Motion-Secondary: CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS

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                                MICHAEL J. ESTRADA (SBN 121439)
MIRIAM P. MAXWELL (SBN 099924)
NILU K. MAJID (SBN 246017)
VASQUEZ ESTRADA & CONWAY LLP
Courthouse Square

1000 Fourth Street, Suite 700

San Rafael, CA 94901

Telephone: (415) 453-0555

Facsimile: (415) 453-0549

E-Mails: mestrada@vandelaw.com
mmaxwell@vandelaw.com
nmajd@vandelaw.com

Attorneys for Defendant
MONTEREY MECHANICAL COMPANY

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

APR 20 2012

Clerk of the Court
BY: VANESSA WU
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

CHARLES HUSBAND,
Plaintiff,
VS.

ASBESTOS DEFENDANTS (BéP).

ANTHONY PONTINO,
Plaintiff,
vs.

ASBESTOS DEFENDANTS (BéP).

TYRONE SNOW,
Plaintiff,

vs.

ASBESTOS DEFENDANTS (BéP).

ee i ee eee ee

1

ASBESTOS
Case No.: CGC-09-275098

Case No, CGC-09-275165

Case No. CGC-09-275188

DECLARATION OF NILU K. MAJD IN SUPPORT OF DEFENDANT MONTEREY MECHANICAL
COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE FOR TRIAL LIVING
ASBESTOSIS/BRAYTON CASES WITH SIGNIFICANT REFINERY AND INDUSTRIAL EXPOSURESD UW B BW Ww

CONNIE SOWELS, Case No. CGC-09-275312
Plaintiff,
vs.

ASBESTOS DEFENDANTS (BéP).

TERRY DeCARLO, Case No, CGC-09-275333
Plaintiff,
vs.

ASBESTOS DEFENDANTS (B¢P).

JAMES GREELY, Case No, CGC-10-275502

DECLARATION OF NILU K. MAJD IN
SUPPORT OF DEFENDANT MONTEREY
MECHANICAL COMPANY’S
OPPOSITION TO PLAINTIFFS’
MOTION TO CONSOLIDATE FOR
TRIAL LIVING ASBESTOSIS/BRAYTON
CASES WITH SIGNIFICANT REFINERY
AND INDUSTRIAL EXPOSURES

Plaintiff,
vs.

ASBESTOS DEFENDANTS (BéP).

Date: April 27, 2012

Time: 9:00 a.m.

Dept.: 608

Judge: Hon. Curtis E.A. Karnow

Ne ee ee ee ee eA ee Ne ae ee Se Ne et ee Ne

I, NILU K, MAJID, declare:

1. Lam an attorney at law, duly licensed to practice before all courts of the State of
California, and am an associate in the law firm of Vasquez Estrada & Conway LLP, attorneys of
record for Monterey Mechanical Company. If called to testify as to the matters stated herein, I could
do so competently.

2. Attached as Exhibit “A” is a true and correct copy of the report of defense medical
expert Dr. Norman Moscow for plaintiff, Anthony Pontino.

3. Attached as Exhibit “B” is a true and correct copy of the independent medical

evaluation by Dr. Charles McDonald for plaintiff, Anthony Pontino.
2
DECLARATION OF NILU K. MAJD IN SUPPORT OF DEFENDANT MONTEREY MECHANICAL
COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE FOR TRIAL LIVING
ASBESTOSIS/BRAYTON CASES WITH SIGNIFICANT REFINERY AND INDUSTRIAL EXPOSUREI DA

4,

Attacl

ed as Exhibit “C” is a true and correct copy of the independent medical

evaluation prepared by Dr. Christopher Dunn for plaintiff, Charles Husband.

5.

Christopher Dunn fo:

6.

Attac!

Attacl

ed as Exhibit “D” is a true and correct copy of medical notes prepared by Dr.
r plaintiff, Tyrone Snow.

ed as Exhibit “E” are true and correct copies of medical evaluations prepared by

Drs. Norman Moscow and Gerald Meyers for plaintiff, Connie Sowels.

7.

Attacl

ed as Exhibit “F” is a true and correct copy of the independent medical

evaluation prepared by Dr. Charles McDonald for plaintiff, James Greely.

8.

Attac

hed as Exhibit “G” is a true and correct copy of the independent medical

evaluation prepared by Dr. Michael Cohen for plaintiff, Terry DeCarlo.

1 declare under penalty under the laws of the State of California that the foregoing is true and

correct, and that this declaration was executed in San Rafael, California, on April 20, 2012.

Sy

NILU K.

3

DECLARATION OF NILU K. MAJD IN SUPPORT OF DEFENDANT MONTEREY MECHANICAL
COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE FOR TRIAL LIVING
ASBESTOSIS/BRAYTON CASES WITH SIGNIFICANT REFINERY AND INDUSTRIAL EXPOSUREEXHIBIT A: 55 BERRY AND BERRY
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CPVARFAXOL Sons2010 10 8S a Back 2dod SEP EB WPS, 002/007

California Pacifico Medical Center-San Francisco, California
Pacific Campus (415) 600-3232 California Campus (415) 750-6025
Davies Campus (415) 565-6180

RADIOLOGY CONSULTATION REPORT

Name: PONTINO, ANTHONY DOB: 09/15/1948 MR#: 06620953
Indication: ASBESTOS EXPOSURE Term Loc: POMOB
Report Status: Final Exam Date: 03/22/2010

Lecation: OUTPAP Exam Code: D65016 Order#i: CPR1025070

ACCT#: 08673907 Exam: Chest 4 Views

Four views of the CHEST: 03/22/2010.
CLINICAL INDICATION: 61-year-old male with asbestos exposure.
COMPARISON: None.

FINDINGS: PA, lateral, and oblique views of the chest
demonstrate well inflated clear lungs. Specifically, no
reticularity or confluent parenchymal abnormality is identified.
The cardiomediastinum is unremarkable. The costophrenic angles
are sharp. No calcified pleural plaques are seen. Degenerative
changes are present within the spine. Focal ossification is
present along the distal right clavicle.

IMPRESSION:

1. No evidence of asbestos related disease or asbestosis
Dictated By: MEUX, MD, MAYA
Dictate Date/Time: 03/22/2010 10:47:41

Electronically Signed: 6620 MAYA MEUX, MD
Signed Date/Time: 03/22/2010 10:48:38

T: 03/22/2010 TC
Physician({s}: McDonald, Charles C. Ord. MD:McDonald, Charles C.,
No PCP04/13/2010 16:41 FAX 98355117 BERRY AND BERRY » VASQUEZ ESTRADA 003/007
MAR. 25.2818 8:48AM PULMONARY LAB NO. 952 P.ivs

S

Californla Pacific Medical Center + Pulmonary Physiology Lab
2351 Clay St. 8-502 . .
San Francisco, CA 94115 q | s| 1s
96620953 Tock: BE Age: 61 Date: 3/22/2010
Height: 70,00 in Room: 0256

The FVC, FEV], and FBVI/FVC ratio are within normal limits, The inspiratory flow rates are within normal limits.
‘The atrway resistance is normal. ‘The ling vohunes are normal. Following administration of bronchodilators, there ia no
significant response. Tho diffusing capacity is normal, However, the diffusing capacity was not corrected for the
patients hemoglobin.

Conclusions: The results are within normal limits.

Pulmonary Function Diagnosis:
‘Normal Pulmonary Funstion.

( We MD.04/13/2010 16:41 FAX 98355117 BERRY AND BERRY > VASQUEZ ESTRADA 004/007
MAR.25.2016 8:48AM PULMONARY LAB oe BeesD

California Pacific Medical Center « Pulmonary Physiology Lab
2351 Clay St. $-S02
San Francisco, CA 94115
PONTING, ANTHONY 1D: 06620953 Tech: BE Age: 61
Helght 70.00 in

Date: 3/22/2019

Diagnosis: Industrial Evaluation

Dysones:

Cough: Wheeze:
Medications:

No beta blocker or breathing medications.
Pre Test Comments

Post-Test Comments;
‘Testing meets ATS criteria with exception of DLCO due to only one effort mecting all eriterla; other efforts had [VC's
slightly {ess than 85% of best VC. Excellent effort and cooperation with vary good ability, 3P Albuterol for BD with
HR 80/80.

ADULT PREDICTED AUTHORS: NHANES II, CRAPO, & MILLER (NS)

PEDIATRIC PREDICTED AUTHOR: POLGAR

PRE-BRONCH POST-BRONCH

Bred. Actual “Pred, LLN Actual “Pred. “Chng,
SRIRGMET RY ttnenee
FV () 47600 4B 90 3,80 4,47 94 4
FEV1 (L) 358 (3.28 2 2.79 3.68 103 2
FEVI/EVC (%) 5 7 102 6s 82 no 1
FEP Max (Liecc} . 915 9.83 107 632 10.90 ug i
FEF 25-75% (L/sec) 292 2.66 ot 132 ¥4.62 #158 4
‘Expiratory Time (seo) 1.34 B52 16
LUNG VOLUMPS
svc (L) 44 423 89 3,80 43i 91 2
Ica) 335-264 p 2.66 * 1
ERV (L) 1390 LSS nz 165 ng 6
TAV (L) 36500 3.77 103 246
RY (Ploth} (L) 2960019 97 1,65
TLC Pleth) (L) 200 (6.42 92 $78
RVTLE Pleth) (94) 2 4 107
DEREUSION en
DLCOune (ml/min/oang) 28.20 © 27.86 9 18,23
DLVA (nltmivemg/L) 413 4.90 uo
VAQ) "682 5.68 83 $45
AIRWAYS RESISTANCE
Raw (cmH20/L/a) 186 1.09 59
Gaw (LislomH20) 1030.92 89 :
sRaw (emH20"s) 476 468 97
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MAR.25.2819 8:48AM PULMONARY LAB NO. 952 P.o

* : California Pacific Medical Center - Pulmonary Physiology Lab
2351 Clay St. $-502
Gan Francisco, CA 94115

08620953 Tech; BE Ago: Gl Date: 3/22/2010
Height: 70,00 in Room: 0256

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, @007/007EXHIBIT CSep 2 QOL. 1:49PM Berry & Ber rye sauesen soe ween veel, Q53Q -P,

“CHRISTOPHER J. OUNN, M.D. FCCP,
Puttoonary Medkine,
‘2600 WHIPELE AVENUE, SUITE 116
REOWOOD S/T, CALIFORNIA S082

‘Takephons (660) 7vA-NSET
Fen (050) 865.7639

HUSS. harles FEBRUARY 1, 2010

INDEPENDENT MEDICAL EXAMINATION

I performed an Independent Medical Examinetion in my office on Charles
Husband on February 1, 2010, This sixty-one -year-old male says he is
partially retired but still actually operating an antique store in Clear Lake up in
Clear Lake County, California. He says he is gradually going to get out of the
business of working in his antique store and is actually selling off a lot of his
stuff apparently via the internet, He says he retired from his work asa
operating engineer of heavy equipment about three years ago. His wife passed
away three years ago apparently from cystic fibrosis and also had some cardiac
valve problems. Currently, the patient does some fishing and is on his feet a lot
working in the antique shop.

He says he could walk for miles on the level with no shortness of breath. He
denies any problems with a cough but sometimes gets an upper respiratory tract
infection. He denies any history of pneumonia, tuberculosis or asthma. He
says he apparently does get some hayfever-like problems as he feels he is
exposed to mold but has-never been tested. He denies any hemoptysis or
pleuritic-type chest pain,

There is a history of smoking cigarettes and apparently he started smoking,
when he was in the US Army. He says he stopped smoking a year age and
smoked continuously since the US Army with the exception of from age forty-
two to forty-nine when he apparently did not smoke, He says he smoked just
cigarettes and not a pipe or cigar, He has a history of a pneumothorax an the
left side after an aute accident which will be noted below,

3; He currently is taking thyroid supplement and citropan as
an antidepressant which hs has been taking since his wife passed away about
three years ago, .

ALLERGIES: He says codeine causes his stomach to be upset,s oneeed fl

22 F:49PM. Berry & Berry,

February 1, 2013
Page 2

HUSBAND, Charles

PAST MEDICAL HISTORY: He hada tonsillectomy as a child, In the 1980's
he was in an auto accident and says ke was drunk and driving one hundred
eighty miles an hour. He says he had twelve hours of operations and says he
"died three times", He had left-sided pneumothorax at that time and extensive
abdominal surgery. Apparently he was operated on originally in Martinez and
then eventually transferred te the Kaiser Hospital in Walnut Creek.

He also had surgery done shout 1995 apparently related te a torn groin muscle
as he was lifting a fifty-five gallon oil drum. He had some plastic mesh placed
over the groin ares, He also suffered an amputation to the distal part of his
right Index finger as a result of working on an automobile fan belt when the car
was accidentally started while he was working on it. This apparently occurred
in 1997,

FAMILY HISTORY: His father died in his fifties apparently from an
aneurysm or MI but apparently he was a World War Ii veteran and suffered
from recurrent issues from malaria, The patient's mother is alive with no
health problems, The patient has two brothers and two sisters who have no
health problems and a daughter who also has no health problems.

SOCIAL HISTORY: The patient says he has lived in California all his life.
He served in the US Army during the Viet Nam war and says he now gets
disability for post atreas syndrome. He says he worked in an ammanition dump
in Viet Nam for one year end ten days. He says he now gets fifty percent
disability for his post traumatic stress disorder related to Viet Nam.

REVIEW OF SYSTEMS: He dentes any weight loss, night sweats, chills or
fever. Cardiovascular: He denies any history of myocardial infarction,
hypertension, systems of congestive failure or cholesterol problems, GI: He
occasionally gets heartburn when he drinks too much but otherwise denies any
constipation, diarrhea or abdominal pains, He had colonoscopy about eight or
nine months ago and says they found two polyps. GU: He denies any dysuria,
frequency, kidney stones or kidney infection. Neurologic: He denies any
history of stroke, seizure or TIA-like problems, Be says he drinks alcohol,
sometimes a fifth every two to three days and then some beers but will go for
sometimes days or weeks without drinking. He says he is not an alcoholic but
says he hag been told that he might be apparently by other people's
observations.

L Bi ; He entered the US Army after finishing school
in about 1967, He worked in maintenance repair on vehicles and worked on
heavy equipment. He worked in maintenance repair on vehicles and worked on

cnr oe Ho, 0530.7. 8wrod. A 20Tf. 1:49PM... Berry & Berry.

February 1, 2010 .
Page 3

HUSBAND, Charles

heavy equipment. He remembers fixing brakes on cranes and fnspecting brakes
and using compressed air to blow out the brakes. He finished his service in
1970. and then went to work as 4 carpenter in the Martinez area. He worked for
five or six years aud worked on oil refineries and did some sheet work. He
remembers handling asbestos-coated pipe and working around gaskets that may
have contained asbestos. He did hougehold-type work and also did some
scaffolding work. He then went to work as an operating engineer and operated
equipment like cranes, fork lifts aud bulldozers. He remembers doing the
repair work ou them, again, including working on the brakes and specifically
blowing them out. He worked glso in some demolition work and remembers
cleaning out demolished buildings that contained sheet rock and other materials
that he believes may have contained ashestos. He eventually retired from all
of this in about 2006 because of his wife's illness.

HYSICA! YNATION: Physical examination reveals a pleasant middle-
aged male who is in no acute distress at the time I saw him. Bleod pressure
with the patient seated, in the right arm was 110/65, pulse was seventy and
regular, room air oxygen saturation, while the pationt was at rest, was 98%.
Eyes had no sclerai icterus. Bars had a good light reflex bilaterally with no
certuumen, Mouth: He had upper dentures, complete and lower partial. He
had no pharyngeal erythema, Neck had no lymphadenopathy and his carotids
had a good upstroke bilaterally with no audible bruit, His thyroid was not
palpable. Chest had a normal AP diameter, He had no unusual duliness to
peroussion posteriorly and had clear lang sounds on inspiration and expiration,
both posteriorly and anteriorly, Cardiovascular had an St and 82 aadible with
ne murmur, rab or gallop. Abdomen: He had a large-vertical well-healed
sear. He says this was the scar from his abdominal surgery after his auto
accident in the 1980's. He kad bowel sounds that were normal with no audible
bruits and he had no guarding or rigidity. His liver was palpable two finger
breadths below the right costal margin on deep inspiration. Extremities: He
‘was missing the distal part of his right index finger but otherwise had no
clubbing or cyanosis of his digits. He had no calf or thigh tenderness and he
had palpable posterior tibial pulses over both anktes.

PULMONARY FUNCTION TESTING: Pulmonary function testing was done
at Sequoia Hospital on February 1, 2010. The forced vital capacity is normal
but the FEV, and FYC ratio are reduced. There is a 20% buprovement in the
forced vital capacity after inhaled bronchodilator. There is a 19%
improvement in the FEV, after inhaled bronchodilator. The midflow rates are
severely reduced. The total lung capacity is normal but the residual volume is
increased. The diffusing capacity is slightly reduced. The full volume loop
appears obstructive. These findings are most compatible with obstructiveSep 7 201. $49PML. Berry & Berry. cee

February 1, 2010 .
Page 4

HUSBAND, Charles

airways diseane and there is significant improvement in the FVC and REV;
after inhaled bronchodilator. The total lang capacity is normal and the
diffusing capacity is slightly reduced.

MEDICAL RECORD REVIEW: J-was provided medical records from the
Berry and Berry Law Firm for review. .

On 03/30/04 an office note indicated the patient has hypothyroidism,

hypertriglyceridemia, and he is on levapre for issues related to his wife. He
was also told to stop smoking.

On 10/02/06 a history and physical indicated the patient had hypothyroidism
along with depression and anxiety. He had post traumatic stress disorder from
Viet Nam and had been in a serious motor vehicle accident in 1979 resulting in
an exploratory laparotomy. He smoked from 1968 to 1980, then stopped from
1980 to 1987 until he resumed again at one pack per day. He worked as an
equipment operator until two years previously and he was using marijuana
daily. At that time he owned an antique shop in Clear Lake.

On 12/20/06 am office note indicated the patient had COPD and was started an
Advair,

On 04/24/07 a chest x-ray, PA and lateral and bilateral obliques, was read by
Dr, William Messeral as having an abnormal interstitium consistent with mild
interstitial fibrosis that might be related to asbestos exposure. He also noted s
healed left ninth fractured rib aud gave the patient an ILO interpretation of his
xeray as 1/6, S/T. He also noted hyperlucency consistent with emphysema.

On 02/01/08 the patient had colonoscopy that was normal with the exception of
« hyperplastic polyp.

On 03/09/09 an office note indicated the patient had knee pain along with
COPD.

On 04/25/09 an office note indicated the patient was drinking two to ten shots
of whiskey every couple of days and was smoking marijuana frequently,

On 05/05/09 a chest CT scan with high resolution images was read by Dr.
Hayden Evans, His interpretation included 1.) Extensive centrilobular and
paraseptal emphysema, greatest in the right luug apex. 2.) Single pleural
calcified anterolateral plaque in the left lower lobe area: 3.) Mild

sin cence lO OSB PL 1 cee ysense SEP BR QOEf A LAGPM.. Berry & Berry. cucnmnemccnne oo

February 1, 2010
Page §

HUSBAND, Charles

bronchiectasis, 4.) Coronary artery calcification. 5.) No demonstration of
advanced interstitial lung disease. Occasional subpleural linear focal densities,

On 05/05/09 the patient was seen in medical-legal evaluation by Dr. Herman
Bruch. He noted that the patient had been a union carpenter from 1971 to 1975
and was around boilers and insulated pipe. In 1975 he began working as an
operating engineer, On physical examination bis lungs were clear, Pulmonary
function testing was done on 03/05/09 and the forced vital capacity was 102% of
predicted with the FEV; 63% of predicted, The FEVi:F VC ratio is 2% and the
FEF 15.75 was 47% of predicted. The total lung capacity was 114% of predicted
and the residual volume was 183% of predicted, The diffusing capacity was
61% of predicted and measured at 21.73. Dr. Herman Bruch reviewed the CT
sean of 05/08/09 and his interpretation included significant emphysema with

’ pleural plaque. He also noted some mild pleural thickening but no pleural
caleification, He uoted centrilobular fibrosis consistent with pulmonary
asbestosis.

Dr. Herman Bruch's fina) impression included pulmonary azbostosis with
interstitial fibrosis and chronic bronchitis with emphysema of a fairly severe
degree.

L reviewed interrogatories of Charles Husband dated 04/02/09. The patient
indicated he suoked from 1975 to 2008 at a half a pack a day. He was a~
carpenter in 1972 and worked on scaffolding. He was also subsequently then a
heavy equipment operator,

X-RAY REVIEW; 1 was provided x-rays from the Berry and Berry Lew Firm
and x-rays taken at Sequoia Hospital.

T reviewed « chest x-ray, PA and lateral, and bilateral obliques, dated 04/24/07,
The costophrenic angles appeared sharp and the cardiothoracic ratio is normal,
There was no evidence of pleural plaque, pleural thickening or pleural
calcification. The hemidiaphragms appeared flat in the lateral and the
interstitial markings appeared normal. There was a possible old healed left-
sided rib fracture.

On 05/08/09 1 reviewed a chest CT scan that included some high resolution
images and there was evidence of severe emphysenta, worse iu the upper lobes.
There was a szutall left-sided caletfied pleural plaque and no evidence of any
abnormal interstitial markings.

oneeneeneee 8, 03 eR TPsverre FDOT. EBOPM. Berry & Berryessa essetine

February 1, 2016 .
Page 6

HUSBAND, Charles

I reviewed 2 chest x-ray PA and lateral wud bilateral obliques done at Sequoia
Hospital on 62/01/10. The costophrenic angles appeared sharp and the
cardiothoracic ratio is normal. The hemidiaphragms appeared flattened in the
lateral compatible with hyperinflation end the interstitial markings appeared
normal. There did appear to be a left-sided old healed rib fracture.

DISCUSSION: This 62 -year-old male says he could walk miles on the level
but does have a history of smoking cigarettes for approximately thirty-five years
or longer, He also apparently has been a consistent smoker of marijuana. He
apparently was in a severe motor vehicle accident and says he was driving at ouc
hundred sighty mites an hour while he was drunk. He had emergency surgery
aad says he may have "died three or four times", He believes be may have had
an injury to the left chest with a lung collapse on the left side and a chest tube
on that side,

We worked ag a carpenter for years and claims at that time he worked on sheet
rock, oil refineries and may have been around insulation of pipe and worked in
boilers. He then worked as an operating engineer with heavy equipment and
remembers working on cleanup of jobs. He helfeves some of the cleanup work
may have exposed him to asbestos. He also works on brakes of heavy
machinery aud remembers blowing them out with high pressure. Physical
examination revealed a pleasant male who had normal oxygenation at rest and
evidence of an abdominal sear from his prior surgery.

Pulmonary function testing done on multiple occasions has evidence of a
severely increased residual volume and obstructive airways disease on his
spirometry. He has also had a reduced diffusing capacity,

My review of his x-rays show evidence of emphysema and hyperinflation, He
has no evidence of increased interstitial markings on a chest CT scan done
05/05/09. He has a single left-sided calcified plaque that may have been
secondary to his chest injury whick occurred in 1979 as a result of a motor
vehicle accident. I see ao other evidence pleural thickening, pleural
calcification or any other evidence of any pleural plaques,

The patient appears to have evidence of emphysema and COPD based on his
history of smoking, pulmonary fanction testing and radiologic exams. He does
not have evidence for asbestosis, His single calvified plaque noted on chest CT
scan is most likely the result of bis motor vehicle accident and not related to
asbestos exposure. He does have a history of depression requiring medication,
hypothyroidism for which he takes Synthroid. He has a history of post

pees snstas te cccaneeecll, O590 PL [Qo vceeecoe Sep T2014. 1:50PM. Berry & Berry.

Webruary 1, 2010
Page 7

HUSBAND, Charles

traumatic stress disorder suffered while in Viet Nam aad he receives some VA
disability for this problem.

fy
Christopher J. Dunn, M.D., F.C.C.P,
CIDimds

vor vere No, 0530 P1310/20/2011 15:58 FAX 98355117 BERRY AND BERRY + BRYDON HUGO 002/002

CHRISTOPHER J, DUNN, M.D. F.C.C.P.
Puimansry Medicine
2900 WHIPPLE AVENUE, SUITE 115
REDWOOO CITY, CALIFORNIA 94062

‘Talaphone (650) 299-0581
Fex 1650) 365-7518

SBAND, C ES October 14, 2011

INDEPENDENT MEDICAL EXAMINATION ADDENDUM

I performed and Independent Medical Examination on Charice! Husband in my office on
February 1, 2010, [have been provided additional medical records by the Berry and
Berry Law Firm for review.

On 10/03/00 the patient had a right inguinal hernia repair and his admission history and
physical indicated he had an exploratory laparotomy in 1984 after a motor vehicle
accident. He also had a traumatic amputation of his right index finger. He was noted to
he hypothyroid and had smoked one pack of cigarettes per day for twenty-five years, His
tungs weren't clear on auscultation.

On 03/25/10 an office note indicated the patient had depression, hypothyroidism, and
COPD. The patient was seen by Dr. McKee.

On 03/25/10 there was also a health screening examination indicating the patient was
currently smoking.

On 11/17/10 an office note by a Nurse Weinberg indicated the patient was frequently
going camping and fishing.

_ On 04/18/11 an office note indicated the patient was smoking still and was hypothyreid
and had elevated lipids.

DISCUSSION: These additional medical records continue to support my conclusion of
February 1st 2010. The patient has a long history of smoking cigarettes and has been
previously diagnosed as having COPD. He may additionally have hyperlipidemia. He
does not have the diagnosis of asbestosis nor have any previous imaging studies revealed
pleural plaguing due to any asbestes exposure. He is followed regularly by his physicians.

Chiat dronus

Christopher J. Dunn, M.D., F.C.C.P.
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Ho bltanepe v4 fn prrrnezEXHIBIT F- Fune 28, 2011

RE: JAMES GREELY
DOB: 01/14/1940
M3436.PULK

MEDICAL RECORDS REVIEW:

‘There are answers to set 1 of asbestos case interrogatories. He had smoked from 1953 to 2008,
approximately one pack per day.

He worked as busboy in 1955. He then worked as a Jaborer for 2 months in 1955 for

American Marine Corporation, He swept the bowels of ships that are undergoing repairs. He
cleaned up after various trades including welders, insulators, and pipe fitters. He swept and
cleaned up asbestos-containing pipe insulations from steam lines, hot water lines, and cool water
lines discarded by pipe fitters and insulators doing repair work. He contended exposure.

He was in the US Army from 1956 fo September 1957 for a total of 5 months. He was a tank
driver. He was on patrol in Germany. He performed maintenance work on the tracks of the tank
when they broke down in the field. He contended exposure to asbestos.

He worked for Charles Hudson briefly in 1958. He did not recall this employment.

He was a laborer for Interstate Ford for 2 months in 1958. He swept and cleaned the mechanics
bay.

He was a truck driver for 2 months in 1959 for Bemis Company in Louisiana. He was unaware
of asbestos exposure.

He did not recall working for Sam Riggo in 1959,

He was a truck driver for 8 months for Rudolph Trucking in 1959. He was unaware of exposure.
He was a Jaborer for Margaret Ricetti for 2 months in 1961. He swept and cleaned up after
cement workers had laid foundation.

Suncraft Engineering. He contended exposure. He mixed and sprayed asbestos-containing
Anbxed anc’ sprayed asbestos-contarin,

& worked installing swimming pools and residential backyards for 8 months in 1961 for

SS

Zonolite,

He was a jaborer at Tidewater Refinery from January 1962 to March 1962 and July 1964 to
September 1964. He performed various duties. He recalled entering and cleaning the interior ofRe: James Greely
Jone 28, 2011
“Page 2

various tanks aud vessels. He recalled sweeping and cleaning asbestos-containing insulation,
dust, and debris. He contended exposure.

3 He had an unknown job for Ambassador Reality for 8 months in 1962. He cannot recall this
employment.

He was a laborer for Crow and Crowe Masonry for 2 months in 1962. He carried materials,
swept, and cleaned up after cement workers. He was unaware of exposure,

He worked for Gallagher Properties for 2 months in 1962. He did not recall the specifics.
He was a laborer for Joe Cesa Contractor each in 1962 and 1963. He hauled and carried
nuaterials and assisted contractors. He worked in close proximity to dry wall carpenters mixing,

applying, and sanding asbestos-containing joint and topping compounds.

He was an installer of swimming pools for Joe Laurence for 2 months in 1963. He mixed and
sprayed asbestos-containing Zonolite.

He did not recall working for Raymond Feichimeir in 1963.

i He was a laborer for Lou Scott Development for 2 months in 1963. He carried and hauled
: materials. He contended exposure. He worked in close proximity to dry wall carpenters who are
tnixing, applying, and sanding asbestos-containing joint and topping compounds.

He did not recall working for Ogden American Corporation in 1964.

He was & laborer for plant maintenance in California at Tidewater Oil in Avon, California. He
did approximately 8 times for 2-3 months at a time between 1964 and 1968. He was sent to this
Jocation on various occasions during shutdowns. He assisted pipe fitters and insulators with
maaintenance and repairs. He swept and cleaned up asbestos-containing insulation debris. He
worked in close proximity to boilermekers, overhauling, repairing, and realigning boilers. He
saw asbestos-containing refractory and insulation being removed and replaced. He also worked
for plant maintenance at Shell Chemical for 6 months between 1964 and 1968, Shell Oil for 2-

3 months at a time, on four separate occasions, During this time, he also worked at Standard Oil,
Exxon,

He was a laborer at Campbell Constraction at a Howard Johnson Hotel in Davis, California for
2. months in 1965. He hauled and carried materials for contractors. He was in close proximity to
dry wall contractors.Re: James Greely
Fone 28, 2011 -
Page 3

He is at the Tide Water Refinery in Avon as a laborer for 2 months in 1965 for
Babcock and Wilcox.

He is at the Concorde US Naval Weapon Station as a Jaborer in 1965. He loaded ammunition
and cargo aboard approximately 10 vessels during his employment. He contended exposure.

We was a laborer in 1965 for Eugene Alves. He carried and hauled materials.

‘He continued as a laborer assisting general contractors for various employers through the 1960s.
He worked at Fibreboard Corporation for 2 months as a laborer. He swept and cleaned asbestos-
containing dust and debris.

He worked for American Rubber Manufacturing Company as an operator/laborer for 2 months in
1969. He operated equipment he used to manufacture fire hoses. He is around other disturbing
asbestos-containing pipe insulation. He contended exposure.

He was a janitor at Mt. Diablo Hospital for 2 months in 1969. He was unaware of exposure.
From April 1969 io 1976, he worked at Shell Oil in Martinez as a laborer. He assisted
journeyman, plumbers, pipe fitters, mechanics, welders, insulators, and boilermakers in
maintenance and repair tasks. He alleged exposure.

He was truck driver from 1979 to 1997 for various employers, He was unaware of exposure.
He was a truck driver for Ecology Control Industrial, from 1998 through the present time. He
would pick up garbage from PG&E plants and Exxon Refinery and hauled it fo hazardous waste
landfill in Manteca, California, He was unaware of exposure.

He also worked for Asbury Environmental Services from 2005 to 2008 as a truck driver. He
picked up chemicals and delivered them to hazardous waste dumps.

He alleged occupatioval exposure through his father, John Greely, who worked as a pipe fitter
and a laborer betweon 1940 and 1949, His father returned home in dusty work clothes.

‘The alleged diagnosis is asbestos-related pleural disease, on or about August 2009 or
October 2009,Re: James Greely
June 28, 2011
Page 4

There are records from Kaiser Vallejo.
An EKG showed bigeminy on March 28, 2003.
He had coronary artery bypass surgery on April 1, 2003 at Summit Medical Center by Dr, Cain.

‘There is an office visit at Kaiser on June 10, 2003. He is primary eligible. He bad been admitted
with unstable angina for CABG. He bad human immunodeficiency. (t J 4 CL" ue

He was seen for postop care on June 23, 2003.

His wound was healed. He seen with back pains on July 9, 2003,

He was seen in the emergency room at Kaiser on October 5, 2003 with left shoulder pain and
shortness of breath. He was then 68 years old with a history of hypertension, tobacco use, HIV
infection, and status post CABG. He had right-sided pleuritic pain and shortness of breath. He
worked as a long-distance truck driver. A CT scan of the chest was negative for pulmonary
emboli. There is a small pleural effusion. The diagnosis was right lower lobe pneumonia and
pleural effusion with chest pain.

He was seen for claudication on November 12, 2003.

An MRI of the lumbar spine on November 19, 2003 showed disk space narrowing and bulging.
It was an aneurysmal dilation on the left iliac artery at 3.2 om.

There is an HIV social services note on December 2, 2003. He is on disability due to back pain.
He was followed up for his HIV on April 9, 2004.

He was seen by HIV social worker on April 10, 2004. He had stopped smoking on
March 31, 2003. He continued to work as a truck driver.

He was seen for bilateral leg pain on May 10, 2004.
There is subsequent HIV social work services office visits, which add no further information.

He was seen June 10, 2004. He complained of decreased appetite on June 10, 2004. He was
seen for back pain on July 17, 2004,Lb

Re: James Greely
June 28, 2011
Page 5

He was seen on April 6, 2005 at HIV Social Service. He had stopped smoking for 2 weeks. His
spinal pain was improved with a disk pump. He had smoked all of his life. He had only worked
as a tuck driver. His brother had died 1 week after he had suffered a heart attack, His brother
also had a heart attack, He last worked as a truck driver 2-1/2 years before.

Be was seen for HIV followup by Dr. Zweier on April 8, 2005.

He was seen on July 21, 2005. He was stili smoking.

Hie was scen with an elevated PSA on July 28, 2005. He complained ofa swollen breast on
September 23, 2005. He had crackdes at the left base.

A mammogram on October 3, 2005 was unremarkable,

He was seen on October 6, 2005. He denied chest pain or shortness of breath, The lungs were
clear.

‘He was noted to have a prominent left common iliac artery aneurysm. on July 1, 2005. There was
possible aneurysm of the upper abdominal aorta. He underwent a left ICA stent placement.

He was seen in vasoular surgery on October 17, 2005 for his iliac aneurysm.

He was seen in the surgical clinic on October 16, 2005 prior to endovascular stenting. This was
performed on October 20, 2005 on the left common iliac artery.

X-rays at the VA on October 21, 2005 showed the iliac stent.

An echocardiogram at Kaiser on November 10, 2005 noted a moderate to severely increased left
ventricular cavity size, There was impaired left ventricular relaxation.

‘Chere is an HIV social work visit on November 22, 2005. He had again stopped smoking
2 weeks before.

He was seen for an clevated PSA on December 2, 2005.

He was seen on March 29, 2006 by Dr, Spillane for hypertension, stable coronary artery disease,
and cardiomyopathy. ‘The lungs are clear. He denied chest pain or shortness of breath. He
continued to smoke, He was seen by HIV social services. He had stopped smoking 3 months
before.Re: James Greely
June 28, 2011
Page 6

A technetium cardiac study on April 17, 2006 showed a normal left ventricular ejection fraction.
An EKG on June 13, 2006 showed diffuse ST-T abnormalities.
He was seen for ongoing problems on fuly 17, 2006. No new data.

He was seen for complaints of claudication on August 22, 2006. He continued to smoke. Night
cramps.

He was somewhat improved on September 5, 2006.

He was seen for left leg weakness on October 30, 2006 of new onset.

He was admitted on November 1, 2006 with symptomatic carotid stenosis, for endarterectomy.
He had a probable acute right MCA stroke with waxing and waning of left lower extremity
weakness. Doppler examination had showed severe bilateral carotid artery stenosis. He
underwent a right carotid endarterectomy.

ACT scan and angiogram of the head and carotid arteries on November 1, 2006 showed bilateral
stenosis.

An MRI of the brain on November 2, 2006 showed evidence of an infarct,

A portable chest x-ray on November 15, 2006 showed the lungs to be clear. There was evidence
of previous surgery. There was no change since October 30, 2006.

He is seen with diarrhea on November 15, 2006. He was dehydrated.

He was seen with intractable diarrhea on November 28, 2006. He was discharged on
November 30, 2006 having had dehydration secondary to enteritis, likely duc to a viral illness.

He was seen on December 6, 2006 with vomiting and diacchea.
On December 10, 2006, it was noted he had C. difficile colitis.

There is an admission note on December 7, 2006 for watery diarrhea, He had a 50-pack year
history of smoking having stopped 1-1/2 month to 2 months before.Re: James Greely
June 28, 2011
Page 7

Medical data during these hospitalizations adds no further information.

There is a letter from Dr. Alan Werblin at Kaiser. Mr. Greely was noted to be totally disabled
due to HIV infection, coronary artery disease status post bypass surgery, carotid occlusive
disease status post stroke and endarterectomy, peripheral vascular disease, and severe lumbar
spinal stenosis

He was admitted on February 23, 2007. He had variable claudication walking one block to
1/2 mile. He had cramps at night, .

There is a preoperative medical evaluation by Dr. Brunk on April 16, 2007. He was then

67 years old with carotid stenosis, and was to have a Jeft carotid endarterectomy. He was able to
walk 1 mile 3 times a week slowly due to his peripheral vascular disease. He had no new
symptoms from his cardiomyopathy. He denied shortness of breath. He was doing well on
antiretroviral therapy. His hypertension was controlled. He had recovered from his CVA on
November 2006, He was a retired truck driver. He had smoked for 55 years one-half to

one pack per day. He was smoking again, The hings were clear. He was now smoking two to
three cigarettes per day.

He had a left carotid endarterectomy on April 18, 2007.

‘He was seen in followup on May 3, 2007. No new problems.

He was seen for evaluation of his prostate on May 8, 2007. His PSA was 11.7, which was rising.
Pathological analysis and prostate biopsies on June 18, 2007 showed adenocarcinoma.

A bone scan was unremarkable on July 10, 2007.

here is a preoperative note on August 17, 2007. He was now smoking one pack per week.

He was seen on September 3, 2007, He was undergoing radiation therapy to the prostate.

Chest x-rays at Kaiser on June 14, 2007 were performed for shortness of breath. He was status
post sternotomy. The lung fields were clear. There was no change since June 13, 2006.

He saw Dr. Zweier on May 12, 2008. He was feeling well. He continued to smoke. He was
driving a truck, but plarmed to retire the following month. The lungs wete clear.|
|

Re: James Greely
June 28, 2011 .
Page 8

He was seen with right leg pain on June 30, 2008. This was an acute onset. Te was thought to
have a bypass occlusion.

He has a pre-angiogram history and physical dated July 17, 2008 by Dr. Wolford. He had
significant claudication. He was smoking a half-pack per day.

An MRI showed artifact in the abdomen anterior to the spine from metal. There was spinal
stenosis. This was July 3, 2008.

He had a lower extcemity angiogram on July 30, 2008 for preoperative evaluation by Dz, Brunk
on August 19, 2008, He was to have femoral tibial bypass. He continues to smoke balf-a-pack
per day. He worked as a trucker. He could not drive since his graft had closed.

An EXG on Angust 25, 2008 showed possible anteroseptal infarct and diffuse ST-T wave
abnormalities.

He was discharged on September 4, 2008 having had a bypass graft.
Doppler imaging on September 24, 2008 showed partial stenosis of the mid-grafi.

He was scen in followup on October 2, 2008. He was improving slowly from his operation. He
was seeti on October 21, 2008 by Dr. Zweier.

He recently had a positive laboratory test for syphilis. He had declined a lumbar puncture. He
agreed to have penicillin. em

He was seen on January 29, 2009 by Dr. Zweier. He had again started smoking. He had quit
when he was not working.

Chest x-rays on January 27, 2009 were performed because of “shortness of breath.” The lungs
were clear. He was status post surgery. There was no change from prior.

He was seen for HIV followup on uly 6, 2009. He felt fine and had no active complaints. He
recently had swelling in his neck, which had resolved. He was smoking one-half pack per day.
He denied shortness of breath.

He was seen at Kaiser Emergency on June 28, 2009 for complaints of sudden vision loss,
headache, and neck swelling. Chest x-rays were unremarkable, A CT scan of the neck and head
showed no reason for his complaints. Consultation with Dr. Lee of neurology opined that thispe

He

Re: James Greely
June 28, 2011
Page 9

was an ophthalmologic problem versus neurologic defect, Ophthalmology consultation
xecommended no intervention. His complaints resolved while in the emergency room.

Chest x-rays on June 27, 2009 showed no active disease.

We saw Dr. Chabi on June 29, 2009 in ophthalmology consult. The diagnosis was
amaurosis fugax.

He saw Dr. Werblin on August 13, 2009 for HIV infection follawup. No new data. He was
stable,

‘There was a B reading of a chest x-ray by Dr. Powers dated August 12, 2009. The x-ray was
imaged on July 31, 2009. He opined that there were P/P abnormalities in all lung zones with a
I/l profusion, There were no pleural abnormalities, but there were vague densities over the mid-
right, and upper and lower left lugs, This was possible coalescence of nodules or en face
plaques.

‘There is another report by Dr. Powers dated September 24, 2009 of a CT and high-resolution CT
scan of the chest performed at Norcal Imaging of Concorde at September 24, 2009. Dr. Powers
noted no evidence for asbestosis or silicosis on the high-resolution CT scan, ‘There is “very
limited, bilateral, noncalcified pleural plaque formation consistent with earliest visualization of
prior asbestos exposure.” These are present bilaterally.

The chest x-rays at Kaiser on September 16, 2009 showed evidence of prior surgery. There is no
other significant finding.

He was seen for recurrent claudication by Dr. Wolford on September 28, 2009.

He had a planned angioplasty of a right graft stenosis on October 8, 2009.

He was scen on January 27, 2010 for a routine followup. He had ‘no specific complaints.
Pulmonary function tests were performed at Kai: March 1, 2010. Airways obstruction was
identified, without bronchodilator response. m was normal. Lung volumes were
normal, but pulmonary function tests data is not available for review.

‘There is a report dated May 11, 2010 by Dr. Bruch. He had scen and examined Mr. Greely on

that date. At that time, he was a 70-year-old African-American male. He suffered from spinal
stenosis with a severe back pain. He had prostate cancer diagnosed in 2007, treated withhae

Re: James Greely
June 28, 2011
Page 10

sadiation therapy. He also had high cholesterol. He had severe atherosclerotic disease. He had
emergency coronary artery bypass surgery in 2003. Since then, his cardiac status had been
stable. He complained of dyspnea on mild exertion for the past few years. He had some
discomfort when lying down. There was no edema,

He had a CVA with transient right-sided weakness in 2007, He subsequently underwent bilateral
carotid endarterectomies. He had no further strokes. .

He had severe peripheral artery disease with vascular surgery on ihe right leg twice.

He was a former heavy smoker. He started smoking at the age of 13. He stopped smoking the
year before. He generally smoked a pack-and-a-half a day.

He had frequent heartburn. He had known HIV infection since 1999. He was under good
control on medication.

. An occupational history was obtained using the standard asbestos case interrogatories. He

worked as a union laborer doing extensive amount of refinery work, doing clean up while repairs
and overhauls are being done. He had extensive exposure to asbestos during that time as he was
cleaning out areas containing asbestos. He also did construction work as a laborer and did clean-
up work adjacent to carpenters and dry wall installers who are using asbestos-containing
materials. He did that type of work for many years at various locations.

In recent years, he would work as a truck driver. He stopped working in 2008 because of back
pain.

The physical examination of the lu