On December 10, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 08:35 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 03/03/2023
EXHIBIT PP
FILED: ERIE COUNTY CLERK 03/03/2023 08:35 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 200 RECEIVED
INDEXNYSCEF:
NO. 03/03/2023
190044/2016
FILED: NEW YORK COUNTY CLERK 05/23/2018 07:24 P14
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 05/23/2018
Page 1
1 SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
2 DOCKET NO.: MID-L-7555-13AS
____________--------------------x
3 ELENA S. DIAZ and CECILIO
DIAZ,
4
Plaintiff,
5
-against-
6
BRENNTAG NORTH AMERICA, as a
7 successor-in-interest to
Mineral Pigment Solutions,Inc.,
8 as a successor-in-interest
to Whittaker, Clark & Daniels,
9 Inc., et al.,
10 Defendants.
_________-_________-------------x
11 Transcript of the videotaped deposition of
12 JACQUELINE MOLINE, M.D., called for Oral Examination
13 in the above-captioned matter, said deposition being
14 taken pursuant to Federal Rules of Civil Procedure
15 by and before EVAMARIE WALSH, a Notary Public and
16 Shorthand Reporter, at the Offices of LEVY
17 KONIGSBERG, LLP, 800 Third Avenue, New York, New
18 York 10022, on Thursday, October 16, 2014,
19 commencing at approximately 2:06 in the afternoon.
20
21
22
23
24
25 JOB NO.: 1950070
Priority-ÓneCourtReportingServicesInc.-AVeritextCompany
718-983-1234
FILED: ERIE COUNTY CLERK 03/03/2023 08:35 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 200 RECEIVED NYSCEF:
IN DEX NO. 03/03/2023
1900 4 4 / 2016
FILED : NEW YORK COUNTY CLERK 05/23/2018 07 : 24 P
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 05/23/2018
Jacqueline Moline, M.D.
Page 110 Page 112
1 A Not specifically. 1 1 asbestos-exposed workers are at an increased risk of
2 Q Okay. And when outside of the times 2 developing malignant mesothelioma?
3 when -- well, let me ask it a different way. 3 A Yes.
4 What do you use this reference list for? 4 Q And in this case, I want you to assume
5 A I've been asked to produce a reference 5 that tale is not the cause.
6 list. That's the only purpose for having this. 6 Would it be your opinion that the
7 Q Is this a reference list that you 7 plaintiff's secondary exposures from washing her
8 routinely give to Levy Konigsberg in the cases in 8 husband's clothes are, to a reasonable degree of
9 which you're retained to serve as an expert? 9 medical certainty, a substantial cause of ber
10 A I think
they probably have a copy of it and 10 mesothelioma?
11 use it if it's -- if it's asked to be produced 11 A Yes.
they
12 and then it's a reference list, and I probably 12 MS. CHUNG: Okay, that's it for me.
13 should be more diligent in updating it, but it is 13 So I will switch out.
14 what it is today. 14
15 Q Because in the Bernard and Tedrick 15 CROSS-EXAMINATION BY MR. MILLER:
16 cases, for example, we remember that in those 16 Q Doctor, you ready to -- I know we're
17 reports you supplied a bibliography. 17 not officially off the record, but we okay to
18 Is there some reason that you changed from 18 continue with me asking?
19 the practice of doing a bibliography in the report 19 We met at the -- your deposition in the
20 to furnishing this reference list? 20 Fishbain case. My name is Chip Miller. I'm from
21 A I got older and wiser. 21 the Goldberg Segalla firm. I represent other
22 Q So is there a way in which this is 22 Shulton defendants. You said before you like to
23 more convenient or efficient? 23 know who's you the questions
so I wanted -
asking
24 A It's just more -- it has more references 24 A I appreciate that, Chip.
25 and it's more generally related to asbestos and 25 -- to remind you of who I was. So I'd
Q
Page 111 Page 113
1 mesothelioma. It isn't just case specific, so that 1 like to just clear up a couple of things. I think I
2 I don't -- 'cause I hadn't thought of keeping 2 may know the answers to some of these based upon the
3 specific lists, but at the time that I was asked to 3 testimony from Fishbain and what you said today
4 look at the Bernard and Tedrick cases, I had done 4 about the Cashmere Bouquet products you talked about
5 more work specifically looking at tale, so I had a 5 so far, but just if you bear with me, I'm going to
6 bibliography related to that. 6 try do this as quickly as I can. 1 know you've been
7 Q Now, are you aware today, this is 7 very patient with us.
8 again something that I want to update, are you aware 8 When you said earlier today that,
9 of any epidemiological studies reporting an 9 obviously, if there was no asbestos in any of the
10 increased risk of mesothelioma in consumers from the 10 Cashmere Bouquet products, then Cashmere Bouquet
11 use of cosmetic talcum powder? 11 would not be a cause of Mrs. Diaz's illness, the
12 A I think you asked me that earlier today and 12 same would hold true if there were no asbestos in
13 I'm still of unaware of any study that's ever been 13 any of the Desert Flower or Old Spice products,
14 done by any company that's manufactured the cosmetic 14 correct?
15 talc or any - any investigator that's looked at 15 A Correct.
16 that. 16 Q Incidentally, are you aware of any
17 MS. CHUNG: I'm going to take a 17 epidemiological studies pertaining to tale that was
18 moment. I may be done, but I just want to 18 mined from Alabama?
19 check. 19 A No.
20 MS. KAGAN: Let's go off the record. 20 Q Okay. As I recall from your testimony
21 (A short recess is taken.) 21 in the Fishbain case that at least as of that point
22 Q So, Dr. Moline, I just have a couple 22 you had not done any testing, yourself, of any
23 questions left 23 talc-containing products, and I presume that is
24 One is, are you aware of literature 24 still the case today, that you've not done any
25 concluding that household contacts of 25 testing of any tale-containing products?
29 (Pages 110 -
113)
Priority-One Court Services Inc. - A Veritext
Reporting Company
718-983-1234
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 08:35 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 03/03/2023 EXHIBIT PP FILED: ERIE COUNTY CLERK 03/03/2023 08:35 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 200 RECEIVED INDEXNYSCEF: NO. 03/03/2023 190044/2016 FILED: NEW YORK COUNTY CLERK 05/23/2018 07:24 P14 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 05/23/2018 Page 1 1 SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY 2 DOCKET NO.: MID-L-7555-13AS ____________--------------------x 3 ELENA S. DIAZ and CECILIO DIAZ, 4 Plaintiff, 5 -against- 6 BRENNTAG NORTH AMERICA, as a 7 successor-in-interest to Mineral Pigment Solutions,Inc., 8 as a successor-in-interest to Whittaker, Clark & Daniels, 9 Inc., et al., 10 Defendants. _________-_________-------------x 11 Transcript of the videotaped deposition of 12 JACQUELINE MOLINE, M.D., called for Oral Examination 13 in the above-captioned matter, said deposition being 14 taken pursuant to Federal Rules of Civil Procedure 15 by and before EVAMARIE WALSH, a Notary Public and 16 Shorthand Reporter, at the Offices of LEVY 17 KONIGSBERG, LLP, 800 Third Avenue, New York, New 18 York 10022, on Thursday, October 16, 2014, 19 commencing at approximately 2:06 in the afternoon. 20 21 22 23 24 25 JOB NO.: 1950070 Priority-ÓneCourtReportingServicesInc.-AVeritextCompany 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 08:35 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: IN DEX NO. 03/03/2023 1900 4 4 / 2016 FILED : NEW YORK COUNTY CLERK 05/23/2018 07 : 24 P NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 05/23/2018 Jacqueline Moline, M.D. Page 110 Page 112 1 A Not specifically. 1 1 asbestos-exposed workers are at an increased risk of 2 Q Okay. And when outside of the times 2 developing malignant mesothelioma? 3 when -- well, let me ask it a different way. 3 A Yes. 4 What do you use this reference list for? 4 Q And in this case, I want you to assume 5 A I've been asked to produce a reference 5 that tale is not the cause. 6 list. That's the only purpose for having this. 6 Would it be your opinion that the 7 Q Is this a reference list that you 7 plaintiff's secondary exposures from washing her 8 routinely give to Levy Konigsberg in the cases in 8 husband's clothes are, to a reasonable degree of 9 which you're retained to serve as an expert? 9 medical certainty, a substantial cause of ber 10 A I think they probably have a copy of it and 10 mesothelioma? 11 use it if it's -- if it's asked to be produced 11 A Yes. they 12 and then it's a reference list, and I probably 12 MS. CHUNG: Okay, that's it for me. 13 should be more diligent in updating it, but it is 13 So I will switch out. 14 what it is today. 14 15 Q Because in the Bernard and Tedrick 15 CROSS-EXAMINATION BY MR. MILLER: 16 cases, for example, we remember that in those 16 Q Doctor, you ready to -- I know we're 17 reports you supplied a bibliography. 17 not officially off the record, but we okay to 18 Is there some reason that you changed from 18 continue with me asking? 19 the practice of doing a bibliography in the report 19 We met at the -- your deposition in the 20 to furnishing this reference list? 20 Fishbain case. My name is Chip Miller. I'm from 21 A I got older and wiser. 21 the Goldberg Segalla firm. I represent other 22 Q So is there a way in which this is 22 Shulton defendants. You said before you like to 23 more convenient or efficient? 23 know who's you the questions so I wanted - asking 24 A It's just more -- it has more references 24 A I appreciate that, Chip. 25 and it's more generally related to asbestos and 25 -- to remind you of who I was. So I'd Q Page 111 Page 113 1 mesothelioma. It isn't just case specific, so that 1 like to just clear up a couple of things. I think I 2 I don't -- 'cause I hadn't thought of keeping 2 may know the answers to some of these based upon the 3 specific lists, but at the time that I was asked to 3 testimony from Fishbain and what you said today 4 look at the Bernard and Tedrick cases, I had done 4 about the Cashmere Bouquet products you talked about 5 more work specifically looking at tale, so I had a 5 so far, but just if you bear with me, I'm going to 6 bibliography related to that. 6 try do this as quickly as I can. 1 know you've been 7 Q Now, are you aware today, this is 7 very patient with us. 8 again something that I want to update, are you aware 8 When you said earlier today that, 9 of any epidemiological studies reporting an 9 obviously, if there was no asbestos in any of the 10 increased risk of mesothelioma in consumers from the 10 Cashmere Bouquet products, then Cashmere Bouquet 11 use of cosmetic talcum powder? 11 would not be a cause of Mrs. Diaz's illness, the 12 A I think you asked me that earlier today and 12 same would hold true if there were no asbestos in 13 I'm still of unaware of any study that's ever been 13 any of the Desert Flower or Old Spice products, 14 done by any company that's manufactured the cosmetic 14 correct? 15 talc or any - any investigator that's looked at 15 A Correct. 16 that. 16 Q Incidentally, are you aware of any 17 MS. CHUNG: I'm going to take a 17 epidemiological studies pertaining to tale that was 18 moment. I may be done, but I just want to 18 mined from Alabama? 19 check. 19 A No. 20 MS. KAGAN: Let's go off the record. 20 Q Okay. As I recall from your testimony 21 (A short recess is taken.) 21 in the Fishbain case that at least as of that point 22 Q So, Dr. Moline, I just have a couple 22 you had not done any testing, yourself, of any 23 questions left 23 talc-containing products, and I presume that is 24 One is, are you aware of literature 24 still the case today, that you've not done any 25 concluding that household contacts of 25 testing of any tale-containing products? 29 (Pages 110 - 113) Priority-One Court Services Inc. - A Veritext Reporting Company 718-983-1234