRBY: Thank you, sir.
EXAMINATION BY NR. BRYDON:
Q. This is John Brydon.

Dr. Brody, how are you?

A. Fine, Thanks.

Q. Rather than going through any specific product
or defendant, have you been provided any information
about any product of any defendant in this lawsuit?

A. No.

Q. And jin terms of your tests, do your tests
involve products at ali?

A. No.

MR. KIRBY: TI have nothing further.
EXAMINATION MS. NUSSER:
Q. Doctor, if nobody else have any follow-up --

this is Linda Nusser -- I have a couple of questions,
Would you agree that you give your animals in
the research study higher concentrations than generally
occur in the workplace?
A. Nowadays, yes.
Q. And you say “nowadays,” could you give me a
time frame on that?

A. Well, the only levels that I've seen that

Aiken & Welch Reporters A. Brody 06/03/0296

equate to what our animals get is referred to as heavy

exposure that insulators got early in the years of

exposures, maybe ‘30s, ‘40s and 50's, but -- and if this

happened in the ‘60s; I don’t know about it. But that's -

typically what I understand.

Q. But that's the only setting that you're aware
of that would be at all related to the research setting
that you've created?

A. Well, that's not exactly right. I mean, in
other words -- ,

Q. In terms of the concentrations.

A. Yeah, in terms of the concentration, that’s

correct. Now, certainly the disease that's developed is

relevant to any exposure that causes asbestosis, It
just happens at a different rate and develops different
degrees of disease.

Q,. Would you also agree that you give your animals
higher concentrations than generally would occur while
someone was performing any brake or clutch work?

A. Well, I just don't know that. I have no idea
what kind of ‘concentrations would result from such.

Q. And you haven't done any research on that
issue; is that correct?

A. That's correct.

MS. NUSSER: Thank you, sir. No further

Aiken & Welch Reporters A. Brody 06/03/02EXHIBIT B

EXHIBIT Boo

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COPY

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND €0OR THE CITY AND COUNTY OF SAN FRANCISCO
HONORABLE CHARLENE PADOVANI MITCHELL, JUDGE PRESTOINGS
DEPARTMENT NO. 606 .

=--000---

MS. RENEE PRIOB, :
COURT Wo.” 313604,

PLAINTIFF,

vs.
RAYSESTOS-MANHATTAN, INC,, ET AL.,

DEFENDANTS -

REPORTER'S TRANSCRIPT OF PROCEEDINGS
FRIDAY, FEBRUARY 16, 2002
(VOLME 14 PAGES 1921-1109)

FOR THE PLAINTIFF: WARTNICK, CHABER, MAROWITZ © TIGERMAN
BY: STEVEN H. HARONITZ, ESQ.
40] CALIFORNIA STREET, SUITE 2200
SAN ERANCISCO, CALEFORNTA 94111

FOR AMERICAN SUZUKI BECHERER, KANNETT ¢ SCHWEITZER

HOTOR CORP. + BY: ANGUS H. HACLEOD, ESQ.
2200 POWELL STREET #505 L
EMERYVILLE, CALIFORNIA 94608Q. Have you testified ac the request of acterneys for
ranufacturers of asbestes-containing products?

BR. Yes, F have, sure.

Q. And was your testinony the same whether you are-testifying
for at the request of a plaintiff or request of a defendant in
one of these cases?

A. Well, of coursé, if somebody would like me to come in and

explain to a jury how asbestos causes lung disease I can do,

that.
HR. KAROWITZ: Your Honor, at this time T would offer

por. Brody 2s an expert in the cell biology, and specifically”
pathogenesis -of, asbestos diseases.

THE COURT: Counsel.

MR. GITFORD: No objection.
THE COURT: Okay. Then, members of the jury, for the
purposes of this trial Dr. Brody is qualified to testify as an
expect in the area of cell biology and specifically the
pathogenesis of asbestos diseases.
MA. HAROWTTZ: Thank you, Your Honor.
Q. Dr. Brody, before we get into ~~ I know you brought some
slides with you coday té hopefully show to the jury. “Before we
get into that could you tell us, do you believe that anima}
testing is e valid tool fer determining whether humans can
develop certain diseases?
Ar Well, in nany cases, certainly. I mean, it doesn't tell

you everything you need to know, and it doesn’t teil you all of

the agents that can cause disease in man. { mean, there is no

Soubt you can't make broad scatements, but if you do the20 &

A. Tremendous variability at] the way from hundreds of aicrons

down to the smallest fragment, and Chey will remain. The

reason for Chat is because asbestos fibers can line up along
the Clow of air so, in other words, they are not necessacily
tumbling and getting caught. A lot of them, I hope it is
‘clear, that when you take a breath of asbestos and there is:
asbestos in the air that some of those fibers inlay in all

aspects of the lung, some in the nose, some in che back of the

throat, some in your airways. sone go all the way out to the

pleura, and the Longer one can go just Like the shorter ones

because they line up in the Flow of aic, and have sort of .

stream line effect down the airway-

Q. ‘Ace you going to show us now whet effect Chese asbestos

ibers can nave on che Lung?

A. In order to da that we have to use animsls. Once a person

comes to the ¢linic with a disease it is impossible to show you

wnat hes heppened over the decades, and the same thing is with

an animal. {£ an animal has already developed a chinical

disease, I ean, that he's short of breath, has scar tissue or

cancer, [ can't show you what has happened either.

in the next few slides what I am going to show you are &

fev slides of the results of our animal Study where I expose’

the animals foc a very short time. I am talking about an hour,

exposed aninals for an hour, sometimes three hours a day for

three times. Sometimes one day 2 week for eight weeks. bee

these are always veey short exposures. So lt can look at ther

immediately after the exposure. 1 expose chem foc an hour,

€ anesthetic, take the lung out “Like

give animals an overdose o