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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 84
FILED: NEW YORK COUNTY CLERK 07/10/2023
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AM INDEX NO. 190002/2023
782000/2017
NYSCEF DOC. NO. 169
3222 RECEIVED NYSCEF: 07/10/2023
04/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
ALL COUNTIES WITHIN NEW YORK CITY
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IN RE: NEW YORK CITY ASBESTOS LITIGATION
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This Document Relates To: EXPERT WITNESS LIST
All April 2022 IETC Cases
in which Kolmar Laboratories, Inc. is a named as a
defendant.
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General Disclosures/Preliminary Statement
1. At such time, if any, that the plaintiffs offer evidence of the plaintiffs'/decedents'
exposure to any asbestos-containing product allegedly manufactured, sold, used, or distributed by
Kolmar Laboratories, Inc. ("Kolmar"), Kolmar will determine whether any experts will be required
and will supplement this expert witness disclosure since at the present time, it is impossible to
determine which witnesses might have relevant information. Subject to the above, Kolmar
reserves the right to supplement with additional witnesses upon deposing plaintiffs' expert
witnesses and completion of further discovery, with respect to cases involving exposure to asbestos
that plaintiffs associate with Kolmar. Kolmar designates the following witnesses who have agreed,
if called, to testify at the trial of this matter(s) and will be sufficiently familiar with the pending
action to submit to a meaningful oral deposition concerning their opinion(s) to be offered at trial.
Otherwise, Kolmar reserves the right to add or delete experts from the list provided below:
(a) All expert witnesses or persons with knowledge and designated by
plaintiffs, to the extent not legally objectionable to Kolmar;
(b) All expert witnesses deposed in this litigation;
(c) All expert witnesses listed by any defendant or other party whose testimony
is not inconsistent with this defendant's defense of this matter, including but not limited to
opinion witnesses disclosed by any defense counsel in this case in the areas of pathology,
radiology, general medicine, economics, epidemiology, industrial hygiene, and state-of-
the-art. This defendant has not had the opportunity to attend any deposition of the
witnesses designated by any other party defendants in this lawsuit(s) but expressly reserves
the right to adopt the deposition testimony of some or all of those witnesses disclosed by
other party defendants. In the event any such testimony will be used by this defendant at
trial, said testimony will be consistent with the deposition testimony and/or reports
provided by other parties;
(d) Any or all of plaintiffs'/decedents' treating physicians and/or other medical
personnel; this defendant may call any or all of the treating doctors previously deposed in
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this lawsuit(s) on the issues of plaintiffs'/decedents' diagnoses, the care and treatment of
plaintiffs/decedents and/or the tests which were performed on plaintiffs/decedents and/or
the physicians' interpretations thereof, to the extent not legally objectionable by Kolmar;
(e) Kolmar reserves the right to call to testify any physician retained by any
party to review plaintiffs'/decedents' medical data, to the extent not legally objectionable
to Kolmar;
(f) Kolmar reserves the right to call to testify any expert, medical doctor, or
otherwise, retained by any party, who had in any way treated or examined
plaintiffs/decedents, reviewed plaintiffs'/decedents' medical data, undertaken any
diagnostic procedures relating to plaintiff or any physician who performed any independent
medical examination and/or B-reading of any record of plaintiffs/decedents to the extent
not legally objectionable to Kolmar;
(g) Kolmar reserves the right to call to testify any health care provider,
including but not limited to medical doctors, who provided care and/or treatment to
plaintiffs/decedents, reviewed plaintiffs'/decedents' medical data, or has undertaken any
diagnostic procedures relating to plaintiffs/decedents and to elicit from them any opinions
that they may have of an expert nature, to the extent not legally objectionable to Kolmar;
(h) Kolmar reserves the right to call to testify any custodian of any medical
records pertaining to the plaintiffs/decedents to the extent that opinion testimony by such
custodian is needed for proper authentication of records, to the extent not legally
objectionable to Kolmar;
(i) Kolmar reserves the right to call to testify any fact witnesses disclosed either
by this party or another, whether plaintiff or defendant, who may, as a result of their
background or observations, have beliefs or opinions which may be of an expert nature and
which may be relevant to issues in this case, to the extent not legally objectionable to
Kolmar;
(j) To the extent that any other party tenders an expert witness for deposition
or tenders testimony of an expert by way of previous testimony in a deposition, and to the
extent said testimony is otherwise admissible, and to the extent that experts of said parties
assert defenses not inconsistent with defenses asserted by this defendant, this defendant by
adopt those individuals as experts being tendered on behalf of Kolmar;
(k) Any of the persons disclosed herein may also testify regarding the existence
or non-existence of any asbestos-related disease in the plaintiffs/decedents, as well as the
presence of any other disease process, or condition within the plaintiffs/decedents;
asbestos-related diseases and the effects of exposure to asbestos upon a person or persons
in general, including the epidemiology of asbestos-related diseases; the medical records
and/or examination of the plaintiffs/decedents; review and interpretation of x-ray films;
review and interpretation of pulmonary function testing; review and interpretation of past
medical histories; and other diseases or conditions present in the plaintiffs/decedents and/or
the interpretation of related matters; and
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(l) Since depositions of experts disclosed by plaintiffs have not been taken,
Kolmar reserves the right to supplement and amend this listed designation of expert opinion
witnesses. To the extent that plaintiffs develop information which subsequently establishes
facts which may give support to plaintiffs' claims or develop expert testimony not
previously disclosed, Kolmar reserves the right to provide additional designations of
appropriate individuals, who may by reason of their background, training, or experience
either have expertise or may be asked on behalf of Kolmar to render or state their opinions
in the course of this litigation. Kolmar also reserves the right to withdraw any witnesses
designated herein.
2. Kolmar disclaims any duty to call any of the expert witnesses at trial by virtue of
identifying them in this disclosure.
3. Kolmar reserves the right to call any expert witness listed by any party, either live
or by deposition or previous trial testimony, who may have been called to testify in this case for
the purpose of impeachment, rebuttal, or any other purpose the law allows for.
Specific Expert Witness Disclosures
The following expert witnesses may be called upon to testify on behalf of Kolmar at the
trial of the above referenced matters.
The below-listed experts are expected to offer testimony regarding one or more of the
following topics:
1. The symptoms associated with asbestosis, the disease process and diagnosis of
asbestosis and other cancers of the respiratory system;
2. The anatomy and function of the respiratory system including the systems of the
body which expel inhaled dust particles, and the diagnosis and treatment of diseases that affect
these systems;
3. The effect of smoking and the use of other tobacco products on the respiratory
system and other systems of the body;
4. The effect of exposure to substances other than asbestos and the development of
diseases of the lungs, respiratory system and other systems of the body;
5. The method of diagnosing various diseases including, but not limited to, the method
of diagnosing asbestos-related diseases and non-asbestos-related diseases and the criteria for
distinguishing asbestos-related diseases from non-asbestos-related diseases;
6. Analysis of the incidence of lung cancer among individuals with asbestosis, persons
allegedly exposed to asbestos but who have not been diagnosed with asbestosis, persons working
in an industrial setting but not exposed to asbestos, and among the general population;
7. The relationship between cigarette smoking and lung cancer;
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8. The effect of asbestosis, asbestos exposure and other asbestos-related diseases on
life expectancy;
9. The absence of a relationship between pleural plaques and the development of
cancer;
10. The history and evolution of knowledge regarding asbestos-related diseases among
members of the medical and scientific communities;
11. The history and evolution of knowledge regarding asbestos-related diseases among
manufacturers, trade organizations, and members of the general public;
12. The use of asbestos aboard vessels operated by the United States Navy, United
States Coast Guard, Merchant Marine and private ship owners including but not limited to the use
of qualified products lists by these entities;
13. The characteristics of various asbestos fiber types, the difference in their
composition, durability and size and their propensity or lack of propensity for causing
mesothelioma, lung cancer, asbestosis, cancer, respiratory diseases or other diseases; and
14. The history and evolution of regulations promulgated by OSHA, the EPA and other
governmental and non-governmental entities regarding the use of asbestos.
Amanda Burns, MSPH, DABT
Ms. Burns is a board certified toxicologist and maintains an office at Cardno Chemrisk,
231 Front Street Suite 212. Brooklyn, NY 11201. A copy of her curriculum vitae is annexed hereto
as Exhibit "A."
Ms. Burns may offer testimony regarding the release of asbestos fibers, if any, from
asbestos containing materials used in industrial, para-occupational, and consumer settings. Ms.
Burns will offer the opinion that plaintiff(s) contact, if any, with any cosmetic talc products
manufactured on a contract basis by Kolmar for one or more of the defendants in this case and/or
entities not party to this case did not raise her risk of developing mesothelioma. Ms. Burns may
testify generally regarding air quality with respect to threshold limits and acceptable levels of
asbestos exposure pursuant to guidelines set forth by private and governmental agencies during
the time periods in which Plaintiff(s) claims exposure to cosmetic talc products.
Ms. Burns may testify regarding any and all issues within her fields of expertise with
respect to asbestos-containing products and/or cosmetic talc products. Further, she may respond
to opinions offered by any other experts and/or fact witnesses relating to Plainitff(s) that pertain to
her specialty or any other additional materials provided. She may also provide testimony
consistent with the disclosure of any other expert disclosed by Kolmar or any other party to this
case, or any evidence introduced into the record at trial.
Ms. Burns' testimony and opinions will be based on her background, training, education
and experience in the areas of environmental and occupational epidemiology, exposure
assessment, industrial hygiene, and human health risk assessment, and her understanding of and
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experience with various asbestos-containing products and/or cosmetic talc products. Ms. Burns'
testimony will further be based on her review of relevant medical, governmental, industrial
hygiene, and scientific literature, and various air sampling studies relating to the use of and/or
exposure to asbestos-containing products and/or cosmetic talc products. Her testimony will further
be based on her interpretation of records relating to Plaintiff’s alleged asbestos exposure in
connection with allegedly asbestos-containing cosmetic talc products, including but not limited to,
plaintiffs' interrogatory responses, the deposition testimony offered by all fact witnesses in this
case, and all materials directly or indirectly. She may also provide testimony consistent with the
disclosure of any other expert disclosed by Kolmar or any other party to this case, may rebut the
testimony of any expert witnesses called by plaintiffs in this case (specifically including any expert
who attempt to quantify plaintiff's alleged exposure to asbestos in connection with her claimed
exposure to cosmetic talc products), and may comment upon any evidence introduced into the
record at trial.
Dana Hollins, CIH, MPH
Ms. Hollins is a certified industrial hygienist and maintains an office at Cardno Chemrisk,
101 2nd Street, Suite 700, San Francisco, CA 94105. Her primary training and areas of expertise
include environmental and occupational epidemiology, exposure assessment, industrial hygiene,
and human health risk assessment. A significant portion of her practice is dedicated to the
evaluation of chemical risks from commercial, consumer, and/or industrial products. She has
completed quantitative risk assessments for consumer products and occupational and environment
contaminants such as asbestos, diacetyl, beryllium, benzene, and phalates. She holds a B.A. in
organizational management from the University of Michigan, and a master's degree in public
health with a specialty in occupational and environmental epidemiology from the University of
Michigan. She is a member of the American Conference of Governmental Industrial Hygienists,
Society for Epidemiologic Research, and American Industrial Hygiene Association.
She may offer testimony on the state-of-the-art as it relates to the field of cosmetic-grade
talc. Ms. Hollins may further testify regarding industrial hygiene principles, practices and
procedures as they relate to exposure to products containing cosmetic-grade talc with respect to
plaintiffs' particular alleged occupational exposures. Specific reference may be made to historical,
scientific and medical literature, government regulations, and other information pertaining to
asbestos fibers and asbestos in talc products. Testimony may be offered as to the EPA and OSHA
Regulations in effect during the period of time plaintiff was employed.
Ms. Hollins will offer the opinion that plaintiffs' use, installation, removal or contact, if
any, with cosmetic talc products allegedly manufactured or supplied by this defendant did not
cause or contribute to plaintiffs' disease. She may further testify that plaintiffs' disease was caused
by cosmetic talc products manufactured or supplied by entities other than this defendant.
Ms. Hollins' testimony and opinions will be based on her background, training, education
and experience in the areas of occupational health and safety as well as industrial hygiene and her
understanding and experience with cosmetic talc products.
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Ms. Hollins' testimony will further be based on her publications and review of the medical,
governmental and scientific literature and various air sampling studies, work facility inspections
and documents, where applicable, as well as review of medical records, doctor's reports, fiber
burden or digestion studies performed by her or others and doctor's reports including analysis of
chest films, and pathology materials.
With regard to specific plaintiffs, his testimony will be based on his interpretation of
records relating to the plaintiffs' alleged occupational asbestos exposure including, but not limited
to, plaintiffs' interrogatory responses and the deposition testimony offered by plaintiffs, plaintiffs'
family members and/or plaintiffs' co-workers. Further, she may respond to opinions offered by
any other experts and/or fact witnesses relating to the plaintiff that pertain to her specialty or any
other additional materials provided. She may also provide testimony consistent with the disclosure
of any other expert disclosed by this defendant or any other party to this case.
A.Michael Ierardi, MES
Mr. Ierardi is a Senior Health Scientist and Regional Unit Manager and maintains an office
at Cardno Chemrisk, 231 Front Street Suite 212. Brooklyn, NY 11201. A copy of his curriculum
vitae is annexed hereto as Exhibit "B."
Mr. Ierardi may offer testimony regarding the release of asbestos fibers, if any, from
asbestos containing materials used in industrial, para-occupational, and consumer settings. Mr.
Ierardi will offer the opinion that plaintiff(s) contact, if any, with any cosmetic talc products
manufactured on a contract basis by Kolmar for one or more of the defendants in this case and/or
entities not party to this case did not raise her risk of developing mesothelioma. Mr. Ierardi may
testify generally regarding air quality with respect to threshold limits and acceptable levels of
asbestos exposure pursuant to guidelines set forth by private and governmental agencies during
the time periods in which plaintiff(s) claims exposure to cosmetic talc products.
Mr. Ierardi may testify regarding any and all issues within his fields of expertise with
respect to asbestos-containing products and/or cosmetic talc products. Further, he may respond to
opinions offered by any other experts and/or fact witnesses relating to plaintiff(s) that pertain to
his specialty or any other additional materials provided. He may also provide testimony consistent
with the disclosure of any other expert disclosed by Kolmar or any other party to this case, or any
evidence introduced into the record at trial.
Ms. Ierardi’s testimony and opinions will be based on his background, training, education
and experience in the areas of environmental and occupational epidemiology, exposure
assessment, industrial hygiene, and human health risk assessment, and her understanding of and
experience with various asbestos-containing products and/or cosmetic talc products. Mr. Ierardi's
testimony will further be based on his review of relevant medical, governmental, industrial
hygiene, and scientific literature, and various air sampling studies relating to the use of and/or
exposure to asbestos-containing products and/or cosmetic talc products. His testimony will further
be based on his interpretation of records relating to plaintiff's alleged asbestos exposure in
connection with allegedly asbestos-containing cosmetic talc products, including but not limited to,
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plaintiffs' interrogatory responses, the deposition testimony offered by all fact witnesses in this
case, and all materials directly or indirectly. He may also provide testimony consistent with the
disclosure of any other expert disclosed by Kolmar or any other party to this case, may rebut the
testimony of any expert witnesses called by plaintiffs in this case (specifically including any expert
who attempt to quantify plaintiff's alleged exposure to asbestos in connection with her claimed
exposure to cosmetic talc products), and may comment upon any evidence introduced into the
record at trial.
Gary Marsh, Ph.D., F.A.C.E.
Dr. Marsh is a professor of epidemiology, biostatistics, and clinical and translational
science at the University of Pittsburgh School of Public Health. He is the founder and director of
the University's Center of Occupational Biostatistics and Epidemiology. He has extensive
experience designing and conducting research in the areas of occupational epidemiology,
environmental epidemiology, health services evaluation, and survey sampling. He has authored
more than 160 peer-reviewed articles published in the scientific literature.
Dr. Marsh may testify about the science of epidemiology and the differences between case
reports and the various types of epidemiologic studies, the interpretation and reliability of relevant
epidemiologic studies, including the Bradford-Hill Criteria, and the published literature related to
mesothelioma. He may testify to his work in the field of epidemiology, including the state of the
art of the field over time, particularly as it relates to asbestos and cosmetic talc. He may testify
concerning the absence of scientific evidence supporting plaintiffs' claims that their disease was
caused by the application and or use of cosmetic talc. He may also testify regarding the risk of
cancer associated with workers exposed to cosmetic-grade talc. He may further testify regarding
the existence or lack of existence of dose-response relationships between exposure to cosmetic-
grade talc.
Timothy D. Oury, M.D., Ph.D.
Dr. Oury is a pathologist and an expert in the field of pulmonary pathology. Dr. Oury is
an Assistant Professor at the University of Pittsburgh's Department of Pathology. He holds a B.S.
from Purdue University in biochemistry and an M.D. and Ph.D. from Duke University. He is a
member of the United States and Canadian Academy of Pathology, the American Thoracic Society
and the Pulmonary Pathology Society. He is licensed to practice medicine in the States of
Pennsylvania and North Carolina.
Dr. Oury may testify generally regarding asbestos-related diseases and the effects of
asbestos exposure in connection with various asbestos-related products in industrial settings. He
may also testify regarding the pathology, toxicology, and epidemiology of asbestos-related
diseases. He may also testify regarding the standards for the diagnosis of various asbestos diseases
and dose response with respect to the relationship between asbestos exposure and asbestos-related
diseases. Dr. Oury may further testify regarding the nature of various types of asbestos fibers and
how they relate to mesothelioma, lung cancer, cancers of the respiratory system, and/or cancers of
other sites in the human body. He may also testify regarding the risks of various types of asbestos
and levels of exposure to them relative to the risks of suffering personal injury.
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Dr. Oury may offer the opinion that plaintiffs' use, installation, removal or contact, if any,
with asbestos-containing talc products allegedly manufactured or supplied by Kolmar did not
cause or contribute to plaintiffs' disease. He may further testify that plaintiffs' disease was caused
by asbestos products manufactured or supplied by entities other than this defendant. Dr. Oury will
also testify regarding the veracity of individual plaintiffs' diagnoses of mesothelioma and/or
cancer. With respect to individual plaintiffs, Dr. Oury's testimony will be based on his
interpretation of the results of diagnostic tests, including, but not limited to, X-ray films, plaintiff's
medical records, pathology slides, fiber burden analysis, microprobe analysis, digestive body
analysis and pulmonary function tests.
Dr. Oury's testimony will be based on his training, professional experience, education,
publications and review of the medical, governmental and scientific literature and various air
sampling studies, work facility inspections and documents, where applicable, as well as review of
medical records, doctor's reports, fiber burden or digestion studies performed by him or others and
doctor's reports including analysis of chest films, and pathology materials. His testimony will
further be based on his interpretation of records relating to the plaintiffs' alleged occupational
asbestos exposure including, but not limited to, plaintiffs' interrogatory responses and the
deposition transcripts of plaintiffs and/or plaintiffs' co-workers.
He may also provide testimony consistent with the disclosure of any other expert disclosed
by this defendant or any other party to this case. He will also base his testimony on his
interpretation of records relating to the plaintiffs' alleged non-occupational talc exposure including,
but not limited to, plaintiffs' interrogatory responses and the deposition transcripts of plaintiffs
and/or plaintiffs' co-workers. Further, he may respond to opinions offered by any other experts
and/or fact witnesses relating to the plaintiff that pertain to his specialty or any other additional
materials provided, or any evidence made part of the record at trial.
Drew Van Orden, P.E.
Mr. Van Orden is a professional engineer, mineralogist, and materials specialist, and
maintains an office at R.J. Lee Group, Inc., 350 Hochberg Road, Monroeville, PA 15146. Mr.
Van Orden may offer testimony regarding mineralogy and microscopy as they relate to the study
of asbestos fibers, both inside and outside of the human body. He will testify regarding the
different types of microcopy used to view and count asbestos fibers, asbestos bodies, and other
substances (including but not limited to other mineral fibers, talc, and synthetic vitreous fibers),
including transmission electron microscopy and scanning electron microscopy generally, how
these types of microscopy are used in order to view and count asbestos fibers, asbestos bodies, and
other materials, and the relative strengths and weaknesses of each type of microscopy for doing
so. He will testify regarding his professional background and his bases of knowledge regarding
microscopy in these regards. He will further testify regarding asbestos fiber burden studies of
human lung tissue generally, how such studies are performed, and how their results are to be
interpreted. He will further testify regarding energy dispersive x-ray spectroscopy (EDXA) and
selected area electron diffraction (SAED) generally, how these microscopic techniques are
performed with respect asbestos fibers and other substances, and how they are used to identify
different types of asbestos fibers. Mr. Van Orden will also testify regarding the mineralogy of
asbestos fibers generally, the chemical makeup of the different types of asbestos fibers, and how
the different types of asbestos fibers are identified by microscopists and mineralogists.
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Mr. Van Orden may testify about various methodologies for testing materials, including
mined materials, bulk product, air, and dust samples for cosmetic talc and various asbestos fibers,
and the limitations and requirements associated with the use of such methodologies, and the
conclusions that may and may not be made based upon the testing results of such samples. He
may testify regarding the Food and Drug Association's proposed regulation and testing
methodology of cosmetic-grade talc for the presence of asbestos, as well as other governmental,
industrial, and company standards. He may testify concerning the state of the art methodology for
testing cosmetic talc for asbestos fibers.
Mr. Van Orden may testify regarding the talc mining and milling process generally,
including measures taken to reduce the likelihood of asbestos contamination in raw cosmetic-grade
talc. He may further testify regarding the sources of cosmetic-grade talc in products manufactured
and/or sold by Kolmar, if any, of the source mines for this material, the likelihood that these mines
would have contained asbestos (and what form thereof), and the likelihood that asbestos could
have made its way into individual products manufactured and/or sold by Kolmar. He may also
testify regarding the misidentification of "asbestos" in talc deposits historically.
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Reservations
Kolmar herein expressly reserves the right to disclose any additional witnesses which may
be needed to rebut any other witnesses of the parties or the testimony of other parties not known
as of the time of this disclosure.
Kolmar herein expressly adopts the fact witness disclosure of all other parties in these
cases.
Kolmar herein expressly reserves the right to supplement and/or amend this fact witness
list up to and including the time of trial.
Dated: New York, New York
April 6, 2022
Yours, etc.,
CLYDE & CO US LLP
By:
Jeffrey C. Fegan
The Chrysler Building
405 Lexington Avenue, 16th Floor
New York, New York 10174
Phone: (212) 710-3900
Fax: (212) 710-3950
Email: jeffrey.fegan@clydeco.us
Attorney for Defendant Kolmar Laboratories, Inc.
To: Simmons Hanly Conroy
Attorneys for Plaintiff’s
112 Madison Avenue, 7th Floor
New York, New York 10016
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 84 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 SUPREME COURT OF THE STATE OF NEW YORK ALL COUNTIES WITHIN NEW YORK CITY -----------------------------------------------------------------x IN RE: NEW YORK CITY ASBESTOS LITIGATION -----------------------------------------------------------------x This Document Relates To: EXPERT WITNESS LIST All April 2022 IETC Cases in which Kolmar Laboratories, Inc. is a named as a defendant. -----------------------------------------------------------------x General Disclosures/Preliminary Statement 1. At such time, if any, that the plaintiffs offer evidence of the plaintiffs'/decedents' exposure to any asbestos-containing product allegedly manufactured, sold, used, or distributed by Kolmar Laboratories, Inc. ("Kolmar"), Kolmar will determine whether any experts will be required and will supplement this expert witness disclosure since at the present time, it is impossible to determine which witnesses might have relevant information. Subject to the above, Kolmar reserves the right to supplement with additional witnesses upon deposing plaintiffs' expert witnesses and completion of further discovery, with respect to cases involving exposure to asbestos that plaintiffs associate with Kolmar. Kolmar designates the following witnesses who have agreed, if called, to testify at the trial of this matter(s) and will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning their opinion(s) to be offered at trial. Otherwise, Kolmar reserves the right to add or delete experts from the list provided below: (a) All expert witnesses or persons with knowledge and designated by plaintiffs, to the extent not legally objectionable to Kolmar; (b) All expert witnesses deposed in this litigation; (c) All expert witnesses listed by any defendant or other party whose testimony is not inconsistent with this defendant's defense of this matter, including but not limited to opinion witnesses disclosed by any defense counsel in this case in the areas of pathology, radiology, general medicine, economics, epidemiology, industrial hygiene, and state-of- the-art. This defendant has not had the opportunity to attend any deposition of the witnesses designated by any other party defendants in this lawsuit(s) but expressly reserves the right to adopt the deposition testimony of some or all of those witnesses disclosed by other party defendants. In the event any such testimony will be used by this defendant at trial, said testimony will be consistent with the deposition testimony and/or reports provided by other parties; (d) Any or all of plaintiffs'/decedents' treating physicians and/or other medical personnel; this defendant may call any or all of the treating doctors previously deposed in 1 1 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 this lawsuit(s) on the issues of plaintiffs'/decedents' diagnoses, the care and treatment of plaintiffs/decedents and/or the tests which were performed on plaintiffs/decedents and/or the physicians' interpretations thereof, to the extent not legally objectionable by Kolmar; (e) Kolmar reserves the right to call to testify any physician retained by any party to review plaintiffs'/decedents' medical data, to the extent not legally objectionable to Kolmar; (f) Kolmar reserves the right to call to testify any expert, medical doctor, or otherwise, retained by any party, who had in any way treated or examined plaintiffs/decedents, reviewed plaintiffs'/decedents' medical data, undertaken any diagnostic procedures relating to plaintiff or any physician who performed any independent medical examination and/or B-reading of any record of plaintiffs/decedents to the extent not legally objectionable to Kolmar; (g) Kolmar reserves the right to call to testify any health care provider, including but not limited to medical doctors, who provided care and/or treatment to plaintiffs/decedents, reviewed plaintiffs'/decedents' medical data, or has undertaken any diagnostic procedures relating to plaintiffs/decedents and to elicit from them any opinions that they may have of an expert nature, to the extent not legally objectionable to Kolmar; (h) Kolmar reserves the right to call to testify any custodian of any medical records pertaining to the plaintiffs/decedents to the extent that opinion testimony by such custodian is needed for proper authentication of records, to the extent not legally objectionable to Kolmar; (i) Kolmar reserves the right to call to testify any fact witnesses disclosed either by this party or another, whether plaintiff or defendant, who may, as a result of their background or observations, have beliefs or opinions which may be of an expert nature and which may be relevant to issues in this case, to the extent not legally objectionable to Kolmar; (j) To the extent that any other party tenders an expert witness for deposition or tenders testimony of an expert by way of previous testimony in a deposition, and to the extent said testimony is otherwise admissible, and to the extent that experts of said parties assert defenses not inconsistent with defenses asserted by this defendant, this defendant by adopt those individuals as experts being tendered on behalf of Kolmar; (k) Any of the persons disclosed herein may also testify regarding the existence or non-existence of any asbestos-related disease in the plaintiffs/decedents, as well as the presence of any other disease process, or condition within the plaintiffs/decedents; asbestos-related diseases and the effects of exposure to asbestos upon a person or persons in general, including the epidemiology of asbestos-related diseases; the medical records and/or examination of the plaintiffs/decedents; review and interpretation of x-ray films; review and interpretation of pulmonary function testing; review and interpretation of past medical histories; and other diseases or conditions present in the plaintiffs/decedents and/or the interpretation of related matters; and 2 2 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 (l) Since depositions of experts disclosed by plaintiffs have not been taken, Kolmar reserves the right to supplement and amend this listed designation of expert opinion witnesses. To the extent that plaintiffs develop information which subsequently establishes facts which may give support to plaintiffs' claims or develop expert testimony not previously disclosed, Kolmar reserves the right to provide additional designations of appropriate individuals, who may by reason of their background, training, or experience either have expertise or may be asked on behalf of Kolmar to render or state their opinions in the course of this litigation. Kolmar also reserves the right to withdraw any witnesses designated herein. 2. Kolmar disclaims any duty to call any of the expert witnesses at trial by virtue of identifying them in this disclosure. 3. Kolmar reserves the right to call any expert witness listed by any party, either live or by deposition or previous trial testimony, who may have been called to testify in this case for the purpose of impeachment, rebuttal, or any other purpose the law allows for. Specific Expert Witness Disclosures The following expert witnesses may be called upon to testify on behalf of Kolmar at the trial of the above referenced matters. The below-listed experts are expected to offer testimony regarding one or more of the following topics: 1. The symptoms associated with asbestosis, the disease process and diagnosis of asbestosis and other cancers of the respiratory system; 2. The anatomy and function of the respiratory system including the systems of the body which expel inhaled dust particles, and the diagnosis and treatment of diseases that affect these systems; 3. The effect of smoking and the use of other tobacco products on the respiratory system and other systems of the body; 4. The effect of exposure to substances other than asbestos and the development of diseases of the lungs, respiratory system and other systems of the body; 5. The method of diagnosing various diseases including, but not limited to, the method of diagnosing asbestos-related diseases and non-asbestos-related diseases and the criteria for distinguishing asbestos-related diseases from non-asbestos-related diseases; 6. Analysis of the incidence of lung cancer among individuals with asbestosis, persons allegedly exposed to asbestos but who have not been diagnosed with asbestosis, persons working in an industrial setting but not exposed to asbestos, and among the general population; 7. The relationship between cigarette smoking and lung cancer; 3 3 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 8. The effect of asbestosis, asbestos exposure and other asbestos-related diseases on life expectancy; 9. The absence of a relationship between pleural plaques and the development of cancer; 10. The history and evolution of knowledge regarding asbestos-related diseases among members of the medical and scientific communities; 11. The history and evolution of knowledge regarding asbestos-related diseases among manufacturers, trade organizations, and members of the general public; 12. The use of asbestos aboard vessels operated by the United States Navy, United States Coast Guard, Merchant Marine and private ship owners including but not limited to the use of qualified products lists by these entities; 13. The characteristics of various asbestos fiber types, the difference in their composition, durability and size and their propensity or lack of propensity for causing mesothelioma, lung cancer, asbestosis, cancer, respiratory diseases or other diseases; and 14. The history and evolution of regulations promulgated by OSHA, the EPA and other governmental and non-governmental entities regarding the use of asbestos. Amanda Burns, MSPH, DABT Ms. Burns is a board certified toxicologist and maintains an office at Cardno Chemrisk, 231 Front Street Suite 212. Brooklyn, NY 11201. A copy of her curriculum vitae is annexed hereto as Exhibit "A." Ms. Burns may offer testimony regarding the release of asbestos fibers, if any, from asbestos containing materials used in industrial, para-occupational, and consumer settings. Ms. Burns will offer the opinion that plaintiff(s) contact, if any, with any cosmetic talc products manufactured on a contract basis by Kolmar for one or more of the defendants in this case and/or entities not party to this case did not raise her risk of developing mesothelioma. Ms. Burns may testify generally regarding air quality with respect to threshold limits and acceptable levels of asbestos exposure pursuant to guidelines set forth by private and governmental agencies during the time periods in which Plaintiff(s) claims exposure to cosmetic talc products. Ms. Burns may testify regarding any and all issues within her fields of expertise with respect to asbestos-containing products and/or cosmetic talc products. Further, she may respond to opinions offered by any other experts and/or fact witnesses relating to Plainitff(s) that pertain to her specialty or any other additional materials provided. She may also provide testimony consistent with the disclosure of any other expert disclosed by Kolmar or any other party to this case, or any evidence introduced into the record at trial. Ms. Burns' testimony and opinions will be based on her background, training, education and experience in the areas of environmental and occupational epidemiology, exposure assessment, industrial hygiene, and human health risk assessment, and her understanding of and 4 4 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 experience with various asbestos-containing products and/or cosmetic talc products. Ms. Burns' testimony will further be based on her review of relevant medical, governmental, industrial hygiene, and scientific literature, and various air sampling studies relating to the use of and/or exposure to asbestos-containing products and/or cosmetic talc products. Her testimony will further be based on her interpretation of records relating to Plaintiff’s alleged asbestos exposure in connection with allegedly asbestos-containing cosmetic talc products, including but not limited to, plaintiffs' interrogatory responses, the deposition testimony offered by all fact witnesses in this case, and all materials directly or indirectly. She may also provide testimony consistent with the disclosure of any other expert disclosed by Kolmar or any other party to this case, may rebut the testimony of any expert witnesses called by plaintiffs in this case (specifically including any expert who attempt to quantify plaintiff's alleged exposure to asbestos in connection with her claimed exposure to cosmetic talc products), and may comment upon any evidence introduced into the record at trial. Dana Hollins, CIH, MPH Ms. Hollins is a certified industrial hygienist and maintains an office at Cardno Chemrisk, 101 2nd Street, Suite 700, San Francisco, CA 94105. Her primary training and areas of expertise include environmental and occupational epidemiology, exposure assessment, industrial hygiene, and human health risk assessment. A significant portion of her practice is dedicated to the evaluation of chemical risks from commercial, consumer, and/or industrial products. She has completed quantitative risk assessments for consumer products and occupational and environment contaminants such as asbestos, diacetyl, beryllium, benzene, and phalates. She holds a B.A. in organizational management from the University of Michigan, and a master's degree in public health with a specialty in occupational and environmental epidemiology from the University of Michigan. She is a member of the American Conference of Governmental Industrial Hygienists, Society for Epidemiologic Research, and American Industrial Hygiene Association. She may offer testimony on the state-of-the-art as it relates to the field of cosmetic-grade talc. Ms. Hollins may further testify regarding industrial hygiene principles, practices and procedures as they relate to exposure to products containing cosmetic-grade talc with respect to plaintiffs' particular alleged occupational exposures. Specific reference may be made to historical, scientific and medical literature, government regulations, and other information pertaining to asbestos fibers and asbestos in talc products. Testimony may be offered as to the EPA and OSHA Regulations in effect during the period of time plaintiff was employed. Ms. Hollins will offer the opinion that plaintiffs' use, installation, removal or contact, if any, with cosmetic talc products allegedly manufactured or supplied by this defendant did not cause or contribute to plaintiffs' disease. She may further testify that plaintiffs' disease was caused by cosmetic talc products manufactured or supplied by entities other than this defendant. Ms. Hollins' testimony and opinions will be based on her background, training, education and experience in the areas of occupational health and safety as well as industrial hygiene and her understanding and experience with cosmetic talc products. 5 5 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 Ms. Hollins' testimony will further be based on her publications and review of the medical, governmental and scientific literature and various air sampling studies, work facility inspections and documents, where applicable, as well as review of medical records, doctor's reports, fiber burden or digestion studies performed by her or others and doctor's reports including analysis of chest films, and pathology materials. With regard to specific plaintiffs, his testimony will be based on his interpretation of records relating to the plaintiffs' alleged occupational asbestos exposure including, but not limited to, plaintiffs' interrogatory responses and the deposition testimony offered by plaintiffs, plaintiffs' family members and/or plaintiffs' co-workers. Further, she may respond to opinions offered by any other experts and/or fact witnesses relating to the plaintiff that pertain to her specialty or any other additional materials provided. She may also provide testimony consistent with the disclosure of any other expert disclosed by this defendant or any other party to this case. A.Michael Ierardi, MES Mr. Ierardi is a Senior Health Scientist and Regional Unit Manager and maintains an office at Cardno Chemrisk, 231 Front Street Suite 212. Brooklyn, NY 11201. A copy of his curriculum vitae is annexed hereto as Exhibit "B." Mr. Ierardi may offer testimony regarding the release of asbestos fibers, if any, from asbestos containing materials used in industrial, para-occupational, and consumer settings. Mr. Ierardi will offer the opinion that plaintiff(s) contact, if any, with any cosmetic talc products manufactured on a contract basis by Kolmar for one or more of the defendants in this case and/or entities not party to this case did not raise her risk of developing mesothelioma. Mr. Ierardi may testify generally regarding air quality with respect to threshold limits and acceptable levels of asbestos exposure pursuant to guidelines set forth by private and governmental agencies during the time periods in which plaintiff(s) claims exposure to cosmetic talc products. Mr. Ierardi may testify regarding any and all issues within his fields of expertise with respect to asbestos-containing products and/or cosmetic talc products. Further, he may respond to opinions offered by any other experts and/or fact witnesses relating to plaintiff(s) that pertain to his specialty or any other additional materials provided. He may also provide testimony consistent with the disclosure of any other expert disclosed by Kolmar or any other party to this case, or any evidence introduced into the record at trial. Ms. Ierardi’s testimony and opinions will be based on his background, training, education and experience in the areas of environmental and occupational epidemiology, exposure assessment, industrial hygiene, and human health risk assessment, and her understanding of and experience with various asbestos-containing products and/or cosmetic talc products. Mr. Ierardi's testimony will further be based on his review of relevant medical, governmental, industrial hygiene, and scientific literature, and various air sampling studies relating to the use of and/or exposure to asbestos-containing products and/or cosmetic talc products. His testimony will further be based on his interpretation of records relating to plaintiff's alleged asbestos exposure in connection with allegedly asbestos-containing cosmetic talc products, including but not limited to, 6 6 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 plaintiffs' interrogatory responses, the deposition testimony offered by all fact witnesses in this case, and all materials directly or indirectly. He may also provide testimony consistent with the disclosure of any other expert disclosed by Kolmar or any other party to this case, may rebut the testimony of any expert witnesses called by plaintiffs in this case (specifically including any expert who attempt to quantify plaintiff's alleged exposure to asbestos in connection with her claimed exposure to cosmetic talc products), and may comment upon any evidence introduced into the record at trial. Gary Marsh, Ph.D., F.A.C.E. Dr. Marsh is a professor of epidemiology, biostatistics, and clinical and translational science at the University of Pittsburgh School of Public Health. He is the founder and director of the University's Center of Occupational Biostatistics and Epidemiology. He has extensive experience designing and conducting research in the areas of occupational epidemiology, environmental epidemiology, health services evaluation, and survey sampling. He has authored more than 160 peer-reviewed articles published in the scientific literature. Dr. Marsh may testify about the science of epidemiology and the differences between case reports and the various types of epidemiologic studies, the interpretation and reliability of relevant epidemiologic studies, including the Bradford-Hill Criteria, and the published literature related to mesothelioma. He may testify to his work in the field of epidemiology, including the state of the art of the field over time, particularly as it relates to asbestos and cosmetic talc. He may testify concerning the absence of scientific evidence supporting plaintiffs' claims that their disease was caused by the application and or use of cosmetic talc. He may also testify regarding the risk of cancer associated with workers exposed to cosmetic-grade talc. He may further testify regarding the existence or lack of existence of dose-response relationships between exposure to cosmetic- grade talc. Timothy D. Oury, M.D., Ph.D. Dr. Oury is a pathologist and an expert in the field of pulmonary pathology. Dr. Oury is an Assistant Professor at the University of Pittsburgh's Department of Pathology. He holds a B.S. from Purdue University in biochemistry and an M.D. and Ph.D. from Duke University. He is a member of the United States and Canadian Academy of Pathology, the American Thoracic Society and the Pulmonary Pathology Society. He is licensed to practice medicine in the States of Pennsylvania and North Carolina. Dr. Oury may testify generally regarding asbestos-related diseases and the effects of asbestos exposure in connection with various asbestos-related products in industrial settings. He may also testify regarding the pathology, toxicology, and epidemiology of asbestos-related diseases. He may also testify regarding the standards for the diagnosis of various asbestos diseases and dose response with respect to the relationship between asbestos exposure and asbestos-related diseases. Dr. Oury may further testify regarding the nature of various types of asbestos fibers and how they relate to mesothelioma, lung cancer, cancers of the respiratory system, and/or cancers of other sites in the human body. He may also testify regarding the risks of various types of asbestos and levels of exposure to them relative to the risks of suffering personal injury. 7 7 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 Dr. Oury may offer the opinion that plaintiffs' use, installation, removal or contact, if any, with asbestos-containing talc products allegedly manufactured or supplied by Kolmar did not cause or contribute to plaintiffs' disease. He may further testify that plaintiffs' disease was caused by asbestos products manufactured or supplied by entities other than this defendant. Dr. Oury will also testify regarding the veracity of individual plaintiffs' diagnoses of mesothelioma and/or cancer. With respect to individual plaintiffs, Dr. Oury's testimony will be based on his interpretation of the results of diagnostic tests, including, but not limited to, X-ray films, plaintiff's medical records, pathology slides, fiber burden analysis, microprobe analysis, digestive body analysis and pulmonary function tests. Dr. Oury's testimony will be based on his training, professional experience, education, publications and review of the medical, governmental and scientific literature and various air sampling studies, work facility inspections and documents, where applicable, as well as review of medical records, doctor's reports, fiber burden or digestion studies performed by him or others and doctor's reports including analysis of chest films, and pathology materials. His testimony will further be based on his interpretation of records relating to the plaintiffs' alleged occupational asbestos exposure including, but not limited to, plaintiffs' interrogatory responses and the deposition transcripts of plaintiffs and/or plaintiffs' co-workers. He may also provide testimony consistent with the disclosure of any other expert disclosed by this defendant or any other party to this case. He will also base his testimony on his interpretation of records relating to the plaintiffs' alleged non-occupational talc exposure including, but not limited to, plaintiffs' interrogatory responses and the deposition transcripts of plaintiffs and/or plaintiffs' co-workers. Further, he may respond to opinions offered by any other experts and/or fact witnesses relating to the plaintiff that pertain to his specialty or any other additional materials provided, or any evidence made part of the record at trial. Drew Van Orden, P.E. Mr. Van Orden is a professional engineer, mineralogist, and materials specialist, and maintains an office at R.J. Lee Group, Inc., 350 Hochberg Road, Monroeville, PA 15146. Mr. Van Orden may offer testimony regarding mineralogy and microscopy as they relate to the study of asbestos fibers, both inside and outside of the human body. He will testify regarding the different types of microcopy used to view and count asbestos fibers, asbestos bodies, and other substances (including but not limited to other mineral fibers, talc, and synthetic vitreous fibers), including transmission electron microscopy and scanning electron microscopy generally, how these types of microscopy are used in order to view and count asbestos fibers, asbestos bodies, and other materials, and the relative strengths and weaknesses of each type of microscopy for doing so. He will testify regarding his professional background and his bases of knowledge regarding microscopy in these regards. He will further testify regarding asbestos fiber burden studies of human lung tissue generally, how such studies are performed, and how their results are to be interpreted. He will further testify regarding energy dispersive x-ray spectroscopy (EDXA) and selected area electron diffraction (SAED) generally, how these microscopic techniques are performed with respect asbestos fibers and other substances, and how they are used to identify different types of asbestos fibers. Mr. Van Orden will also testify regarding the mineralogy of asbestos fibers generally, the chemical makeup of the different types of asbestos fibers, and how the different types of asbestos fibers are identified by microscopists and mineralogists. 8 8 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 Mr. Van Orden may testify about various methodologies for testing materials, including mined materials, bulk product, air, and dust samples for cosmetic talc and various asbestos fibers, and the limitations and requirements associated with the use of such methodologies, and the conclusions that may and may not be made based upon the testing results of such samples. He may testify regarding the Food and Drug Association's proposed regulation and testing methodology of cosmetic-grade talc for the presence of asbestos, as well as other governmental, industrial, and company standards. He may testify concerning the state of the art methodology for testing cosmetic talc for asbestos fibers. Mr. Van Orden may testify regarding the talc mining and milling process generally, including measures taken to reduce the likelihood of asbestos contamination in raw cosmetic-grade talc. He may further testify regarding the sources of cosmetic-grade talc in products manufactured and/or sold by Kolmar, if any, of the source mines for this material, the likelihood that these mines would have contained asbestos (and what form thereof), and the likelihood that asbestos could have made its way into individual products manufactured and/or sold by Kolmar. He may also testify regarding the misidentification of "asbestos" in talc deposits historically. 9 9 of 10 FILED: NEW YORK COUNTY CLERK 07/10/2023 04/06/2022 10:29 10:37 PM AM INDEX NO. 190002/2023 782000/2017 NYSCEF DOC. NO. 169 3222 RECEIVED NYSCEF: 07/10/2023 04/06/2022 Reservations Kolmar herein expressly reserves the right to disclose any additional witnesses which may be needed to rebut any other witnesses of the parties or the testimony of other parties not known as of the time of this disclosure. Kolmar herein expressly adopts the fact witness disclosure of all other parties in these cases. Kolmar herein expressly reserves the right to supplement and/or amend this fact witness list up to and including the time of trial. Dated: New York, New York April 6, 2022 Yours, etc., CLYDE & CO US LLP By: Jeffrey C. Fegan The Chrysler Building 405 Lexington Avenue, 16th Floor New York, New York 10174 Phone: (212) 710-3900 Fax: (212) 710-3950 Email: jeffrey.fegan@clydeco.us Attorney for Defendant Kolmar Laboratories, Inc. To: Simmons Hanly Conroy Attorneys for Plaintiff’s 112 Madison Avenue, 7th Floor New York, New York 10016 10 10 of 10