Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 03/03/2023
EXHIBIT 10
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 1
1
2 SUPREME COURT: ALL COUNTIES
WITHIN THE CITY OF NEW YORK
3 ----------------------------------------------------X
IN RE: NEW YORK CITY
4 ASBESTOS LITIGATION
----------------------------------------------------X
5 This Document Applies to:
6 DESIREE HOOPER-LYNCH
7 DEPOSITION UNDER ORAL
EXAMINATION OF
8 DAVID ZHANG, M.D.
9
Index No: 190328/2015
10 ----------------------------------------------------X
214-10 24th Avenue
11 Bayside, New York
12
13
14
15 Transcript of the deposition of the witness,
called for Oral Examination in the above-captioned
16 matter, said deposition being taken pursuant to
Federal Rules of Civil Procedure by and before BRENDA
17 FITZGERALD, a Notary Public and Shorthand Reporter,
at the offices of David Zhang, M.D., 214-10 24th
18 Avenue, Bayside, New York on Thursday, August 30th,
2018, commencing at 9:00 in the forenoon.
19
20
21
PRIORITY-ONE COURT REPORTING SERVICES, INC.
22 290 West Mt. Pleasant Avenue
Livingston, New Jersey 07039
23 (718) 983-1234
24
25 Job No.: 2985517
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 2
1
2 STIPULATIONS
3 IT IS HEREBY STIPULATED AND AGREED by
4 and between the attorneys for the respective parties
5 hereto that filing, sealing and certification of the
6 within Examination Before Trial be waived; that all
7 objections, except as to form, are reserved to the
8 time of trial.
9 IT IS FURTHER STIPULATED AND AGREED that
10 the transcript may be signed before any Notary Public
11 with the same force and effect as if signed before a
12 Clerk or Judge of the Court.
13 IT IS FURTHER STIPULATED AND AGREED that
14 the within examination may be utilized for all
15 purposes as provided by the CPLR.
16 IT IS FURTHER STIPULATED AND AGREED that
17 all rights provided to all parties by the CPLR shall
18 not be deemed waived and the appropriate sections of
19 the CPLR shall be controlling with resect thereto.
20 IT IS FURTHER STIPULATED AND AGREED by
21 and between the attorneys for the respective parties
22 hereto that a copy of the Examination shall be
23 furnished, without charge, to the attorney
24 representing the witness testifying herein.
25 oOo
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 3
1
2 I N D E X
3 WITNESS EXAMINATION BY PAGE
4 David Zhang, M.D. Mr. Tovey 5
5 Mr. L'Homme 175
6 Ms. Seiden 190
7
8 EXHIBITS
9 DEFENDANTS' DESCRIPTION FOR IDENT
10 1 Article by Dr. Strauchen 5
11 2 Article by James A. Strauchen, M.D. 30
12 3 Dr. Zhang's August 3, 2017 expert report 41
13 4 Dr. Zhang's August 21, 2018 supplemental
expert report 41
14
5 IARC Monographs on the Evaluation of
15 Carcinogenic Risks to Humans 48
16 6 Work-Related Lung Disease Surveillance
Report 2007 88
17
7 Plaintiff's Expert Witness Disclosure
18 Pursuant to CPLR 3101(d) 97
19 8 Dr. Zhang's curriculum vitae 104
20 9 1997 consensus report 139
21 10 H. Wang et al. journal article 153
22 11 Paper entitled Animal Experiments with Talc 156
23 12 1980 World Health Organization paper 162
24 13 Biological Effects of Tremolite paper 168
25
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 4
1
2 A P P E A R A N C E S:
3 KARST & von OISTE, LLP
Attorneys for the Plaintiff
4 576 5th Avenue, Suite 401
New York, New York 10036
5 BY: DOUGLAS von OISTE, ESQ.
6
7 QUINN, EMANUAL, URQUHART & SULLIVAN, LLP
Attorneys for Defendant(s)
8 Colgate-Palmolive Company
50 California Street, 22nd Floor
9 San Francisco, California 94111
BY: MORGAN W. TOVEY, ESQ.
10 MICHAEL LINHORST, ESQ.
11
12 LITCHFIELD CAVO, LLP
Attorneys for Defendant(s)
13 Imerys Talc America, Inc.,
Cyprus Amax Minerals Co.
14 420 Lexington Avenue, Suite 2104
New York, New York 10170-2199
15 BY: MICHAEL R. L'HOMME, ESQ.
16
17 LANDMAN, CORSI, BALLAINE & FORD, P.C.
Attorneys for Defendant(s)
18 Whittaker, Clark & Daniels
One Gateway Center, Fourth Floor
19 Newark, New Jersey 07102
BY: JESSICA SEIDEN, ESQ.
20
21
GORDON & REES, SCULLY, MANSUKHANI, LLP
22 Attorneys for Defendant(s)
Colgate-Palmolive
23 One Battery Park Plaza, 28th Floor
New York, New York 10004
24 BY: ERIK DiMARCO, ESQ.
25
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
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NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 5
1 David Zhang, M.D.
2 (Whereupon, Third Amended Notice of
3 Depositions Upon Oral Examination was received and
4 marked Defendants' Exhibit 1, for identification, as
5 of this date.)
6 D A V I D Z H A N G, having been first duly sworn
7 by a Notary Public of the State of New York, was
8 examined and testified as follows:
9 EXAMINATION BY
10 MR. TOVEY:
11 Q. Good morning.
12 A. Good morning.
13 Q. Sir, would you state your full name for
14 the record.
15 A. My name is David Zhang, Z-h-a-n-g.
16 Q. Dr. Zhang, are you presently employed?
17 A. Yes.
18 Q. By whom are you employed?
19 A. I'm employed by -- I'm working in
20 several institutions. The number one is the VA
21 Hospital in Brooklyn and Manhattan. It's called VA
22 Harbor Health System. The second one is the EIMG,
23 Excelsior Integrated Medical Group. It's a group of
24 physicians and I do the pathology service there.
25 Also, I'm working on another company called EastGene
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 35
1 David Zhang, M.D.
2 like smoking, a little bit of smoking is bad and more
3 smoking is worse. Sun is a different story, also in
4 different way because the melanoma, even small
5 exposure probably is not too good, right, but good
6 sun generate vitamin D to make you healthy. I think
7 it looks at different disease aspects.
8 Q. How about water, a little bit of water
9 is not really healthy, but necessary for us, right?
10 A. Yes.
11 Q. Too much water we can kill ourselves,
12 right?
13 A. That is correct. But asbestos is not --
14 asbestos even small exposure is not going to help
15 you, not something that makes you healthy. That's
16 what I'm trying to say.
17 Q. Understood. But you would agree that
18 even with asbestos the dose makes the poison?
19 A. Yes, even small dose is still poison.
20 Q. There is a level of exposure to asbestos
21 that has not been demonstrated to establish
22 asbestos-related disease, correct?
23 A. Yes, but that doesn't mean that it helps
24 you, that it's good for you.
25 Q. I agree with you on that one. But you
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 36
1 David Zhang, M.D.
2 agree that persons that are exposed solely to
3 background levels of asbestos are not at increased
4 risk for developing mesothelioma, right?
5 A. That is true.
6 Q. Dr. Zhang, because you've been deposed
7 before and you and I have spoken on prior occasions,
8 I've dispensed with the usual litany of ground rules
9 of a deposition.
10 A. Okay.
11 Q. You're represented by very fine counsel.
12 I assume that you had an opportunity to discuss what
13 the rules of a deposition are.
14 A. Yes.
15 Q. You're comfortable with me dispensing
16 with the admonitions?
17 A. What does mean admonitions?
18 Q. Let me try it again. I'm going to not
19 take you through the entire litany of rules of a
20 deposition. I just simply want to remind you that
21 you're testifying under oath here this morning, you
22 understand that?
23 A. Yes, of course.
24 Q. You understand that even though we're in
25 an informal setting in your office here, that your
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 152
1 David Zhang, M.D.
2 Q. If you can do a cohort study for
3 asbestos miners, there's really no reason why you
4 could not do the same type of study for talc miners,
5 is there?
6 A. No, I think what you said, talc miners,
7 you can do study because the population is
8 controlled, they're all working in the same mine. I
9 thought talc powder study.
10 Q. Fair enough. I understand. But you're
11 not aware of any epidemiology studies of a cosmetic
12 grade talc minor or miller that have reported a case
13 of mesothelioma?
14 A. No, not that I know of.
15 Q. The exposure data that you reference in
16 your report or your book from Gordon et al., you
17 would defer to a materials scientist to determine
18 whether or not they've accurately identified asbestos
19 in the talc, right?
20 A. That is correct.
21 Q. You would defer to an industrial
22 hygienist to determine whether or not what they are
23 counting as asbestos fibers were cc is correct, an
24 apple to apple comparison with OSHA?
25 A. Yes, whoever it is. It may not be
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 195
1
2 J U R A T
3
4 I, David Zhang, M.D., the witness herein, do
5 hereby certify the foregoing testimony of the pages
6 of this deposition to be a true and correct
7 transcript, subject to the corrections, if any, shown
8 on the attached page.
9
10 ___________________________
DAVID ZHANG, M.D.
11
12
13 Subscribed and sworn to before me
14 This _____ day of ____________, 2018.
15
16
_________________________________
17 NOTARY PUBLIC
18
19
20
21
22
23
24
25
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
NEW YORK
FILED: ERIE COUNTY
COUNTY CLERK
CLERK 09/28/2020
05/10/2021
03/03/2023 05:41
03:56
03:51 PM PM 190346/2018
190254/2019
INDEX NO. 815818/2020
678
151
NYSCEF DOC. NO. 122 09/28/2020
05/10/2021
RECEIVED NYSCEF: 03/03/2023
Page 196
1
2 C E R T I F I C A T E
3
4 STATE OF NEW YORK )
) ss:
5 COUNTY OF NEW YORK )
6
7 I, BRENDA FITZGERALD, a Shorthand
8 Reporter and Notary Public within and for the State
9 of New York, do hereby certify:
10 That, DAVID ZHANG, M.D., the expert
11 witness whose DEPOSITION was held on August 30, 2018,
12 as hereinbefore set forth, was duly sworn by me, and
13 that this transcript of such Examination is a true
14 and accurate record of the testimony given by such
15 witness.
16 I further certify that I am not related
17 to any of the parties to this action by blood or by
18 marriage, and that I am in no way interested in the
19 outcome of this matter.
20 IN WITNESS WHEREOF, I have hereunto set
21 my hand this 7th day of September, 2018.
22
23
___________________________
24
BRENDA FITZGERALD
25
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 03/03/2023 EXHIBIT 10 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 1 1 2 SUPREME COURT: ALL COUNTIES WITHIN THE CITY OF NEW YORK 3 ----------------------------------------------------X IN RE: NEW YORK CITY 4 ASBESTOS LITIGATION ----------------------------------------------------X 5 This Document Applies to: 6 DESIREE HOOPER-LYNCH 7 DEPOSITION UNDER ORAL EXAMINATION OF 8 DAVID ZHANG, M.D. 9 Index No: 190328/2015 10 ----------------------------------------------------X 214-10 24th Avenue 11 Bayside, New York 12 13 14 15 Transcript of the deposition of the witness, called for Oral Examination in the above-captioned 16 matter, said deposition being taken pursuant to Federal Rules of Civil Procedure by and before BRENDA 17 FITZGERALD, a Notary Public and Shorthand Reporter, at the offices of David Zhang, M.D., 214-10 24th 18 Avenue, Bayside, New York on Thursday, August 30th, 2018, commencing at 9:00 in the forenoon. 19 20 21 PRIORITY-ONE COURT REPORTING SERVICES, INC. 22 290 West Mt. Pleasant Avenue Livingston, New Jersey 07039 23 (718) 983-1234 24 25 Job No.: 2985517 Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 2 1 2 STIPULATIONS 3 IT IS HEREBY STIPULATED AND AGREED by 4 and between the attorneys for the respective parties 5 hereto that filing, sealing and certification of the 6 within Examination Before Trial be waived; that all 7 objections, except as to form, are reserved to the 8 time of trial. 9 IT IS FURTHER STIPULATED AND AGREED that 10 the transcript may be signed before any Notary Public 11 with the same force and effect as if signed before a 12 Clerk or Judge of the Court. 13 IT IS FURTHER STIPULATED AND AGREED that 14 the within examination may be utilized for all 15 purposes as provided by the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED that 17 all rights provided to all parties by the CPLR shall 18 not be deemed waived and the appropriate sections of 19 the CPLR shall be controlling with resect thereto. 20 IT IS FURTHER STIPULATED AND AGREED by 21 and between the attorneys for the respective parties 22 hereto that a copy of the Examination shall be 23 furnished, without charge, to the attorney 24 representing the witness testifying herein. 25 oOo Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 3 1 2 I N D E X 3 WITNESS EXAMINATION BY PAGE 4 David Zhang, M.D. Mr. Tovey 5 5 Mr. L'Homme 175 6 Ms. Seiden 190 7 8 EXHIBITS 9 DEFENDANTS' DESCRIPTION FOR IDENT 10 1 Article by Dr. Strauchen 5 11 2 Article by James A. Strauchen, M.D. 30 12 3 Dr. Zhang's August 3, 2017 expert report 41 13 4 Dr. Zhang's August 21, 2018 supplemental expert report 41 14 5 IARC Monographs on the Evaluation of 15 Carcinogenic Risks to Humans 48 16 6 Work-Related Lung Disease Surveillance Report 2007 88 17 7 Plaintiff's Expert Witness Disclosure 18 Pursuant to CPLR 3101(d) 97 19 8 Dr. Zhang's curriculum vitae 104 20 9 1997 consensus report 139 21 10 H. Wang et al. journal article 153 22 11 Paper entitled Animal Experiments with Talc 156 23 12 1980 World Health Organization paper 162 24 13 Biological Effects of Tremolite paper 168 25 Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 4 1 2 A P P E A R A N C E S: 3 KARST & von OISTE, LLP Attorneys for the Plaintiff 4 576 5th Avenue, Suite 401 New York, New York 10036 5 BY: DOUGLAS von OISTE, ESQ. 6 7 QUINN, EMANUAL, URQUHART & SULLIVAN, LLP Attorneys for Defendant(s) 8 Colgate-Palmolive Company 50 California Street, 22nd Floor 9 San Francisco, California 94111 BY: MORGAN W. TOVEY, ESQ. 10 MICHAEL LINHORST, ESQ. 11 12 LITCHFIELD CAVO, LLP Attorneys for Defendant(s) 13 Imerys Talc America, Inc., Cyprus Amax Minerals Co. 14 420 Lexington Avenue, Suite 2104 New York, New York 10170-2199 15 BY: MICHAEL R. L'HOMME, ESQ. 16 17 LANDMAN, CORSI, BALLAINE & FORD, P.C. Attorneys for Defendant(s) 18 Whittaker, Clark & Daniels One Gateway Center, Fourth Floor 19 Newark, New Jersey 07102 BY: JESSICA SEIDEN, ESQ. 20 21 GORDON & REES, SCULLY, MANSUKHANI, LLP 22 Attorneys for Defendant(s) Colgate-Palmolive 23 One Battery Park Plaza, 28th Floor New York, New York 10004 24 BY: ERIK DiMARCO, ESQ. 25 Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 5 1 David Zhang, M.D. 2 (Whereupon, Third Amended Notice of 3 Depositions Upon Oral Examination was received and 4 marked Defendants' Exhibit 1, for identification, as 5 of this date.) 6 D A V I D Z H A N G, having been first duly sworn 7 by a Notary Public of the State of New York, was 8 examined and testified as follows: 9 EXAMINATION BY 10 MR. TOVEY: 11 Q. Good morning. 12 A. Good morning. 13 Q. Sir, would you state your full name for 14 the record. 15 A. My name is David Zhang, Z-h-a-n-g. 16 Q. Dr. Zhang, are you presently employed? 17 A. Yes. 18 Q. By whom are you employed? 19 A. I'm employed by -- I'm working in 20 several institutions. The number one is the VA 21 Hospital in Brooklyn and Manhattan. It's called VA 22 Harbor Health System. The second one is the EIMG, 23 Excelsior Integrated Medical Group. It's a group of 24 physicians and I do the pathology service there. 25 Also, I'm working on another company called EastGene Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 35 1 David Zhang, M.D. 2 like smoking, a little bit of smoking is bad and more 3 smoking is worse. Sun is a different story, also in 4 different way because the melanoma, even small 5 exposure probably is not too good, right, but good 6 sun generate vitamin D to make you healthy. I think 7 it looks at different disease aspects. 8 Q. How about water, a little bit of water 9 is not really healthy, but necessary for us, right? 10 A. Yes. 11 Q. Too much water we can kill ourselves, 12 right? 13 A. That is correct. But asbestos is not -- 14 asbestos even small exposure is not going to help 15 you, not something that makes you healthy. That's 16 what I'm trying to say. 17 Q. Understood. But you would agree that 18 even with asbestos the dose makes the poison? 19 A. Yes, even small dose is still poison. 20 Q. There is a level of exposure to asbestos 21 that has not been demonstrated to establish 22 asbestos-related disease, correct? 23 A. Yes, but that doesn't mean that it helps 24 you, that it's good for you. 25 Q. I agree with you on that one. But you Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 36 1 David Zhang, M.D. 2 agree that persons that are exposed solely to 3 background levels of asbestos are not at increased 4 risk for developing mesothelioma, right? 5 A. That is true. 6 Q. Dr. Zhang, because you've been deposed 7 before and you and I have spoken on prior occasions, 8 I've dispensed with the usual litany of ground rules 9 of a deposition. 10 A. Okay. 11 Q. You're represented by very fine counsel. 12 I assume that you had an opportunity to discuss what 13 the rules of a deposition are. 14 A. Yes. 15 Q. You're comfortable with me dispensing 16 with the admonitions? 17 A. What does mean admonitions? 18 Q. Let me try it again. I'm going to not 19 take you through the entire litany of rules of a 20 deposition. I just simply want to remind you that 21 you're testifying under oath here this morning, you 22 understand that? 23 A. Yes, of course. 24 Q. You understand that even though we're in 25 an informal setting in your office here, that your Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 152 1 David Zhang, M.D. 2 Q. If you can do a cohort study for 3 asbestos miners, there's really no reason why you 4 could not do the same type of study for talc miners, 5 is there? 6 A. No, I think what you said, talc miners, 7 you can do study because the population is 8 controlled, they're all working in the same mine. I 9 thought talc powder study. 10 Q. Fair enough. I understand. But you're 11 not aware of any epidemiology studies of a cosmetic 12 grade talc minor or miller that have reported a case 13 of mesothelioma? 14 A. No, not that I know of. 15 Q. The exposure data that you reference in 16 your report or your book from Gordon et al., you 17 would defer to a materials scientist to determine 18 whether or not they've accurately identified asbestos 19 in the talc, right? 20 A. That is correct. 21 Q. You would defer to an industrial 22 hygienist to determine whether or not what they are 23 counting as asbestos fibers were cc is correct, an 24 apple to apple comparison with OSHA? 25 A. Yes, whoever it is. It may not be Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 195 1 2 J U R A T 3 4 I, David Zhang, M.D., the witness herein, do 5 hereby certify the foregoing testimony of the pages 6 of this deposition to be a true and correct 7 transcript, subject to the corrections, if any, shown 8 on the attached page. 9 10 ___________________________ DAVID ZHANG, M.D. 11 12 13 Subscribed and sworn to before me 14 This _____ day of ____________, 2018. 15 16 _________________________________ 17 NOTARY PUBLIC 18 19 20 21 22 23 24 25 Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 NEW YORK FILED: ERIE COUNTY COUNTY CLERK CLERK 09/28/2020 05/10/2021 03/03/2023 05:41 03:56 03:51 PM PM 190346/2018 190254/2019 INDEX NO. 815818/2020 678 151 NYSCEF DOC. NO. 122 09/28/2020 05/10/2021 RECEIVED NYSCEF: 03/03/2023 Page 196 1 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) ) ss: 5 COUNTY OF NEW YORK ) 6 7 I, BRENDA FITZGERALD, a Shorthand 8 Reporter and Notary Public within and for the State 9 of New York, do hereby certify: 10 That, DAVID ZHANG, M.D., the expert 11 witness whose DEPOSITION was held on August 30, 2018, 12 as hereinbefore set forth, was duly sworn by me, and 13 that this transcript of such Examination is a true 14 and accurate record of the testimony given by such 15 witness. 16 I further certify that I am not related 17 to any of the parties to this action by blood or by 18 marriage, and that I am in no way interested in the 19 outcome of this matter. 20 IN WITNESS WHEREOF, I have hereunto set 21 my hand this 7th day of September, 2018. 22 23 ___________________________ 24 BRENDA FITZGERALD 25 Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932