Preview
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EXHIBIT 67
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ARTHUR FRIEDMAN, Individually and as
Administrator of the Estate of ILANA NYCAL
FRIEDMAN, Index No.: 190283/2015
Plaintiff,
-against- DEFENDANT CONOPCO, INC.’S
AMENDED EXPERT WITNESS
DISCLOSURE PURSUANT TO CPLR
ABC SUPPLY COMPANY, INC., et al., 3101(D)
Defendants.
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PLEASE TAKE NOTICE that pursuant to CPLR § 3101(d) and the New York City
Asbestos Litigation (NYCAL) Case Management Order, Defendant CONOPCO, INC.
(hereinafter “Conopco” or “Defendant”), by its attorneys, Foley & Mansfield, PLLP, hereby
serves the following Amended Expert Witness Disclosure:
PRELIMINARY STATEMENT
Conopco submits the following list of expert witnesses who may be called by Defendant
to testify at the trial in the above-entitled matter, either live or by deposition. Conopco has not
been provided with sufficient information to enable it to identify accurately and completely all of
the expert witnesses it may present at trial. By submitting this list, Conopco does not waive any
defenses that it may have. Conopco reserves its right to call, live, by deposition, or by other
transcript, any of the expert witnesses listed below, as well as any of the expert witnesses listed
by any other party in this action.
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AMENDED EXPERT WITNESS LIST
1. Dr. John E. Bailey, Jr., Ph.D.
EAS Consulting Group LLC
4910 N. 34th Street
Arlington, Virginia 22207
Dr. John E. Bailey, Jr. is an expert on the United States Food and Drug Administration's
("FDA") regulation of consumer products, including cosmetics, and the consumer products
industries. Dr. Bailey's experience with the regulation of consumer products and accompanying
industries spans four decades, including over 30 years at the FDA, and nearly a decade at the
Cosmetics, Toiletries and Fragrance Association ("CTFA"), now known as the Personal Care
Products Council ("PCPC"). At present, Dr. Bailey is the Expert Advisor for Colors and
Cosmetics at EAS Consulting Group, LLC.
Dr. Bailey obtained his Ph.D. in Chemistry from George Washington University in 1982.
He was previously Executive Vice President for Science, PCPC; Director of Cosmetic Chemistry
at CTFA; Director of the Office of Applied Research and Safety Assessment, Office of Science
HFS-6, Center for Food Safety and Applied Nutrition; Director of the Office of Cosmetics and
Colors, HFS-100, Center for Food Safety and Applied Nutrition; Acting Director of the Division
of Colors and Cosmetics, HFF-430, Center for Food Safety and Applied Nutrition; Program
Manager, Cosmetics and Color Technology Program; Deputy Director of the Division of Colors
and Cosmetics; FDA Project Manager: Internal Control Review of the Color Certification
Program (October, 1989); Associate Director for Colors of the Division of Colors and
Cosmetics; Chief of the Color Technology and Evaluation Branch, Division of Colors and
Cosmetics; Senior Research Chemist, Color Technology and Evaluation Branch, Division of
Color Technology; Chemist, Division of Color Technology; and Chemist, Division of Colors and
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Cosmetics.
If called to testify at trial, Dr. Bailey may be asked to describe his background, training,
education, publications, presentations, and experience. Dr. Bailey may testify regarding the
FDA's authority, policies, and procedures generally, including as they relate to the regulation of
the cosmetics industry and of consumer products generally, and of talc and cosmetic talcum
powder specifically, including Conopco products. Dr. Bailey may discuss the FDA's
surveillance, industry monitoring, and risk assessment work regarding cosmetic talcum powder,
as well as the import behind those activities. Dr. Bailey may also testify about the FDA's
classification of various substances in terms of those substances' safety with respect to
consumers, as well as the methods the FDA uses to make such classifications. Dr. Bailey may
discuss the FDA's powers and protocols for regulations, its proposed regulations for talc in the
1970s, and the decision to withdraw that draft regulation and subsequent endorsement of an
industry-developed standard for assessing the presence of asbestos in talc, a method originally
proposed by the CTFA/PCPC. Dr. Bailey may testify about the role of the CTFA/PCPC in the
cosmetics industry, including with respect to the setting of industry standards. Dr. Bailey may
also testify about the FDA's regulatory actions, responses to citizen's petitions, and official
actions regarding cosmetic talc, as well as the information, policies, protocols, and meaning
behind the FDA's actions. Dr. Bailey may further testify regarding the work that has gone into
the FDA's consistent conclusion that talc was never a public health concern warranting action by
the FDA, including the FDA's testing and review of relevant research.
Dr. Bailey may also provide testimony in response to the opinions and testimony of
Plaintiff's experts. Dr. Bailey's curriculum vitae, which highlights his background, education, and
professional experience and activities, will be provided upon request prior to trial.
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2. Dr. David Weill, M.D.
Weill Consulting Group
533 Audubon Street
New Orleans, Louisiana 70118
Dr. Weill is a former physician, surgeon, Associate Professor and Director of the
Lung and Heart transplant program at Stanford University Hospital and Clinics in Palo Alto,
California. Dr. Weill will testify concerning the medical condition of Plaintiff and may
testify regarding the cause of Plaintiff's disease. He will further testify concerning the
pulmonary aspects of asbestos exposure, including matters such as dose response,
pathogenicity, carcinogenicity, and the potential for asbestos-related disease as a result of
exposures to the different types of fibers and different levels of exposure to asbestos fibers.
Dr. Weill may also testify as to the role of radiology in the diagnosis of asbestos -related
diseases, the Decedent's medical conditions based on his review of the medical records, work
history, and other diagnostic studies, the extent of medical and scientific knowledge
regarding any association between lung cancer and asbestos exposure including his own
clinical research in this area.
Dr. Weill may also testify as to the general medical issues related to the above-
referenced specialties and general anatomy and physiology of the pulmonary system, i.e. the
mechanics of breathing, to organs and structures that play a role in pulmonary physiology,
the lung's defense mechanisms, the tests that are typically employed to determine the type
and presence of abnormalities in the lung, including abnormalities in the mechanics of
breathing as well as the presence of disease within the lung itself (pulmonary f unction
testing), and the patterns of lung abnormality that are characteristically seen with various
types of lung changes. He may also testify concerning the health effects of exposure to
asbestos and/or talc, including the alleged occupational exposure — as described by
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Plaintiffs' witnesses — and whether such exposure could be considered a substantial
contributing factor to Plaintiff's respective alleged disease. Dr. Weill may also discuss the
risks associated with exposures to different types of asbestos fibers and whether such
exposures were a substantial contributing factor to Decedent's alleged disease and the fiber
burden results in this case, if any. Dr. Weill may also testify regarding spontaneous
mesothelioma.
Dr. Weill may also testify as to the principles of epidemiology, including what is
involved in an epidemiological study, that studies of particular groups or occupations of
people are not necessarily applicable to other groups or occupations, the information
necessary to determine the risks for a group of people or persons contracting an asbestos-
related disease, and if it is scientifically possible to attribute a disease to a particular
exposure, and epidemiological analysis of asbestos and how such analysis may be applied to
the facts of a specific individual. Dr. Weill may also testify as to the medical state of the art,
including the risks generally appreciated and understood by the medical community as a
result of exposure to asbestos-containing products, and whether it was understood that such
exposures presented a risk of harm to individuals such as the plaintiff. Dr. Weill may also
testify as to the diagnosis of disease in this case, whether the diagnosis is correct, and
whether the disease can be causally related to exposure to asbestos.
Dr. Weill’s curriculum vitae will be made available upon request prior to trial. If
called to testify, Dr. Weill will be sufficiently familiar with the pending action to submit to a
meaningful oral deposition concerning the testimony described above, including his expert
opinions and bases therefore.
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3. Dana Hollins, MPH, CIH
Cardno ChemRisk
235 Pine Street, Suite 2300
San Francisco, California 94104
Ms. Hollins is a Certified Industrial Hygienist with 10 years of experience in human
health exposure and risk assessment and workplace health and safety. She may testify concerning
the following subjects: Conopco never used asbestos as an ingredient in any personal care
products; Conopco took steps to ensure that the cosmetic-grade talc that it was going to use in its
products was free of asbestos; and no workers who manufactured any personal care product
claimed that he or she contracted an asbestos-related disease resulting from its manufacture.
Ms. Hollins may testify concerning occupational exposure limits, including the American
Conference of Governmental Industrial Hygienists, (“ACGIH”), and Threshold Limit Values,
(“TLV”). Ms. Hollins may testify concerning the EPA’s asbestos regulations for schools, known
as the Asbestos Hazard Emergency Response Act (“AHERA”). Ms. Hollins may also testify
concerning the evaluations of ambient airborne levels of asbestos in our living environments,
separate from the workplace. Ms. Hollins may testify as to the state of the art and rely upon her
experience with and knowledge of asbestos-containing building products and her familiarity with
articles, literature, publications, government regulations, EPA and state guidance documents and
industrial hygiene literature and practices concerning and/or applicable to asbestos-containing,
products. She may also testify as to historical concentrations of asbestos in the ambient air and/or
in urban environments in the United States and elsewhere and any associated risks or health
hazards presented by those concentrations or living in those environments. Ms. Hollins may also
offer opinions on the literature, studies, data and opinions relied upon by Plaintiff’s experts.
Ms. Hollins may also testify concerning the following: the presence or absence of risks
posed by products in connection with different types of activities; industrial hygiene and
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industrial hygiene practice and principles; the available literature and studies relating to
installation and removal of asbestos-containing products; and the state of thinking and
knowledge within the industrial hygiene community regarding the risks posed by products
formulated to contain asbestos. Ms. Hollins may testify regarding alleged occupational exposures
of Plaintiff and whether such exposures created significant risk of asbestos-related disease.
4. Dr. Stanley Fiel, M.D.
Atlantic Health
Morristown Memorial Hospital
100 Madison Avenue
Morristown, New Jersey 07962
Dr. Fiel is a pulmonologist who maintains an office at Morristown Medical Center in
New Jersey. Dr. Fiel may testify regarding asbestos-related diseases and the effects of asbestos
exposure in industrial settings, as well as the characteristics, symptoms and means of diagnosis
of various asbestos-related diseases, and the relationship between levels of asbestos exposure and
asbestos-related disease. He may also testify regarding the existence or non-existence of the
asbestos-related disease alleged by plaintiff. Dr. Fiel is expected to offer testimony concerning
asbestos-related diseases and the effects of exposure to various asbestos-containing products in
persons in occupational settings. He will further testify regarding the clinical medicine,
epidemiology, and radiology of asbestos-related diseases, the criteria for diagnosis of asbestos-
related diseases, as well as the existence of a dose-response relationship between exposure to
asbestos and asbestos-related diseases. He may further testify regarding the propensity of various
asbestos fiber types to contribute to mesothelioma and other asbestos-related diseases such as
asbestosis, pleural plaques, and pleural thickening, and the determination of the risks of suffering
personal injury and/or death as a result of exposure to various asbestos-containing products in
occupational settings.
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Dr. Fiel may also testify regarding the existence or non-existence of any asbestos-related
disease with respect to Plaintiff including but not limited to pleural changes, asbestosis and/or
mesothelioma. He may also testify regarding lung physiology, lung function, lung defense
mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular
disease. Dr. Fiel may also testify regarding the levels of asbestos fibers in human tissue that do
not represent disease and background or ambient air exposure which do not relate to producing
asbestos-related diseases.
Dr. Fiel's testimony will be based upon his training, professional experience, education,
publications, review of the medical, governmental, and scientific literature, review of air-
sampling studies, as well his review of Plaintiff's medical records, doctors' reports, responses to
interrogatories, deposition testimony, and the testimony offered by any other witnesses called on
behalf of the plaintiffs. He may also comment on any other evidence made part of the record at
trial.
5. Dr. Robert M. Ross, M.D., F.C.C.P.
17030 Nanes Drive, Suite 214
Houston, Texas 77090
Dr. Ross is a pulmonary specialist and certified B-reader. He may offer expert testimony
regarding any and all medical issues in this matter. Dr. Ross may testify about the causes of
pulmonological disorders, including cancer, and the meaning of various types of radiological
findings in Plaintiff and/or generally. Dr. Ross may also testify about the attribution of causation,
including general medical, epidemiological, radiological, and pulmonological issues pertinent to
Plaintiff’s condition, and any examination of the medical records, films, or other materials. Dr.
Ross may testify about methods of diagnosis and characteristics of disease, including asbestos-
related disease. Dr. Ross may testify about the role of cigarette smoking as a carcinogen, Dr.
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Ross may also testify about genetic predispositions and other risk factors for cancer or
pulmonary disease. Dr. Ross may also testify as to other matters raised by experts called by
Plaintiff or any co-defendants, or as to any other matters in which Dr. Ross may be so qualified
to testify. Dr. Ross’s curriculum vitae, which highlights his background, education, and
professional experience and activities will be provided upon request prior to trial.
6. Heather H. Xitco, MBA, CPA, CFF
Dolan Xitco Consulting Group
501 West Broadway, Suite 710
San Diego, California 92101
Heather Xitco, MBA, CPA, CFF, is an economist who will evaluate information related
to Plaintiff’s claims of economic loss. Her testimony may include causation analysis relating to
Plaintiff’s alleged economic damage and losses, including but not limited to computation of
damages as alleged by Plaintiff. Ms. Xitco may also testify as to any other matters raised by
experts called by Plaintiff or any co-defendants, or as to any other matters in which Ms. Xitco
may be so qualified to testify. Ms. Xitco’s curriculum vitae, which highlights her background,
education, and professional experience and activities is available upon request.
7. Laura Fuchs Dolan, MBA
Dolan Xitco Consulting Group
501 West Broadway, Suite 710
San Diego, California 92101
Laura Fuchs Dolan, MBA, is an economist who will evaluate information related to
Plaintiff’s claims of economic loss. Her testimony may include causation analysis relating to
Plaintiff’s alleged economic damage and losses, including but not limited to computation of
damages as alleged by Plaintiff. Ms. Dolan may also testify as to any other matters raised by
experts called by Plaintiff or any co-defendants, or as to any other matters in which Ms. Dolan
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may be so qualified to testify. Ms. Dolan’s curriculum vitae, which highlights her background,
education, and professional experience and activities is available upon request.
8. Dr. Stanley J. Geyer, M.D.
Geyer Pathology Services LLC
3 Willow Farms Lane
Pittsburgh, Pennsylvania 15238
Dr. Stanley Geyer is a specialist in pathology. He earned his medical degree from
Jefferson Medical College in 1974. He has held a number of academic appointments since
graduation from medical school. If called to testify at trial, Dr. Geyer may testify about his
background, education, publications, and experience.
Dr. Geyer may testify regarding the role and function of a pathologist in the diagnosis of
disease as well as the various techniques utilized by pathologists in the diagnosis of disease. Dr.
Geyer may also provide testimony concerning his clinical experience as a physician, research in
the field, Plaintiff’s medical record(s), Plaintiff’s exposure history, the diagnosis of
mesothelioma, relation of the diagnosis and symptoms to exposure to asbestos, and diagnostic
procedures and treatments provided to Plaintiff. Dr. Geyer may testify about objective indicia of
elevated asbestos exposure and may testify that not all cases of mesothelioma can be attributed to
asbestos. Dr. Geyer may also provide testimony regarding the causal relationship between
asbestos exposure and diseases of latency related thereto; exposure levels of asbestos; exposure
levels to asbestos that may cause disease; the non-hazardous nature of talc; consumer use of
talcum powder, Conopco talcum powder, and baby powder; risk of cancer faced by asbestos
exposed workers; the epidemiological link between asbestos and cancer; the absence of an
epidemiological link between talc and cancer; and the scientific literature concerning
mesothelioma and asbestos.
Dr. Geyer may testify regarding the level of pathological evidence needed to establish a
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causal link for an asbestos-related disease, such as pleural or peritoneal mesothelioma. Dr. Geyer
may testify about the proper diagnosis of Plaintiff’s disease, and when the disease first
manifested.
Dr. Geyer’s testimony will generally respond to the pathologic, scientific, and
epidemiologic testimony, which may be offered by Plaintiffs’ experts, and in that sense his
testimony is dependent upon the prior testimony of such experts and cannot be specifically
predicted.
Dr. Geyer is expected to provide testimony concerning the anatomic structure and
functioning of the lung from a pathologic perspective, the defense mechanisms and functioning
of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of
various components of the respiratory system in the proper functioning of the lung. He is
expected to describe and distinguish various types of asbestos fibers; to describe the things which
affect the ability of asbestos fibers to affect various structures within the respiratory system; and
to describe the body’s specific responses to fibers of asbestos that are inhaled, whether or not
they are retained.
Dr. Geyer is also expected to define and distinguish various conditions, such as
asbestosis, pleural changes, and other non-malignant changes that may be attributable in some
persons to the results of long-term inhalation and retention of some forms of asbestos fiber. He is
further expected to offer testimony concerning the effects of inhaled tobacco smoke and other
factors on the occurrence of disease populations.
Dr. Geyer is also expected to testify that it cannot be said, to a reasonable degree of
medical probability, that any hypothetical person’s alleged “exposure” to products that may have
contained asbestos was of importance to that individual, without reference to that specific
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person’s individual work history, medical history, findings on physical examination and
pathological examination of tissue, if any, information concerning the individual’s use of
protective equipment, specific types of asbestos-containing product(s) used and/or handled,
resolution of questions regarding exposures to substances other than asbestos-containing
products, and other known etiologies for whatever conditions are found to exist.
Dr. Geyer may testify as to the general medical aspects of the diagnosis and treatment of
asbestos-related disease and the pathological effect of asbestos on the lung. He may also testify
as to the relationship of asbestos exposure and the incidence of cancer.
Additionally, Dr. Geyer may testify concerning the diagnosis of Plaintiff. He may also
testify as to his findings and diagnosis after examination and analysis of tissue, slides, or other
pathologic materials, medical records, reports, radiographs, Plaintiff’s work and/or exposure
history, transcripts of witness testimony, reports of other experts, and any fiber burden analyses.
He may give testimony concerning his review of any report purported to be diagnostic of any
oncological condition and the methods of any procedures for conducting fiber counts. He may
give testimony regarding generally accepted methodology for attribution of mesothelioma based
on any fiber burden analyses. He may give testimony regarding malignancies associated with
asbestos exposure or cigarette abuse or other malignancies from which they must be
differentiated, the appropriate protocols for diagnosis of those conditions, prognosis, and
information relating to the known causes of those malignancies. He may testify concerning the
test and other literature relevant to any malignancy purported to be asbestos-related and any
other malignancy from which it must be distinguished, including data relevant to contentions of
increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and
considerations relating to medical monitoring. He may testify that Plaintiff or Plaintiff’s family
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members’ alleged exposure to products manufactured and/or supplied by Conopco did not
contribute to the causation of Plaintiff’s disease. His testimony may include discussion of any
relevant epidemiology, anatomy, and physiology.
Dr. Geyer may also testify as to his review of the medical and scientific literature,
documents, testimony, or other materials produced in these matters or entered into evidence. Dr.
Geyer may also testify regarding matters referred to by other Conopco experts in this litigation.
Dr. Geyer may also provide testimony in response to the opinions and testimony of other experts.
He may also testify about matters referred to in the designations of other experts
9. Dr. Bryan Bandli, Ph.D
RJ Lee Group, Inc.,
350 Hochberg Road,
Monroeville, Pennsylvania 15146
Dr. Bandli earned his B.S., M.S., and Ph.D. in Geology from the University of Idaho. He
currently works as Mineralogist & Microscopist for RJ Lee Group, Inc.
If called to testify at trial, Dr. Bandli may be asked to describe his background, education,
training, experience, publications, and presentations. Dr. Bandli may also testify about generally
accepted methodology for testing for the presence of asbestos, including the current generally
accepted techniques used for the identification, characterization, and quantification of asbestos, if
any, and the testing of products for asbestos. Dr. Bandli may also testify concerning the historical
development of the generally accepted techniques used for the identification, characterization,
and quantification of asbestos. Dr. Bandli may also testify regarding the FDA’s proposed
regulation and testing methodology of talc for the presence of asbestos, as well as other
governmental and industrial standards. Dr. Bandli may also testify concerning the state-of-the-art
methodology for testing talc for asbestos. Dr. Bandli may also testify regarding the level of
training and education for one of ordinary skill in the art of analytical microscopy and X-Ray
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Diffraction (“XRD”) during the relevant time period related to this lawsuit. Dr. Bandli may also
testify regarding the misidentification of “asbestos” in talc historically.
Dr. Bandli may also testify about generally accepted methodology for testing for the
presence of asbestos, including generally accepted techniques used for the identification,
characterization, and quantification of asbestos, if any, and the testing of products for asbestos.
Dr. Bandli may also testify regarding his testing of any products or samples tested by any
experts designated by Plaintiffs.
Dr. Bandli may also testify concerning generally accepted methods of testing talc for
asbestos and conclusions that may be reliably drawn from the results of such testing. Dr. Bandli
may testify regarding geologic talc ore testing. Dr. Bandli may also testify regarding his review
of the scientific literature, documents, testimony, or other materials produced in these matters or
entered into evidence. Dr. Bandli may also testify regarding matters referred to in the
designations of other Conopco experts in this litigation. Dr. Bandli may also provide testimony
in response to the opinions and testimony opinions offered, or testing performed, by Plaintiffs’
experts.
10. Dr. Brent D. Kerger, Ph.D., DABT
Exponent, Inc.
15615 Alton Parkway, Suite 350
Irvine, California 92618
Dr. Brent Kerger is a board-certified toxicologist with over 30 years of experience in
environmental chemistry, toxicology, human health risk assessment, and disease causation
analysis pertaining to asbestos, chemicals, drugs and radiation. Dr. Kerger has extensive
experience in evaluating scientific issues involving claims of chemical causation or increased
risk of diseases in humans. He has maintained his board certification in General Toxicology
from the American Board of Toxicology since 1994.
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Dr. Kerger may testify as to the state of scientific knowledge with respect to talc and
asbestos in the fields of toxicology, pathology, epidemiology, regulatory policy science,
exposure science, silicate mineral chemistry and crystalline structure, and analytical techniques
including microscopy defining asbestiform minerals and regulated asbestos, and generally as to
the evolution of knowledge regarding the health consequences of talc and asbestos exposure
during the period relevant to this case. Dr. Kerger may also testify as to the evolution of various
health-based standards for limiting workplace exposure to talc and asbestos, including the
ACGIH TLVs and OSHA PELs. Dr. Kerger may discuss the relationship between scientific
knowledge and the development of public policy and the standards relating to talc and asbestos
exposure, and government regulation of asbestos exposure. He may also testify about the
development of knowledge regarding the dose-response relationship between exposure to
asbestos and disease, fiber type, Plaintiff’s vocational exposures and other related matters.
The testimony to be offered at trial by Dr. Kerger may include the following: (1) The
evidence demonstrating an epidemiology-based dose threshold for cumulative chrysotile
exposure below which the weight of scientific evidence demonstrates no significantly increased
risk of malignant mesothelioma among automotive mechanics; (2) The weight of scientific
evidence regarding malignant mesothelioma causation by asbestos fiber type (amphibole versus
chrysotile), fiber size, and fiber composition/reactivity, and the associated differences in
pathological responses, toxicokinetics, and dose-response relationships as defined in animal
studies, clinical studies, and epidemiology studies; (3) The weight of evidence regarding
alternative (non-asbestos) risk factors for causation of malignant mesothelioma of various types
occurring in various body locations, and the clinical and pathological features of cancers that
may mimic asbestos-related mesothelioma; (4) Assessment of epidemiological trends in
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malignant mesothelioma in the United States demonstrating the peak of asbestos-related
mesothelioma occurring around 1992 and evidence for increasing prevalence of mesothelioma
related to greater longevity and non-asbestos risk factors like aging, genetics, and exposures to
ionizing radiation, erionite and vermiculite; (5) Evaluation of general causation of malignant
mesothelioma for individuals with comparable workplace exposures to asbestos to Plaintiff
related to the claimed exposure conditions (type/composition of relevant asbestos materials,
friability, fiber exposure concentrations during specific tasks, and the frequency, duration, fiber
type and other relevant factors); (6) Evaluation of specific causation of malignant mesothelioma
in Plaintiff related to the claimed exposure conditions and the specific clinical course, pathology,
personal/family medical history, and other factors that may provide insights on the probable
cause of Plaintiff’s tumor.
This disclosure is based on the information available to Dr. Kerger at this time. Should
additional information become available, he reserves the right to determine the impact (if any) of
the new information on his opinions and conclusions, and to revise his opinions and conclusions
if necessary. Further, Dr. Kerger may respond to opinions offered by any other experts and/or
fact witnesses relating to Plaintiff that pertain to his specialty or any other additional materials
provided.
11. Dr. Brooke Mossman, M.D., Ph.D.
University of Vermont College of Medicine - Department of Pathology
89 Beaumont Avenue, Courtyard S265
Burlington, Vermont 05405
Dr. Mossman is an expert in asbestos-induced diseases, particularly the field of fiber
carcinogenesis and the toxicity or carcinogenicity of certain amphibole particles. Dr. Mossman is
currently a Professor of Pathology, Professor Emeritus, and University Distinguished Scholar at
the University of Vermont, where she obtained her Ph.D. in cell biology in 1977. Dr. Mossman
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has been studying the roles of asbestos fibers in the induction of lung cancers, asbestosis, and
mesotheliomas for over 40 years. Dr. Mossman’s work serves as a foundation for significant
amounts of research on asbestos-related diseases. Dr. Mossman has elucidated the cell signaling
pathways that are implicated in the causation of mesothelioma by asbestos. She has performed
inhalation studies in rodents and studied the effects of asbestos and other minerals (serpentine
and amphibole cleavage fragments of asbestos minerals, asbestos fibers, and fibrous and
nonfibrous talcs) on rodent and human lung epithelial, ovarian epithelial, and mesothelial cells,
as well as organ cultures. Dr. Mossman has confirmed many of these observations in both human
mesothelioma tissues and in a model of peritoneal mesothelioma involving injection of human
mesothelioma cells into immunocompromised mice. Her fields of specialization include
environmental toxicology, mesothelial and epithelial cell differentiation, chemical and physical
carcinogenesis and cell injury, pulmonary fibrosis, oxygen free radicals, molecular biology of
antioxidant enzymes in lung, and cell signaling.
At the University of Vermont, Dr. Mossman has directed an Environmental Pathology
training grant from the National Institute of Environmental Health Sciences (“NIEHS”) (1995-
2013), served as Director of the University’s Environmental Pathology Program (1995-2013),
and is a former Chair of the Cell and Molecular Biology Program (1984-88). She has published
more than 300 refereed papers, books, book chapters, reviews, and monographs on her research
in the scientific literature, has chaired and presented her research at over 100 meetings and
seminars on mechanisms of asbestos- and silica-related diseases, has received numerous awards
for her research accomplishments, and has served on numerous advisory boards at other
Universities as well as scientific advisory boards and study sections of the National Heart, Lung
and Blood Institute (“NHLBI”), National Cancer Institute (“NCI”), American Cancer Society,
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NIEHS, and EPA. Dr. Mossman’s curriculum vitae, which highlights her background, education,
and professional experience and activities, will be provided upon request.
Dr. Mossman may testify concerning the following topics: (a) asbestos-induced
carcinogenesis; (b) environmental toxicology; (c) the anatomy of lungs and functioning of the
human respiratory system; (d) characteristics, nature, and properties, including toxicity of certain
asbestos fibers relevant to cancer development; (e) definitions of key terminology; (f) lack of
carcinogenicity of cleavage fragments; (g) ability of fibers and particles to enter the human body,
translocate to the pleura and peritoneum, and cause disease; (h) cosmetic talc as a not-significant
factor in mesothelioma development; and (i) contrasting cellular and animal effects of
commercial amphiboles, such as crocidolite, as compared to the effects of talc—including both
platy and fibrous talc particles and transitional particles—and amphibole cleavage
fragments. Dr. Mossman may also offer opinions on modern concepts of carcinogenesis,
including the mechanisms of tumor development resulting from asbestos exposure, the properties
of asbestos fibers associated with key activating pathways in the development of mesotheliomas,
the experimental studies showing that cleavage fragments, intergrowth fibers, and particles
similar in chemistry to asbestos and talc particles are non-reactive, and topics relevant to alleged
mesothelioma caused by exposure to cosmetic talcum powder.
12. Dr. Kenneth A. Mundt, M.S., Ph.D.
Cardno ChemRisk
231 Front Street, Suite 212
Brooklyn, NY 11201
Dr. Mundt is an epidemiologist. He received an M.S. in Epidemiology from the
University of Massachusetts in 1986 and a Ph.D. in Epidemiology from the University of North
Carolina at Chapel Hill 1990. Dr. Mundt has expertise in the areas of public health and
epidemiology, generally and as those areas relate to asbestos exposure and particularly exposure
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to asbestos-containing products. He may testify regarding the epidemiology of asbestos-related
diseases, and the relevant medical and scientific literature on these subjects.
In addition, Dr. Mundt may provide case-specific testimony regarding Plaintiff based
upon his review of the documents, records, testimony and other discovery. He may also testify
that, based on his review of such records and other information Plaintiff’s alleged asbestos-
related disease was not caused by exposure to products allegedly attributable to Conopco.
13. Dr. Michael A. Graham, M.D.
St. Louis University Medical Center
Department of Forensic Pathology
3556 Caroline Street
St. Louis, Missouri 63104
Dr. Michael A. Graham is a board-certified pathologist who may give testimony
concerning asbestos-related diseases and the effects of exposure to various asbestos-containing
products upon persons in occupational settings. He may further testify regarding the
epidemiology of asbestos-related diseases, the criteria for diagnosis of asbestos-related disease,
as well as the existence of a dose response relationship between exposure to asbestos and
asbestos-related diseases. He may also testify regarding asbestos-containing products generally,
including their asbestos fiber content, manufacture, use and their respective ability to cause or
contribute to disease. He may also testify regarding the determination of the relative risks of
suffering personal injury or death as a result of exposure to various asbestos-containing products
in various settings. He will explain the dose response relationship between exposure to asbestos
and asbestos-related disease for each type of disease alleged. Dr. Graham may provide an
opinion that the foreseeable use, installation, or removal of this defendant’s products during a
human life span cannot produce an appreciable risk, if any, of any asbestos-related disease and
cannot cause or contribute to any asbestos-related disease.
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He may also testify regarding the existence or non-existence of any alleged
asbestos-related disease in the Plaintiff, including but not limited to pleural changes, asbestosis,
lung cancer, mesothelioma, laryngeal cancer, esophageal cancer, and gastrointestinal cancer,
where applicable. He will also testify as to general medical issues regarding asbestos-related
diseases including, but not limited to, lung physiology, lung function, lung defense mechanisms
and the mechanisms by which asbestos fibers do or do not cause a particular disease. He may
also testify that background levels of asbestos fibers in human tissue do not represent disease and
background or ambient air exposure does not cause disease. He may further testify that any
asbestos-related disease allegedly suffered by Plaintiff was not proximately caused by exposure
from asbestos-containing products allegedly sold by this defendant.
Dr. Graham may also testify about potential increased risk of cancer issues and whether a
particular plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also
testify as to the health consequences of smoking
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 67 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------- X ARTHUR FRIEDMAN, Individually and as Administrator of the Estate of ILANA NYCAL FRIEDMAN, Index No.: 190283/2015 Plaintiff, -against- DEFENDANT CONOPCO, INC.’S AMENDED EXPERT WITNESS DISCLOSURE PURSUANT TO CPLR ABC SUPPLY COMPANY, INC., et al., 3101(D) Defendants. ----------------------------------------------------------- X PLEASE TAKE NOTICE that pursuant to CPLR § 3101(d) and the New York City Asbestos Litigation (NYCAL) Case Management Order, Defendant CONOPCO, INC. (hereinafter “Conopco” or “Defendant”), by its attorneys, Foley & Mansfield, PLLP, hereby serves the following Amended Expert Witness Disclosure: PRELIMINARY STATEMENT Conopco submits the following list of expert witnesses who may be called by Defendant to testify at the trial in the above-entitled matter, either live or by deposition. Conopco has not been provided with sufficient information to enable it to identify accurately and completely all of the expert witnesses it may present at trial. By submitting this list, Conopco does not waive any defenses that it may have. Conopco reserves its right to call, live, by deposition, or by other transcript, any of the expert witnesses listed below, as well as any of the expert witnesses listed by any other party in this action. 1 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 AMENDED EXPERT WITNESS LIST 1. Dr. John E. Bailey, Jr., Ph.D. EAS Consulting Group LLC 4910 N. 34th Street Arlington, Virginia 22207 Dr. John E. Bailey, Jr. is an expert on the United States Food and Drug Administration's ("FDA") regulation of consumer products, including cosmetics, and the consumer products industries. Dr. Bailey's experience with the regulation of consumer products and accompanying industries spans four decades, including over 30 years at the FDA, and nearly a decade at the Cosmetics, Toiletries and Fragrance Association ("CTFA"), now known as the Personal Care Products Council ("PCPC"). At present, Dr. Bailey is the Expert Advisor for Colors and Cosmetics at EAS Consulting Group, LLC. Dr. Bailey obtained his Ph.D. in Chemistry from George Washington University in 1982. He was previously Executive Vice President for Science, PCPC; Director of Cosmetic Chemistry at CTFA; Director of the Office of Applied Research and Safety Assessment, Office of Science HFS-6, Center for Food Safety and Applied Nutrition; Director of the Office of Cosmetics and Colors, HFS-100, Center for Food Safety and Applied Nutrition; Acting Director of the Division of Colors and Cosmetics, HFF-430, Center for Food Safety and Applied Nutrition; Program Manager, Cosmetics and Color Technology Program; Deputy Director of the Division of Colors and Cosmetics; FDA Project Manager: Internal Control Review of the Color Certification Program (October, 1989); Associate Director for Colors of the Division of Colors and Cosmetics; Chief of the Color Technology and Evaluation Branch, Division of Colors and Cosmetics; Senior Research Chemist, Color Technology and Evaluation Branch, Division of Color Technology; Chemist, Division of Color Technology; and Chemist, Division of Colors and 2 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 Cosmetics. If called to testify at trial, Dr. Bailey may be asked to describe his background, training, education, publications, presentations, and experience. Dr. Bailey may testify regarding the FDA's authority, policies, and procedures generally, including as they relate to the regulation of the cosmetics industry and of consumer products generally, and of talc and cosmetic talcum powder specifically, including Conopco products. Dr. Bailey may discuss the FDA's surveillance, industry monitoring, and risk assessment work regarding cosmetic talcum powder, as well as the import behind those activities. Dr. Bailey may also testify about the FDA's classification of various substances in terms of those substances' safety with respect to consumers, as well as the methods the FDA uses to make such classifications. Dr. Bailey may discuss the FDA's powers and protocols for regulations, its proposed regulations for talc in the 1970s, and the decision to withdraw that draft regulation and subsequent endorsement of an industry-developed standard for assessing the presence of asbestos in talc, a method originally proposed by the CTFA/PCPC. Dr. Bailey may testify about the role of the CTFA/PCPC in the cosmetics industry, including with respect to the setting of industry standards. Dr. Bailey may also testify about the FDA's regulatory actions, responses to citizen's petitions, and official actions regarding cosmetic talc, as well as the information, policies, protocols, and meaning behind the FDA's actions. Dr. Bailey may further testify regarding the work that has gone into the FDA's consistent conclusion that talc was never a public health concern warranting action by the FDA, including the FDA's testing and review of relevant research. Dr. Bailey may also provide testimony in response to the opinions and testimony of Plaintiff's experts. Dr. Bailey's curriculum vitae, which highlights his background, education, and professional experience and activities, will be provided upon request prior to trial. 3 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 2. Dr. David Weill, M.D. Weill Consulting Group 533 Audubon Street New Orleans, Louisiana 70118 Dr. Weill is a former physician, surgeon, Associate Professor and Director of the Lung and Heart transplant program at Stanford University Hospital and Clinics in Palo Alto, California. Dr. Weill will testify concerning the medical condition of Plaintiff and may testify regarding the cause of Plaintiff's disease. He will further testify concerning the pulmonary aspects of asbestos exposure, including matters such as dose response, pathogenicity, carcinogenicity, and the potential for asbestos-related disease as a result of exposures to the different types of fibers and different levels of exposure to asbestos fibers. Dr. Weill may also testify as to the role of radiology in the diagnosis of asbestos -related diseases, the Decedent's medical conditions based on his review of the medical records, work history, and other diagnostic studies, the extent of medical and scientific knowledge regarding any association between lung cancer and asbestos exposure including his own clinical research in this area. Dr. Weill may also testify as to the general medical issues related to the above- referenced specialties and general anatomy and physiology of the pulmonary system, i.e. the mechanics of breathing, to organs and structures that play a role in pulmonary physiology, the lung's defense mechanisms, the tests that are typically employed to determine the type and presence of abnormalities in the lung, including abnormalities in the mechanics of breathing as well as the presence of disease within the lung itself (pulmonary f unction testing), and the patterns of lung abnormality that are characteristically seen with various types of lung changes. He may also testify concerning the health effects of exposure to asbestos and/or talc, including the alleged occupational exposure — as described by 4 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 Plaintiffs' witnesses — and whether such exposure could be considered a substantial contributing factor to Plaintiff's respective alleged disease. Dr. Weill may also discuss the risks associated with exposures to different types of asbestos fibers and whether such exposures were a substantial contributing factor to Decedent's alleged disease and the fiber burden results in this case, if any. Dr. Weill may also testify regarding spontaneous mesothelioma. Dr. Weill may also testify as to the principles of epidemiology, including what is involved in an epidemiological study, that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations, the information necessary to determine the risks for a group of people or persons contracting an asbestos- related disease, and if it is scientifically possible to attribute a disease to a particular exposure, and epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. Dr. Weill may also testify as to the medical state of the art, including the risks generally appreciated and understood by the medical community as a result of exposure to asbestos-containing products, and whether it was understood that such exposures presented a risk of harm to individuals such as the plaintiff. Dr. Weill may also testify as to the diagnosis of disease in this case, whether the diagnosis is correct, and whether the disease can be causally related to exposure to asbestos. Dr. Weill’s curriculum vitae will be made available upon request prior to trial. If called to testify, Dr. Weill will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the testimony described above, including his expert opinions and bases therefore. 5 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 3. Dana Hollins, MPH, CIH Cardno ChemRisk 235 Pine Street, Suite 2300 San Francisco, California 94104 Ms. Hollins is a Certified Industrial Hygienist with 10 years of experience in human health exposure and risk assessment and workplace health and safety. She may testify concerning the following subjects: Conopco never used asbestos as an ingredient in any personal care products; Conopco took steps to ensure that the cosmetic-grade talc that it was going to use in its products was free of asbestos; and no workers who manufactured any personal care product claimed that he or she contracted an asbestos-related disease resulting from its manufacture. Ms. Hollins may testify concerning occupational exposure limits, including the American Conference of Governmental Industrial Hygienists, (“ACGIH”), and Threshold Limit Values, (“TLV”). Ms. Hollins may testify concerning the EPA’s asbestos regulations for schools, known as the Asbestos Hazard Emergency Response Act (“AHERA”). Ms. Hollins may also testify concerning the evaluations of ambient airborne levels of asbestos in our living environments, separate from the workplace. Ms. Hollins may testify as to the state of the art and rely upon her experience with and knowledge of asbestos-containing building products and her familiarity with articles, literature, publications, government regulations, EPA and state guidance documents and industrial hygiene literature and practices concerning and/or applicable to asbestos-containing, products. She may also testify as to historical concentrations of asbestos in the ambient air and/or in urban environments in the United States and elsewhere and any associated risks or health hazards presented by those concentrations or living in those environments. Ms. Hollins may also offer opinions on the literature, studies, data and opinions relied upon by Plaintiff’s experts. Ms. Hollins may also testify concerning the following: the presence or absence of risks posed by products in connection with different types of activities; industrial hygiene and 6 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 industrial hygiene practice and principles; the available literature and studies relating to installation and removal of asbestos-containing products; and the state of thinking and knowledge within the industrial hygiene community regarding the risks posed by products formulated to contain asbestos. Ms. Hollins may testify regarding alleged occupational exposures of Plaintiff and whether such exposures created significant risk of asbestos-related disease. 4. Dr. Stanley Fiel, M.D. Atlantic Health Morristown Memorial Hospital 100 Madison Avenue Morristown, New Jersey 07962 Dr. Fiel is a pulmonologist who maintains an office at Morristown Medical Center in New Jersey. Dr. Fiel may testify regarding asbestos-related diseases and the effects of asbestos exposure in industrial settings, as well as the characteristics, symptoms and means of diagnosis of various asbestos-related diseases, and the relationship between levels of asbestos exposure and asbestos-related disease. He may also testify regarding the existence or non-existence of the asbestos-related disease alleged by plaintiff. Dr. Fiel is expected to offer testimony concerning asbestos-related diseases and the effects of exposure to various asbestos-containing products in persons in occupational settings. He will further testify regarding the clinical medicine, epidemiology, and radiology of asbestos-related diseases, the criteria for diagnosis of asbestos- related diseases, as well as the existence of a dose-response relationship between exposure to asbestos and asbestos-related diseases. He may further testify regarding the propensity of various asbestos fiber types to contribute to mesothelioma and other asbestos-related diseases such as asbestosis, pleural plaques, and pleural thickening, and the determination of the risks of suffering personal injury and/or death as a result of exposure to various asbestos-containing products in occupational settings. 7 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 Dr. Fiel may also testify regarding the existence or non-existence of any asbestos-related disease with respect to Plaintiff including but not limited to pleural changes, asbestosis and/or mesothelioma. He may also testify regarding lung physiology, lung function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular disease. Dr. Fiel may also testify regarding the levels of asbestos fibers in human tissue that do not represent disease and background or ambient air exposure which do not relate to producing asbestos-related diseases. Dr. Fiel's testimony will be based upon his training, professional experience, education, publications, review of the medical, governmental, and scientific literature, review of air- sampling studies, as well his review of Plaintiff's medical records, doctors' reports, responses to interrogatories, deposition testimony, and the testimony offered by any other witnesses called on behalf of the plaintiffs. He may also comment on any other evidence made part of the record at trial. 5. Dr. Robert M. Ross, M.D., F.C.C.P. 17030 Nanes Drive, Suite 214 Houston, Texas 77090 Dr. Ross is a pulmonary specialist and certified B-reader. He may offer expert testimony regarding any and all medical issues in this matter. Dr. Ross may testify about the causes of pulmonological disorders, including cancer, and the meaning of various types of radiological findings in Plaintiff and/or generally. Dr. Ross may also testify about the attribution of causation, including general medical, epidemiological, radiological, and pulmonological issues pertinent to Plaintiff’s condition, and any examination of the medical records, films, or other materials. Dr. Ross may testify about methods of diagnosis and characteristics of disease, including asbestos- related disease. Dr. Ross may testify about the role of cigarette smoking as a carcinogen, Dr. 8 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 Ross may also testify about genetic predispositions and other risk factors for cancer or pulmonary disease. Dr. Ross may also testify as to other matters raised by experts called by Plaintiff or any co-defendants, or as to any other matters in which Dr. Ross may be so qualified to testify. Dr. Ross’s curriculum vitae, which highlights his background, education, and professional experience and activities will be provided upon request prior to trial. 6. Heather H. Xitco, MBA, CPA, CFF Dolan Xitco Consulting Group 501 West Broadway, Suite 710 San Diego, California 92101 Heather Xitco, MBA, CPA, CFF, is an economist who will evaluate information related to Plaintiff’s claims of economic loss. Her testimony may include causation analysis relating to Plaintiff’s alleged economic damage and losses, including but not limited to computation of damages as alleged by Plaintiff. Ms. Xitco may also testify as to any other matters raised by experts called by Plaintiff or any co-defendants, or as to any other matters in which Ms. Xitco may be so qualified to testify. Ms. Xitco’s curriculum vitae, which highlights her background, education, and professional experience and activities is available upon request. 7. Laura Fuchs Dolan, MBA Dolan Xitco Consulting Group 501 West Broadway, Suite 710 San Diego, California 92101 Laura Fuchs Dolan, MBA, is an economist who will evaluate information related to Plaintiff’s claims of economic loss. Her testimony may include causation analysis relating to Plaintiff’s alleged economic damage and losses, including but not limited to computation of damages as alleged by Plaintiff. Ms. Dolan may also testify as to any other matters raised by experts called by Plaintiff or any co-defendants, or as to any other matters in which Ms. Dolan 9 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 may be so qualified to testify. Ms. Dolan’s curriculum vitae, which highlights her background, education, and professional experience and activities is available upon request. 8. Dr. Stanley J. Geyer, M.D. Geyer Pathology Services LLC 3 Willow Farms Lane Pittsburgh, Pennsylvania 15238 Dr. Stanley Geyer is a specialist in pathology. He earned his medical degree from Jefferson Medical College in 1974. He has held a number of academic appointments since graduation from medical school. If called to testify at trial, Dr. Geyer may testify about his background, education, publications, and experience. Dr. Geyer may testify regarding the role and function of a pathologist in the diagnosis of disease as well as the various techniques utilized by pathologists in the diagnosis of disease. Dr. Geyer may also provide testimony concerning his clinical experience as a physician, research in the field, Plaintiff’s medical record(s), Plaintiff’s exposure history, the diagnosis of mesothelioma, relation of the diagnosis and symptoms to exposure to asbestos, and diagnostic procedures and treatments provided to Plaintiff. Dr. Geyer may testify about objective indicia of elevated asbestos exposure and may testify that not all cases of mesothelioma can be attributed to asbestos. Dr. Geyer may also provide testimony regarding the causal relationship between asbestos exposure and diseases of latency related thereto; exposure levels of asbestos; exposure levels to asbestos that may cause disease; the non-hazardous nature of talc; consumer use of talcum powder, Conopco talcum powder, and baby powder; risk of cancer faced by asbestos exposed workers; the epidemiological link between asbestos and cancer; the absence of an epidemiological link between talc and cancer; and the scientific literature concerning mesothelioma and asbestos. Dr. Geyer may testify regarding the level of pathological evidence needed to establish a 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 causal link for an asbestos-related disease, such as pleural or peritoneal mesothelioma. Dr. Geyer may testify about the proper diagnosis of Plaintiff’s disease, and when the disease first manifested. Dr. Geyer’s testimony will generally respond to the pathologic, scientific, and epidemiologic testimony, which may be offered by Plaintiffs’ experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. Dr. Geyer is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. He is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body’s specific responses to fibers of asbestos that are inhaled, whether or not they are retained. Dr. Geyer is also expected to define and distinguish various conditions, such as asbestosis, pleural changes, and other non-malignant changes that may be attributable in some persons to the results of long-term inhalation and retention of some forms of asbestos fiber. He is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease populations. Dr. Geyer is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person’s alleged “exposure” to products that may have contained asbestos was of importance to that individual, without reference to that specific 11 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 person’s individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual’s use of protective equipment, specific types of asbestos-containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. Dr. Geyer may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological effect of asbestos on the lung. He may also testify as to the relationship of asbestos exposure and the incidence of cancer. Additionally, Dr. Geyer may testify concerning the diagnosis of Plaintiff. He may also testify as to his findings and diagnosis after examination and analysis of tissue, slides, or other pathologic materials, medical records, reports, radiographs, Plaintiff’s work and/or exposure history, transcripts of witness testimony, reports of other experts, and any fiber burden analyses. He may give testimony concerning his review of any report purported to be diagnostic of any oncological condition and the methods of any procedures for conducting fiber counts. He may give testimony regarding generally accepted methodology for attribution of mesothelioma based on any fiber burden analyses. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse or other malignancies from which they must be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis, and information relating to the known causes of those malignancies. He may testify concerning the test and other literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contentions of increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations relating to medical monitoring. He may testify that Plaintiff or Plaintiff’s family 12 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 members’ alleged exposure to products manufactured and/or supplied by Conopco did not contribute to the causation of Plaintiff’s disease. His testimony may include discussion of any relevant epidemiology, anatomy, and physiology. Dr. Geyer may also testify as to his review of the medical and scientific literature, documents, testimony, or other materials produced in these matters or entered into evidence. Dr. Geyer may also testify regarding matters referred to by other Conopco experts in this litigation. Dr. Geyer may also provide testimony in response to the opinions and testimony of other experts. He may also testify about matters referred to in the designations of other experts 9. Dr. Bryan Bandli, Ph.D RJ Lee Group, Inc., 350 Hochberg Road, Monroeville, Pennsylvania 15146 Dr. Bandli earned his B.S., M.S., and Ph.D. in Geology from the University of Idaho. He currently works as Mineralogist & Microscopist for RJ Lee Group, Inc. If called to testify at trial, Dr. Bandli may be asked to describe his background, education, training, experience, publications, and presentations. Dr. Bandli may also testify about generally accepted methodology for testing for the presence of asbestos, including the current generally accepted techniques used for the identification, characterization, and quantification of asbestos, if any, and the testing of products for asbestos. Dr. Bandli may also testify concerning the historical development of the generally accepted techniques used for the identification, characterization, and quantification of asbestos. Dr. Bandli may also testify regarding the FDA’s proposed regulation and testing methodology of talc for the presence of asbestos, as well as other governmental and industrial standards. Dr. Bandli may also testify concerning the state-of-the-art methodology for testing talc for asbestos. Dr. Bandli may also testify regarding the level of training and education for one of ordinary skill in the art of analytical microscopy and X-Ray 13 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 Diffraction (“XRD”) during the relevant time period related to this lawsuit. Dr. Bandli may also testify regarding the misidentification of “asbestos” in talc historically. Dr. Bandli may also testify about generally accepted methodology for testing for the presence of asbestos, including generally accepted techniques used for the identification, characterization, and quantification of asbestos, if any, and the testing of products for asbestos. Dr. Bandli may also testify regarding his testing of any products or samples tested by any experts designated by Plaintiffs. Dr. Bandli may also testify concerning generally accepted methods of testing talc for asbestos and conclusions that may be reliably drawn from the results of such testing. Dr. Bandli may testify regarding geologic talc ore testing. Dr. Bandli may also testify regarding his review of the scientific literature, documents, testimony, or other materials produced in these matters or entered into evidence. Dr. Bandli may also testify regarding matters referred to in the designations of other Conopco experts in this litigation. Dr. Bandli may also provide testimony in response to the opinions and testimony opinions offered, or testing performed, by Plaintiffs’ experts. 10. Dr. Brent D. Kerger, Ph.D., DABT Exponent, Inc. 15615 Alton Parkway, Suite 350 Irvine, California 92618 Dr. Brent Kerger is a board-certified toxicologist with over 30 years of experience in environmental chemistry, toxicology, human health risk assessment, and disease causation analysis pertaining to asbestos, chemicals, drugs and radiation. Dr. Kerger has extensive experience in evaluating scientific issues involving claims of chemical causation or increased risk of diseases in humans. He has maintained his board certification in General Toxicology from the American Board of Toxicology since 1994. 14 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 Dr. Kerger may testify as to the state of scientific knowledge with respect to talc and asbestos in the fields of toxicology, pathology, epidemiology, regulatory policy science, exposure science, silicate mineral chemistry and crystalline structure, and analytical techniques including microscopy defining asbestiform minerals and regulated asbestos, and generally as to the evolution of knowledge regarding the health consequences of talc and asbestos exposure during the period relevant to this case. Dr. Kerger may also testify as to the evolution of various health-based standards for limiting workplace exposure to talc and asbestos, including the ACGIH TLVs and OSHA PELs. Dr. Kerger may discuss the relationship between scientific knowledge and the development of public policy and the standards relating to talc and asbestos exposure, and government regulation of asbestos exposure. He may also testify about the development of knowledge regarding the dose-response relationship between exposure to asbestos and disease, fiber type, Plaintiff’s vocational exposures and other related matters. The testimony to be offered at trial by Dr. Kerger may include the following: (1) The evidence demonstrating an epidemiology-based dose threshold for cumulative chrysotile exposure below which the weight of scientific evidence demonstrates no significantly increased risk of malignant mesothelioma among automotive mechanics; (2) The weight of scientific evidence regarding malignant mesothelioma causation by asbestos fiber type (amphibole versus chrysotile), fiber size, and fiber composition/reactivity, and the associated differences in pathological responses, toxicokinetics, and dose-response relationships as defined in animal studies, clinical studies, and epidemiology studies; (3) The weight of evidence regarding alternative (non-asbestos) risk factors for causation of malignant mesothelioma of various types occurring in various body locations, and the clinical and pathological features of cancers that may mimic asbestos-related mesothelioma; (4) Assessment of epidemiological trends in 15 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 malignant mesothelioma in the United States demonstrating the peak of asbestos-related mesothelioma occurring around 1992 and evidence for increasing prevalence of mesothelioma related to greater longevity and non-asbestos risk factors like aging, genetics, and exposures to ionizing radiation, erionite and vermiculite; (5) Evaluation of general causation of malignant mesothelioma for individuals with comparable workplace exposures to asbestos to Plaintiff related to the claimed exposure conditions (type/composition of relevant asbestos materials, friability, fiber exposure concentrations during specific tasks, and the frequency, duration, fiber type and other relevant factors); (6) Evaluation of specific causation of malignant mesothelioma in Plaintiff related to the claimed exposure conditions and the specific clinical course, pathology, personal/family medical history, and other factors that may provide insights on the probable cause of Plaintiff’s tumor. This disclosure is based on the information available to Dr. Kerger at this time. Should additional information become available, he reserves the right to determine the impact (if any) of the new information on his opinions and conclusions, and to revise his opinions and conclusions if necessary. Further, Dr. Kerger may respond to opinions offered by any other experts and/or fact witnesses relating to Plaintiff that pertain to his specialty or any other additional materials provided. 11. Dr. Brooke Mossman, M.D., Ph.D. University of Vermont College of Medicine - Department of Pathology 89 Beaumont Avenue, Courtyard S265 Burlington, Vermont 05405 Dr. Mossman is an expert in asbestos-induced diseases, particularly the field of fiber carcinogenesis and the toxicity or carcinogenicity of certain amphibole particles. Dr. Mossman is currently a Professor of Pathology, Professor Emeritus, and University Distinguished Scholar at the University of Vermont, where she obtained her Ph.D. in cell biology in 1977. Dr. Mossman 16 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 has been studying the roles of asbestos fibers in the induction of lung cancers, asbestosis, and mesotheliomas for over 40 years. Dr. Mossman’s work serves as a foundation for significant amounts of research on asbestos-related diseases. Dr. Mossman has elucidated the cell signaling pathways that are implicated in the causation of mesothelioma by asbestos. She has performed inhalation studies in rodents and studied the effects of asbestos and other minerals (serpentine and amphibole cleavage fragments of asbestos minerals, asbestos fibers, and fibrous and nonfibrous talcs) on rodent and human lung epithelial, ovarian epithelial, and mesothelial cells, as well as organ cultures. Dr. Mossman has confirmed many of these observations in both human mesothelioma tissues and in a model of peritoneal mesothelioma involving injection of human mesothelioma cells into immunocompromised mice. Her fields of specialization include environmental toxicology, mesothelial and epithelial cell differentiation, chemical and physical carcinogenesis and cell injury, pulmonary fibrosis, oxygen free radicals, molecular biology of antioxidant enzymes in lung, and cell signaling. At the University of Vermont, Dr. Mossman has directed an Environmental Pathology training grant from the National Institute of Environmental Health Sciences (“NIEHS”) (1995- 2013), served as Director of the University’s Environmental Pathology Program (1995-2013), and is a former Chair of the Cell and Molecular Biology Program (1984-88). She has published more than 300 refereed papers, books, book chapters, reviews, and monographs on her research in the scientific literature, has chaired and presented her research at over 100 meetings and seminars on mechanisms of asbestos- and silica-related diseases, has received numerous awards for her research accomplishments, and has served on numerous advisory boards at other Universities as well as scientific advisory boards and study sections of the National Heart, Lung and Blood Institute (“NHLBI”), National Cancer Institute (“NCI”), American Cancer Society, 17 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 NIEHS, and EPA. Dr. Mossman’s curriculum vitae, which highlights her background, education, and professional experience and activities, will be provided upon request. Dr. Mossman may testify concerning the following topics: (a) asbestos-induced carcinogenesis; (b) environmental toxicology; (c) the anatomy of lungs and functioning of the human respiratory system; (d) characteristics, nature, and properties, including toxicity of certain asbestos fibers relevant to cancer development; (e) definitions of key terminology; (f) lack of carcinogenicity of cleavage fragments; (g) ability of fibers and particles to enter the human body, translocate to the pleura and peritoneum, and cause disease; (h) cosmetic talc as a not-significant factor in mesothelioma development; and (i) contrasting cellular and animal effects of commercial amphiboles, such as crocidolite, as compared to the effects of talc—including both platy and fibrous talc particles and transitional particles—and amphibole cleavage fragments. Dr. Mossman may also offer opinions on modern concepts of carcinogenesis, including the mechanisms of tumor development resulting from asbestos exposure, the properties of asbestos fibers associated with key activating pathways in the development of mesotheliomas, the experimental studies showing that cleavage fragments, intergrowth fibers, and particles similar in chemistry to asbestos and talc particles are non-reactive, and topics relevant to alleged mesothelioma caused by exposure to cosmetic talcum powder. 12. Dr. Kenneth A. Mundt, M.S., Ph.D. Cardno ChemRisk 231 Front Street, Suite 212 Brooklyn, NY 11201 Dr. Mundt is an epidemiologist. He received an M.S. in Epidemiology from the University of Massachusetts in 1986 and a Ph.D. in Epidemiology from the University of North Carolina at Chapel Hill 1990. Dr. Mundt has expertise in the areas of public health and epidemiology, generally and as those areas relate to asbestos exposure and particularly exposure 18 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 to asbestos-containing products. He may testify regarding the epidemiology of asbestos-related diseases, and the relevant medical and scientific literature on these subjects. In addition, Dr. Mundt may provide case-specific testimony regarding Plaintiff based upon his review of the documents, records, testimony and other discovery. He may also testify that, based on his review of such records and other information Plaintiff’s alleged asbestos- related disease was not caused by exposure to products allegedly attributable to Conopco. 13. Dr. Michael A. Graham, M.D. St. Louis University Medical Center Department of Forensic Pathology 3556 Caroline Street St. Louis, Missouri 63104 Dr. Michael A. Graham is a board-certified pathologist who may give testimony concerning asbestos-related diseases and the effects of exposure to various asbestos-containing products upon persons in occupational settings. He may further testify regarding the epidemiology of asbestos-related diseases, the criteria for diagnosis of asbestos-related disease, as well as the existence of a dose response relationship between exposure to asbestos and asbestos-related diseases. He may also testify regarding asbestos-containing products generally, including their asbestos fiber content, manufacture, use and their respective ability to cause or contribute to disease. He may also testify regarding the determination of the relative risks of suffering personal injury or death as a result of exposure to various asbestos-containing products in various settings. He will explain the dose response relationship between exposure to asbestos and asbestos-related disease for each type of disease alleged. Dr. Graham may provide an opinion that the foreseeable use, installation, or removal of this defendant’s products during a human life span cannot produce an appreciable risk, if any, of any asbestos-related disease and cannot cause or contribute to any asbestos-related disease. 19 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 07/10/2023 He may also testify regarding the existence or non-existence of any alleged asbestos-related disease in the Plaintiff, including but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer, and gastrointestinal cancer, where applicable. He will also testify as to general medical issues regarding asbestos-related diseases including, but not limited to, lung physiology, lung function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do not cause a particular disease. He may also testify that background levels of asbestos fibers in human tissue do not represent disease and background or ambient air exposure does not cause disease. He may further testify that any asbestos-related disease allegedly suffered by Plaintiff was not proximately caused by exposure from asbestos-containing products allegedly sold by this defendant. Dr. Graham may also testify about potential increased risk of cancer issues and whether a particular plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify as to the health consequences of smoking