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  • GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al ASBESTOS document preview 
						
                                
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                                ALAN R. BRAYTON, ESQ., S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
BRAYTON*PURCELL LLP

Attorneys at Law

222 Rush Landing

P.O. Box 6169 ’

Novato, California 94948-6169

(415) 898-1555

Attorneys for Plaintiff

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

* MAR 01 2010

Clerk of the Court
BY: RAYMOND K. WONG
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN

FRANCISCO

BY FAX

GODOFREDO PIQUE,
Plaintiff,
vs.

ASBESTOS DEFENDANTS (BP) etc.

Defendants.

) ASBESTOS
No. CGC 08-274659

DECLARATION OF INA RHEE, M.D.,
Ph.D. IN SUPPORT OF MOTION FOR
PREFERENCE IN TRIAL SETTING

Date: MAKCH 30,2010

Time: 9:30 a.m

Dept:. 206, Hon. Judge James McBride
Trial Date: April 19, 2010

)
)
)
}
)
)
)
}
)
,
) Date Action Filed: May 8, 2008

I, INA PARK RHEE, M.D., Ph.D., declare:

1. lama physician licensed to practice medicine in the State of California. lama
staff oncologist at the Veterans Affairs Palo Alto Health Care System (VA

PAHCS) at 3801 Miranda Avenue, Palo

Alto, California 94304. I am Board

Certified in Internal Medicine and Medical Oncology.6508491213

07:56:19 p.m. 02-19-2010

. 1am the treating oncologist of GODOFREDO PIQUE, the plaintiff in this action.

Mr. Pique is 64 years old, and he suffers from non-small cell lung cancer that has

spread to the bones, liver, and brain. Mr. Pique is a lifelong non-smoker.

. Uhave reviewed the medical records of Mr. Pique, and I recently saw him on

February 12, 2010. Mr. Pique was diagnosed with lung cancer in February 2008,
He underwent a right upper lobectomy in April 2008 and received postoperative
chemotherapy between May and July 2008. In October 2008, he underwent a
computed tomography (CT) scan and a positron emission tomography (PET)-CT
scan that both showed evidence of recurrent Jung cancer that had spread to lymph
nodes in the chest, to the lining of the lung, and to a rib. He underwent a

bronchoscopy and biopsies that confirmed the recurrence of his lung cancer.

. Since November 2008, Mr. Pique has been treated with sequential chemotherapy

tegimens. He initially received a combination of carboplatin, paclitaxel, and
bevacizumab. Because his lung cancer progressed after initially responding to
therapy, his chemotherapy was switched to erlotinib, which he received between
June 2009 and August 2009. When his disease progressed again, the drug
pemetrexed was added to the erlotinib between August 2009 and November 2009.
He also received radiation therapy to painful rib metastases in August and
September 2009.

. In December 2009, Mr. Pique underwent a PET-CT scan that showed progression

of his lung cancer. He described frequent episodes of coughing up blood. His
chemotherapy was interrupted so that he could receive radiation therapy to areas
of the chest involved with lung cancer in order to stop this coughing of blood.

. In January 2010, Mr. Pique developed headache, nausea, and vomiting. A brain

MRI showed a lesion suspicious for either metastatic cancer or an infection. A
biopsy was performed that confirmed the spread of his lung cancer to the brain.
Mr, Pique was treated with stereotactic radiosurgery for this brain metastasis.

3f46508491213 67:56:33 p.m. 62-19-2010 ah

7. Mr. Pique is currently scheduled to begin another round of chemotherapy late
February, 2010. The intent of the chemotherapy is to alleviate symptoms related
to the cancer and to potentially prolong his survival. However, Mr. Pique's widely
metastatic lung cancer cannot be cured with chemotherapy.

8. Mr. Pique is currently affected by shortness of breath, fatigue, weakness in his
right arm and leg, pain in his back, and numbness in his hands and feet. These
symptoms are related to his cancer or to the cancer treatment. It is my opinion
that there is substantial medical doubt of Mr. Pique's survival beyond six months,
and that he may be too ill to attend his trial if the trial does not commence within
120 days. My opinion is based on the extent of Mr. Pique's metastatic lung

cancer, his current frailty, and the extensive treatment he has already received.

Executed on Eebne 19,2912 Palo Alto, California.
I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

lia Cex

Ina Park Rhee, M.D., Ph.D.

BY FAX