Request,Application: CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS

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                                BRAYTON@PURCELL LLP

ATTORNEYS AT LAW

222 RUSH LANDING ROAD

PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

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ALAN R. BRAYTON, ESQ., S Be 73685
DAVID R, DONADIO, E883 8 #154436
NANCY T. WILLIAMS, ESQ., SB . #201095
CHRISTINA D. HART, ESQ. , S.B. #236548

ELECTRONICALLY
FILED

BRAYTON*PURCELL LLP Superior Court of California,
Attorneys at Law County of San Francisco
222 Rush Landing Road OCT 15 2013
P.O. Box 6169 Clerk of the Court
Novato, California 94948-6169 BY: TJ MOROHOSHI

(415) 898-1555 Deputy Clerk

Attomeys for Plaintiff

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

CHARLES HUSBAND,
Plaintiff,

ASBESTOS
No. CGC-09-275098

DECLARATION OF NANCY T.
WILLIAMS IN SUPPORT OF
APPLICATION FOR ENTRY OF
DEFAULT JUDGMENT AGAINST
DEFENDANT MARINE ENGINEERING
AND SUPPLY COMPANY

Date: January 14, 2014

Time: 9:00 a.m.

Room: 514, Hon. Donald Sullivan
Filing Date: March 2, 2009

Trial Date: Not Applicable

VS.

ASBESTOS DEFENDANTS (BP)

eee

I, Nancy T. Williams declare:

1. fam an attorney at law duly licensed to practice in the State of California, and
am an associate with the law firm Brayton**Purcell LLP, attorneys for record for plaintiff
herein. | have reviewed the file in this matter and made this declaration on the basis of that
review:

2. Attached hereto are true and accurate copies of the following exhibits showing
the evidence of asbestos related injury and illness and the economic damages and non-economic
damages in this case:

Exhibit “A”: Report of Herman R. Bruch, MD
il

iden ogee eta en MAREN OM Yr 1
NOCO Oe NY A HW eB wD wm

RN MY BN RNR RRQ meet
ec KAA BW NHN &§ SO we IQA WH BF BN SF

Exhibit “B”: Copy of Request for Default Judgment, Proof of Service and
Statement of Damages served upon Defendant.

Exhibit “C”: Declaration of Frank Ganzhorn, MD.

Exhibit “D”: Declaration of Plaintiff CHARLES HUSBAND

Exhibit “E”: Declaration of James P. Nevin

3. This action for damages arises from the asbestos related injury of Plaintiff.
Plaintiff filed a complaint for personal injury naming MARINE ENGINEERING AND
SUPPLY COMPANY (hereinafter “defendant”) as one of several defendants. The complaint
set forth the work history of plaintiff evidencing plaintiffs exposure to asbestos caused by
defendant MARINE ENGINEERING AND SUPPLY COMPANY. The operative summons,
complaint and Statement of Damages was served on defendant and defendant has failed to
defend or otherwise appear in this action. Plaintiff has filed proof of service of summons on
defendant as well as a request for entry of default and Statement of Damages.

4, Plaintiff was diagnosed with and suffers from disease and illness caused by his
exposure to asbestos. (See true and accurate copy of the declaration of plaintiff's doctor,
Herman R. Bruch, MD, is attached hereto as Exhibit “A”).

5. Plaintiff's work history, attached in Exhibit A to the Complaint, shows exposure
to asbestos containing product caused by MARINE ENGINEERING AND SUPPLY
COMPANY. Plaintiff brought this action against MARINE ENGINEERING AND SUPPLY
COMPANY for negligence under asbestos product supplier and contractor liability causes of
action. Plaintiff was exposed to asbestos containing insulation products supplied by defendant
MARINE ENGINEERING AND SUPPLY COMPANY and/or installed and/or disturbed by
said defendant as a contractor. Such exposure contributed to cause plaintiff's asbestos-related
disease.

6. The declaration of Internal Medicine Specialist and Pulmonologist Frank
Ganzhorn, MD, a true and accurate copy of which is attached hereto as Exhibit “C”, shows that
the average cost of medical monitoring for persons having been exposed to asbestos is

$7,500.00 per year, with a future estimated hospitalization cost of an additional $50,000.00.

TUSGMENT RG ANSAREFENDANT ADCO em IN DH BY nN

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7. Pursuant to CACI 3932 and Table A - Life Expectancy Table — Male (pages
1170 — 1171), the average life expectancy for Plaintiff CHARLES HUSBAND, who is age
65, is 17.3 more years. The total medical monitoring of $7,500.00 per year multiplied by 17.3
more years is $129,750.00. That amount, plus the cost of even one future hospitalization
($50,000), equals a total medical damages of $179,750.00.

8. Plaintiff's declaration, a true and accurate copy of which is attached hereto as
Exhibit “D”, provides plaintiff's testimony as to his pain, mental suffering, loss of enjoyment of
life, disfigurement, impairment, inconvenience, grief, anxiety, humiliation, distress, and fear of
cancer as a result of his asbestos related disease.

9. In further support of plaintiffs reasonable request for non-economic damages,
plaintiff's counsel, James P. Nevin, has provided a declaration detailing typical jury non-
economic damages verdicts for cases (Exhibit "E").

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. ~

Executed on the MM say of Octobe er , 2013, gt Novato, California.

KeMojurea 05815 :CL-Mtn Defaul: Jgmat MARENG ONLY swash

ERE ER SAME OOS ERIE RN SUITE COMER TOTEXHIBIT ADIAGNOSTIC SPECIALTIES LABORATORY (PAKO/DSL, INC., P.S)
Samuel P. Hammar, M.D. F.C.C.P.. F.C.AP.. Director
700 Lebo Boulevard ~ Bremerton, Washington 98310

e-mail: hammar.dsi@hommail com

Website: samhanmarmd.com

Voice; 360-479-7707 Facsimile: 360-479-7886 Washington State: 800-762-2344

Name: BARNES, VINCENT LEROY = Age: 67 (M)

DOB: 08/13/42 DOD: 12/02/09
Court:
Superior Court of California, County of San Francisco; CGC-10-275545 Date Received: OT/OT/10

Barbara Barnes (WD: Vincent Barnes), et al., vs. Kaiser Gypsum, et al. Date Transcribed: 10/11/14

Requested by: Gina Griffin, Administrative Assistant

Pathology: 17 slides/10 blocks: Records (see previous L09-028):
17 slides/10 blocks WRS10-1 Death certificate

Barry Born, M.D. — 86/16/09
Richard Luros, M.D. — 04/28/89, 11/20/09
Daniel Powers, M.D. ~ 03/11/09
William R. Salyer, M.D. - 02/05/10
Carmichael Care & Rehab Center
Mercy General Hospital ~ Sacramento
UC Davis Hospital & Medical Center
Answers to Interrogatories (WD, Set 1)

Firm: Brayton Purcell — Novato, CA Phone: 415-898-1555 | Fax: 415-898-1247

Received from Brayton Purcell, Novato, California, are pathology materiais and medical
records as inventoried above.

| previously reviewed pathology materials and medical records concerning Mr. Vincent L.
Barnes (our LO9-028) and concluded he had a small ceil jung cancer that was caused by the
combined effect of asbestos and cigarette smoke carcinogens,

Answers to Interrogatories:
Responding party: Barbara Elaine Barnes, Spouse (DOB April 21, 1941},

Smoking history (#23): Decedent smoked 0-3 packs of Pall Mall and Marlbore brand
Cigareties from 1958 to 2007 [49 to 147 pack year smoking history).

Work/Exposure History (#26):
Response to interrogatory No. 26 listed ’ employment history as follows:

Employer:. Location of Expost Job Tiller: | Exposure Dates: :

Oil City Senlor High School | Oil City, PA Weider (student) 1958-196)
oe . . (3 academic years}
Job Duties: Plaintiff completed a hands-on welding class. Plaintiff practiced welding metal plates with LINCOLN)
6010 and 6011 welding reqs. Plaintiff stepped on the used rods inroughout the day until it was time for him fo
clean and sweep the area. Plaintiff currently contends he was expesed to asbestas from | 957-1960 while
attending Cil City Senior High School.

Sunoco Service Station Oil City, PA Service Station Attendant | 1959-1961

Job Duties: Plaintiff pumped gas and washed vehicles. Plaintiff was present when mechanic Roy {last name

unknown) replaced mufflers, brakes, and clutches, Plaintif recalled one service bay with a left. Plaintiff recalled

L10-187 Barnes, Vincent L, Page I of 14

S8BL62r09E SBWHHH ad * 18d e2Si20 TT 2Tt 290the mechanic used compressed air to blow brake debris. Plaintiff recalled the mechanic serviced domestic
vebicies manufactured by GENERAL MOTORS, FORD, CHRYSLER, MERCURY (FORD MOTOR COMPANY}, CHEVY
(GENERAL MOTORS CORPORATION], AND PLYMOUTH {CHRYSLER}. Plaintiff currently contends he was exposed to
asbestos during this employment.

United States Navy Various locations Trainee 12/27/1961-4/1962
Steelworker 4/1962-8/12/1962
Welder/Secbee B/18/1962-4/26/1985
Weider/Seubee 07/5/1968-1971
Note: Plaintiff re-enlisted
on July 5, 1966
Welder/Seabee 8/1971-5/1972
(Superintendent}
Working Superintendent 6/1972-12/1981

Job Duties: Plaintiff completed basic training at Camp Nimiiz, San Diego, Califomia, Plaintiff then
attended Class A school at Port Hueneme, Califomia, te become a steelworker. Plaintiff completed
class work and hands-on welding work. Plaintiff welded with LINCOLN 6010 and 4011 welding rods.
Plaintiff erected and disassembled a tower for practice. Plainliff fabricated a tank. After completion
of training, plaintiff was assigned fo NMC8-5 {Naval Mobile Construction Battalion) as a structural
welder at Guam, Plaintiff welded structures and fabricated | beams for base facilities in the Pad Screa.
Plaintiff used LINCOLN "Fleetweld” and 6011 welding rods and asbestos welding blankets when
welding. Plaintiff dipped and buried pieces of metal into a bucket of asbestos powder fo stabilize the
temperature. Plaintiff then traveled back to Port Hueneme, California, and San Diego, California, for
drills and training. Ai Futenma, Okinawa, plaintiff worked at a weiding shop for steel maintenance.
Plaintiff welded and repaired with LINCOLN “Fleetweid", 6010 and 6011 welding rods. Plaintiff repaired
machinery and equipment such as cranes and ground support vehicles. Plaintiff repaired the furnace
in the mess hall building, Piaintiff opened the boiler in the mess hall to go inside for repairs. Plaintiff
replaced insulated tubes and re-insulated them with pipecovering. Plaintiff also replaced insulated
steam pipes throughout the base. Plaintiff recalls cutting a part from underneath on aircraft crane
with o torch while a civilian worker worked on the transmission, Plaintiff also worked as a fruck driver fo
procure maintenance supplies on a daily basis. Plaintiff went back fo Port Hueneme, California, for
drills and training. in 1966, plaintiff was discharged. Plaintiff currently contends he was exposed to
asbestos during this empioyment.

Plaintiff re-enlisted on July 5, 1966, and awalted orders at Davisville, Rhode island. Plaintiff worked with
cast iron melting pots and around a furnace. Meanwhile, plaintiff made aluminum battalion plates in
8 x8 size. Plaintiff mixed asbestos powder with water fo be used in the cool down process for the
plaies. Plaintiff used welding rods and welding blankets. Plaintiff traveled to Da Nang and Ninh Hoa
for his first tour during the Vietnam War. Plaintiff was assigned to NMCB-58 as part of a quarry
detachment team that quartied sand and gravel for asphalt roads. Plaintiff worked as a welder and
repaired equipment for the rock quany, Plaintiff repaired “teeth” and "tracks" for CATERPILLAR D8
tractors, crushers, and loaders, Plaintiff welded jaws and rollers for crusher equipment. Piaintiff also
repaired INTERNATIONAL HARVESTER COMPANY (NAVISTAR, INC.) and EUCLID earth moving
equipment. Plaintiff worked alongside mechanics who replaced brakes and performed repairs on
JEEP vehicles, MACK trucks, EUCLID trucks and dozers, and the above-mentioned equipment he
repaired, Plaintiff came back to Davisville, Rhode Island, for rest and training. Plaintiff then went to Da
Nang and Cam Lo in Vietnam for his second tour. Plaintiff performed the same Job duties as described
in his first tour. In addition, plaintiff used a welding machine that leit casings around his feet. Plaintiff
tecails stepping and crushing the casings. Plaintiff drove a bus around the Naval Training Center at
Great Lakes, llinois. Plaintiff later worked as a welder using LINCOLN “Fleetweid" 6010 and 6017
welding rods. Plaintiff recalls repairing dumpsters and performed maintenance around the base.
Plaintiff became a welder superintendent af the Naval Air Station in Da Nang, Vietnarn, Plaintiff
supervised welders in the welding shop. Plaintiff was present when weiders performed repairs and
weids with LINCOLN “Fleetweld” 6010 and 6011 welding rods. At Atsugi, Japan, plaintiff was a working
superintendent during the construction of the open berth barracks. Plaintiff supervised plumbers and
worked alongside them. Plaintiff removed existing insulated steam pipes and installed new ones in
three two-story barracks (Barracks #151 to 153}. Plaintiff instalied a radiator in every room. Plaintiff

L10-187 Barnes, Vincent L. Page 2 of 14

S88462+409E SYUWWHH ad * 1Sd e2Si40 TT et 390recalls there were af least 20 rooms on each floor. Plaintiff insulated the bare pipes on the radiators
with pipecovering. Plaintiff usec wires to tie the pipecovering and then wrapped the pipes with
asbestos cloths. Plaintiff performed carpentry work, including stick framing, drywall work with taping

| and joint compound. Plaintiff recalls taping compounds came in paper sacks that he had to mix with

water. Plaintiff recalls using GOLD BOND brand drywall products and sanded the dried taping and
joint compound. Plaintiff went back 1o Por? Hueneme, California, for training and was re-assigned fo
NMCB-S, Plaintiff then traveled to Diego Garcia tsland. Plaintiff ouilt two tanks and installed pipes and
valves. Plaintiff welded pipes with 6011 welding rods. Plaintiff repaired pontoons by sandblasting and
welding wilh 6019 or 6011 welding rods. Plaintiff left Diego Garcia Island for more training at Port
Hueneme, California. Plaintiff inen became a superintendent of a construction project in Sicily. Plaintiff
oversaw the building of an Officers’ Club. Plaintiff was present throughout the project from foundation
up. Plaintiff welded siructural beams and re-bars with 6010 and 6011 welding rods. Plaintiff was in close
proximity when others cut cind installed sheetrock and taped, applied and sanded joint compound.
From Sicily, Htaly, plaintiff went back to Port Hueneme, California, for training and traveled to Puerto
Rico. Plaintiff performed and supervised a construction project. In approximately October 1978,
plaintiff was assigned to CBU-416 {Construction Battalion Maintenance Unit-414)} at Naval Air Station,
Alameda, Caiifornia. Plaintiff worked in H a welding shop. Plaintiff repaired base machinery equipment
including CATERPILLAR graders and ditch diggers by welding. Plaintiff performed necessary repairs on
base vehicles manufactured by DODGE {CHRYSLER LLC), GENERAL MOTORS, and FORD. Plaintiff recalls
working on CHEVY {GENERAL MOTORS CORPORATION} trucks. Plaintiff straightened out the hoods of
base vehicles and disturbed insulation underneath the hoods. Plaintiff supervised the construction of a
childcare facility on the base. Plaintiff recalls this was cn existing World War Il building, Plaintiff's crew
gutted the whole building and kept the main structural frames. Plaintiff's crew then cut and installed
new drywall. Plaintiff's crew taped and applied joint compound. Plaintiff also supervised the
construction of a 1600 square foot community center off base in Concord, California. Plaintiff was
present from foundation up and recalls there was a cathedral ceiling built by his crew. Plaintiff visited
the mechanic's garage/shop on a daily basis. Plaintiff was present when the mechanics replaced
brakes and clutches and performed basic maintenance services, Plaintiff recalls the mechanics used
compressed air to blow out the brake drums. Plaintiff recails the mechanics performed work on the
same vehicles he did, including vehicies manuiactured by DODGE (CHRYSLER LLC}, GENERAL MOTORS,
FORD, and CHEVY (GENERAL MOTORS CORPORATION). Plaintiff currently contends he was exposed to
asbestos during this employment,

Throughout plaintiff's Navy career, he and others created their own gaskets with GARLOCK gasket
sheets, Plaintiff used the GARLOCK gaskets fo flange pipes and valves jogether. Plaintiff used asbestos
welding blankets and gloves.

Sacramento job Corps Various locations in Bus Driver 1982 [4 months).
Sacramento, CA

Job Duties: Plaintiff drove a bus in Sacramento, CA. Plaintiff is currently unaware if he was exposed to asbestos
during this employment.

Roadrunner Trucking Various locations in Truck driver 1982-1990
Sacramento, CA

Job Duties: Plaintiff drove a truck in Sacramente, CA. Plaintiff is currently unaware if he weis exposed to asbestos
during this emptoyment.

C&S Machine & Repair Various locations in CA Welder 1990-July 2007

Job Duties: Plaintiff welded and fabricated parts for all types of machinery. Plaintiff welded truck
frames, handrails, and copper pipes. Plaintiff is currently unaware if he was exposed te asbestos during
this employment.

Non-eccupational exposure:

Friction: Decedent performed vehicle repair work, including brake, clutch and engine
gasket work. Decedent always cleaned out the brake assemblies with either a foxtaill brush
or compressed air. Decedent regularly obtained replacement brakes, clutches and engine
gaskets from NAPA AUTO PARTS (GENUINE PARTS COMPANY) and BAKER'S parts shop, across

L10-187 Barnes, Vincent L. Page 3 of 14

S8EL6LF09E SYBWWHH ad * 1SG SES:*40 TT 2T 390the sireet from the Sears Roebuck in Oil City, Pennsylvania, Decedent's step-daughter,
Pamela Steams, Sacramento, California, and decedent's son Richard Barnes, Korea, and
Richard Brunner, Sacramento area, California, assisted with some of these vehicle repairs.
Decedeni performed repair work, removing and replacing original, manufacturer's parts, on
the following vehicles: 1965 Ford Mustang (yellow and black}; 1965 Ford Falcon; and 1975
GM Chevroiet C10-van,

Home repair: In 1976, Decedent remodeled his home at 3420 B Street in Oxnard, CA. He
added a room with sheetrock walls. He applied and sanded Gold Band joint compound.
Decedent recalled Frank Woodbury, Yosemite, CA, assisted him with this work. Plaintiff
Barbara Bames, decedent's wife, recalled additional friends who helped in this remodel
work: Oakie Mount, Missouri; and Charles Ruff, deceased. Plaintiff currently contends
decedent was exposed to asbestos during this home model work.

Following are responses to interrogatories No. 28 through 32:

28.  Decedent first became aware that exposure to asbestos was a potential hazard in
the 1980s.

29. | Dececent did not recall observing the use of any safety precautions by anyone
around asbestos or asbestos-containing materiais. Plaintiff's investigation and discovery are
continuing.

30. Decedent did not recall using any safety precautions when working around asbestos
or asbestos-containing materials.

32. Decedeni did not recall being required fo take physical examinations or having
physical examinations made available by employers.

Medical records:
A B-reader report by Dr. Daniel Powers dated February 26, 2009 listed the following
impression on @ CT scan of the chest without contrast:

1) Bilateral pleural plaque formation and right diffuse pleural thickening compatibie
with prior asbestos exposure; further historical correlation for the etiology of the right-
sided pleural effusion and diffuse pleural thickening would be necessary.

2) No definite prone HRCT evidence for asbestosis at this time, although there was a
single slice at the right lung base posteriorly on prone HRCT that showed evidence for
interstitial disease and thus, earliest asymmetric visualization of asbestosis could not be
excluded.

3) No supine spiral CT or prone HRCT evidence for emphysema.

4) Volume toss involving the right lung with litle identification of the right upper lung
zone, showing much thickened scaring. Correlate historically to exclude lung
carcinoma or prior surgical removal.

5) Right loculated pleural effusion (may be related to prior asbestos exposure, underlying
malignancy, or other causes).

6) Apparent infiltrates involving both hilar regions, greater on the right, which has
consolidated, but also seen in the upper left hilum: exact etiology uncertain.

7) Surgical clips anterior to the heart, slightly to the right of midline.

8) Very limited coronary artery calcifications.

9) Limited extra-pleural chest wall fatly deposition.

L16-187 Barnes, Vincent L. Page 4 of 14

988L62r09E SYBKWHH Ad * 1Sd eesi:4z0 IT 2t 390There is an admission history and physical examination by Gordon A. Wong, M.D..
CHW/Mercy General Hospital, Sacramento, CA, dated August 4, 2009 listing the admitting
diagnoses as:

1) Hypotension, questionable secondary to dehydration/malnourished.

2) Recent weight loss (10 pounds},

3) History of small cell lung cancer with prior pericardial/pleural effusion status post
chemotherapy; patient underwent pericardial window as well as tight pleural effusion
drainage: and placement of a right pleural chest tube and two pericardial chest
tubes on May 5, 2008, since resolved.

4) Status post fiberoptic bronchoscopy on May 6, 2008, revealing chronic collapse of
right upper lobe.

5) History of paroxysmal atrial fibrillation, currently in sinus rhythm, off oral Amiodarone
therapy.

6) CT scan July 2008 revealing new lett lower lobe 5 mm pulmonary nodule.

7) Recurrence of metastatic small cell carcinoma with large 4.3 crn brain tumor, status
post left craniotomy with excision and palliative radiation.

Mr. Bames was stated to be hypotensive with a systolic blood pressure in the mid-70s to low
80 range and a diastolic blood pressure in the high 40s to low 50 range.

The plan was to admit Mr. Barnes for 24-hour observation with IV rehydration.

Mr. Barnes was discharged from CHW/Mercy General on August 4, 2009. CEA was 2.4 iU/dL.
Chest radiograph showed no acute changes aside from chronic right upper lobe collapse.
Blood pressure remained stable throughout the course of his hospitalization. He was
rehydrated and felt quite improved.

Received for review are records concerning Mr. Barnes from UC Davis Health System.

The first one is dated August 12, 2009. This report stated for the last two weeks, Mr, Barnes
had anorexia, weakness, constipation, dizziness, and was chair-bound. Cn physical
examination, blood pressure was 86/51 mm/Hg. Abdomen was stated to be soft with
palpation and no organomegaly. Assessment/recommendations:
1) History of limited small-ceil lung cancer 18 months afier chemoradiation. He
appeared to have progressive disease in the right chest.
2) Brain metastases, 7 months post-crainectomy and WBI for left temporal metastatic
lesion.
3) Failure to thrive.

There is a discharge report by David R. Gandara, M.D., deted August 24, 2009. Problem fist
included left leg weakness. Discharge diagnoses included rheumatoid arthritis; malignant
neoplasm of unspecified site: disorder of liver, and shoriness of breath. Uncer the heading
“reason for admission/brief HPI", this report stated Mr, Barnes was a pleasant 67-year-old
man with a past medical history significant for limited SCLC diagnosed in August 2007 (status
post carboplatin/V16 x2 cycles, chest raciation with cispictin/VP16, Carboplatin/VP 16 x
cycles ended in 3/2008 and left temporal cranieciomy for a single brain met in 10/2008 with
WBI x 16 Fx ended in 1/2009} who presented for gradually worsening left leg weakness and
numbness over the last week. His had used his wife's walker to get around for the past three
days. He also reported left leg numbness. There was stated to be no pain in his legs. He had

£10-187 Barnes, Vincent L. Page 5 of 14

S88462+409E SYUWWHH ad * 1Sd epSi£0 TT 2t 390a deep lower back pain that correlated with the initial onset of his leg weakness. He did not
report incontinence of stool or urinary retention. He stated he had constipation far the past
week, and had difficulty urinating secondary to not being able to balance on one jeg. He
denied fevers, chills, sick contacts, nausea, vomiting, headache, douole vision, dysphagia,
change in shoriness of breath, or chest pain.

Under the heading “hospital course”, this report stated Mr. Barnes was admitted to the
hospital and an MRI of his lumbar, thoracic and cervical spine was obtained. He was treated
with decadron for concern of compressive spinal card lesion. Following his MRI, neurosurgery
and radiation oncology were consulted and it was decided Mr. Barnes’ disease burden was
foo extensive to benefit from local treatment. He was treated with irinotecan and
carbopiatin.

MRIL,T and C spine showed the following:
1) Extensive intradura! metastatic disease throughout the cervical thoracic and lumbar
spine, most pronounced at the Ti-Tz level and along the roots of the cauda equina.
2) Licompression fracture, chronic.
3) Right lung extrapleural mass.
4) Post-radiation changes of thoracic spine.

On physical examination, blood pressure was 99/65 mm/Hg. Heart showed a regular rate
and rhythm. Lungs were staled to be clear to auscultation bilaterally/anteriorly. Extremities
showed no cyanosis, clubbing, or edema. Mr. Bares was discharged home. The plan was
for Mr, Barnes to follow up with heme/oncology on July 24, 2009.

There is a progress note by Derrick H. Lau, M.D., dated August 26, 2009. Mr. Barnes was being
seen in follow-up after being discharged five days prior to this exam. Mr. Barnes had been
diagnosed with progressive metastatic disease involving the medullary space and cord with
an underlying diagnosis of small cell lung cancer with brain metastases after surgical
resection and whole-brain radiation. Mr. Barnes had left leg paresis, persistent constipation,
and urinary retention. Mr. Barnes was to return In one week with CBC for evaluation for his
second cycle of chemotherapy.

There is a discharge summary by Scoit Frye, M.D., dated September 3, 2009. Mr. Barnes had
chills, fevers, and profound diarrhea. He was treated in the clinic for hypotension and given
significant volume resuscitation. Mr. Barnes was treated with IV hydration and lomoiil for
diarrhea. At discharge, blood pressure was 100/60 mm/Hg, height 5°5", weight 158 pounds.
SpO2 was 99%, Lungs were clear to auscultation. Mr. Barnes was instructed to return to the
ER if he experienced shortness of breaih, inability to tolerate medicines by mouth, recurrent
diarrhea, or any ofher concerns.

A progress note by Dr. Derick H. Lau, M.D., dated September 9, 2009 stated Mr. Barnes was
seen in follow-up afer treatment of diarrhea and neutropenia, He was having occasional
diarrhea controlled on lomotil. His appetite was good. He was having problems with control
of his urine. His left leg remained weak. On physical examination, blood pressure was 77/48
mm/Hg. Mr. Barnes had received one cycle of carboplatin/irinotecan that resulted in severe
diarrhea and neutropenia and did not want to receive further chemotherapy. Hospice care
was discussed with Mr. Barnes and his wife.

L10-187 Barnes, Vincent L. Page 6 of 14

SBBLELb09E SUWWYEH ad * 1Sd egsi40 IT 2@T 390A note from Carmichael Care and Rehabilitation Center, Carmichael, CA, stated Mr. Barnes
was admitted for hospice care on November 17, 2009 and expired on December 2, 2009.

Dr. Horn’s report:

There is a 35-page report by Dr. Barry R. Horn, Berkeley, CA, dated June 16, 2009. Mr. Barnes
was evaivated by Dr. Horn in his office accompanied by his wife on May 12, 2009. In
addition, Dr. Horn reviewed medical records/reports and radiographs concerning Mr.
Barnes.

Under the heading "discussion", Dr. Horn stated Mr. Barnes presented in June 2007 with a
history of increasing shortness of breath. He had a history of hemoptysis for several months
and had increasing difficulty walking because of weakness. He had a nonproductive cough.
He was initially thought to have asthma and was given an inhaler, but he didn't use it. In
early July 2007, he was seen for re-evaluation. A chest radiograph was stated to
demonstrate volume loss in the right upper lobe with consolidation. The right hilar area was
obscured. There was narrowing of the entire right mainstem bronchus. There was probable
mediastinal adenopathy.

ACT scan of the chest was performed at Radiologic Associates of Sacramento which was
stated fo show a large necrotic mass occupying most of the right side of the mediastinum
starting ot the level of the thoracic inlet and extending inferiorly to the right hilum. The mass
encased the distal two-thirds of the right pulmonary artery. It narrowed the bronchus to the
right middle lobe and to the right lower lobe. It totally cornpressed and collapsed the
bronchus to the right upper lobe with right uoper lobe collapse. The mass also enveloped
the distal superior vena cava. He also had a right pleural effusion.

Mr, Barnes was referred to Dr. Royce Calhoun, a cardiothoracic surgeon at UC Davis. Dr.
Calhoun concluded Mr. Bares had probable lung cancer and ordered a PET/CT scan along
with an Ultrasound-guided thoracentesis.

A PET/CT scan was done on August 11, 2007. lt demonstrated a large hypermetabolic mass
extending from the right paratracheal region to the right hilum. The maximum SUV was 13.7.
The mass enveloped part of the superior vena cava and the right pulmonary artery. There
was right upper lobe collapse. The mass caused deviation of the trachea and the
esophagus to the leff. There was a moderate fo large tight pleural effusion.

On August 17, 2007, a thoracentesis was perfarmed. No malignant cells were identified.

Mr. Barnes was then seen by Dr. Ken Yoneda, a pulmonologist at UC Davis who
recommended bronchoscopy. Dr. Yodena thought Mr. Barnes most likely had small cell
carcinoma with a superior vena cava syndrome. Bronchoscopy was performed with a
biopsy of the carina of the right upper lobe. He had an endoscopic ultrasound biopsy of one
of the lymph nodes in the mediastinum. He was diagnosed as having small cell carcinoma.

In late August 2007, Mr, Barnes was hospitalized. He went into atrial fibrillation and was given
Digoxin and Lovenox. He was started on cisplatin and VP-16 in the hospital, and then
continued on this regimen on an outpatient basis.

Mr, Barnes was subsequently seen by the radiation oncology service who recommended
concurrent raciation and chemotherapy. Mr. Barnes received radiation therapy from

L10-187 Barnes, Vincent L. Page 7 of 14

S8EL6LF09E SYBWWHH ad * 1SG eSSi40 TT 2Tt 390October 22, 2007 until December 5, 2007, During that time, he received concurrent
chemotherapy.

A follow-up CT scan of the chest was cone in January 2008, which continued to demonstrate
the presence of « mass in the right ches? and a persistent pleural effusion. Areas of necrosis
were no longer seen, Mr. Barnes was seen by the oncology service and it was
recommended he receive two more courses of chemotherapy with carboplatin and VP-1é,
which he did receive,

in April 2008, Mr. Barnes developed a fapid heart rate and increasing shortness of breath. This
ultimately led to a hospitalization at Mercy General Hospital on May 4, 2008, He was
diagnosed as having a pericardial effusion with tamponade. in the emergency room, he
undenent a pericardiocentesis: one fiter of fluid was removed. The next day, a pericardial
window was performed.

Over the summer of 2008, Mr. Barnes remained stable. In October 2008 he developed
memory impairment. He could not remember recent events, He was re-evaluated and
found to have a brain metastasis. He was hospitalized at UC Davis and a portion of the brain
metastasis was removed by Neurosurgery. Following this, Mr. Barnes had four weeks of whole
brain radiation.

Since then, Mr. Barnes had been ciinically stable, but Dr. Horn stated he did not have a
curable iliness and would uliimately die of complications of the smail cell carcinoma of the
lung.

Dr. Horn outlined Mr. Barnes’ work history and stated all of Mr. Barnes’ asbestos exposure
should be considered a coniribputing factor in the development of his lung cancer.

Dr. Horn stated in summary, Mr. Barnes had small cell carcinoma of the lung caused by the
combined effects of asbestos exposure and cigarette smoking,

Diagnoses by Dr. Horn:
. Smail-cell carcinoma of the lung, metastatic fo the brain and pericardium

Superior vena cava syndrome secondary to #1

Anemia secondary fo chemotherapy

Pericardial tamponade secondary io #1

Deep venous thrombosis

Esophagitis secondary to radiation

History of hepatitis

History of kidney stones

Arial fibrillation

Anemia secondary to chemotherapy

SON & Oe wr

=o
5°

Dr. Lures’ reports:

There are two reports by Dr. R.M. Luros, M.D., Qualified Medical Examiner, Rancho Santa Fe,
CA.

The first feport is dated April 28, 200°. Dr. Luros saw Mr. Barnes in his office on April 28, 2009.
'n addition, Dr. Luros reviewed medical records concerning Mr. Barnes. Under the heading

L10-187 Barnes, Vincent L, Page § af 14

S88262+F0S9E SBWWHH ad * Sd e9S:40 IT 2t 290oT-

“discussion”, Dr. Luros stated Mr. Vincent Barnes was a 6é year-old mein who worked as a
welder and machinist from 1958 through July 2007.

He noted he could not keep up with his coworkers and the demands of the job because of
progressive shortness of breath, dyspnea on exertion, and significant weight loss as a result of
what was determined fo be lung cancer, apparently with recurrence. Mr. Barnes the
diagnosis was made in August, 2007, based on a CT scan.

He was treated with chemotherapy and radiation therapy, with drainage of the pericardium
being required on 10/31/07, with ihe pericardial window being fashioned. Cerebral
metastases were discovered in May 2008, treated with twenty days of radiation therapy. Dr.
Luros stated lung cancer apparently involved the right lung.

Mr. Barnes stated he smoked one and a half and occasionally two packs per day from age
fifteen through July 2007, for an 85-90 pack-year history.

He developed Hepatitis B while in Vietnam and was exposed to Agent Orange, receiving
treatment through the V.A. He noted Agent Orange was sprayed from planes overhead in
Vietnam, where he was working in road construction. He indicated he was 100% disabled as
a result of Agent Orange.

Mr. Barnes was in the service for twenty years until January 1, 1982, He was stationed both in
the United States and abroad, including Guam, Japan, Okinawa and in Europe,

He retumed fo the United States in late 1962, a trip onboard ship that took nineteen days.
He recalled asbestos-lined pipes immediately adjacent to his bunk, both overhead and
alongside his bunk.

nh Japan, he tore apart barracks from 1972 through June 1975, as well as November 1967
rough September 1968, and December 1968 through October 1969, He learned welding in
high schooj and had further training in weiding and work as a machinist mate in the Navy.
He welded in 1959 at a trade school and did machine work and welding. He worked on
personal vehicles, as weil as working on vehicles while in the service and elsewhere, and
stated he started doing brake and clutch jobs before attending high school.

He did remodel work on his home, most recently in 2002. He did remodel an old home in Port
Hueneme he purchased in 1975, insulating it, but was unaware of what the prior insulation
consisted of. He put on a new roof on that structure and said that he removed vinyl-linoleum
cor tiles and replaced the tile with carpeting.

After being discharged from the service, Mr. Barnes drove a truck from 1982 to 1990, This was
an 18-wheel “semi” tractor-trailer rig. This rig used diesel fuel, and that fuel would spill on his
hands and clothes and he filled the tank.

From 1990 through June, 2007, Mr. Barnes worked as a welder/machinist for C&S Machine
and Repair. He was unaware of whether or not he was exposed to asbestos with that firm,
and is unaware of exposure to asbestos while driving a truck from 1982 to 1990. He was,
however, exposed to diesel exhaust.

As to asbestos itself, Mr. Barnes believes that his last exoosure was when he was in Japan in
1975. As to his illness, he noted the sudden onset of illness in June 2007, with the diagnosis of

L10-187 Barnes, Vincent L. Page 9 of 14

988L62r09E SYBKWHH Ad * 1Sd e4G:40 IT 2t 390Tt*

jung cancer being made in August 2007. The only family history of cancer was in a brother
who had osteogenic sarcoma at age nineteen.

Mr, Barnes was unaware of being diagnosed with asbestosis and/or pleural disease,
Metastases to the brain were diagnosed in May 2008. He stated he was deing "goofy" things
and was dyspneic,

On physical examination, Mr. Barnes had wheezing at the right lung base. Pulmonary
function studies revealed severe restriction, although his pulse oximetry was normal.

Diagnostic impression by Dr. Luros:

Lung cancer with cerebral metastases.

History of radiation therapy and chemoitherapy.
History of pericardial window surgery.

History of smoking (quit July, 2007}

History of increased alcohol intake (quit July, 2007}
History of Agent Orange exposure by history.
History of bilateral hand surgery.

NAO PWD ~

An amended report by Dr, Luros dated November 20, 2009 stated Dr. Powers, Certified ILO B-
reader, made note of the presence of bilateral pleural plaques on a CT scan of the chest.
However, in his list of diagnostic impressions, Dr. Luros stated he neglected to include the
diagnosis of “asbestos-related pleural disease" documented on the CT scan. He amended
his original report to include the additional diagnosis.

Death certificate:

A death certificate from the State of California stated Mr. Vincent Leroy Barnes was 67 years
old at the time of his death on December 2, 2009. The cause of death was listed as
malignant neoplasm, lung; metastatic. The death certificate stated Mr. Barnes had a
craniotomy in October 2008 for brain metastases.

Review of slides:

Received are seventeen glass slides and ten paraffin blocks for review designated WRS10-1.
These are accompanied by a tissue grossing report by Dr. William R. Selyer. Dr. Salyer
received a container of tissue belonging to Mr. Vincent Barnes from Pathology Support
Services (PSS L09-187}.

The report by Dr. Salyer stated the specimen consisted of the bilateral lungs In continuity with
the soft tissues of the chest which included the trachea, larynx, esophagus, descending
aorta, thyroid, pericardial sac and heart. Loose in the container were additional vascular
segments which were firmly adherent to large pieces of pale tan plaque, some fibrous and
glistening yellow finely lobulated adipose tissue, piece of pancreas, liver, rib fragments firmly
adherent fo additional pieces of plaque and diaphragm, prostate and base of bladder.
Sections through the pancreas showed small discrete areas of saponification, vascular
network with intimal atheromatous thickening and no discrete nodules. There was stated to
be a generous amount of fatty infiltration of the pancreas. The liver fragment had a smooth
and glistening capsule; the parenchyma was homogenous, yellow-brown without discrete
nodularity. Sections through the prostate showed a normel appearing gland with diffuse
brown stones. No obvious tumor was present. On the bladder surface there was some brown
tissue attached possibly representing blood clot. Some of the plaque had small pleces of

L10-187 Barnes, Vincent L. Page 10 of 14

S8ELEL+b09E YBKWHEH Yd * 1SG e®e46:40 TT eT 390ete

lung attached. No obvious calcifications were apparent. The pericardial sac was intact
and firmly adherent to the surface of the heart. In the anterior right aspect of the
pericardium was a 4 cm firm nodule that when sectioned appeared to represent tumor. The
nodule was growing on the pericardium but did not appear to extend through the
pericardium to the surface of the heart. There was a generous amount of fat pad
surrounding the heart. The chambers demonstrated their usual shape and configuration. No
gross hypertrophy was apparent. Serial cross sections showed slight dilation of the right
ventricle up to 5 cm. The left ventricular wail was red-brown and uniform: no recent or
previous myocardial insults were identified. The coronary arteries were normally disposed
with a small amount of atheromatous change and no calcification. The lumen were patent.
The left lung weighed 714 gm, The pleural surface was smooth and glistening with
anihracosis, minimal fibrous banding and no obvious emphysematous changes. The lower
lobe was congested. Cut sections show spongy soft surfaces In the upper lobe, a small
amount of thickening and mottling of the lower lobe presumed to be secondary to passive
congestion. No discrete nodules were seen. The right lung was largely absent. There were
remnants of dense fibrous plaque present. The upper lobe had dense scarring and virtually
no normal appearing parenchyma present. What was remaining of the middle and lower
lobes was fir, presumed to be secondary to passive congestion with gray-tan motiling.
Sections through the thyroid showed a homogenous yellow-brown smooth surface without
discrete nodules.

Casseite summary: Al - liver, thyroid, pancreas, and large pancreatic vessel; A2 - prostate
and bladder; A3 - tumor on surface of pericardium just adjacent fo the right lung: Ad - dense
plaque loose in container: A5-Aé - left lung; A7-A10 right lung. Iron stains were done on A4-
Ald,

Slide WRS10-1 Al was stated to contain liver, thyroid, and pancreatic tissue. The liver shows
no significant change. The pancreas appears normal. The thyroid shows normal tissue with
some variation in size and shape of the follicles. There are a few areas of inflammation. No
neoplasm is observed,

Slide A2 was stated to contain prostate and bladder. The prostate shows glandular and
nodular hyperpiasia. The bladder shows some inflammation with hemorrhage.

Slide A3 was stated to coniain tumor on the surface of the pericardium. This slide shows small
cell lung cancer that was metastatic fo pericardium.

Slide A4 was stated to contain dense plaque that was loose in the container. This slide shows
dense hypocellular florous tissue with a basket weave-type paitern,

Slides AS and Aé were stated to represent sections from the left lung. These slides show
congestion, hemorrhage, acute bronchitis and bronchopneumonia, and mild centrilobular
emphysema. There are areas of peribronchioiar fibrosis.

Slides A7 through A10 were stated to represent sections from the right lung. These slides show
congestion and a fair amount of carbonaceous dust. There is some interstitial fibrosis, There
is hyaline pleural plaque involving the visceral pleura with subpleural interstitial fibrosis. There
are areas of acute bronchitis and bronchopneumonia.

lron stained sections designated A4, AS, Aé, A7. AB, A9, and A10 show four asbestos bodies.

L10-187 Barnes, Vincent L. Page 11 of 14

S88462+409E SYUWWHH ad * 1Sd eeSi40 TT et 390Dr. Salyer's diagnoses:
Based on slides prepared from fixed tissue:

°

eooao ec oOo

Small cell carcinoma of lung with involvement of mediastinal soft tissue
Localized pulmonary scar consistent with treatment

Focal peribronchiolar fibrosis

4 asbestos bodies in 15.9 cm? of lung tissue, or ~0.2 asbestos bodies/em2
Asbestosis, CAP-NIOSH Grade | (2 asbestos bodies in slide A8)
Moderate emphysema

Pleural plaques

Pleural fibrosis

The following summary statements can be made in this case:

1.

My name is Samuel P. Hammar. M.D., and} am icensed to practice medicine in the
State of Washington. My license is active. | have been Board certified in clinical and
anatomic pathology since 1975.
Mr. Vincent Leroy Barnes was 67 years old ai the time of his death on December 2,
2009. | previously reviewed pathology materials and medical records concerning Mr.
Barnes (109-028) and concluded he had a small cell lung cancer caused by the
combined effect of asbestos and cigareite smoke carcinogens.

Response to interrogatory No. 23 stated Mr. Barnes srnoked 0-3 packs of Pall Mall and
Marlboro brand cigarettes from 1958 to 2007 (49 to 147 pack year smoking history).
Response to interrogatory #26 stated Mr. Barnes was exposed to asbestos while
working as a welder (student), service station at endant, steelworker/welder/Seabee
as described in my report.

Mr. Barnes was stated to have been exposed to asbestos while performing brake,
clutch and gasket work on his personal vehicles. In 1976 Mr. Barnes applied and
sanded joint compound while performing a home remodeling project and was stated
to have been exposed to asbestos,

A Breader report by Dr. Daniel Powers dated February 26, 2009 stated a CT scan of
the chest showed bilateral pleural plaque formation; right diffuse pleural thickening
compatible with prior asbestos exposure; no evidence of asbestosis: no evidence of
emphysema; volume {oss involving the right lung; a loculated tight pleural effusion:
infiltrates involving both hilar regions, greater on the right: surgical clips anterior to the
heart, slightly to the right of midline; limited coronary artery calcifications; and extra-
pleural chest wall fatty deposition.

An admission history and physical examination report by Dr. Gordon A. Wong dated
August 4, 2009 stated Mr. Barnes had hypotension, questionable secondary to
dehydration/mainourishment: recent 10-pound weight loss; history of small cell lung
cancer; status-post fiberoptic bronchoscopy on May 6, 2008: history of paroxysmal
atrial flloriliation; CT scan in July 2008 showing a new left lower lobe 5mm pulmonary
nodule; recurrence of metastatic small cel! carcinoma with large 4.3 cm brain tumor,
status-post left craniotomy with excision and Palliative radiation therapy.

Areport from UC Davis Health Systems dated August 12, 2009 siated Mr. Barnes had
anorexia, weakness, constipation, dizziness, and was chair-bound, He had a history of
small cell tung cancer and was status-post chemoradiation therapy. Mr. Barnes
appeared to have progressive disease with brain metastases and was 7-months
status-post craniectomy.

LIG-187 Barnes, Vincent L, Page 12 of Ia

ered

S8ELEL+b09E YBKWHEH Yd * 1SG e6S:40 TT eT 3909. Mr. Barnes was discharged on August 24, 2009 and discharge diagnoses included
rheumatoid arthritis, malignant neoplasm of unspecified site, disorder of liver, and
shortness of breath.

10. MRI showed extensive intradural metastatic disease throughout the cervical thoracic
and lumbar spine: an Li compression fracture; right lung exirapleural mass; and post-
radiation changes of the thoracic spine.

11. A discharge summary by Dr. Scott Frye dated September 3, 2009 stated Mr. Barnes
had chills, fever, and profound diarrhea. He was treated for hypotension and given
significant volume resuscitation. He was treated with IV hydration and lomotit for
diarrhea.

12. A progress note by Dr. Derick H. Lau dated September 9, 2009 stated Mr. Barnes
received one cycle of carboplatin/irinotecan that resulted in severe diarrhea and
neutropenia and did not want to receive further chemotherapy.

13. Mr. Barnes was admitted to Hospice Care on November 17, 2009 and expired on
December 2, 2009.

14, A report by Dr. Horn dated June 16, 2009 stated he diagnosed Mr. Barnes to have a
smaii cell lung cancer with metastases to brain and pericardium: superior vena cava
syndrome secondary to metastatic small cell lung cancer; anemia secondary to
chemotherapy: pericardial tamponade secondary to metastatic small cell lung
cancer; deep venous thrombosis; esophagitis secondary fo radiation therapy; history
of hepatitis; history of kiciney stones; and atrial fibrillation.

415. Areport by Dr. R. M. Luros dated April 28, 2009 listed the diagnostic impressions as lung
cancer with cerebral metastases: histary of radiation therapy and chemotherapy:
history of pericardial window surgery; history of cigaretie smoking, quit July 2007;
history of increased alcohol intake, quit July 2007; history of Agent Orange exposure;
and history of bilateral hand surgery.

46. An amended report by Dr. Luros dated November 20, 2009 stated he amended his
report to include in the diagnostic impressions “asbestos-related pleural disease”
based on the presence of bilateral pleural plaques reported by Dr. Powers.

17. A death certificate from the State of California stated Vincent Leroy Bames died on
December 2, 2009 at age 67 from malignant neoplasm, lung, metastatic. The death
certificate stated Mr. Barnes underwent a craniotomy in October 2008 for brain
metastases.

18. | reviewed slides designated WRS10-1 that represerited autopsy slides prepared by Dr.
Salyer on tissue from Pathology Support Services designated PSS LO9-187.

19. Slide Al contained liver, thyroid and pancreas that showed no significant changes.

20. Slide A2 contained prostate and bladder. The prostate showed glandular, nodular

hyperplasia and the bladder showed acute inflammation and sloughing of the

bladder epithelium.

21. Slide A3 was stated to be a section of pericardium that showed a metastatic small

ceil lung cancer.

22. Slide A4 was stated to represent plaque and it contained pieces of dense

hypocellular fibrous tissue characteristic of plaque caused by asbestos.

23. Slides A5 and Aé showed areas of mild interstitial fibrosis in a peribronchial distribution,

congestion, acute bronchitis and bronchopneumonia.

24. Slides A7 through A10 were stated to represent sections from the right lung and
showed areas of visceral pleural fibrosis and subpleural interstitial fibrosis with
honeycombing with congestion and fecal areas of acute bronchitis and
bronchopneumonia.

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S8ELEL+b09E YBKWHEH Yd * 1SG e6S:40 TT eT 390ST°

25. iron stained sections made in Dr. Salyer's laboratory on blocks A4 through A10 showed
four asbestos bodies.

26. Dr. Salyer’s diagnoses were: small cell lung cancer with involvement of mediastinal
soft tissue; localized pulmonary scar consistent with treatment; focal peribronchiolar
fibrosis; 4 asbestos bodies in 15.9 cm? of lung tissue; CAP-NIOSH grade 1 asbestosis (2
asbestos bodies in slide A8); moderate emphysema; pleural plaques: and pleural
fibrosis.

27, Based on the information availabie, | conclude Mr. Barnes died from a metastatic
small cell lung cancer.

28. Based on Mr. Barnes’ his